This paper is a formal memorandum of law about the potential criminal, tort and contract claims by client PaulaTall, who was said to be raped by a famous athlete and then fired by him and the resort.
Abstract This paper is written by the author as the associate reporting his or her legal research to the senior partners about the client PaulaTall, a licensed physical therapist at physical rehabilitation resort, who was assigned to do therapeutic work with a famous athlete. The author reports that, after two days of therapy, the athlete offered Ms. Tall a contract for a job as his personal therapist, which she accepted. The paper continues to relate the facts of an inconsistent report of rape and her subsequent firings. The author presents questions and answers to (1) what crimes, if any, might the famous athlete be charged with and the prospects for conviction, (2) what actions in tort might be brought against him and the prospects for recovery and (3) whether the "contract" which he gave to Ms. Tall is enforceable and to what extent. The paper includes an extensive discussion of cases relating to the author's research.
From the Paper "There is no requirement that the victim of a sexual assault resist. The Texas statute defining criminal sexual assault focuses the fact that the victim is compelled, not her resistance. Hernandez v. State, 804 S.W.2d 168 (Tex. App. 1991). Further, consent must be given freely. If consent was produced by a threat against the victim, consent is negated, and the resulting act remains a criminal sexual assault. Cavazos v. State, 668 S.W.2d 435 (Tex. Crim. App. 1984). Further, in evaluating the validity of consent, the relative strength of the parties can be considered."
Abstract In this article, the writer discusses that the laws of ancient Rome gave way to the beginning of the law as we know it today. Roman law evolved law and gave way to both unwritten "natural law" and most importantly written law. The writer notes that written law made each law known and so it gave way to the idea of equality for all. The writer points out that the Romans were one of the first governments to actually have written law which helped to govern the people because they could prosecute everyone since each person was required to know the law and go by it. Without written law, our society would be one in chaos. The writer concludes that Rome's history of law through the centuries gave way to law as we know it today and played a very important role in our history.
From the Paper "This law was based on customs and applied only to Roman citizens. Since there were more than just Roman citizens in Rome, a set of laws were put in place titled jus gentium or law of the nations. These laws were set in place to govern both Roman citizens and foreigners. This set of laws would govern even magistrates and was a better alternative to jus civil. Generally, Roman had treaties with foreign states that would protect foreigners who ventured into Rome. For those foreigners whose state did not have a treaty with Rome, jus gentium would protect them as well. These laws would consist of three elements. The first would apply to an existing mercantile law and would be used by traders. The second part of the law would govern the Roman citizens and foreigners collectively and the third part of the law said that the magistrate would use his definition of what was fair and just."
Abstract This paper is a detailed discussion of Islamic criminal law, its sources, its application, and its conflict with international law and human rights. The author examines both primary and secondary sources of Islamic law, and describes Hudud, Tazir and Qesas crime and punishment. The paper also focuses on the historical background of Muslim law.
From the paper:
?Islam means "submission" or "surrender" to the will of Allah. For the more than one billion Muslims of the world, this means submission to a comprehensive code of law governing every arena of life: social, political, economic, and religious. In Islam there is no separation of church and state, no distinction between religion and politics; Government, law, and religion are unified. Some would argue that Islamic law is not fully practiced in any part of the Islamic world. While this may be true, twenty-three nations have either declared Islam to be the state religion or declared the religious writings of Islam to be the principal source of law.?
Abstract This paper discusses the similarities and differences between American law and Jewish law (the Halakha) in terms of change, obedience and morality. It discusses each legal systems' approach to obeying the law, law and change, and the nexus between law and morality.
From the Paper "In discussing the idea of law legal scholar Dennis Lloyd stated that contemporary law in Western society is very much the product of influences emanating from the ancient Greeks and Hebrews who individually brought a ..."
Tags: American law, Jewish law, common law, Halakha
Abstract This paper deals with the problems in implementing Megan's Law also known as community notification laws for sex offenders This paper lays out in great detail the problems this law presents to law enforcement officers. The author argues that Megan's Law has a lot of flaws and questions that must be addressed.
From the Paper " In the wake of the murder of seven-year-old Megan Kanka by a convicted sex offender, the State passed a series of bills designed to toughen the states handling of sex offenders. These bills Senate No. 13-1994 and Assembly No.85-1994, commonly known as Megan's Law, range in scope from requiring convicted sexual offenders to provide blood specimen's to a DNA database, to studying the effectiveness of the state's treatment center of sexual offenders. These bills address the danger of recidivism by sex offenders. It requires the registration of sex offenders to their local police. If their municipality does not have a local police department, they must register with the State Police. They must verify their address with the police every three months. The most controversial provision of Megan's Law is the community notification provision that provides notification when a sex offender will be let out of prison at least 45 days before they are released. The bills passed both houses by an unanimous vote. It was signed into law by Governor Whitman on October 31, 1994. (Dougherty)"
Tags: community, law, laws, megan, notifaction, offenders, sex
Abstract The paper shows that the dispute over laws requiring seat belt use is not on the basis of safety. Almost everyone agrees that seat belts can prevent injury or death. Rather, opponents point to the issue of personal choice. The paper discusses that how people perceive mandatory seat belt laws also reflect ones attitude and value system that is shaped by their environment, knowledge and experience. This paper reveals how the acceptance of seat belt laws varies across racial, gender and age. Furthermore, this study analyzes how people respond to mandatory seat belts laws based on knowledge and experience. Additionally, of those who favor seat belt laws to what extent is their support.
From the Paper "There were also some fundamental differences in the way women and men responded the questions. The results of the survey showed that the majority of women support seat belt laws (91%), which is 11% higher than the support indicated by men. The majority of women also favor fines for those who are caught without wearing a seat belt, as two-thirds of the women polled hold this belief. More females than males also believed that if they were stopped for not wearing at seat belt and ticketed, that the ticket would be adequate and well deserved. "
This paper uses a case study to examine United Kingdom Consumer Laws and Consumer criminal laws. The laws are meant to protect consumers against defective and unsafe products and services.
Abstract United Kingdom Consumer Laws and Consumer criminal Laws are meant to protect consumers against defective and unsafe products and services. They can be invoked if a consumer feels he was taken for a ride and given product or service, which did not meet his needs or was faulty in any sense. We need to understand that certain conditions apply when these laws are made use of to bring charges against a trader. For example, the nature of product or service doesn't count at all but the length of use; special seller instructions, representation of a product etc. play a dominant role in determining the exact nature of breach of contract between the seller and the consumer.
Proposal-Introduction
Executive Summary
-------Rights and Liabilities-Used car
-------Rights and Liabilities-Seat cover
-------Rights and Liabilities- Cell batteries
-------Rights and Liabilities-Re-roofing
-------Rights and liabilities-Dogs
Conclusions/Recommendations
From the Paper "Eleanor and Nicos needed to purchase a second-hand car and visited Solid Cars for this purpose. There they found a Range Rover, which was being offered for ?2,000. The salesman informed them the original engine of the Rover had been replaced with a reconditioned engine. After initial discussions with the salesman, they agreed to purchase the vehicle through their debit card. The salesman however told them few things, which later proved to be incorrect and caused them several problems during test-drive."
Tags: Consumers, Laws, United, Kingdom, Merchants, Legal, rights
Abstract Reviews Durkheim's view that there are essentially two types of law that exist in a society-- repressive law which deals with penal law and restitutive law which consists of restoring relationships, which have been disturbed, back to their normal state.
From the Paper "On the issue of law and how it pertains to crime and society, Durkheim concludes that "crime is necessary" (Durkheim 23). If there were no crime, it would be evident that change was not possible. Crime is both functional and dysfunctional role in society (Durkheim 22). It is functional, or necessary because when crime and deviance are recognized, the community imposes punishment against such behavior. Punishment reminds society about what it should and should not do as well as heightens awareness of the shared moral sensibilities and community identity."
Abstract How do terrorist threats challenge the current international legal framework? Should the current framework of international humanitarian law be altered? This paper reviews existing international law, challenges to those laws, how countries have responded to terrorism vis-a-vis the implementation of new laws, the justifications used by countries to side-step existing laws, and more.
From the Paper "In the event that national courts prefer not to assume the role of investigating and prosecuting criminals connected with terrorist acts, other jurisdictions may become involved. One, the Security Council of the UN, under Chapter VII of the UN Charter, "has broad powers to take measures for international peace and security." Also, there is the International Court of Justice (ICJ), a court associated with the United Nations, and the International Criminal Court (ICC). According to its charter statement - the "Rome Statute of the International Criminal Court" - this court was set up on July 17, 1998, by a coalition of 120 states participating in the "United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court.""
Abstract This paper discusses a criminal law, Public Law 104-132, that created disadvantage for the prosecution by preventing it from convicting a known terrorist supporter. The paper summarizes an article in Time magazine surrounding the case and provides an opinion as to what the law's weaknesses are and how the law should be addressed.
From the Paper "The nation's laws are intended to bring the guilty to justice and preserve the freedoms of the innocent. However the laws do not always accomplish these goals effectively. Some laws are so poorly constructed that they provide ..."
Tags: criminal law, terrorism, disadvantage, Public Law 104-132, Time magazine
Abstract In this article, the writer discusses and compares common law and civil law. Further, the writer discusses international dispute resolution.
From the Paper "This section of the report will compare and contrast the common law legal system used in the United States, England and Canada with the civil law system that is used in most of continental Europe. Common law is described by Hall as the body of judge-made law that was administered in the royal courts of England King's, Queen's, Bench, Common, Pleas Exchequer and Exchequer Chamber in contrast with other bodies of English law administered in different courts such as equity admiralty canon ... "
Tags:law, international disputes, common law, civil law
Abstract It is indisputable that the natural law perspective has had a powerful influence on Canadian laws and lawmakers. However, some theorists believe that in today's multicultural and diverse societies, natural law is no longer relevant. It is argued in this paper that this is not accurate, and that the natural law perspective continues to have a powerful influence on Canadian laws and lawmakers. It shows, however, that other perspectives also have an influence.
Abstract This paper discusses the differences between tort law and contract law, and how they impact on the individual and/or organization. According to this paper, taking legal action based on tort law and contract law, is not simple. One has to taken the issues involved into very careful consideration. This paper reviews the issues and the necessary steps to be taken.
From the Paper "Tort law and contract law specifically impact individuals or organizations that believe that they have encountered others who have negatively impacted them in an intentional manner. Yet, the determination of finding legal recourse through tort law or contract law requires specific attention to the actions that have occurred, as well as whether or not those actions may encompass both areas of law in relation to the individual. Contract law is, by definition, an agreement between two parties in which both are willing to enter into a binding mutual exchange where both entities benefit. The contract states what the parties are willing to exchange and generally provides all of the stipulations of that agreement in documented or verbal form (Rowley). The documentation or verbal agreement allows the parties to have proof of their intentions, and should those intentions not be met either party has a legal recourse through lawsuit as necessary."
Abstract This paper discusses child labor laws in the United States. It starts off by discussing the history of child labor in this country and why there was a great need for reform. It also tells the reader the struggle that reformers went through to get child labor laws on the books. Next, the laws regarding child labor are discussed for today's times. The consequences of violating the laws are also mentioned.
From the Paper "The United States government has enacted many laws and regulations over the years to protect the rights of workers in this country from unfair labor practices, employment discrimination and abuse. One of the groups of people that the government has enacted this type of legislation to protect is that of children, some of the most vulnerable workers. Throughout this paper I will examine child labor laws in the United States. I will give the background for such laws and the history of child labor in this country, including situations which created the needs for these laws. Furthermore, I will discuss how these laws have evolved over the years and what effect child labor laws have on the workplace today. Although child labor is not a big issue today as far more youth are in school than working during current times, this was not always the case."
Abstract In an increasingly secular world natural law has frequently fallen under intense scrutiny. This paper, however, argues that natural law is superior to legal positivism and stands up well to three common criticism leveled against it; first that natural law is at least as subjective as any statute passed by legal positivists, second that natural law can impress a certain more absolutism and dogmatism upon the crafting and interpretation of the law which is inherently unhealthy in evolving societies, and thirdly that natural law is predicated upon faith and not upon reason as is the positive law tradition.
