This paper is a formal memorandum of law about the potential criminal, tort and contract claims by client Paula Tall, who was said to be raped by a famous athlete and then fired by him and the resort.
Research Paper # 102784 |
6,875 words (
approx. 27.5 pages ) |
74 sources |
MLA | 2008
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$ 93.95
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Abstract
This paper is written by the author as the associate reporting his or her legal research to the senior partners about the client Paula Tall, 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.
Table of Contents:
Facts
Questions Presented
Answer
Discussion
Criminal Charges
Civil Torts
Contract
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."
Tags:assault, criminal liability, credibility, civil recourse, employment-at-will
A memorandum on army writing.
Term Paper # 140334 |
1,000 words (
approx. 4 pages ) |
0 sources |
APA |
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$ 21.95
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This paper offers a memorandum on the importance of training for leadership, following requirements for army writing, and changing the text to meet those requirements in terms of word count. The memorandum includes a discussion on what a clarity index is.
Tags:army, writing, memorandum
A memorandum to the Secretary of Homeland Security.
Term Paper # 142541 |
1,750 words (
approx. 7 pages ) |
0 sources |
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$ 33.95
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This paper is a memorandum to the Secretary of Homeland Security analyzing the Office of Inspector General Reports investigating Waste Fraud and Abuse in the department. Each individual component of the department is reviewed, first by outlining the areas where waste fraud and abuse may occur by reviewing all previous OIG reports to Congress, and then by cataloging the recents events form the current OIG Report to Congress.
Tags:homeland, security, memorandum
The following paper will look at Aquinas' contribution to the modern-day philosophy of law. As much as anything, Aquinas may be credited with bringing Aristotelian logic to the philosophical exploration of the law. Beyond that, Aristotle articulated ...
Essay # 137848 |
1,250 words (
approx. 5 pages ) |
10 sources |
MLA |
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$ 25.95
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The following paper will look at Aquinas' contribution to the modern-day philosophy of law. As much as anything, Aquinas may be credited with bringing Aristotelian logic to the philosophical exploration of the law. Beyond that, Aristotle articulated - for medieval audiences - the notions of natural and divine law; while it may seem a small point, he really succeeded in bringing back into vogue the platonic notion that there were "ideal" forms - of which the law of God is surely one. Be that as it may (and it is rather confusing in many respects) Aquinas also brought into popularity the notion of positive law having a valence that was independent of whether or not it was under-girded by natural or divine law; in this regard, he may well have set the stage for the totalitarian excesses of the future (though that point should not be exaggerated or used to smear him). In any case, St. Thomas of Aquinas brought Aristotelian logic to the study of law and philosophy and may well have laid the foundation for modern legal positivism.
From the Paper
St. Thomas of Aquinas' Contribution to the Philosophy of Law The following paper will look at Aquinas' contribution to the modern-day philosophy of law. As much as anything, Aquinas may be credited with bringing Aristotelian logic to the philosophical exploration of the law. Beyond that, Aristotle articulated - for medieval audiences - the notions of natural and divine law; while it may seem a small point, he really succeeded in bringing back into vogue the platonic notion that there were "ideal" forms - of which the law of God is surely one. Be that as it may (and it is rather confusing in many respects) Aquinas also brought into popularity the notion of positive law having a valence that was
Tags:aquinas, philosophy, law
Discusses the similarities and differences between American law and Jewish law (the Halakha).
Comparison Essay # 69843 |
2,300 words (
approx. 9.2 pages ) |
10 sources |
APA | 2003
|
$ 42.95
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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
This paper is an in-depth look at Islamic law and how it frequently comes into conflict with international law and human rights.
Research Paper # 4467 |
2,800 words (
approx. 11.2 pages ) |
17 sources |
2000
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$ 50.95
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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.?
Tags:crime, criminal, islam, law, legal, muslim, religion, world, shi'ite, iccpr, united, nations
A discussion regarding the legalities involved in Contract Law and Tort Law.
Essay # 86431 |
900 words (
approx. 3.6 pages ) |
2 sources |
2005
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$ 19.95
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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."
Tags:contract, tort, law
This paper compares and contrasts common law and civil law.
Comparison Essay # 72305 |
1,808 words (
approx. 7.2 pages ) |
5 sources |
APA | 2005
|
$ 34.95
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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
Discusses a criminal law Public Law 104-132.
Essay # 69579 |
920 words (
approx. 3.7 pages ) |
2 sources |
APA | 2006
|
$ 19.95
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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
A paper about Megan's Law; laws concerning community notification if convicted sex offenders are being allowed to live in an affected community.
Research Paper # 2987 |
6,420 words (
approx. 25.7 pages ) |
80 sources |
1996
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$ 89.95
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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 specimens 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