Business Law Case Analysis Plaintiff: Panitia Penyelesaian Perselisihan Perburuhan Pusat (P4P) Defendant: PT. Bouraq Indonesia Airlines Case Background The defendant is an Airlines Company that had 900 employees. The economic crisis followed with monetary crisis gave bad effects to the defendant. They should decrease the number of their airplanes form 9 to 2 airplanes. They also had to do the efficiency on their employees to 700. On the efficiency process, there was an agreement between the
In this case the accused, Mr Cheatham stabbed his wife, three old year old daughter and three month old daughter numerous times. His wife and older daughter died from their wounds but skilled surgery managed to save the life of his three-month-old daughter. The prosecution would want to try the accused for two counts of murder (of his wife and older child) and one count of attempted murder (the younger child). However, the accused may be able to argue the defence of insanity, or in the alternative
comes to discuss English law, the fundamental point is known as case law, which means they do not have particular documents which describe and keep the law. Therefore, it is also called unwritten law, which is quite rare among western democratic countries. As mentioned, they do not have particular written document, though, there are still authority. There are eight sources of law, Case law, Acts of Parliament, Statutory Interpretation, Delegated Legislation, European law, Custom, Equity and Treaties
were involved in the Anderson v. McOskar Enterprises, Inc. case it is clear that Curves should not be accused of having an ambiguous release form, and that they should not be held liable for any type of negligence. Curves release of liability does not breach public policy and supports the defense that the release is not legally ambiguous. The district court made the correct decision by not holding Curves liable for any wrong doing in the case. Anderson signed and agreed to a release of Curves of their
Analysis of the Case Law "There is no prescribed constitutional relationship between the courts and the executive, but the judges assert their inherent power, derived from the rule of law, to review executive actions" The question starts off by giving us an element of the separation of powers when it says that there is no prescribed constitutional relationship between the courts and the executives. The
Case Law Nearly every aspect of law enforcement has a court decision that governs criteria. Most court rulings are the result of civil lawsuit towards a police officer and agency. However, currently, there is no law that mandates law enforcement driver training. When it comes to firearms, negligence by officers has resulted in a multitude of court rulings. Popow v. City of Margate, 1979, is a particularly interesting case that outlines failed firearms training by an agency. In this case, an
Two main sources of law in the common law system are statutes and judicial decisions. The UK’s law inherited from the authority of courts which developed over the centuries, following the ‘stare decisis’ doctrine which built the stability and certainty in the law. This law survived for over a thousand years even in the absence of the statutory regulations in some areas. However, the Parliament as the supreme law-making body has the power to override or change current case law through the legislation
Law has always been an interest of mine, and I believe that as it is such a broad and ever developing subject, which would be an incredibly fascinating subject to complete a degree in. Law has and always will be such a relevant necessity within society, modulating society by introducing justice, equality, and order. Family law, specifically, intrigues me, as it is a crucial area of law in which solicitors focus on helping families and trying to achieve the more beneficial solution, especially when
Antitrust Law Suit, Union and Conspiracy allegations Uber Technologies Inc. continues to battle with law suits regarding several issues in violation of the antitrust law. The question “who are Uber’s drivers (Gersham, 2016)?” have yet to be answered (Gersham, 2016). In California the class action suit on Uber’s driver status is still in question, “employees or independent contractors (Gersham, 2016). While in Manhattan there is an unusual antitrust case where the federal court is trying to answer
-Facts: -Issue: 4 Elements - Men's Rea= Criminal Intent - Actus Rea= Wrongful Act - Concurrence of the Act= -Theory of Law: -Conclusion: How they ruled the case · Mala in Se= Acts that are bad in itself, to be punished · Mala Prohibita= Acts that are made crimes by the State or Local Laws Loving V. Commonwealth of Virginia 388 U.S. 1 U.S. Supreme Court June 12, 1967 Facts: Two residents of Virginia, Mildred Jeter a colored woman and Richard Loving a white man
assess the importance of the rule of law in the UK constitution The rule of law, simply put, is a principle that no one is above the law. This means that there should be no leniency for a person because of peerage, sex, religion or financial standing. England and Wales do not have a written constitution therefore the Rule of Law, which along with the parliamentary Sovereignty was regarded by legal analyst A.C Dicey, as the pillars of the UK Constitution. The Rule of Law was said to be adopted as the “unwritten
between law and justice. To begin we must remember that the purpose of the rule of law in the first place is to control and compensate for human error in a general form. In doing so we recognize that people are going to break the laws and there will be repercussions for doing so. However, because humans are complicated there is not a formulated response to the outcomes. There are several factors that play into the end product of punishment. It’s not as simple as, everyone that breaks law x is punished
2- May 2014, HW assignment 1 Chapters 1-8 Due 13MAY2014 Ahmed Elbadawy 1) List the sources of law? Answer: law consists of many layers that interact together at different stages of government in order to support the personal rights, duties and describe the frame work of business, at the very base of these sources lays the constitutional law that can be simplified as the whole body of principals that describes the governmental structure and states the relationship between the people and their
TRADE MARK LAW IN USA Trademark is a word, symbol or phrase used for identifying a particular manufactures or seller’s products and distinguish them from other products. The overall purpose of Trademark law is to prevent unfair trade competitions by protecting the use of words, symbols logo design, name ect..Why because these are the key distinguishing things of goods and services of a firm. These laws protecting consumers by preventing firms and companies from using trademarks substantially similar
Presented are four separate cases that have been argued and settled in a court of law. Each of these cases represent a different kind of tort, a tort is a civil wrong or wrongful act, which can be either intentional or accidental, from which injury occurs to another (Hill & Hill n.d.). The torts are as listed, intentional, criminal, negligence, and liability as presented in the four researched cases. State Rubbish Collectors Ass’n v. Siliznoff When a person violates another person’s legal rights
MAE-EL 5020 School Law Unit 3 Quiz Joshua Shelton Please answer True and False questions with a supporting statement. 1. True or False – In a “pat-down” search, the administration should be conducted by either male or female and does not need a witness. False – the administration of the “pat down” should be conducted by a person of the same sex of the individual being searched. There should always be a witness when a search is being conducted. Having the witness protects both the student and
From the day I submitted my application to study law at Victoria University, my goal was to work in a commercial law firm. Particularly, I am drawn to the problem solving element required in any legal position. Commercial law adds an additional element of solving these legal problems in a manner which helps the client achieve a competitive edge in the market. I like this competition aspect of commercial law, and the challenge it offers to any commercial lawyer. Throughout my studies and life in
us human beings. However, there are other times that this benefit can cause problems for us which then involve the help of our legal system e.g. interference in the enjoyment of land, civil disputes on land, domestic disputes on land etc. In Land Law, the fundamental principle is that all the land in England and Wales is owned by the Crown i.e. the Monarchy and the most that anyone can own is an ‘estate’. An estate or an ‘estate in land’ refers to the rights that a person owns over how to control
it’s unethical, and if it’s legal, it is ethical. This is not always the case. As shown in Counsellor at Law, sometimes these categories do not overlap as initially thought. In Counsellor at Law, George Simon was faced with a decision as to whether he should lie and make up an alibi for his client, a younger man who swore he would straighten up, so the client could lead a better life, or let him go to prison (Counsellor At Law). He chose to make up an alibi for his client, so he would not go to jail
to be able to return to do business as before. This determination will be based on whether the operation Mr. Sahayko’s plant constitute a nuisance under the laws of Florida. There is no statute in the state of Florida covering the tort of private nuisance; nevertheless, common law provides sufficient precedence on the topic. Under the common law approach, we have to examine two factors; (1) The right of use of own property, and (2) the duty not to injure the property of another. Anything which annoys