Free Clauses Essays and Papers

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  • Confrontation Clause

    1515 Words  | 7 Pages

    accused are given many rights to a fair trial. One of those rights falls under the sixth amendment in the United States Constitution. The confrontation clause reads, “In all criminal prosecutions, the accused shall enjoy the right…to be confronted with the witnesses against him.” West’s Encyclopedia of American Law defines the confrontation clause as, “A fundamental right of a defendant in a criminal action to come face-to-face with an adverse witness in the court’s presence so the defendant has

  • confrontation clause

    655 Words  | 3 Pages

    The Confrontation Clause of the Sixth Amendment of the United States Constitution states, "In all criminal prosecutions, the accused shall enjoy the right to be confronted with the witnesses against him.” Throughout the years, this clause has been very controversial. In the 2004 case, Crawford vs. Washington; Michael Crawford and his wife, Sylvia Crawford had approached a man by the name of Kenneth Lee. There had been alleged allegations that Lee had tried to rape Mrs. Crawford. In the midst of the

  • Compare And Contrast Elastic Clause And The Commerce Clause

    1241 Words  | 5 Pages

    Throughout the course of time the elastic clause and the commerce clause has been utilized in court cases and arguments. With time the clauses have changed the fit into the change of society. As represented by various court cases. A variation of interpretations has been drawn out within the time frame of its establishment. A loose and strict interpretation has been implemented in the constitution depending on point of views. Although, the interpretation of the constitution is strictly restricted

  • Federal Supremacy Clause

    783 Words  | 4 Pages

    supreme law of the land. The Clause to mean that the states may not interfere with the functioning of the federal government and that federal laws prevails over an inconsistent state law. When some voted bills go into effect the supremacy clause will stand in place due to power over state and local laws. Supremacy Clause also was made to help when there are conflicts between federal government and state. Preemption is a process that dictates when the supremacy clause is and can be used and also when

  • Disadvantages Of Exclusion Clauses

    1647 Words  | 7 Pages

    talking about exclusion clauses and their liabilities in connection with the scenario. An exclusion clause is a type of exemption clause used in contracts. These types of clauses exclude a party’s liability completely but this can only happen in specific circumstances. Also when a party relies on an exclusion clause they must draft it properly. So exemption clauses are there to exempt the defendant from liability for certain breaches including negligence. Similarly a limitation clause seeks to limit the

  • Importance Of Title Clauses

    2444 Words  | 10 Pages

    of title clause could be. In reality, such clauses are now a far more scrutinised and difficult prospect for the unpaid seller looking for redress. Critically discuss The concept of a retention of title clause (hereinafter, referred to as ROT) can be traced back to late 19th Century in the case of McEntire v Crossley1. But it’s more well-known origins rest in the case of AIV v Romalpa2, so much so that ROT clauses are often known as ‘Romalpa clauses’. The incorporation of a ROT clause into a sale

  • Exclusion Clauses in Contracts

    1248 Words  | 5 Pages

    The exclusion clause is an important device for allocating the risks between the contractual parties. However, the exclusion clauses could mostly be found in written contracts, especially standard form of contracts. Standard form contracts with consumers are often contained in some printed ticket, or delivery note, or receipt, or similar document. In practice, it is very common that if a person wants the product, he may have no alternative but to accept the terms drawn up by the other party even

  • Analysis Of 'The Santa Clause'

    1199 Words  | 5 Pages

    In The Santa Clause, featuring Tim Allen as Scott Calvin, Santa Clause falls from the roof after being startled and vanishes, leaving behind the iconic red suit and black boots. Encouraged by his son, Calvin dons on the outfit and soon realizes that he is the new Santa Clause in town. He spends some time learning how to be Santa, putting on weight and growing a luscious white beard in the process. Concerned about Calvin’s so-called hallucinations about being Santa Clause, his ex-wife revokes

  • santa clause

    1192 Words  | 5 Pages

    Christmas, few people stop to think how it originated. Started as a pagan holiday during the time of Romans, it developed in to a Christian celebration dedicated for Christ. People in different age groups, both kids and adults, enjoy the season of Christmas. Christmas has been very big and an inspiring holiday for many families around the world for many centuries. Packed with busy shoppers, jingle bells, colorful lights and Santa Claus, Christmas is thought by many people to be “the most wonderful

  • Arbitration Clauses and Litigation

    780 Words  | 4 Pages

    Arbitration Clauses and Litigation More and more companies are including arbitrational clauses in their contracts. Whether it is in an employee application or an online selling website, arbitrational clauses are becoming abundant. But do these clauses hold up in the legal system? In the recent Paypal Corporation case, the arbitration clause was not enforced due to miniscule details such as clicking a mouse. The overruling of these clauses is becoming the norm as people are beginning to realize