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defamation Essay
By definition defamation is the act of injuring someone's character or reputation by false statements. Cases of defamation are only considered attacks
on if they are made in a vindictive or malicious manner. The person's name is considered not only personal but proprietary right of reputation.
Defamation is synonymous with the words libel and slander in terms of law. Defamation is a term that encompasses both libel and slander. Libel is a
term used to describe visual defamation; as in newspaper articles or misleading pictures. Slander describes defamation that you can hear, not see. It is
mostly oral statements that tarnish someone's reputation.
Defamation is used mainly in politically based arenas;...show more content...
A legal claim based on defamation entitles the victim to recover aginst the person making the defamatory remarks or their emotional damages. On top
of that the victim could be able to sue for punishment dammages. Defamation can be proved on a person's word alone. It is much more successful to
have some sort of evidence like a paper, article, an e–mail, etc. In a defamation case damages do not have to be proven during the testomony. The
plaintiff dose not have to testify that they were emotionaly destroyed or had to seek profesional help. The defamatory statement dose not have to
be published out side of a company or group of people. Internal attacks can also be concidered defamatory. Each repition of the remark can be
concidered a new attack. One of the biggest problems in proving defamation is that in some cases a person may have privlage to make the remarks.
During a judicial proceding absolute privlage is given. Even if the remark is false the it can not be concidered slanderous in that setting. The defamer
can make intentionaly untrue statements free of legal reprehension. A person with even a limited privlage such as an employer may still lose their
privlage if the statement is made with malicious intent and reckless disregard.
Due to the impact defamation has on certain groups of people the Anti–Defamation Leauge (ADL) has been established. It is an American organization
set up to fight
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My Dream Job: Being a Lawyer Essay examples
"The jury has made their decision, the plaintiff has been found guilty." These are the words that one day I will finally hear. My future goal is to be a
lawyer. A lawyer is a professional person authorized to practice law. They defend or prosecute people for the crimes they have committed.
(dictionary.com) I am very out spoken and believe in fighting for what I want or think is right.
Being a lawyer means that there are many responsibilities to carry out. It takes a great deal of timing and patience to finish the job,which I'm sure I
can handle. Being a lawyer can be a tough job to work on. All you have to do is work as much as you can to succeed on the case. A beginning lawyer
makes about $25,000–$128,000 a year. (Pasternak & Thornburg...show more content...
If you receive retirement, benefits in the form of pension or annuity payments from a qualified employer retirement plan. The amounts you receive may
be fully taxable or partly taxable. (www.lawyers.com)
An aspiring lawyer must enter law school and complete a Juris doctor program. However, before applying to law school, an undergraduate degree
must first be completed. In some places, a drug test is randomly completed. (www.lawyer.com) Lawyer's students set on a career in law need to
continue getting good grades in their university life, and not make the error of thinking that it is only the end–of–third–year exam performance that
counts. First and second–year exam results are taken into account by firms and chambers when considering applicants for work experience, as well as
training contracts/pupils. (www.aboutlawschools.org) Personally this is something I wouldn't need to adjust to being growing up my mom always
made sure I was on track with my school work.
Some skills are needed as stated in "The Criminal Justice Lawyer on page 1" it says "the ability to write high quality legal briefs that successfully
present the client's case". A lawyer needs to have a lot of knowledge of the law and the rights of the people. They should also know how to analyze
legal issues in light of the existing state of the law. (www.aboutlawschools.org) It is also important to know the road in which the law is headed, and
important policy
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Social Justice Essay
What is social justice and how does it relate to liberation theology? How do sin, love, grace, and human freedom affect social justice? What restricts
freedom and social justice? And how does all of this play a role in the Kingdom of God?
Social justice is a concept of a society in which every human being is treated justly, without discrimination based on financial status, race, gender,
ethnicity, etc. Grace is a gift from God that we don't deserve, which helps us choose the good, therefore it promotes social justice. On the other hand,
sin, which can be regarded as a lack of love and care for "others," distances us from social justice. Therefore, love and grace are essential aspects of
social justice and without them there could be...show more content...
For example, most laws promote an "eye–for–an–eye" type of legal system. This encourages people to retaliate or "get even" with others, which is
seen so often in America's lawsuit–happy citizens. This is obviously in contradiction to the ends of social justice, which promote love and brotherhood.
Social justice is not an "us versus them" mentality; rather it is a "were in it together" mentality where the powerful and powerless work together.
Obviously those who are in need are the poor and oppressed: women, African–Americans, Jews, Latin Americans, etc. However, due to the fact that
these people are in these oppressive situations, they gain insight into the injustices that surround them specifically, and society in general. Although
they are made poor by those in power and the structures, institutions, and organizations run by those in power, they still possess "strength to resist,
capacity to understand their rights, [and the ability] to organize themselves and transform a subhuman situation (Boff, 1)". The poor and oppressed are
held above the rich and powerful, in other words are given preferential treatment. Due to their oppression in life,
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Essay on Labour Law
Labour law also known as employment law deals with the body of laws, administrative rulings and precedents which addresses the legal rights of and
restrictions on working people and their organizations1. The direct function of labour law is that it deals with the rules governing employment
relationship. Labour law functions through the role accorded by common law, legislation and is helped also by the extra legal sources such as the
customs and collective bargaining. Labour law is divided in to two broad categories namely collective and individual labour law. Collective labour law
deals with the relationship concerning employer, employee and the trade unions, however the individual labour law deals with the rights of employees
contact and...show more content...
Regulation 13 of the working time regulation states that a worker is entitled to four weeks annual paid leave each year. So as the working time
regulation came in implementation another issue arose that was of the delay in implementation of the directive by the united kingdom and hence
the issue was weather it could be relied upon in between the intervening period. However the procedure of relying upon the directive is through the
process of vertical direct effect and it could only be relied upon when the deadline for the implementation of directive has passed. This question was
placed and answered in the case of Gibson v east riding of Yorkshire and it was stated that in order to be relied upon the directive has to be clear and
precise. Hence it was held that art 7 of the directive was not clear and precise as it did not clearly state the length of time required for a worker to work
in order to be eligible for the annual leave.
Further another issue which was brought up was the unauthorized deduction of wages by the employer. Sec 13 of the employment rights act 1996
states that claim for any unauthorized deduction by the employer can be made with in three months of the deduction and further sec 23(3) states that
the time limit for three months starts from the last unauthorized deduction made. However in the case of list design group v Douglas and other a
worker was allowed to bring claim for non payment of holiday pay by the employer over a two year period. It was
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Essay about Ethical And Legal Obligations
Ethical and Legal Obligations Ethical and legal obligations apply to all members of society. As one in society, the obligation to act in an ethical, law
abiding manner on a daily basis is vital to the integrity of daily life. Many professions have their own code of ethics. Financial reporting is not
exempt from such ethical and legal standards. One's lively hood depends on decisions made in the business world. Business transactions are done daily
and can impact one's economic stability. Trust is placed in the hands of corporate America and an obligation of financial reporting to reveal a complete
honest and legal picture of an entity's accounting practices is important in attaining trust. This paper will discuss the obligations of...show more content...
The mission of FASB is to "improve reporting, focus on traits that are important and reliable and on quality of comparison and consistency, to
keep up to date with current trends to reflect modifications in methods used and economic changes, and to improve the common understanding of
the purpose and content within financial report" (FASB, 2008). The FASB has an obligation to uphold ethical standards as well as to ensure rules
and regulations are followed in the way of financial reporting. The FASB uses input from other agencies when developing or amending standards
such as the SEC. Before the Great Crash of 1929, little was done to regulate the securities market (SEC, 2008). Two laws were created to help
improve investor confidence: "Securities Act of 1933 and Securities Exchange Act of 1934" (SEC, 2008). According to SEC (2008) the purpose of
these laws is to make sure companies display accurate data about their financial accounts, the securities that are sold and involved risks and for the
brokers who sell and trade to treat investors with respect by being fair and honest. A more recent law signed in by President Bush in 2002, was the
"Sarbanes–Oxley Act of 2002" (SEC, 2008). This act created changes in improving responsibility, disclosures and
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Social Work Law Essay
Social Work Law
This assignment involves a case study where Ralph, a fourteen year old boy, is currently in foster care because his mother; Kerry, felt she was
unable to control him due to his behaviour. However, Kerry has now expressed that she is unhappy with this foster placement and has requested that
her son be returned to live with her and his two younger brothers. The scenario becomes more complex owing to the fact that Ralph has disclosed that
his mother had regularly hit him with a walking stick. In this essay I will seek to consider the main practice issues raised by the scenario of the case
study. Using the materials provided within the course along with my own professional experience, I will outline relevant legislation...show more
content...
The Children Act 1989, section 47 states that the Local Authority must investigate if it has 'reasonable cause' to suspect that a child is suffering
significant harm. This is also known as a section 47 enquiry. Ralph says he has been the victim of physical abuse and that this was a reoccurring act.
As a social worker I would have to investigate this further. The questions I would want to find answers to would include; Are Ralph's siblings at risk
from experiencing similar physical abuse? Is Ralph at risk of suffering from physical abuse if he returns home to his mother? I would also want to look
further into the causes behind Ralph's truancy and why he has started to engage in anti–social behaviour. Could this be a result of a breakdown in his
relationship with his mother? Or are there problems with the home environment? When Ralph disclosed that his mother hit him with a stick, he said
that he did not want anyone else to know. With this we encounter a conflict of what Ralph wishes and the professional duty of the worker. When
working with young people it is important to make sure that they are aware of and understand the agency's confidentiality policy. As a social worker I
would explain to Ralph, within his level of understanding, that I will have to record some of the information he shares with me. However if he shares
information that suggests that himself
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Should the Death Penalty Be Legal? Essay
There is a lot of controversy about whether the death penalty should be legal or not. It is widely used, with only 18 out of the 50 states having
abolished it, but should it be permitted, regardless of the popularity of it? The answer is no. It should be abolished because it demeans life, is cruel,
prison is a better punishment, and it is not effective.
Steve Earle once said "My objection to the death penalty is based on the idea that this is a democracy, and in a democracy the government is me, and
if the government kills somebody then I'm killing somebody." The death penalty demeans life. It makes life seem like something that can just be
thrown away if you do something wrong, when in reality, it is something that should be carefully...show more content...
"There is no man so bad that he cannot be made good for something." says Jean–Jacques Rousseau in his book, The Social Contract. Everyone can
become a better person in some way or another. People make very bad decisions sometimes and there is nothing anyone can do to prevent that, but
once this happens, then, we can work it out with the person so that they realize that what they did is wrong and that they can do so much better. If
they are simply put to death, then there is no way for them to improve. Even if they live, and they do not improve in who they are, then we can all be
calm in knowing that they had the opportunity to. "The death penalty is the number one killer of killers." said Mokokoma Mokhonoana.
A prisoner's life consists of twenty–three hours per day in a tiny, empty concrete cell, with one hour of daily exercise in a small concrete swimming
pool; they have no access to other inmates, and only rare contact with guards, who say nothing to them; they can see nothing of the outside world
except a tiny sliver of sky. The death penalty as punishment is an unnecessary threat compared to the dullness of what prison life is like.
Finally, the death penalty is not effective. If it really and truly worked, there would be no more crime deservant of the death penalty. All of it would
have stopped when the death penalty was first legalized. If criminals feared death, they wouldn't commit the crime in the first
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The main reason why I wanted to study Law was the importance it takes in the world. Law builds civilization, protect fundamental rights and protect
ideas and inventions through patenting. Anyone can defend his or her right through the legal system. Law can bind an agreement to allow an aircraft
to fly from country A to country B. Law is continuously relevant in many context including banking, construction, sports, land, media, commerical,
human rights etc. And this excites me more, as it is very broad and in my perspective not going to be repetitive or dull. Law is of fundamental
importance to our country, as well as shaping our modern evolving society. I felt that doing a Law degree can be both satisfying and help society in the
future by...show more content...
This subject enhanced my organizational and presentation skills. Study skills project provide extensive knowledge in techniques for addressing
academic task as well as handle large amount of research information. Sociology develops understanding of society as a whole and it also revaluate
common assumptions that may not be true. I have acquired analytical, qualitative, evaluative and argumentative writing techniques from Sociology.
Humanities define human culture and enquiries the purpose of humanity. This has developed my evaluation skills to examine varies source materials.
English for academic purpose can enhance my writing and reading skills to an academic matter. In my leisure time, I like to play chess as it is
mentally challenging. I am a proactive sportsman and I have been playing first team rugby; which made me understand team–working skills and team
spirit. I have been to over 40 countries around the world. It is adventurous and brings a completely different aspect to life. I have also led a charity
football tournament this enhanced my time management. I have participated in debating club in which I learnt how to generative an argument
effectively. I was in the Student Union which I had tackle and solve problems. I regularly read the law section in the Telegraph and the Guardian. This
can allow me to get updated current affairs related to Law. I
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Law School Reflection
Before the A–S–3900 class started I had absolutely no clue about law school I just knew I wanted to be a lawyer. So far, this semester I have learned
that law school is hard to gain acceptance. I wasn't aware that the LSAT isn't based on your knowledge of the law. I've researched the law schools I
want to attend and their requirements, I will not let my fear stop me from being a lawyer. I also had the opportunity to take a practice exam, which
helped me figure out what areas I need to study before taking the actual test. A lot of the presenters were awesome, and the Michigan state presentation
changed my perspective on law school, the presenter made it seem like law school is an amazing place to be and anyone can make it. Although I fear
of a lot of debt and failure, I'm going to still pursue the career of a defense attorney.
I had no clue of what I was going to be learning this semester, but I had a clue of what I wanted to learn. I thought this class was about having mock
law classes and debates, but I'm happy that it wasn't because I was able to learn so many new and important things this semester. I have a different
perspective of law school after taking this course. While taking this course I learned how hard and important law school stands. Something that still
stands out in law school is the student's age range from 21+, I appreciate the diversity that is offered. Another thing that stood out was a lot of other
students didn't like this course, but it's effective, it will help you decide whether you want to go to law school. Making the decision to go to law school
is difficult and important, especially when it comes to the levies you have in order to apply for law school.
Honestly, before this course, I had never thought about why I wanted to go to law school or what pushed me into wanting this career, but when I
did, it made me think more about if I actually really want to go to law school. Since this course has started, I felt like I was out of place and I didn't
want to attend law school anymore. Although I shouldn't base my opinion on what others have encountered, I did. I heard law school was too difficult
for me to take on, but now I have done some thinking and I believe I should at least try to
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Essay on Justice
Essay on Justice
'Justice is such an elusive concept that it hardly seems worthwhile for a legal system to strive to achieve it'.
Justice is something that we all want from a Law and believe should be an integral part in any legal system. However, the meaning of Justice is very
difficult to define. There are many aspects of justice that we may question about; i.e. is a particular law just? Is the legal system just? Much of the
issue of justice is very controversial and raises questions such as whether the combination of Law and system produce a just result? Justice has a
definition as follows: 'The quality of being just or fair, the act of determining rights and assigning rewards or...show more content...
The logical extension of this view is that the Legal rules of a country can be broken if they do not conform to moral Laws, a view that was
favoured by St. Thomas Aquinas. This theory of Natural Law can be contrasted with Positivism. Natural lawyers conflict with positivist thinkers
who believe that if the Law is made according to correct procedure, then it should be followed however much it conflicts with morality. Positivists
like Kelsen argue that Law and morality are entirely separate concepts, and believes that justice is abstract, therefore it is has no concept in Law.
Kelsen also argued that the concept of justice is too vague to be defined and that even if law is immoral, it still should be followed. Austin's view
stems from the positivist argument that Law is Law because of sovereignty and procedures. Professor Hart also considers law and morality to be
separate. He believed that Law should be based on logical ideas that produce correct decisions from the rules. Durkheim, a sociologist, took the view
that society is held together 'a cohesion' and that the Law is an integral part of making these structures work. Kelsen's theory can be contrasted to LL
Fuller who favours the natural Law theory. Fuller took the example of the Nazi Law and condemned with their Legal system. He argued that Nazi
Law was not Law at all as it was so fundamentally unjust.
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Essay on Legal Forms of Business
An average person has an innovative plan to start a business. It begins with an idea but what should they do afterwards. If someone wants to start a
business they must ask themselves several questions. What is the size of the business? What level of control do they want to have? What are the
business risk and vulnerabilities? What are the initial startup expenses? All of these questions will help them decide which legal form of business
they should choose. As a legal form can have significant implications for your personal risk in the business as well as your potential for financial
returns (Page 6 of 17 – How to Incorporate | Inc.com. (n.d.). Retrieved from http://www.inc.com/how–to–incorporate/130). The three different types of
legal...show more content...
Sole proprietorship is a business with one owner. The owner is the business, and the business is the owner (We've got the Answers– Northwest Texas
Small Buiness...(n.d.). Retrieved from http:www.nwtsbdc.org/FAQ_Answers.htm). Sole proprietorship is the quickest and easiest way to start a
business. Having little to no financial assistance, sole proprietorship is the least expensive of the three business forms. The advantages of a sole
proprietorship are being your own boss, low start–up cost, and comprehensible legal setup. Business profits are not shared with anyone else since there
are no partners. One of the disadvantages of a sole proprietorship is unlimited liability meaning the owner is personally liable for all debts ensued.
It is also difficult to secure funds to expand the business if needed. A partnership is the same as a sole proprietorship except there is more than one
owner. Since there is more than one business owner, owners will share all profits and responsibility. The owner and their partners and business are
not separate entities. Personal liability is a considerable drawback to partnerships, because each owner is not a separate entity and is liable for all debt
and the other owner's actions. The start–up expenses are higher for a partnership than a sole proprietorship, due to legal fees needed to form a
partnership. Partners are also taxed as individuals on their personal tax returns. Partnership provides more
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Essay On Legal Advice
I am writing to you to seek some Legal advice for an issue that's been on–going for the last year and I now feel, enough is enough and I need to take
the most appropriate action and I am hoping you can help me, along the way. I can only apologise for the length of this Letter, but unfortunatelay, a
significant amount has taken place. I started a full–time contract with The Barker Baker Ltd, of which commenced on the 14th of February 2016,
originally I was a retail assistant when I joined, but within weeks, I was promoted to Assistant Manager. I felt my employment was an excellent
opportunity and I was honored with such responsibility. In April 2016, I was approached by the Owner of the Business and was asked, if I would like
to invest...show more content...
I was on sick for approximately 3 months and upon obtaining the sick notes, I submitted these to the Company, this I thought would be a stress–free
procedure, however, I received no Sick Pay at all and wasn't able to get any further information. This continued for several months and I simply
had enough, upon December 2016, I received a Solicitors letter, of whom is representing the Owner in question, this stated that an IVA has been
called in to take over all debt and will be in touch, in due course. At this stage, I was a little optimistic and thought I would let Legal take control of
this matter. Several months went by and I received no further response and I am still waiting for correspondence. I don't know if I am entitled to
know who the IVA is, but I certainly haven't been given any information and upon enquiring this, I was told by the owner that they will speak to
the IVA, but never received a reply. Ironically, it hasn't stopped and I have felt obliged to lend my boss further money, this resulted in me taking out
2 overdrafts and 4 credit cards. I don't know why I just feel like it's a good thing to do and it's helping somebody else. During my time at The Barker
Baker, I also obtained phone contracts in my name for the owner and her partner, of which payments are being missed. I have within the last few
months, stopped lending
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The Role of Paralegals in the Legal System Essay
Justice. It is something that everyone wants, something that we strive for, even something that sparks. However, when we think of lawyers, we think
of superheroes with an expensive education, walking into the courtroom and serving up justice. What no one thinks of is the person that helped the
lawyer get there, the paralegal that prepares the necessary documents, the paralegal that makes sure his or her attorney is at the right place at the right
time. A paralegal is crucial and in some cases vital to our justice system yet they are so often over looked.
To understand what a paralegal does we must first understand what the job of a lawyer entails. Black's Law Dictionary defines a lawyer as "a person
learned in the law; as an attorney,...show more content...
The next couple of hours were a whirlwind of this attorney going over the countless motions and discoveries that were in this relatively thick file.
With such short notice there was something that was vital to him "winning" this hearing, it was the criminal paralegal a couple of offices over. If it
were not for her meticulousness then the hearing would have been a disaster. I interviewed a couple of the paralegals at the Summit Law Firm and
one of them was Ana Lopez, the Criminal Case Manager, during the interview she emphasized the attention to detail that is needed to be a great
paralegal. Depending on where and in what field of the law one works in the number of cases that one handles can vary drastically. At the Summit Law
Firm the number of caseload is growing and with that comes the chance that something falls in between the cracks.
When a doctor performs surgery and leaves a scalpel or a sponge inside the patient chances are there is going to be a medical malpractice lawsuit,
although uncommon legal malpractice suits do exist. Sally Greer the Civil Case Manager for the Firm told me about the deadlines that cannot be
missed in civil cases like Personal Injury, Medical Malpractice, and Social Security. In a legal malpractice suit the client has to show that the attorney
was negligent and the lack of strategy on the attorney's part caused the harm to the client.
All of this boils down to a couple of vital attributes to a great
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Law as a Career: The lawyer 's role Quality and Education Requirements Today, more than ever before, the legal profession offers a unique
opportunities to dedicated individual to make a significant contribution to the society. This post is aimed at help you evaluate law as a career. It
should give you a clear understanding of what to expect in your educational path to a law degree and the very significant financial expenses
associated with obtaining a law degree. Working as a lawyer in society makes you a professional and an officer of the court, charged with the duty of
working within the frame work of the law, which is based upon federal and state constitutions, written legislations and judicial decisions issued by
competent courts. Take...show more content...
The qualities most desirable to be a good lawyer are dedication, motivation and the willingness to work for long hours. Other essential qualities are
centered on self–discipline, ability to communicate effectively, good and thorough acquaintance of the English language and the ability to write
clearly and concisely. Temperament is also vital because frequently it is necessary to work under pressure due to tight deadlines, having the patience
to spend several hours researching on a single point of law and to carefully analyze facts and organize them to create a persuasive argument. Patience
and understanding in listening to adversaries as well as to clients and witnesses is just as important. It's a myth that all lawyers spend time in a
courtroom. Some lawyers focus on writing letters and memorandums, others research legal issues and drafting contracts, deeds, wills, corporate
by–laws and legislations; and others counsel, mediate, negotiate, etc. If you would be interested in a career as a trial lawyer, you need the ability to
think swiftly on your feet, speak extemporaneously and with authority in public, to be detail–oriented and to understand courtroom strategies. A law
career may provide you an opportunity to earn substantial income and can lead to an influential position and authority. Often a lawyer 's greatest
satisfaction comes through the genuine desire to help people in trouble, giving them assurance that their legal rights will be protected. Required type
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The Justice System Essay
The Justice System
Looking into criminal justice procedure, many administrations are at work. Starting with the police, to the courts and concluding in corrections.
Though all these sectors have different tasks, their combined focus is processing the law. Regardless what the process is called criminal justice will
continue to serve with discretion, conviction, and correction. When first presented with the question whether criminal justice is a system, non–system,
and network I leaned toward a network. Throughout our discussions, lectures, and readings I felt the process presented itself as a network. Intertwined
divisions working for a common goal. Further into my research and help from Webster, I decided that the criminal justice...show more content...
These departments involve everyone throughout the sequence of events in the criminal justice system including lawyers, judges, police, criminals,
victims, and the society in which this occurs. Every action and repercussion is seen and felt by all involved in a particular case. This is why all of
these players in the game of law depend on the actions and results of one another.
This dependency arises from numerous situations and circumstances. The police depend on convictions from the court to see results for their job. Each
sector must rely on the outcome of trial cases to proceed. Plea–bargaining is a great example. Three or more parties are involved, the prosecutor and
defense attorneys must present the best and most reasonable deal, from their perspective, and the defendant must agree to the terms. In some cases a
judge can be a contributing factor. Society is the most dependent and most critical, always keeping the department on its toes. Dependency in this case
does have its benefits. It provides the system with a check and balance system.
Considering again Cohn's arguments that the criminal justice process should not be defined as a system he makes some strong points, that have strong
counter points. In short he states this process is a continuum through which each offender passes, from the police, to the courts, into prison and then
back onto the streets. He quotes
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In this essay we will discuss the process of legal research, writing, and analysis. The subject matter will be presented in a clear, concise and objective
manner. The textbook that we will be referencing is "Gilbert Law Summaries: Legal Research, Writing, and Analysis" 10th ed, BarBri Group, 2006.
The US court system consists of a trial court, an appellate court, and a supreme or high court. The trial court is the first to hear the facts of a case and
has original jurisdiction. The appellate court hears cases whose resolution is disputed by the losing party in the trial court. The supreme or high court
hears cases whose outcome is disputed by the losing party in the appellate court. The supreme or high court chooses which cases warrant...show more
content...
A reporter can be published officially or unofficially. Official reporters are those that are authorized to be published by the government. Unofficial
reporters are published by private companies. Thompson West company is the primary reporter for federal and state cases. Supreme Court cases are
recorded officially in the "United States Reports." Unofficially, federal cases are reported in the "Supreme Court Reporter," "United States Supreme
Court Reports, Lawyer's Edition," and the "United States Law Week." Advance sheets supplement the reporters with recent case information. The
federal appellate court has no official reporter. Federal appellate decisions can be found in the "Federal Reporter" and prior to 1880 in "Federal
Cases." The "Federal Supplement" publishes federal district court decisions. Some specialty courts publish official reporters. Courts that deal with
bankruptcy, federal rules or military law (among others) have unofficial reporters. State case reporters are mostly unofficial. Most use Thompson West'
s regional reporter which includes advance sheets.
Headnotes are summaries of cases setting forth principles of law. In the Thompson West system similar points of law are indicated by a key number
that will match another key number to cases with similar points of law. Remember that headnotes are dicta and not precedent. Make sure you read each
case if you have any uncertainty while reading the headnotes. Looseleaf materials are published
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The Importance Of Legal Language In Law
The law is important for both the rules it creates as well as the specific language that it uses. The law is extremely important for our society
because it keeps our society running and it also acts, as guidance as to what is acceptable. Without the law, there would be so many conflicts. Two
examples where the linguistic choices in legal opinions or statutes have significance beyond merely their articulation of legal rules are seen in the
case of Hawkins v. McGee with the "machine metaphor" and the case of Miller v. CA involving obscenity laws. Undoubtedly, with something as
serious as the law, many would believe that communication through legal language should be unambiguous and to the point; however, legal
language can be complicated and ambiguous with the use of different metaphors and analogies that can have significance beyond their literal
meanings. In Hawkins v. McGee, author Alan Hyde of Bodies of Law, says that the description of the body as a "machine" is not really important in
contract law doctrine, but he says that exploring the "machine metaphor" in law is still intellectually useful. Hawkins had ruined his hand in an
industrial incident and was a patient of Dr. McGee. Dr. McGee promised to fix his hand and perfect it again like it normally was. However, the hand
turned out worse than it was before the surgery. Thus, Dr. McGee may have overpromised. The legal issue was that the court was being asked to
decide whether it was negligence and if the promise could
Get more content on HelpWriting.net
A Career As A Legal Assistant Essay
I often wish that I could spend more time on campus than at work, however, like most students, I work two jobs to pay bills and tuition. Fortunately, I
have been blessed with the opportunity to work in the legal field, which has become an invaluable supplement to my education as I pursue a BA in
Legal Studies. I have taken advantage of this opportunity to further develop my skills and experience by taking on new, challenging tasks beyond my
assigned duties. For example, in addition to my administrative assignments, I have been tasked with preparing motions, subpoenas, and briefs with
minimal supervision–all tasks which are typically delegated to paralegals, as opposed to legal assistants. I am very grateful to have this opportunity to
gain...show more content...
In addition, I have passed two other state exams to become licensed to sell property, casualty, health, and life insurance. Furthermore, I am currently
studying to pass the optional Insurance Studies program offered by employer which provides associates with the opportunity to develop and improve
insurance–related professional qualifications. To further achieve my educational objectives, I recently interviewed with the UAA Justice
Department in hopes of being selected to serve as a Student Research Assistant. The person selected for the position will assist with a major policy
analysis research project funded by the State of Alaska. This is an incredibly valuable opportunity because it involves utilizing Westlaw, which is
one of the two primary legal research engines for lawyers and other legal professionals in the United States. If selected for this position, I will not
only be able to further develop my research skills and ability to work in Westlaw–which is a highly sought after skill in the legal profession– but I will
also be able to do my job as a legal professional competently and efficiently. The ability to perform in the legal field competently and efficiently are
two of
Get more content on HelpWriting.net
Legal Methods, Research And Writing Essay
To be successful in law whether studying or practicing the profession Legal methods, research and writing is a major necessity for those in the
legal field. It is nearly impossible to study or practice law without the basic knowledge of legal methods, research and writing. This essay examines
the importance of Legal methods, research and whether in school or outside in the legal profession. The first reason we need legal methods,
research and writing is that it will help us to write essays well and helps students to answer questions efficiently and assist to work toward their
careers. Second, Law students and lawyer/paralegals need to know how do proper legal research which is very vital. Third, it prepares us for our
career in law in general out in the real world. It is highly impossible to continue a law program without legal methods, research and writing. To
answer questions efficiently and effectively we need to follow methods of how to answer our questions. Whether it be basic essay format or the
IRAC method in law which are just creative writing techniques to clarify our point to get across. The research helped us to find cases that will assist
in our essay writings for essays and problem questions and the writing is gone over in the course so that the students know how to write better than
high school level and providing a decent response to the professor. There's many reasons why legal methods, research and writing is important though
the first reason as a law
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Defamation Essay

  • 1. defamation Essay By definition defamation is the act of injuring someone's character or reputation by false statements. Cases of defamation are only considered attacks on if they are made in a vindictive or malicious manner. The person's name is considered not only personal but proprietary right of reputation. Defamation is synonymous with the words libel and slander in terms of law. Defamation is a term that encompasses both libel and slander. Libel is a term used to describe visual defamation; as in newspaper articles or misleading pictures. Slander describes defamation that you can hear, not see. It is mostly oral statements that tarnish someone's reputation. Defamation is used mainly in politically based arenas;...show more content... A legal claim based on defamation entitles the victim to recover aginst the person making the defamatory remarks or their emotional damages. On top of that the victim could be able to sue for punishment dammages. Defamation can be proved on a person's word alone. It is much more successful to have some sort of evidence like a paper, article, an e–mail, etc. In a defamation case damages do not have to be proven during the testomony. The plaintiff dose not have to testify that they were emotionaly destroyed or had to seek profesional help. The defamatory statement dose not have to be published out side of a company or group of people. Internal attacks can also be concidered defamatory. Each repition of the remark can be concidered a new attack. One of the biggest problems in proving defamation is that in some cases a person may have privlage to make the remarks. During a judicial proceding absolute privlage is given. Even if the remark is false the it can not be concidered slanderous in that setting. The defamer can make intentionaly untrue statements free of legal reprehension. A person with even a limited privlage such as an employer may still lose their privlage if the statement is made with malicious intent and reckless disregard. Due to the impact defamation has on certain groups of people the Anti–Defamation Leauge (ADL) has been established. It is an American organization set up to fight Get more content on HelpWriting.net
  • 2. My Dream Job: Being a Lawyer Essay examples "The jury has made their decision, the plaintiff has been found guilty." These are the words that one day I will finally hear. My future goal is to be a lawyer. A lawyer is a professional person authorized to practice law. They defend or prosecute people for the crimes they have committed. (dictionary.com) I am very out spoken and believe in fighting for what I want or think is right. Being a lawyer means that there are many responsibilities to carry out. It takes a great deal of timing and patience to finish the job,which I'm sure I can handle. Being a lawyer can be a tough job to work on. All you have to do is work as much as you can to succeed on the case. A beginning lawyer makes about $25,000–$128,000 a year. (Pasternak & Thornburg...show more content... If you receive retirement, benefits in the form of pension or annuity payments from a qualified employer retirement plan. The amounts you receive may be fully taxable or partly taxable. (www.lawyers.com) An aspiring lawyer must enter law school and complete a Juris doctor program. However, before applying to law school, an undergraduate degree must first be completed. In some places, a drug test is randomly completed. (www.lawyer.com) Lawyer's students set on a career in law need to continue getting good grades in their university life, and not make the error of thinking that it is only the end–of–third–year exam performance that counts. First and second–year exam results are taken into account by firms and chambers when considering applicants for work experience, as well as training contracts/pupils. (www.aboutlawschools.org) Personally this is something I wouldn't need to adjust to being growing up my mom always made sure I was on track with my school work. Some skills are needed as stated in "The Criminal Justice Lawyer on page 1" it says "the ability to write high quality legal briefs that successfully present the client's case". A lawyer needs to have a lot of knowledge of the law and the rights of the people. They should also know how to analyze legal issues in light of the existing state of the law. (www.aboutlawschools.org) It is also important to know the road in which the law is headed, and important policy Get more content on HelpWriting.net
  • 3. Social Justice Essay What is social justice and how does it relate to liberation theology? How do sin, love, grace, and human freedom affect social justice? What restricts freedom and social justice? And how does all of this play a role in the Kingdom of God? Social justice is a concept of a society in which every human being is treated justly, without discrimination based on financial status, race, gender, ethnicity, etc. Grace is a gift from God that we don't deserve, which helps us choose the good, therefore it promotes social justice. On the other hand, sin, which can be regarded as a lack of love and care for "others," distances us from social justice. Therefore, love and grace are essential aspects of social justice and without them there could be...show more content... For example, most laws promote an "eye–for–an–eye" type of legal system. This encourages people to retaliate or "get even" with others, which is seen so often in America's lawsuit–happy citizens. This is obviously in contradiction to the ends of social justice, which promote love and brotherhood. Social justice is not an "us versus them" mentality; rather it is a "were in it together" mentality where the powerful and powerless work together. Obviously those who are in need are the poor and oppressed: women, African–Americans, Jews, Latin Americans, etc. However, due to the fact that these people are in these oppressive situations, they gain insight into the injustices that surround them specifically, and society in general. Although they are made poor by those in power and the structures, institutions, and organizations run by those in power, they still possess "strength to resist, capacity to understand their rights, [and the ability] to organize themselves and transform a subhuman situation (Boff, 1)". The poor and oppressed are held above the rich and powerful, in other words are given preferential treatment. Due to their oppression in life, Get more content on HelpWriting.net
  • 4. Essay on Labour Law Labour law also known as employment law deals with the body of laws, administrative rulings and precedents which addresses the legal rights of and restrictions on working people and their organizations1. The direct function of labour law is that it deals with the rules governing employment relationship. Labour law functions through the role accorded by common law, legislation and is helped also by the extra legal sources such as the customs and collective bargaining. Labour law is divided in to two broad categories namely collective and individual labour law. Collective labour law deals with the relationship concerning employer, employee and the trade unions, however the individual labour law deals with the rights of employees contact and...show more content... Regulation 13 of the working time regulation states that a worker is entitled to four weeks annual paid leave each year. So as the working time regulation came in implementation another issue arose that was of the delay in implementation of the directive by the united kingdom and hence the issue was weather it could be relied upon in between the intervening period. However the procedure of relying upon the directive is through the process of vertical direct effect and it could only be relied upon when the deadline for the implementation of directive has passed. This question was placed and answered in the case of Gibson v east riding of Yorkshire and it was stated that in order to be relied upon the directive has to be clear and precise. Hence it was held that art 7 of the directive was not clear and precise as it did not clearly state the length of time required for a worker to work in order to be eligible for the annual leave. Further another issue which was brought up was the unauthorized deduction of wages by the employer. Sec 13 of the employment rights act 1996 states that claim for any unauthorized deduction by the employer can be made with in three months of the deduction and further sec 23(3) states that the time limit for three months starts from the last unauthorized deduction made. However in the case of list design group v Douglas and other a worker was allowed to bring claim for non payment of holiday pay by the employer over a two year period. It was Get more content on HelpWriting.net
  • 5. Essay about Ethical And Legal Obligations Ethical and Legal Obligations Ethical and legal obligations apply to all members of society. As one in society, the obligation to act in an ethical, law abiding manner on a daily basis is vital to the integrity of daily life. Many professions have their own code of ethics. Financial reporting is not exempt from such ethical and legal standards. One's lively hood depends on decisions made in the business world. Business transactions are done daily and can impact one's economic stability. Trust is placed in the hands of corporate America and an obligation of financial reporting to reveal a complete honest and legal picture of an entity's accounting practices is important in attaining trust. This paper will discuss the obligations of...show more content... The mission of FASB is to "improve reporting, focus on traits that are important and reliable and on quality of comparison and consistency, to keep up to date with current trends to reflect modifications in methods used and economic changes, and to improve the common understanding of the purpose and content within financial report" (FASB, 2008). The FASB has an obligation to uphold ethical standards as well as to ensure rules and regulations are followed in the way of financial reporting. The FASB uses input from other agencies when developing or amending standards such as the SEC. Before the Great Crash of 1929, little was done to regulate the securities market (SEC, 2008). Two laws were created to help improve investor confidence: "Securities Act of 1933 and Securities Exchange Act of 1934" (SEC, 2008). According to SEC (2008) the purpose of these laws is to make sure companies display accurate data about their financial accounts, the securities that are sold and involved risks and for the brokers who sell and trade to treat investors with respect by being fair and honest. A more recent law signed in by President Bush in 2002, was the "Sarbanes–Oxley Act of 2002" (SEC, 2008). This act created changes in improving responsibility, disclosures and Get more content on HelpWriting.net
  • 6. Social Work Law Essay Social Work Law This assignment involves a case study where Ralph, a fourteen year old boy, is currently in foster care because his mother; Kerry, felt she was unable to control him due to his behaviour. However, Kerry has now expressed that she is unhappy with this foster placement and has requested that her son be returned to live with her and his two younger brothers. The scenario becomes more complex owing to the fact that Ralph has disclosed that his mother had regularly hit him with a walking stick. In this essay I will seek to consider the main practice issues raised by the scenario of the case study. Using the materials provided within the course along with my own professional experience, I will outline relevant legislation...show more content... The Children Act 1989, section 47 states that the Local Authority must investigate if it has 'reasonable cause' to suspect that a child is suffering significant harm. This is also known as a section 47 enquiry. Ralph says he has been the victim of physical abuse and that this was a reoccurring act. As a social worker I would have to investigate this further. The questions I would want to find answers to would include; Are Ralph's siblings at risk from experiencing similar physical abuse? Is Ralph at risk of suffering from physical abuse if he returns home to his mother? I would also want to look further into the causes behind Ralph's truancy and why he has started to engage in anti–social behaviour. Could this be a result of a breakdown in his relationship with his mother? Or are there problems with the home environment? When Ralph disclosed that his mother hit him with a stick, he said that he did not want anyone else to know. With this we encounter a conflict of what Ralph wishes and the professional duty of the worker. When working with young people it is important to make sure that they are aware of and understand the agency's confidentiality policy. As a social worker I would explain to Ralph, within his level of understanding, that I will have to record some of the information he shares with me. However if he shares information that suggests that himself Get more content on HelpWriting.net
  • 7. Should the Death Penalty Be Legal? Essay There is a lot of controversy about whether the death penalty should be legal or not. It is widely used, with only 18 out of the 50 states having abolished it, but should it be permitted, regardless of the popularity of it? The answer is no. It should be abolished because it demeans life, is cruel, prison is a better punishment, and it is not effective. Steve Earle once said "My objection to the death penalty is based on the idea that this is a democracy, and in a democracy the government is me, and if the government kills somebody then I'm killing somebody." The death penalty demeans life. It makes life seem like something that can just be thrown away if you do something wrong, when in reality, it is something that should be carefully...show more content... "There is no man so bad that he cannot be made good for something." says Jean–Jacques Rousseau in his book, The Social Contract. Everyone can become a better person in some way or another. People make very bad decisions sometimes and there is nothing anyone can do to prevent that, but once this happens, then, we can work it out with the person so that they realize that what they did is wrong and that they can do so much better. If they are simply put to death, then there is no way for them to improve. Even if they live, and they do not improve in who they are, then we can all be calm in knowing that they had the opportunity to. "The death penalty is the number one killer of killers." said Mokokoma Mokhonoana. A prisoner's life consists of twenty–three hours per day in a tiny, empty concrete cell, with one hour of daily exercise in a small concrete swimming pool; they have no access to other inmates, and only rare contact with guards, who say nothing to them; they can see nothing of the outside world except a tiny sliver of sky. The death penalty as punishment is an unnecessary threat compared to the dullness of what prison life is like. Finally, the death penalty is not effective. If it really and truly worked, there would be no more crime deservant of the death penalty. All of it would have stopped when the death penalty was first legalized. If criminals feared death, they wouldn't commit the crime in the first Get more content on HelpWriting.net
  • 8. The main reason why I wanted to study Law was the importance it takes in the world. Law builds civilization, protect fundamental rights and protect ideas and inventions through patenting. Anyone can defend his or her right through the legal system. Law can bind an agreement to allow an aircraft to fly from country A to country B. Law is continuously relevant in many context including banking, construction, sports, land, media, commerical, human rights etc. And this excites me more, as it is very broad and in my perspective not going to be repetitive or dull. Law is of fundamental importance to our country, as well as shaping our modern evolving society. I felt that doing a Law degree can be both satisfying and help society in the future by...show more content... This subject enhanced my organizational and presentation skills. Study skills project provide extensive knowledge in techniques for addressing academic task as well as handle large amount of research information. Sociology develops understanding of society as a whole and it also revaluate common assumptions that may not be true. I have acquired analytical, qualitative, evaluative and argumentative writing techniques from Sociology. Humanities define human culture and enquiries the purpose of humanity. This has developed my evaluation skills to examine varies source materials. English for academic purpose can enhance my writing and reading skills to an academic matter. In my leisure time, I like to play chess as it is mentally challenging. I am a proactive sportsman and I have been playing first team rugby; which made me understand team–working skills and team spirit. I have been to over 40 countries around the world. It is adventurous and brings a completely different aspect to life. I have also led a charity football tournament this enhanced my time management. I have participated in debating club in which I learnt how to generative an argument effectively. I was in the Student Union which I had tackle and solve problems. I regularly read the law section in the Telegraph and the Guardian. This can allow me to get updated current affairs related to Law. I Get more content on HelpWriting.net
  • 9. Law School Reflection Before the A–S–3900 class started I had absolutely no clue about law school I just knew I wanted to be a lawyer. So far, this semester I have learned that law school is hard to gain acceptance. I wasn't aware that the LSAT isn't based on your knowledge of the law. I've researched the law schools I want to attend and their requirements, I will not let my fear stop me from being a lawyer. I also had the opportunity to take a practice exam, which helped me figure out what areas I need to study before taking the actual test. A lot of the presenters were awesome, and the Michigan state presentation changed my perspective on law school, the presenter made it seem like law school is an amazing place to be and anyone can make it. Although I fear of a lot of debt and failure, I'm going to still pursue the career of a defense attorney. I had no clue of what I was going to be learning this semester, but I had a clue of what I wanted to learn. I thought this class was about having mock law classes and debates, but I'm happy that it wasn't because I was able to learn so many new and important things this semester. I have a different perspective of law school after taking this course. While taking this course I learned how hard and important law school stands. Something that still stands out in law school is the student's age range from 21+, I appreciate the diversity that is offered. Another thing that stood out was a lot of other students didn't like this course, but it's effective, it will help you decide whether you want to go to law school. Making the decision to go to law school is difficult and important, especially when it comes to the levies you have in order to apply for law school. Honestly, before this course, I had never thought about why I wanted to go to law school or what pushed me into wanting this career, but when I did, it made me think more about if I actually really want to go to law school. Since this course has started, I felt like I was out of place and I didn't want to attend law school anymore. Although I shouldn't base my opinion on what others have encountered, I did. I heard law school was too difficult for me to take on, but now I have done some thinking and I believe I should at least try to Get more content on HelpWriting.net
  • 10. Essay on Justice Essay on Justice 'Justice is such an elusive concept that it hardly seems worthwhile for a legal system to strive to achieve it'. Justice is something that we all want from a Law and believe should be an integral part in any legal system. However, the meaning of Justice is very difficult to define. There are many aspects of justice that we may question about; i.e. is a particular law just? Is the legal system just? Much of the issue of justice is very controversial and raises questions such as whether the combination of Law and system produce a just result? Justice has a definition as follows: 'The quality of being just or fair, the act of determining rights and assigning rewards or...show more content... The logical extension of this view is that the Legal rules of a country can be broken if they do not conform to moral Laws, a view that was favoured by St. Thomas Aquinas. This theory of Natural Law can be contrasted with Positivism. Natural lawyers conflict with positivist thinkers who believe that if the Law is made according to correct procedure, then it should be followed however much it conflicts with morality. Positivists like Kelsen argue that Law and morality are entirely separate concepts, and believes that justice is abstract, therefore it is has no concept in Law. Kelsen also argued that the concept of justice is too vague to be defined and that even if law is immoral, it still should be followed. Austin's view stems from the positivist argument that Law is Law because of sovereignty and procedures. Professor Hart also considers law and morality to be separate. He believed that Law should be based on logical ideas that produce correct decisions from the rules. Durkheim, a sociologist, took the view that society is held together 'a cohesion' and that the Law is an integral part of making these structures work. Kelsen's theory can be contrasted to LL Fuller who favours the natural Law theory. Fuller took the example of the Nazi Law and condemned with their Legal system. He argued that Nazi Law was not Law at all as it was so fundamentally unjust. Get more content on HelpWriting.net
  • 11. Essay on Legal Forms of Business An average person has an innovative plan to start a business. It begins with an idea but what should they do afterwards. If someone wants to start a business they must ask themselves several questions. What is the size of the business? What level of control do they want to have? What are the business risk and vulnerabilities? What are the initial startup expenses? All of these questions will help them decide which legal form of business they should choose. As a legal form can have significant implications for your personal risk in the business as well as your potential for financial returns (Page 6 of 17 – How to Incorporate | Inc.com. (n.d.). Retrieved from http://www.inc.com/how–to–incorporate/130). The three different types of legal...show more content... Sole proprietorship is a business with one owner. The owner is the business, and the business is the owner (We've got the Answers– Northwest Texas Small Buiness...(n.d.). Retrieved from http:www.nwtsbdc.org/FAQ_Answers.htm). Sole proprietorship is the quickest and easiest way to start a business. Having little to no financial assistance, sole proprietorship is the least expensive of the three business forms. The advantages of a sole proprietorship are being your own boss, low start–up cost, and comprehensible legal setup. Business profits are not shared with anyone else since there are no partners. One of the disadvantages of a sole proprietorship is unlimited liability meaning the owner is personally liable for all debts ensued. It is also difficult to secure funds to expand the business if needed. A partnership is the same as a sole proprietorship except there is more than one owner. Since there is more than one business owner, owners will share all profits and responsibility. The owner and their partners and business are not separate entities. Personal liability is a considerable drawback to partnerships, because each owner is not a separate entity and is liable for all debt and the other owner's actions. The start–up expenses are higher for a partnership than a sole proprietorship, due to legal fees needed to form a partnership. Partners are also taxed as individuals on their personal tax returns. Partnership provides more Get more content on HelpWriting.net
  • 12. Essay On Legal Advice I am writing to you to seek some Legal advice for an issue that's been on–going for the last year and I now feel, enough is enough and I need to take the most appropriate action and I am hoping you can help me, along the way. I can only apologise for the length of this Letter, but unfortunatelay, a significant amount has taken place. I started a full–time contract with The Barker Baker Ltd, of which commenced on the 14th of February 2016, originally I was a retail assistant when I joined, but within weeks, I was promoted to Assistant Manager. I felt my employment was an excellent opportunity and I was honored with such responsibility. In April 2016, I was approached by the Owner of the Business and was asked, if I would like to invest...show more content... I was on sick for approximately 3 months and upon obtaining the sick notes, I submitted these to the Company, this I thought would be a stress–free procedure, however, I received no Sick Pay at all and wasn't able to get any further information. This continued for several months and I simply had enough, upon December 2016, I received a Solicitors letter, of whom is representing the Owner in question, this stated that an IVA has been called in to take over all debt and will be in touch, in due course. At this stage, I was a little optimistic and thought I would let Legal take control of this matter. Several months went by and I received no further response and I am still waiting for correspondence. I don't know if I am entitled to know who the IVA is, but I certainly haven't been given any information and upon enquiring this, I was told by the owner that they will speak to the IVA, but never received a reply. Ironically, it hasn't stopped and I have felt obliged to lend my boss further money, this resulted in me taking out 2 overdrafts and 4 credit cards. I don't know why I just feel like it's a good thing to do and it's helping somebody else. During my time at The Barker Baker, I also obtained phone contracts in my name for the owner and her partner, of which payments are being missed. I have within the last few months, stopped lending Get more content on HelpWriting.net
  • 13. The Role of Paralegals in the Legal System Essay Justice. It is something that everyone wants, something that we strive for, even something that sparks. However, when we think of lawyers, we think of superheroes with an expensive education, walking into the courtroom and serving up justice. What no one thinks of is the person that helped the lawyer get there, the paralegal that prepares the necessary documents, the paralegal that makes sure his or her attorney is at the right place at the right time. A paralegal is crucial and in some cases vital to our justice system yet they are so often over looked. To understand what a paralegal does we must first understand what the job of a lawyer entails. Black's Law Dictionary defines a lawyer as "a person learned in the law; as an attorney,...show more content... The next couple of hours were a whirlwind of this attorney going over the countless motions and discoveries that were in this relatively thick file. With such short notice there was something that was vital to him "winning" this hearing, it was the criminal paralegal a couple of offices over. If it were not for her meticulousness then the hearing would have been a disaster. I interviewed a couple of the paralegals at the Summit Law Firm and one of them was Ana Lopez, the Criminal Case Manager, during the interview she emphasized the attention to detail that is needed to be a great paralegal. Depending on where and in what field of the law one works in the number of cases that one handles can vary drastically. At the Summit Law Firm the number of caseload is growing and with that comes the chance that something falls in between the cracks. When a doctor performs surgery and leaves a scalpel or a sponge inside the patient chances are there is going to be a medical malpractice lawsuit, although uncommon legal malpractice suits do exist. Sally Greer the Civil Case Manager for the Firm told me about the deadlines that cannot be missed in civil cases like Personal Injury, Medical Malpractice, and Social Security. In a legal malpractice suit the client has to show that the attorney was negligent and the lack of strategy on the attorney's part caused the harm to the client. All of this boils down to a couple of vital attributes to a great Get more content on HelpWriting.net
  • 14. Law as a Career: The lawyer 's role Quality and Education Requirements Today, more than ever before, the legal profession offers a unique opportunities to dedicated individual to make a signiп¬Ѓcant contribution to the society. This post is aimed at help you evaluate law as a career. It should give you a clear understanding of what to expect in your educational path to a law degree and the very signiп¬Ѓcant п¬Ѓnancial expenses associated with obtaining a law degree. Working as a lawyer in society makes you a professional and an ofп¬Ѓcer of the court, charged with the duty of working within the frame work of the law, which is based upon federal and state constitutions, written legislations and judicial decisions issued by competent courts. Take...show more content... The qualities most desirable to be a good lawyer are dedication, motivation and the willingness to work for long hours. Other essential qualities are centered on self–discipline, ability to communicate effectively, good and thorough acquaintance of the English language and the ability to write clearly and concisely. Temperament is also vital because frequently it is necessary to work under pressure due to tight deadlines, having the patience to spend several hours researching on a single point of law and to carefully analyze facts and organize them to create a persuasive argument. Patience and understanding in listening to adversaries as well as to clients and witnesses is just as important. It's a myth that all lawyers spend time in a courtroom. Some lawyers focus on writing letters and memorandums, others research legal issues and drafting contracts, deeds, wills, corporate by–laws and legislations; and others counsel, mediate, negotiate, etc. If you would be interested in a career as a trial lawyer, you need the ability to think swiftly on your feet, speak extemporaneously and with authority in public, to be detail–oriented and to understand courtroom strategies. A law career may provide you an opportunity to earn substantial income and can lead to an influential position and authority. Often a lawyer 's greatest satisfaction comes through the genuine desire to help people in trouble, giving them assurance that their legal rights will be protected. Required type Get more content on HelpWriting.net
  • 15. The Justice System Essay The Justice System Looking into criminal justice procedure, many administrations are at work. Starting with the police, to the courts and concluding in corrections. Though all these sectors have different tasks, their combined focus is processing the law. Regardless what the process is called criminal justice will continue to serve with discretion, conviction, and correction. When first presented with the question whether criminal justice is a system, non–system, and network I leaned toward a network. Throughout our discussions, lectures, and readings I felt the process presented itself as a network. Intertwined divisions working for a common goal. Further into my research and help from Webster, I decided that the criminal justice...show more content... These departments involve everyone throughout the sequence of events in the criminal justice system including lawyers, judges, police, criminals, victims, and the society in which this occurs. Every action and repercussion is seen and felt by all involved in a particular case. This is why all of these players in the game of law depend on the actions and results of one another. This dependency arises from numerous situations and circumstances. The police depend on convictions from the court to see results for their job. Each sector must rely on the outcome of trial cases to proceed. Plea–bargaining is a great example. Three or more parties are involved, the prosecutor and defense attorneys must present the best and most reasonable deal, from their perspective, and the defendant must agree to the terms. In some cases a judge can be a contributing factor. Society is the most dependent and most critical, always keeping the department on its toes. Dependency in this case does have its benefits. It provides the system with a check and balance system. Considering again Cohn's arguments that the criminal justice process should not be defined as a system he makes some strong points, that have strong counter points. In short he states this process is a continuum through which each offender passes, from the police, to the courts, into prison and then back onto the streets. He quotes Get more content on HelpWriting.net
  • 16. In this essay we will discuss the process of legal research, writing, and analysis. The subject matter will be presented in a clear, concise and objective manner. The textbook that we will be referencing is "Gilbert Law Summaries: Legal Research, Writing, and Analysis" 10th ed, BarBri Group, 2006. The US court system consists of a trial court, an appellate court, and a supreme or high court. The trial court is the first to hear the facts of a case and has original jurisdiction. The appellate court hears cases whose resolution is disputed by the losing party in the trial court. The supreme or high court hears cases whose outcome is disputed by the losing party in the appellate court. The supreme or high court chooses which cases warrant...show more content... A reporter can be published officially or unofficially. Official reporters are those that are authorized to be published by the government. Unofficial reporters are published by private companies. Thompson West company is the primary reporter for federal and state cases. Supreme Court cases are recorded officially in the "United States Reports." Unofficially, federal cases are reported in the "Supreme Court Reporter," "United States Supreme Court Reports, Lawyer's Edition," and the "United States Law Week." Advance sheets supplement the reporters with recent case information. The federal appellate court has no official reporter. Federal appellate decisions can be found in the "Federal Reporter" and prior to 1880 in "Federal Cases." The "Federal Supplement" publishes federal district court decisions. Some specialty courts publish official reporters. Courts that deal with bankruptcy, federal rules or military law (among others) have unofficial reporters. State case reporters are mostly unofficial. Most use Thompson West' s regional reporter which includes advance sheets. Headnotes are summaries of cases setting forth principles of law. In the Thompson West system similar points of law are indicated by a key number that will match another key number to cases with similar points of law. Remember that headnotes are dicta and not precedent. Make sure you read each case if you have any uncertainty while reading the headnotes. Looseleaf materials are published Get more content on HelpWriting.net
  • 17. The Importance Of Legal Language In Law The law is important for both the rules it creates as well as the specific language that it uses. The law is extremely important for our society because it keeps our society running and it also acts, as guidance as to what is acceptable. Without the law, there would be so many conflicts. Two examples where the linguistic choices in legal opinions or statutes have significance beyond merely their articulation of legal rules are seen in the case of Hawkins v. McGee with the "machine metaphor" and the case of Miller v. CA involving obscenity laws. Undoubtedly, with something as serious as the law, many would believe that communication through legal language should be unambiguous and to the point; however, legal language can be complicated and ambiguous with the use of different metaphors and analogies that can have significance beyond their literal meanings. In Hawkins v. McGee, author Alan Hyde of Bodies of Law, says that the description of the body as a "machine" is not really important in contract law doctrine, but he says that exploring the "machine metaphor" in law is still intellectually useful. Hawkins had ruined his hand in an industrial incident and was a patient of Dr. McGee. Dr. McGee promised to fix his hand and perfect it again like it normally was. However, the hand turned out worse than it was before the surgery. Thus, Dr. McGee may have overpromised. The legal issue was that the court was being asked to decide whether it was negligence and if the promise could Get more content on HelpWriting.net
  • 18. A Career As A Legal Assistant Essay I often wish that I could spend more time on campus than at work, however, like most students, I work two jobs to pay bills and tuition. Fortunately, I have been blessed with the opportunity to work in the legal field, which has become an invaluable supplement to my education as I pursue a BA in Legal Studies. I have taken advantage of this opportunity to further develop my skills and experience by taking on new, challenging tasks beyond my assigned duties. For example, in addition to my administrative assignments, I have been tasked with preparing motions, subpoenas, and briefs with minimal supervision–all tasks which are typically delegated to paralegals, as opposed to legal assistants. I am very grateful to have this opportunity to gain...show more content... In addition, I have passed two other state exams to become licensed to sell property, casualty, health, and life insurance. Furthermore, I am currently studying to pass the optional Insurance Studies program offered by employer which provides associates with the opportunity to develop and improve insurance–related professional qualifications. To further achieve my educational objectives, I recently interviewed with the UAA Justice Department in hopes of being selected to serve as a Student Research Assistant. The person selected for the position will assist with a major policy analysis research project funded by the State of Alaska. This is an incredibly valuable opportunity because it involves utilizing Westlaw, which is one of the two primary legal research engines for lawyers and other legal professionals in the United States. If selected for this position, I will not only be able to further develop my research skills and ability to work in Westlaw–which is a highly sought after skill in the legal profession– but I will also be able to do my job as a legal professional competently and efficiently. The ability to perform in the legal field competently and efficiently are two of Get more content on HelpWriting.net
  • 19. Legal Methods, Research And Writing Essay To be successful in law whether studying or practicing the profession Legal methods, research and writing is a major necessity for those in the legal field. It is nearly impossible to study or practice law without the basic knowledge of legal methods, research and writing. This essay examines the importance of Legal methods, research and whether in school or outside in the legal profession. The first reason we need legal methods, research and writing is that it will help us to write essays well and helps students to answer questions efficiently and assist to work toward their careers. Second, Law students and lawyer/paralegals need to know how do proper legal research which is very vital. Third, it prepares us for our career in law in general out in the real world. It is highly impossible to continue a law program without legal methods, research and writing. To answer questions efficiently and effectively we need to follow methods of how to answer our questions. Whether it be basic essay format or the IRAC method in law which are just creative writing techniques to clarify our point to get across. The research helped us to find cases that will assist in our essay writings for essays and problem questions and the writing is gone over in the course so that the students know how to write better than high school level and providing a decent response to the professor. There's many reasons why legal methods, research and writing is important though the first reason as a law Get more content on HelpWriting.net