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Critical Legal Studies Essay
CRITICAL LEGAL STUDIES Critical legal study (CLS) is a theory that challenges and overturns accepted norms and standards in legal theory and
practice. Supporters of this theory believe that logic and structure attributed to the law grow out of the power relationships of the society. The law
exists to support the interests of the party or class that forms it and is merely a collection of beliefs and prejudices that legitimize the injustices of
society. The wealthy and the powerful use the law as an instrument for oppression in order to maintain their place in hierarchy. For the critical
feminists, the law is "patriarchal" and for the critical race, the domination is race. The basic idea of CLS is that the law is politics and it is not...show
more content...
However CLS did not begin as a negative movement. CLS was and continues to be committed to shaping a society based on some substantive
vision of the human personality, absent the hidden interests and class domination of legal institutions. It is precisely the CLS commitment to a new
vision of law that drew the indignation of traditionalists who saw law as a primarily a process of resolving disputes rather than as a system for
achieving "abstract generalizations." CLS scholars, like Unger, urged that legal doctrine be understood as an expression, though imperfect, of "an
imaginative scheme of human coexistence rather than just as provisional truce lines in a brutal and amoral conflict." Unger in particular sought to
unravel our legal institutions, but only in order to build again with a full understanding of the political nature of law and the experimental nature of
human beings. CLS' broad attack on legal discourse as "itself a form of political domination and a barrier to progressive change" inspired a deluge of
radical criticism of the traditional role of law in society. Abandoning a preference in law for scientific over philosophical argument, this criticism takes
generously from a number of "non–legal" disciplines, particularly from the Frankfurt School of German social philosophy and from structuralist and
post–structuralist French philosophy. The result has been a remarkably creative and multidisciplinary attack on legal norms and
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Essay The English Legal System
The English legal system is complex and there are many ways in which it can be influenced, this essay will explore some of the different, more
obvious ways the law can be changed and what this shows in relation to the quote above. First the essay will discuss the different ways the law can be
created and changed and who enables and controls those changes, with my primary examples being the common law and legislation for the judicracy
and Parliament respectively, then the essay will cover to what extent these powers enable the judicracy to change and create law in relation to
Parliament and if it could be discribed as "opportunistic and piecemeal".
It is definitely arguable that in order to promote democracy in it's current format there...show more content...
What makes the common law so effective is that in the English legal system, law can effectly be split into substantive rules and statute law, generally
unless Parliament has specifically legislates something, it's not illegal in civil law, the common law governs more common and behavoural issues that
most people can agree on such as murder or stealing, giving the court some discretion in cases.
The judicracy has other ways of extending it's influence to law–making such as statutory interpretation, this means that even though the law should
attempt to be as clear as possible, sometimes vagueness is caused. The courts have different rules as to how they might interpretate unclear statutes
and the judicracy does not always agree on the best one. This again is an example of the judicracy exercising discretion in legal matters, which they
tend to have the power to use to some minor extent at most levels, this allows the judicracy to apply a human aspect to the law and make smaller
refinements.
Parliament has the power to allow others to make law through delegated (or subordinate) legislation. This is normally done through an enabling Act,
which lays down the framework for law for a specific issue and allows the
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The Legal Profession: One Career, Many Avenues
Whether we are reading about the heroic small–town attorney Atticus Finch in To Kill a Mocking Bird, or watching in awe as Richard Gere portrays a
smooth attorney in Primal Fear, it is apparent through culture and media that there is a power and prestige associated with the law in American society.
This paper compares the training and education of such American lawyers with their English counterparts, concluding as to why it may behoove us in
the US to adopt the apprenticeship requirements of England.
To begin, it is important to note that n the English system, the legal profession is distinctly divided; lawyers are either Barristers or Solicitors. While
the Barristers are governed by the...show more content...
Much like how the US has three branches of the government in an effort at a system of checks and balances, a Barrister acts as a check on the Solicitor
conducting the trial. According to some critics, a distinct disadvantage of the split profession is that a multiplicity of legal advisers can lead to an
inefficient process and higher costs (Law Observer).
Given our understanding of the two divisions, we are in a better position to appreciate the variations among education and training. A prospective
Barrister must first complete the academic stage of their legal education by obtaining a qualifying law degree (The Law Society of England and
Wales). However, instead of obtaining a formal law degree, the student may undertake a one–year law conversion course, now known as a Graduate
Diploma in Law (GDL), so long as he has initially graduated in a subject other than law. From this juncture the student joins one of the Inns of Court
and takes the Bar Professional Training Course (BPTC) at one of the accredited providers (The Law Society of England and Wales).
Additionally, there is the tradition of "keeping terms" before the prospective may be called to the bar. By participating in 12 qualifying sessions, some
of which require dining with practitioners for full evenings while others involve attending specified training events, the student may then be called to
the bar (Blackstone & Sharswood). Once
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Importance Of Communication By Lawyers
Communication by Lawyers Introduction The interaction between members of different professional groups significantly depends on each
professional group. Every professional group has a distinct culture that differentiates it from other professional groups. Lawyers form one of the
most prominent professional groups across the globe and have a culture that distinctively identifies them. Language and Behavior Lawyers in the
United States use legal language which is a type of English employed speaking and writing legal issues. Lawyers use a formalized language
founded on logic and the rule of law and describes various aspects of the law via special vocabulary. For instance, they address each other as
"learned friend" and refer to judges as "my lord" or "my ladyship." Other terms include tort which is used to refer to an illegal act and statute used to
refer to written law among other terms. The lawyers are expected to behave in a particular way, different from other professional groups. The lawyers
must be well groomed and distinguished when performing their duties (Luban, 2007). They are also required to maintain an attitude of confidence,
courtesy, and politeness. They are also supposed to stand when addressing courts as they perform their responsibilities. Attitudes and Beliefs The
lawyers as a professional group also have special attitudes and beliefs that guide the culture of the group. The attorneys are required to observe special
ethics rules which include preserving
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Advantages Of Legal Language
Legal language Language is the instrument of law because legal documents are created through words. Lawyers deal mainly with words which is
their essential tool. When a person decides to write his will, he uses language. Contracts between two parties is nothing but words written on paper.
So , language and law are interconnected. However, we must recognize that legal language is not like everyday language used by all people.
Actually, legal language has been discussed and studied by many scholars. It is thought to be a unique language that has its own peculiarities. It is
agreed that legal language is difficult and cannot be understood except by specialists due to different reasons. There are some words that are used in
legal discourse only....show more content...
Firstly, it is thought to be "a category of its own right, the ultimate linguistic challenge combining the inventiveness of literarytranslation with
terminological precision of technical translation". Legal terms are precise and must be selected cautiously paying attention not to substitute a term with
a relevant one. Secondly, unlike technical and scientific languages, legal language depends on the legal system to which it belongs. Each country has
its own legal system which means that there are as many legal systems as there are countries which is of course a load on legal translators. Thirdly,
legal terminology are not only system dependent but are language dependent too. Countries of different languages undoubtedly differ in their legal
systems. However, we must also note that even countries sharing the same language have different legal systems. Saudi Arabia, for instance, has its
own legal system different than the Egyptian one although they are all written in Arabic. In addition, most legal terms refer to abstract concepts and are
not defined through referential properties, but rather intentionally , using other abstract concepts. Legal terminology also shows a considerable overlap
with language for general
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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
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Technology has changed the way we live our lives in pretty much every way imaginable. In the past, the common belief was that only manual
work would be greatly affected by the rise of technology. However, service professions such as the legal profession have certainly seen a change as
well. There are discussions what this will mean in the future and whether it will go beyond the current aiding role. If that is so, it could potentially
change the current legal framework and question the role of lawyers themselves. There are also issues in relation to the protection of clients through
data protection, confidentiality and accountability to look out for. This essay will focus on four main points. Firstly, it will discuss the overall
impact of technology on the legal profession, while discussing the potential and feared threat of this. Secondly, exploring the lawyer's responsibility
to offer quality and proper service while relating this to accountability of technology. Thirdly, it will discuss issues relating to confidentiality and the
overall role of the lawyer to ensure confidentiality is kept a priority while balancing out the cost reducing and more efficient technologies. Lastly, it
will discuss the educational position in relation to technology and the changes that need to happen to prepare future lawyers for their careers. The
legal profession has been around for a long time, as it is one of the oldest information professions . The service it provides is essential, as it
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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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Research Methodology And Legal Writing Essay
UNIVERSITY OF PETROLEUM & ENERGY STUDIES
CENTRE FOR CONTINUING EDUCATION
LLM
(ENERGY LAWS)
SEMESTER 1 YEAR: 2015SESSION: JULY
ASSIGNMENT –1
FOR
Research Methodology and Legal Writing
(LLMC 701)
NAME:MONICA RANI
SAP NO/REGN NO: 500044979
Section A (20 Marks)
Write short notes on any four of the following
1.Types of Research
Ans: According to K. R. Kothari, types of research are:
i.Descriptive and Analytical– Descriptive research describes the phenomenon and situation under the study and its characteristics. The methods
commonly used in this kind of research are survey method of all kinds. While in analytical research, the researcher uses his facts and information
already available and analyzes them to make critical evaluation. ii. Applied and Fundamental– Analytical research aims at finding a solution for an
immediate problem. While in Fundamental Research, the researcher is mainly concerned with generalization and with the formulation of a theory. iii.
Quantitative and Qualitative– Quantitative research is based on the measurement of quantity or amount. Qualitative research, on the other hand, is
concerned with phenomenon, i.e. Phenomenon relating to quality or kind. iv. Conceptual and Empirical– Conceptual research is related to some
abstract idea or theory. It is generally used by philosophers and thinkers to develop new concept or to re–interpret the existing ones. On the other hand,
empirical research relies on experience or
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The English Legal System Essay
The English Legal System The English legal system is based on Common Law as opposed to Civil Law. Common Law is a system whereby
Judges apply judgment derived from experience as well as knowledge of legal precedent; a system based on customs. Whereas Civil Law, which
developed out of the Roman Law of Justinian's Corpus Juris Civilis, is mainly based on written legislation, thus judgements are made on the
provisions of codes and statutes; a system based on written doctrine. The English Legal System is extensive and very complicated therefore, I have
decided for the purposes of this essay to discuss areas in which I have sufficient knowledge to form an opinion and conclude as...show more content...
Most laws have an element of fairness or moral consensus. However as parliament have the ultimate influences over what becomes law; it is
possible that some laws reflect the philosophies of individual political parties. In the past when the divide between Conservative and Labour party
philosophy was more apparent it could be argued that laws passed by a Conservative government represented the interests of the rich and
powerful. Religion has also played a part in what is legal and illegal and additionally results in injustice. Reforms in the law can also reflect
changes in values of society as a whole e.g. the new law allowing same sex marriage in England. The law commission, set up in 1965, is obviously
there to reflect the need for constant reform although change is still slow. With England's membership in the European Union and ever improving
technological advances, the process of reform is too slow and does not reflect the current pace of change in England. In England some crime is
punishable by loss of freedom i.e. prison. I believe that although prisons are necessary to protect society from dangerous individuals e.g. rapists and
murderers. Prison may not necessarily be the best form of punishment for many offenders. Prisons in England are overcrowded and the number of
repeat offenders is very high. This indicates that prison, as a punishment is not working for
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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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Legal Systems, The American Legal System Essay
Like most legal systems, the American legal system, has its ups and downs. However, in criminal law, the accused have to be proven guilty beyond a
reasonable doubt. As a result, this places a very strong burden of proof on the prosecutor. Furthermore, this allows it to become extremely difficult to
convict an innocent bystander. Let's say the judge decides to exclude evidence in the case. Let's say you were charged with a crime, in this case murder.
A motion to suppress evidence can be made by the defendant if they believe the evidence that was obtained was in violation of their fourth amendment.
This amendment protects you from unreasonable searches and seizures. If this is granted by the judge, then the case is useless because without
evidence, the case cannot proceed. However, seeing there are various exceptions to the rule, this does not guarantee the evidence that was illegally
acquired will be suppressed by the judge. The judge will only deny the motion if the police officer acted in good faith when they violated the client's
rights. In addition, the evidence must be competent and relevant, meaning it should be connected to the charges and collected within regulations of the
law. In the notorious case of Miranda vs Arizona, the defendant confessed to incriminating evidence during various interrogation techniques without
being notified of his Fifth Amendment rights prior to the interrogation. According to Reville 2009, shortly after confessing his crime, he requested
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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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Reflective Essay On Law
Upon entering this class, I had a skeptical mind on what law was. We believed law as a superior, overpowering, and controlling way of life. We
had negative thoughts towards the law, and only expected negative results because of it. While being in this class this semester, my mind was
opened and because of it I allowed a better understanding of law into my lifestyle. I realized that what I say may have repercussions as well as
negatively damage my business. Some of the BLAW subjects that will help me to grow in my career as well as an everyday consumer I will
discuss throughout this assignment. As a Sophomore in college, we are still considered the "newbies" of the University. Some of us are still
trying to find our groove, while others are excelling at it. So being a Sophomore in this BLAW class, helped me realize that every course that I am
taking is to better me for my career. I believe that BLAW is highly important when majoring in a business degree, simply because in our line of
work it's common for us to be consumed by greed or make minor judgment mistakes to better the company that we're working for. BLAW creates
this building block for you and how you must go about your work life to fully succeed. My future career includes hopefully becoming an officer in
the United States Air Force, with my background as Business Major I hope to either become a Logistics Readiness Officer or a Contracting Officer.
Both Air Force careers deal with the business franchise of the United
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Legal Phositivism And Natural Law
Legal positivism and natural law These are two legal philosophies or theory of law that are commonly used in the daily arguments and discussions
of the legal issues. These two, in as much as have the observance of the law as the common factor, have varied or divergent approach to law as a
discipline and as a practice. Natural law This is divided into two major subsections with the first being natural law theory of morality; this deals
with what is right and what is wrong. The second being the natural law theory of positive law; which deals with what is legal and what is illegal.
Natural law theory of morality There are several tenets that define this particular philosophy of natural law. The first is that everything, living and
inanimate like the plants and rocks have a purpose and the good that comes out of these is the manifestation and realization of their purpose. The
second claim here is that happiness and flourishing is what is good for human beings. The development of the capacities to friendship, knowledge,
social life and such like are based on the sense of justice and that the moral virtues like courage, temperance, benevolence do help us fulfill our true
nature. The third proposition is that natural laws is a set of truths about justice and morality and are rules that we must follow to live a fulfilled life and
a flourishing life. Immoral acts are deemed to violate natural law hence are unnatural and virtuous behavior on the other hand are considered
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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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Legal Requirements Essay
I am writing to you, to your request, to inform you on the legal requirements you will need to follow in order to correctly follow the law, and help you
Start–up Company expand. I would like to go over what exactly a legal requirement is, simply the law set in place by any given government that
you must follow in order to be allowed to operate your company within their country, not all legal requirements are equal in severity, some will result
in prison time and others will result in a simple fine, whatever the case, they must be followed. There are two types of legal requirements, the first of
which being compliance, this is a requirement that will result in no prison time if broken, but simply a fine, you will also not be branded as a...show
more content...
This law will also be of great use for you and your company, as it will deter many people from using data on the company in a way you did not agree
upon. In a way that is adequate, relevant and not excessive – this Law is designed to make data use specialised, meaning it's not used in a way that
might have been agreed upon for use, but not in the way that it has been used for; this act will result in data having to be used in any area it makes
sense, for example, you won't be able to use data on how many times someone has broken the law when the data is meant to be used to support the
claim that money is being used dangerously by banks. This Act will also be of great use for the company as it will prevent rivals using data on your
company in non–relevant situations, like during an advertisement. Kept for no longer then is necessary – once data is used and no longer need it,
destroy the recorders you hold of it, this is the best way to avoid breaking this principle. This will have many positive impacts on the company as it
will help deter other businesses from holding data on the company for long periods of time, this will prevent them using the data in a way to threaten
you or risking them being hacked, resulting in the data being in the hand of someone who was not given right to hold it. Kept safe and secure – this is
in place to make sure data isn't stolen or lost, easily avoidable by
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Legal Writtinbg Essay Correction
This story is replete with fascinating facts and the intricacies that are inherent in the facts of the case make for a great story.The baseball bat was
broken from the outset when it was bought by the plaintiff. Therefore, the defendant should have to return the baseball bat and pay the money back to
the plaintiff that plaintiff paid for said bat. The plaintiff bought a baseball bat from the defendant and the baseball bat turned out to be broken because,
since as soon as the defendant used the bat to play baseball, the bat shattered into a million pieces. Shattering into a million pieces certainly violates the
implied warranty of merchantability under the Uniform Commercial Code (UCC 2–314). No Industria De Calcados Martini Ltda. v....show more
content...
I can't show exactly where in the U.C.C. it says this, but that's the general feeling I got from reading the U.C.C. This story is replete with fascinating
facts and the intricacies that are inherent in the facts of the case make for a great story. The plaintiff bought a baseball bat from the defendant and the
baseball bat turned out to be broken because, as soon as the defendant used the bat to play baseball, the bat shattered into a million pieces. Shattering
into a million pieces certainly violates the implied warranty of merchantability under UCC 2–314. Industria De Calcados Martini Ltda. v. Maxwell
Shoe Co., 36 Mass. App. Ct. 268 (Mass. App. Ct. 1994) Also, there's a case that expounded upon this issue and told us that a baseball bat can't crack
when it's used normally. Otherwise, the store has to give back the money to the plaintiff. Dudzik v. Klein's All Sports, 158 Misc. 2d 72 (N.Y. J. Ct.
1993). The information that can be clearly drawn from these cases is if someone buys a baseball bat, it must be in the condition that was represented to
the heretofore named parties. At least, the bat must be in sufficient marketable condition so that the implied warranty owing from the party of the first
part to the party of the second part must be sustained. Also, as if those cases weren't enough, the UCC 2–314 demands that goods must be in good
condition when they are
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Legal Writing Project 1
TerriResse Jones 208 Southwind Dr. #14, Athens, AL 35611 #22026522, Legal Writing 1, #008033 Law Offices of Eliza Smith & Associates
5678 Barrister Row Clark, Pennsylvania 18112 (771) 333–4444 Fax (771) 333–4445 April 21, 2014 Jane P. Smith 123 Rock Road Clark, PA 18118 Re:
File No. Smith–3–04 Dear Ms. Smith, This letter is to inform you, that your tax appeal hearing has been scheduled for March 6, 2005, at 10:30 a.m.
The hearing will be held at the County Office building located at 211 Race Road. The court room is located on the 5th floor. Ms. Smith, would like
for you to meet her in the lobby ten minutes before the hearing begins. She asked, that you bring the pictures of all the comparable...show more
content...
Containing approximately 86,000 square feet of land, more or less, and being the Southerly one–half of Lot numbered 198. Subject to all restrictions,
reservations conditions and exceptions as set forth in deeds forming the chain of title. BEING the same premises conveyed to the Grantors herein by
deed of Mo Wells, et al., dated May 3, 1964, and recorded in the Lackawanna County Recorder of Deeds in Deed Book 810 Page 233. Tax Map No.
19–19–050–019–8 And the said Grantors do hereby generally warrant the property hereby conveyed. IN WITNESS WHEREOF, said Grantors have
hereunto set her hand and seal the day and year first above written. Signed, Sealed and DeliveredGrantor: In the Presence of: Susan
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Critical Legal Studies Essay

  • 1. Critical Legal Studies Essay CRITICAL LEGAL STUDIES Critical legal study (CLS) is a theory that challenges and overturns accepted norms and standards in legal theory and practice. Supporters of this theory believe that logic and structure attributed to the law grow out of the power relationships of the society. The law exists to support the interests of the party or class that forms it and is merely a collection of beliefs and prejudices that legitimize the injustices of society. The wealthy and the powerful use the law as an instrument for oppression in order to maintain their place in hierarchy. For the critical feminists, the law is "patriarchal" and for the critical race, the domination is race. The basic idea of CLS is that the law is politics and it is not...show more content... However CLS did not begin as a negative movement. CLS was and continues to be committed to shaping a society based on some substantive vision of the human personality, absent the hidden interests and class domination of legal institutions. It is precisely the CLS commitment to a new vision of law that drew the indignation of traditionalists who saw law as a primarily a process of resolving disputes rather than as a system for achieving "abstract generalizations." CLS scholars, like Unger, urged that legal doctrine be understood as an expression, though imperfect, of "an imaginative scheme of human coexistence rather than just as provisional truce lines in a brutal and amoral conflict." Unger in particular sought to unravel our legal institutions, but only in order to build again with a full understanding of the political nature of law and the experimental nature of human beings. CLS' broad attack on legal discourse as "itself a form of political domination and a barrier to progressive change" inspired a deluge of radical criticism of the traditional role of law in society. Abandoning a preference in law for scientific over philosophical argument, this criticism takes generously from a number of "non–legal" disciplines, particularly from the Frankfurt School of German social philosophy and from structuralist and post–structuralist French philosophy. The result has been a remarkably creative and multidisciplinary attack on legal norms and Get more content on HelpWriting.net
  • 2. Essay The English Legal System The English legal system is complex and there are many ways in which it can be influenced, this essay will explore some of the different, more obvious ways the law can be changed and what this shows in relation to the quote above. First the essay will discuss the different ways the law can be created and changed and who enables and controls those changes, with my primary examples being the common law and legislation for the judicracy and Parliament respectively, then the essay will cover to what extent these powers enable the judicracy to change and create law in relation to Parliament and if it could be discribed as "opportunistic and piecemeal". It is definitely arguable that in order to promote democracy in it's current format there...show more content... What makes the common law so effective is that in the English legal system, law can effectly be split into substantive rules and statute law, generally unless Parliament has specifically legislates something, it's not illegal in civil law, the common law governs more common and behavoural issues that most people can agree on such as murder or stealing, giving the court some discretion in cases. The judicracy has other ways of extending it's influence to law–making such as statutory interpretation, this means that even though the law should attempt to be as clear as possible, sometimes vagueness is caused. The courts have different rules as to how they might interpretate unclear statutes and the judicracy does not always agree on the best one. This again is an example of the judicracy exercising discretion in legal matters, which they tend to have the power to use to some minor extent at most levels, this allows the judicracy to apply a human aspect to the law and make smaller refinements. Parliament has the power to allow others to make law through delegated (or subordinate) legislation. This is normally done through an enabling Act, which lays down the framework for law for a specific issue and allows the Get more content on HelpWriting.net
  • 3. The Legal Profession: One Career, Many Avenues Whether we are reading about the heroic small–town attorney Atticus Finch in To Kill a Mocking Bird, or watching in awe as Richard Gere portrays a smooth attorney in Primal Fear, it is apparent through culture and media that there is a power and prestige associated with the law in American society. This paper compares the training and education of such American lawyers with their English counterparts, concluding as to why it may behoove us in the US to adopt the apprenticeship requirements of England. To begin, it is important to note that n the English system, the legal profession is distinctly divided; lawyers are either Barristers or Solicitors. While the Barristers are governed by the...show more content... Much like how the US has three branches of the government in an effort at a system of checks and balances, a Barrister acts as a check on the Solicitor conducting the trial. According to some critics, a distinct disadvantage of the split profession is that a multiplicity of legal advisers can lead to an inefficient process and higher costs (Law Observer). Given our understanding of the two divisions, we are in a better position to appreciate the variations among education and training. A prospective Barrister must first complete the academic stage of their legal education by obtaining a qualifying law degree (The Law Society of England and Wales). However, instead of obtaining a formal law degree, the student may undertake a one–year law conversion course, now known as a Graduate Diploma in Law (GDL), so long as he has initially graduated in a subject other than law. From this juncture the student joins one of the Inns of Court and takes the Bar Professional Training Course (BPTC) at one of the accredited providers (The Law Society of England and Wales). Additionally, there is the tradition of "keeping terms" before the prospective may be called to the bar. By participating in 12 qualifying sessions, some of which require dining with practitioners for full evenings while others involve attending specified training events, the student may then be called to the bar (Blackstone & Sharswood). Once Get more content on HelpWriting.net
  • 4. Importance Of Communication By Lawyers Communication by Lawyers Introduction The interaction between members of different professional groups significantly depends on each professional group. Every professional group has a distinct culture that differentiates it from other professional groups. Lawyers form one of the most prominent professional groups across the globe and have a culture that distinctively identifies them. Language and Behavior Lawyers in the United States use legal language which is a type of English employed speaking and writing legal issues. Lawyers use a formalized language founded on logic and the rule of law and describes various aspects of the law via special vocabulary. For instance, they address each other as "learned friend" and refer to judges as "my lord" or "my ladyship." Other terms include tort which is used to refer to an illegal act and statute used to refer to written law among other terms. The lawyers are expected to behave in a particular way, different from other professional groups. The lawyers must be well groomed and distinguished when performing their duties (Luban, 2007). They are also required to maintain an attitude of confidence, courtesy, and politeness. They are also supposed to stand when addressing courts as they perform their responsibilities. Attitudes and Beliefs The lawyers as a professional group also have special attitudes and beliefs that guide the culture of the group. The attorneys are required to observe special ethics rules which include preserving Get more content on HelpWriting.net
  • 5. Advantages Of Legal Language Legal language Language is the instrument of law because legal documents are created through words. Lawyers deal mainly with words which is their essential tool. When a person decides to write his will, he uses language. Contracts between two parties is nothing but words written on paper. So , language and law are interconnected. However, we must recognize that legal language is not like everyday language used by all people. Actually, legal language has been discussed and studied by many scholars. It is thought to be a unique language that has its own peculiarities. It is agreed that legal language is difficult and cannot be understood except by specialists due to different reasons. There are some words that are used in legal discourse only....show more content... Firstly, it is thought to be "a category of its own right, the ultimate linguistic challenge combining the inventiveness of literarytranslation with terminological precision of technical translation". Legal terms are precise and must be selected cautiously paying attention not to substitute a term with a relevant one. Secondly, unlike technical and scientific languages, legal language depends on the legal system to which it belongs. Each country has its own legal system which means that there are as many legal systems as there are countries which is of course a load on legal translators. Thirdly, legal terminology are not only system dependent but are language dependent too. Countries of different languages undoubtedly differ in their legal systems. However, we must also note that even countries sharing the same language have different legal systems. Saudi Arabia, for instance, has its own legal system different than the Egyptian one although they are all written in Arabic. In addition, most legal terms refer to abstract concepts and are not defined through referential properties, but rather intentionally , using other abstract concepts. Legal terminology also shows a considerable overlap with language for general Get more content on HelpWriting.net
  • 6. 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
  • 7. Technology has changed the way we live our lives in pretty much every way imaginable. In the past, the common belief was that only manual work would be greatly affected by the rise of technology. However, service professions such as the legal profession have certainly seen a change as well. There are discussions what this will mean in the future and whether it will go beyond the current aiding role. If that is so, it could potentially change the current legal framework and question the role of lawyers themselves. There are also issues in relation to the protection of clients through data protection, confidentiality and accountability to look out for. This essay will focus on four main points. Firstly, it will discuss the overall impact of technology on the legal profession, while discussing the potential and feared threat of this. Secondly, exploring the lawyer's responsibility to offer quality and proper service while relating this to accountability of technology. Thirdly, it will discuss issues relating to confidentiality and the overall role of the lawyer to ensure confidentiality is kept a priority while balancing out the cost reducing and more efficient technologies. Lastly, it will discuss the educational position in relation to technology and the changes that need to happen to prepare future lawyers for their careers. The legal profession has been around for a long time, as it is one of the oldest information professions . The service it provides is essential, as it Get more content on HelpWriting.net
  • 8. 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
  • 9. Research Methodology And Legal Writing Essay UNIVERSITY OF PETROLEUM & ENERGY STUDIES CENTRE FOR CONTINUING EDUCATION LLM (ENERGY LAWS) SEMESTER 1 YEAR: 2015SESSION: JULY ASSIGNMENT –1 FOR Research Methodology and Legal Writing (LLMC 701) NAME:MONICA RANI SAP NO/REGN NO: 500044979 Section A (20 Marks) Write short notes on any four of the following 1.Types of Research Ans: According to K. R. Kothari, types of research are: i.Descriptive and Analytical– Descriptive research describes the phenomenon and situation under the study and its characteristics. The methods commonly used in this kind of research are survey method of all kinds. While in analytical research, the researcher uses his facts and information already available and analyzes them to make critical evaluation. ii. Applied and Fundamental– Analytical research aims at finding a solution for an immediate problem. While in Fundamental Research, the researcher is mainly concerned with generalization and with the formulation of a theory. iii. Quantitative and Qualitative– Quantitative research is based on the measurement of quantity or amount. Qualitative research, on the other hand, is
  • 10. concerned with phenomenon, i.e. Phenomenon relating to quality or kind. iv. Conceptual and Empirical– Conceptual research is related to some abstract idea or theory. It is generally used by philosophers and thinkers to develop new concept or to re–interpret the existing ones. On the other hand, empirical research relies on experience or Get more content on HelpWriting.net
  • 11. The English Legal System Essay The English Legal System The English legal system is based on Common Law as opposed to Civil Law. Common Law is a system whereby Judges apply judgment derived from experience as well as knowledge of legal precedent; a system based on customs. Whereas Civil Law, which developed out of the Roman Law of Justinian's Corpus Juris Civilis, is mainly based on written legislation, thus judgements are made on the provisions of codes and statutes; a system based on written doctrine. The English Legal System is extensive and very complicated therefore, I have decided for the purposes of this essay to discuss areas in which I have sufficient knowledge to form an opinion and conclude as...show more content... Most laws have an element of fairness or moral consensus. However as parliament have the ultimate influences over what becomes law; it is possible that some laws reflect the philosophies of individual political parties. In the past when the divide between Conservative and Labour party philosophy was more apparent it could be argued that laws passed by a Conservative government represented the interests of the rich and powerful. Religion has also played a part in what is legal and illegal and additionally results in injustice. Reforms in the law can also reflect changes in values of society as a whole e.g. the new law allowing same sex marriage in England. The law commission, set up in 1965, is obviously there to reflect the need for constant reform although change is still slow. With England's membership in the European Union and ever improving technological advances, the process of reform is too slow and does not reflect the current pace of change in England. In England some crime is punishable by loss of freedom i.e. prison. I believe that although prisons are necessary to protect society from dangerous individuals e.g. rapists and murderers. Prison may not necessarily be the best form of punishment for many offenders. Prisons in England are overcrowded and the number of repeat offenders is very high. This indicates that prison, as a punishment is not working for Get more content on HelpWriting.net
  • 12. 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
  • 13. Legal Systems, The American Legal System Essay Like most legal systems, the American legal system, has its ups and downs. However, in criminal law, the accused have to be proven guilty beyond a reasonable doubt. As a result, this places a very strong burden of proof on the prosecutor. Furthermore, this allows it to become extremely difficult to convict an innocent bystander. Let's say the judge decides to exclude evidence in the case. Let's say you were charged with a crime, in this case murder. A motion to suppress evidence can be made by the defendant if they believe the evidence that was obtained was in violation of their fourth amendment. This amendment protects you from unreasonable searches and seizures. If this is granted by the judge, then the case is useless because without evidence, the case cannot proceed. However, seeing there are various exceptions to the rule, this does not guarantee the evidence that was illegally acquired will be suppressed by the judge. The judge will only deny the motion if the police officer acted in good faith when they violated the client's rights. In addition, the evidence must be competent and relevant, meaning it should be connected to the charges and collected within regulations of the law. In the notorious case of Miranda vs Arizona, the defendant confessed to incriminating evidence during various interrogation techniques without being notified of his Fifth Amendment rights prior to the interrogation. According to Reville 2009, shortly after confessing his crime, he requested Get more content on HelpWriting.net
  • 14. 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
  • 15. Reflective Essay On Law Upon entering this class, I had a skeptical mind on what law was. We believed law as a superior, overpowering, and controlling way of life. We had negative thoughts towards the law, and only expected negative results because of it. While being in this class this semester, my mind was opened and because of it I allowed a better understanding of law into my lifestyle. I realized that what I say may have repercussions as well as negatively damage my business. Some of the BLAW subjects that will help me to grow in my career as well as an everyday consumer I will discuss throughout this assignment. As a Sophomore in college, we are still considered the "newbies" of the University. Some of us are still trying to find our groove, while others are excelling at it. So being a Sophomore in this BLAW class, helped me realize that every course that I am taking is to better me for my career. I believe that BLAW is highly important when majoring in a business degree, simply because in our line of work it's common for us to be consumed by greed or make minor judgment mistakes to better the company that we're working for. BLAW creates this building block for you and how you must go about your work life to fully succeed. My future career includes hopefully becoming an officer in the United States Air Force, with my background as Business Major I hope to either become a Logistics Readiness Officer or a Contracting Officer. Both Air Force careers deal with the business franchise of the United Get more content on HelpWriting.net
  • 16. Legal Phositivism And Natural Law Legal positivism and natural law These are two legal philosophies or theory of law that are commonly used in the daily arguments and discussions of the legal issues. These two, in as much as have the observance of the law as the common factor, have varied or divergent approach to law as a discipline and as a practice. Natural law This is divided into two major subsections with the first being natural law theory of morality; this deals with what is right and what is wrong. The second being the natural law theory of positive law; which deals with what is legal and what is illegal. Natural law theory of morality There are several tenets that define this particular philosophy of natural law. The first is that everything, living and inanimate like the plants and rocks have a purpose and the good that comes out of these is the manifestation and realization of their purpose. The second claim here is that happiness and flourishing is what is good for human beings. The development of the capacities to friendship, knowledge, social life and such like are based on the sense of justice and that the moral virtues like courage, temperance, benevolence do help us fulfill our true nature. The third proposition is that natural laws is a set of truths about justice and morality and are rules that we must follow to live a fulfilled life and a flourishing life. Immoral acts are deemed to violate natural law hence are unnatural and virtuous behavior on the other hand are considered Get more content on HelpWriting.net
  • 17. 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
  • 18. Legal Requirements Essay I am writing to you, to your request, to inform you on the legal requirements you will need to follow in order to correctly follow the law, and help you Start–up Company expand. I would like to go over what exactly a legal requirement is, simply the law set in place by any given government that you must follow in order to be allowed to operate your company within their country, not all legal requirements are equal in severity, some will result in prison time and others will result in a simple fine, whatever the case, they must be followed. There are two types of legal requirements, the first of which being compliance, this is a requirement that will result in no prison time if broken, but simply a fine, you will also not be branded as a...show more content... This law will also be of great use for you and your company, as it will deter many people from using data on the company in a way you did not agree upon. In a way that is adequate, relevant and not excessive – this Law is designed to make data use specialised, meaning it's not used in a way that might have been agreed upon for use, but not in the way that it has been used for; this act will result in data having to be used in any area it makes sense, for example, you won't be able to use data on how many times someone has broken the law when the data is meant to be used to support the claim that money is being used dangerously by banks. This Act will also be of great use for the company as it will prevent rivals using data on your company in non–relevant situations, like during an advertisement. Kept for no longer then is necessary – once data is used and no longer need it, destroy the recorders you hold of it, this is the best way to avoid breaking this principle. This will have many positive impacts on the company as it will help deter other businesses from holding data on the company for long periods of time, this will prevent them using the data in a way to threaten you or risking them being hacked, resulting in the data being in the hand of someone who was not given right to hold it. Kept safe and secure – this is in place to make sure data isn't stolen or lost, easily avoidable by Get more content on HelpWriting.net
  • 19. Legal Writtinbg Essay Correction This story is replete with fascinating facts and the intricacies that are inherent in the facts of the case make for a great story.The baseball bat was broken from the outset when it was bought by the plaintiff. Therefore, the defendant should have to return the baseball bat and pay the money back to the plaintiff that plaintiff paid for said bat. The plaintiff bought a baseball bat from the defendant and the baseball bat turned out to be broken because, since as soon as the defendant used the bat to play baseball, the bat shattered into a million pieces. Shattering into a million pieces certainly violates the implied warranty of merchantability under the Uniform Commercial Code (UCC 2–314). No Industria De Calcados Martini Ltda. v....show more content... I can't show exactly where in the U.C.C. it says this, but that's the general feeling I got from reading the U.C.C. This story is replete with fascinating facts and the intricacies that are inherent in the facts of the case make for a great story. The plaintiff bought a baseball bat from the defendant and the baseball bat turned out to be broken because, as soon as the defendant used the bat to play baseball, the bat shattered into a million pieces. Shattering into a million pieces certainly violates the implied warranty of merchantability under UCC 2–314. Industria De Calcados Martini Ltda. v. Maxwell Shoe Co., 36 Mass. App. Ct. 268 (Mass. App. Ct. 1994) Also, there's a case that expounded upon this issue and told us that a baseball bat can't crack when it's used normally. Otherwise, the store has to give back the money to the plaintiff. Dudzik v. Klein's All Sports, 158 Misc. 2d 72 (N.Y. J. Ct. 1993). The information that can be clearly drawn from these cases is if someone buys a baseball bat, it must be in the condition that was represented to the heretofore named parties. At least, the bat must be in sufficient marketable condition so that the implied warranty owing from the party of the first part to the party of the second part must be sustained. Also, as if those cases weren't enough, the UCC 2–314 demands that goods must be in good condition when they are Get more content on HelpWriting.net
  • 20. Legal Writing Project 1 TerriResse Jones 208 Southwind Dr. #14, Athens, AL 35611 #22026522, Legal Writing 1, #008033 Law Offices of Eliza Smith & Associates 5678 Barrister Row Clark, Pennsylvania 18112 (771) 333–4444 Fax (771) 333–4445 April 21, 2014 Jane P. Smith 123 Rock Road Clark, PA 18118 Re: File No. Smith–3–04 Dear Ms. Smith, This letter is to inform you, that your tax appeal hearing has been scheduled for March 6, 2005, at 10:30 a.m. The hearing will be held at the County Office building located at 211 Race Road. The court room is located on the 5th floor. Ms. Smith, would like for you to meet her in the lobby ten minutes before the hearing begins. She asked, that you bring the pictures of all the comparable...show more content... Containing approximately 86,000 square feet of land, more or less, and being the Southerly one–half of Lot numbered 198. Subject to all restrictions, reservations conditions and exceptions as set forth in deeds forming the chain of title. BEING the same premises conveyed to the Grantors herein by deed of Mo Wells, et al., dated May 3, 1964, and recorded in the Lackawanna County Recorder of Deeds in Deed Book 810 Page 233. Tax Map No. 19–19–050–019–8 And the said Grantors do hereby generally warrant the property hereby conveyed. IN WITNESS WHEREOF, said Grantors have hereunto set her hand and seal the day and year first above written. Signed, Sealed and DeliveredGrantor: In the Presence of: Susan Get more content on HelpWriting.net