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Legal Validity Of Natural Law
Legal Validity in the View of Natural Law By: Micah A. Davis October 7, 2014 Abstract In this paper, I will propose that it is better to look at
whether a law is legally valid or not through the perspective of natural law theory as opposed to positivist theory. My argument consists mostly of
the language of "improvement" which can only exist based on the theory of natural law which states that law is something which has an objective
truth behind it. Only when there is an objective mark to hit can there be hits and misses and I believe that positivism disregards the possibility of
hits and misses entirely. So, my argument is that it makes more sense to consider legal validity of a law from the perspective of natural law rather
than positive law because it includes not only the previously set up legal system when considering validity, but it also considers the general idea of
some kind of morality as well. A sub argument is that the starting legal system must have had some basis by which to have been created and
accepted which must be some form or notion of morality. Legal validity is how valid or forceful or authoritative a law is within a system
("Validity"). There are many different ways to interpret what it means when a law within a system changes. One way to view it is in a positivist
perspective. That perspective claims that when a judge changes a law, he is simply stating it based on the words in the law and his interpretation of
words,
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Raz On The Autonomy Of Legal Reasoning
The autonomous nature of legal reasoning is the subject of much contention amongst legal actors and is understood to be restrictively in positivist Raz .
In his paper On the Autonomy of Legal Reasoning Raz asserts that legal reasoning – reasoning according to law – is an instance of moral reasoning,
that legal reasoning is not, in the strong sense, autonomous. This view is based on the assumption that legal doctrines are only justified if they are
morally justified. Below, follows an appraisal of the various justifications of this assertion and a defence of Raz's position on the autonomy of legal
reasoning.
Legal positivism formulated by English jurist John Austin characterises the system of laws, the existence of which, is dependent on social facts .
Positivism accepts the Separation thesis– that there is no necessary connection between law and morality . To this end, it denies any necessary moral
criteria of legality . Furthermore, it does not necessarily accept that moral principles can directly determine whether certain rules are valid law, as
naturalism does . ... Show more content on Helpwriting.net ...
According to Raz, the former is underpinned by the Sources thesis which states that all law is source–based; that is, its existence and content can be
determined by reference to social facts alone. The latter is moral reasoning – a conscious process that consists of transforming given information about
people , in this case a process of empirical analysis, moral reasoning, and deduction from serious rules. Thus, it follows from his argument, that
reasoning about or according to the law is an occurrence of the transformation of given information about
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Australian Legal Aid
The importance of legal representation to those considered to be poor or disadvantaged is vital to the outcome they receive in legal processes. In
saying this, eligibility for public funded representation such as legal aid can be difficult to obtain (Hall 1993). Legal aid provides assistance to people
unable to afford legal representation and access to the court system (Hall 1993). Legal aid is defined as a grant of legal assistance free–of–charge, for
people who cannot afford their own representation and meet certain criteria such as a means test to determine eligibility (Australian Government 2017).
Published research has illustrated that the chances of people being successful rises from 20 percent to 35 percent when professionally represented ...
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Many Australians often report that the civil justice system is too slow, and litigation costs are too high (Productivity Commission 2014). The
concepts of timeliness and delay are complex elements of the CJS, involving the delay of courts and government (Reinman & Leighton 2015). It is
estimated that 90 percent of cases in a lower civil court will be finalised within six months of commencement (Sourdin & Burstyner 2014). Research
suggests that 'many litigants in the higher courts are dissatisfied as a result of delay, inefficiency and disproportioned legal costs' (Sourdin &
Burstyner 2014, p. 48). A litigant of a recent study claimed that his case took five years to settle, with each dismissal involving more costs (Sourdin &
Burstyner 2014). The costs of accessing and securing legal services is one of the main causes preventing people effective access to the justice system
(Productivity Commission 2014). As Reiman and Leighton (2015) mention, when it comes to the two parties against one another, it is more likely the
one with the higher income will win the case. In saying this, if a person cannot afford to go to court, that will greatly affect whether they receive just
outcomes in the criminal justice system (Reiman & Leighton 2015). According to Sanderfur (2009), when people choose not to resolve their disputes
through legal professionals, it is often because of financial costs, uncertainty about rights, and that it would take too long. In saying this, parties have
the option to resolve their disputes in many ways. This includes through the courts, tribunals, or a relative ombudsmen service (Reiman & Leighton
2015). Each of these options differ in cost and timeliness (Reiman & Leighton 2015). In recent years, alternative dispute resolution (ADR) has gained
popularity over law suits in state and federal courts (Bergeson 2010). The ADR process
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The Legal Troubles Of The Field Of Law
"Wicked people never have time for reading. It's one of reasons for their wickedness" (Lemony Snicket). Lawyers must read, think, and analyze.
They have to have an open and broad prospective of the world. Anybody entering the field of law must understand they will spend many years in
college. Lawyers must receive lot of acknowledge because lawyers must know every single detail about it. Once they know and learn everything
about the law field, they start having responsibilities and dealing with people's cases, however they won't struggle because they've had plenty of
practice. Within time you will know how much and how you're going to be paid that's why it is important to know what you're doing as if you don't
you will have no clients so no money. Lawyers are very important because they help people with their legal troubles in the civil or criminal area,
therefore, it is important to analyze the educational requirements, job responsibilities, travel opportunities, and salary before entering the career field.
The educational requirements of a lawyer are to have a bachelor's and juris doctor degree. "Required college and law school education usually takes
four years of undergraduate study followed by 3 years of law school. Law school applicants must have a bachelor's degree to qualify for admission"
(CAREER GUIDANCE CENTER). The education requirements you need is doctoral and bachelor's degree. You need both of these become a law
school applicant and obviously you'll need
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Legal Rule Of Downstream Confusion
So far, the Sixth Circuit has only applied downstream, or post–sale, confusion, to cases involving knockoff products, but the legal rule of downstream
confusion should also apply to non–knockoff products. The Lanham Act's text and the legislator's intent while modifying the Act suggests that
downstream confusion applies to products other than knockoff products. 15 U.S.C. В§1127 (2012). Also, the Sixth Circuit has substituted
point–of–sale confusion with post–sale confusion before, and should again in our case. Lastly, courts outside of the Sixth Circuit applied downstream
confusion to cases that did not involve knockoff products. First, the text of the Lanham act suggests that products other than knockoff products can
create downstream... Show more content on Helpwriting.net ...
Gibson Guitar Corp. v. Paul Reed Smith Guitars, LP, 423 F.3d 539, 552 (6th Cir. 2005). Ferrari is distinguished from Gibson because in Gibson the
court found that the two defendant's products were not "clearly inferior" to the plaintiff's product, which led to the court finding that post–sale
confusion could not serve as a substitution for point–of–sale confusion. Id. Lastly, cases outside the Sixth Circuit have ruled that products other than
knockoffs can create downstream confusion. The courts in Lois Sportswear and Payless both are examples of cases where non–knockoff products
created downstream confusion. Lois Sportswear, U.S.A., Inc. v. Levi Strauss & Co., 799 F.2d 867, 872 (2d Cir. 1986);Payless Shoesource, Inc. v.
Reebok Int'l Ltd., 998 F.2d 985, 987 (Fed. Cir. 1993). In Lois Sportswear, the court explained that the confusion occurred when a consumer saw the
familiar stitching pattern on the defendant's jeans and associated "the jeans with appellee and that association influence[d] his buying decisions." 799
F.2d at 872. The court makes no mention nor implies that the defendant's jeans were a knockoff of plaintiff's jeans. Similarly, in Payless, a case in the
federal circuit, Reebok contended that "[post–sale] confusion occurs . . . when a consumer observes someone wearing a pair of Payless
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Legal Positivists And Natural Law
'An unjust law cannot be a valid law' In the light of Natural Law and Positivist theories, assess the accuracy of the above statement. To what extent
are legal positivists and natural law theorists accurate in terms of the idea that 'an unjust law cannot be a valid law'? In this essay i will attempt to
define the concept of the validity of law in relation to both natural law theorists and positivist theorists. For the purpose of this essay I will define
validity of a law as "Having legal force; effective or binding" (The Free Dictionary). The main reason for the continual debate between both theories
is that they are both very similar although they may appear to be at contrary ends of each spectrum. Natural law theorists believe that in order for a
law to be valid it must have some moral principle therefore if laws which are enacted in statues have no authority, they are not moral. Whereas
positivists support and emphasise the importance of a division between morality and law. I will begin by outlining both theories. I will then move onto
asses the accuracy of the following statement, 'An unjust law cannot be a valid law' this includes establishing the similarities and differences of both
theories; in order to do this effectively it is essential that a thorough understanding of both theories has been developed. Finally I will summarise my
findings, An unjust law cannot be a valid law – true or false? The first question we need to address in order to be able to assess this
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Barclays Restaurant: Legal Analysis
The staff that will be part of the Barclays Restaurant must be diligent and hardworking, the employees will have full time or part–time contracts,
depending on the demands, and we could count with reinforcement in rush hours where the number of visitors increases. The hours of opening to the
public are going to be the maximum amount of hours possible seven days a week, considering that the restaurant be available to customers throughout
the day. 4.4 LEGAL ANALYSIS In forming a new company, the company will be subjected to a series of legal proceedings; these proceeding govern
the activities and business transactions, employment and the same civil rights of the people directly related or indirectly with the company. A new
company, regardless
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Legal Assistance For Legal Aid
Legal aid is a government funded service for legal help for every New Zealander, particularly for people with low income, and cannot afford a
lawyer. The service may help people to resolve their legal problem that may go to court, and make sure they are not denied justice because they cannot
afford a lawyer. Despite these measures, concerns about the affordability of thelegal aid system has arisen. Legal aid cost continued to grow, where
Ministry of Justice encouraged clients to set up a repayment plan. This matter was considered, because legal aid expenditure was more than $100
million in debts. According to New Zealand Herald (2015), "approximately $10 million of legal aid debts were written off by Justice Ministry officials
in 2014." Why has the Ministry of Justice concurred to write off millions of dollars from legal aid debtors? How will the taxpayers react? Was legal
aid provided only to people who really needs it? This paper introduces the system of legal aid and also focussed on the ethical dilemma between legal
aid and the society. It is based on the most valuable material on the theme of literacy.
Life can be hard to go through when a difficult problem and struggles can arise at any given moment. Legal aid introduced in the 19th century, to
give legal assistance for New Zealander with low income and are unable to afford a lawyer. It has been available almost all court actions across all
levels of the court system. Legal aid provides legal assistance to people
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The Doctrine Of Separate Legal Personality
In this essay I will begin with the concept of a company having a separate corporate personality and limited liability with their importance in
company law. The doctrine of separate legal personality which was made by the House of Lords in Salomon v Salomon and co ltd (1897) was the
landmark case. Furthermore I will describe the concept of the 'veil of incorporation'. I will give relevant cases of when the veil of incorporation can be
lifted by the courts and statuary provisions, for instance, s.16 Companies Act 2006 and incorporate different viewpoints of the judges. Finally I will
state whether or not I agree with the given articulation. 1.1The consequences of incorporation – Corporate Personality The doctrine of Separate legal
personality "has long been regarded as a cornerstone of English law". The main substance of a company is that it has a corporate legal personality
different from the members who form it. As a consequence of the separate legal personality granted a company under s 16(2) of the... Show more
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Salomon was a boot and shoe maker who has been working for over 30 years. He took all the shares of the firm except six, which were held by his
wife, daughter and four sons. Part of the payment for the transfer of the business was made in the form of debentures issued by the company to
Salomon. Salomon transferred the debentures to Mr. Broderip for 5000 pounds, in exchange for a loan. Liquidation was not long in coming. The sale
of the company's assets did not realize enough to pay the lenders. The liquidators claimed that the debentures have been deceitfully issued and were
invalid. He denied that the business was transferred lawfully from Mr.Salomon to the company. The judge who heard the case initially conceded that
the transfer has been legally done and could not be upset. He suggested (Broderip v Salomon ) that Mr. Salomon has employed the company as an
agent and that he has to indemnify the agent. In the court of appeal Salomon's appeal was
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Characteristics Of Legal Positivism
There are two approaches that can be adopted as to what would amount to a legal system. On the one hand are theories that treat the concepts of law
and legal systems having certain moral dimensions–on this view, a body of rules might be said to count as a legal system only if it is aimed at the
common good or enforcement of justice. The other approach, which is a characteristic of legal positivism, offers an account of law and legal systems
that is morally neutral in character. Legal systems are characterized on this view, by the existence of certain types of institutional arrangements rather
than by moral purposes they may or may not serve.
The starting point for Fuller's theory is the suggestion that formal characterizations of human institutions, independently of their purpose, must be
illusory and inadequate. In other words, for the better understanding of concepts one must know their purpose. In Fuller's opinion, the characteristic
features of legal systems that have provided the focus for legal positivist as such is ... Show more content on Helpwriting.net ...
L. A. Hart, the concept of law need not be understood by reference to any moral standard or purpose. Law, in Hart's view, can be used for many
different purposes, some of them good and some bad. If one had to describe a particular purpose which was a necessary feature of law, it would have
to be something highly general and morally neutral such as 'the provisions of rules for the guidance of conduct'. However, this is not really self
explanatory or fully intelligible and requires a further explanation. The natural law tradition of thought would supplement such an explanation of law's
purpose with an account of how rules serve justice or the common good o other values: once one has seen how the provision of rules overcomes certain
problems inherent in the human condition, one has understood laws nature. Although, for Hart it is not that the establishment of rules lacks a point,
that it may serve huge diversity of different
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Legal Forms of Business
Legal Forms of Business: Week 2
Legal Forms of Business In business, the first decision that is made is usually the most difficult. When making business decisions, the owner must
decide what types of business organization is the best for the company. There are seven forms of business that will be discussed as well as scenarios
in which each of these forms of business would be the preferred form. This paper will also justify why the corresponding business form is preferred.
The forms that will be discussed are: sole proprietorship, partner, limited liability partnership, Limited Liability Company, S corporation, franchise, and
corporate form. Sole Proprietorship A Sole Proprietor is someone who owns a business by... Show more content on Helpwriting.net ...
S corporation status provides many of the benefits of partnership taxation and at the same time gives the owners limited liability protection from
creditors. Scenario: A company that is taxed as a corporation, has more than 100 shareholders, and has one class of stock, classifies the company as
an S Corporation. Franchise A franchise is a right granted to an individual or group to market a company 's goods or services within a certain
territory or location. There are companies that fall up under the franchise umbrella such as McDonald's, Subway, and Pizza Hut. Many people
think of restaurants or fast food businesses when they think of franchise. There are over 120 different types of franchise that consist of
automotive, health and fitness, financial services, and cleaning and maintenance, just to name a few. Scenario: A person is interested in starting a
business and would like to own a Taco Bell. The best form to use is the franchise. This would require the owner to buy into the franchise. Corporate
The Corporation form is used to solve the typical problems of the partnership. Incorporating allows a group of owners to act as one. This is similar
to the way a partnership is operated as well. Since a corporation is a separate legal entity capable of being sued, it can protect its owners by absorbing
the liability if something goes wrong. In a corporation, the owner is allowed to hire
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Legal Funding Disadvantages
Nowadays, hiring a lawyer in UK and Wales can be quite expensive. A trainee solicitor in Great Britain hourly rate can start from a hundred and
eleven pounds per hour and ranges from this to a first grade solicitor in London who would charge four hundred and nine pounds per hour . It is
obvious that not everyone can afford the price of justice. Legal funding is vital as this can give a chance to people that are of lesser means, to review
their case. There are various types of legal funding that I will examine in my essay for example, legal aid, private funding, conditional fee agreements,
damages–based agreements and pro–bono. However, there are some ethical complications related to how these types of funding is used. Are they
really used wisely and fairly based on their scope? I am going to consider the advantages and disadvantages of the various types, in order to come to
a conclusion. On the other hand, there are many people claiming that technological innovations would be a very good way to compensate for lack of
funding. Technological innovations such as, robot lawyer Lisa , Lexis Nexis chatbot and kiosks. Forms of legal funding
Legal aid: After the Second World War the Labour Government tried to a build a welfare state in order to reduce the inequalities between rich and
poor class . One of their measures was the state– funded legal aid scheme .That would give the opportunity to poorer people to get legal advice and
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The Availability Of Legal Aid
Justice is at the heart of a democratic society. It means laws should apply equally to all, and that everyone should have the right to a fair trial. It is
part of our rights as human beings and we ought to be able to bring our dispute before an independent judge for them to be settled. This essay seeks to
look at the availability of legal aid in the 21st century and if it is still "open to all, like the ritz hotel" like suggested by Sir James Mathew.
"What does "access to justice" mean, if not a fully FUNDED legal aid system? Is it a noble aspiration that should lift our hearts, or is it a load of
meaningless tosh peddled by politicians and lawyers to suit their own self–serving ends?" . Before we can begin to look at Legal aid and its excerpts,
we must explore Access to Justice and what it means in relation to the subject matter. Access to justice means knowing and being able to enforce
your rights and duties, having access to courts and tribunals. Access to justice is not the same principle with legal aid, rather access to justice is the
principle of being "treated fairly according to the law and if you are not treated fairly being able to get appropriate redress". "That doesn 't just mean
access to lawyers and courts. It means access to ombudsmen, advice agencies and the police law. It means public authorities behaving properly. It
means everyone having some basic understanding of their rights. It means making law less complex and more intelligible" .
Why should we
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The Canadian Legal System Women
In the Canadian legal system women are the underdogs. They continue to face oppression, domestic violence, pay inequity, social discrimination and
misrepresentation by the law. There are many feminist groups in Canada that advocate for equal rights for women. When they were active, NAWL
was a leading organization in promoting and lobbying for equality for women in Canadian law.
The National Association of Women and the Law (NAWL) is a non
–profit feminist organization that advocated for equal rights for women through the
legal system. The group is made of many members across Canada, representing lawyers, students and other legal professional who shared an interest in
feminist advocacy.
The association was founded in 1974 at a conference ... Show more content on Helpwriting.net ...
NAWL works to end racism and colonialism, remove barriers faced by women with disabilities and oppose all other forms of oppression and
discrimination.
NAWL works to ensure women's economic and social security by advocating for social justice and the meaningful participation of women in Canadian
society and in the decisions that affect their lives, families and communities.
NAWL is committed to eliminating all forms of violence against women and children, and to ensuring reproductive choice for women.
NAWL is a collaborative women–centered organization that strives to be regionally representative, bilingual, and genuinely representative of
marginalized women.
NAWL engages in well–reasoned, informative, innovative research, lobbying and popular education on issues relevant to women's lives and
experiences. In developing its policies and positions, NAWL applies an integrated feminist analysis that reflects its commitment to ending all forms of
discrimination against women.
NAWL is committed to working collectively and in coalition with other groups to dismantle barriers to all women's equality.
There are number of
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Educational Law And The Legal Service
On the face of it, clinical legal education is beneficial to both the student cohort and the local community as it provides students with the opportunity to
gain practical experience while delivering a service to the public. It is defined by Kerrigan as 'learning through participation in real or realistic legal
interactions, coupled with reflections on this experience'. Through this, a focus is placed on facilitating learning through a practice–based approach
grounded on client interaction. This generates a natural tension between fulfilling the educational aims of a clinic and the legal service needs of clients.
This paper will examine such tensions, practically and theoretically, in respect to pedagogical instruction and lack of supervisory resources while
providing personal reflections. It will conclude that there is–to an exaggerated extent–an imbalance between the educational aims of law clinics and the
legal service needs of clients; however, this is not to the detriment of the client as it does not affect the quality of legal aid given by students.
Exploiting Vulnerable People for Pedagogical Benefits
Educational law clinics raise the ethical dilemma of exploiting vulnerable people in society for pedagogical benefits. As such, if a supervisor believes
that a case provides an inadequate educational benefit, it may be turned away; or in circumstances whereby a case has been opened, closed. Nicolson
argues that this refusal to help these clients can prove to be
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Legal Forms of Business Paper
Legal Forms of Business Paper Law/531 June 3rd, 2011 University of Phoenix Legal Forms of Business Paper Selecting the best form of operating a
business depends on the type of business the owner wants to run. The owners have to pick the structure that best meets their needs. "The selection
depends on many factors, including the ease and cost of formation, the capital requirements of the business, the flexibility of management decisions,
government restrictions, personal liability, tax considerations, and the like" (Henry Cheeseman, 210, p. 529) Moreover, choosing the right form to run
a business will also determine how the business is organized, how the cash flow is, and how the business is taxed. "The most common... Show more
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Sole proprietorship was precluded because the business will be run by Monica and Susan because they have the necessary skills to be successful
entrepreneurs. In this scenario, Vic will provide capital and will take a passive role in managing the business, she sill obtain profits because of her
involvement in the business. For not facing some problems among them, they will have to reach an agreement generally written to state how shares
will be handled; this is common called a limited partnership agreement. "This agreement sets forth the rights and duties of the general and limited
partners; the terms and conditions regarding the operations, termination, and dissolution of the partnership; and so on" (Henry Cheeseman, 210, p.
547). The limited partnership agreement will set forth the transactions that managers and investors can approve. This document also states the how
earnings and losses will be distributed among the partners. Limited partners have also the right of being informed by general managers about the
business performance and the business financial status. If Susan or Monica wants to admit a new partner, the new candidate to operate the business can
be included if Vic approves this, unless the agreement document states otherwise. Limited partnership is easy to set up, and to appeal investors as
limited partners. This
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Legal Drnc
Legal Memo: Scenario #6
CRJ 550 Legal Issues in Criminal Justice Administration
Catherine Scott
Saint Leo University
Abstract
The following memo describes the events that have taken place in Saint Leo Police Department as it relates to the Sheriff's findings in Officer
Narcissus office computer. It will contain a summary of the Sheriff's and Officer Narcissus' actions, as well as their reactions to the other's stance. As the
special assistant to the Sheriff, the author of this compilation will provide as much detail about the legal ramifications the Sheriff may face as it relates
to this situation and conclude by providing some recommendations to resolve the situation at hand. The author will back up the recommendations with
laws ... Show more content on Helpwriting.net ...
The Sheriff, also, deduced that the department computer had been utilized to procure items for sexual and hunting activities. Accessing Officer
Narcissus' Facebook page, herself, the Sheriff stumbled upon all of the postings Officer Narcissus had posted. Before powering down the computer, the
Sheriff opened another site in the computer's history and gained knowledge of the site's contents; which happened to be a child pornography containing
images of adolescents being sexually abused.
Informing Officer Narcissus of her discoveries, The Sheriff was met with some aloofness. Officer Narcissus stated to the Sheriff that she had no
business operating his computer to examine anything. After being confronted, Officer Narcissus raged into the department and began disassembling
the computer. The Sheriff and other officers interrupted Officer Narcissus, cuffed him and confined him to a cell.
Issues Presented There are several issues that need to be addressed as it relates to the situation. These issues include those from a policy standpoint, as
well as those from a legal standpoint. The following are the issues this author saw fitting to tackle: 1. The matter of Officer Narcissus utilizing the
department for personal leisure. 2. The fact that Officer Narcissus has made comments and posted photos
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The Legal Drinking Age Should Be Legal Essay
People drink liquor for various reasons; anxiety, celebration, insomnia etc. Teenagers fall under the category of "people". The legal drinking age
presently is twenty–one in the United States Of America. I can guarantee you that the underage drinking age rate would drop if the age were brought
down. One of the reasons behind drinking is enjoyment but the primary purpose behind underage drinking is "breaking the law". The law says an
eighteen – year old is mature enough to make his/her life decisions, yet not ready to drink liquor. In the United States there are different rules for
various ages, however when a person turns 18 they tend to move out of their parents and start to begin their own life with their friends. Eighteen
year olds have the privilege to vote, get married, and serve in the military, and those even younger than eighteen can drive and become parents.
Therefore, it appears to be odd and contradictory for them to not be able to purchase alcohol. We as a whole know why teenagers usually drink.
Simply the vibe that they get of breaking the law is huge. Being rebellious and not following the principles is an essential part of a teenager.
Regardless of the fact that it is illegal for teens to purchase alcoholic beverages, they are still able to get it through their parent's cupboards, or from
their senior friends who purchase it for them. We as a whole observe, that is not hard for teens to get liquor. Why not bring down the drinking age then?
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Example Of A Legal Case Study
Margaret Reid Attorney for Plaintiff 800 Jones Branch Ave. Manassas, VA 20116 (708) 619
–4345 www.margosreid.com margoD@reid.com To: Jane
Smart, Esq. From: Donna Nasser, Paralegal Date: July 27, 2015 Re: Mrs. Hatter vs. Foods Deluxe DISCOVERY The plaintiff, Mrs. Hatter, by and
through her counsel, Margaret Reid, and pursuant to Rule 34 requests the defendant, Foods Deluxe, respond to the following interrogatories, requests
for admission, and requests for documents. Interrogatories: 1.State the name of the person or persons answering these interrogatories. 2.What was the
approximate location of each of the above at the time of the incident? 3.Who was the manager on the day shift during the incident? 4.Who was the
employee working at the
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Legal Positivism : A Positivist Legal System
Critically analysed a society that is propounded by a Positivist Legal System. The aim of this essay is to evaluate a positivist legal system or legal
positivism, by analysing what it means, what it does the positive and negative aspects of legal positivism, how legal positivism works in a society. In
order to understand a positivist legal system and how it works in a society, this essay is going to concentrate on some aspects of legal positivism, which
are; the definition of legal positivism or positivist legal system, ideologies of legal positivism, features of legal positivism, advantages and
disadvantages of legal positivism, how legal positivism or positivist legal system works in a society, before concluding with summary of the
evaluation on legal positivism, and the analysis on legal positivism legal positivism works in a society with possible recommendations. Legal
positivism is a theory which supports or believes in the separation of laws and morals in making laws. Positivism states that laws that lack moral
content can still be good laws, and so far as the laws are made through the right process for passing laws, they must be obeyed. This does not mean
that positivism is unconcerned about morals in the law, but it makes distinction between what is and what ought to be. Legal positivism does not say
that morals and merits of the law are not important, but base the validity of a law on the presence of a government or sovereign who makes the laws,
and not
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Legal Advice For A Solicitor
A solicitor may give legal advice when it comes to buying a house or renting a flat etc. they also deal with divorce, probate, marriage etc. they also
give legal advice based around these areas. A solicitor may even represent their client in court to maximise their chance of being declared as
innocent. A solicitor is also responsible for calling in any paper work to help with any case. Solicitors also help deal with any accident that may
occur. The Law Society sets down rules and regulations about how solicitors may conduct their business. There is a Disciplinary Tribunal, which
can investigate any allegations of misconduct made against a solicitor. Solicitors also help people get mortgages if their credit rating is lower than
the required rate to get a mortgage. As a solicitor there is no uniform so they are free to wear whatever they like. If you are involved in a court case,
your solicitor will manage the case and represent you when dealing with the other party. For example, your solicitor will send letters to the other side
on your behalf.
Barristers are engaged by solicitors to work on a case. Barristers must wear white collars and a black gown when in a court case. In certain courts the
barrister is also expected to wear a wig. All barristers are self–employed and work as individuals. When a person is being trailed in court, it's a barrister
that speaks for them and presents all evidence to the judge. Barristers are not contacted directly by the public; instead they
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Legal Aid In Criminal Justice
One thing that needs to be changed within the civil justice system is a victims right to counsel, especially involving domestic violence victims that
have a low–income. The President of the Legal Services Corporation, James J. Sandman quotes that "Most Americans don't realize that you can have
your home taken away, your children taken away and you can be a victim of a domestic violence, but have no constitutional right to a lawyer to protect
you" Basically, the abuser is entitled to free legal assistance if they are charged with a crime, but there is no legal right to an attorney for victims that
try to get a restraining order or a protective order in civil cases. As the article would say, "there is no right to counsel in civil cases." Victims... Show
more content on Helpwriting.net ...
Communities should work together, communicate, organize and help their fellow neighbor more often. It is great to see that some victim assistance
programs are funded through good will contributions. However, sadly we live in a world where a large majority are consumed with selflessness, or are
forced to do so to live.
References
Bergmark, M. (2016, January 4). How to reduce domestic violence with legal assistance. Fox News. Retrieved from http://www.foxnews.com/opinion
/2016/01/04/how–to–reduce–domestic–violence–with–legal–assistance.html
Legal Services Corporation. (2017). The unmet need for legal aid. Retrieved February 15, 2017, from America's Partner for Equal Justice, http:/
/www.lsc.gov/what–legal–aid/unmet–need–legal–aid
Rizos, C. (2016, May 17). MLAC urges state senate to increase investment in civil legal aid – Massachusetts legal assistance corporation. Retrieved
February 15, 2017, from Massachusetts Legal Assistance Corporation, http://mlac.org
/mlac–urges–state–senate–to–increase–investment–in–civil–legal–aid–2/
Voices for Civil Justice. (2013). What is Civil Legal Aid? Retrieved February 15, 2017, from
... Get more on HelpWriting.net ...
Legal Relations Of The Copyright Act
Glynn claims that he is joint owner of the copyright to RUST under the Copyright Act and seeks a declaratory judgment under the Declaratory
Judgment Act. Facepunch argues that Glynn has pled that claim with insufficient particularity. Facepunch also argues that the first contract between
Facepunch and Glynn shows that Facepunch did not intend for Glynn to have any ownership interest in RUST. Under the Declaratory Judgment Act,
the court may "declare the rights and other legal relations of any interested party seeking such declaration." Federal district courts are well–situated to
hear disputes where a plaintiff seeks a declaration of copyright ownership pursuant to the Copyright Act. Section 101 of the Copyright Act defines a
"joint ... Show more content on Helpwriting.net ...
Where parties have meaningfully collaborated on a work, "it is hard to imagine" that such work is "unaccompanied by the requisite intent." Facepunch
argues that it never intended to enter into joint ownership with Glynn. Both sides agree, however, that Glynn was an independent contractor for
Facepunch and never signed any documents altering his copyright interest in any game he produced. Moreover, Glynn alleges that he wrote roughly
75% of RUST's code, making him the dominant author. Glynn's complaint sufficiently alleges that he performed a substantial amount of work on
RUST and worked closely with other collaborators at Facepunch to create a finished product. Glynn's contract with Facepunch establishes his monthly
stipend, but does not affect his rights as an independent contractor to joint authorship in his work and derivative works. The court will not dismiss
Glynn's claim for declaratory judgment. Glynn argues that Facepunch interfered with his contract or economic advantage by abandoning RUST and
replacing it with Facepunch's failed experimental game. Glynn's allegations for tortious interference relate to entirely to RUST and have nothing to do
with the contract between Facepunch and Glynn. As a result, dismissal of Glynn's interference claim as it relates to Glynn's
... Get more on HelpWriting.net ...
Examples Of Legal Formalism
Legal Formalism today
1Introduction
The legal–formalist belief in the capacity of legal rules to determine the outcomes to legal disputes without having recourse to the judge's political
beliefs or sense of fairness has been severely criticised by, amongst others, legal realists and critical legal studies scholars. This assignment will firstly
address what legal formalism entails, following which the criticisms of legal formalism will be discussed and lastly whether legal formalism can
impede the transformative ideas of the Constitution. All of the above will be analysed to determine the role of legal formalism today.
2Legal Formalism
Formalism in law refers to "the claim that well–crafted rules embodied in authoritative texts will contain ... Show more content on Helpwriting.net ...
Weinrib argues that there has not been one legal system that applied law completely coherent. If one thinks about this there can be derived that if
"complete coherence is a requirement for legitimacy, then no legal system has ever been legitimate". This cannot be accepted since law systems are
supposed to be inherently legitimate. Coherence definitely is a desirable element within law but complete coherence is not reasonable. Formalism to an
extent is required when judges are applying laws but there is uncertainty to what extent it is applicable in South African law today.
3Criticisms of Legal Formalism
There are various criticisms of legal formalism, most of these are expressed by scholars of critical legal studies and by legal realists.
3 1 Critical legal studies scholars
The Critical legal studies movement is the successor of an American realist movement. The main characteristic of this movement is the criticism of
formalism. The scholars of this movement believe that "techniques of legal reasoning – such as distinguishing cases, interpreting texts or analogizing
from one area of law to another where similar problems arise – are so flexible that they can justify more than one outcome". The scholars of the critical
legal studies movement want to achieve is
... Get more on HelpWriting.net ...
The Legal Status Of The Islamic State
This paper will examine the legal status of the so–called Islamic State with the aim of determining whether it is recognised as having international
legal personality. Focus will also be placed on the principles of international legal personality more broadly by providing a critique on the
effectiveness of these concepts in international law. Firstly a brief overview of the Islamic State will be given outlining their stated goals and
information important to supporting a claim of international legal personality. Secondly we will look at the classes of established legal persons before
going into each in more detail. A major consideration of this research is whether the Islamic State could be recognised as a State in international law. In
answering this question the traditional criteria for statehood set out in Article I of the Montevideo Convention on Rights and Duties of States 1933
(hereinafter Montevideo Convention) will be examined along with the relevant authorities and recent developments in regards to the criteria for
statehood. Secondly the consequences of where the Islamic State fits within the international legal framework will be discussed. Finally the essay will
look at the effectiveness of the concept of legal personality in international law particularly in the context of the conclusion reached in relation to the
Islamic State. The writings of a number of authoritative international law academics along with a range of academic journal articles have been used to
... Get more on HelpWriting.net ...
Legal Assignment
LEGT 2741 MAJOR ASSIGNMENT
The chances of successfully enforcing the contractual agreement between Casino Ltd. and its employees depends upon the issues raised, the rules and
subsequent applications that could be established by the trade union against Casino Ltd.
–––––––––––––––––––––––––––––––––––––––––––––––––
Issues 1. Whether Casino Ltd. (the parent company) and Caterers Ltd. (its wholly–owned subsidiary company) are considered as separate legal entities.
Additionally, whether the concept of corporate veil applies to the corporate groups (between Casino Ltd and Caterers Ltd). 2. Is it possible to lift or
pierce the corporate veil of corporate groups on the basis that: (a) there is an implied agency relationship between ... Show more content on
Helpwriting.net ...
CA s596AB prohibits a person from entering into agreements with the intention of, or with intentions that include the intention of: (a) Preventing the
recovery of employees entitlements; or (b) Significantly reducing the amount of entitlement that the employees can recover.
CA s596AC states that a person will be liable to pay compensation for contravention of s596AB: * to employees who suffer loss or damage because of
it * for actions taken to give effect to an agreement or transaction involved in the contravention.
–––––––––––––––––––––––––––––––––––––––––––––––––
Applications
Casino Ltd. and Caterers Ltd. are separate legal entities. The fact that Casino Ltd wholly owns Caterers Ltd. gives rise to the concept of corporate
groups existing between the two companies. Regardless of this, one company is separate from the other company and the concept of corporate veil
applies.
The court may pierce the corporate veil when there is an implied agency relationship inside the corporate groups. By applying the 6 point test from
SSK case in an orderly manner, Casino Ltd. may have argued that the profits earned by Caterers Ltd. are separate from them, given that distribution
was made in the form of dividends. However, in reality the profits belong to Casino Ltd. This is because all the profits are given to them and Caterers
Ltd. gets nothing. This means that the first criterion is satisfied. Additionally, since all the
... Get more on HelpWriting.net ...
Why Pursue Legal Education
Through the trajectory of my life, there have been many experiences that have contributed to my drive to pursue a legal education and seek social
justice. From my family, to my volunteer activities, to my present employment; every single thing I have taken part in over the last 21 years has
played a role in my desire to study and practice law.
Last December, I received the most definitive phone call of my university career. I was selected amongst a high number of applicants to be the Head of
the Social Science Orientation Program. I had committed countless hours to this program, my team, our charity initiatives, and my first–year mentees. I
was now responsible for selecting, training, and leading 90 volunteers through the execution of a successful orientation week, and first year, for 1,700
incoming students. Beyond my designated role of implementing programming and managing a $20,000 budget, I had two crucial obligations within
this position. First, I was to build a team with strong leadership skills, to ensure that the incoming class would receive adequate ... Show more content
on Helpwriting.net ...
My goal is to use my education and critical thinking skills to find solutions and light in dark situations. I want to pair my commitment to justice and my
compassion for others with a law degree in order to have the chance to improve the quality of life of those in need and help them to regain hope. The
University of Ottawa Faculty of Law can provide me with that chance. Ottawa's Law school shares my passion for leadership and community
engagement, as made evident through the variety of hands–on experiences available through legal clinics that work closely with the law school. At
Ottawa, I can achieve an exceptional education and continue my active involvement on campus and within the community. The opportunity to real
world academic experiences while providing assistance to those in need stands out to me as a perfect
... Get more on HelpWriting.net ...
The Law And The Legal System
I am the daughter, granddaughter and niece of attorneys and, therefore, have been exposed to different parts of law and the legal system for most of
my life. Throughout my childhood I have seen how attorneys prepare for trial, the effort they put into trial, and the research and information gained
before and during the trial. However, prior to my observation of the court for this paper, I had never been inside a courtroom. Having heard about the
going ons and different processes of the court it was an eye opening experience to attend court. I observed both the District and Superior Courts of
Rhode Island at the courthouse in Washington Square in Newport. I observed both a femalejudge, Judge Hastings of District Court and a male, Judge
Stone of Superior Court, judge. There were differences between the behaviors of the attorneys and the members of the court when the judge was not
sitting on the bench, differences in the types of cases presented to each level of the court, and differences in the behaviors of the judges.
The first court I observed was District Court. The judge that was sitting on the bench was Judge Hastings. Soon after I arrived at the courtroom Judge
Hastings called for a short recess, which became an hour–long recess. This recess gave me the opportunity to observe individuals in the courtroom,
particularly the different attorneys. I was greatly interested in how the attorneys interacted with each other and with their clients. Many of those
... Get more on HelpWriting.net ...
Rights Of The Legal System
Right to Legal Counsel "Access to justice" refers to one's ability to access the legal system to enforce one's legal rights. Without access to the legal
system, an individual's legal rights are meaningless. The maldistribution of legal services has rendered "the ideal of equality before the law an empty
promise." Ensuring access to justice is cumbersome, as a constitutional right to legal counsel will impose a considerable "burden on taxpayers." The
Charter of Rights and Freedom (the "Charter") guarantees the right to legal counsel for criminal matters. Conversely, right to civil legal aid only arises
when "someone's life, liberty, or security of the person is threatened by state action." The state action requirement excludes all ... Show more content on
Helpwriting.net ...
Extra–legal solutions aim to incentivize practicing lawyers to engage in pro bono work. This paper will focus on incentivizing lawyers to do pro
bono work. First, the paper will discuss the main barrier to pro bono work and then it will suggest a general framework to address the barrier. The
main barrier to pro bono work is liability risk, which should be shifted to an insurance provider.
The main reason behind private practice lawyers' reluctance to take on pro bono cases is liability risk. In Canada, most practicing lawyers have
professional liability insurance coverage. According to the Federation of Law Societies of Canada ("FLSC") report, in Ontario, 85 out of 125
charges laid resulted in conviction. Overall, LawPro (main insurance provider to lawyers in Ontario) received 5140 complaints. Even though there is
only 1.65% chance of a successful malpractice claim (but 68% chance if a charge is laid), lawyers are still fearful of such claims. Lawyers practice
meticulously because mistakes will end their career. For example, the team of lawyers that drafted the contract in the comma case will likely not be
hired again. The legal profession is reputation based. Clients expect expertise, competence, and perfection. Failure to deliver less than a perfect
document that costs the client money will ruin the lawyer's reputation. The time between the retainer agreement and closing letter, lawyers are
vulnerable. The opposing counsel cannot harm the lawyer as
... Get more on HelpWriting.net ...
Lawyers : Legal Issues And Disputes
Lawyers advise and represent individuals, businesses, and government agencies on legal issues and disputes.
Lawyers typically do the following:
Advise and represent clients in courts, before government agencies, and in private legal matters
Communicate with their clients and others
Conduct research and analysis of legal problems
Interpret laws, rulings, and regulations for individuals and businesses
Present facts in writing and verbally to their clients or others and argue on their behalf
Prepare and file legal documents, such as lawsuits, appeals, wills, contracts, and deeds
Lawyers, also called attorneys, act as both advocates and advisors.
As advocates, they represent one of the parties in criminal or civil trials by presenting evidence ... Show more content on Helpwriting.net ...
However, some travel to attend meetings with clients at various locations, such as homes, hospitals, or prisons. Others travel to appear before courts.
Lawyers who represent clients in court may face heavy pressure during trials.
The majority of lawyers work full time, and many work long hours. Lawyers who are in private practice or those who work in large firms often work
long hours, conducting research and preparing and reviewing documents.
All lawyers must have a law degree and must also typically pass a state 's written bar examination.
Becoming a lawyer usually takes 7 years of full–time study after high school–4 years of undergraduate study, followed by 3 years of law school. Most
states and jurisdictions require lawyers to complete a juris doctor (J.D.) degree from a law school accredited by the American Bar Association (ABA).
ABA accreditation signifies that the law school–particularly its curricula and faculty–meets certain standards.
A bachelor 's degree is required for entry into most law schools, and courses in English, public speaking, government, history, economics, and
mathematics are useful.
Almost all law schools, particularly those approved by the ABA, require applicants to take the Law School Admission Test (LSAT). This test measures
applicants ' aptitude for the study of law.
... Get more on HelpWriting.net ...
What Is Separate Legal Entity?
The veil of incorporation state the company is a separate legal entity from its members such as shareholders, directors and employees. (Lawyr.it,
2014) Separate legal entity defines a company can employ its own members, limited liability and ability to hold property in its name. Normally,
the courts would not look behind the veil of incorporation because it is separate legal entity. The courts agree to lift the veil of incorporation
where 'justice of the case demands' or if the veil has been misused. (Legalserviceindia, 2014) Once the courts lift the veil of incorporation, there are
no more separate legal entity, so who are using the veil of incorporation as a protection to escape from legal responsibility after they go against the
law and now they can be sued by innocent party. The courts will lift the veil of incorporation when it is in a certain of circumstances. There were
some circumstances need to remove the veil of incorporation and it were supported by some case law. Firstly, the main purpose of promoter set up
a company is to avoid or dishonestly evade an existing legal duty or to commit fraud. From the case law of Gilford Motor Co. Ltd. V Horne (1933)
(Economictruth, 2013)as a mirror to reflect the circumstances of dishonestly evading the promoter's existing legal duty. Mr Horne was a car salesman
for Gilford Motor Co.Ltd and he left the company. He was personally bound by a contract which mentioned after he left the company, he wasn't
allowed trade with his
... Get more on HelpWriting.net ...
Legal Differences And The Legal Types Of A Business...
Identify and describe the legal categories of a business organization contrasting tax–related advantages and disadvantages. There are three main forms
of business organizations that are commonly known globally; they include; Sole Proprietorship, Partnership as well as Corporation. Looking at the
Sole proprietorship, it is conventionally known as a business run by one person who is also the owner. This means that the owner has 100% control
over the business. This form of business organization is easy to establish since it needs very few legal requirements. There is also no need of having
partners or shareholders and the taxes paid in this business organization is only on the income generated. That means that after paying the taxes, all
remaining profits remains with the owner. Disadvantages of this structure include less share of expertise since the owner is the only partner. The
owner also has unlimited liability for the debts and any malpractices which also includes bearing all maintenance costs (Beyer et al. 2010). For the
partnership, it involves more than one player who is also involved in the business structure. The partners share all costs and profits after entering into an
agreement that intends to share any commercial interests. The partners also contribute funds to start and operate the business as the starting capital.
This means that there is a pool of experience and resources by the two and the partners share the taxes. The disadvantages of this form of
... Get more on HelpWriting.net ...
Consent And Its Types And Legal Fundaments
This essay will introduce the concept of consent, briefly identify its types and legal fundaments, look at significance of consent in a healthcare
provision and illustrate the main issues involved with patients' consent with midwifery practice as the focal point of interest. According to Medical
Dictionary (2003) 'consent' is an 'act of reason', voluntary agreement to proposed treatment made by a mentally capable person upon receiving relevant
information. Patients' consent is closely associated with individuals' liberty, person's autonomy and the right to decide about themselves and their body
with assumption of taking full responsibility for decision and its consequences (Frith and Draper, 2004). Department of Health (2009) precisely defines
types of consent: written, verbal and expressed non–verbally. The validity of consent does not rely upon the type; however, written consent may serve
as evidence. For the validity of patient's consent is essential to determine person's ability to make a decision, give enough information and clarify if
the information given is clearly understood. Consent is valid only when given 'freely, without pressure or undue influence being exerted (...) from
partners or family members, as well as health or care practitioners' (Department of Health, 2009 p.11). There is no specific law covering consent
issue; however, it is underpinned by different Acts and rules such as 'The Code. Professional standards of practice and behaviour for nurses
... Get more on HelpWriting.net ...
Legal Underpinnings Of Business Law
Legal Underpinnings of Business Law
Shalanda Burgess
Bus670: Legal Environment
Instructor Gary Gentry
September 14, 2014 Introduction
In this paper I will measure how liability exposure differs amongst each business level when business owners and leaders are face with litigation.
Tinkers Home Security Service business is being sued by a former client due to a breach of contract.
Business Forms
According to Seaquist (2012) the most common forms of businesses are Sole proprietorships, Partnerships, Limited partnerships, Corporations, and
Limited liability companies (LLCs). (para. 1). These five business structures are based on the number of owners and the type of service or product that
will be offered.
1. Sole proprietorship. A business owned and operated by only one individual.
2. Partnership. A popular business relationship owned by two or more people for profit.
3. Limited partnership is an entity that is created by permission of the state whose ownership is represented by stockholders.
4. Corporation is a separate entity from its owners–the shareholders, that handles the responsibility of the business.
5. LLCs. A business formed by permission of the secretary of state's office. Its owners are referred as members. Each member report profit and loss on
their own personal tax return. LLCs are not a separate tax entity.
Under each business entity there are potential internal and external challenges and risks that are associated. Businesses may face economy
... Get more on HelpWriting.net ...
Natural Law And Legal Positivism
The contrast between Natural Law and Legal Positivism is a necessary starting point for those who wish to understand the relationship between law and
morality, and the most varied manners in which it influences society to this day. When it comes to analyzing which theory offers the most
well–rounded idea of law, one can argue that Legal Positivism provides the best definition of what law is at its essence. However, because Legal
Positivism came to exist as a critique to what was proposed by Natural Law theorists, it is significant that both are explored in depth as means to
support such argument.
Natural law theory is based on human nature and its predisposition to do good. The determination of what's good and evil, however, is often drawn ...
Show more content on Helpwriting.net ...
In fact, it argues that at times, it is possible that for the law to be immoral.
The biggest difference between the writings of Austin and Hart might be that the former while setting the framework for a plausible theory, fails to
elaborate on its most basic premises. Hart expanded on legal positivism by enhancing the theory suggested by Austin and making it more credible, all
while debunking natural law theory. One example is the manner in which Austin argues that the concept of law is subject to the command of a higher
authority backed by threats. Although this is a way in which law can be presented, it is also a simplistic definition. Hart argues that although Austin's
definition of the law might be applicable to criminal law, it fails to justify other variants of legal process such as contracts or marriage licenses. He
argues that "Such laws do not impose duties or obliВgations. Instead, they provide individuals with facilities for realizing their wishes, by conferring
legal powers upon them to create, by certain specified procedures and subject to certain (p. 27)" It is difficult to associate laws such as the ones
concerning marriage to the idea of a command backed by threat. The differentiation between laws that grant liberties when compared to those that
might take them away is something that is not taken into account by Austin or explored in depth by natural law theorists such as Aquinas.
The
... Get more on HelpWriting.net ...
Legal Services Act 2007 Analysis
The Legal Services Act 2007 has changed the way in which legal services are regulated in England and Wales by creating a new structure for legal
services. The act allows lawyers and non–lawyers to form businesses together and also permits non–lawyers to be involved in the management or
ownership of businesses that provide legal services, known as Alternative Business Structure (ABS). Prior to the commencement of the Act, reserved
legal activities were regulated by legal professional bodies and there were restrictions on the type of business structure through which legal services
could be provided. The Association of Costs Lawyers, formerly known as the Association of Law Costs Draftsmen, is the representative body for Costs
Lawyers. Under
... Get more on HelpWriting.net ...
Legal Services And Legal Service
Commoditisation is defined as removing the uniqueness from a service, rendering it generic. Legal services, in this context, comprises of different
entities giving legal advice to the public. The commoditisation of legal services describes how there has been a recent rise in the number of legal
services and legal fees are starting to become the only difference between them . A commercial approach is applying the law in a business sense.
Therefore, I will be discussing the controversy regarding whether the price–based competition in the legal sector will make legal services a commodity
in the future and if taking a commercial approach whilst giving legal advice will increase or reduce its quality.
The preconception that access to legal services is expensive may stop areas of society from using them. The recent legal aid cuts, which stood at 8.75%
in 2015, could lead to the assumption that receiving legal advice is too costly and potential consumers may not subsequently use the legal services
in any form. Also, as it is becoming normal for legal disputes to be settled outside of court, acknowledging the high cost of legal fees due to its link
with commerciality, potential consumers may look for cheaper alternatives to using legal services and they may seek to avoid paying what they feel
might be extortionate fees for legal advice which may not reach their expected standard. The belief that legal services are not accessible and the lack
of faith in its effectiveness may reduce
... Get more on HelpWriting.net ...
The Legal System And Ethics
The Legal System and Ethics Mid–Term Exam Andrian Lord Intro What is a world without laws? Would that be the same as asking what is an apple
without its color? Or perhaps the simple question of why does one tie his or her shoes the way they do? Even better, why is it illegal to walk nude
amongst peers in the open? Maybe because the law says so. But what is law. Is it this natural thing or is it man made? Do we follow them on our
own accord or do so because the law says so? All of these questions are rooted in one's ability to effectively distinguish and interpret positive law and
natural law. Before one can answer any of those questions we must go back in time before the development of positive and natural law in order to
interpret its meaning and show how intellectual thought of the past, and even in today's time was mirrored after these laws. Origin/Development The
Classicalist approach marks the earliest stage for the debate about the development of natural an positive law. For starters classicalism takes natural and
positive law to a new intellectual level through the use of two fundamental theories, Teleology and Intellectualism. Through Teleology, early
philosophers asserts that human activity and interaction are inherently purposeful, or have purposeful end that exceeds the extent of reality to a place
of Eudaimonia . Intellectualism assumes that human actions are a result of rules that transcended the original state of man's mind into this new state of
mind
... Get more on HelpWriting.net ...
Plaintiff's Legal Billing Summary
NICHOLAS W. ROGERS, ESQ., being duly sworn on oath says: 1)That he is the attorney of record for Plaintiff in the above–entitled action. 2)That
attached hereto as Exhibit A is a true and correct copy (with redactions and annotations) of Plaintiff's legal billing summary (including a description of
the work performed, the identity of the lawyer or legal assistant performing the work, and the hourly rate sought for the work performed) for attorney's
fees incurred through July, 2017in the above–referenced matter. 3)That attached hereto as Exhibit B is a true and correct copy of Plaintiff's costs and
disbursements incurred through July 5, 2017 in the above–referenced matter. 4)That the normal hourly rate for the Attorneys who performed
... Get more on HelpWriting.net ...

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Legal Validity Through Natural Law Lens

  • 1. Legal Validity Of Natural Law Legal Validity in the View of Natural Law By: Micah A. Davis October 7, 2014 Abstract In this paper, I will propose that it is better to look at whether a law is legally valid or not through the perspective of natural law theory as opposed to positivist theory. My argument consists mostly of the language of "improvement" which can only exist based on the theory of natural law which states that law is something which has an objective truth behind it. Only when there is an objective mark to hit can there be hits and misses and I believe that positivism disregards the possibility of hits and misses entirely. So, my argument is that it makes more sense to consider legal validity of a law from the perspective of natural law rather than positive law because it includes not only the previously set up legal system when considering validity, but it also considers the general idea of some kind of morality as well. A sub argument is that the starting legal system must have had some basis by which to have been created and accepted which must be some form or notion of morality. Legal validity is how valid or forceful or authoritative a law is within a system ("Validity"). There are many different ways to interpret what it means when a law within a system changes. One way to view it is in a positivist perspective. That perspective claims that when a judge changes a law, he is simply stating it based on the words in the law and his interpretation of words, ... Get more on HelpWriting.net ...
  • 2. Raz On The Autonomy Of Legal Reasoning The autonomous nature of legal reasoning is the subject of much contention amongst legal actors and is understood to be restrictively in positivist Raz . In his paper On the Autonomy of Legal Reasoning Raz asserts that legal reasoning – reasoning according to law – is an instance of moral reasoning, that legal reasoning is not, in the strong sense, autonomous. This view is based on the assumption that legal doctrines are only justified if they are morally justified. Below, follows an appraisal of the various justifications of this assertion and a defence of Raz's position on the autonomy of legal reasoning. Legal positivism formulated by English jurist John Austin characterises the system of laws, the existence of which, is dependent on social facts . Positivism accepts the Separation thesis– that there is no necessary connection between law and morality . To this end, it denies any necessary moral criteria of legality . Furthermore, it does not necessarily accept that moral principles can directly determine whether certain rules are valid law, as naturalism does . ... Show more content on Helpwriting.net ... According to Raz, the former is underpinned by the Sources thesis which states that all law is source–based; that is, its existence and content can be determined by reference to social facts alone. The latter is moral reasoning – a conscious process that consists of transforming given information about people , in this case a process of empirical analysis, moral reasoning, and deduction from serious rules. Thus, it follows from his argument, that reasoning about or according to the law is an occurrence of the transformation of given information about ... Get more on HelpWriting.net ...
  • 3. Australian Legal Aid The importance of legal representation to those considered to be poor or disadvantaged is vital to the outcome they receive in legal processes. In saying this, eligibility for public funded representation such as legal aid can be difficult to obtain (Hall 1993). Legal aid provides assistance to people unable to afford legal representation and access to the court system (Hall 1993). Legal aid is defined as a grant of legal assistance free–of–charge, for people who cannot afford their own representation and meet certain criteria such as a means test to determine eligibility (Australian Government 2017). Published research has illustrated that the chances of people being successful rises from 20 percent to 35 percent when professionally represented ... Show more content on Helpwriting.net ... Many Australians often report that the civil justice system is too slow, and litigation costs are too high (Productivity Commission 2014). The concepts of timeliness and delay are complex elements of the CJS, involving the delay of courts and government (Reinman & Leighton 2015). It is estimated that 90 percent of cases in a lower civil court will be finalised within six months of commencement (Sourdin & Burstyner 2014). Research suggests that 'many litigants in the higher courts are dissatisfied as a result of delay, inefficiency and disproportioned legal costs' (Sourdin & Burstyner 2014, p. 48). A litigant of a recent study claimed that his case took five years to settle, with each dismissal involving more costs (Sourdin & Burstyner 2014). The costs of accessing and securing legal services is one of the main causes preventing people effective access to the justice system (Productivity Commission 2014). As Reiman and Leighton (2015) mention, when it comes to the two parties against one another, it is more likely the one with the higher income will win the case. In saying this, if a person cannot afford to go to court, that will greatly affect whether they receive just outcomes in the criminal justice system (Reiman & Leighton 2015). According to Sanderfur (2009), when people choose not to resolve their disputes through legal professionals, it is often because of financial costs, uncertainty about rights, and that it would take too long. In saying this, parties have the option to resolve their disputes in many ways. This includes through the courts, tribunals, or a relative ombudsmen service (Reiman & Leighton 2015). Each of these options differ in cost and timeliness (Reiman & Leighton 2015). In recent years, alternative dispute resolution (ADR) has gained popularity over law suits in state and federal courts (Bergeson 2010). The ADR process ... Get more on HelpWriting.net ...
  • 4. The Legal Troubles Of The Field Of Law "Wicked people never have time for reading. It's one of reasons for their wickedness" (Lemony Snicket). Lawyers must read, think, and analyze. They have to have an open and broad prospective of the world. Anybody entering the field of law must understand they will spend many years in college. Lawyers must receive lot of acknowledge because lawyers must know every single detail about it. Once they know and learn everything about the law field, they start having responsibilities and dealing with people's cases, however they won't struggle because they've had plenty of practice. Within time you will know how much and how you're going to be paid that's why it is important to know what you're doing as if you don't you will have no clients so no money. Lawyers are very important because they help people with their legal troubles in the civil or criminal area, therefore, it is important to analyze the educational requirements, job responsibilities, travel opportunities, and salary before entering the career field. The educational requirements of a lawyer are to have a bachelor's and juris doctor degree. "Required college and law school education usually takes four years of undergraduate study followed by 3 years of law school. Law school applicants must have a bachelor's degree to qualify for admission" (CAREER GUIDANCE CENTER). The education requirements you need is doctoral and bachelor's degree. You need both of these become a law school applicant and obviously you'll need ... Get more on HelpWriting.net ...
  • 5. Legal Rule Of Downstream Confusion So far, the Sixth Circuit has only applied downstream, or post–sale, confusion, to cases involving knockoff products, but the legal rule of downstream confusion should also apply to non–knockoff products. The Lanham Act's text and the legislator's intent while modifying the Act suggests that downstream confusion applies to products other than knockoff products. 15 U.S.C. В§1127 (2012). Also, the Sixth Circuit has substituted point–of–sale confusion with post–sale confusion before, and should again in our case. Lastly, courts outside of the Sixth Circuit applied downstream confusion to cases that did not involve knockoff products. First, the text of the Lanham act suggests that products other than knockoff products can create downstream... Show more content on Helpwriting.net ... Gibson Guitar Corp. v. Paul Reed Smith Guitars, LP, 423 F.3d 539, 552 (6th Cir. 2005). Ferrari is distinguished from Gibson because in Gibson the court found that the two defendant's products were not "clearly inferior" to the plaintiff's product, which led to the court finding that post–sale confusion could not serve as a substitution for point–of–sale confusion. Id. Lastly, cases outside the Sixth Circuit have ruled that products other than knockoffs can create downstream confusion. The courts in Lois Sportswear and Payless both are examples of cases where non–knockoff products created downstream confusion. Lois Sportswear, U.S.A., Inc. v. Levi Strauss & Co., 799 F.2d 867, 872 (2d Cir. 1986);Payless Shoesource, Inc. v. Reebok Int'l Ltd., 998 F.2d 985, 987 (Fed. Cir. 1993). In Lois Sportswear, the court explained that the confusion occurred when a consumer saw the familiar stitching pattern on the defendant's jeans and associated "the jeans with appellee and that association influence[d] his buying decisions." 799 F.2d at 872. The court makes no mention nor implies that the defendant's jeans were a knockoff of plaintiff's jeans. Similarly, in Payless, a case in the federal circuit, Reebok contended that "[post–sale] confusion occurs . . . when a consumer observes someone wearing a pair of Payless ... Get more on HelpWriting.net ...
  • 6. Legal Positivists And Natural Law 'An unjust law cannot be a valid law' In the light of Natural Law and Positivist theories, assess the accuracy of the above statement. To what extent are legal positivists and natural law theorists accurate in terms of the idea that 'an unjust law cannot be a valid law'? In this essay i will attempt to define the concept of the validity of law in relation to both natural law theorists and positivist theorists. For the purpose of this essay I will define validity of a law as "Having legal force; effective or binding" (The Free Dictionary). The main reason for the continual debate between both theories is that they are both very similar although they may appear to be at contrary ends of each spectrum. Natural law theorists believe that in order for a law to be valid it must have some moral principle therefore if laws which are enacted in statues have no authority, they are not moral. Whereas positivists support and emphasise the importance of a division between morality and law. I will begin by outlining both theories. I will then move onto asses the accuracy of the following statement, 'An unjust law cannot be a valid law' this includes establishing the similarities and differences of both theories; in order to do this effectively it is essential that a thorough understanding of both theories has been developed. Finally I will summarise my findings, An unjust law cannot be a valid law – true or false? The first question we need to address in order to be able to assess this ... Get more on HelpWriting.net ...
  • 7. Barclays Restaurant: Legal Analysis The staff that will be part of the Barclays Restaurant must be diligent and hardworking, the employees will have full time or part–time contracts, depending on the demands, and we could count with reinforcement in rush hours where the number of visitors increases. The hours of opening to the public are going to be the maximum amount of hours possible seven days a week, considering that the restaurant be available to customers throughout the day. 4.4 LEGAL ANALYSIS In forming a new company, the company will be subjected to a series of legal proceedings; these proceeding govern the activities and business transactions, employment and the same civil rights of the people directly related or indirectly with the company. A new company, regardless ... Get more on HelpWriting.net ...
  • 8. Legal Assistance For Legal Aid Legal aid is a government funded service for legal help for every New Zealander, particularly for people with low income, and cannot afford a lawyer. The service may help people to resolve their legal problem that may go to court, and make sure they are not denied justice because they cannot afford a lawyer. Despite these measures, concerns about the affordability of thelegal aid system has arisen. Legal aid cost continued to grow, where Ministry of Justice encouraged clients to set up a repayment plan. This matter was considered, because legal aid expenditure was more than $100 million in debts. According to New Zealand Herald (2015), "approximately $10 million of legal aid debts were written off by Justice Ministry officials in 2014." Why has the Ministry of Justice concurred to write off millions of dollars from legal aid debtors? How will the taxpayers react? Was legal aid provided only to people who really needs it? This paper introduces the system of legal aid and also focussed on the ethical dilemma between legal aid and the society. It is based on the most valuable material on the theme of literacy. Life can be hard to go through when a difficult problem and struggles can arise at any given moment. Legal aid introduced in the 19th century, to give legal assistance for New Zealander with low income and are unable to afford a lawyer. It has been available almost all court actions across all levels of the court system. Legal aid provides legal assistance to people ... Get more on HelpWriting.net ...
  • 9. The Doctrine Of Separate Legal Personality In this essay I will begin with the concept of a company having a separate corporate personality and limited liability with their importance in company law. The doctrine of separate legal personality which was made by the House of Lords in Salomon v Salomon and co ltd (1897) was the landmark case. Furthermore I will describe the concept of the 'veil of incorporation'. I will give relevant cases of when the veil of incorporation can be lifted by the courts and statuary provisions, for instance, s.16 Companies Act 2006 and incorporate different viewpoints of the judges. Finally I will state whether or not I agree with the given articulation. 1.1The consequences of incorporation – Corporate Personality The doctrine of Separate legal personality "has long been regarded as a cornerstone of English law". The main substance of a company is that it has a corporate legal personality different from the members who form it. As a consequence of the separate legal personality granted a company under s 16(2) of the... Show more content on Helpwriting.net ... Salomon was a boot and shoe maker who has been working for over 30 years. He took all the shares of the firm except six, which were held by his wife, daughter and four sons. Part of the payment for the transfer of the business was made in the form of debentures issued by the company to Salomon. Salomon transferred the debentures to Mr. Broderip for 5000 pounds, in exchange for a loan. Liquidation was not long in coming. The sale of the company's assets did not realize enough to pay the lenders. The liquidators claimed that the debentures have been deceitfully issued and were invalid. He denied that the business was transferred lawfully from Mr.Salomon to the company. The judge who heard the case initially conceded that the transfer has been legally done and could not be upset. He suggested (Broderip v Salomon ) that Mr. Salomon has employed the company as an agent and that he has to indemnify the agent. In the court of appeal Salomon's appeal was ... Get more on HelpWriting.net ...
  • 10. Characteristics Of Legal Positivism There are two approaches that can be adopted as to what would amount to a legal system. On the one hand are theories that treat the concepts of law and legal systems having certain moral dimensions–on this view, a body of rules might be said to count as a legal system only if it is aimed at the common good or enforcement of justice. The other approach, which is a characteristic of legal positivism, offers an account of law and legal systems that is morally neutral in character. Legal systems are characterized on this view, by the existence of certain types of institutional arrangements rather than by moral purposes they may or may not serve. The starting point for Fuller's theory is the suggestion that formal characterizations of human institutions, independently of their purpose, must be illusory and inadequate. In other words, for the better understanding of concepts one must know their purpose. In Fuller's opinion, the characteristic features of legal systems that have provided the focus for legal positivist as such is ... Show more content on Helpwriting.net ... L. A. Hart, the concept of law need not be understood by reference to any moral standard or purpose. Law, in Hart's view, can be used for many different purposes, some of them good and some bad. If one had to describe a particular purpose which was a necessary feature of law, it would have to be something highly general and morally neutral such as 'the provisions of rules for the guidance of conduct'. However, this is not really self explanatory or fully intelligible and requires a further explanation. The natural law tradition of thought would supplement such an explanation of law's purpose with an account of how rules serve justice or the common good o other values: once one has seen how the provision of rules overcomes certain problems inherent in the human condition, one has understood laws nature. Although, for Hart it is not that the establishment of rules lacks a point, that it may serve huge diversity of different ... Get more on HelpWriting.net ...
  • 11. Legal Forms of Business Legal Forms of Business: Week 2 Legal Forms of Business In business, the first decision that is made is usually the most difficult. When making business decisions, the owner must decide what types of business organization is the best for the company. There are seven forms of business that will be discussed as well as scenarios in which each of these forms of business would be the preferred form. This paper will also justify why the corresponding business form is preferred. The forms that will be discussed are: sole proprietorship, partner, limited liability partnership, Limited Liability Company, S corporation, franchise, and corporate form. Sole Proprietorship A Sole Proprietor is someone who owns a business by... Show more content on Helpwriting.net ... S corporation status provides many of the benefits of partnership taxation and at the same time gives the owners limited liability protection from creditors. Scenario: A company that is taxed as a corporation, has more than 100 shareholders, and has one class of stock, classifies the company as an S Corporation. Franchise A franchise is a right granted to an individual or group to market a company 's goods or services within a certain territory or location. There are companies that fall up under the franchise umbrella such as McDonald's, Subway, and Pizza Hut. Many people think of restaurants or fast food businesses when they think of franchise. There are over 120 different types of franchise that consist of automotive, health and fitness, financial services, and cleaning and maintenance, just to name a few. Scenario: A person is interested in starting a business and would like to own a Taco Bell. The best form to use is the franchise. This would require the owner to buy into the franchise. Corporate The Corporation form is used to solve the typical problems of the partnership. Incorporating allows a group of owners to act as one. This is similar to the way a partnership is operated as well. Since a corporation is a separate legal entity capable of being sued, it can protect its owners by absorbing the liability if something goes wrong. In a corporation, the owner is allowed to hire ... Get more on HelpWriting.net ...
  • 12. Legal Funding Disadvantages Nowadays, hiring a lawyer in UK and Wales can be quite expensive. A trainee solicitor in Great Britain hourly rate can start from a hundred and eleven pounds per hour and ranges from this to a first grade solicitor in London who would charge four hundred and nine pounds per hour . It is obvious that not everyone can afford the price of justice. Legal funding is vital as this can give a chance to people that are of lesser means, to review their case. There are various types of legal funding that I will examine in my essay for example, legal aid, private funding, conditional fee agreements, damages–based agreements and pro–bono. However, there are some ethical complications related to how these types of funding is used. Are they really used wisely and fairly based on their scope? I am going to consider the advantages and disadvantages of the various types, in order to come to a conclusion. On the other hand, there are many people claiming that technological innovations would be a very good way to compensate for lack of funding. Technological innovations such as, robot lawyer Lisa , Lexis Nexis chatbot and kiosks. Forms of legal funding Legal aid: After the Second World War the Labour Government tried to a build a welfare state in order to reduce the inequalities between rich and poor class . One of their measures was the state– funded legal aid scheme .That would give the opportunity to poorer people to get legal advice and ... Get more on HelpWriting.net ...
  • 13. The Availability Of Legal Aid Justice is at the heart of a democratic society. It means laws should apply equally to all, and that everyone should have the right to a fair trial. It is part of our rights as human beings and we ought to be able to bring our dispute before an independent judge for them to be settled. This essay seeks to look at the availability of legal aid in the 21st century and if it is still "open to all, like the ritz hotel" like suggested by Sir James Mathew. "What does "access to justice" mean, if not a fully FUNDED legal aid system? Is it a noble aspiration that should lift our hearts, or is it a load of meaningless tosh peddled by politicians and lawyers to suit their own self–serving ends?" . Before we can begin to look at Legal aid and its excerpts, we must explore Access to Justice and what it means in relation to the subject matter. Access to justice means knowing and being able to enforce your rights and duties, having access to courts and tribunals. Access to justice is not the same principle with legal aid, rather access to justice is the principle of being "treated fairly according to the law and if you are not treated fairly being able to get appropriate redress". "That doesn 't just mean access to lawyers and courts. It means access to ombudsmen, advice agencies and the police law. It means public authorities behaving properly. It means everyone having some basic understanding of their rights. It means making law less complex and more intelligible" . Why should we ... Get more on HelpWriting.net ...
  • 14. The Canadian Legal System Women In the Canadian legal system women are the underdogs. They continue to face oppression, domestic violence, pay inequity, social discrimination and misrepresentation by the law. There are many feminist groups in Canada that advocate for equal rights for women. When they were active, NAWL was a leading organization in promoting and lobbying for equality for women in Canadian law. The National Association of Women and the Law (NAWL) is a non –profit feminist organization that advocated for equal rights for women through the legal system. The group is made of many members across Canada, representing lawyers, students and other legal professional who shared an interest in feminist advocacy. The association was founded in 1974 at a conference ... Show more content on Helpwriting.net ... NAWL works to end racism and colonialism, remove barriers faced by women with disabilities and oppose all other forms of oppression and discrimination. NAWL works to ensure women's economic and social security by advocating for social justice and the meaningful participation of women in Canadian society and in the decisions that affect their lives, families and communities. NAWL is committed to eliminating all forms of violence against women and children, and to ensuring reproductive choice for women. NAWL is a collaborative women–centered organization that strives to be regionally representative, bilingual, and genuinely representative of marginalized women. NAWL engages in well–reasoned, informative, innovative research, lobbying and popular education on issues relevant to women's lives and experiences. In developing its policies and positions, NAWL applies an integrated feminist analysis that reflects its commitment to ending all forms of discrimination against women. NAWL is committed to working collectively and in coalition with other groups to dismantle barriers to all women's equality. There are number of ... Get more on HelpWriting.net ...
  • 15. Educational Law And The Legal Service On the face of it, clinical legal education is beneficial to both the student cohort and the local community as it provides students with the opportunity to gain practical experience while delivering a service to the public. It is defined by Kerrigan as 'learning through participation in real or realistic legal interactions, coupled with reflections on this experience'. Through this, a focus is placed on facilitating learning through a practice–based approach grounded on client interaction. This generates a natural tension between fulfilling the educational aims of a clinic and the legal service needs of clients. This paper will examine such tensions, practically and theoretically, in respect to pedagogical instruction and lack of supervisory resources while providing personal reflections. It will conclude that there is–to an exaggerated extent–an imbalance between the educational aims of law clinics and the legal service needs of clients; however, this is not to the detriment of the client as it does not affect the quality of legal aid given by students. Exploiting Vulnerable People for Pedagogical Benefits Educational law clinics raise the ethical dilemma of exploiting vulnerable people in society for pedagogical benefits. As such, if a supervisor believes that a case provides an inadequate educational benefit, it may be turned away; or in circumstances whereby a case has been opened, closed. Nicolson argues that this refusal to help these clients can prove to be ... Get more on HelpWriting.net ...
  • 16. Legal Forms of Business Paper Legal Forms of Business Paper Law/531 June 3rd, 2011 University of Phoenix Legal Forms of Business Paper Selecting the best form of operating a business depends on the type of business the owner wants to run. The owners have to pick the structure that best meets their needs. "The selection depends on many factors, including the ease and cost of formation, the capital requirements of the business, the flexibility of management decisions, government restrictions, personal liability, tax considerations, and the like" (Henry Cheeseman, 210, p. 529) Moreover, choosing the right form to run a business will also determine how the business is organized, how the cash flow is, and how the business is taxed. "The most common... Show more content on Helpwriting.net ... Sole proprietorship was precluded because the business will be run by Monica and Susan because they have the necessary skills to be successful entrepreneurs. In this scenario, Vic will provide capital and will take a passive role in managing the business, she sill obtain profits because of her involvement in the business. For not facing some problems among them, they will have to reach an agreement generally written to state how shares will be handled; this is common called a limited partnership agreement. "This agreement sets forth the rights and duties of the general and limited partners; the terms and conditions regarding the operations, termination, and dissolution of the partnership; and so on" (Henry Cheeseman, 210, p. 547). The limited partnership agreement will set forth the transactions that managers and investors can approve. This document also states the how earnings and losses will be distributed among the partners. Limited partners have also the right of being informed by general managers about the business performance and the business financial status. If Susan or Monica wants to admit a new partner, the new candidate to operate the business can be included if Vic approves this, unless the agreement document states otherwise. Limited partnership is easy to set up, and to appeal investors as limited partners. This ... Get more on HelpWriting.net ...
  • 17. Legal Drnc Legal Memo: Scenario #6 CRJ 550 Legal Issues in Criminal Justice Administration Catherine Scott Saint Leo University Abstract The following memo describes the events that have taken place in Saint Leo Police Department as it relates to the Sheriff's findings in Officer Narcissus office computer. It will contain a summary of the Sheriff's and Officer Narcissus' actions, as well as their reactions to the other's stance. As the special assistant to the Sheriff, the author of this compilation will provide as much detail about the legal ramifications the Sheriff may face as it relates to this situation and conclude by providing some recommendations to resolve the situation at hand. The author will back up the recommendations with laws ... Show more content on Helpwriting.net ... The Sheriff, also, deduced that the department computer had been utilized to procure items for sexual and hunting activities. Accessing Officer Narcissus' Facebook page, herself, the Sheriff stumbled upon all of the postings Officer Narcissus had posted. Before powering down the computer, the Sheriff opened another site in the computer's history and gained knowledge of the site's contents; which happened to be a child pornography containing images of adolescents being sexually abused. Informing Officer Narcissus of her discoveries, The Sheriff was met with some aloofness. Officer Narcissus stated to the Sheriff that she had no business operating his computer to examine anything. After being confronted, Officer Narcissus raged into the department and began disassembling the computer. The Sheriff and other officers interrupted Officer Narcissus, cuffed him and confined him to a cell. Issues Presented There are several issues that need to be addressed as it relates to the situation. These issues include those from a policy standpoint, as well as those from a legal standpoint. The following are the issues this author saw fitting to tackle: 1. The matter of Officer Narcissus utilizing the department for personal leisure. 2. The fact that Officer Narcissus has made comments and posted photos ... Get more on HelpWriting.net ...
  • 18. The Legal Drinking Age Should Be Legal Essay People drink liquor for various reasons; anxiety, celebration, insomnia etc. Teenagers fall under the category of "people". The legal drinking age presently is twenty–one in the United States Of America. I can guarantee you that the underage drinking age rate would drop if the age were brought down. One of the reasons behind drinking is enjoyment but the primary purpose behind underage drinking is "breaking the law". The law says an eighteen – year old is mature enough to make his/her life decisions, yet not ready to drink liquor. In the United States there are different rules for various ages, however when a person turns 18 they tend to move out of their parents and start to begin their own life with their friends. Eighteen year olds have the privilege to vote, get married, and serve in the military, and those even younger than eighteen can drive and become parents. Therefore, it appears to be odd and contradictory for them to not be able to purchase alcohol. We as a whole know why teenagers usually drink. Simply the vibe that they get of breaking the law is huge. Being rebellious and not following the principles is an essential part of a teenager. Regardless of the fact that it is illegal for teens to purchase alcoholic beverages, they are still able to get it through their parent's cupboards, or from their senior friends who purchase it for them. We as a whole observe, that is not hard for teens to get liquor. Why not bring down the drinking age then? ... Get more on HelpWriting.net ...
  • 19. Example Of A Legal Case Study Margaret Reid Attorney for Plaintiff 800 Jones Branch Ave. Manassas, VA 20116 (708) 619 –4345 www.margosreid.com margoD@reid.com To: Jane Smart, Esq. From: Donna Nasser, Paralegal Date: July 27, 2015 Re: Mrs. Hatter vs. Foods Deluxe DISCOVERY The plaintiff, Mrs. Hatter, by and through her counsel, Margaret Reid, and pursuant to Rule 34 requests the defendant, Foods Deluxe, respond to the following interrogatories, requests for admission, and requests for documents. Interrogatories: 1.State the name of the person or persons answering these interrogatories. 2.What was the approximate location of each of the above at the time of the incident? 3.Who was the manager on the day shift during the incident? 4.Who was the employee working at the ... Get more on HelpWriting.net ...
  • 20. Legal Positivism : A Positivist Legal System Critically analysed a society that is propounded by a Positivist Legal System. The aim of this essay is to evaluate a positivist legal system or legal positivism, by analysing what it means, what it does the positive and negative aspects of legal positivism, how legal positivism works in a society. In order to understand a positivist legal system and how it works in a society, this essay is going to concentrate on some aspects of legal positivism, which are; the definition of legal positivism or positivist legal system, ideologies of legal positivism, features of legal positivism, advantages and disadvantages of legal positivism, how legal positivism or positivist legal system works in a society, before concluding with summary of the evaluation on legal positivism, and the analysis on legal positivism legal positivism works in a society with possible recommendations. Legal positivism is a theory which supports or believes in the separation of laws and morals in making laws. Positivism states that laws that lack moral content can still be good laws, and so far as the laws are made through the right process for passing laws, they must be obeyed. This does not mean that positivism is unconcerned about morals in the law, but it makes distinction between what is and what ought to be. Legal positivism does not say that morals and merits of the law are not important, but base the validity of a law on the presence of a government or sovereign who makes the laws, and not ... Get more on HelpWriting.net ...
  • 21. Legal Advice For A Solicitor A solicitor may give legal advice when it comes to buying a house or renting a flat etc. they also deal with divorce, probate, marriage etc. they also give legal advice based around these areas. A solicitor may even represent their client in court to maximise their chance of being declared as innocent. A solicitor is also responsible for calling in any paper work to help with any case. Solicitors also help deal with any accident that may occur. The Law Society sets down rules and regulations about how solicitors may conduct their business. There is a Disciplinary Tribunal, which can investigate any allegations of misconduct made against a solicitor. Solicitors also help people get mortgages if their credit rating is lower than the required rate to get a mortgage. As a solicitor there is no uniform so they are free to wear whatever they like. If you are involved in a court case, your solicitor will manage the case and represent you when dealing with the other party. For example, your solicitor will send letters to the other side on your behalf. Barristers are engaged by solicitors to work on a case. Barristers must wear white collars and a black gown when in a court case. In certain courts the barrister is also expected to wear a wig. All barristers are self–employed and work as individuals. When a person is being trailed in court, it's a barrister that speaks for them and presents all evidence to the judge. Barristers are not contacted directly by the public; instead they ... Get more on HelpWriting.net ...
  • 22. Legal Aid In Criminal Justice One thing that needs to be changed within the civil justice system is a victims right to counsel, especially involving domestic violence victims that have a low–income. The President of the Legal Services Corporation, James J. Sandman quotes that "Most Americans don't realize that you can have your home taken away, your children taken away and you can be a victim of a domestic violence, but have no constitutional right to a lawyer to protect you" Basically, the abuser is entitled to free legal assistance if they are charged with a crime, but there is no legal right to an attorney for victims that try to get a restraining order or a protective order in civil cases. As the article would say, "there is no right to counsel in civil cases." Victims... Show more content on Helpwriting.net ... Communities should work together, communicate, organize and help their fellow neighbor more often. It is great to see that some victim assistance programs are funded through good will contributions. However, sadly we live in a world where a large majority are consumed with selflessness, or are forced to do so to live. References Bergmark, M. (2016, January 4). How to reduce domestic violence with legal assistance. Fox News. Retrieved from http://www.foxnews.com/opinion /2016/01/04/how–to–reduce–domestic–violence–with–legal–assistance.html Legal Services Corporation. (2017). The unmet need for legal aid. Retrieved February 15, 2017, from America's Partner for Equal Justice, http:/ /www.lsc.gov/what–legal–aid/unmet–need–legal–aid Rizos, C. (2016, May 17). MLAC urges state senate to increase investment in civil legal aid – Massachusetts legal assistance corporation. Retrieved February 15, 2017, from Massachusetts Legal Assistance Corporation, http://mlac.org /mlac–urges–state–senate–to–increase–investment–in–civil–legal–aid–2/ Voices for Civil Justice. (2013). What is Civil Legal Aid? Retrieved February 15, 2017, from ... Get more on HelpWriting.net ...
  • 23. Legal Relations Of The Copyright Act Glynn claims that he is joint owner of the copyright to RUST under the Copyright Act and seeks a declaratory judgment under the Declaratory Judgment Act. Facepunch argues that Glynn has pled that claim with insufficient particularity. Facepunch also argues that the first contract between Facepunch and Glynn shows that Facepunch did not intend for Glynn to have any ownership interest in RUST. Under the Declaratory Judgment Act, the court may "declare the rights and other legal relations of any interested party seeking such declaration." Federal district courts are well–situated to hear disputes where a plaintiff seeks a declaration of copyright ownership pursuant to the Copyright Act. Section 101 of the Copyright Act defines a "joint ... Show more content on Helpwriting.net ... Where parties have meaningfully collaborated on a work, "it is hard to imagine" that such work is "unaccompanied by the requisite intent." Facepunch argues that it never intended to enter into joint ownership with Glynn. Both sides agree, however, that Glynn was an independent contractor for Facepunch and never signed any documents altering his copyright interest in any game he produced. Moreover, Glynn alleges that he wrote roughly 75% of RUST's code, making him the dominant author. Glynn's complaint sufficiently alleges that he performed a substantial amount of work on RUST and worked closely with other collaborators at Facepunch to create a finished product. Glynn's contract with Facepunch establishes his monthly stipend, but does not affect his rights as an independent contractor to joint authorship in his work and derivative works. The court will not dismiss Glynn's claim for declaratory judgment. Glynn argues that Facepunch interfered with his contract or economic advantage by abandoning RUST and replacing it with Facepunch's failed experimental game. Glynn's allegations for tortious interference relate to entirely to RUST and have nothing to do with the contract between Facepunch and Glynn. As a result, dismissal of Glynn's interference claim as it relates to Glynn's ... Get more on HelpWriting.net ...
  • 24. Examples Of Legal Formalism Legal Formalism today 1Introduction The legal–formalist belief in the capacity of legal rules to determine the outcomes to legal disputes without having recourse to the judge's political beliefs or sense of fairness has been severely criticised by, amongst others, legal realists and critical legal studies scholars. This assignment will firstly address what legal formalism entails, following which the criticisms of legal formalism will be discussed and lastly whether legal formalism can impede the transformative ideas of the Constitution. All of the above will be analysed to determine the role of legal formalism today. 2Legal Formalism Formalism in law refers to "the claim that well–crafted rules embodied in authoritative texts will contain ... Show more content on Helpwriting.net ... Weinrib argues that there has not been one legal system that applied law completely coherent. If one thinks about this there can be derived that if "complete coherence is a requirement for legitimacy, then no legal system has ever been legitimate". This cannot be accepted since law systems are supposed to be inherently legitimate. Coherence definitely is a desirable element within law but complete coherence is not reasonable. Formalism to an extent is required when judges are applying laws but there is uncertainty to what extent it is applicable in South African law today. 3Criticisms of Legal Formalism There are various criticisms of legal formalism, most of these are expressed by scholars of critical legal studies and by legal realists. 3 1 Critical legal studies scholars The Critical legal studies movement is the successor of an American realist movement. The main characteristic of this movement is the criticism of formalism. The scholars of this movement believe that "techniques of legal reasoning – such as distinguishing cases, interpreting texts or analogizing from one area of law to another where similar problems arise – are so flexible that they can justify more than one outcome". The scholars of the critical legal studies movement want to achieve is ... Get more on HelpWriting.net ...
  • 25. The Legal Status Of The Islamic State This paper will examine the legal status of the so–called Islamic State with the aim of determining whether it is recognised as having international legal personality. Focus will also be placed on the principles of international legal personality more broadly by providing a critique on the effectiveness of these concepts in international law. Firstly a brief overview of the Islamic State will be given outlining their stated goals and information important to supporting a claim of international legal personality. Secondly we will look at the classes of established legal persons before going into each in more detail. A major consideration of this research is whether the Islamic State could be recognised as a State in international law. In answering this question the traditional criteria for statehood set out in Article I of the Montevideo Convention on Rights and Duties of States 1933 (hereinafter Montevideo Convention) will be examined along with the relevant authorities and recent developments in regards to the criteria for statehood. Secondly the consequences of where the Islamic State fits within the international legal framework will be discussed. Finally the essay will look at the effectiveness of the concept of legal personality in international law particularly in the context of the conclusion reached in relation to the Islamic State. The writings of a number of authoritative international law academics along with a range of academic journal articles have been used to ... Get more on HelpWriting.net ...
  • 26. Legal Assignment LEGT 2741 MAJOR ASSIGNMENT The chances of successfully enforcing the contractual agreement between Casino Ltd. and its employees depends upon the issues raised, the rules and subsequent applications that could be established by the trade union against Casino Ltd. ––––––––––––––––––––––––––––––––––––––––––––––––– Issues 1. Whether Casino Ltd. (the parent company) and Caterers Ltd. (its wholly–owned subsidiary company) are considered as separate legal entities. Additionally, whether the concept of corporate veil applies to the corporate groups (between Casino Ltd and Caterers Ltd). 2. Is it possible to lift or pierce the corporate veil of corporate groups on the basis that: (a) there is an implied agency relationship between ... Show more content on Helpwriting.net ... CA s596AB prohibits a person from entering into agreements with the intention of, or with intentions that include the intention of: (a) Preventing the recovery of employees entitlements; or (b) Significantly reducing the amount of entitlement that the employees can recover. CA s596AC states that a person will be liable to pay compensation for contravention of s596AB: * to employees who suffer loss or damage because of it * for actions taken to give effect to an agreement or transaction involved in the contravention. ––––––––––––––––––––––––––––––––––––––––––––––––– Applications Casino Ltd. and Caterers Ltd. are separate legal entities. The fact that Casino Ltd wholly owns Caterers Ltd. gives rise to the concept of corporate groups existing between the two companies. Regardless of this, one company is separate from the other company and the concept of corporate veil applies. The court may pierce the corporate veil when there is an implied agency relationship inside the corporate groups. By applying the 6 point test from SSK case in an orderly manner, Casino Ltd. may have argued that the profits earned by Caterers Ltd. are separate from them, given that distribution was made in the form of dividends. However, in reality the profits belong to Casino Ltd. This is because all the profits are given to them and Caterers Ltd. gets nothing. This means that the first criterion is satisfied. Additionally, since all the ... Get more on HelpWriting.net ...
  • 27. Why Pursue Legal Education Through the trajectory of my life, there have been many experiences that have contributed to my drive to pursue a legal education and seek social justice. From my family, to my volunteer activities, to my present employment; every single thing I have taken part in over the last 21 years has played a role in my desire to study and practice law. Last December, I received the most definitive phone call of my university career. I was selected amongst a high number of applicants to be the Head of the Social Science Orientation Program. I had committed countless hours to this program, my team, our charity initiatives, and my first–year mentees. I was now responsible for selecting, training, and leading 90 volunteers through the execution of a successful orientation week, and first year, for 1,700 incoming students. Beyond my designated role of implementing programming and managing a $20,000 budget, I had two crucial obligations within this position. First, I was to build a team with strong leadership skills, to ensure that the incoming class would receive adequate ... Show more content on Helpwriting.net ... My goal is to use my education and critical thinking skills to find solutions and light in dark situations. I want to pair my commitment to justice and my compassion for others with a law degree in order to have the chance to improve the quality of life of those in need and help them to regain hope. The University of Ottawa Faculty of Law can provide me with that chance. Ottawa's Law school shares my passion for leadership and community engagement, as made evident through the variety of hands–on experiences available through legal clinics that work closely with the law school. At Ottawa, I can achieve an exceptional education and continue my active involvement on campus and within the community. The opportunity to real world academic experiences while providing assistance to those in need stands out to me as a perfect ... Get more on HelpWriting.net ...
  • 28. The Law And The Legal System I am the daughter, granddaughter and niece of attorneys and, therefore, have been exposed to different parts of law and the legal system for most of my life. Throughout my childhood I have seen how attorneys prepare for trial, the effort they put into trial, and the research and information gained before and during the trial. However, prior to my observation of the court for this paper, I had never been inside a courtroom. Having heard about the going ons and different processes of the court it was an eye opening experience to attend court. I observed both the District and Superior Courts of Rhode Island at the courthouse in Washington Square in Newport. I observed both a femalejudge, Judge Hastings of District Court and a male, Judge Stone of Superior Court, judge. There were differences between the behaviors of the attorneys and the members of the court when the judge was not sitting on the bench, differences in the types of cases presented to each level of the court, and differences in the behaviors of the judges. The first court I observed was District Court. The judge that was sitting on the bench was Judge Hastings. Soon after I arrived at the courtroom Judge Hastings called for a short recess, which became an hour–long recess. This recess gave me the opportunity to observe individuals in the courtroom, particularly the different attorneys. I was greatly interested in how the attorneys interacted with each other and with their clients. Many of those ... Get more on HelpWriting.net ...
  • 29. Rights Of The Legal System Right to Legal Counsel "Access to justice" refers to one's ability to access the legal system to enforce one's legal rights. Without access to the legal system, an individual's legal rights are meaningless. The maldistribution of legal services has rendered "the ideal of equality before the law an empty promise." Ensuring access to justice is cumbersome, as a constitutional right to legal counsel will impose a considerable "burden on taxpayers." The Charter of Rights and Freedom (the "Charter") guarantees the right to legal counsel for criminal matters. Conversely, right to civil legal aid only arises when "someone's life, liberty, or security of the person is threatened by state action." The state action requirement excludes all ... Show more content on Helpwriting.net ... Extra–legal solutions aim to incentivize practicing lawyers to engage in pro bono work. This paper will focus on incentivizing lawyers to do pro bono work. First, the paper will discuss the main barrier to pro bono work and then it will suggest a general framework to address the barrier. The main barrier to pro bono work is liability risk, which should be shifted to an insurance provider. The main reason behind private practice lawyers' reluctance to take on pro bono cases is liability risk. In Canada, most practicing lawyers have professional liability insurance coverage. According to the Federation of Law Societies of Canada ("FLSC") report, in Ontario, 85 out of 125 charges laid resulted in conviction. Overall, LawPro (main insurance provider to lawyers in Ontario) received 5140 complaints. Even though there is only 1.65% chance of a successful malpractice claim (but 68% chance if a charge is laid), lawyers are still fearful of such claims. Lawyers practice meticulously because mistakes will end their career. For example, the team of lawyers that drafted the contract in the comma case will likely not be hired again. The legal profession is reputation based. Clients expect expertise, competence, and perfection. Failure to deliver less than a perfect document that costs the client money will ruin the lawyer's reputation. The time between the retainer agreement and closing letter, lawyers are vulnerable. The opposing counsel cannot harm the lawyer as ... Get more on HelpWriting.net ...
  • 30. Lawyers : Legal Issues And Disputes Lawyers advise and represent individuals, businesses, and government agencies on legal issues and disputes. Lawyers typically do the following: Advise and represent clients in courts, before government agencies, and in private legal matters Communicate with their clients and others Conduct research and analysis of legal problems Interpret laws, rulings, and regulations for individuals and businesses Present facts in writing and verbally to their clients or others and argue on their behalf Prepare and file legal documents, such as lawsuits, appeals, wills, contracts, and deeds Lawyers, also called attorneys, act as both advocates and advisors. As advocates, they represent one of the parties in criminal or civil trials by presenting evidence ... Show more content on Helpwriting.net ... However, some travel to attend meetings with clients at various locations, such as homes, hospitals, or prisons. Others travel to appear before courts. Lawyers who represent clients in court may face heavy pressure during trials. The majority of lawyers work full time, and many work long hours. Lawyers who are in private practice or those who work in large firms often work long hours, conducting research and preparing and reviewing documents. All lawyers must have a law degree and must also typically pass a state 's written bar examination. Becoming a lawyer usually takes 7 years of full–time study after high school–4 years of undergraduate study, followed by 3 years of law school. Most states and jurisdictions require lawyers to complete a juris doctor (J.D.) degree from a law school accredited by the American Bar Association (ABA). ABA accreditation signifies that the law school–particularly its curricula and faculty–meets certain standards. A bachelor 's degree is required for entry into most law schools, and courses in English, public speaking, government, history, economics, and mathematics are useful. Almost all law schools, particularly those approved by the ABA, require applicants to take the Law School Admission Test (LSAT). This test measures applicants ' aptitude for the study of law.
  • 31. ... Get more on HelpWriting.net ...
  • 32. What Is Separate Legal Entity? The veil of incorporation state the company is a separate legal entity from its members such as shareholders, directors and employees. (Lawyr.it, 2014) Separate legal entity defines a company can employ its own members, limited liability and ability to hold property in its name. Normally, the courts would not look behind the veil of incorporation because it is separate legal entity. The courts agree to lift the veil of incorporation where 'justice of the case demands' or if the veil has been misused. (Legalserviceindia, 2014) Once the courts lift the veil of incorporation, there are no more separate legal entity, so who are using the veil of incorporation as a protection to escape from legal responsibility after they go against the law and now they can be sued by innocent party. The courts will lift the veil of incorporation when it is in a certain of circumstances. There were some circumstances need to remove the veil of incorporation and it were supported by some case law. Firstly, the main purpose of promoter set up a company is to avoid or dishonestly evade an existing legal duty or to commit fraud. From the case law of Gilford Motor Co. Ltd. V Horne (1933) (Economictruth, 2013)as a mirror to reflect the circumstances of dishonestly evading the promoter's existing legal duty. Mr Horne was a car salesman for Gilford Motor Co.Ltd and he left the company. He was personally bound by a contract which mentioned after he left the company, he wasn't allowed trade with his ... Get more on HelpWriting.net ...
  • 33. Legal Differences And The Legal Types Of A Business... Identify and describe the legal categories of a business organization contrasting tax–related advantages and disadvantages. There are three main forms of business organizations that are commonly known globally; they include; Sole Proprietorship, Partnership as well as Corporation. Looking at the Sole proprietorship, it is conventionally known as a business run by one person who is also the owner. This means that the owner has 100% control over the business. This form of business organization is easy to establish since it needs very few legal requirements. There is also no need of having partners or shareholders and the taxes paid in this business organization is only on the income generated. That means that after paying the taxes, all remaining profits remains with the owner. Disadvantages of this structure include less share of expertise since the owner is the only partner. The owner also has unlimited liability for the debts and any malpractices which also includes bearing all maintenance costs (Beyer et al. 2010). For the partnership, it involves more than one player who is also involved in the business structure. The partners share all costs and profits after entering into an agreement that intends to share any commercial interests. The partners also contribute funds to start and operate the business as the starting capital. This means that there is a pool of experience and resources by the two and the partners share the taxes. The disadvantages of this form of ... Get more on HelpWriting.net ...
  • 34. Consent And Its Types And Legal Fundaments This essay will introduce the concept of consent, briefly identify its types and legal fundaments, look at significance of consent in a healthcare provision and illustrate the main issues involved with patients' consent with midwifery practice as the focal point of interest. According to Medical Dictionary (2003) 'consent' is an 'act of reason', voluntary agreement to proposed treatment made by a mentally capable person upon receiving relevant information. Patients' consent is closely associated with individuals' liberty, person's autonomy and the right to decide about themselves and their body with assumption of taking full responsibility for decision and its consequences (Frith and Draper, 2004). Department of Health (2009) precisely defines types of consent: written, verbal and expressed non–verbally. The validity of consent does not rely upon the type; however, written consent may serve as evidence. For the validity of patient's consent is essential to determine person's ability to make a decision, give enough information and clarify if the information given is clearly understood. Consent is valid only when given 'freely, without pressure or undue influence being exerted (...) from partners or family members, as well as health or care practitioners' (Department of Health, 2009 p.11). There is no specific law covering consent issue; however, it is underpinned by different Acts and rules such as 'The Code. Professional standards of practice and behaviour for nurses ... Get more on HelpWriting.net ...
  • 35. Legal Underpinnings Of Business Law Legal Underpinnings of Business Law Shalanda Burgess Bus670: Legal Environment Instructor Gary Gentry September 14, 2014 Introduction In this paper I will measure how liability exposure differs amongst each business level when business owners and leaders are face with litigation. Tinkers Home Security Service business is being sued by a former client due to a breach of contract. Business Forms According to Seaquist (2012) the most common forms of businesses are Sole proprietorships, Partnerships, Limited partnerships, Corporations, and Limited liability companies (LLCs). (para. 1). These five business structures are based on the number of owners and the type of service or product that will be offered. 1. Sole proprietorship. A business owned and operated by only one individual. 2. Partnership. A popular business relationship owned by two or more people for profit. 3. Limited partnership is an entity that is created by permission of the state whose ownership is represented by stockholders. 4. Corporation is a separate entity from its owners–the shareholders, that handles the responsibility of the business. 5. LLCs. A business formed by permission of the secretary of state's office. Its owners are referred as members. Each member report profit and loss on their own personal tax return. LLCs are not a separate tax entity. Under each business entity there are potential internal and external challenges and risks that are associated. Businesses may face economy ... Get more on HelpWriting.net ...
  • 36. Natural Law And Legal Positivism The contrast between Natural Law and Legal Positivism is a necessary starting point for those who wish to understand the relationship between law and morality, and the most varied manners in which it influences society to this day. When it comes to analyzing which theory offers the most well–rounded idea of law, one can argue that Legal Positivism provides the best definition of what law is at its essence. However, because Legal Positivism came to exist as a critique to what was proposed by Natural Law theorists, it is significant that both are explored in depth as means to support such argument. Natural law theory is based on human nature and its predisposition to do good. The determination of what's good and evil, however, is often drawn ... Show more content on Helpwriting.net ... In fact, it argues that at times, it is possible that for the law to be immoral. The biggest difference between the writings of Austin and Hart might be that the former while setting the framework for a plausible theory, fails to elaborate on its most basic premises. Hart expanded on legal positivism by enhancing the theory suggested by Austin and making it more credible, all while debunking natural law theory. One example is the manner in which Austin argues that the concept of law is subject to the command of a higher authority backed by threats. Although this is a way in which law can be presented, it is also a simplistic definition. Hart argues that although Austin's definition of the law might be applicable to criminal law, it fails to justify other variants of legal process such as contracts or marriage licenses. He argues that "Such laws do not impose duties or obliВgations. Instead, they provide individuals with facilities for realizing their wishes, by conferring legal powers upon them to create, by certain specified procedures and subject to certain (p. 27)" It is difficult to associate laws such as the ones concerning marriage to the idea of a command backed by threat. The differentiation between laws that grant liberties when compared to those that might take them away is something that is not taken into account by Austin or explored in depth by natural law theorists such as Aquinas. The ... Get more on HelpWriting.net ...
  • 37. Legal Services Act 2007 Analysis The Legal Services Act 2007 has changed the way in which legal services are regulated in England and Wales by creating a new structure for legal services. The act allows lawyers and non–lawyers to form businesses together and also permits non–lawyers to be involved in the management or ownership of businesses that provide legal services, known as Alternative Business Structure (ABS). Prior to the commencement of the Act, reserved legal activities were regulated by legal professional bodies and there were restrictions on the type of business structure through which legal services could be provided. The Association of Costs Lawyers, formerly known as the Association of Law Costs Draftsmen, is the representative body for Costs Lawyers. Under ... Get more on HelpWriting.net ...
  • 38. Legal Services And Legal Service Commoditisation is defined as removing the uniqueness from a service, rendering it generic. Legal services, in this context, comprises of different entities giving legal advice to the public. The commoditisation of legal services describes how there has been a recent rise in the number of legal services and legal fees are starting to become the only difference between them . A commercial approach is applying the law in a business sense. Therefore, I will be discussing the controversy regarding whether the price–based competition in the legal sector will make legal services a commodity in the future and if taking a commercial approach whilst giving legal advice will increase or reduce its quality. The preconception that access to legal services is expensive may stop areas of society from using them. The recent legal aid cuts, which stood at 8.75% in 2015, could lead to the assumption that receiving legal advice is too costly and potential consumers may not subsequently use the legal services in any form. Also, as it is becoming normal for legal disputes to be settled outside of court, acknowledging the high cost of legal fees due to its link with commerciality, potential consumers may look for cheaper alternatives to using legal services and they may seek to avoid paying what they feel might be extortionate fees for legal advice which may not reach their expected standard. The belief that legal services are not accessible and the lack of faith in its effectiveness may reduce ... Get more on HelpWriting.net ...
  • 39. The Legal System And Ethics The Legal System and Ethics Mid–Term Exam Andrian Lord Intro What is a world without laws? Would that be the same as asking what is an apple without its color? Or perhaps the simple question of why does one tie his or her shoes the way they do? Even better, why is it illegal to walk nude amongst peers in the open? Maybe because the law says so. But what is law. Is it this natural thing or is it man made? Do we follow them on our own accord or do so because the law says so? All of these questions are rooted in one's ability to effectively distinguish and interpret positive law and natural law. Before one can answer any of those questions we must go back in time before the development of positive and natural law in order to interpret its meaning and show how intellectual thought of the past, and even in today's time was mirrored after these laws. Origin/Development The Classicalist approach marks the earliest stage for the debate about the development of natural an positive law. For starters classicalism takes natural and positive law to a new intellectual level through the use of two fundamental theories, Teleology and Intellectualism. Through Teleology, early philosophers asserts that human activity and interaction are inherently purposeful, or have purposeful end that exceeds the extent of reality to a place of Eudaimonia . Intellectualism assumes that human actions are a result of rules that transcended the original state of man's mind into this new state of mind ... Get more on HelpWriting.net ...
  • 40. Plaintiff's Legal Billing Summary NICHOLAS W. ROGERS, ESQ., being duly sworn on oath says: 1)That he is the attorney of record for Plaintiff in the above–entitled action. 2)That attached hereto as Exhibit A is a true and correct copy (with redactions and annotations) of Plaintiff's legal billing summary (including a description of the work performed, the identity of the lawyer or legal assistant performing the work, and the hourly rate sought for the work performed) for attorney's fees incurred through July, 2017in the above–referenced matter. 3)That attached hereto as Exhibit B is a true and correct copy of Plaintiff's costs and disbursements incurred through July 5, 2017 in the above–referenced matter. 4)That the normal hourly rate for the Attorneys who performed ... Get more on HelpWriting.net ...