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Essays 361 - 390

Creation of Equity Law and Its Common Law Relationship

may be heard and judged to be in favour of a plaintiff or a defendant, but the ruling would be incapable of dispensing justice due...

Rights of Third Parties, Privity, and English Contract Law

a contract we can see that this was allowed under Dutton v Poole (1677) 2 Lev 211 (Flannigan, 1987). This is also referred to by D...

Food Related Illnesses and California Law

contact surfaces or equipment and code 12275 provides specific examples of acts which are to be prevented in regard to employee ha...

Australia's International Arbitration Law and Commercial Arbitration Law

and Enforcement of Foreign Arbitral Wars (the New York Convention), the UNCITRAL Model Law and the Convention on the Settlement of...

Class Rights Variation and Corporate Control

example, preference shareholders will still usually have the rights to attend meetings, even where voting rights are not held. Thi...

Theories of Feminism and Law

at how this can be applied in critiquing the law. If we consider the concept of the law under critical legal studies the approach ...

The Application of Privacy and Copyright Laws in Australia

sold articles to different publication, they are not under salary or retainer and they carry the risk and the cost of undertaking ...

Civil Law Countries and Their Criminal Justice Systems

as if the major difference between the nations of Europe, with the exception of Great Britain that is entrenched in the common law...

Certainty and Uncertainty in English Contract Law for the Sale of Goods

of case law as well as statutes may indicate potential outcomes, but without laws that cover all scenarios and a legal approach wh...

2 New Proposed Laws

inspection program" that pertains to "breeders, dealers, kennels and shelters with more than 25 dogs" (Seibel, 2007). Inspections ...

Administrator Challenges: Law Enforcement Ethics

who are supposed to uphold this duty are the ones perpetuating the problem, the fine line that already exists between criminality ...

Cyberspace Crimes and the Law

offences and the law has not been able to keep pace with new technology. With law enforcement lagging behind, cyber criminals some...

Tracing Proprietary Claims on Sham Trusts under Common Law and Equity Law

this is an approach which is particularly applicable to chattels which are easier to identify as specific items (Martin and Turne...

California Nurse-Patient Ratios

(Cunningham, 2008). Observed Results Cortez (2008) states that in the past, patients had been known to call 911 from their ...

Sources of International Law

from being true law (Hart, 1994). He states there is an argument that this cannot be the case as the evolution is different; there...

Is there an Inherent Bias towards Employers in Unfair Dismissal Law?

this time cases would usually be brought for a breach of contract (Card et al, 2003). Unfair dismissal is first seen in the Indust...

Is There an Incompability Issue Between the European Convention for Human Rights and Adverse Possession?

had abandoned or dispossessed the land. This was seen as legalising the theft of land where an owner did not exercise their rights...

The Debate about Predatory Lending Laws

some examples and the Republican/Democrat dichotomy is a generalization. That said, the model provides a sense of where the people...

Law Enforcement and the Challenges of Constitutional Law

as the legal ramifications of these interactions. This section of the paper helps the student to provide a summary overview of t...

Truck Driving Laws

operate trucks only within a state are "only subject to rules at the state level" ("Why Arent Trucking Laws National in Scope?"). ...

California Family Code and Property

kicked in. In this way, the value would be calculated for the 10 years prior to the marriage during which the husband owned the pr...

Copyright and Music Streams

when an artists music is played via streaming audio, what is their expectation as far as royalties go? It seems as if royalties ar...

Taiwan and the US/Comparing Domestic Violence

domestic violence, offering comparison to the legal standard on this issue in the US. In 1993, a horrific incident, the stabbing ...

HIPPA and California Policy

"drastic changes and levels of ambiguity contained in the proposed regulations" would be problematic to implement and compliance v...

Australian Courts and Statutory Interpretation

are not necessarily the same words (or meanings) and as a result, the photographer can argue that the purpose of the import was no...

1990 Case of the US Supreme Court v. Employment Div., Ore. Department of Human Resources v. Smith, 494 US 872

for ingesting peyote, a hallucinogenic drug. This was not recreational drug use, however, but rather, for sacramental reasons as p...

Hindu Society and Women's Roles

are not to be allowed any form of independence - they cannot even undertake religious fasts on their own initiative, but must join...

Internet Tax Resources

Code Collection Cornell University (2004). Retrieved on October 11, 2004 from http://assembler.law.cornell.edu/uscode/html/uscode2...

Product Liability and Tort Law

lack of fasteners or screws to hold this segment in place, resulted in his injuries. Claims of product liability based on two ele...

Male Sexual Harassment

In seven pages this paper discusses how contemporary society defines sexual harassment and considers how the law addresses victimi...