Case Law Briefings

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    Case Briefing

    Unit 3: FIRAC Magdalene Renee Farmer Kaplan University Prof. Wendi Cline PA205: Introduction to Legal Analysis and Writing October 14th, 2012 Case Brief 1: Citation: N.M. 555 P.2d 696 Facts: Ms. Mitchell was a nurse’s aide that works at Lovington Good Samaritan Center. While working at the center, Mitchell was terminated for alleged misconduct. Mitchell then filed for unemployment and was denied. Issue: With all the events that Mitchell display at Lovington Good Samaritan Center

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    Law of Crimes- Case Analysis

    Jharkhand- Case Analysis With Reference to the Indian Penal Code, 1860 Submitted by KARANBIR SINGH THIND PRN No. 11010224027 Division ‘A’ Roll No. 26 BBA. LL.B. of Symbiosis Law School, NOIDA Symbiosis International University, PUNE In March, 2013 Under the guidance of Prof. Girjesh Shukla And Prof. Vikram Singh Law of Crimes-I Symbiosis Law School Noida, 201301 Certificate The project entitled “Dr. Jagannath Mishra v. State of Jharkhand (2002) CriLJ 4646- Case Analysis

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    Case Law

    perform the function of ascertaining and evaluating the facts relevant to a matter within their special expertise. There is almost invariably a right of appeal from a specialised tribunal to a court, but often the appeal is restricted to questions of law. 2 2. This appeal is concerned with the Tax Appeal Tribunal established by the Tax Tribunal Act 1984 (since repealed, but in force during the relevant period). By section 3 of that Act the tribunal was to comprise (as Chairman and Vice-Chairman)

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    Business Law Case

    Neurology Associates LLP. vs Elizabeth Blackwell, MD An Assignment Submitted by Name of Establishment Class XXXX, Section XXXX, Fall 2011 Case: Neurology Associates LLP, vs Elizabeth Blackwell, MD Overview of Facts In May 2005, Dr. Elizabeth Blackwell earned her Medical Doctor Degree and she was hired by the Neurology Associates LLP, located in Longville state in June 2005. She has been offered different jobs before, but Dr. Elizabeth concluded by choosing Neurology Associates LLP

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    Law Cases

    the debtors for duress. “ In point of law payment of a lesser sum, whether by cash or by cheque, is no discharge of a greater sum. This doctrine of the common law came under heavy fire. It was ridiculed by Sir George Jessel in Couldery v Bartram.[1] It was said to be mistaken by Lord Blackburn in Foakes v Beer.[2] It was condemned by the Law Revision Committee (1945 Cmd 5449), paras. 20 and 21 . But a remedy has been found. The harshness of the common law has been relieved. Equity has stretched

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    Company Law Case

    WFJ. Based on the facts, the general law can be applied to determine the effectiveness of the provision. S39(1) of the Companies Act (“CA”) states that the memorandum and articles shall bind the company and the members as if the respective parties had signed and sealed in a contract to observe all the provisions of the memorandum and the articles. Hence, the provision in the article is said to be effective. However, there are alternative arguments to this case. The Singapore court not only takes the

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    Case Law

    Case Law Project Dallas V. Curly This case is about Edward Curly filing a case against Texas schools to prohibit the law that the bible be read in public schools. This law required at least 10 versus of the bible to be read every day. The courts declare this unconstitutional. Parties involved: Dallas School District, Edward Curly Amendments involved: The Establishment Clause of the 1st amendment Arguments: Curly: His kids should have the option to read the bible and not be forced in public

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    Law Case

    Page 1 Malayan Law Journal Reports/1983/Volume 2/TAN CHEE HOE & ANOR v RAM JETHMAL PUNJABI [1983] 2 MLJ 31 - 14 April 1983 1 page [1983] 2 MLJ 31 TAN CHEE HOE & ANOR v RAM JETHMAL PUNJABI Also Reported in: [1982-1983] SLR 423 OCJ SINGAPORE WEE CHONG JIN CJ ORIGINATING SUMMONS NO 385 OF 1982 14 April 1983 Land Law -- Option to purchase property -- Acceptance Copy signed with additional words "who will then hold the same as stakeholders" after solicitors name -- Whether this amounted to fresh

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    Case Law

    Page 1 Singapore Law Reports/1993/Volume 2/ARJAN SINGH v PUBLIC PROSECUTOR - [1993] 2 SLR 271 - 1 April 1993 3 pages [1993] 2 SLR 271 ARJAN SINGH v PUBLIC PROSECUTOR HIGH COURT YONG PUNG HOW CJ MAGISTRATE'S APPEAL NO 124 OF 1992 1 April 1993 Criminal Procedure -- Discharge not amounting to acquittal -- Accused under indefinite apprehension of recommencement of criminal proceedings -- Whether court could interfere with prosecutorial discretion not to further prosecute accused on a charge -- Discretion

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    Case Law

    Article or Case Law Search Sarah Falsey HCS/430 October 14, 2013 Lena Walker Article or Case Law Search Facilitating patient choice has always been elementary to palliative care. However, the choice agenda challenges us to inquiry what this truly means for sedative care now and in the future (Kite and Tate, 2005). With this in mind, the writer has chosen an article found in the Atlanta Journal-Constitution, June 28, 2009, entitled, System was deaf to pleas; Mother died. For the purpose

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    Law/421 Case Study

    Case Scenario: Big Time Toymaker Name Law/421 Date Instructor Case Scenario: Big Time Toymaker Was There a Contract In the scenario regarding Big Time Toymaker (BTT) and the inventor Chou BTT did grant Chou a binding option to enter into a contract at a later date. This binding contract is known as an option contract and offered the inventor $25 thousand to keep an offer open in exchange for exclusive negotiation rights during a period of time not to exceed 90 days. Essentially this option

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    Case Law Analysis

    u01a1 – Case Law Analysis: Judicial Concepts Student: Beatriz T. Halbert Instructor: Professor Melvin Landry Quarter: Fall 2013 Course: BUS3021 I selected U.S. Supreme Court (Court) case Commonwealth v. Continental Casualty, 393 U.S. 145 (1968) for my case law analysis on judicial concepts. The Court heard arguments on October 22, 1968. Mr. Justice Black delivered the opinion of the Court on November 18, 1968. The petitioner, Commonwealth Coatings, sued Continental Casualty, on the

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    Business Law Case

    To: Dr. DDT MEMORANDUM From: Dena Zapata Date: July 15, 2013 Re: Tammy Jones Case Tammy Jones is a 19 year old resident of Tillman County but appears to be at least 21. Tammy owns and uses a fake Oklahoma driver’s license which lists her age as 21. On the night of August 5, 2001, Tammy goes to a local tavern named Cooter’s Brew, a sole proprietorship located in Kiowa County. At Cooter’s Brew, Tammy is ready and willing to present her fake license to the bartender but he never asked for her

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    Law Case Brief

    dated March 23, 2011, was considered to have erred in granting summary judgment and dismissing Jones’ claim for damages. An appeal was granted and heard on September 29, 2011, to address the issue of Ontario law not recognizing the tort of breach of property. The following is a briefing of the court report released January 18, 2012, summarizing the primary facts, issues, and conclusions as detailed by Robert J. Sharpe J.A. FACTS Jones and Tsige were both employees of BMO, with Tsige

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    Law Cases

    dead, officials said. A senior law enforcement official tells NBC 4 New York that an unidentified woman has also been found dead, shot in the face, at a Newtown home, bringing the death toll to 28. The woman may be Lanza's mother, sources say. State police said the shooting was confined to two rooms at the school, and that the casualties included 20 children and six adults. Two guns were recovered inside the school, and another outside in a car, officials said. Two law enforcement officials said the

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    Law Case

    Name: Neyamul Hoque ID:1020180530 Sec:8 LAW 200 Statement Analysis: “A company at law is distinct from its members. A Director is neither an agent nor a trustee of a company” To: Barrister Shaheen Ahmed (ShD) Date: 07.04.2014 Introduction The main inspiration for forming

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    Case Law

    are under a duty not to profit from their office as director Smith & Fawcett Ltd (1942) P 3.16 * Duty to act bona fide in the best interest of the company. Victors Ltd v. Linguard P3.23 * Degree of interest has been extended to cases where the director’s interest is indirect Whitehouse v. Carlton Hotel Pty Ltd P 3.19 * It was an impermissible purpose to issue shares to dilute the shareholding of other shareholders and therefore the issue was void.

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    Law Case

    No. 441 2006 BCPC 67 Nanaimo Registry No. 57412-1 British Columbia Provincial Court (Criminal Division) Nanaimo, British Columbia Saunders Prov. Ct. J. Heard: November 1, 14 and 28, 2005. Judgment: January 20, 2006. Constitutional law — Canadian Charter of Rights and Freedoms — Fundamental freedoms — Freedom of expression — Reasonable limits — Oakes test — Motion to declare that a bylaw of the City of Nanaimo restricting large portable advertising boards to new businesses violated

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    Juvenile Justice Case Law

    Running Head: Juvenile Justice Juvenile Justice Case Law Capella University PSF5372 - History of the Juvenile Justice System Introduction Approximately 12, 8-10 year old children commit suicide every year because they are victims of bullying, whereas 1.3 million children a year bully others. Recent incidents of school violence have brought bullying to the nation’s attention in a dramatic way. Research shows that approximately 30% of teens in the United States either bully, are targets

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    Mcdonald V. City of Chicago Case Briefing

    1. Case Citation: McDonald v. City of Chicago, 130 S. Ct. 3020 (2010) 2. Facts: * Procedural (history) - what lower courts decided * The U.S. District Court and the U.S. Court of Appeals for the Seventh Circuit affirms, holding that the Second Amendment does not apply to states or localities. * Writ of Certiorari to the United States Court Of Appeals for the Seventh Circuit * Reversed and remanded * NRA of Am., Inc. v. City of Chicago, 567 F.3d 856, 2009

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    Law Case

    Regla 23 Federal de 1937 dispone en sus apartados (2) y (3): ‘(2) Several, and the object of the action is the adjudication of claims which do or may affect specific property involved in the action; or ‘(3) Several, and there is a common question of law or fact affecting the several rights, and a common relief is sought‘. En las Reglas de 1958 el vocablo ‘several‘ aparece traducido indebidamente como ‘solidario‘. Para el efecto que cada una de estas clasificaciones tiene en lo que respecta a la presunción

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    Case Law on Policing

    chapter 11 and found three cases that are vital to policing in today’s society. I found that the exclusionary rule, probable cause, and random traffic stops are three of the most important part of policing that can be used that violate suspect’s rights. These three can and have been misinterpreted by the police. The police have tried in the past to operate in gray areas in order to seize documents and drugs from people’s homes and vehicles. Weeks vs. United States In this case police arrested the suspect

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    Business Law Case Study

    The University of Rummidge organises a conference entitled "Law for small Businesses" which is followed by a luncheon at the Grand Hotel. Jim, a law lecturer, is a speaker at the conference and the conference is attended by Albert who has just started a graphic design business and Percy a well-established market gardener. At the conference Albert meets Barry, a fellow student from University days, whom he has not seen for some time. During lunch, while discussing pension investments, Barry tells

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    Taxation Law Case Study

    balance of stock on hand. In the case of FC of T v Suttons Motors Wholesale Pty Ltd 1985, the High Court considered if the entity has the power to dispose of the goods, the trading stock is “on hand” of the entity even if the entity doesn’t have physical possession of the stock or title may not have passed to the entity. Details of property and contract law can help to decide whether the entity has the power to dispose of the trading stock. The contract law rules considering a bill of lading is

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    Case Law

    Style of cause of case: Uppal v. Boota Date attended: September 18, 2014 Judge: Madam Justice Warren Lawyers: Magal Huberman Jury: None Courtroom: 16 Issue: * The issue in this case was determination of child custody between a newly divorced couple. The judge needed to decide what was the best child custody arrangement based on the best interest of the child. Initial Observations: * The courtroom was one of the smaller ones and not many people attended. My assumption is that this

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    Case Briefings

    Barry Cook 9-29-2014 Copyright law Defendant appealed from the declaratory judgment rendered by the United States District Court for the Southern District of New York in favor of plaintiff, declaring that its insertion of star pagination to defendant's case reporters did not infringe defendant's copyright, and declaring that its case reports contained no copyrightable material and could be copied without infringement by intervenor. Following the commencement of suit by plaintiff in the district

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    Law Case Study

    In 1973 Roe v. Wade created a political and legal uproar on issue of abortion. Under due process clause of the 14th Amendment, which declares that “no State shall deprive any person of life, liberty or property without due process of law”. This due process of law has not been completely understood though court has spent years of defining redefining each component of due process clause. Women’s decision to have abortion before viability of fetus and to obtain it without interference from State .Interest

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    Case Law

    incorporated under the Companies Ordinance and the fact that most of the capital was contributed by the Government or that shares were controlled by the Government did not make it an agent of the Government. The incorporated Company was recognized by the law as a juristic person separate and distinct from its members and was an independent body-corporate carrying on commercial activities. Its decisions, made in the course of its business, cannot be reviewed by a superior court by way of writ and the petitioner's

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    Employment Law Case Study

    Case Study Assignment Human Rights Issues in Hiring Caitlin Ashley, Denise Medeiros, Brandon Pyper, Tyler Kettler LAWS-1052: Employment Law Friday, October 31, 2014 Tracey Bentein Summary of Key Facts/Legal Issues The case we are evaluating involves a woman named Kimberely who wanted to volunteer her time at a rape crisis center. Kimberely had originally been born as a man, but had identified herself as a female since age 29. As a result of this self-identification, Kimberely

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    Law and Policy Case Study

    guide and organization's compliance with laws, regulations and policies. In order for an organization's information security program to succeed it needs to operate according to the established government and organizational policies. This case study will give managers a brief overview of the legal environment to assist them in reviewing and commenting upon a new governance policy for their organization's information security program. LAW AND POLICY CASE STUDY CIA TRIAD "The meaning of CIA

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    Law Letter for Tribunal Case

    you regarding your upcoming case for theft which you are currently on bail for. I know at the moment you are unsure on whether you should elect for the trial to be in the Magistrates Court or Crown Court. You have the decision in which court you would like your case heard. I'll explain the options that you can go through in this letter and then you can decide. Cases involving theft are treated as either way offences this means you can have the option to have your case heard in either the Magistrates

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    Law and Case Study on Rti

     investigations and in some  cases the return of stolen funds.     This struggle for the payment of the statutory minimum wage in government sponsored public works  programs  revealed  the  significance  of  transparency  and  the  RTI.  The  fundamental  tool  for  ensuring  government  transparency  and  accountability  is  access  to  relevant  information.  And  in  this  manner,  a  simple demand for minimum wages became a struggle for the RTI. Eventually, this struggle resulted in  the  passing  of  a  RTI  law  by 

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    Law Case

    BUAD 4053- Business Law II Professor Nicholas Robinson ‘Burlington Northern and Santa Fe Railroad Co. v. White’ Case 35.1 Questions 1) What are some examples of non-job related retaliation? There are two types of workplace retaliation: work-related and social (non-job related). Social retaliation has much to do with antisocial behaviors by the “victim” that will affect overall productivity and how cohesively the work place functions; examples of this include harassment, insulting

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    European Union Case Law

    Table of Contents Introduction 2 Background of the case 2 Preliminary questions 2 Judgment of the European Court of Justice 3 Order 5 Summary 6 Bibliography 6 Introduction European Union law implements the provisions of EU treaties and initiatives. It establishes a series of rights and demands that are recognized by EU member states' national judiciaries.  EU law is governed by the European Court of Justice (ECJ), which has a unique role in developing a European identity and influencing

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    Business Law Cases

    Name of Case: Skilling v. United States Page: 133 Court/Year: U.S. Supreme Court 2010 Facts: The government accused Skilling and other in a wide-ranging scheme to deceive the investing public. Skilling was indicted with more than 25 counts of securities fraud. The government felt that Skilling benefited “profited from the fraudulent scheme” at the time of trial. According to 1346, Skilling did not commit honest-services fraud. Federal district court jury found Skilling guilty of 19 counts including

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    Case and Law Research Paper

    Running head: ARTICLE/CASE LAW SEARCH PAPER Article/Case Law Research Paper Wendy Williams HCS 430 Legal Issues in Healthcare: Regulation and Compliance June 30, 2001 Abstract The writer has chosen an article found in The Atlanta Journal-Constitution, dated June 28, 2009. For the purpose of this paper, the writer will provide sufficient background on the article and discuss the major points. Next, the writer will discuss the legal issues involved in the article. In conclusion the writer

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    Business Law Cases

    Issue- Did an offer exists, which the plaintiff accepted? Rule of Law- Invitation to treat. An invitation to treat is not an offer in itself but is an invitation to others to make an offer. Discussion- according to the case, Tom placed an advertisement in the Motor Sports Magazine. Advertising to the public at large. The advertisement stated that the car was for sale, not that the seller would sell to all comers. Chris however saw the offer and was interested in taking the offer stated

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    Law and Evidence Case Brief

    Brian Eco Law 202 Law & Evidence Title of Case: In Re Winship Legal Citation: 397 U.S. 358, 90 S. Ct. 1068, 25 L. Ed. 2d 368 (1970) Procedural History: The District Federal Court found the defendant guilty due to the evidence that was obtained and showed during the trial. The Circuit Court of Appeals over ruled the Federal District Courts ruling because of lack of proof beyond reasonable doubt which 99% of probable cause is needed. The United States Supreme Court upheld the decision of the

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    Briefing Case Wto/Ds8

    khác. B. CONTENTS: I/ FACTS On 21 June 1995, the European Communities (“EC”) filed a request for consultations with Japan. The dispute related to the internal taxes levied by Japan on certain alcoholic beverages. Pursuant to Japanese Liquor Tax Law, spirits exported to Japan were discriminated against as a substantially lower tax was levied on “shochu” than on whisky, cognac and white spirits. For example, the tax rates per litre of pure alcohol levied on "shochu A" and shochu B" are lower than

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    Law Cases

    COMPILATION OF CASE LAWS LAW OF TORT 1. DONOGHUE V. STEVENSON (1932) AC 562 On the evening of Sunday 26 August 1928, Mrs May Donoghue, boarded a tram in Glasgow for the thirty minute journey to Paisley. At around ten minutes to nine, she and a friend took their seats in the Wellmeadow Café in the town's Wellmeadow Place. They were approached by the café owner, Francis Minghella, and May's friend ordered and paid for a pear and ice and an iced drink. The owner brought the order and

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    Law Cases

    AHMAD IBRAHIM KULLIYYAH OF LAWS LEGAL PRACTICE DEPARTMENT PROFESSIONAL PRACTICE II LAW4511 OPINION WRITING EXERCISE MEMO From: Senior Associate To: Legal Assistant Date: 16 November 2015 Instructions: You will find enclosed: 1. Statement of Guan Hock Tong; 2. Raman Ali; 3. Extract from Report of Ir. Jelani Attan. The Firm has agreed to act on behalf of Mr. Guan Hock Tong who suffered personal injuries in an accident in 2014. Mr. Guan was then employed as a wireman by Puncak Indah

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    Commercial Law Case

    Law Paper – The Contract (Case Study) Introduction This law paper is based on a case # 63075 from Provincial Court of British Columbia in which there was a false insurance claim made by Gulbhar Singh Bhullar (Son) and Kuldip Singh Bhullar (Father) from ICBC (Insurance Corporation of British Columbia). The date of hearing and judgement was January 22, 2009 and the place of hearing was Surrey, BC. The Counsel from Claimant side was R. Wellman, Q.C. and from Defendant side was C. Alexander. And

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    Tort Law Cases

    Tort Law Cases/Assignments Trial Procedures Lewis v. Robinson 2001 BCSC 643 British Columbia Supreme Court The plaintiff, Kenneth Lewis, was a delivery person. He knew that the defendants, Will Robinson and Marci Salach, were the new owners and occupants of the property, but Lewis didn't know that the defendants had a dog. Lewis entered the property and was confronted by Salach and her dog. She was holding the dog's leash at the time. Most times, the dog was chained to its doghouse on the

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    Contrat Law: Case Study

    “Vision” Magazine: Case Study ------------------------------------------------- Case Study ------------------------------------------------- Peter advertised widely in the media, offering various subscription deals to ‘Vision’, his politics magazine. One deal provided a subscription for three years and required payment of £100 to be made by 30 April. Orders received after that date would be charged at £150.Ray sent an order with a cheque for £100, which he posted on 25 April. His order was not delivered

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    Case Law

    a legal point of view? Your answer should contain references to appropriate case law." The offering of a job to someone may be the beginning of the end of the employment relationship due to several issues that arise between the two in the course of the employment relationship. More research in Australia in the case law has evidenced different issues that surround the employer-employee relationship. Under the common law, employers and employees have a contract of employment which may be a fixed term

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    Intro to Business Law Cases

    David’s Case In advising if a legally enforceable contract exists between Sam and David, I would first consider the requirements of forming a valid contract. Formation of a valid contract requires six pre-requisites all of which must exist in order for a valid contract to exist. Intention to Create Legal Relations From an objective perspective it can be seen that a reasonable person in Sam’s position would not have had the intention to create legal relations with David. Although this may have

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    Taxation Law Case Analysis

    CLAW3201 Case Analysis Introduction In Crown Insurance Services Ltd v Commissioner of Taxation (Crown), the issues raised are pertinent to the residence and source of the company under s6(1) of the Income Tax Assessment Act 1936. As cases are determined on the basis of all relevant facts and circumstances of each case, this analysis will focus on how the court’s decision process determined whether Crown had carried on business in the years 2004-2007 inclusive and the existence of central management

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    Case Briefings

    Issue: The issue is whether Mitchell’s actions constituted misconduct under § 59-9-5(b), N.M.S.A. 1953 to disqualify her from certain unemployment compensation benefits. Rule: The term "misconduct" was not defined in the unemployment compensation law in New Mexico. Also, the Wisconsin Supreme Court examined the misconduct subsection in their unemployment compensation act, but found no statutory definition of the term. So they formulated the following definition; ...'misconduct'...is limited

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    Case Law in Health Care

    Case Law in Health Care Health care all over the world often sometimes face many obstacles, according to (Hammer & Sage) “Lawsuits against hospitals constitute the lion’s share of antitrust litigation. Between 1985 and 1999 hospitals were defendants in 61 percent of 394 medical antitrust disputes that led courts to issue formal opinions (hospitals were plaintiffs in only 6 percent. These numbers understate the burden of hospital antitrust litigation because most filed claims do not result in a published

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    Case Law

    Running Head: ARTICLE OR CASE LAW SEARCH Article or Case Law Search HCS/430 Article or Case Law Search According to "Healthcare.gov “The Affordable Care Act was passed by Congress and then signed into law by the President on March 23; 2010. On June 28, 2012 the Supreme Court rendered a final decision to uphold the health care law”. The Affordable Healthcare Act affords new means to hold insurance companies responsible and offers strong selections for customers. For example as part of the

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