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Free research papers and essays on topics related to: case law

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  • Accomplice Liabilty - 2,666 words
    Accomplice Liabilty Questions Presented 1. Whether a person in Alaska can be charged as an accomplice to an unintentional crime, when Alaskan courts required that one must have the specific intent to promote or facilitate the offense? 2. Whether the mother was the legal cause of her children's death, when she permitted the father to take the children in his car when he was drunk? Statement of the Case The appellant, Elaine Benis, was indicted in the County of Norchester, on one count of manslaughter, pursuant to A.S. 11.41.120. (R. at 1.) She was also indicted for one count of accessory to manslaughter, pursuant to A.S. 11.41.120 and A.S. 11.16.110. (R. at 1). After the presentation of the p ...
    Related: oxford dictionary, drunk driving, supreme court, traffic, commission
  • Accomplice Liabilty - 2,655 words
    ... er to determine the legislative intent behind this statute. There is no concrete history for the present code but the court relied on commentary from the tentative draft of the Alaska Criminal Code revision. The commentary states, "Subsection (2) codifies the current case law that one is liable as a traditional 'accomplice' if he acts 'with intent to promote or facilitate the commission of the offense'." Alaska Criminal Code Revision Part II, at 31 (Tent. Draft 1977) (citations omitted) quoted in 818 P.2d 691, 692. This comment is persuasive because prior to the revision every time the Supreme Court of Alaska defined the mens rea requirement for an accomplice it stated that one has to ha ...
    Related: criminal law, criminal case, drunk driving, alaskan, requirement
  • Boundaries Of Ownership - 3,055 words
    Boundaries Of Ownership BOUNDARIES OF OWNERSHIP Nobody owns this essay. It is important that I make this very clear and that I do so at the earliest possible moment. I must do this because the essay that you are reading is about intellectual property, and that means that this essay must be self-referential. When one writes or speaks or communicates in any way about intellectual property, one is dealing with some of the most basic rules of the very medium in which one is operating. There is no neutral ground here, no possibility of genuine detachment or objectivity. Either I am going to claim the protection of the current laws that apply in the United States and under the World Intellectual P ...
    Related: ownership, digital technology, constitutional law, intellectual property, favorite
  • Corporate Governance - 1,339 words
    ... corporate's to the heavy weights of our society , for developing a purposeful model of governance . Legislative weaknesses The limited liability system initiated by the Companies Acts and other legislation's , laws formulated by the government and other agencies to impose governance have not been as effective as they should have been, which is a matter of common knowledge and need not be gone into. The Companies Act place the ownership of the company solely in the hands of equity shareholders. Holders of preference shares have no rights of intervention unless their dividends are unpaid, investors of loan capital also have limited rights and the directors have unlimited liability and ar ...
    Related: corporate, corporate governance, effective governance, governance, board of directors
  • Death Penalty Is Cruel - 897 words
    Death Penalty Is Cruel At the onset of this assignment, I believed that capital punishment was wrong for many reasons. At the conclusion of this assignment, I believe even more strongly that the death penalty is wrong, and have come upon more reasons for my belief. It is extremely difficult, however, to find case law that endorses the abolishment of capital punishment, since capital punishment has not been yet overturned. From a legal point of view, the best argument against capital punishment is that it constitutes cruel and unusual punishment in violation of the Eight and Fourteenth amendments to the Constitution. Most people would agree with the statement that the Constitution, and the am ...
    Related: cruel, death penalty, death row, penalty, more effective
  • Email Privacy Rights In Business - 2,215 words
    E-Mail Privacy Rights In Business E-Mail Privacy Rights In Business E-Mail Privacy Rights in Business I. Abstract How far we have come in such a small time. When you think that the personal computer was invented in the early 1980's and by the end of the millennium, several households have two PC's, it is an astonishing growth rate. And, when you consider business, I can look around the office and see that a lot of the cubicles contain more than one PC. It is astonishing to me that such an item has taken control over the information technology arena like personal computers. Consider, however, the items that go along with personal computers: printers; modems; telephone lines for your modem; sc ...
    Related: email, employee privacy, legal rights, privacy, privacy protection, privacy rights, right to privacy
  • Email Privacy Rights In Business - 2,199 words
    ... ilter Co. [630 F.2d 414 (5th Cir. 1980).], the courts decided that if the employer had difficulty controlling personal use of business equipment, then a personal call could be intercepted in the ordinary course of business to determine its nature, but not its contents. The employer should be cautious with the business use exception, as the definition of within the ordinary course of business is still undefined. 3. System Providers Where employers provide their own company e-mail system there are two additional thoughts to support the non-relevance of the ECPA to them. The first theory is only available for employers with a system whose messages remain entirely intrastate, and is based on ...
    Related: constitutional right, email, employee rights, invasion of privacy, privacy, privacy issues, privacy rights
  • Gun Laws - 5,486 words
    Gun Laws States from Michigan to Nebraska to California, as well as the federal government, are considering new rules on letting law-abiding citizens carry guns. Does allowing citizens to carry concealed handguns deter violent crimes? Or does this cause otherwise law-abiding citizens to harm each other? Thirty-one states now have guaranteed their citizens the right to carry concealed handguns if applicants do not have a criminal record or a history of significant mental illness. So what have the results been? The numbers tell the story Using the FBI's crime-rate data for all 3,054 U.S. counties by year from 1977 to 1992, I co-authored a study in the January 1997 Journal of Legal Studies. We ...
    Related: case law, control laws, gun laws, foster care, individual rights
  • Hippa Effects Of Health Insurance - 1,253 words
    ... ity in the event of a security incident. The damage control procedures should also include: a disaster recovery plan, emergency mode operations, equipment control, an organization security plan, procedures for verifying authorization prior to physical access, maintenance records, need-to-know procedures for personnel access, and sign-in procedures for outside (contract) vendors. Security Management Process Health care operators are required to establish risk reduction security policies to insure accountability, prevention, containment, and correction of security breaches including risk analysis, risk management, and sanction policies. Additional measures to protect sensitive data include ...
    Related: department of health and human services, health, health care, health care industry, health information, health insurance, insurance
  • India Overview - 2,679 words
    ... ce in Kashmir as symbols of a nation in disarray. India sometimes seems fragile but its strength lies in the large and apolitical army, a ponderous bureaucracy and a powerful commitment to political freedom at the grassroots level. India is a multi-ethnic nation with a population of over 1 billion people that represent a multitude of racial, religious and ideological types and subtypes. It is beset by such problems as widespread poverty and communal disharmony. Yet it is the worlds largest democracy where ancient civilization coexists with modern technology. The Legal System The main sources of law in India are the constitution, statutes (legislation), customary law and case law. The sta ...
    Related: india, overview, public sector, business culture, absorption
  • International Law Is The Body Of Legal Rules That Apply Between Sovereign States And Such Other Entities As Have Been Granted - 1,656 words
    International law is the body of legal rules that apply between sovereign states and such other entities as have been granted international personality (status acknowledged by the international community). The rules of international law are of a normative character, that is, they prescribe towards conduct, and are potentially designed for authoritative interpretation by an international judicial authority and by being capable of enforcement by the application of external sanctions. The International Court of Justice is the principal judicial organ of the United Nations, which succeeded the Permanent Court of International Justice after World War II. Article 92 of the charter of the United Na ...
    Related: apply, international community, international court, international court of justice, international justice, international law, international legal
  • Microsoft Vs Doj - 1,985 words
    Microsoft Vs. Doj Microsoft vs. DOJ Arguments of the DoJ (the white paper) 1. Microsoft and its Monopoly Power MS monopoly power is in personal computer operating systems. A PC operating system as you all know controls the interaction of the different parts of the computer. It creates files, organizes the computers memory and creates a platform for applications. The operating system is indispensible to the computer for this reason. Maybe that changes as technology evolves but right now a computer without an OS is nothing but a box of inert hardware. MS today ships 97% of PC OS that are installed by computer manufacturers. Case law defines monopoly as beginning at about a 70% share of the mar ...
    Related: microsoft, operating system, computer operating systems, netscape navigator, virtual
  • Napster Wars - 1,410 words
    Napster Wars Fifth Amendment A young Shaun Fanning, attending school in high school in Harwich, Massachusetts had two loves: 1) Sports ( baseball, basketball, and tennis ) and 2) computers. As his curiosity grew for computers, he decided to stop his sport playing, and spend most of his time working with computers. He primarily focused on two aspects of the computer, programming and the Internet. His computer fascination grew into an obsession throughout high school. His freshman year at Northeast University in 1998 was spent trying to enter computer science classes higher than the entry level. Not finding anything challenging about the courses, he decided to start writing a Windows based pro ...
    Related: napster, court case, file sharing, due process, boring
  • New York Association Of Adult Entertainment Establishments - 1,591 words
    New York Association Of Adult Entertainment Establishments New York Association of Adult Entertainment Establishments (NYAEE) causes to act in a legal suit against the Department of City Planning. Background and Facts. In this dispute, the Adult Establishment has been restricted in the city of New York, Manhattan, Queens, Brooklyn, Bronx, and Staten Island: I. Adult establishments, new and old are barred from certain districts that are zoned for manufacturing and commercial use but also permit residential development. II. Adult establishments must locate 500 feet from schools, houses of worship, day care centers. III. No more than one adult establishment in a zoning area. IV. Adult establish ...
    Related: adult, entertainment, entertainment industry, york city, york department
  • Role Of Superior Court Judges - 1,997 words
    Role Of Superior Court Judges INTRODUCTION: Law is one part of a set of processes, social, political, economic and cultural, which shape and direct the development of society. Like all other mechanisms the law seeks to govern human behaviour. The Irish law system belongs to common law systems established in England by the Norman's. This type of law responded to actual rather than anticipated problems. In contrast the law in the civil system is contained in comprehensive codes which are enacted by legislators and which attempt to provide for every legal contingency. Case law or 'la jurisprudence' has lesser significance and lacks the quality of enjoying in the force of law. Sources of law inc ...
    Related: circuit court, court system, criminal court, high court, superior court, supreme court
  • Scholarly Legal Writing - 1,482 words
    Scholarly Legal Writing The education of lawyers must not merely involve the acquisition of knowledge and skills; it must include the cultivation of creative thinking and imagination, the appreciation of the commonality of the human condition, and development of a sense of judgment and responsibility. Hence, lawyering includes the ability to understand and critique existing and emerging visions of the profession in relation to interdisciplinary and multicultural perspectives, the implications of technology, and the consequences of economic globalization.# As the preceding quotation suggests, legal scholarship has a major impact on the future of the profession. The future of any legal student ...
    Related: effective writing, scholarly, writing process, writing skills, writing style, writing techniques
  • Selfdefense In Criminal Cases - 1,314 words
    Self-defense in criminal cases. Let American Consumer Counseling Help you Get Out of Debt! Self-defense in criminal cases. One of the frustrations faced by many businesses is that after the perpetrators of crimes have been identified, the District Attorney's office will not pursue the case. One option is for victims to sue the DA in an attempt to compel him to prosecute, but this would be costly and proving dereliction of duty would be difficult. The DA is effectively immune. Other options are more promising. The law should encourage (and prosecutors' offices should welcome) private preparation of criminal cases. Prosecutors' budgets simply do not allow vigorous prosecution of all the availa ...
    Related: case law, criminal, criminal case, criminal justice, criminal prosecution
  • Software Licensing In 1993 Worldwide Illegal Copying Of Domestic And International Software Cost 125 Billion To The Software - 1,865 words
    Software Licensing In 1993 worldwide illegal copying of domestic and international software cost $12.5 billion to the software industry, with a loss of $2.2 billion in the United States alone. Estimates show that over 40 percent of U.S. software company revenues are generated overseas, yet nearly 85 percent of the software industry's piracy losses occurred outside of the United States borders. The Software Publishers Association indicated that approximately 35 percent of the business software in the United States was obtained illegally, which 30 percent of the piracy occurs in corporate settings. In a corporate setting or business, every computer must have its own set of original software an ...
    Related: business software, computer software, copying, illegal, licensing, pirated software, software
  • The Civil Rights Movement Black Panther Party - 1,354 words
    ... r them to fight for the causes that they believed in. It was easier to be noticed as an influential group and viewed as a possible threat when a large amount of organized individuals were pulled together to make noise and work towards change. We have drawn a line of demarcation and we will no longer tolerate fascism, aggression, brutality, and murder of any kind (Newton 21). The Black Panther Party in pursuing their goals also chose to be a Marxist-Leninist party; they chose to use both theory and practice (Meier 37). This approach had not yet been pirsued within the Civil Rights struggle and succeeded in gaining attention. The Blacks worked towards what were considered real goals: survi ...
    Related: black panther, black panther party, black people, civil rights, civil rights movement, panther, panther party
  • The Conflict Of Interest Inherit In Administrative Review - 2,807 words
    The Conflict Of Interest Inherit In Administrative Review The Conflict of Interest Inherit in Administrative Review and the Ineffectiveness of the Current Standard of Review by U.S. District Courts Law and Medicine By # I. Introduction The Employee Retirement Income Security Act, better known as ERISA, has been a major issue in healthcare litigation since its inception in 1974. ERISA governs any claim centering on health insurance, disability insurance, or any other employer provided benefits. ERISA affects many aspects of the American legal system, from inter-state commerce to bankruptcy, and particularly insurance and healthcare law. ERISA contains clauses for both the procedure and subs ...
    Related: administrative, conflict of interest, inherit, benefit plans, hospital care
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