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Color of Law

As a Legal Management Student who will soon be proceeding to Law, I have learn and realized so many things about being a lawyer when I finished reading the Color of Law by Mark Gimenez. When I was still a little child my dream was to become best lawyer so I can help those unfortunate people. I always thought being a lawyer is about helping, defending, and giving justice to my fellow Filipinos. I also thought that when I become a lawyer I can have lots of money to provide my needs and as to my family. I also thought that those lawyers were the best because they gamble their lives every day just to defend the citizens of its…

Declaration of Principles and Policies

Some of us here in Congress may have heard of the cancellation of CLOAs in Hacienda Looc, Batangas, Sumilao, Bukidnon and Hacienda Maria, Agusan del Sur. These are only some of the 2,555 cases involving cancellation of EPs and CLOAs which covers 29,682 hectares of land. To be specific, the case of Hacienda Maria in Agusan del Sur involves ninety-four (94) farmers that were already in possession of the land with titles issued more than ten years ago. These titles are now facing cancellation, apparently on the ground that the former Ministry of Agrarian Reform has erroneously covered that piece of land under Presidential Decree No. 27. One of the grounds for cancellation under DAR Administrative Order No. 2, series…

Designing an Office Space

Designing a new office space for a law firm requires careful consideration and planning. Not only must the space be esthetically pleasing, but must function well for those who work within it. In addition, there are many other considerations that must be addressed. Among them are what type of space to choose, budgetary constraints, room for expansion, and technology. CHOOSING A SPACE The old adage in real estate goes “location, location, location.” This also holds true when considering a space for your firm. In our fact pattern the supervising attorney has two choices. The first is a shared space with five other solo practitioners. The second is a suite of offices that are located adjacent to a mid-sized firm. I…

Proprietary Estoppel

“In Thorner –v- Major, the House of Lords confirmed that a claimant seeking to establish a proprietary estoppel must prove three things: (1) that the defendant’s assurances or conduct in relation to identified property were sufficiently clear and unambiguous in all the circumstances, (2) to lead the claimant reasonably to rely on those assurances or conduct; (3) by acting significantly to his detriment, so that it would be unconscionable for the defendant to deny him any remedy.” (Per Hayton and Mitchell: ‘Commentary and cases on the law of Trust and Equitable Remedies’, 13th edition, Sweet and Maxwell, page 78) Critically analyse and evaluate this statement in light of recent developments in the law of proprietary estoppel. Despite the lack of…

The Element of Alternative Liability

The alternative liability theory is most often used when two or more tortfeasors simultaneously commit independent acts of negligence, but only one act causes the injury, the plaintiff is then relieved from the burden of proof with respect to causation, and may sue both tortfeasors without direct proof of causation. However, the burden thus shifts to the defendant to exculpate them. Otherwise, defendants will be held joint and severally liable. In addition, the alternative liability theory has a very limited application, and is only used if all possible wrongdoers have been brought before the court. If I understand this theory correctly I believe that the courts should grant the plaintiff parents their motion to shift the burden of proof with…

Information Technology Acts

The Children’s Internet Protection Act (CIPA) was brought before legislation in December of 2000 and signed off by President Clinton. The law was brought about to protect children from certain internet usage that could be accessed at public and school libraries. Although there were officials that tried to overturn this bill, stating that the bill limited ones First Amendment Rights the law is still in place and helps in the protection of children as they search the internet in federally funded libraries. The need for this law to be present was due to the issues of the advancement in technology. The process of children learning and accessing information has changed dramatically from when the first bill was passed to protect…

Promise vs. Duty in Nursing

According to Merriam-Webster Dictionary (1997), the definition of a promise is “a pledge to do or not to do something specified.” For the sake of not sounding like a bunch of politicians who seldom keep their rhetorical promises, I think we should change the word to something more honorable such as to duty. Duty, according to Merriam-Webster Dictionary (1997) is “conduct or action required by one’s occupation or position”. That is much more fitting. Promises can be made and broken by individuals. A duty is inherent in the position one holds. Promises are a voluntary commitment. A duty is an ethical standard or obligation that applies to a position or occupation. Dorman and Middaugh, (2009) stated that “repeated gaps between…

Sport Law

1. What are the benefits of using a worst case scenario approach in drafting contracts? The benefits of using a worst case scenario include protecting the interests of the organizations in case of a breach of contract. 2. Explain the concepts of agreements, consideration, capacity, and legality in formation of contracts. A) An agreement consists of an offer and acceptance. An offer to sell equipment for $300 is a communication of an offer. If one agrees to pay the price for the equipment there is an acceptance. B) Consideration involves the exchange of value. One party gives up something of value in exchange for the other party’s value. If there has been an exchange of promises, there can be no…

The Roman Empire and Han Dynasty

The Roman Empire and Han Dynasty had very similar cultures, but had different attitudes toward the importance of individuals and their obligations. Both empires had the same political structures that were based on bureaucratic systems. The Roman Empire was a republic, where the aristocrats had the opportunity to vote for their leader, and Han china was a dynasty, where the power was passed down by family. Both were well organized bureaucratic systems. Although Han china was more complex and was based upon Confucianism which identified principles necessary for political order. The Roman Empire was founded upon Roman law and classical learning and had a greater emphasis on law codes, like the twelve tables who established the laws. Thus, Han china’s…

Law of Diminishing Marginal Return

The Law of Diminishing Marginal Return suggests the inverse relationship of marginal utility that a person derives from the quantity of his/her consumption of that given good or commodity. In other words, the higher the number of quantities one consume for a particular good/commodity, his/her marginal utility from consuming that given good decreases, and vice versa. For instance, a person derives 10, 14, 16 units of utility from consuming 1 unit, 2 units, and 3 units respectively of Pepsi Cola. Given this, though the utility of the person is in increasing trend [10 to 16 utils], but the marginal utility exhibits a decreasing trend [4 to 2 additional utils] as the number of Pepsi Cola is consumed by the given…

Black Codes

The black codes were a another word for hate, and the reason I say this because the true meaning of The black codes is a law that stops the blacks from having freedom, and later on they would begin to Force them into owing or as I was taught debt. With legal prohibitions of slavery ordered by the Emancipation Proclamation, acts of state legislature, and eventually the Thirteenth Amendment, Southern states adopted new laws to regulate Black life. This was a very serious law for the blacks it was Mean and made them seem like they weren’t people just like they did the grandfather clause and I say This wasn’t a very good matter. This was like the grandfather clause…

Defense Attorneys

Discuss the role of defense attorney’s in the courtroom workgroup. A defense attorney is a lawyer who provides legal representation for a person who has been arrested and charged for breaking the law or when an individual been served with a lawsuit. For example, when another individual filing the lawsuit goes after money for damages or justifiable relief of some sort. A very small portion of lawyers actually discuss that they work as criminal defense attorneys. This is because of the negative labeling assigned to the profession by American Social Forces. However defense attorneys are very important in the criminal justice system. They work to protect the innocent from being falsely convicted, and they work to protect the constitutional rights…

English Creative Choice Antigone Assignment

Law. What is it but a set of rules created by man? It is nothing. Insignificant to life. Amoebas do not have laws. Neither do Animals. Yet, we live by them every day, throughout anything we do. You don’t drive to work on the left side of the road; neither do you steal food from your neighbors in retaliation for their horribly kept lawns. No matter for ridiculous, unnecessary, or primitive these laws; they are there for a reason. Yet, despite all that, Antigone thinks she is above all laws, and that she can prance around the city as she wishes, acting on any whim she desires. This, my friends, is most certainly not the case. Nobody is above these…

Addressing International Legal and Ethical Issues Simulation Summary

Conducting international business can be a profitable endeavor but requires a lot of tact and strategy. In international business legal issues may arise but must be resolved in order to retain the relationship. This problem includes but is not limited to changes in legislation, clashes of interest, ethical dilemmas, cultural and ethical differences. When entering into an agreement with another country legal agreements must be drafted to protect the company interest. Consideration must be made of the countries culture and ethical differences. The process of sublicensing can be positive for CadMex. However, the process consumes an incredible amount of time and money. Sublicensing could also violate the non-disclosure agreement. Local customs in laws can conflict with in organizations customs in…

Rights of Accused

On Merriam-Webster Dictionary, Due Process is defined as a judicial requirement stating that enacted laws may not contain provisions that result in the unfair, arbitrary, or unreasonable treatment of an individual. In all its complexity due process just simply means the rights of any citizen to certain procedural actions prior to the denial of their civil liberties. Due Process will only permit an accused person time to go through the court proceeding, hoping to prove his or her innocence and/or guilt. Due Process will also give the individuals who have been accused of a crime the right to a fair and public trial, the right to be at the trial, the right to an impartial jury, and the right to…

Health Safety and Security

Outline how legislation, policies and procedures relating to health, safety and security influence health and social care settings. M1: Describe how health and safety legislation, policies and procedures promote the safety of individuals in a health or social care setting. Within health and social care there are a number of acts and procedures set out in legislation which must be followed. These acts ad procedures influence care settings by offering practical examples of good practice and the way that health and social care should be delivered. They provide advice on how to comply with the law and determine what is reasonably practicable. The acts enforce a duty of care to everyone who is involved at all levels such as the…

Legal Studies – Basic Legal Concepts

Law – is a set of rules that is binding the community. A set of rules that can be enforced and is officially recognized. Law must be capable or reform and change as society’s values and ethics change. Relationship between customs, rules and laws- Customs and rules govern behavior but the courts do not enforce them on community members. The community may generally see a custom as right but it is not legally enforceable. Rules, however, may punish offenders but rules only apply in certain circumstances and areas. Laws are legally sanctioned and are enforced by the courts. Although the community generally accepts all three, rules and customs do not have the same legal sanction as laws. An example of…

Habeas Corpus and the War on Terror

The law of Habeas Corpus was created to permit the guilty to present their case in court and to be tried fairly. In today’s war on terror, the amount of such enemy combatants who were detained indefinitely without any trial has raised. The courts are split up on following the law by the letter or to practically change it according to the situation’s needs. I feel it’s necessary to follow these laws in the same context in which they were written, and the pragmatic approach leaves room for reckless changes. To deny an enemy combatant his or her day in court cannot be justified as taking the pragmatic approach in dealing with war criminals. This paper is an attempt to…

Sarbanes-Oxley Act

From the e-Activity, recommend how the SOX framework can ensure reliable and complete financial information and how accounting professionals have benefitted from its use. Provide support for your response. Evaluate how the SOX has reinforced investors’ and creditors’ confidence in companies and how these individuals can take steps to verify the accuracy of the financial statements of potential investments or loans. Provide support for your rationale. Answer: The Sarbanes-Oxley Act was signed into law on July 30, 2002. Passed in response to the corporate and accounting scandals of Enron, Tyco, and others of 2001 and 2002, the law’s purpose is to rebuild public trust in America’s corporate sector. The law requires that publicly traded companies adhere to significant new governance…

Responses to Three Employment Law Encounters

Fast Serve Inc. is a 25 million company, which employs more than 350 people involved in the direct marketing of branded sports apparel. The company decided to open two online marketing and 10% of the workplace was moved to manage the online distribution. After several months, the company noted that they were being affected by this last measure and was going to have to take steps to ensure that the Company is not affected. I am the senior manager in human resources department and was given the task of having to choose three of six employees for layoffs. As responsible leaders and managers have the task and responsibility to evaluate them in a fair and equitable way for all parties….

Professional Behaviour

A framework of professional principles can guide behaviour where the law is not applicable, not clear, or remains silent. Behaving legally is the minimum standard of behaviour expected of the ‘ethical’ accountant. Some behaviour, while legal, may still be regarded as ‘unethical’. Many aspects and decisions within accounting roles, at all levels, are not covered by the law. Therefore, in many different situations, the law is not sufficient to guide a professional’s behaviour, but a professional is also expected to behave in accordance with accepted professional principles. Acting in the public interest : The public is everyone who is affected or could potentially be affected by the work or shortcomings of accountants and auditors, including third party institutions. The interest…

Evolution of Medical Practice

1) Great Cases in Bioethics, compiled & edited by Paul A. Lombardo (2005) [available at the law school copy center] 2) Limits: The Role of Law in Bioethical Decisionmaking, by Roger B. Dworkin (Indiana, 1996) & Strangers at the Bedside: A History of How Law and Bioethics Transformed the Practice of Medicine, by David J. Rothman (Harper-Collins, 1991). [These are available for background material.–on reserve at the Law Library & the Center for Bioethics] The field of Bioethics has developed over the past thirty years as a product of several shifts in American cultural consciousness. The pervasive use of rights-based rhetoric borrowed from the civil rights movement contributed to the evolution in the role of physicians as they relate to…

Political Dynasty

The Philippine Constitution is a Social Contract which embodies the fundamental principles and policies, according to which the Filipino people are governed by the State. The fundamental principles are abstract and as such they cover every aspect of the life of the Filipino people; while the fundamental policies cover specific areas of application of those principles. The fundamental principles remain fixed and permanent, but the policies built upon those principles can be modified or repealed by legislation to suit the needs of the times. The title is product of my out of the box philosophizing about the provisions of Section 1 and Section 26 taken together of Article II of our Constitution. I must say that philosophizing does not tell…

Political Philosophy and Government

Name SOPA: The Unconstitutional Law Teacher Class/Period Date SOPA is a law that is trying to be passed by the United States of America. SOPA stands for Stop Online Piracy Act. While this may seem like a good thing, there are many reasons it is a bad thing. It is extremely vague, it can kill the internet, and the government can take advantage of this law. One thing about SOPA is it is extremely vague. The law is very vague about what the government can and cannot do. The government can enforce laws that are unreasonable with this act. They can also shut down any website completely. With this act live, the government includes a private right of action with…

What Is Political Philosophy

What is philosophy… and particularly political philosophy? Philosophy is a broad or specific study of areas concerned with existence, values, ethics, knowledge and reason. The word philosophy is rooted in the Greek word philosophia which literally meant ‘the love of knowledge’ So questioning human existence is one example: Does God really exists etc. Important as well are questions about what we know and what we can know; both constitute the area of philosophy known as epistemology (the theory of knowledge) Ethics is also a part of philosophy dealing with human conduct. What responsibilities do we have to ourselves as well as others? The study of political philosophy asks questions surrounding a just society and or state. David Rafael defines political…

Plato and Aristotle: An Analysis

Determining the best form of political association was important to the ancient Greek philosophers Plato and Aristotle, and each of them expressed his opinion in important works such as the Republic and Politics. In explaining, comparing, and contrasting the political philosophies of Plato and Aristotle, it is evident that each of them shared the same goal of identifying and promoting the best form of political government. They also shared in common the same philosophy regarding the origins of a political state. The State arises, Plato says through Socrates in the Republic, “out of the needs of mankind. ” (Plato) Aristotle agrees, and declares that the state is a political partnership that exists for purposes of self-sufficiency as well as for…

Alternative Obligation

GENERAL RULE: The right to choose belongs to the debtor/ obligor Except: When the right has been expressly granted to the creditor Right of choice of debtor not absolute. LIMITATION ON THE DEBTOR’S CHOICE (1) The debtor cannot choose those prestations which are (a) impossible , (b) unlawful ,or (c) which could not have been the object of the obligation. (2) Only one prestation is practicable (3) The debtor cannot choose part of one prestation and part of another prestation. (Art 1199) Communication of notice that choice has been made * The debtor must choose and communicate his choice to the creditor. * The alternative obligation will be converted into a simple obligation * The proof and form of notice…

Law and Morality

There has been an ongoing debate about the relationship between law and morality. Numerous writers and philosophers have proffered arguments on how law is affected by morality. The question it is believed is no longer if morality affects law, it is to what extent is law affected by morality? And should there be any limitations on the relationship between law and morality? The law and morality conflict has been persisting for many years. Both the natural law theorists and the positive law theorists would agree that there is a relationship between law and morality. The argument has now moved to what degree morality should play in law? The obvious indication that this has been laid to rest is HLA Hart’s…

Law and Morality

J. M. FINNIS: Rules made, in accordance with regulative legal rules, by a determinate and effective authority (itself identified and standard constituted as an institution by legal rules) for a ‘complete’ community, and buttressed by sanctions in accordance with the rule-guided stipulations of adjudicative institutions. [1] NATURALISTS ST. THOMAS AQUINAS: A rational ordering of things which concern the common good, promulgated by whoever is charged with the care of the community. [2] SOCIOLOGISTS ROSCOE POUND: Law is more than a set of abstract norms, it is also a process of balancing conflicting interests and securing the satisfaction of the maximum wants with the minimum of friction. [3] WHAT IS MORALITY? No single definition can be offered to describe what morality…

The Luango River Case

The situation of the Luango River case involves a dispute between the Republic of Ndebele and the Kingdom of Shauna over the transboundary water supply of the Luango River. The Republic of Nbdele has launched the creation of a major bauxite mining and processing industry. To provide energy for this industry, Ndebele has hired Dutch corporation Bello Nedam to construct a hydro-electric dam. Across the two countries lives the Ido minority indigenous population, who are protesting against the continuation of construction of this dam as a research conducted on the matter proved that the dam will impede their subsistence agriculture by reducing the water flow of the river. Nevertheless, the government of Ndebele has decided to continue with the construction…