it is irrelevant whether Jim knew the liquid was vodka because driving while intoxicated is a strict liability offense. Jim’s attorney contends that if the statute‚ which imposes a severe punishment without proving any mens rea on the defendant’s part‚ is a strict –liability statute‚ it would be unconstitutional. ISSUE The issue in this case is whether Michigan Vehicle Code MCL 257.625 is a strict liability statute? RULE MICHIGAN VEHICLE CODE (EXCERPT)‚ Act 300 of 1949‚ MCL 257.625(1) - (1) A person
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The two occupier liability acts are‚ the 1957 act covers liability of occupier for injury suffered by lawful visitors. The Duty of care under the 1957 Act is only for people who have permission to be on the site (invitees or licensees) there is no duty of care for trespassers under this act. The 1984 act offers defence for trespassers as to the lawful visitor’s act of 1957. The occupier of the land owes a duty if he knows or has a rational thought as to if the ground is dangerous. The 1957 Act is
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Limited Liability Company and Partnership Jasamine L. Stephens Finance for Decision Making FIN/419 October 10‚ 2011 Maria Johnson Limited Liability Company and Partnership Every business venture begins with a dream and a basic idea. Beginning a business is a decision that must be made by first deciding what type of entity to establish. There are several factors that need to be decided such as will the new business have one or multiple owners. The most common forms of a business
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Doctrinal bases of liability 4 1.1. Reasonable Care and Skill . 4 1.2. Fiduciary Law 5 1.3. Knowing Receipt‚ Inconsistent Dealing‚ and Assistance 6 1.4. Emerging Standard: Due Diligence‚ Suitability‚ Good Faith 7 2. Duty to advise and the liability for the advice given 8 2.1. Duty to advise 8‚ 9 2.2. Liability for advice given 10 Referencing 12 Introduction In this report I defined the duties and liabilities of a Banker under Advisory and Transactional liability in Banking
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Classification of Assets: 1) Fixed Assets : A long term tangible assets held for business use and not expected to be converted to cash in the current or upcoming fiscal year such as manufacturing equipments also called plants. 2) Current Assets : Current assets are those assets which are held for sale or to be converted into cash after some time. 3) Contingent Assets: A contingent asset is one which comes into existence upon the happening of a certain event. If that event happens the asset becomes
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NEGLIGENCE: THE EMPLOYER’S DUTIES Employers Liability in Negligence • May be personally liable to employees who injure themselves. • May be personally liable to employees who are injured by another employee or sometimes by an independent contractor employed by the employer. • May be vicariously liable if one employee is injured by another employee. NOTE: • Employees may also be able to recover from statutory workers compensation schemes. • Employees’ rights at common law may be restricted
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The Elements of Criminal Liability ACTUS REUS & MENS REA "Actus non facit reum nisi mens sit rea"‚ or "an act does not make a man guilty unless his mind be also guilty (Burgess‚ 2004‚ p.8)." In criminal law‚ for an individual to commit a crime‚ there must be present two elements. They are: Actus Reus (meaning guilty act or omission); and Mens Rea (meaning guilty mind). Actus Reus is the guilty act or omission in the commissioning of a crime. In short‚ it is what the offender does
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of Limited Liability Partnership. Its purpose was to solve the conflict | |between the continually expanding professional service organizations and unlimited joint liability. In 2006‚ newly revised the | |"Law of the People’s Republic of China on Enterprise Partnership" referenced this system‚ referred to as "special general | |partnership". This new organization blocked the unlimited joint liability among partners‚ partners protected by limited | |liability. Because of
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Liability Exposure in Business Joshua Houghton Ashford University BUS670 Legal Environment Professor Janet Fiorentino February 17th‚ 2013 Liability Exposure in Business Creation of a business of any type has to fall under a particular organizational form. There are many elements to starting a business a future proprietor should consider‚ such as degree of forms and applications that need to be filed‚ state and federal‚ legal liabilities‚ level of difficulty in the formation of a business
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THE LIMITED LIABILITY COMPANY A popular form of business‚ especially with small businesses‚ is the hybrid form of business‚ the limited liability company (LLC) or a limited liability partnership (LLP)‚ which combine the best features of a partnership and a corporation. In 1988‚ the Internal Revenue Service (IRS) ruled that the LLC may be treated as a partnership for tax purposes‚ while retaining its limited liability for its owners. Since this ruling‚ every state has passed legislation permitting
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