DR. RAM MANOHAR LOHIYA NATIONAL LAW UNIVERSITY LUCKNOW SEMESTER II LAW OF CONTRACTS PROJECT EXCEPTIONS TO RESTRAINT OF TRADE: CASE LAWS ACKNOWLEDGEMENT I would like to extend my sincere thanks to My teacher and my mentor Mrs. Vishalakshi for giving me this wonderful opportunity to work on this project and for her able guidance and advice‚ Vice Chancellor‚ Dr. Gurdeep Singh Sir and Dean (Academics)
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arguments for wrongful termination the employees from Mopak can make in their suit is that Mopak performed an unreasonable search of their vehicles‚ violating their expectation of privacy. The search was made without a warrant and violated their Fourth Amendment Rights. (Lawyer.com‚ 2013) The contract workers are bound by contracts that may have an at-will clause in it‚ in which case they‚ like the regular employees‚ can be terminated at-will. Even though when there is a contract‚ written or oral‚
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rights under the Fourth Amendment can make or break a case in trial. According to the Fourth Amendment‚ “the right of the people to be secure in their persons‚ houses‚ papers‚ and effects‚ against unreasonable searches and seizures‚ shall not be violated‚ and no Warrants shall issue‚ but upon probable cause‚ supported by Oath or affirmation‚ and particularly describing the place to be searched‚ and the persons or things to be seized.” This is a United States citizens Fourth Amendment right equally protected
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Andrea Crocker An Exception to the Brandt Line Generally‚ more developed countries (MDCs) are in the northern hemisphere‚ and most less developed countries (LDCs) are in the southern hemisphere. There are exceptions such as Australia‚ Brazil‚ and New Zealand. The Brandt Line is an imaginary division that has provided a rough way of dividing all of the countries in the world in to the rich north and poor south. Many countries in the poor south have become more developed since the 1980’s‚ so many
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There are six major exceptions to the warrant requirement. 1. Search Incident to Lawful Arrest A search incident to lawful arrest does not require issuance of a warrant. In other words‚ if someone is lawfully arrested‚ the police may search her person and any area surrounding the person that is within reach (within his or her “wingspan”). See Chimel v. California‚ 395 U.S. 752 (1969) EXAMPLE: John is arrested for driving while intoxicated after being pulled over for running a red light.
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at all. However‚ there are exceptions to this rule that everyone needs to understand. Illegal Reasons At-will employment is present in every state in the United States except for Montana. That
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Respondent. ON WRIT OF CERTIORARI TO THE SUPREME COURT OF FLORIDA Syllabus The case present before us involves the constitutionality of a dog sniff in regards to the 4rth Amendment. The respondent claims that the police officer‚ a representative of the State of Florida lacked probable cause to search the vehicle. The dog used in the operation‚ Aldo was not reliable since his detector certification had expired. Also‚ the officer
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Introduction For more than a century‚ the 2nd Amendment has been at the forefront of political upheaval. Great politicians and lawyers such as‚ Joseph story‚ speaking on the preamble of the 2nd amendment‚ stating that the “true office” of the preamble “is to expound the nature and extent‚ and application of the powers actually conferred by the constitution‚ and to substantively create them” § 462 (F.B. Rothman 1991) (1833). What Story meant by this was that the preamble to the constitution only
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Without the Fourth Amendment of the Constitution‚ America would be a very different place. The framers of the United States Constitution anticipated the necessity of an amendment that would protect citizens from a government that would potentially overstep its boundaries. The Fourth Amendment was included in the Bill of Rights as one of the guarantees afforded to all citizens protecting rights to privacy and illegal search and seizure. In today’s society with the new technologies for surveillance
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Unreasonable Searches & Seizures- In the New Jersey v. T.L.O. case‚ T.LO. and her friend were accused by a teacher for smoking in the bathroom. Her friend admitted to‚ but T.L.O kept denying it. The teacher brought her purse to the principal‚ and the principal demanded to see her purse. Proof that T.LO. was selling drugs was found. They took it to the police and she finally committed to selling marijuana. The state of New Jersey brought charges against her. In court she argued that the Fourth Amendment right
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