The Legislative Branch Bicameral system -House of Representatives ‘Members elected based on population ‘Elected every two years -The Senate ‘Two senators from each state ‘Elected to six-year terms Power of Congress -Raise revenue taxation -Determine how revenue is spent -Regulate commerce -Establish laws necessary for congressional objectives The purpose of legislation Three purposes: -Protective -Remedial -Fairly applied to all The legislative process The
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was sued by ISC for making false and defamatory statements on her website. C. Marshall filed a motion to dismiss asserting lack of subject matter and in personam jurisdiction. 3. I = Issue A. Whether the district court has subject matter jurisdiction in the case at bar? B. Whether the district court can exercise in personam jurisdiction over the nonresident defendant?
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United States Supreme Court decided Marbury v. Madison. 2A Jurisdiction To hear a case‚ a court must have jurisdiction over the person against whom the suit is brought or over the property involved in the suit. The court must also have jurisdiction over the subject matter. Generally‚ courts apply a “sliding-scale” standard to determine when it is proper to exercise jurisdiction over a defendant whose only connection with the jurisdiction is the Internet. 3A Trial and appellate courts A trial court
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regard to the Enrica Lexie incident dealt with the legal aspects of coastal state jurisdiction and the sovereign immunity available to the Italian marines under international law and the national law extensively. The views of the Supreme court on the coastal state jurisdiction with regard to Enrica Lexie incident appears to be final‚ despite the Court having allowed the Italian marines to re- agitate the jurisdiction issue in the Special Court‚ which will try the crimes committed by the Italian marines
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ISSUE 1) ICJ jurisdiction- The marine shooting incident which occurred on 15th February‚ 2012‚ was an incident between two nation States and any dispute arising there from would be governed by the principles of International Legal Responsibility under which the rights and obligations of the parties will be those existing between the Republic of India and the Republic of Italy. NO PROVISION OF MARITIME ZONE ACT APPLIES ALONE‚ MUST BE IN CONSONANCE WTH UNCLOS: The Scheme of the Territorial Waters
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Chapter 1: Corporate Social Responsibility (CSR) • Definition o How the action and conduct of corporation affect society. Corporate have the duty to improve and protect society through the business. • Four Different Perspective o Economic Responsibility: Maximize profits. Fair pricing and quality products. Stakeholders in Corporation: Shareholders. Employee. Upper Management. Customer/Consumer. Vendors/Supplier. The key is to be able to balance and decide which
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Cargill vs. Intra Strata Assurance Corporation; March 15‚ 2010 Issues: 1.Whether petitioner is doing or transacting business in the Philippines in contemplation of the law and established jurisprudence; 2.Whether respondent is estopped from invoking the defense that petitioner has no legal capacity to sue in the Philippines; Facts: Petitioner Cargill‚ Inc. (petitioner) is a corporation organized and existing under the laws of the State of Delaware‚ United States of America. Petitioner and Northern
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Company kept judicial and executive functions separate since year 1793. But this system was not perfect; the appointment procedure of judges was faulty. Executive became judge and judge became executive vice versa because of lack of experience judiciary suffered as executive failed to do justice to judiciary. In 1868‚ company officers pointed out that native judges and pleaders who had received a regular legal education at the Calcutta University had a better knowledge than the civilian‚ executive
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1. The nature of the US Judicial system is: * US judicial system is an adversary system * It is a system in which opposing parties bring their conflict before an impartial judge 2. 2 basic types of cases: Criminal and Civil Criminal case * where the govt charge a person with a violation of a criminal law (Ex. killed someone/ robs a bank.) * Criminal law are laws that describe punishment for crimes against society * Punishment for violation of criminal law may be a fine or
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defines individual/entity’s legal rights and obligations. -Procedural Law: (the how bw) Law which tells you how you go about enforcing your legal rights and obligations. Ex) person’s right to sue another person/entity in a particular jurisdiction ⋄ Procedural (can you do this) Ex) Do you have the right to sue and recover from another person ⋄ Substantive Law Hypo: buyer and seller of property (generic for today) -buyer is resident of IL‚ Seller is resident of Indiana. Contract
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