Section 8 lays out the powers of the federal congress. If not laid out‚ then it is reserved to the states (10th amendment) -Discrimination in Employment for example is a federal law State Law (ex. Tort law‚ contract law) - There are over 50 different contract laws. Every state has own contract/tort lsaws. CONSTITUTIONS: g Constitutions are government charters. g They create and empower the various branches of government. g In addition‚ they establish the rights and obligations of persons
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-Bona Fide Occupational Requirement: is a genuine requirement for a job‚ such as‚ for example‚ the need to wear a hard hat when working on a construction site. Bona fide occupational requirement is a defence that excuses discrimination o a prohibited ground when it is done for a legitimate business reason. Bona Fide occupational requirement can be rejected if a male does not have the care‚ attractiveness and delegacy a women would have. Physical capabilities have also been rejected example a women
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intervening causes in the case that so there was negligence of the worker pulling the man on the train caused the injury so the action had to be in place for the injury to be foreseen. In tort law this is a groundbreaking case in our nations history. It helped launch an idea of proximate case. This new meaning would consider that a defendant is only liable the harm if it is reasonably foreseeable. Proximate cause is now has a boundary on the range of tort liability. I believe that the majority opinion
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Has WIRETIME‚ Inc. committed any torts? If so‚ explain. WIRETIME has intentionally carried out a business associated tort most commonly known as Defamation. In this case all 4 factors of defamation are there. A defamatory declaration was made; it was displayed to a 3rd party‚ the declaration was very particular to one organization‚ and it put a negative frame of mind to BUGusa’s clients. Scenario: WIRETIME‚ Inc. (Janet) Has WIRETIME‚ Inc. committed any torts? If so‚ explain. In this case
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Does Whittens “work: satisfy the requirements for a claim grounded on negligence? Yes‚ the plaintiff alleging claims that Whitten’s work was “substandard‚ not to code‚ unsafe and not done in a [workmanlike] manner. Whitten failed to act with duty of care and breached his contract by doing bad work. The tort of negligence occurs when someone suffers injury because another’s failure to live up to a required duty of care. Negligence The careless performance of a legally required duty of the failure
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REACTION ESSAY After watching the documentary “Hot Coffee‚” I realized that it greatly explained how one incident started a domino effect that shook up the way Government protects big business forever. I strongly believe that Tort reform was meant to back big business and take away the rights of Americans who are wronged by these corporations. From a sociologist standpoint I can especially see the concerns of a conflict theorist because this is capitalism at its best. When
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Assignment Topic: Laws that Affecting Business Name: Sumon Roy ID: 4050 MBA (Evening Program) Department of International Business University of Dhaka Submission Date: Saturday‚ 17th May 2010. Table of Contents: Contents | Page | Introduction | 1 | Definition of Business‚ Law & Business Law | 2 | Sources of law | 3 | Different laws affecting business | 6-11 | Laws regarding commerce in Bangladesh | 12 | Laws regarding Industry in Bangladesh | 13 | Conclusion |
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the elements and emphasis on intention of each trespass to person. Besides‚ I will give cases and examples for easy understanding. After that‚ I will discuss whether intention still important nowadays and whether intention necessary to establish the tort of trespass to persons? Lastly I will conclude the essay with my own opinion. Trespass to persons means that there is an intentional act that interfere the plaintiff’s person or his body. Trespass simply means no more than “wrong” and trespass cases
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These following notes will cover these topics: (Australian Law System) The Functions of law‚ Social Cohesion‚Social‚Progress‚Sources of law‚Parliament made law‚Judge-made law Which type of law is sovereign?‚Classification of Law‚Regulation of human behaviour‚Criminal law‚Classifications of Crime‚Objectives of sanctions‚Civil Law‚Types of civil wrongs‚Civil remedies‚Types of civil remedies‚Crimes The Functions of law The two functions are: 1 Social Cohesion 2 Social Progress Laws are needed
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Assignment 1: Law and Healthcare HSA515 Health Care Policy‚ Law and Ethics Dr. Harold Griffin January 22‚ 2012 Identify and explain the four elements of proof necessary for a plaintiff to prove a negligence case The first element that a plaintiff must prove is that the defendant owed him or her legal duty of care. Generally‚ this duty of care is a legal notion that states that people owe anyone around them or anyone who could be around them a duty to not place them in situations
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