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 Mindanao Corporation (NMC) executed a contract
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The unfair dismissal laws are a set of laws which dictate the terms of terminating an employee and reimbursements to be made if they are terminated unfairly. However‚ these laws‚ dictated by the Fair Work Commission‚ are flawed and extremely biased towards the employee. As a direct result of this‚ it is almost impossible for employers to fire vexatious employees‚ leading to an unjust environment. The Fair Work Commission decides on potential cases of unfair employee dismissal‚ imposing a legally
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The English word “law” refers to limits upon various forms of behavior. Some laws are descriptive: they simply describe how people‚ or even natural phenomena‚ usually behave. An example is the rather consistent law of gravity; another is the less consistent laws of economics. Other laws are prescriptive - they prescribe how people ought to behave. For example‚ the speed limits imposed upon drivers that prescribe how fast we should drive. They rarely describe how fast we actually do drive‚ of course
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rape laws are unfair in various situations because they hinder relationships intimacy‚ ultimately statutory rape laws are effective because they keep predators away‚ decrease unplanned pregnancies and encourage abstinence. Statutory rape is when an adult has intercourse with anyone under the age of consent. This could be vaginal‚ oral‚ anal and mutual masturbation. There are numerous amounts of cases on the statutory rape law. Many of which people believe are unfair. The statutory rape law varies
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Constitutional Laws Constitutional law is the branch of law relates the relationship between the judiciary‚ the legislature‚ and the executive. Constitutional law is responsible for setting out the government’s general operating framework. Constitutional laws usually determine the scope of the terms contained in constitutions‚ and their applications. Constitutional laws cover various areas of law‚ such as individual rights‚ relationships between various bodies of governments‚ legislative
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Jayne Briseno went to court to sue the bank for a breach of contract. The breach was as a result of the good faith covenant and fair dealing. Additionally‚ she felt that the mortgage transaction was an example of unfair practice of violations in business under the unfair competition law of the state of California concerning unjust conversion and enrichment. On the basis of the second amended complaint‚ the bank had maintained the activity of procuring costly replacement insurance when mortgagors
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offered for the intervention of unfair dismissal law in the employer ’s ability to manage its own business: redressing the imbalance in bargaining power between employers and employees; protecting a property right that employees have‚ or ought to have‚ in their jobs; and protecting the dignity and autonomy of employees. The protection of these values is far from absolute‚ and in many cases economic efficiency and managerial discretion take precedence‚ but unfair dismissal law demonstrates society ’s recognition
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What steps must the LPN’s follow to unionize? What unfair labor practices need to be avoided by LPN’s? National Labor Relations Act “Federal and state laws guarantee the right to form unions! Eligible employees have the right to express their views on unions‚ to talk with their co-workers about their interest in forming a union‚ to wear union buttons‚ to attend union meetings and in many other ways to exercise their constitutional rights to freedom of speech and freedom of association.” The
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Eternal Law and Human Law As humans live in this world‚ laws and regulations are strictly enforced for the justice‚ safety‚ and rights of the humans. Whether those laws are eternal or temporal‚ all laws require standards. Saint Augustine’s On the Free Choice of the Will discusses these standards and defines what each laws mean. Most importantly‚ Augustine argues that eternal law is necessary for temporal law to exist and for the nation to function properly. I agree with Augustine’s argument on
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obliged to obey even unjust laws? Think about what this means. This means that laws‚ regardless of how unfair‚ unjust‚ or immoral they may be‚ must be followed with no better reason that they are the law. To the thesis that we are obliged to obey even unjust laws‚ I will argue that the standard objections to Civil Disobedience‚ given by Singer‚ are incorrect To begin‚ however‚ I believe it is necessary to define an "unjust" law. According to St. Thomas Aquinas‚ "Any law that uplifts human personality
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