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Law

War Crimes Exam

  1. If the alleged misconduct was true, would it be a war crime(s) under international law?  What law would be violated?

Prisoners of war, as stated in the case, deserve fair treatment from their captors. It could be noted that based from the detailed indication of the complaints from the detainees, the officers who were assigned to give attention to the said station failed to see through their responsibilities thus having the capacity to give care for the needs of the prisoners of war. No officer, whether he is of a higher position or not, is given the liberty to treat prisoners of war with such an unprecedented recount of abuse. May it be verbal or nonverbal, every prisoner of war is expected to be treated with integrity as humans especially in relation to their culture and the religion.

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Law

JP Morgan Chase Assignment

Federal regulatory agencies involved in consumer protection are either independent commissions or executive branch agencies. Independent commissions include the Federal Trade Commission, the Federal Communication Commission, the Securities and Exchange Commission, the Federal Reserve, and the Consumer Product Safety Commission. The SEC is was formulated by the Securities Act of 1933, and the Securities Exchange Act of 1943. Both acts developed the Securities and Exchange Commission (SEC) that provided markets and investor with rules and regulations in order to maintain the integrity of dealings and transactions after the stock market crash during the 1930’s. The U.S. Securities Exchange Act of 1934 prevents a broker-dealer from using its customers’ securities to finance its proprietary activities; the broker-dealer may use, or re-hypothecate, an amount up to 140 percent of the customer’s debit balance.

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Law

Terrorism

The term terrorism designates violent acts that are aimed instilling fear on people. The practice is usually perpetrated by the individuals who differ on grounds of political ideologies, religion or as an attempt to propagate insecurity in the society. The element also traverses issues that comprises of war and violence on innocent people or groups of the people in the society. Terrorism underpins its causes from issues that may be personal to certain individuals or may extend to groups and organizations that have share common thoughts and ideologies on certain issues in the society.  Practices such as associating with terrorists or assisting them  in any way especially in material form can also be in itself be regarded as terrorism. Political organizations employ the act of terrorism to propagate their views in the public domain. Members of a terrorist organization use threats and violence to instill fear among people to ensure their views or needs are accommodated (William, 2009).

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Law

Maryland v. King

In the Supreme Court case of Maryland v. King, Justice John Roberts granted the state of Maryland a stay–temporarily upholding the State of Maryland’s ruling that DNA collected during an arrest, even without a felony conviction is not a Fourth Amendment violation of unwarranted search and seizure.

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Law

Administrative Procedure Act Rulemaking in Texas and Montana Comparison and Contrast Essay

In the consideration of rule making, the States of Texas and Montana are to be given attention in this discussion. First point to note in consideration to this is that of the manner by which the local states’ government recognize personal petition from individuals. In Texas, an individual is allowed to submit a petition and shall be posted for sixty days. In relation to the context of the petition, the agency could deny the petition based on their understanding of the matter. On the other end, the State of Montana specifically requires the primary review of rules before the release of the final decision from the agency. The posting happens after all these procedures have been undergone.

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Law

Copyright Infringement: Where to Draw the Line?

Proposed Title of Study

As information continues to increase rapidly in both quality and quantity, major forms of copyrighted data are under attack by infringers of copyright, who illegally duplicate and later information for both public and private use. The topic of this thesis, as aforementioned above, deals with copyright infringement, and where to draw the line; in terms of what is considered infringement of copyright, and what direct legislative action can be taken.

Summary of Proposed Study

Copyright infringement has for decades been a major problem for both owners of copyright information and the governments of both Australian and overseas countries. The fair use of information has been subjected to illegal use, proliferation and distribution via the use of technology. Consent between parties in terms of illegal sharing of information has given rise to loopholes in legislation on national and international scales.

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Law

Human Rights and the Environment

Part I

  • The literal translation of Forum Non Conveniens means forum which is not convenient.

This policy is strategically employed when the court chosen by the plaintiff can be construed as inconvenient for witnesses or be deemed to present an undue hardship for the defendants who must petition the court for an order transferring the case to a more convenient court (Kravchenko & Bonine, 2008, p.403). An example would be a lawsuit involving parties that live in different states and the plaintiff files the suit in their state of residence when the incident and all the witnesses reside in the defendant’s home state.

According to Kravchenko & Bonine (2008, p.412), the Spiliada case set the precedent for “the two-stage test for the doctrine of Forum Non Conveniens in English courts”.  The Spiliada Maritime Corporation vs. Cansulex Ltd. (1987) 1 AC 460 determines that Forum Non Conveniens can be granted only if the court is satisfied that there is another more suitable forum competent to handle the proceedings and suits the interest of justice and all parties concerned (Kravchenko & Bonine, 2008, p.419).  The courts must also determine if the new forum has suitable connecting factors that makes them a realistic candidate and if these are sufficient factors that merit such a suggestion (Kravchenko & Bonine, 2008, p.419).  Connecting factors include (i) convenience and expense, including availability of witnesses, (ii) the laws regarding Forum Non Conveniens, and (iii) locations of the residences and places of business for the parties involved (Kravchenko & Bonine, 2008, p.419).  However, despite evidence of prima facie, the court can still refuse to grant Forum Non Conveniens if such a motion would be detrimental to the service of justice (Kravchenko & Bonine, 2008, p.419).

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Law

comparing and contrast the traditional litigation system with the nontraditional forms of ADR

Many of the cases in America will never have their day in court. That is because most people cannot afford the trouble it would cost to finance a trial lawyer. In the current environment, the cost of litigation has become a huge problem. If one were to employ an attorney to defend them in a legal suit it would costs thousands of thousands of dollars even if the cases were eventually dismissed. Many companies at present are already using ADR techniques to their advantage, which they found saved substantial costs in legal fees.

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Law

Schizophrenia in the Court Room

Should Schizophrenia Patients be allowed to Waive Counsel & Represent Themself in Court?

Identification of the Problem

The right to self-representation is supposed to be guaranteed by the Sixth Amendment, but, in cases where the mental competency of the defendant is in question, the legitimacy of the certiorari petition is also called into question.  When defendant Ahmad Edwards was charged with attempted murder, battery with a deadly weapon, criminal recklessness, and theft in 1999, the trial court declared him incompetent to stand trial after two impartial psychiatrists found him to be schizophrenic (Ahmad Edwards v. State of Indiana).  However, when the defendant was found to be of sound enough mind to stand trial, he was continually denied his constitutional right to self-representation on the grounds that he was not mentally capable of providing himself the best defense.  The denial of the right to self-representation is an issue amongst schizophrenic or mentally challenged individuals since it is also the duty of the court to ensure that the accused is afforded a fair trial that includes the sufficient legal representation.  This discourse will present the argument that anyone found to be of sound enough mind to stand trial, under the statutes that follow this determination, should also be allowed to argue their own case should they so choose.

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Law

The case brief of Nix v. Williams.

Case Facts:

Mr. Williams was arrested after being the subject of an investigation into the disappearance of a ten-year-old girl in Des Moines, Iowa. Being named as the lead suspect in an investigation already taking place, Williams was arrested in Davenport, Iowa. Having been Mirandized upon arrest, and having evoked his right to an attorney. His legal counsel was informed he would be transferred back to Des Moines without questioning him. During the transfer of Williams, in which a large-scale search was already in process for the girl, the officer initiating the transfer questioned the subject as to the location of the girls body to avail. Williams told the officer the location of the girls body, and thus incriminating himself while being questioned without his attorney.

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Law

The law of torts

A tort is a law facet which deals with civil wrong doings. The branch of law is divided into three main sub branches such as negligent torts, strict liability torts and intentional torts. Torts may not cause physical damage but have resultant impact on ones reputation and dignity in the society or degrade the quality of live that an individual lives in the society. The case covered in this excerpt deals with intentional tort which was covered in New York Times recently. The case took place in Italy where a prison officer sexually harassed a female inmate who facing murder charges.

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Law

Social Media

Abstract

Social media has become a very important tool when designing and implementing strategic and tactical marketing plans.  The use of social media to present purchasing opportunities to target audiences is ever increasing as many different companies are striving for opportunities to be in front of consumers.  Constant and instantaneous information flow has become available at the touch of a button with the use of wireless communication and increased abilities and functionalities of smart phones.  Access to Facebook, Twitter and a plethora of other social media outlets is as easy as flicking a finger across the screen of a smartphone and marketing managers want their products to be seen just as easy.  With the combination of the product teams and social media outlets there is a rare combination of tailored product marketing and social media exposure by both companies.  The user experience of both the product and social media tool is a shared responsibility among both parties.  The boundaries of the access are not only bound by the service areas of the information but also cross boundaries in the legal sense as well.  These types of exposure are shared by both parties and both must follow the state and federal regulations when purchases and consumer interactions take place.

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Law

Business Law

 

According to the case, the Lubbock Mercedes Cars Inc. (LMCI) cannot be able to recover the money they have lost from the State Farmer Insurance Inc. (State). An insurance fraud has evidently been committed in this case by Frank Slick. An insurance fraud occurs when someone knowingly lies so as to acquire benefits or any form of repayment, which they are otherwise not entitled (Cheeseman 35). The setback of the insurance fraud occurred when Frank got into a negotiation with LMCI to purchase the 2012 Mercedes E Class, but he took advantage of this opportunity to lie to the LMCI, thus, committing the fraud.

The case also involves a fugitive. This is someone who runs away from the law (Singer 67). Frank in this case can clearly be charged as being a fugitive in a court of law because after committing the crime, he fled his residence as a way of dodging from the law which would automatically find him guilty. The whole case unfolds two days before the check’s issue when Truly Slick, the mother of Frank called the state and indicated that issuing of the check to LMCI was no longer necessary. The State mailed the check to Frank Slick’s Oklahoma City address, and that is the point he fled from his place to hide from the LMCI who wanted to recover their money.

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Law

Justice Scalia’s Affirmation

In the Supreme Court case of Joelis Jardines vs. The State of Florida, Justice Antonin Scalia wrote the majority opinion in favor of Joelis Jardines on the merit of the Fourth Amendment’s protection against unreasonable search and seizures. In the case, a police officer with narcotics sniffing dog approached a house, and based on the positive “sniff” the dog gave upon approaching the porch, obtained a warrant and found marijuana plants.