United States Supreme Court Discrimination Case Standards and Burdens of Proof

The treatment of discrimination cases based in racial classifications has been subjected to the most rigorous type of judicvial review, known as strict scrutiny, and this strict scrutiny standard is comprised of three main elements. (Richmond v. J. A. Croson Co., 1989, pp. 469-470)  First, the law must serve what is defined as a competing state interest.  This element is distinguished from other standards of review in that a compelling state interest means that the law is necessary as...
The Worcester Cold Storage case occurred in the Commonwealth of Massachusetts.  In the aftermath of the horrible fire, the public demanded that justice be served for the six firefighters who lost their lives.  The Prosecutors for the Commonwealth answered this call by charging the defendants with manslaughter, but these charges were dismissed due to lack of evidence.  Would a conviction have been more plausible if the charge had been arson  Would the issues have been the same.  ...

White Collar Crimes

Annotation of the Bibliographies Lawrence Salinger (2004) Encyclopedia of White Collar and Corporate Crime Sage Publishers. Author Lawrence Salinger, has written the book Encyclopedia of White Collar and Corporate Crime for the use by college and high schools students. It contains 974 comprehensive pages. The language that has been used is simple and the author has ensured that he has included examples of precedents that relate to the white collar crime, as a means of projection of the idea. It...

TORTIOUS LIABILITY AND NEGLIGENCE

In consideration of the given circumstances, the legal advice to be given to Lucky with regards to his cases against Whizzkid and Pota as claimant or plaintiff, as well as defendant against Minnie, Prodnose, Sam, Beryl and Julius are as follows Relevant Legal Principles The case with regards to Lucky Bstard, Whizzkid and Hari Potta and Luckys liability in respect of Minnie, Prodnose, Sam, Beryl and Julius all refer to the law of tort. The law of tort concerns civil matters of negligence considered...

Exclusion Clauses The Affect of the Ruling in Regus(UK) Ltd. v Epcot Solutions Ltd 2008

In a typical case an exemption clause can be validly included in a contract provided reasonable steps are taken to ensure that it is brought to the attention of the party against whom it is applied.  Such a position is quite different from the previous approach which required that the exclusion clause be brought to the other partys attention in the most explicit way.  This turn around by the ruling in the Regus (UK) Ltd. v Epcot Solution Ltd 2008 which only requires that reasonable steps...

Business Law The Australian Legal System

The Australian legal system has a fundamental foundation of the rule of law, the independence of the judiciary and justice (Henry 2004). This means the law treats all people, the Australians and the foreigners, equally ensuring that everyone is safeguarded from unfair treatment by the government or its officials.  The main principles of the Australian legal system are the following the procedural fairness, the judicial precedence and the separation of powers. The Australian law system follows...

European Union Law

The European Union, although one of the most recently formed unions in the world, has been really asserting itself as a sovereign and unique regional grouping not only in matters of trade and politics but also in legal affairs. Over time, the European union has worked relentlessly in seeking to achieve this state where it could assert itself as a dominant force that was capable of governing itself and conducting most other affairs on its own. It has been in the quest for such prowess that the EU...

The Locus Standi under Article 230 (4) EC of The European Union- Restrictive Approach

For a legal system to be fully developed, it must have its own procedural testing mechanism as well as the legalities of measures that are adopted by any of its institutions.  When the European community was faced with the duty of designing such a self checking mechanism, it came up with the rule defined in the article 230(4) of the constitution for annulment that is central to the act of regulation.  This law originates from the legal systems of the member states, that counters illegal...

UK Human Rights, Terrorism and International Response

Terrorism has always remained a controversial subject instigating fierce debates, passion and national interests. It is often times very difficult to produce an unbiased and objective review of what most of us perceive as terrorist activities. In fact, writing on terrorism is considered a risky as well as expansive preposition in countries like UK where actual convicts have sometimes successfully sued for defamation in the press. Therefore, writers need to be careful in naming a suspect without...