Statute of frauds

Yes. If the advice that was given was to intentionally deceive the client and it has been established that there is an attorney–client relationship, then a fiduciary relationship must have existed that the bad advice caused the client to suffer a financial loss. In this case, “the law imposes a more demanding obligation to disclose information than if he was conducting a transaction with a stranger (Edwards, 6th ed. 2016).” Other elements that represent intentional misrepresentation: • Defendant…

The foundation of computer crimes lies with The Computer Fraud and Abuse Act (CFAA) of 1986, 18 U.S.C. 1030. According to Easttom and Taylor (2011), the CFAA was a federal act which provided protection of computer systems that were part of a federal entity or financial-institution. Over time and through a series of congressional hearings, lawmakers have amended and tailored language in a manner to protect the government's interest in computer crimes while striking a balance with the ability of…

The word limitation comes from the Latin word lymytacion which means a bounding. This word can be applied in a multitude of different ways but its meaning stays the same. Limitation can be a powerful word like its root word its meant to bind, and its definitions accentuate this fact. Limitation is a vestal word that can be used to describe many different situations. The detonated definition of limitation is “the act of controlling the size or content of something” (Merriam-webster.com). Even at…

He defined the white collar criminal as any person of high socio-economic status who commits a legal violation in the course of their business activities dealing with money usually. For half a century since, Sutherlands definition of the white collar criminal has been the subject of much debate and controversy. Specific criticisms point out his use of perceptions, principles, and terms that cannot be determined, such as high socio-economic status, respectable, and business activities. Despite…

recognized as a separate legal entity and yet in reality, it is an association of persons who are in fact beneficiaries of the corporate property. It is therefore understood that corporate personality of the company can be used as a medium of committing fraud or illegal acts. Now, there is arises a paradoxical problem pertaining to the important legal question : Who accords for the liability? Who can be held responsible? The notion of corporate personality does not obviously create liability…

The April 1952 Statute of Penalties for Corruption lists a large array of acts ranging from theft, fraud, accepting bribes and “any other activities that use one’s position to benefit oneself.” (Kwong 1997: 12). However, by 1979 bribery was classed as distinct from corruption, instead it was regulated as dereliction…

reports of fraud, the department completed 52,930 investigations and 425 people were convicted of welfare fraud. Fraud or misrepresentation (not defined) was found on 10,789 cases (Rhode). When people falsify their documents like Jackie, they don’t realize that the government has probably caught them and are building a case against that person. Criminal Law experts state that “State welfare statutes and general criminal statutes (such as theft) impose penalties for conviction of welfare fraud…

the “normal” time frame for charges to be filed. The statute of limitations could easily impact the how litigation of the case on hand because if these individuals are not tried/charges in the time frame everything can technically be thrown out. Evidence is a key factor in this cases and therefore, it is highly important that both parties follow the statute of limitations so all evidence is heard. Federal crimes usually have a different statute of limitations than a state level. In the case with…

While many design fields aren’t as regulated as other fields like print and cinema, every designer should still develop their own CODE OF ETHICS to abide by when working with clients. According to the design institute of Australia, ethics is a rational study of the moral dilemmas in human action. A moral code can be either implicit or explicit and can be very subjective; there isn’t always a right or wrong solution. As a result, it is important for you to consider your own stance as a designer…

Monkey Selfies: Questioning Copyright Laws and Constitutional Applications Last week, American animal rights organization the People for the Ethical Treatment of Animals, more commonly known as PETA, filed a novel lawsuit in San Francisco’s Federal Court on behalf of a macaque monkey for the copyright ownership over “selfies” it took dating back to 2011. The suit requests a court order to give PETA allowance to administer proceeds from the photos to benefit the monkey and the macaque reserve to…