Creative Commons

First, it must be determined if the members of Congress and the individual navy sailor have the standing needed to file suit. The issue of standing is covered by Article III, § 2 of the Constitution. There are two standing requirement tests: the constitutional test and the prudential test. (Lujan) The constitutional test requires the following for a party to have standing: 1) the party must have suffered injury-in-fact, (meaning it must be concrete and either actual or imminent), 2) there must…

If you find money on the street would you keep it or return it? 376 middle schoolers took a survey and nearly half of them said that they would keep it. So if someone said that stealing was okay would you do it? Therefore they both have some great opinions and great statements. Jack and Leah found $100 on the street outside their school. Jack believes they should keep the money. Leah believes that keeping the money would be stealing. Jack says that it is not like they are snatching it from…

Bell Atlantic v Twombly Daniel Hagan & Kristopher Nance Background The case is brought on by William Twombly and a group of consumers in the form of a class action lawsuit against the Bell Atlantic Corporation. Twombly claimed that Bell Atlantic had violated section 1 of the sherman act which deals with the formation of trusts and conspiracies. They go on to claim that Bell Atlantic conspired to end competition between itself and other members of its industry, and to stifle new entrants into…

intangible personal property. Intangible personal property are valuable goods that are not physical objects. Stocks and bonds are intangible goods. The last property law is intellectual property. Intellectual property is the protection of a person creative work. This involves copyrights, trademarks, patents, and restrictions on property rights. When Lifetime created the Aaliyah bio movie. Aaliyah’s family did not allow them to use any music she created. They were only able to play songs she did…

properly executed with or without using any common seal if it is signed by two directors (Corporations Act 2001). The other three claims that the loan agreement was not properly executed as they did not approved the expansion plan but co-signing of Karen and Jones makes the loan agreement legal as they are legal directors. Here it is not mentioned that whether or not Karen and Jones used the common seal of company to get the loan. But with or without the common seal the document is still duly…

arrangement is that of an umpire, making sure that the trial proceeds according to the protocol and rules of trial or due process of law and that evidence entered is done so according to established rules and guidelines. The inquisitorial method is the common practical approach in most civil law jurisdictions. In the inquisitorial method the judge is involved in the preparation of evidence along with the police and in how the various parties are to present their case at the trial. The judge…

King Henry II of England introduced Trial by jury in 1215, creating justice for the accused of a crime. Trial by jury created justice and a fair trial for peasants and serfs, who had previously been tortured. From the perspective of the peasants and serfs, this essay will discuss what changed and what continued, in relation to law and order in medieval England. Discussion will include crime and punishment and the determination of guilt and innocence, from the perspective of peasants and serfs.…

The False Claims Act is a piece of legislation from the U.S. Congress that allows any individual with knowledge of a fraud being perfected against any agency of the U.S. Government to file a claim on behalf of the Government against the individual or business that has or is committing such fraud. The individual filing such claim on behalf of the United States Government is identified as the qui tam plaintiff and, if the action is successful, such person is entitled to share in a percentage of…

g. CPT Reid was signed for this equipment and there were no evidence presented that he properly sub-hand receipted this equipment to SFC Picart or to any other members of the supply team. h. SFC Picart by his own omission, revealed that he received the sole keys to the equipment storage facilities from CPT Reid. When SFC Picart received the keys to the storage facilities thereby, he assumed custodial responsibility, therefore, obligated him for the property in storage awaiting issue or turn-in.…

The adversarial system that is used in Australia is said to be more concerned with resolving disputes than in discovering the truth. The adversarial system is commonly compared to the inquisitorial system used by our European counter-parts, and each has their own advantages and disadvantages. The adversarial system seeks the truth through opposing adversaries competing by putting their version of the truth forward via means of evidence, witnesses and arguments that they have prepared…