Legal terms

This scenario involves two parties, David and Theresa, in which Theresa is a potential Defendant. She is to be advised regarding two legal issues: whether she has a potential criminal liability for blackmail by threatening David into giving her the money she believes she is owed, and whether Theresa has a potential criminal liability for theft by taking the letter from David’s home. With regards to the issue of potential criminal liability for blackmail by threatening David when demanding the money that she believed she was owed, the relevant statutory law is Section 21 of the Theft Act 1968, which states that the criminal offence of blackmail consists of making an unwarranted demand with menaces, which is the actus reus, with a view to making…

Facts Case One: Bhasin v Hrynew, 2014 SCC 71, [2014] 3 SCR 494 (CanLII). The appellant for the case in front of the Supreme Court was Harish Bhasin. Bhasin ran his company under the name Bhasin and Associates. The plaintiff had legal representation in the form of solicitors McCarthy Tétrault. The respondents in this case were Larry Hrynew and Heritage Education Funds Inc., formerly known as Canadian American Financial Corp (to be referred to as Can – Am). The representation for the…

One can agree that it is legal for 17 year-old teenagers to sign a contract, though it will not be enforceable unless one has parental agreement. The real question becomes how to distinguish one of validity and voidability. In regards to validity, depending on the age of the child, the signed contract can be invalid because of the age and or consent. Nonetheless, the important point in minors signing contracts is the voidability of the instrument. For the minor has the right to enforce a…

Gould’s initial letter seeking legal advice and representation is protected by the aforementioned attorney-client privilege. Here, because Mr. Gould has not waived his right to the privilege, the information revealed in his initial correspondence with this firm cannot be used against him, including the information that he plans to lie to the Committee about. N.Y. C.P.L.R.(a)(1) (McKinney 2016). The best that this firm could do would be to suggest that Mr. Gould amend his application to the bar…

Brown will likely prevail in establishing that Mrs. Sullivan “owned” the dog as defined under the Illinois Animal Control Act (the Act), and is thus liable for damages for the injuries Brown sustained. The Act defines an “owner” as “any person having a right of property in a dog…or who keeps or harbors a dog…or who has it in his care, or acts as its custodian”. 510 Ill. Comp. Stat. Ann. 5/2.16 (LexisNexis, Lexis Advance through P.A. 99-608, except for portions of P.A. 99-576, P.A. 99-585, and…

Remand custody, or pre-trial detention cases have been vastly increasing over the last ten years. Individuals who have not been sentenced yet are in remand custody, which is when an individual is in custody but awaiting their trail or sentence (Griffiths, 2014, p.179). Previously inmates had the larger number in prisons; however, the remand population has climbed and on most cases has outnumbered convicted inmates (Weinrath, 2009, p.355). Through the Justice of the Peace or a judge, individuals…

The Tennessee statute for stalking is a very detailed piece of legislation. Tennessee Code Annotated 39-17-315 begins with definitions for terms that will be introduced in the statue that will need to be clearly understood. The code also aggravated stalking and especially aggravated stalking. The statue on stalking in Tennessee is as follows. It defines the course of conduct as a pattern of conduct this composed of a series of two or more separate noncontinuous acts with evidence of a continuing…

DISCRIMINATION AND RETALIATION 46. That at all times herein relevant, Plaintiff VELEZ was in a position subordinate to Defendant BESIKO with regard to her employment with Defendant EXPRESS. 47. That at all times herein relevant, Plaintiff HUDSON was in a position subordinate to Defendant BESIKO with regard to her employment with Defendant EXPRESS. 48. That at all times herein relevant, Plaintiff VELEZ would be given directives and take work orders from Defendant BESIKO in the course of her…

Jane’s Battery Claim A “Battery” is a 1)unpermitted, unprivileged harmful or offensive contact with another person 2) caused by an act intended to result in such contact, or 3) the apprehension of such a contact. First, in order for there to be a cause of action against Mike, contact must have occurred (either harmful or offensive). When Mike called Jane and told her inappropriate things over the phone, Jane did not have any form of physical contact with Mike (neither harmful nor offensive).…

Phil Phillips sued Dryette in Texas District Court under the negligence theory and Strict liability because their product drymax2000 has design and manufacturing defect which badly injured him and kept him out of his job for 16 months. Phillips resides in Houston –TX and wants 1 million dollars in damages. He suffered real injuries and his real damages were $180K, which caused him several burns in a hotel in Germany during his trip in 2012. Under Goodyear v. Brown, the court defined that…