the applicable statute of limitations requires that the records be maintained for a period beyond the closure or transfer as noted by Dana (2003). She further notes that, neither way, incase the transfer have not been authorized and the records must be retained for the statute of limitations period, then it calls for immediate placement in a sealed envelope or container and labeled as below. “Record of [input program name] required to be maintained under [input citation to statute, regulation,…
companies can use data collected to better secure their property employees and their customer through reduced theft, quality work, and faster productivity. Electronic surveillance is legal within the frame of the workplace but it also has many limitations and may have some legal risk for employees and employers. For example employers can install surveillance cameras around the workplace, as long as the cameras where there is no reasonable expectation of privacy. The Supreme Court ruled…
MEMORANDUM TO: Cheryl Olsen, Legal Counsel for Greene’s Jewelry FROM: Kyle Hulce SUBJECT: Jennifer Lawson – Confidentiality Violation and Alleged Wrongful Termination DATE: September 26, 2018 CC: Lisa Peele, Head of Human Resources Application of the Law to the Facts: The Captain Co. v. Towne case showed us that it is an inextricable requirement to prove that the information the plaintiff seeks to protect must be unique to that particular organization and not general knowledge acquired working…
Since each court individually chose how to define piracy and determine who was a pirate, and lacking a ubiquitous and clear procedure to guide justices, predictably, the application of these determinants were haphazard and unpredictable. This extreme environment of uncertainty meant that neither sailors nor government officials knew for certain if these aggressive maritime actions were an illegal, or at the very least, a hangable offense. So why did the crown and Parliament allow such ambiguity…
The biggest difficulty historians face in relying heavily on the trial reports is their varying form and content. Although the 1700 Piracy Act required registers to keep minutes of the proceedings, like much of everything surrounding piracy law, there were no specifics on what that meant. It is clear from the collection of these trials that the point of the recorder was not to capture every word uttered in court. Depending on the court the narrative changes between first and third person, and…
As there are inherent flaws with legislation in historical analysis, so too are there issues with these trial reports. The most obvious concern is that we must rely on the competence and impartiality of court registers which at times was questionable. William Norris, the register of the vice-Admiralty court of Jamaica, recorded little defense for John Rackam and his crew, noting their response to the judge’s inquiries was that “they had no Witnesses, That they had never committed any Acts of…
LEGAL ARGUMENT STANDARD OF APPELLATE REVIEW In reviewing the enforceability of a preliminary injunction an appellate court is not bound by the trial court 's findings of fact, but may weigh the evidence anew and enter its own findings of fact and conclusions of law. Kennedy v. Kennedy, 160 N.C. App. 1, 8, 584 S.E.2d 328, 332 (2003). Thus, if we must consider the facts anew, the court has to determine the enforceability of a preliminary injunction just as how the trial court determines it.…
1) Collect all Crosby cases in which a plaintiff alleges malpractice against a lawyer for failure to draft a shareholder or CCA that protects minority shareholders. As a threshold matter, the statute of limitations for legal malpractice actions is one year. Ohio Rev. Code Ann. § 2305.11(A). Generally, an individual shareholder may not bring a legal malpractice action against an attorney that is employed by the corporation itself. See e.g. LeRoy v. Allen, Yurasek & Merklin, 114 Ohio St. 3d 323.…
and had limited my accessibility to a higher education. After the exam was completed, I discussed the test results with the ophthalmologist and she recommended vision therapy. Initially the insurance would not authorize my claim due to a statute of limitations which was written in the bylaws of this particular insurance company. The bylaws read the child must be 12 and under…I was over 12 and that inhibited my ability to receive any reimbursement of payment. Like many of the adults in the…
1.0 INTRODUCTION Festival is a special day related to religious event with its own way of celebration that includes the food, rituals, attire and ceremonies. Hinduism is well known for its cultural and traditional festivals that can be celebrated in every month. In this regard, we will look into six major festivals according to the six Hindu sects which are Vaishnava, Shiva, Kaumaram (Murugan), Saktham (Sakthi), Ganapathyam (Ganapathy) and Saumaram (Surya). There are many significant festival…