Most lawsuits involve a combination of individual defendants, business plaintiffs, and business defendants. Business defendants can face lawsuits from both individual plaintiffs and individual defendants.
The substantive law that judges create through their opinions is best described as common law.
Lawsuits typically involve different parties with various roles. In many cases, lawsuits involve individual defendants, referring to individuals who are being sued. Additionally, business plaintiffs, which are companies or organizations bringing forward the lawsuit, are common in legal proceedings. Moreover, business defendants, which are companies or organizations being sued, are frequently involved in lawsuits.
It is important to note that business defendants can face legal action from not only business plaintiffs but also individual plaintiffs, who are individuals filing a lawsuit against a business entity or organization. This variety of parties involved reflects the diverse nature of legal disputes and the potential combinations of individuals and businesses in the litigation process.
The legal rules and concepts that establish people's and organizations' rights and obligations are referred to as the substantive law. This body of law is significantly shaped by the decisions and opinions of judges. Judges interpret and apply existing laws to particular circumstances in common law systems, such those in the United States and England, setting legal precedents that direct future decisions.
These precedents are incorporated into the common law, which grows and changes as a result of judicial decisions throughout time. Common law is generally obtained from court rulings, as opposed to statutory law, which is passed by legislative bodies. Therefore, common law is the best way to describe the substantive law that judges produce through their judgements.
To know more about lawsuits here https://brainly.com/question/29485327
#SPJ4
1. Discuss the major functions of law-enforcement in society. While doing so, address the different tiers of law-enforcement, and discuss their jurisdiction. 2. Discuss the different types of police corruption and how they can be minimized in your opinion. Please back your opinion by material read in chapter 6.
The major functions of law enforcement in society include:
a. Maintaining Public Order and Safety
b. Crime Prevention and Investigation
c. Upholding the Rule of Law
d. Protecting and Assisting the Community
Depending on the jurisdiction and extent of the authorities, law enforcement is divided into many levels.
Federal Law Enforcement has control over particular federal laws and operates on a global scale. State and provincial law enforcement agencies work at the state or provincial levels of a nation and are responsible for enforcing local regulations.Local or municipal law enforcement agencies have authority over certain cities, towns, or counties and function at the local or municipal level.The term "police corruption" describes unethical or criminal behavior by law enforcement personnel. establishing effective internal affairs departments or sections inside law enforcement organizations to look into and handle accusations of corruption. This guarantees openness and accountability within the police force.
Learn more about law enforcement, here:
https://brainly.com/question/29422434
#SPJ4
Elaborate the differences between Contract Law In Malaysia and United Kingdom.
Malaysian and British contract law share certain similarities but also differs significantly. Then, there are some significant distinctions between the two sources.
1. Malaysian legal system Malaysia has a hybrid legal system that combines elements of Islamic law (in areas pertaining to Muslims) and common law (derived from English law). The Contracts Act 1950 is the primary statute governing contract law in Malaysia. - The United Kingdom The Common Law system of law is practised in the United Kingdom, and contract law is based on a long history of judicial rulings and legislative measures, such as the 1979 Corner Trade of Goods Act and the more recent 2015 Consumer Rights Act.
2. Malaysian Law Sources The Contracts Act 1950, which codifies common law concepts, is the main piece of legislation governing contract law in Malaysia. Shariah law could also be applicable to agreements involving Muslims. - The United Kingdom The common law concepts that have been evolved via court rulings are the main foundation of contract law in the UK. Contract law is also influenced by colourful statutes like the Consumer Rights Act of 2015, the unlawful Contract Terms Act of 1977, and the commerce of Goods Act of 1979.
3. Malaysia's application of Shariah law Malaysia has a dual legal system, with Muslim citizens subject to Islamic law in certain circumstances, such as family law and specific contracts. These issues are governed by Shariah courts, and Muslim contractual relationships may be affected by Islamic law. - The United Kingdom In the UK, shariah law is not officially recognised as a legal system. The concept of "Shariah-biddable" or "Islamic" financial and commercial agreements allows parties to freely impose Islamic norms in their contracts.
4. Malaysian Consumer Protection Specific provisions for consumer contracts are provided under the Consumer Protection Act of 1999, including guidelines on unlawful terms, product liability, and consumer rights. - The United Kingdom The Consumer Rights Act of 2015 provides customers with complete protection, including rights on unlawful contract terms, statutory protections, and remedies for subpar goods and services.
5. Malaysian Reparations and Damages Similar remedies, including as specific performance, damages, and abortion for contract breach, are provided by Malaysian law. Aiming to place the aggrieved party in the position they would have been in had the breach not occurred, the amount of damages is typically compensatory. - The United Kingdom Similar remedies are available under UK contract law, including as specific performance, damages, and abortion.
To know more about Malaysian:
https://brainly.com/question/21593481
#SPJ4
Agencies take longer than Congress to act but are more effective. true or false
The given statement " Agencies take longer than Congress to act but are more effective" is false because Agencies and Congress have different roles and functions in the legislative and regulatory processes.
While agencies are responsible for implementing and enforcing laws, Congress is responsible for creating and passing legislation. Agencies typically have more specialized knowledge and expertise in specific areas, allowing them to dive deeper into complex policy issues and develop detailed regulations.
However, the rulemaking process of agencies often involves multiple steps, including public notice and comment periods, which can lengthen the time it takes for them to act.
On the other hand, Congress has the authority to pass laws, and it can act more quickly in certain situations, especially in times of urgency or crisis. Congress is responsible for representing the interests of the public, and its members are elected to make decisions on behalf of their constituents. However, the legislative process in Congress can be lengthy and subject to political negotiations and debates.
To learn more about Agencies and Congress here
https://brainly.com/question/32103885
#SPJ4
New York's SHIELD Act. New York recently passed the SHIELD Act, a law that states that if you do business online from anywhere in the world, and you are a customer that lives in the state of New York, your business comes under the laws of the state of New York. (See the Tripwire article linked below.) Do you think a state should be able to extend its jurisdiction worldwide like this? Do you think businesses will start to refuse service online for customers who live in states with overreaching cyber laws? Or, do you think businesses will adjust and learn to cope with 50 different sets of state laws in cyber? Do you think the framers of our Constitution gave us a set of laws flexible enough to handle these kinds of situations? How is this different from the California Consumer Privacy Act? Compare and contrast these two laws. New York Passes a Law that Further Expands Cyber Protection (tripwire.com) California Consumer Privacy Act (CCPA) | State of California - Department of Justice - Office of the Attorney General
The SHIELD Act passed in New York allows the state to extend its jurisdiction worldwide for businesses conducting online activities with New York customers.
The SHIELD Act gives New York the power to exercise global jurisdiction over companies that conduct internet business with residents of New York. There is disagreement over whether a state should have such broad global authority. To avoid the complications of compliance, some organizations may decide to reject service to customers in jurisdictions with stringent cyber laws. However, some organizations might decide to modify their procedures and adjust to the various cyber regulations of other states.
The Constitution's creators did offer a legal framework that permits adaptability and flexibility to changing circumstances. To successfully handle the problems created by international online transactions and data privacy, however, existing rules may need to be substantially refined given the quick growth of cyber-related issues.
The California Consumer Privacy Act (CCPA), in contrast to the SHIELD Act, places more of an emphasis on privacy protection. According to the CCPA, people of California have certain rights regarding their personal information. These rights include the right to access and correct their personal information, the right to know what data is collected and how it is used, and the right to refuse to have their data sold.
The SHIELD Act, on the other hand, imposes notification requirements in the event of data breaches and requires organizations to implement appropriate protections for the security of personal information. Although both laws deal with internet privacy, their methods and purviews are different.
To know more about SHIELD Act here https://brainly.com/question/29645014
#SPJ4
The goal of regulatory agencies is to create policies and establish regulations to ensure that transportation activities are conducted in a sound manner. Which of the following best describes why that is so challenging? a. Regulators are swayed by their favoritism for certain modes which creates conflict. b. The key issues that impact society are ever changing. c. They must balance the interests of freight carriers, shippers, industry groups and citizens. d. The facts around how transportation operates and its impact on society are complicated.
They must balance the interests of freight carriers, shippers, industry groups, and citizens best describes why that is so challenging. The correct option is c.
Due to a number of factors, regulatory agencies find it difficult to develop transportation policies and regulations. In order to satisfy all stakeholders, they must first balance the competing interests of freight carriers, shippers, industry associations and citizens. regulations must constantly be modified due to the dynamic nature of transportation issues which are influenced by societal and technological advancements.
The regulatory process is further complicated by the complex operations and broad effects of transportation on society. Expertise and in-depth research are necessary to comprehend the subtleties of various transportation modes and their effects. Overall, regulatory agencies face a difficult task as they work to create sound policies that support efficient, sustainable and safe transportation while taking into account the industry's changing dynamics and diverse interests.
Learn more about regulatory agencies at:
brainly.com/question/29615821
#SPJ4
The doctrine of employment-at-will is narrowed by:
a. The National Labor Relations Act.
b. Title VII.
c. The Age Discrimination in Employment Act.
d. All of these answers.
Answer: a. The National Labor Relations Act.
Explanation:
How would you answer this question: “Are the benefits that parties and attorneys reap by fighting in the courts worth the cost to the rest of society?” Explain your answer.
The benefits that parties and attorneys reap by fighting in the courts worth the cost to the rest of society has been a topic of debate for decades.
While the litigation process is designed to resolve disputes and provide justice to those involved, it is also a costly and time-consuming process that has a significant impact on the rest of society. In this context, I would say that the benefits that parties and attorneys reap by fighting in the courts are not worth the cost to the rest of society.
While litigation is often necessary to resolve disputes and protect the rights of individuals, the cost of litigation can be staggering. The cost of hiring an attorney, paying court fees, and the time and energy spent on preparing for trial can be a major burden for many people.
Additionally, the court system itself can be clogged with cases, resulting in long delays and a backlog of cases that can prevent other cases from being resolved in a timely manner. This can have a negative impact on society as a whole, as justice delayed is justice denied.
Moreover, the resources that are expended on litigation could be better spent on other important areas such as education, healthcare, and social services. In conclusion, while the litigation process is an essential component of our legal system, the benefits that parties and attorneys reap by fighting in the courts are not worth the cost to the rest of society.
For more such question on debate visit:
https://brainly.com/question/32729569
#SPJ8
1. Identify the meaning of this lane marking: Yellow Broken Line.
O A. Traffic is going in opposite directions and it is safe to pass a vehicle.
O B. Traffic is going in same direction and it is safe to pass a vehicle.
O C. Traffic is going in opposite directions and it is NOT safe to pass a vehicle.
O D. Traffic is going in same direction and it is NOT safe to pass a vehicle.
2. If you cannot see at least
O A. 200 feet
O B. 50 feet
O C. 100 feet
O D. 60 feet
2 What is
feet in either direction down an intersecting road, it is a blind intersection.
The meaning of a yellow broken line is: B. Traffic is going in the same direction and it is safe to pass a vehicle.
If you cannot see at leastC. 100 feetin either direction down an intersecting road, it is a blind intersection.What is lane marking?A yellow line on the road means that you can pass other cars safely as long as you are going in the same direction.
So, When you see a yellow line with breaks, it means you can move into the next lane to drive around another car if it's safe. Still be careful and check for cars before passing. Make sure there's enough room and time to pass safely.
Read more about lane marking here:
https://brainly.com/question/27840312
#SPJ1
Do you feel like the number of crimes needs to be divided (normalized) by the population of each census tract? Why or why not? (I want you to think which way is more reliable analysis result to see the relative risk of the crime in each census tract) whether the number of crimes needs to be normalized by the population of each census tract or not. Then, explain why or why no
Number of crime should be divided by the number of inhabitants in each enumeration lot.
Crime predominantly rely upon the two element for example Crime volume and crime percentage. Wrongdoing volume is essentially various wrongdoing occurred in a given year and crime percentage is relativist number that presents wrongdoing on per ca-pita premise.
In this way, rate is the quantity of violations per 100,000 home of populace. Population characteristics like changes in size and density or the demographic and socioeconomic makeup of the population were the primary focus of research on the impact of the population on crime for decades. Therefore, population density plays a significant role in both the rate and volume of crime.
Learn more about Crime volume:
brainly.com/question/30744181
#SPJ4
In 1976, the British government removed the 'special category' status of paramilitary prisoners
A. resulting in the loss of "Prisoner of War" status of captured Irish Catholic paramilitary personnel.
B. led to a series of hunger strikes by Catholic prisoners in Maze Prison, leading to the deaths of 9 prisoners and of Bobby Sands (who won a parliamentary seat after his death)
C. resulted in late 1981, Sinn Fein, the IRA's political wing, formally adopted a policy of contesting elections while also supporting the continued use of violence to achieve its ends.
D. All of the above
In 1976, the British government removed the 'special category' status of paramilitary prisoners D. All of the above
Irish Catholic paramilitary personnel who were captured lost their "Prisoner of War" status as a result of the abolition of the special category classification. They were no longer regarded as prisoners of war and were instead handled like regular criminals. Prisoners who were Catholic in Maze Prison went on a string of hunger strikes once the special category status was removed. The most well-known hunger strike was conducted in 1981 and was led by Irish Republican Army (IRA) soldier Bobby Sands.
Bobby Sands was among the nine detainees who passed away during the hunger strike as a result of their protest. In a by-election held just before he passed away, Sands was chosen to serve in the British Parliament. Further Sinn Fein, the political arm of the IRA, formally established a strategy in late 1981 in response to the elimination of the special category status and the circumstances surrounding the hunger strikes. Elections were contested while yet encouraging the continuous use of violence to further political goals.
Read more about prisoners on:
https://brainly.com/question/28239411
#SPJ4
"Arbitration; Jurisdiction. Any controversy or claim arising out of or relating to this Terms of Use (including any breach thereof), the fye.com Site, any Content or any item purchased from the fye.com Site shall be settled by confidential arbitration in Albany, New York administered by the American Arbitration Association under its Commercial Arbitration Rules (including without limitation the Supplementary Procedures for Consumer-Related Disputes), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated with any claim or controversy of any other party. The foregoing shall not preclude fye.com from seeking any injunctive relief in State or Federal courts located in Albany, New York for protection of fye.com's or fye.com licensor's intellectual property rights, and you consent to exclusive jurisdiction and venue in such courts and waive any objection to the laying of venue of any such litigation in the New York courts and agree not to plead or claim in any New York court that such litigation brought therein has been brought in an inconvenient forum."
Could the wording and requirements of FYE's arbitration clause cause any potential issues for FYE customers? Do you think requiring arbitration of all claims is an equitable and fair business practice?
FYE's arbitration clause limits customers' legal options and may create an imbalance of power, requiring professional legal advice.
Customers may have problems with FYE's arbitration clause because it restricts their legal options and waives their right to file lawsuits. Customers' ability to join class actions may be constrained by the demand for individual, confidential arbitration and the ban on consolidating claims.
The clause may lead to a power disparity by allowing FYE to seek injunctive relief in court while restricting customers to arbitration. It's up for debate whether requiring arbitration is just and equitable. It is wise to speak with a legal expert for guidance based on your particular situation and the relevant laws.
Learn more about arbitration at:
brainly.com/question/24847253
#SPJ4
The first federal administrative agency was created to regulate the anticompetitive conduct of the railroads.
true or false
The given statement " The first federal administrative agency was created to regulate the anticompetitive conduct of the railroads" is true.
The Interstate Commerce Commission (ICC) was the first federal administrative agency established in the United States. It was created in 1887 under the Interstate Commerce Act to regulate the railroad industry. At that time, the railroad industry was experiencing rapid growth and faced issues such as price discrimination, unfair practices, and monopolistic tendencies.
The ICC was tasked with overseeing and regulating the railroads to ensure fair competition, prevent abuses, and protect the interests of both consumers and competitors.
The creation of the ICC marked a significant milestone in the development of administrative law and government regulation. It served as a model for subsequent regulatory agencies in various industries, as it established a precedent for federal oversight and control over private enterprises.
The ICC's responsibilities and authority expanded over time to include other modes of transportation, such as trucking and shipping. However, it was eventually abolished in 1995 and its functions were transferred to other agencies.
To learn more about federal administrative agency here
https://brainly.com/question/31718862
#SPJ4
Racial and Ethnic Minorities are underrepresented in prison populations
True
False
Answer:
False they are overrepresented
Explanation:
scuss what is meant by prescription in terms of south African law and identify the factors that may lead to the i)
suspension
In South African law, prescription refers to the extinguishment or expiration of a legal claim or right due to the passage of time. It is a legal principle that aims to promote certainty and finality in legal relationships.
Factors that may lead to the suspension of prescription include:
Acknowledgment of the debt or claim: If a debtor acknowledges the existence of the debt or claim, whether explicitly or implicitly, it interrupts the prescription period. This acknowledgment can be in the form of a written admission, a part-payment, or any other act that implies recognition of the debt.
Legal proceedings or arbitration: Initiating legal proceedings or arbitration in relation to the debt or claim suspends prescription. This means that the prescription period stops running during the duration of the proceedings.
Insolvency or business rescue proceedings: When a debtor becomes insolvent or enters into business rescue proceedings, prescription is suspended. This ensures that creditors have an opportunity to assert their claims in the appropriate forum.
To learn more about prescription, here
https://brainly.com/question/31062675
#SPJ4
The contract of employment is the foundation of the relationship between an employee
and his or her employer.
The contract of employment links the employee and employer in an employment
relationship, irrespective of the form that employment relationship takes. The existence
of an employment relationship is the starting point for the application of all labour rules.
QUESTION
1. Determine the duties of a employer and employee and analyse the various
remedies required for failure to carry out ones duty
Employer duties are fair wages, safe environment. Employee duties are job competency, policy adherence. Remedies available are compensation, corrective actions, warnings, termination.
Fair compensation a healthy and safe workplace, non-discriminatory practices and compliance with employment laws are all obligations of an employer. If these obligations are not met, remedies may be taken, including financial compensation for losses, corrective measures or legal action. Employees on the other hand are required to do their jobs competently adhere to company policies respect others privacy and work well with others.
Remedies such as warnings, retraining, performance improvement plans, or even termination of employment may be used if these obligations are not met. To ensure a fair and equitable employment relationship, the specific remedies will be determined by the situation and may be guided by employment contracts, collective bargaining agreements and applicable labor laws.
Learn more about employment laws at:
brainly.com/question/33261072
#SPJ4
