An increasing problem in modern society is that many teenagers are being condemned in the last few years for simply witnessing an attack. Joint enterprise is a doctrine of common law which condemns people for participating or witnessing an attack. Joint enterprise was introduced up to 300 hundred years ago and now people think that it should be banned due to many teenagers getting convicted for being present at an attack. Joint enterprise is a legal doctrine that assigns criminal obligation to the participant .We have seen that more than 1853 people have been charged with homicide under the provocative, legal standard of joint enterprise in the past eight years. Joint enterprise can apply to all crimes, but in recent times, it has been mainly used as a way of prosecuting homicide, especially in cases involving gangs of young men.
Doing this does catch more criminals, for example a person could be involved in a crime by pushing the victim around but doesn’t actually commit the murder, if joint enterprise did not exist than that criminal would not be charged.
1. Give an example of a case that would fall under diversity jurisdiction. Explain all of the key elements of such a case.
In the case in the text where someone purchased a used safe at an auction for $50, but
Partnership liability tort can take place when a partner or all partners acting on partnership business causes injury to a third person. Cause of this tort could be a negligent act, a breach of trust, breach of fiduciary duty, defamation, fraud, or another intentional tort (Cheeseman, 2010, p. 538). Under the Uniform Partnership Act, partners are jointly and severally liable for torts and breaches of trust (UPA, 2010). This is true even if the co-partner(s) did not participate in the act. The joint and severally liable tort permits a third party to sue one or more of the partners
The problem with achieving justice with this legal response is that the police of government officials can make the determination of criminalising clubs without court oversight thus may be used to target individuals or individual associations rather than being equally applied to all. What is deemed to be more of an issue is that this legal approach virtually affects a person’s fundamental freedom to associate with whomever one pleases. This is seen throw the introduction of “guilty by association” – under which a person may be found criminally liable simply for associating with another person who commits a crime, even though that person has committed no crime his or her self. An act, which illustrates this legal response, is the Serious and Organised Crime (Control) Act 2008 (SA). The primary goal was to disrupt OMCG activities and protect the public from their violence.
Joint-Stock Company: A business with transferable shares and shareholders having little to no liability for their debts. a business that sought to separate that of legal existence and the sharing of ownership between the shareholders.
| The partners are jointly and severally liable for business debts and obligations. The partners are held personally responsible for the business and may be sued personally for liability. Partners’ personal assets are subject to lawsuit(s) made against the business. Lack of continuity; death of a partner may end the partnership/business if a buy/sell agreement is not in place. Disagreements may be difficult to resolve.
This essay argues that the traditional definition of crime has many shortcomings, and attempts to show, why some criminologist would prefer to use the social harms perspective over that of crime. One of the most commonly accepted definitions of crime is ‘an act that is capable of being followed by criminal proceedings’ (Williams, 1955, p.107). Therefore, criminal behaviour “is (a) intentional act in violation of the criminal law” (Tappan 1947 pg100). However, there are issues with the concept of crime. Firstly, the legal and state definition of harmful behaviours and practices focuses too much on individualistic forms of criminality. it also ignores the wrongdoings of governments and large businesses. There is also the problem of power dynamics,
International joint ventures is an overseas business owned and controlled by two or more partners; starting such a venture is often as an entry strategy (Deresky, H. 2014.p.377), while joint ventures refers to an independent entity jointly created and owned by two or more parent company.
Joint-stock company: Joint-stock companies are companies made up of shareholders, who all invest in this company and receives some of the profits and debts. Joint-stock companies opposed the strict, traditional European economic standards which revolved around just prices, where profiting was looked down upon, and reciprocity, in which trade was for mutual benefit. However, this created problems, where investors were more and more determined to acquire more shares, creating more tension between social classes, as the rich became richer and the poor became poorer.
• Companies can gradually separate a business from the rest of the organisation, and eventually, sell it to the other parent company. Roughly 80% of all joint ventures end in a sale by one partner to the other.
Enterprise, Ala., An enraged boyfriend stabbed a Target cashier to death at 2:00 P.M. Wednesday for talking to his girlfriend.
3. For a crime to be committed, the prosecutor must be able to prove a criminal intent and an overt act to carry out that intent. Jack and Mary agreed to rob a series of banks. Prior to beginning their bank robbery spree, they were arrested and charged with criminal conspiracy. What act did Jack and Mary do that justifies a finding that they committed the crime? Explain.
“In Uniform Commercial Code (UCC) minor changes do not have any impact and the original contract does not get canceled. The quantity is the main focus of the term in UCC. Offers made by a firm are irrevocable if the deal is made in writing in UCC” (UCC vs Common Law, 2014). “Uniform Commercial Code is a statutory law for certain types of commercial transactions, including sales of goods, which has been adopted by all 50 states. Many of its rules are similar to Common Law, but it