Questions on Law of the United States

It is impossible to talk about American laws without talking about the source of those laws. Following the revolution, Americans were trying to instill a government that that was nothing like the monarchy they had freed themselves from. This led to the writing of the Constitution and the federalist paper, a group of documents written by early patriots, which were to increase support for the Constitution for ratification. During this time, the Articles of Confederation were use as a loose set of rules establishing a very weak central government that had no power over the states. This was done to prevent past mistakes with King George. Alexander Hamilton, James Madison (even though some scholars believe Madison was given too much credit) (Gerber

Women and men are protected by The Family and Medical Leave Act in the case of things like: family emergencies, serious health conditions, and pregnancies. The law requires an employer to allow twelve unpaid work weeks to be taken in a twelve month period every year. The United States Department of Labor states, “This law covers only certain employers; affects only those employees eligible for the protections of the law; involves entitlement to leave, maintenance of health benefits during leave, and job restoration after leave;. . . ” This may guarantee your job and health benefits to be kept during the twelve week period, but the law does not cover every employer. The law also does not require any pay during the entire twelve weeks. That

In this case we will be analyzing what is consideration in a contract, ways to enforce it and how other sources like common law and the Uniform Commercial code contribute to determine which one is applicable in the reviewed case study.

A state statute is preempted where Congress validly legislates regardless of whether or not the Commerce Clause or DDC is invoked.

The Court of Appeal (CA) in MWB Business Exchange Centres Ltd (MWB) v Rock Advertising Ltd (Rock) settles an issue which there had been conflicting decisions previously by confirming that contracts which expressly prohibit oral amendments can be amended orally. However, it may also have created doubt on the effectiveness of anti- oral variation clauses.

A contract is supported by consideration. Consideration is the price asked by the offeror in exchange for their promise. A swap of something of value for something of value. This scenario shows that consideration occurs when Karan decides to sell her television for $1 500 to her cousin in exchange for Karan 's cousin caring for her kids on Saturday nights.

In the field of using another person or and organisations land under the bind of a contractual agreement is normally in place to clearly state and establish each parties rights and obligations to each other and indeed to the property. Common law has a role to place in relation to these tenancies whether they be residential or commercial as far as trying to protect tenants and newer legislations are always geared towards protecting the rights of tenants, this is very important considering the current backdrop and trend towards renting property in the United Kingdom as opposed to homeownership. Common law does not have the same reputation in relation to advocating tenants’ rights and are best there is still a great uncertainty

The Australian Consumer Law (ACL) is the national law for fair trading and consumer protection. The ACL was commenced on 1 January 2011 . It is a cooperative reform of the Austrailian Government, states and territories through the Legislative and Governance Forum on consumer affairs (CAF). Iy is jointly enforced and administered by the Austrailian Competition and Consumer Commission (ACCC) and Territory consumer protection agencies with the involvement of the Austrailian Securities and Investments Commission (ASIC) on relevant matters.

When deliberating upon legal quandaries law students and attorneys engage upon a five-component process to scrutinize all the dynamics of a legal premise(s). Litigators and law students denote this process as IRAC (Issue, Rule, Application, and Conclusion). Therefore, IRAC is simply the blueprint for analyzing a legal dispute. While legal dilemmas can become tedious, time-consuming, overwhelming, and extremely complex, IRAC methodology can make the process somewhat easier. Hence, IRAC process forces the litigator to apply critical thinking (Metzler, 2003). Furthermore, Metzler states, the litigator must have a comprehensive understanding of the following:

Scientists have isolated genes that cause particular diseases and modified genes that alter organisms for particular reasons (for example, to help beneficial plants and animals to survive under harsh conditions). Make an argument as to why businesses that develop modified organisms should be able to preserve their property rights by patenting such organisms. Then, make a counterargument as to why such organisms should not be patentable.

At the onset of our legal history there was no federal common law; consequently, the common law was received by the states and was applied in the federal court as altered, interpreted, or preserved by state courts. Morris L. Cohen, The Common Law in the American Legal System, p. 22 (Vol. 81:13, 1989). The Federal Constitution by implication imposed limitations on the common law, primarily through the first ten amendments. Id. The Declaration of Independence, Bill of Rights, and the Constitution, Article IV, section 4 assures us that our government is a republic, not a democracy. Common law which is uncodified is the supreme law of the people and codified, inferior civil law is the law of government and its agency; ergo, the law and the will of the people outrank the law of the government and access to common law is guaranteed and protected by the Constitution of the United States.

A statute is the formal and the written law of the country. It is passed by the legislative authority of the country. Generally, statutes, and, prohibit or declare something and sometimes, they are also called as legislation. In this way, statutory interpretation means the interpretation of the statutes by the courts. This interpretation takes place when an Act of the Parliament is not clear and as a result, it creates uncertainty in the law. Therefore, statutory interpretation is required when an Act passed by the Parliament is not clear, for example a term could have been used to covers a number of opportunities. Similarly the meaning of a term can also change its meaning over the period of time which results in

This essay will begin with a synopsis of the principal legal questions raised in Hodkin, progressing to examine and clarify those synopses as appropriate. The judges ' methods of legal interpretation will also be set out and considered, as well as these methods ' difference to the primary modes of interpretation used by the law lords of Segerdal. Finally, the arguments of the appellants and the judges ' decision to regard them as superfluous to the point will be indicated and outlined in summary.

2This article describes one of the best elements of contract called consideration and on what extent consideration is valid or not. Thousands of years ago people use barter system to exchange goods and services to meet their needs without any special law than invention of currency make it easy to exchange goods, eventually the law makes it valid and more reliable. There are six elements in which the parties are generally bound to do something in future such as Offer and Acceptance, consideration, intention, invitation to treat, Legal capacity. Consideration appeared in 1916 and become one of the basic and essential elements for the development of contract. Consideration is nothing but an enforceable agreement where a promissory promise to exchange or to do something in future and promisee accept to perform such act in return and the parties intend to bind through agreement. The question arises that whether the consideration is legally valid or not under some conditions. Consideration could be small or long, good or bad. Earlier nominal consideration was adequate in contract. It does not matter that the consideration having the same values or same benefit. The courts uses sufficient consideration while setting the disputes or making the decision. Where there is money, payment and exchange of goods is involved, consideration considered to be more valuable. Contracts are frequently exercise commercially such as construction, purchase and sale of property, monetary assistance,

Consideration is often defined as “a detriment voluntarily incurred by the promisee… or a benefit conferred on the promisor in exchange for the promise.”1 Whilst the doctrine of consideration does, in some cases, cause parties to experience injustice, sometimes something that the courts fail to resolve, consideration is a crucial element to the formation of a legally binding contract. This paper will not only explain why the High Court should not abolish the requirement for consideration but will also highlight its usefulness in contract formation.