With respect to the doctrine on Consideration, Past Consideration is ‘irrelevant’ Discuss this statement, with the following requirements; 1. Three (3) applicable case laws on the subject matter 2. Clearly state: The issue, Basic facts of the Cases, The Judgement
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With respect to the doctrine on Consideration, Past Consideration is ‘irrelevant’
Discuss this statement, with the following requirements;
1. Three (3) applicable case laws on the subject matter
2. Clearly state: The issue, Basic facts of the Cases, The Judgement
Step by step
Solved in 2 steps
- The Supreme Court of State G decided that the U.S. Constitution requires professors to warn students of their right to remain silent before questioning the students about cheating. This ruling directly conflicts with a decision of the Federal Court of Appeals for the circuit that includes State G. a. Must the Federal Circuit Court of Appeals withdraw its ruling? b. Must the Supreme Court of State G withdraw its ruling?Casey is on trial under criminal allegations that she engaged in fraudulent behavior at the company she manages. She is worried when the plaintiff alleges that it has "unambiguous proof" that Casey is guilty. Which of the following is most likely true? If the plaintiff provides proof only up to the level of "clear and convincing," Casey can still be acquitted. Casey need not worry about the plaintiff's evidence, since parties tend to boast about the level of proof they can establish anyway. If the plaintiff meets a "clear and convincing" burden of proof, Casey will be found guilty. The plaintiff will most likely prove Casey is guilty, since criminal charges only need to meet a prima facie burden of proof.Which of the following is NOT true of criminal fraud cases? A. It is easier for the prosecution to prevail in a criminal case than it is for the plaintiff to prevail in a civil case. B. Juries generally must rule unanimously on guilt. C. The burden of proof is beyond a reasonable doubt. D. The government/prosecution has the burden of proof.
- 1) A black firefighter alleges that each time he is transferred from one fire station to another, he must take his bed with him, on orders of the fire chief. The fire chief defends on the basis that it is a legitimate decision because white firefighters would not want to sleep in the same bed in which a black firefighter slept. Is this illegal under Title VII? Explain 2) A white college receptionist is fired when it is found that she told a black college applicant that the applications for admissions are distinguished by race by the notation of a small Rh in the corner of black applicants’ applications.”Rh,”she says, is her supervisor’s term for “raisin heads, “which he calls African-Americans. Is this employee entitled to reinstatement? 3) jose and Cesar, both Hispanic, are carpenters employed by a contractor to help build an office building in Maryland. While working, Jose and Cesar discover that they are being paid less than non-Hispanic employees. In addition, they allege a hostile…Trevor Rowe a well known businessman saw an article in the gleaner that indicated that he was a jail bird. As a result, he lost customers. He wrote to the gleaner, seeking a retraction of the story, and found out that there was in fact another man in the community with the same name who had gone to jail. What is the position of either party? The Gleaner can prevent litigation by offering to make amends. The Gleaner doesn’t have to retract the story as it was true for one of the men. There is no action as the story was already published. The businessman can go straight to Court. There is no action at there are two persons with the same name.Trevor is a Lecturer at an Institute of Further Education. He is horrified to read an Article by Raymon Bolgersberg in the “Daily News”, a local newspaper claiming that his undergraduate degree was forged in order to get a job. While the Article did not expressly mention Trevor’s name, it did describe the background and his position at the Institute of Further Education in considerable detail. Trevor is concerned that the article may cause him to lose his job. Advise Trevor of his legal rights if any, against the Author of the Article; and the Newspaper Company.
- Define “Duty to Accommodate” and give an example of a case that can be classified as a Duty to Accommodate. The paper should also explain what the management would be required to do in the “case” quoted and why the response would be considered fair. The expected result from the action of the management team must also be noted?Explain the probable interpretation by an arbitrator of the following language. If management determines that qualifications are relatively equal among applicants’ seniority shall govern. If qualifications are equal, among bidders, seniority shall govern. If qualifications are substantially equal, among bidders, seniority shall govern. If management deems qualifications are equal among bidders, seniority shall govern.16. Why are restrictive covenant clauses controversial? They are controversial because they allow people to create contract terms that restrict their future right to alter those same contracts They are controversial because they allow people to create contract terms below the otherwise legislated minimum standards of work They are controversial because they seem to pit two legitimate interest against each other: the right of trade against the right of contract
- Is it possible to be used partly for public purpose and partly private purpose without violating the limitation that a tax must be for public purpose?A. No, the purpose shall either be private or public. It cannot be bothB. Yes, The purpose is not important as long as the tax of the property can be accounted forC. No, the purpose to be accomplished by taxation need not be exclusively public. To benefit private individuals will be tantamount to deprivation of property of those who paid the tax without due processD. Yes, The purpose to be accomplished by taxation need not be exclusively public. Although private individuals are directly benefited such as the victims of flood victims, the tax will be valid provided such benefit is only incidentalWhich of the following represents an agency relationship? 1) Horace wants to sell his farm and hires Marcie as his realtor. The two agree that if Marcie finds a buyer for the farm at Horace's price, then Horace will pay Marcie 7% of the price he receives. 2) Bob dies and leaves his assets in a trust for his minor child, Lilly. In the trust, Bob appoints Reggie as the trustee to act for Lilly's benefit. Since Reggie has a fiduciary duty to Lilly as trustee, Reggie is Lilly's agent. 3) Lucy contracts to sell her car to Tony for $5,000. Tony purchases the car only to find it not in the condition that Lucy described it. Tony is claiming that Lucy violated her fiduciary duty to him as his agent under the agreement. 4) Hunt is an attorney of questionable ethics. Roger, one of Hunt's clients, is arrested for DUI, but appears to be too intoxicated to consent to a breath test. Hunt is contacted by…Which of the following occurs when a plaintiff establishes a prima facie case in an action alleging disparate-treatment discrimination in employment in the form of an illegal discharge? Multiple Choice The burden shifts to the defendant to establish beyond a reasonable doubt that discrimination did not occur. The burden remains with the plaintiff to establish damages to a reasonable certainty. The burden remains with the plaintiff to prove discrimination beyond a reasonable doubt, a special standard in disparate-treatment cases. The burden shifts to the defendant to articulate a legitimate, nondiscriminatory reason for the discharge.