Strict scrutiny

I CASE NOTE A Facts Citation: Lamble v Howl at the Moon Braodbeach Pty Ltd [2013] QSC 244 Parties: Andrew Jon Lamble (‘the plaintiff’) and Howl at the Moon Broadbeach Pty Ltd (‘the defendant’ or ‘Howl’) Court: Supreme Court of Queensland Date: 9 September 2013 Judge: Douglas J On 8 December 2008, the plaintiff was assaulted by Anthony Cerantonio (‘Ceratonio’), a barman at Howl. The assault followed a fight involving the plaintiff’s colleagues and staff at Howl. The plaintiff was not a party to

The English Law on Vicarious Liability An employer is responsible for damage caused by the torts of his employees acting in the course of employment. This is known as ‘vicarious liability’[1]. Essentially, vicarious liability is where the employer is generally substituted in terms of liability for the employee, the employee also has liability but the resources of the employer such as insurance makes them more financially attractive to the claimant. The mechanism of

following questions, and use cases and theories from the text to support your arguments: Was there negligence in the failure of General Motors to warn Bud? (15 points) Discuss all defenses General Motors may have. (15 points) Does strict liability in torts apply to this situation? Why or why

society. Although they had many achievements, the Puritans also did fall short in many aspects of their society. They ultimately did fail at their perfect society, and that is a very important aspect since that was their main goal. They also were very strict about their policies regarding the church. Once the generations progressed, they had to create new rules to allow people basic religious rights such as baptism. They also fused church and state, which was necessary in a society such as this, but it

What is the difference between criminal and civil law? What is a tort? What are three forms of product-liability cases that can be formed due to a manufacturer’s negligence? And what is a warranty? These are all important questions that are answered by having a basic knowledge of the law and regulations. Let’s take a look at each term and how our legal court system has defined them. First, criminal law is a crime and considered a type of wrongdoing. It can be against an individual or to society

1.0 INTRODUCTION Liability is said to be 'vicarious' when one person is thought liable for wrongs committed by another. Vicarious liability is not a tort or a wrong in itself but a way in which liability may be imposed: a person may be directly liable for their own torts or vicariously liable for torts committed by third party. For example of vicarious liability in tort rise from the relationship of master and servant, this effectively means employer and employee. The regulation is that an employer

Issue Did the HR Director (“HR”) engage in quid pro quo sexual harassment by saying “if you come out with me for a good time I can just about guarantee the job”? Is the company (“Company”) liable for the sexual harassment of the employee the HR Director? Brief Answer Yes, HR did engage in quid pro quo sexual harassment by asking the applicant out on a date and saying “if you come out with me for a good time I can just about guarantee the job” and, after the applicant refused, gave the promotion

ISSUE Under Florida statutes and cases pertinent to inadvertent disclosure, is Mr. Beene required to return the privileged documents when (1) the products liability team inspected each document included in the discovery; (2) the inadvertent disclosure occurred once; (3) the degree of disclosure was miniscule; (4) timely objections were made at the deposition; and (5) opposing counsel had already built a case around documents that included correspondence that were intended to be privileged? BRIEF

Amy Chua argues that extremely strict parenting supposedly typical of Asian parents is the way to raise "successful children" in this excerpt of “Why Chinese Mothers Are Superior.” This type of parenting places great stress upon achieving academic and musical results, often to the drastic exclusion of many other facets of life. She also is heavily critical of the “Western” style of parenting, critiquing aspects that do not correlate with her typical ways of teaching and guidance. In her article

THREE LEVELS OF SCRUTINY FOR EQUAL PROTECTION CHALLENGES The legislation has a weighty influence on people, whether the decisions are made in proper or improper ways. In recent years, the Supreme Court has developed the three levels of scrutiny for equal protection challenges (Snider, 2014). Among those levels of scrutiny are: Strict scrutiny, Intermediate scrutiny, and rational basis review. Strict scrutiny is the way of legal reviews, which are used to define the constitutionality of laws. It