Employment-At-Will Doctrine Employment-At-Will Doctrine: three major exceptions From my research of this topic it is obvious that the United States is still the only industrialized nation that lacks a national wrongful dismissal statute. The reason for the lack of such is not of course the federal structure of the United States. In the United States‚ employees without a written employment contract generally can be fired for good cause‚ bad cause‚ or no cause at all; judicial
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Repair- Reconstruction Doctrine is a fundamental doctrine prevalent mostly in USA and few other countries which holds that a purchaser of a patented product may ‘repair’ the product but may not ‘reconstruct’ it. This definition though looks simple on the face of it‚ yet it is one of the most controversial doctrine with regard to patent laws across the globe. This is because of the primary reason that‚ more often the two verbs namely: ‘repair’ and ‘reconstruction’ overlap. The challenge with regard
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bestowed on Nigeria by colonial masters‚ common law principles‚ rules and doctrines have tremendous influence on administration of justice system in the country. Particularly as an offshoot of that influence‚ the common law doctrine of stare decisis‚ translated as judicial precedent or simply as precedent‚1 has come to be regarded as a source of law in the country.2 Simply put‚ stare decisis is a practice in the administration of justice in common law jurisdictions‚3 whereby a court is bound to follow
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Committee Reports & Tax Treaties Final‚ Temporary‚ Proposed Regulations & Preambles Final‚ Temporary & Proposed Regulations Regs. §§ 1.448-1 thru 1.456-7 Reg §1.451-2 Constructive receipt of income. Federal Regulations Reg §1.451-2. Constructive receipt of income. Effective: The amendment to §1.451-2(a)(2) of the regulations is effective for corporate obligations and certificates of deposit‚ time deposits‚ bonus plans‚ and other deposit arrangements
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Employment-At-Will Doctrine Professor Thomas Demko‚ Strayer University LEG500‚ Assignment 1 October 30‚ 2013 Assignment 1: Summary of Employment-At-Will Doctrine The famous philosopher James Allen inspired the society by his writings satisfactory performance to be rewarded with job security‚ in early 20th century. The US courts regarded relationship of employer and employee as being on equal footing for bargaining power. However‚ jobs were terminated
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Krisna Quinto 16 October 2013 SD: 2013007 NOTICE OF MEETING Date: 14 August 2013 Time: 9 am to 1 pm Venue: Boardroom‚ ‘Bags About Town’ head office‚ Level 14‚ 194 Collins St. Sydney RSVP Date: 7 August 2013 Who is attending: Senior Management Team- CEO‚ General Manager‚ IT Director‚ Finance Director‚ HR Manager‚ Marketing Manager‚ Buying Director‚ Warehouse Manager‚ Regional Operations Manager Agenda: See attached meeting agenda Pre –reading documents: Agenda
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and disadvantages of the doctrine of precedent and how judges may make new law. Include 1 case where judges have made new law. The doctrine of precedent is an important feature of judge-made law (common law). This doctrine means that similar disputes should be decided by reference to the same legal principles‚ and that lower courts are bound to follow the decisions of higher courts within the same court hierarchy. There are both advantages and disadvantages of the doctrine of precedent and the way
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The doctrine of covering the field is a doctrine in constitutional theory that applies in federal constitutions where legislative powers are shared between the federal government and the federating states in Enumerated Lists. It applies only to legislative acts (statutes) made by the federal and state legislatures under the Concurrent Legislative List. In the US‚ the expression‚ covering the same ground‚ was used in Houston v Moore 18 US 1 (1820). The doctrine simply means that where there is a
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generally abide by precedent and not disturb settled matters. However‚ this doctrine has been overruled by courts in some cases. International trade laws have not always followed prevous decisions and thus might produce inconsistent decisions. Basically this legal principle states that once a law has been determined by the appellate court to be relevant to the facts of the case‚ future cases will follow the same principle of law if they involve considerably identical facts. The principle of stare decisis
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DOCTRINE OF PRECEDENT AND STARE DECISIS What do you understand by precedent in the English legal system? It is a legal case establishing a principle or rule that a court or other judicial body may utilize when deciding subsequent cases with similar issues or facts. What are the advantages and disadvantages of having a legal system based upon the doctrine of precedent instead of having a legal system based upon codified law? Advantages 1. Provides certainty in law. 2. Judges have clear
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