Question 1 A corporation is a separate legal entity from its owners. The principle of separate legal entity is a fundamental of company law‚ and is demonstrated by SS119 and 124 of the Corporations Act. In other words‚ if a corporation‚ in the course of doing business‚ is involved in any legal action‚ then the corporation‚ for legal purposes‚ is its own person. The corporation is liable for its debts‚ not the members; members do not have the proprietary interest in the company assets. This is how
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Patrick Haines JLC 101 Prof. Edelson 9/11/14 Hawkins v McGee case brief Case Name: Hawkins v. McGee‚ 84 N.H. 114‚ 146 A. 641.(1929) Facts: Mr. Hawkins‚ the Plaintiff had undergone reconstructive surgery by Dr. McGee‚the defendant‚ in order to remove scar tissue on his hand that had resulted from an electrical wire accident nine years prior to the transaction. The procedure called for the removal of the scar tissue from his palm and the grafting of skin from his chest in its place. When asked about
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People v. Rangel (2012) : Case Brief Issue: When a search warrant is issued on the grounds of proving someone to be a part of gang activity‚ is it logical to be able to search their personal items such as a phone? Facts: San Mateo police believed that supposed gang member Eric Rangel was responsible for the felony assault that took place in a local park and also that it was a gang-related crime. As a result police obtained a search warrant of Rangel’s home on the grounds of proving “gang indicia”
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holistic outcome for all parties involved. The issues that explore and reflect the role of discretion within our criminal justice system are police discretion‚ charge negotiation and judicial discretion in sentencing. The first aspect of the legal system in which discretion is used is in the powers given to police in the criminal investigative process. The responsibility of enforcing criminal always and ensuring they are adhered to lies with the police in the prevention and detection of crime
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the agency relationship with Hilendorf (“Hilendorf‚” n.d.). An agency relationship can be terminated by an act of both parties‚ an unusual change of circumstances‚ impossibility of performance‚ and operation of law (Cheeseman‚ 2013‚ p. 393). In the case of Hilgendorf v. Hague‚ the contract was not terminated by an act of both parties‚ because Hilgendorf (agent) did not acquiesce to Hague’s (principal) attempt to terminate the relationship‚ the stated time of the contract had not passed‚ and due to
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mentally ill and in demand of treatment. In the case of intellectually disable individuals‚ they must be believed a danger to self or others or too disable‚ incapable of meeting his or her needs. Even though intellectually disabled individuals have a right to an attorney but in some cases‚ they act more like a parent‚ advocating for treatment instead of legal rights. A controversial situation in this field‚ is the civil commitment of sex offenders. In some cases‚ if the offender is proven to be a sexually
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Procedural Due Process the legal requirement that an agency of the state must respect all of the legal rights that is owed to a person apart of that agency. Substantive Due Process established course for an administrative agency designed to safeguard the legal rights of the individual apart of the agency. ANALYSIS: The court stated that the disciplinary hearing provided them with proper notice of their violation was and sufficient amount of time to prepare their case to an
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Arshiya Qasba 20141036 B.A LLB section ‘A’ Case: McGuire v. Almy CASE BRIEF Facts: Mcguire‚ a nurse (P) was hired to take care of Almy (D)‚ a mentally unfit person. One day while D was locked up in the room‚ he became violent. P entered the room and saw D holding the leg of a chair in her hand as if she was going to hit someone. The P tried to grab it from D. D struck the P with it and injured her. P sued D for charges of assault and battery
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advantage of students desired need for work. A large number of foreign students in this cash industry‚ where visa restrictions are broke‚ receive wages well below the legal entitlement‚ and laws on working conditions are ignored. Restaurants in Melbourne’s China Town and Chadstone shopping centre are paying wages below the legal minimum wage of $17.70 an hour. Chinese student Chiquita Yu is working at a restaurant in Chadstone shopping centre and is paid $10 an hour. “I work for 30 hours a week
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CASE LAW Review Problems 3 and 4 (pp. 221‚ 223) Problem 3 p221 I. INTRODUCTION The principle law that this question is concerned with is the doctrine of nuisance. In particular it focuses on private nuisance. This doctrine with regards to private nuisance is intended to prevent annoyance and disruptive conduct of unreasonable interference with the rights of private landowners. II. ISSUE The issue in this case is whether Elliot’s billboards interfering with sunlight making
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