What is Summary Dismissal? Discuss the various misconducts that can lead to summary dismissal of an employee using decided cases. LABOUR LAW AND PUBLIC POLICY 1.0 INTRODUCTION A contract of employment is a category of contract used in labour law to attribute right and responsibilities between parties to a bargain. The contract is between an "employee" and an "employer." It has arisen out of the old master-servant law‚ used before the 20th century. But generally‚ the contract of employment denotes
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DNA into the courtroom ( which can free innocent people wrongfully convicted of a crime twenty years ago) and Anderson’s view on allowing juries to ask questions and participate more in trials (by stating the evidence on which they base their convictions)‚ on the
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Q1. What is the dual-court system? Why do we have a dual court system? A. The dual-court system is the result of a general a agreement among the nation’s founders about the need for individual states to retain significant legislative authority and judicial autonomy separate from federal control. The reason why we have a dual-court system is‚ back then; new states joining the union were assured of limited federal intervention into local affairs. The state legislatures were free
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defendant while walking home from work. He was assaulted‚ pushed up against a car‚ and threatened with a knife. Because of the victim’s prominence in the community‚ this crime generated a great deal of media attention‚ calling for a quick arrest and conviction of the person or persons who committed the crime‚ which resulted in heavy pressure being placed on the police to make an arrest. The defendant was apprehended several days later while carrying the victim’s wallet and a knife. The victim subsequently
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one appeal had taken place.in 2009 Romeo Phillion sat through his first and last appeal. However‚ should this appeal even had taken place? The case was reopened in 2006‚ and in March 2009‚ the Ontario Court of Appeal overturned his 1972 murder conviction and granted him a new trial‚ in part because a 1968 police report establishing a clear alibi for Phillion had not been turned over to his defence lawyer. (trial.http://www.cbc.ca/news/background/phillion/) due to the fact that Phillion was wrongfully
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Public perception of exonerees Wrongful convictions are essentially the miscarriage of justice brought upon an individual deriving from a criminal proceeding. It is when the defendant is convicted of a crime that they did not commit (Gould‚ Hail-Jares‚ Carrano‚ 2014). The error of the judgement is usually not proven until the individual has served a large portion of their jail sentence. Eyewitness misidentification‚ improper forensics‚ false confessions and informants (snitches) are the main contributing
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confession is considered unequivocal evidence of guilt and a conviction is ensured. Indeed‚ the interrogation process ’ sole purpose is to obtain a confession. Zimbardo (1967) estimated that "of those criminal cases that are solved‚ more than 80% are solved by a confession." (Conti‚ 1999) Without the confession‚ convictions may be reduced significantly. So why does a person falsely confess to a crime if the likelihood of a conviction is eminent? A false confession to any crime is self-destructive
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Thomas Midkiff * Title: U.S. v. Wise‚ 221 F.3d 140 (5th Cir. 2000) * Facts: John Cain met employee Oliver Dean Emigh (“Emigh”) and owner John Roberts at the Bargain Barn in March of 1998. John Cain (“Cain”) was a self-employed computer consultant. John Roberts (“Roberts”) explained to Cain that he needed documents typed for Republic of Texas (“ROT”) legal matters due to being a member of the ROT. Cain met with Johnie Wise and Roberts the next day at the Bargain Barn to discuss
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this by providing evidentiary protection and effective legal representation at all points. Wrongful convictions undermine the two prongs of the criminal justice system’s legitimacy. If someone is wrongfully convicted‚ that person is punished for an offence he or she did not commit and the actual perpetrator of the crime goes free. As well‚ public confidence in the system declines when wrongful convictions are identified. The criminal justice system is based on the fundamental legal value that an
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Jessica Palacios Mrs. Arteaga English 1302 31 March 2014 Should Some States Continue with its Death Penalty? "As if one crime of such nature‚ done by a single man‚ acting individually‚ can be expiated by a similar crime done by all men‚ acting collectively" (Lewis Lawes‚ warden of Sing Sing prison in NY in the 1920s and 30s.) Many people think that is right to have payback over something that has been done to them and other think that it is brutal and goes against human morals. Also many people often
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