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Doctrine
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...Doctrine According to Karl Marx, human beings are creative and productive rather than being a creature having only desires and needs. One of the unique characteristics of Marx’s approach or viewpoint towards human nature is that the productivity of humans can be measured along with utilized in a materialistic field. Marx denotes productivity as “man’s spiritual essence, his human essence” (Sayers 610-612). Marx’s view of human nature depict that human beings have developed a complex affiliation with the environment through their works. The ultimate view expressed by Marx regarding human nature represents that performing respective works is not the final way to satisfy the...
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Monroe Doctrine
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...DOCTRINE 2006 Introduction The Monroe Doctrine is probably one of most long-living political documents in history of world international politics. For more that 150 years it was the core of U.S. Foreign policy and analysts believe that is still has serious influence of international policies of the U.S. The Monroe doctrine and its various interpretations are the key to understanding contemporary political course of the U.S. not only in Western Hemisphere, but also in the entire world. The Monroe Doctrine was expressed by President James Monroe in 1823 within his annual address to the Congress. The main idea of Monroe's message was the following: until European powers doest not interfere... MONROE...
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Employment-At-Will Doctrine
4 pages (1000 words)
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...Doctrine Grade (17th, Oct. Employment-At-Will Doctrine Summary of the employment-at-will doctrine The doctrine of Employment-At-Will is a principle guiding the employment relationships between the employee and the employer, which provides that an employer has the right to terminate the contract of his/her employees for any reason (Stone, 2007). The Employment-At-Will Doctrine is a controversial one, since it allows an employer to dismiss employees at will, even without establishing a just cause for termination. Therefore, the employee whose contract has been terminated has no right to claim any compensation for contract termination. Similarly, the Employment-At-Will Doctrine... Employment-At-Will...
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The first sale doctrine
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...doctrine The first law doctrine Question 7: What are the benefits of the first sale doctrine? And to whatextent are those benefits currently being experienced in the digital marketplace? The first sale doctrine (FSD) is the provision in copyright law which offers the purchaser of a copy of a copyrighted work the right to sell or dispose of that reproduction devoid of authorization from the owner of that copyright (Bridy, 2011). This legal principle is applicable to both physical items and digital content that people can download over the internet. FSD has several benefits. It has led to a free market of DVDs, CDs, and books since the copyright owner’s distribution right would reach... ? The first law...
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Employment-At-Will Doctrine
6 pages (1500 words)
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...DOCTRINE affiliation EMPLOYMENT-AT-WILL DOCTRINE Summary of the Employment-at-Will Doctrine in the Text Normally, the employees without a written employment agreement can easily be fired for bad cause, good cause, or absolutely no cause. In situations of at-will, either the employee or the employer terminates the relationship in the employment, without or with cause, without or with warning, unless the agreement is present with express conditions and terms that cover the termination. The employment at will doctrine has its own limits. Terminations that are initiated by employers must not be connected to discrimination or violation of certain state or federal laws. For instance... EMPLOYMENT-AT-WILL...
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Employment-At-Will Doctrine
4 pages (1000 words)
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...Doctrine Grade (17th, Oct. Employment-At-Will Doctrine Summary of the employment-at-will doctrine The doctrine of Employment-At-Will is a principle guiding the employment relationships between the employee and the employer, which provides that an employer has the right to terminate the contract of his/her employees for any reason (Stone, 2007). The Employment-At-Will Doctrine is a controversial one, since it allows an employer to dismiss employees at will, even without establishing a just cause for termination. Therefore, the employee whose contract has been terminated has no right to claim any compensation for contract termination. Similarly, the Employment-At-Will Doctrine... ? Employment-At-Will...
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Mullins' Doctrine of Sin
13 pages (3250 words)
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...Doctrine of Sin Introduction Edgar Young Mullins (1860-1928) has been described as one of the most important theologians and "statesmen" in Southern Baptist life., Although important Baptist leaders such as B. H. Carroll, Lee Scarborough, and George W. Truett were contemporaries of Mullins, R. Albert Mohler claimed that Mullins’s influence as a denominational leader and theologian was more widespread. He served as president of The Southern Baptist Theological Seminary in addition to his teaching systematic theology for almost thirty years. Fisher Humphreys identified three theological issues that Mullins faced during his career: the tradition of staunch Calvinism held...  Table of Contents Mullins' Doc...
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Employment At Will Doctrine
6 pages (1500 words)
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...Doctrine The employment-at-will doctrine is a legal rule that was developed in the 19th century and gives employers the power to dismiss their employees at will for a good cause or for activities that are morally wrong, without being guilty of any wrongdoing. Its legal underpinnings mainly consist of the idea that individuals are free to choose to dispose of their labor as they see it fit and that the voluntary contractual promises they make are legitimately enforceable (Muh, 2001). Employment at will implies that an employer can terminate an employment contract at any time for any reason except one that is illegal or for no reason, without incurring legal liability... ? Assignment Employment-at-Will...
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Doctrine of consideration
14 pages (3500 words)
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...doctrine of consideration has been traditionally regarded as one of the most fundamental 'vehicles' for the resolution of disputes involved in the obligations and the rights created through a contract. It should be noticed however, that although the above doctrine has a long history in the common law practice, there are cases where it is not applied by the courts because it is regarded as irrelevant or unfair regarding a specific dispute. This paper examines the doctrine... I. Introduction When having to decide on the interpretation of terms included in a contractual agreement, the court usually follows a series of standards methods in order to formulate a secure and fair opinion. In this context, the...
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Employment At Will Doctrine
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...doctrine Overview The employment at will is a presumption that employment is an indefinite commitment that has no defined period; therefore, either employee or employer can terminate it at any given time with or without alerting the other party. The employment at will is an historical approach, which has seen the courts interpret employee and employer employment relationships. Notably, numerous criticisms emerged to oppose this doctrine in that it was seen as proving unequal bargaining power between employees and employers. Most significant part of the criticism was pegged on the part of the law that locked labor unions from fighting for the rights of the employees... . Additionally, the...
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The Truman Doctrine
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...Doctrine In March 12, 1947 United s President Harry Truman gave a speech thatled to the establishment of the Truman doctrine. He made a plea for the United States involvement during the Greek Civil War which happened between 1946- 1949. This was after the British government announced the withdrawal of military and economic aid to the Greek civil war. Britain stopped supporting Greece due to lack of funds and requested the United States to give the needed support to end the civil war in Greek. President Truman announced assistance to Turkey as well, which was also under the British aid program. Truman argued that if the countries received no support... Marysue Andreozzi History 161 26 April The Truman...
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The Caroline Doctrine
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...DOCTRINE The right of self-defense of s is basically considered as a sacred principle that is meant toprotect countries that are considered to be small and weak from the aggression of other countries that are more powerful. This provides the reader with an abstract of the topic in brief and the issue at hand. It familiarizes the reader with the researchers plan and his objective, aspects of the Law of Self-Defense- that deals with the various controversial issues and interpretations such as anticipatory Self Defense. Results of a path suggested a model that was broadly in agreement with the psychodynamic functions and hypothesis in describing a mediating role for anxiety. As a result... THE CAROLINE...
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The Castle Doctrine
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...Doctrine The New Castle Doctrine and the Right to Defend Within the Dan Rather news reportsentitled “The Castle Doctrine,” there is essentially one distinct argument for why the New Castle Doctrine supports a person’s right to defend themselves which is a right that has been guaranteed to the people by the Constitution.The primary and most prevalent argument is that a person cannot depend on the police to save them or help them in a dangerous situation, and it is because of this that a person should be able to protect themselves with deadly force without fear of prosecution. This is also extended to the idea of protecting your own property. This argument showcases, according... and Number The Castle...
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Employment-At-Will Doctrine
5 pages (1250 words)
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...Doctrine There exists a relationship between an employer and a worker which is governed by a set of rules andregulations. These rules are referred to as the employment at will doctrine. These rules give employers the unfettered authority to terminate the employment of an employee at will for a reasonable cause, or for no cause. On the other hand, this doctrine gives an employee the right to terminate the relationship with the employer. Generally, an employee will be relieved of his or duties by the employer if he does not perform or if the employee is incapable to acclimatize him or herself to the position’s requirements (Mark et al., 1987). Legally, an organization has the right... ? Employment-At-Will...
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Doctrine of Precedent
6 pages (1500 words)
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...Doctrine of Precedent Introduction The first settlement of the British in Australia was distinguished by the establishment of a penal colony at Botany Bay in New South Wales in the year 1788. This land inhabited till then by the aboriginals had no legal system to cite and was characterized only by some unrefined and undefined folk traditions. When the British formed their colonies they adopted and made it obligatory the notion of terra nullius which meant that the land belonged to no one. This they did because there was no particular recognition of laws or rights to the land of those aboriginal people at that time. But in due course, to cope with the administration of the colony... Do Statutes tame...
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Employment At Will-Doctrine
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...Doctrine Introduction The Tennessee Supreme Court articulated this doctrine in 1884 whereit stated that there should be no interference with employers’ right, whether to release or retain them at will for good cause or for no cause, or even for bad cause, they cannot be held guilty of an unlawful act in the strictest sense (Summers, 2000). Therefore employers in the United States of America have a right over their employees and can dismiss or retain them at their own will without threats of legal action as experienced in the common law and statutes that protect employees from unfair dismissal and discharge from employment without a just cause. The assumption in this doctrine... Employment at Will...
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The Doctrine of Precedent
4 pages (1000 words)
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...Doctrine of Precedent Among the notable feature of a democratic society are its judicial proceedings and the adherence to the rule of law. In the exercise of a judicial proceeding, the courts of justice are enjoined to settle actual controversies involving rights which are legally demandable and enforceable. It is likewise charged with the responsibility to determine as to whether or not there has been abuse of discretion on either parties in the proceedings. And as such the courts are tasked to play a major role in the structuring of the fundamental aspects of law and justice to ensure and safe guard the very foundation of democracy. The purpose of this paper is to discuss the Doctrine... ...
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The Truaman Doctrine 1947
2 pages (500 words)
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...Doctrine The Truman doctrine arose from the speech that was given by American President Harry Truman on March 12, 1947. He delivered this speech before a joint session of Congress in which he identified the need to support free nations of the world. The doctrine established that United States would provide political, economic and military assistance to all the democratic states who were threatened by the totalitarian forces. His speech declared that America would intervene any nation in the need of help to fight the expansionist policies of the Soviet Union. He also established in his speech that the war torn nations of Europe required rebuilding and rehabilitation projects and that is why... Truman...
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Employment-At-Will Doctrine
6 pages (1500 words)
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...DOCTRINE affiliation Table of Contents Table of Contents Summary of the Employment at will Doctrine 1 Assessment of Pertinent Exceptions 2 Action and the Ethical Theory 3 States Policy on Employment at will 4 References 6 EMPLOYMENT-AT-WILL DOCTRINE Summary of the Employment at will Doctrine Normally, the employees without a written employment agreement can easily be fired for bad cause, good cause, or absolutely no cause. In situations of at-will, either the employee or the employer terminates the relationship in the employment, without or with cause, without or with warning, unless the agreement is present with express conditions and terms that cover the termination... . The employment at...
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Just War Doctrine
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...doctrine. As an expectation of civilians from the military, wars should be started by causes and causes should be found through intelligence. For this reason, a justified war comes with a justifiable cause and for that matter, a justifiable intelligence. It is therefore important that “a doctrine of just war should coordinate with a doctrine of just intelligence, especially for human source intelligence, counterintelligence, and covert operations” (Arrigo, 2001). Ultimately, the military has failed on its mission of just war if its source of intelligence cannot be ranked as just in the sense that it is taken primarily by insiders or military specialists without any... ?Military and Civilian Perspectives...
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Attractive nuisance doctrine
2 pages (500 words)
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...Doctrine Introduction In case an individual decides to call children over to his or her house to have fun, for example, a pool party, the person is assumed to be responsible for the wellbeing of the children at that time. This is in case an upset occurs when the children are using the pool. In regard to tort laws, the Attractive Nuisance Doctrine states that, people who own land may be held responsible for accidents that occur to children trespassing on the land (Okrent 22). This law applies if the risk is caused by dangerous objects, or some features of the lands that are likely to attract children who are unable to determine the risks that are likely to be caused by the objects... Attractive Nuisance...
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Doctrine of the Trinity
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...Doctrine of the Trinity that lies in the heart of Catholicism is rooted in the history of early church of Christianity. In the beginning of the religion, correct view of the God and the doctrine were important for Christianity and initially, there was confusion and conflict about the matter. In the fourth century, a group of men called Theologians articulated the doctrine of trinity. Doctrinal treaties were not composed for a long time. Those were difficult days for the Church with persistent persecution. During Constantine's rule, persecution reduced and slowly an extensive ecumenical change started taking place in the...
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Employment-At-Will Doctrine
4 pages (1000 words)
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...Doctrine The employment-at-will doctrine is based on the presumptionthat employment relationships are at will. At-will means that an employer is entitled to terminate an employee at any time, for any reason, or for no reason without incurring any legal consequences. Similarly, an employee is entitled to leave the job at any time, for any reason or no reason without incurring any legal consequences. Moreover, it also means that the employer can vary the terms of employment without issuing a notice and suffer no legal consequences. For instance, an employer can vary wages, reduce paid time off or terminate benefits. The at-will employment doctrine is applied in all states in the US... Employment-at-Will...
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Employment-At-Will Doctrine
5 pages (1250 words)
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...Doctrine The employment at will doctrine implies that an employer is free to dismiss an employee for any legal reason without giving him or her notice. Similarly, the doctrine also allows the employee to leave his or her job for any reason without incurring legal liability (Employees Protective Association (U.S.), 2004). Therefore, the key objective of the doctrine if to set both the employer and the employee free such that they can take any actions without notifying each other provided they are supported by legal reasons. Employment-at-will doctrine also allows the employer to change the terms of the employment contract without incurring any legal liability. For instance... ? The Employment-at-will...
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Employment-At-Will Doctrine
3 pages (750 words)
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...Doctrine Introduction The At-Will employment doctrine is a legal presumption thatthe relationship between the employee and the employer is “at-will” implying that either of the party to this relationship can terminate the union at will without incurring legal liabilities (Miller, & Gaylord, 2010). According to this principle, either the employer or the employee can terminate the agreement with or without a reason. However, the employer cannot dismiss the employee for an illegitimate cause. Case 1 According to common law exception on good faith and fair dealings, John cannot be fired for criticizing customers if the employer establishes that circumstance leading to the criticism... Employment-At-will...
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Mullins' Doctrine of Sin
14 pages (3250 words)
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...Doctrine of Sin Introduction Edgar Young Mullins (1860-1928) has been described as one of the most important theologians and "statesmen" in Southern Baptist life.1,2 Although important Baptist leaders such as B. H. Carroll, Lee Scarborough, and George W. Truett were contemporaries of Mullins, R. Albert Mohler claimed that Mullins’s influence as a denominational leader and theologian was more widespread.3 He served as president of The Southern Baptist Theological Seminary in addition to his teaching systematic theology for almost thirty years. Fisher Humphreys identified three theological issues that Mullins faced during his career:4 the tradition of staunch Calvinism held by Mullins's... Mullins'...
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Doctrine of Precedent
8 pages (2000 words)
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...Doctrine of Precedent Introduction Applying "precedents" which is past solutions is an ordinary method, in business as well as in all common law legal arrangements. Some decisions taken in cases become binding. Sometimes Judges decisions tie down later courts of equal or higher rank, in case the material facts of the case are the same. English judge, Baron Parke, enunciated this theory of binding stare decisis, in 1833. To bring about a faith to the law the courts followed the principle of stare Decisis.1 This is referred to as the doctrine of precedent. The doctrine of precedent’s role in the English legal system is very important since...
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Doctrine of Precedent
7 pages (1750 words)
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...DOCTRINE OF PRECEDENT Doctrine of Precedent Reliance on precedent decisions is an important aspect of any systematic and consistent decision procedure. Considering the experience of past decisions plays a crucial role in securing the needed consistency and stability in application of law. Therefore, there is a dire need for a coherent case law. This is because it helps in strengthening the predictability of decisions and improves their authority. The doctrine of precedent also known as stare decisis provides that the decision of a higher court within the same jurisdiction acts as binding authority on a lower court within the same jurisdiction (Brassil & Brassil 2000). However, the decisions... ? DOCTRINE ...
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Soteriology Doctrine of Atonement
6 pages (1500 words)
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...Doctrine of Salvation Through ages, the world often considered it a fabled myth that just belief suffices one to bargain forgiveness of one's sins. According to almost every religion in the world, forgiveness would heavily depend on the respective words and deeds of each individual, as bound and decided by its scriptures. Only one religion in such times, Christianity, stands ashore with the doctrine of salvation through faith in Christ. This doctrine, over time, has developed into a science, which categorically deals with three spheres - Christ, atonement and salvation. The roots of the word Soteriology lie in two Greek words: 'Soteria' which means Salvation and 'logos' meaning... Soteriology: the...
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The Relativist Doctrine
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...doctrine of relativism, there is no absolute standard of right and wrong. Thus, the moral principle in a person, which determines what they perceive as truth, is based on an individual’s circumstances, culture, parental guidance and upbringing as well... The truth Truth is relative based on ones culture and upbringing. While one thing could be right to one person, a group of people or a certain community, it could be wrong to others. All this is dependent on the culture of a people and on what they believe to be true. The beliefs bestowed on an individual are products of the environment in which they were raised. Thus, nothing that can be referred to as absolute truth (Feynman, 1965). According to the...
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Employment-At-Will Doctrine
4 pages (1000 words)
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...doctrine and wrongful discharge in violation of public policy”. Describe what steps you would take to address the following scenario involving labor and laws: With Jennifer’s kind of reasoning, she obviously did not pay attention to her Business Law class back... Employment at Will The employee seems to be unable to learn the computer applications that are basic to her job responsibilities, but, consistently “tells” her boss that she is “a good worker and a genius” and that he does not “appreciate her”. Even after a few months of training and support, she is unable to use the computer tools to be productive and efficient in completing the required tasks. Describe what steps you would take to address...
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Doctrine of Parliamentary Sovereignity
10 pages (2500 words)
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...doctrine of Parliamentary sovereignty is part of English law and for many years, the rule that the “Parliament can do anything except bind its successor”2 has been a well accepted principle. According to Wade (1996), the doctrine of Parliamentary sovereignty is an “ultimate legal source” and is therefore... How the Changing Constitutional Landscape of the EU Challenges the Sovereignty of the parliament I. Introductions The idea that parliament is sovereign is not really a new concept in English law and it has been in effect for many years. According to the court in the case of Madzimbamuto v Lardner-Burke1, the sovereignty of the Parliament is a recognized fact and it has been so for many years. The...
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Doctrine of Promissory Estoppel
8 pages (2000 words)
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...doctrines in the specific instance of the following case study. Facts Amelia offered her nephew, Dan, two thousand pounds if he worked hard and got a second class degree, and her sister, Betti, five hundred pounds for errands. She also offered a two hundred fifty pound reduction of a loan she had given... pounds. Estoppel The definition of estoppel has many elements. Promissory estoppel is defined by Gilhams Solicitors as “an equitable doctrine that arises in the context of an existing contract: a promise, assurance or representation of some future conduct by a person is relied upon by another, such that a person relies on the promise of conduct to their detriment, and the...
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Employment-At-Will Doctrine
5 pages (1250 words)
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...Doctrine Introduction Employment-At-Will is a policy of the United s employment commandments which defines employment relationship in an organization. According to “employment-at-will’ principle, when an employee does not possess any kind of written occupation agreement and the terms and conditions of employment is for unspecified time period, the organization can dismiss the employee for any cause (excluding illegal one), or for no cause without involving any lawful obligation. Similarly, an employee is also free to leave the job at any moment due to any cause or for no cause without any negative legal outcomes. The disclaimers of employment-at-will principle are essential... ? Employment-At-Will...
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Employment-At-Will Doctrine
4 pages (1000 words)
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...doctrine and wrongful discharge in violation of public policy”. Describe what steps you would take to address the following scenario involving labor and laws: With Jennifer’s kind of reasoning, she obviously did not pay attention to her Business Law class back in college... ? Employment at Will The employee seems to be unable to learn the computer applications that are basic to her jobresponsibilities, but, consistently “tells” her boss that she is “a good worker and a genius” and that he does not “appreciate her”. Even after a few months of training and support, she is unable to use the computer tools to be productive and efficient in completing the required tasks. Describe what steps you would take to...
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The Doctrine of Precedent Essay
4 pages (1000 words)
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...doctrine of precedent The Doctrine of Precedent can be considered both a Blessing and a Curse of institution] The doctrine of precedent can be considered both a blessing and a curse The Doctrine of judicial Precedent is a well-established part of the Australian legal system. It gives Judges the power to make and change laws, which can often be the source of some criticism. Within this essay, the history of the Doctrine of Precedent will be outlined, there will be references to two preceding cases, relevant terms will be defined and the advantages and disadvantages of the Doctrine of Precedent as a basis for common law will be argued. Local customary law was the most... Running Head: The...
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The doctrine of parliamentary sovereignty
6 pages (1500 words)
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...doctrine of parliamentary sovereignty, which has for long been the of active arguments, and its role and possibility of adopting the constitution, which will be entrenched against future alterations and will be capable of effectively limiting the executive power and the power of legislatures. The main conclusion of the work is that the doctrine of parliamentary puts unlimited power on Parliament, depriving the courts of their legal rights to abolish certain laws and acts, and making them bound to the need of applying any laws passed through Parliament, thus the possibility of adopting of the constitution which will be entrenched against further amendments... The work is devoted to the discussion of the...
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Explain the doctrine of precedent
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...doctrine of precedent The doctrine of precedent I agree with the proposition that “Doctrine of precedent is of uppermost importance in any common law jurisdiction”. The doctrine of precedent, also known as stare decisis, is a judicial policy requiring judges to abide by earlier judicial rulings when making their judgments. Smaller courts are bound by decisions from superior courts when assessing their cases. Judges can also rely on decisions from courts in other jurisdictions when making judgments. Judicial precedent can be applied both vertically and horizontally within a judicial system (Gerhardt, 2008). Vertical application of the doctrine of precedent involves inferior courts applying... The doctrine ...
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Contract law, Doctrine of consideration
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...doctrine of consideration. They have been concerned with the much more practical problem of deciding in the course of litigation whether a particular promise in a particular case should be enforced When the courts found sufficient reason for enforcing a promise they enforced it; and when they found that for one reason or another it was undesirable to enforce a promise, they did not enforce it. It seems highly probable that when the courts first used the word "consideration" they meant no more than there was a "reason" for the enforcement of a promise. If the consideration was "good", this meant that the court found sufficient reason... . Consideration must impose an obligation in the future;...
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John Calvin's doctrine in eucharist
10 pages (2500 words)
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...Doctrine of The Eucharist I. Introduction TheHoly Sacrament is among the most controversial issues ever discussed in ecclesiastical debates. These battles over the doctrine of the Eucharist have existed since the medieval period. However, the debates became more heated and controversial in the European Reformation of the 16th century.John Calvin, Martin Luther and HuldrychZwingli were three key reformers involved in the debates on the Eucharist. This paper explores the teachings of John Calvin on the Eucharist, especially in his writings such as the Institutes. The role played by Calvin... in the Reformation movement became more apparent and pronounced after the excommunication of Luther with...
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Plain View/Open Fields Doctrine
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...DOCTRINE The Fourth Amendment contains crystallized principles to guard against encroachment on the privacy of its citizens. (Romero, 1988) This amendment, however, is subject to exceptions, two of which are the plain view doctrine and the open fields doctrine. The essence of the plain view doctrine is that it allows law enforcement officers to effect warrantless seizures when the evidence/contraband is in plain view. (LaFave, 1983). The officer may not disturb other objects to obtain a better view. The Supreme Court, in the case of Texas v. Brown1 established the three pronged test to determine whether or not the plain view doctrine is applicable, and this will impact... PLAIN VIEW/OPEN FIELDS DOCTRINE ...
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The Doctrine of Judicial Precedent
20 pages (5000 words)
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...Doctrine of Judicial Precedent is at the Heart of English Legal System. Primarily and most importantly, jurisprudence is the study of the sources of law. The present study is a work on particular jurisprudence since it seeks the correct positioning of the doctrine of judicial precedent within the English legal system. For the purpose, it is necessary to see jurisprudence as classified as particular jurisprudence and general jurisprudence. "Particular jurisprudence is concerned with the fundamental assumptions of one legal system, whereas general jurisprudence covers a wider field" (Cross and Harris, 1992, p.2). Many a legal theorists and commentators have agreed upon the view... that the...
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Unconscionability doctrine in contract law
6 pages (1500 words)
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...doctrine in contract law Unconscionability doctrine in contract law, allows a court not to accept or enforce a contract whose terms seem to favor one party. The contract is seen to be unfair and exploitative to the party who ha not understood the terms of the agreement that have been put in the contract: it protects against duress and fraud. There have been different cases in New York and Virginia courts that try to use the doctrine in their ruling. These cases include: Jones v. Star Credit Corp., 298 N.Y.S.2d 264 (Sup. Ct.1969) Derby v. Derby, 378 S.E.2d 74 (Va. Ct. App. 1989) Friendly Ice Cream Corp. v. Beckner, 597 S.E.2d 34 (Va. 2004) Galloway v. Galloway, 622 S.E.2d 267 (Va... Unconscionability...
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Doctrine of Judicial Binding Precedent
8 pages (2000 words)
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...Doctrine of Judicial Binding Precedent [ID Number “In truth judges make and change law. The whole of the common law is judge made”. This is surprising to hear from a United Kingdom Lord: Judicial precedent and stare decisis is vital in American jurisprudence, but in the UK it is decidedly less central1. Judicial precedent, stare decisis and similar doctrines tend towards a conservativism and inflexibility in the system. But the United Kingdom does have a substantial influence of judicial precedent in its system, particularly when it comes to the House of Lords. In London Tramcars Co Ltd v London County Council2, Lord Halisbury ruled that when the House...
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The Kennedy Doctrine 1961-1963
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...Doctrine 1961-1963 A Critical Analysis of the Kennedy Doctrine 1961-1963 Introduction During the ripening stage of the Cold War in the first half of the 1960s, John Fitzgerald Kennedy’s foreign policy had been more diplomatic than his predecessor Dwight Eisenhower’s rigid view about the US presence in the world politics. Indeed, the diplomatic essence of the Kennedy Doctrine initially played a crucial role in building up the very premises –“Flexible Response to the International Political Powers”, “Containment of Communism” and “Reversal of Soviet Progress in the West” – of the Kennedy Doctrine. If Kennedy would not have inherited the legacy of the Recession... ? A Critical Analysis of the Kennedy...
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Truman's Doctrine Containing Soviet Expansion
4 pages (1000 words)
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...Doctrine: Containing Soviet Expansion After the end of the Second World War, the allied forces faced various challenges, and conflicts between United States and the USSR, the two wartime allies, started to show up at the very onset of the postwar period. The various issues which were the cause of the differences between the US and the USSR after the Second World War were demilitarization, share of power in conflicting areas and reconstruction of the war affected countries. There were a number of boundary disputes between countries affected by the war, the ideological difference between the US and the USSR only added to the conflicting situation. The relations between Soviet Union... to...
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Roosevelt Corollary and Monroe Doctrine
3 pages (750 words) , Download 2
...Doctrine, the consequences of this, and the 'Big Stick Policy' with reference to American relations with Latin America, the Pacific and Asia. Then predict how Roosevelt's Corollary will affect future US foreign policy. The Monroe Doctrine, so called since it was first articulated in 1823 by President James Monroe, stipulated that European countries should no longer colonize, or in any way interfere, in the affairs of newly independent countries in the American continent. Although the US would be neutral in any war between European countries and their colonies, any action happening on American soil would be viewed as hostile... US Foreign Policy Explain how the Roosevelt Corollary distorted the Monroe...
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The Doctrine Of Insurable Interest
16 pages (4000 words)
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...DOCTRINE OF INSURABLE INTEREST The Doctrine Of Insurable Interest of the of the The Doctrine Of Insurable Interest "Insurable interest" is one of the basic concepts of insurance law. It refers to an insured's interest or concern in the non-occurrence of the event insured against. What it precisely entails is not clear and there is indeed widespread uncertainty as to the necessity and import of insurable interest especially in the context of assurance on the life of another. The concept 'insurable interest' first surfaced in the lex mercatoria of the Middle Ages (Reinecke et al General Principles of Insurance Law (2002) par 102 referring to the work by De Casaregis). At that stage... Running Head: THE...
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The Doctrine Of Judicial Precedent
7 pages (1750 words)
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...Doctrine Of Judicial Precedent Scholars in the legal profession concur in defining legal precedent as sources of the law that involve past decisions by various juries developing the law for use by other judges in future when making decisions on related or similar cases (Law Commission, 2007, p. 21). The British judicial system applies precedence based on stare decisis. The application within the English system developed from Latin including its translations. Loosely, stare decisis means standing by decisions already made (YANG, 2012, p. 12). Stare decisis to offer certainty and fairness in law. Lord Neuberger (2010, p. 14) categorizes them into two: obiter dicta and ratio...
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The Regulation of International Capital Doctrine
5 pages (1250 words)
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...doctrine of fair and equitable treatment is particularly important as, scholars have consistently argued that his doctrine has evolved as the core strength of the legal discourse underlying BITs and is the standard by which investor/state disputes are settled.5 The doctrine of fair and equitable treatment is the standard used to assess the behaviour of host governments in relation to their treatment of foreign investors.6 Even so, a working paper by the Organization for Economic Cooperation and Development on International Investment immediately... Proposed Topic: The Regulation of International Capital movement under Bilateral Investment Treaties: A Critical Analysis Introduction In recent years...
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