Short Legal Questions - Essay Example

Law: Questions and Answers al Affiliation Short questions Define the term Plaintiff, Defendant, Petitioner and Respondent in US Law system with an example. According to the American constitution, a defendant refers to the individual against whom a legal action has been filed. The term is also used to refer to the accused person in a case or the respondent in the case. A petitioner, also known as the plaintiff, in a civil case, is a person who files a case or claim against the defendant. This person is responsible for initiating the legal claim. For example in domestic violence case filed by a wife against the husband, the defendant or the respondent is the husband, the accused, while the wife is the plaintiff or the petitioner in the case because she is the one who initiates the proceedings. 2. Define Commerce Clause of US Constitution with an example. In the United States constitution, the term commerce clause is used to refer to Article 1, Section 8, and Clause 3 of the U.S. Constitution. This clause gives the Congress power to initiate regulations on the commerce between America and other nations, between states and between America and Indian tribes. This clause has for long been used in a way that the people of America and some interest groups feel that is a show of power by the Congress rather that the application of the law. The clause is used for instant in making regulations on the business that the business community in America is in, between themselves and with other nations. An application of this is the control of oil importation and prices. 3. What is the statute of limitation? Provide an application or example. The statute of limitations is a type of federal or state statute or law that provides restrictions on the time within which the filing of a legal proceeding may be. The statute applies to both civil and criminal cases and is at preventing proceedings that have been shaped and spiced with fraudulent claims especially when the available evidence is not sufficient to allow the case to proceed or in case the evidence is. For example, the time allowed for a convicted criminal to appeal is usually 14 days. Beyond this time, an appeal cannot be filed. This ensures that obscure facts and defense evidence is not with to bring in a new picture of the case. 4. Define Unintentional torts or Negligence with an example or application. A tort in legal terms refers to something that is wrong. It is an act by one person to cause harm to a different person. When this harm is unintended, then the act becomes known as unintentional tort or negligence. This means that the harm was caused through actions that resulted from negligence or unreasonable act, but the harm was intended. For example, if driving past a truck loaded with bricks and one brick fall from the truck and cause considerable damage to the car, then the person can file a lawsuit against the owner of the truck. This will be considered as a case of unintentional tort because it is based on negligence. 5. Define Money laundering with an example. Money laundering is a phrase used to refer to financial transactions that are at hiding the identity of the source and destination of the money. In this case, the transaction is considered illicit. Money laundering occurs in three stages; first, there is the source of the money who illegally places it on the hands of the launderer. The launderer then transfers the money through a complex scheme aimed at obscuring the identity of the source. The money then lands on the hands of the destination person. Tax evasion through a complex scheme that a company may use to demand cash payments from their customers is an example of money laundering. 6. Define corporate citizenship with an example. Corporate citizenship refers to the extent to which a company or business is responsible for meeting the legal, social and ethical demands placed on them by the shareholders and the community. The law recognizes it as a mandate of any business to improve the quality of life of the communities within which they operate and the people with whom they relate. For example, it is a corporate citizenship responsibility of business situated in a slum area to provide social amenities and utilities to the community thereby improving their lives while still maintaining a profit for the shareholders. The community can sue the business if no efforts are made to improve their living standards. 7. Difference between Bilateral and Unilateral Contracts with examples The common categorization of contracts is bilateral and unilateral. A bilateral contract refers to a contract agreement in which all the parties identified in the contract have something to promise. All the parties, therefore, have a responsibility and promise to keep. It is the more common of the two. A sales contract is an example of a bilateral contract. The buyer promises to pay a certain amount of money for an item, and the seller promises to deliver the item to the buyer. In unilateral contracts, only one of the parties involved makes a promise. A reward contract is an example of a unilateral contract. If a politician promises a football team a certain amount of money if they win, the politician makes a promise that if the conditions are he has to keep. The team however is not obliged to win. 8. Define unconscionable Contract with example. In legal terms, an unconscionable type of contact is that which is one sided. This type of contract is unfair to one party and is, therefore, neither acceptable nor enforceable. One of the parties that enter an unconscionable contract has no real choice due to differences in the playing levels of the parties. One party has a higher bargaining power that the other. An unconscionable contract is as voidable. When a customer is compelled to purchase an article by a seller under duress or threats, whether physical or otherwise, the contract is as unconscionable and is void. Any claim of breach is not legally acceptable. 9. Identify performance and breach of contract with example. A contract is an agreement between two or more parties. The parties enter into an agreement in order to perform an activity that has benefits to them all. However, each or the parties is responsible for some form of action that they all must promise to fulfill. When the parties make the promises, the contract is said to have performed. The fulfillment of the promised by a party is the performance of the contract. If a party to the contract fails to keep the promise, the party is said to have breached the contract. In a sales agreement, the seller and the buyer agree on the terms of the transaction, the seller to deliver the item and the buyer to pay. If they both comply, then the contract is performed. If, for instance, the buyer fails to hand in the money after the delivery, the buyer is said to have breached the contract. 10. Define Statue of Fraud with an example. The statute of frauds is a state law that requires certain types of legal contracts to be in writing. This law is applied to control the contract activities by preventing the possibility of contracts and agreements that do not exist in the real sense. Every contract must be in writing for it to be considered legally acceptable. Unwritten contract does not exist. This statute is when a plaintiff demands settlement due to a breach of a contract with the defendant. If the defendant proves that the contract was written, and no legal documents are available to prove the existence of the contract, then the defendant is not liable for breach. 11. Describe the express warranties with example. When most items are, they are covered with a warranty even when not so stated. An express warranty is a warranty that is stated clearly on the item being purchased. In other words, it is the expressed warranty. An expression of warranty can either be or verbal and is a guarantee that the item will meet the expected level of quality, durability and reliability. If the item fails to deliver as such, the seller should replace or repair the item at no cost on the purchaser. If a mobile phone handset is with an indicated warranty of two years, this means that under normal use, the handset should perform as new fro this period. The manufacturer or the supplier should replace the item if this is not. Reference Cheeseman, H. R. (2005). Essentials of business and online commerce law: Legal, e-commerce, ethical and global environments. Upper Saddle River, N.J: Pearson Prentice Hall. Read More