Sooner or later, every business needs a legal entity to advise them on their legal rights and responsibilities, represent them in civil or criminal cases, business transactions, and other matters where legal help is essential. A good legal entity might be all it takes to avoid the mistakes that could cause the downfall of a business. And for this reason, choosing the perfect … [Read more...] about How to choose a law firm to represent your business
In the US, there are several Federal and State laws that prohibit discrimination against employees and applicants within a protected class. Protected class or protected groups in the context of employment discrimination means certain groups that are protected by the law against discrimination on the basis of age, sex, national origin, gender, religious beliefs or any other … [Read more...] about Employment Discrimination and Retaliation
The Equal Employment Opportunity Commission The Equal Employment Opportunity Commission or the EEOC is the leading agency in the United States that enforces the laws making it illegal to discriminate against an applicant or an employee on the basis of age, sex, color, race or onme of the various other bases. The EEOC laws cover most of the employers in the United States with … [Read more...] about What laws are enforced by the EEOC?
Age Discrimination in Employment Act of 1967 The main focus of the Age Discrimination in Employment Act (ADEA) of 1967 was to prevent any age based discrimination in employment. The Act appears in the volume 29 of the United States Code at the beginning of section 621. American population is aging fast and the aging population or the baby boomers have been a large and … [Read more...] about Age Discrimination in Employment Act of 1967 and Important Exceptions
List three ways in which groups deal with deviants. Explain why groups feel it is necessary to deal with deviance. Explain why groups occasionally tolerate deviance and identify factors that determine the degree of tolerance exhibited by group members. Groups have several ways of dealing with the deviants. The correctional systems can vary from group to group. The prison … [Read more...] about How groups deal with deviants
Theories in Criminology: From Demonology to Biological Theories of Crime Demonology Crime does not evolve from any single source.There can be several reasons behind a person's criminal behavior or multiple origins of crime. The theorists in criminology have tried to explain these reasons through several theories. From Demonology to the Born Criminal theory, … [Read more...] about Important Theories in criminology
Delinquency and Childhood Abuse Research has highlighted a very important link between delinquency and childhood abuse. However, apart from delinquency, childhood abuse has also been linked with several other negative outcomes. People who have experienced childhood abuse are 5 times more likely than those who have not to be ill with PTSD. The likelihood of being abused again … [Read more...] about Link between Juvenile Delinquency and Childhood abuse
Correctional eras in US Criminal Justice System: From the Penitentiary to the Just Deserts era The penitentiary era marks the beginning of the US correctional system. Since then several eras have passed and the philosophy of the correctional system has kept changing as these eras changed. It is important to have a knowledge of these eras to understand how the US … [Read more...] about American Prison System – Correctional eras
Strict Liability Cases in tort and criminal law Strict liability or liability without fault does not require someone to prove that there was an intent behind the act. It can be proved only by showing that the act has been committed and there is no need to prove mens rea or intent. As per the doctrine of strict liability, the defendant can be held liable even if he … [Read more...] about Strict Liability in Criminal and Tort Law
How does Supreme Court select its cases for hearing? The US Supreme Court chooses its cases selectively. While more than 7000 cases are brought before it for review each year, the court only chooses and decides less than 100 that it considers important. The court is under no obligation to hear each of the cases brought before it. lt chooses them based on some … [Read more...] about How Supreme Court Selects Cases for hearing?
Roe V Wade 1973 (Landmark Supreme Court Case) Roe V Wade marked a turning point not just in the US legal history but also in the history of women's rights. The court's ruling in the case shaped the discussion on abortion, giving it a new direction. However, it did not mark the end of the discussion but just reignited a debate which is yet to find its end. Despite having been … [Read more...] about Roe V Wade 1973 – Landmark decisions by the Supreme Court
Miranda V Arizona (1966) Miranda V Arizona is one of the landmark cases in the history of Supreme Court. Landmark cases are those that have had a major impact on the interpretation of important laws in US. They have proved turning points in the history of law in US. These cases have mainly dealt with unique situations and set precedents to be followed thereafter. Miranda V … [Read more...] about Miranda V Arizona 1966 – Landmark Supreme Court Cases
Landmark Supreme Court Cases : McCulloch V Maryland (1819) McCulloch V Maryland was a landmark case decided by the Supreme Court in 1819 that affirmed the superior status of the Federal government relative to the states. Supreme Court also affirmed Congress’ role and its powers through the case. It reasserted the implied powers of the Congress governed by the … [Read more...] about McCulloch V Maryland
Void for Vagueness Vagueness or ambiguity is an important issue concerning criminal laws. Any such law that is vague or ambiguous leaves a scope for misuse. This topic has been addressed through the use of Void for Vagueness Doctrine. It is a constitutional rule regarding clarity in the criminal laws. The law asserts that the criminal laws should clearly express which … [Read more...] about Void for Vagueness
Age Discrimination in Employment Act of 1967 The Age Discrimination in Employment Act of 1967 is mainly aimed at prohibiting age based discrimination in employment. A large part of the American population is aging. This aging population is a significant part of the American workforce. However, a key problem is that increasingly the aging workforce has found it difficult to … [Read more...] about Age Discrimination in Employment
Voter ID laws: Restrictive or Not There has been a strong debate around the voter id laws. A large section of people and politicians believes that these laws are highly restrictive in nature. As per them, the most likely result of these laws will be the disenfranchisement of a large section of voting public. Indiana was the first state that enacted a voter id law. … [Read more...] about Debate on voter id laws
Exigent Circumstances for Warrantless Searches and Seizures The fourth amendment to the US constitution protects the people of America against warrantless searches and seizures. Though the protection applies to both arrests and seizures, it is applied with less force to arrests. Unless the circumstances are really demanding, a warrantless search would be considered … [Read more...] about Warrantless Searches and Seizures
What are the methods of Alternative Dispute Resolution? ADR … [Read more...] about Alternative Dispute Resolution
Affirmative action Policies: Affirmative or Negative The debate over whether the Affirmative action laws achieved the intended outcome has continued for long. If we are to believe the critics of affirmative action, the laws have achieved anything but equality. The laws have given rise to more discrimination against the minority and the women. Affirmative action laws generated … [Read more...] about Affirmative action Policies: Are the Outcomes Affirmative or Negative
Explain subrogation in an insurance contract. Subrogation in its most common form may be considered as substitution. In simpler words it is the substitution of the insurer to the insured’s rights. The question is ‘why the substitution’. It is because the first party or the insurer has made a payment to the second party or the insured for which (the payment) a third party is … [Read more...] about Subrogation in an insurance contract.
Intentional and Negligent Torts By definition Tort is a civil wrong that can be redressed through award of damages. Law has recognized torts as civil wrongs that become grounds for a lawsuit. These wrongs may result in harm or injury on whose basis the injured party can make a claim. Mainly the tort law aims to provide for the damages that occur due to a wrong and tries to … [Read more...] about Tort:Intentional and Negligent
Vicarious Liability: (Held liable for the employee's conduct) Vicarious liability means indirect liability. It arises in cases where the liability of a person’s actions falls on someone else due to the degree of control he exercises on the person accused of misconduct. In the area of employment, the liability of an employee’s acts may fall on the employer. However, there … [Read more...] about Is your employees’ mistake your liability?
Partnership in Business and Its Types Partnership: Partnership implies shared ownership where two people or more share the ownership of a single business. The partners don't just share the profits and losses of the business but contribute to every aspect of the business, whether it is the money, resources, labor, or even skills. Since a partnership is between two or more … [Read more...] about Business Partnership types and their pros and cons.
What is a sole proprietorship? What are its advantages and disadvantages? Sole proprietorship is the most common form of business. It is also the simplest structure and the one that is the easiest to start, usually requiring no or scarce formal action. The most important feature of a sole proprietorship is that there is no distinction between the business and the owner. Sole … [Read more...] about What is a sole proprietorship? What are its advantages and disadvantages?
Elements in a legally enforcable contract Contracts: Contracts are a very important part of business agreements. Before two parties form an agreement it is essential that they know their duties and benefits well. Each party is required to perform its duty. Contracts are promises that are enforceable by law. Two parties are believed to have contracted if they form a legally … [Read more...] about CONTRACT ELEMENTS