Business Law 3rd Edition Sheth And Et All - Solutions

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What is accounting?
What is the best way for the government to deal with pornography on the Internet, and especially the ability of children to access it, without violating peoples’ right to privacy?
In light of the many school shootings and other mass shootings in public places that have occurred in recent years in the United States, how could courts use modes of interpretation that focus on our current culture and morals to decide cases that side with the concept of gun control?What arguments
Find arguments from advocates of gun control and from advocates of the right to bear arms. Look at the statistics cited by each group to support its argument. Which side do you believe has an argument that better comports with the language of the Second Amendment?
Read the United States Flag Code, Chapter 1 of Title 4 of the United States Code. What actions do you believe these rules should apply to? Are there any actions that could be taken against a flag that you believe the Supreme Court would say do not fall under these rules?
If your state allows the death penalty, what methods does it allow? What arguments can be made as to whether each method is cruel and unusual?
What do you believe constitutes cruel and unusual punishment?
Read In re Gault and McKeiver v. Pennsylvania.Compare and contrast them. Why do the Court’s arguments in In re Gault, which allow juveniles to have certain procedural safeguards, not apply to the issue of jury trial, according to McKeiver v. Pennsylvania? Can you reconcile the decisions of the
A defendant is known to many people as “Killa.” That is his nickname, and many people who have grown up with him and known him for a while do not know him by any other name. The defendant is being tried for murder. Some witnesses on the stand refer to him as “Killa” in their testimony, as
Compare the following factual scenario to that in the Sparky example in the “You Be the Judge” in Chapter
Read the cases of Trop v. Dulles and Coker v. Georgia.Research how many countries currently permit the imposition of a death sentence for murder. Can the 442 Supreme Court’s language in the Trop and Coker cases be used to argue that the death penalty should not be permitted in the United States
Assume that you are a defense attorney defending a Hispanic man who sexually assaulted a black teenager. What types of questions would you ask prospective jurors, and what answers would you desire to hear from jurors? What answers would make you want to eliminate potential jurors?What questions do
Do you believe that every defendant in a criminal case should be able to receive bail? What types of crimes should prohibit a defendant from receiving bail at all, if any?
Here are the facts about the lineup in the Gilbert case:59 The lineup occurred on March 26, 1964, after Gilbert had been indicted and had obtained counsel. It was held in an auditorium used for that purpose by the Los Angeles police. Some 10 to 13 prisoners were placed on a lighted stage. The
Read the case of J.E.B. v. Alabama ex rel. T.B., 511 U.S.127 (1994), in which the Supreme Court decided that jurors of a particular sex cannot be excluded from a jury. Then read the case of United States v. Blaylock, 20 F.3d 1458(9th Cir. 1994). Based on the Court’s reasoning in J.E.B., what 388
Are you willing to give up your right to check books out of the library or use your phone in order to fight terrorism? Do you believe the USA Patriot Act, discussed in Chapter 3, is an unnecessary, knee-jerk reaction to the terrorist attacks of September 11, 2001, or a necessary way to combat
Research the topic of hypnosis. What types of limitations do you believe a judge should put on hypnotically recalled testimony? What arguments do attorneys have to argue that hypnotically recalled testimony should or should not be let into court? What types of instructions are jurors given
Consider a recent high-publicity criminal case that was covered heavily by the media. Was the fact finder in that case a jury or a judge? How do you believe the result could have been different if the case had been handled by a jury instead of a judge or a judge instead of a jury? Which of the two
Read the case of Smith v. Phillips.58 Do you believe the prospective juror in that case could have been biased? What would you have argued if you were the defense to argue that the juror was biased? Do you agree with the Court’s decision?
Do you believe that reading suspects their Miranda rights counteracts the interrogation techniques that are discussed in the Miranda case? Why or why not? Do you believe that any of the interrogation techniques discussed in Miranda are likely to result in a false confession?
Because the Supreme Court did not provide any exact wording to be used by police officers when informing suspects of their Miranda rights, can you think of any way to change the standard Miranda clause to make the rights clearer to suspects?
Read People v. Shivers and Yates v. United States, the two Supreme Court cases that deal with a police officer holding a gun on a suspect and the subsequent determination as to whether that action makes the situation “custodial.” Do you agree with the way the Court differentiated these factual
Read the case of Gray v. Netherland,104 and the cases cited therein. Do you agree that when a defendant is “blindsided” at the time of the penalty phase with information was not previously disclosed to him, the ability to cross-examine a witness at the time of the hearing is enough to protect
Do you agree that the concept of double jeopardy is fundamental to our system of ordered justice? Do you agree that how a defendant’s life could be affected if the state could always appeal an acquittal trumps the desire of the state to have a trial free from error in a criminal case?
Do you agree with the different decisions made by the Court in Rhode Island v. Innis and Brewer v. Williams? Do you believe that the two cases should have had two different outcomes? Why or why not? Do you believe that Williams’s mental illness played a part in the Court’s decision? Should it
Do you agree that the defense should have no obligation to provide evidence to the prosecution because the prosecution has the burden of proof to prove that the defendant committed a criminal act? Why or why not?
Considering the numerous recent cases where police departments are being accused of wrongdoing, do you believe courts are now more likely to hold officers accountable for violations of a defendant’s constitutional rights? Or do you think the harmless error rule still allows police and prosecutors
Assume that you are a juror in a criminal case, and that the defendant is on trial for possession of illegal substances.Assume further that the illegal substances were found on the defendant but were suppressed. The substances are then brought in as evidence to demonstrate only that the defendant
Consider the facts of the Mapp case. Now that the Herring case has been decided by the Supreme Court, how do you think the Mapp case would be decided if it came in front of the Court again? What other facts would you need to know about the Mapp case to make this determination?
Can you think of any specific situations where you think the facts are so heinous that evidence should not be excluded from trial, even if an illegal search and seizure takes place?What if a person is pulled over for no reason, but three kidnapped children are found in the back seat of the vehicle,
It appears as though the Supreme Court’s primary concern when establishing the exclusionary rule is the deterrence of police officers. However, many of the cases that the Court has decided that excepts evidence from 266 the exclusionary rule involve a violation of a defendant’s constitutional
Consider the facts from the Rochin v. California case.What other scenarios can you think of that would also“shock the conscience of the court” and lead a court to exclude the evidence on the basis of how it was gathered?
In the Hudson v. Michigan case discussed in this chapter, the Court refused to allow the use of the exclusionary rule when a knock and announce violation takes place. Some have suggested that this decision paved the way for further court decisions that might erode the use of the exclusionary rule.
In the case of People v. Defore,60 Justice Cardozo stated,“The criminal is to go free because the constable has blundered.” Do you believe this is the case today, because of the exclusionary rule? If so, can you justify the use of the exclusionary rule? Consider the costs to society and the
Review the facts and media coverage of any “police brutality” case that ended in a lethal shooting of a suspect.Does a “hindsight” review of the case cause you to come to any different conclusion than putting yourself in the shoes of the officer at the time of the incident?
Consider the facts of the Sokolow case. If any of the facts listed were removed, do you believe the agents would still have been justified in conducting the search?
Consider the Terry stop and frisk guidelines. Do you think that a brand new police officer can make the same decisions as an older officer regarding whether to effectuate a Terry stop and frisk? Do you believe the courts should take into consideration how long an individual has been an officer when
Read the decision of the Supreme Court in United States v. Jones. What do you think will happen in the future in GPS cases? If you were a police chief, how would you tell your officers to implement this ruling?
Do you believe the inadvertency rule should be a requirement for plain view searches? Why or why not?
Read the Chadwick and Edwards cases. Is there a way to reconcile the two decisions in the two cases, which seem to oppose each other?
Research Edward Snowden’s revelations about actions taken by the U.S. government that he argued reflected badly on it.Do you agree with Snowden that these issues should be revealed to the American public? Why or why not?
Since the detainees at Guantánamo Bay have obtained the right to file habeas corpus petitions, many have filed such petitions and been released from custody. One such detainee was the subject of the Supreme Court case discussed above, Lakhdar Boumediene. Research Boumediene’s claims on the
Consider the following questions and statements as they relate to the premises set forth in the Keith case.
Draft a search warrant application based on the following facts, making sure that you provide the reviewing authority with plenty of information regarding why probable cause exists in this case.
Read the case of Adams v. Williams, 407 U.S. 143 (1972).The court approved the stop of a motorist in this case but stated that the tip that allowed the stop might be insufficient under the Aguilar and Spinelli tests, before the Gates “totality of the circumstances” test was used. What prongs of
Read the following cases: United States v. Arnold,60 and United States v. Ickes.61 Identify the arguments made by the government and the plaintiffs in each case. If the issue of the search of electronic items at the border comes before the Supreme Court, which side do you believe will prevail, and
Review the Florida v. Harris case. How did research and various reports made by agencies in the United States and elsewhere influence the Court’s decision? Locate and read one of the studies that are mentioned in the opinion and discuss how this study could support either a majority opinion, a
The Supreme Court has stated that abandoning an item takes it out of the protection of the Fourth Amendment.Have you abandoned your items if you leave them on a table in a public library while you go to a vending machine to purchase a bottle of water?
How do video cameras, such as those installed both inside and outside public establishments, and apps that allow the tracking of someone’s movements and other data (such as driving speed) affect a person’s right to privacy? Should data and video obtained by third parties be readily available to
What do you think Justice Brandeis would say about the many forms of technology that we now have, and whether the government should be able to search this technology to obtain information that is used to prosecute people?
Compare the facts of Florida v. Royer with those of Florida v. Bostik. The Bostik case was remanded to the trial court to determine more facts. In light of the Royer case, how do you think the lower court should have ruled on the case? Compare both cases with the facts of United States v. Sharpe.
Do you think, as the Court did in Griffin v. Wisconsin, that probation officers have the welfare of their clients in mind, and that this justifies probation officers to be able to search a probationer’s home without probable cause? Do you believe the framers intended this result when they drafted
Read the case of United States v. Dunn.59 How would you have decided the case if you were the Court? Can you think of any facts that, if changed slightly, might have made the Court rule for the defendant in that case?
Read the Supreme Court’s ruling in Miller v. Alabama, 567 U.S. 460 (2012), which provides that states cannot mandate a life sentence without the possibility of parole for juveniles who are convicted of murder, and the Court’s decision in Montgomery v. Louisiana, 577 U.S. 190 (2016), stating
Read the following cases: Plessy v. Ferguson, 163 U.S.537 (1986), and Brown v. Board of Education of Topeka, 347 U.S. 483 (1954). In these cases, the Supreme Court went from ruling that “separate but equal” is constitutional to ruling that the concept is unconstitutional.How do you think
How do you think social media has changed our social norms? How could these changes be reflected in the way the Supreme Court interprets the First Amendment?
What issues do you think the Supreme Court will have to decide in the future as technology changes and advances?
On the Internet, find all of the arguments you can from advocates of gun control and advocates of the right to bear arms. What statistics do each group cite that supports its argument? Which side do you believe has an argument that better comports with the language of the Second Amendment?
Read Hurtado v. California, 110 U.S. 516 (1884), the case in which the Supreme Court determined that a right did not need to be incorporated to the states. Do you agree with the Court? Why or why not? Compare this case with one of the cases in which the Court did incorporate a right.
Look at the Innocence Project website, http://www.innocenceproject.org. Review the facts of one of the cases discussed on the website. What constitutional rights were violated against the wrongly convicted person in that case?
Watch a trial or true crime story that involves a trial.Consider the opening statements of both parties. Based on those statements alone, if you were a juror, would you have an opinion one way or another as to whether the defendant is guilty or not guilty? As you consider the testimony that is
According to ESI Act, 1948, an amount of is payable to the dependents or to the person who performs the last rites from day one of entering insurable employment.(i) ` 5,000/- (iii) ` 15,000/-(ii) ` 10,000/- (iv) ` 25,000/-
Under the ESI Act, 1948, temporary disablement benefit at the rate of of wage is payable, as long as the disability continues.(i) 70% (iii) 90%(ii) 80% (iv) 100%
Under the ESI Act, 1948, maternity benefit is payable for a period of .(i) 15 days (iii) 6 months(ii) 3 months (iv) 2 years
Under the ESI Act, 1948, sickness benefit is paid for a maximum period of up to in a year.(i) 45 days (iii) 60 days(ii) 91 days (iv) 78 days
Employees in receipt of a daily average wage up to are exempted from payment of contribution under the ESI Act, 1948.(i) ` 100/- (iii) ` 1,000/-(ii) ` 500/- (iv) ` 1,200/-
Under the ESI Act, 1948, what is the employer′s contribution rate in every wage period?(i) 1.75% (iii) 7.15%(ii) 4.75% (iv) 7.45%
Under the ESI Act, 1948, what is the employee′s contribution rate in every wage period?(i) 1.75% (iii) 7.15%(ii) 4.75% (iv) 7.45%
Who has the primary liability/responsibility to deposit (pay) the contribution of employee as well as employer to the ESI Corporation?(i) The principal employer (iii) The employee(ii) The immediate employer (iv) The permanent employee
The definition of ‘wages’ under the ESI Act, 1948, does not include .(i) cash remuneration paid by the employer(ii) payment for a lockout or strike which is not illegal(iii) payment for additional remuneration not exceeding two months(iv) Contribution paid by the employer to any pension fund or
Principal employer under the ESI Act, 1948, includes .(i) Owner or occupier of the factory or establishment(ii) Legal representative of a deceased owner or occupier(iii) Named manager of the factory or establishment(iv) All of the above
Principal employer under the ESI Act, 1948, includes .(i) Owner of the factory or establishment(ii) Occupier of the factory or establishment(iii) Managing agent of the occupier(iv) All of the above.
Definition of word ‘factory’ under ESI Act, does not include .(i) Mine (iii) Both of the above.(ii) Railway running shed (iv) None of the above.
means an employee who is not liable under this Act to pay the employee′s contribution.(i) Active employee (iii) Passive employee(ii) Exempted employee (iv) Dormant employee
Who is considered dependent of the deceased person under the ESI Act, 1948?(i) A widow of the deceased person(ii) A legitimate or adopted son of the deceased person who has not attained the age of 25 years(iii) Unmarried legitimate or adopted daughter(iv) All of the above.
What happens when the number of employees falls below 10? Can the factory or establishment escape from the application of the ESI Act, 1948?(i) The establishment does not have to apply the provisions of ESI Act, 1948(ii) The factory does not have to apply the provisions of ESI Act, 1948(iii) The
Who has power to make law on the subject matter of ‘employees′ insurance’?(i) Central Government (iii) Insurance department of government(ii) State Government (iv) Both (i) and (ii).
ESI Act is not applicable to(i) small factories where less than 20 workers (iii) factories located in village are employed(ii) seasonable factories (iv) None of the above.
Employees′ State Insurance Act requires contribution by .(i) employer (iii) Either (i) or (ii).(ii) employee (iv) Both (i) and (ii).
The Employees State Insurance Act is a legislation.(i) corporate welfare (iii) insurance oriented(ii) social welfare (iv) None of the above
What is an ESI Court? (Ref. Para-27.6)
Explain about maternity benefit available to a woman employee under ESI Act. (Ref. Para-27.5)
Which benefits are available to an insured person under ESI Act? (Ref. Para-27.5)
Who are required to make contribution under ESI Act? (Ref. Para-27.4)
Who is an insurable employee as per ESI Act? (Ref. Para-27.3)
Define ‘wages’. (Ref. Para-27.2)
Define ‘employee’. (Ref. Para-27.2)
Which establishment can be considered as seasonal factory under ESI Act? (Ref. Para-27.2)
Who is principal employer? (Ref. Para-27.2)
Explain about applicability about ESI Act. (Ref. Para-27.1)
A contribution of a partner to the capital of LLP may be(i) tangible or intangible (iii) Both of the above.(ii) movable or immovable property (iv) None of the above
Any vacancy arising in the office of designated PArtner shall be filled within and the change shall be intimated to the registrar of companies.(i) One month (iii) 60 days(ii) 30 days (iv) 14 days
Who is required to file with the registrar, particulars of every individual who has given his consent to act as designated partner in prescribed form?(i) Partner (iii) LLP(ii) Designated partner (iv) Managing partner.
An individual can become a designated partner in any LLP if(i) he has given his prior consent (iii) Either (a) or (b).(ii) he has obtained a Director Identification (iv) Both (a) and (b).Number.
LLP shall have at least two designated partners who should be .(i) individuals (iii) Both of the above.(ii) a resident in India (iv) None of the above.
Who cannot be partner in LLP?(i) Person found to be of unsound mind.(ii) Person who is an undercharged insolvent(iii) Person who has applied for declaring as insolvent and his application is pending.(iv) Any of the above
Who can be partner of LLP?(i) Any individual (iii) Both of the above.(ii) Body corporate (iv) None of the above.
LLP can be wound up .(i) voluntarily (iii) by order of National Company Law Tribunal.(ii) Either (a) or (b) (iv) Neither (a) nor (b)
LLP is created by .(i) Agreement (iii) Parties(ii) Law (iv) Registrar
Which one of the following is most correct?(i) LLP is not body corporate (iii) LLP is a legal entity(ii) LLP is an entity (iv) LLP is a separate legal entity.

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Business Law 3rd Edition Sheth And Et All - Solutions

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