RE: Our new client Natalie Attired Statement of Facts: May 2009‚ Natalie Attired‚ started working at Biddy’s Tea House and Croissanterie in Truth or Consequences‚ New Mexico. The owner of Biddy’s Tea house‚ Biddy Baker had no employee manual or policy on conduct ever written. June 2010 the Ms. Attired went to work at Biddy’s Tea House with a tattoo sleeve that covered her entire right arm. Ms. Biddy warned that if not removed Ms. Attired would be fired. Ms. Attired refused to do so. Ms. Biddy
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Kelly Armitage May 1st‚ 2013 Memorandum To: Senior Partner From: Racquel Simeon Date: 5/1/2013 ------------------------------------------------- Re: Our new client Natalie Attired; denial of unemployment benefits for alleged misconduct Statement of Facts: Natalie started working at Biddy’s in May of 2009. Natalie Attired worked at Biddy’s for one year when she was fired for getting a sleeve tattoo on her upper right arm. Natalie was fired because Ms. Biddy claimed that she her appearance was
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Rules: Regarding Natalie Attired (our client) terminated for “misconduct” An individual shall be disqualified for and shall not be eligible to receive benefits: If it is determined by the division that the individual has been discharged for misconduct connected with the individual’s employment. Application: **Case 1 - Mitchell v. Lovington Good Samaritan Center‚ Inc.‚ 555 P.2d 696 (N.M. 1976) Zelma Mitchell was a nurse’s aide and was terminated for alleged misconduct with
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should be given to the statutes. ANALYSIS Justice Foster did not believe that the law compels the monstrous conclusion that the defendants were murderers. On the contrary‚ he said it declares them to be innocent of any crime. He rested this conclusion on two independent grounds. He said the defendants are not guilty on both of these grounds independently of each other. The first of these grounds is that the enacted or positive law of this Commonwealth‚ including all of its statutes and precedents‚ is
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Counteranalysis Legal research is not only about discovering how the law applies‚ it is also about determining how strong case is. Using legal research we are analyzing strength and weaknesses of client’s case‚ and using counteranalysis we determine how opponent can use weaknesses against us. In this paper we will establish why counteranalysis is important and why do we use it‚ when we use it and where we can apply it. Analysis is application of law to the case. And when we know what analysis
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Kenya: The Constitution Legislation Delegated Legislation. Statutes of General Application in force in England on 12th August 1897. Substance of Common Law and doctrines of equity. African Customary Law. Islamic Law. Hindu Law. Judicial Precedent (Case Law). INTRODUCTION The term sources of law literally means where rues of law are found. This chapter describes the origins of the rules and principles which constitute the law applicable in a country at a given time. In other words the materials
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legal term used to refer to a. Acquisitive prescription -- the acquisition of right by the lapseof time under the conditions laid down by law ( Article 1106‚ par. 1 )‚ which may be ordinary or extra-ordinary. b. Extinctive prescription (or statute of limitation or limitation of actions)—whereby rights and actions are lost by the lapse of time ( Articles 1106‚ par. 2 and 1139 ). This refers to the timeframe within which an action should be filed in court from thetime the cause of action has
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statutory construction are tools used to ascertain legislative intent. They are not rules of law but mere axioms of experience. Rules of statutory construction help the courts resolve bad cases. Thus‚ where there is ambiguity in the language of a statute‚ courts employ canons of statutory construction to ascertain its true intent and meaning. 4. Statutory Construction in relation to the present structure of government. In our system of government: Legislative power is vested in the Congress of the
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the concepts and institutions of the Western legal tradition influence the colony of New South Wales and‚ ultimately‚ the development of the Australian legal system? The concepts and institutions of the Western legal tradition‚ namely common and statute law‚ the court system and the Bill of Rights‚ influenced the colony of New South Wales‚ and ultimately‚ the development of the Australian legal system to a great extent. Although the concepts and institutions of the Western legal tradition continue
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Federal Circuit Court of Appeals the decision of the Federal District Court was reversed due to issues not applicable here. 46 F.2d 417. In both trials the defendant called upon his wife to testify on his behalf and she was excluded both times on grounds of incompetency. The Federal Circuit Court of Appeals sustained this ruling after both trials. 66 F.2d 70. Issue: What law is applicable to the determination of the competency of the wife of the petitioner as a witness? Decision of the
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