Ответы на вопросы от автора okim9692 на СтудИзбе

Judy owns a clothing retail store. One of her customers
returns a T-shirt because it doesn't fit her.
Does Judy have to give her customer a different size or a
refund?

Meghan is an interior designer. A supplier installs a gondola
incorrectly and it breaks a month later.
Who must fix the problem?

Common-law legal systems place great value on deciding
cases according to consistent principled rules, so that similar
facts will yield similar and predictable outcomes, and
observance of precedent is the mechanism by which that
goal is attained
What is the guiding principle of Common-law legal systems?
What is the idea behind?

Ben, who is 19 years old, applies for a job as a clerk in a
goods store. The store manager is impressed with Ben's
speaking skills and says that he would like to hire him,
subject to reference checks. Later, the manager calls Ben
and says that he will not be hired. On checking his
references with a former employer, the manager found out
that Ben was convicted of careless driving.
Has the store manager violated Ben's human rights by
refusing to hire him?

Stacy and several of her friends play in a women's hockey
league at the skate rink. Quite frequently, the male rink
attendants don't give them their full allotted ice time. The
attendants make jokes on the women. Stacy thinks that
their rights are violated. She has even complained but the
manager has done nothing and supported men.
Have the rink attendants violated the young women's
human rights?

Imagine that in 2024 you will be president of your country.
What branch will you represent? What will be your powers?

The constitution is the main legal act of the State. It lays
down the formation of a system of society and establishes
the state structure, the order and justification of the idea of
representatives, executive and judicial authorities, the
electoral system, the rights and obligations of the state,
society and citizens.
Can it be argued that any constitution is the constitution of a
state or society exclusively?

The defendant had voluntarily consumed drugs to calm his
nerves. Under the influence of the drugs, he had started
shooting in the cottage in which he had been living, but
claimed to have been unable to remember anything after
taking the drugs. The defendant was convicted of causing
criminal damage being reckless as to whether life would be endangered, following the trial judge's direction to the jury
that self-induced intoxication was not available by way of
defence to a basic intent crime. The defendant appealed.
What is the Court's decision?

The defendant decided to kill his sister. He bought a knife
and a bottle of strong alcohol which he drank to give himself
"Dutch Courage". Then he killed his sister. He subsequently
claimed that he was so drunk that he did not know what he
was doing, or possibly even that the drink had brought on a
latent psychopathic state so that he was insane at the time
of the killing.
What was the Court's decision?

Judy owns a clothing retail store. One of her customers
returns a T-shirt because it doesn't fit her.
Does Judy have to give her customer a different size or a
refund?

You are a lawyer. In Liza's electronics shop in the Russia
Federation Ivan buys an expensive TV-set. Three weeks
after the 12-month manufacturer's warranty expires, the
TV-set stops working.
Must Liza give Ivan a remedy?

Rachel buys a commercial welding machine for her
building business. A few weeks later, it breaks down.
Can Rachel get a remedy from the store he bought it from ?

Analyze the following case:
Therapist sent a third billing notice to a slow-to- pay
client's fax machine in her office but client did not report
to work that day. The bill was titled "psychological
services rendered" and handwritten in large print was
"Third Notice - OVERDUE!!" with client's name. This
notice sat in an open access mail tray of the busy office all
day.
Was is reasonable? Is it allowed to send private material
in suchamanner ?

Mary had therapy sessions. She found out that the
psychologist sent copies of her case notes to the
insurance carrier responsible for reimbursement and that
therapist should not have revealed this information.
Client reported psychologist to the APA Ethics Committee
for violating confidentiality principles. Psychologist
explained to Ethics Committee that any client
understands that their confidentiality may be breached
when using an insurance company for third-party
reimbursement due to administrative and professional
peer review. Nonetheless, psychologist never informed
client of this risk before therapy began, rather, he
assumed client "must understand" the protocol.
Think of the Ethics Committee adjudication.

The distinction between Public and Private Law is a
purely academic debate, nevertheless, it also affects legal
practice. There are areas of law, which may not fit into
distinction of Public or Private Law. Study the following
c a s e :
An employment inspector investigates workplace safety,
checking al the equipment. The inspector investigates
workplace incidents, and conducts workplace inspections
to evaluate compliance.
Decide whether it falls into the category of Public or Private law.

Susan is an Asian-American. She wanted to continue her
studies at a local public college but her application was
rejected. Susan has grounds to suppose that it was
because of her ethnic origin. She filed suit against the college.
What law is applied in such a case?

Meghan is an interior designer. A supplier installs a gondola
incorrectly and it breaks a month later.
Who must fix the problem?

You are a lawyer. In Liza's electronics shop in the Russia
Federation Ivan buys an expensive TV-set. Three weeks
after the 12-month manufacturer's warranty expires, the
TV-set stops working.
Must Liza give Ivan a remedy?

Susan buys a cup of coffee and accidentally spills it at
Kate's bar.
What must Kate do to fix the problem?

Rachel buys a commercial welding machine for her
building business. A few weeks later, it breaks down.
Can Rachel get a remedy from the store he bought it
f r o m ?

Analyze the following case:
Therapist sent a third billing notice to a slow-to- pay
client's fax machine in her office but client did not report
to work that day. The bill was titled "psychological
services rendered" and handwritten in large print was
"Third Notice - OVERDUE!!" with client's name. This
notice sat in an open access mail tray of the busy office all
day.
Was is reasonable? Is it allowed to send private material
in s u c h a m a n n e r ?

Mary had therapy sessions. She found out that the
psychologist sent copies of her case notes to the
insurance carrier responsible for reimbursement and that
therapist should not have revealed this information.
Client reported psychologist to the APA Ethics Committee
for violating confidentiality principles. Psychologist
explained to Ethics Committee that any client
understands that their confidentiality may be breached
when using an insurance company for third-party
reimbursement due to administrative and professional
peer review. Nonetheless, psychologist never informed
client of this risk before therapy began, rather, he
assumed client "must understand" the protocol.
Think of the Ethics Committee adjudication.

The distinction between Public and Private Law is a
purely academic debate, nevertheless, it also affects legal
practice. There are areas of law, which may not fit into
distinction of Public or Private Law. Study the following
c a s e :
An employment inspector investigates workplace safety,
checking al the equipment. The inspector investigates
workplace incidents, and conducts workplace inspections
to evaluate compliance.
Decide whether it falls into the category of Public or
Private law.

Susan is an Asian-American. She wanted to continue her
studies at a local public college but her application was
rejected. Susan has grounds to suppose that it was
because of her ethnic origin. She filed suit against the
college.
What law is applied in such a case?

The defendant decided to kill his sister. He bought a knife
and a bottle of strong alcohol which he drank to give himself
“Dutch Courage”. Then he killed his sister. He subsequently
claimed that he was so drunk that he did not know what he
was doing, or possibly even that the drink had brought on a
latent psychopathic state so that he was insane at the time
of the killing.
What was the Court’s decision?

The defendant had voluntarily consumed drugs to calm his
nerves. Under the influence of the drugs, he had started
shooting in the cottage in which he had been living, but
claimed to have been unable to remember anything after
taking the drugs. The defendant was convicted of causing
criminal damage being reckless as to whether life would beendangered, following the trial judge’s direction to the jury
that self-induced intoxication was not available by way of
defence to a basic intent crime. The defendant appealed.
What is the Court’s decision?

The constitution is the main legal act of the State. It lays
down the formation of a system of society and establishes
the state structure, the order and justification of the idea of
representatives, executive and judicial authorities, the
electoral system, the rights and obligations of the state,
society and citizens.
Can it be argued that any constitution is the constitution of a
state or society exclusively?

Imagine that in 2024 you will be president of your country.
What branch will you represent? What will be your powers?

Stacy and several of her friends play in a women's hockey
league at the skate rink. Quite frequently, the male rink
attendants don’t give them their full allotted ice time. The
attendants make jokes on the women. Stacy thinks that
their rights are violated. She has even complained but the
manager has done nothing and supported men.
Have the rink attendants violated the young women's
human rights?

Ben, who is 19 years old, applies for a job as a clerk in a
goods store. The store manager is impressed with Ben's
speaking skills and says that he would like to hire him,
subject to reference checks. Later, the manager calls Ben
and says that he will not be hired. On checking his
references with a former employer, the manager found out
that Ben was convicted of careless driving.
Has the store manager violated Ben's human rights by
refusing to hire him?

Common-law legal systems place great value on deciding cases according to consistent principled rules, so that similar facts will yield similar and predictable outcomes, and observance of precedent is the mechanism by which that goal is attained.
What is the guiding principle of Common-law legal systems? What is the idea behind?