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Business Law Help Please?
Sara Likes To Shop Online At Amazon. One Day She Purchased A Lamp From Amazon. While It Was Being Shipped To Her Via The United States Postal Service, The Mail Truck On Which Her Package With The Lamp Was Traveling Got Into An Accident And All Of The Contents In The Truck Were Destroyed. Is Amazon Required To Replace The Lamp? Make Sure To Fully Explain The Specific Law, And Why Or Why Not.
Generally this requires looking at the contract. If the contract says Amazon is not responsible for goods in transit then no, they are not required to replace it. Amazon probably put something like that in there. The carrier generally is responsible for refunding the delivery cost but not the value of the goods.
If you're looking for the law then this is actually a difficult thing. First, you have to figure out what the forum is going to be and this involves various civil procedure matters. Not only that, you have to figure out what law the forum is going to use. Generally, in contractual matters regarding performance this is the place most relevant to the performance of the contract. However, you can put in the contract what the choice of law and forum selection are going to be and Amazon definitely did this. Pretty much all corporate sellers do. Check out their contracts on the site. What do you have to agree to before buying something? It'll probably say something in it about choice of law.
Once you know Amazon's choice of law, you can look up that state's statutes in regards to commercial agreements. Many states have adopted the Uniform Commercial Code, a framework of laws created by legal organizations but not necessarily adopted by all state legislatures. If the choice of law state did not adopt the UCC then you'll have to look for the state's own statutes on contractual law. If the state has adopted, relevant rules in this case are UCC 2-601 through 2-616. Also, if you look at UCC 2-102, adoption of UCC Article 2 means it does not impair any statutes governing contract law regarding consumers if they are already in place. So you'll have to make sure there are no such statutes. If there are, go there instead.
Court System, Defense Lawyer?
Say Jane Is Going Being Tried For Killing Tom. Does Jane Tell Her Lawyer That She Really Did It? Does She Lie To Him Too? If She Tells The Lawyer The Truth, Does He Have To Report It?
Such a complicated question.
Here are some things to remember. First, the lawyer cannot tell anyone ANYTHING you tell him in confidence except to prevent a violent crime. HOWEVER ...
The lawyer cannot knowingly put on perjured testimony.
Also, remember, that the lawyer's job is to provide the best defense possible ... not necessarily the truth. The prosecutor's job is to put on the most damning evidence possible, not necessarily the truth. Only the jury is charged with finding the truth ... from the two versions presented (which may be neither version provided).
Under these circumstances, the lawyer is looking for evidence that will help provide reasonable doubt to the jury.
Most defense lawyers (including me) do not ask their client if they are guilty, or what happened. They pour over all of the police reports, interview witnesses, and try to find holes in the prosecution's theory.
Why not ask the defendant? Because, usually, the defendant will lie to the lawyer, which just puts the lawyer in a worse position than if he did not ask in the first place. The defendant does not believe that her lawyer will work as hard if the lawyer knows she is guilty (wrong assumption). So she lies, putting the lawyer on the wrong track.
Further, in most cases, the defendant will not testify. The jury WANTS to hear from the defendant, but the jury will usually not believe her. Why? Because most defendants have a criminal record, and besides, juries believe that most defendants will lie to save themselves (and they would not have been arrested if they were not guilty). Anyone who is telling the truth will have inconsistencies in their stories, and if there is even one such inconsistency ,... the jury disbelieves all of them. And if there are no such inconsistencies ... the prosecutor argues that the story is just too perfect.
Then, the defendant, having lied to the lawyer, comes out with a new version (the truth?) Can the lawyer put on this new story? What about his obligation to not put on perjured testimony?
The good lawyer will talk to the client close to the trial, knowing all of the evidence. He will ask very specific questions to determine whether to call the defendnat, and explains how the testimony can effect the outcome .... good or bad.
So, the answer is this ... do not lie to the lawyer. He will not tell anyone what you said. But only answer the lawyer's questions. He wants specific information so he can form his best defense for you. Your version only becomes important if it comes down to you testifying, and if that happens, he will help you understand the implications of each part of your story.
Remember this ... the lawyer is the only person in the entire system who will be fighting just for you. The police do not do this. The prosecutor wants you in jail too. The judge is not on your side, at the very best, he is neutral (but believes you are guilty, because most defendants are). The only person fighting for you ... whether you are innocent or guilty ... is your lawyer.
Signing Bonus Clawback Tax And Legal Implications?
I Received A Signing Bonus With A Clawback If I Left Within The First Year. It Is Sizable And I Had 50-60% Taken Out For Taxes & Ss. How Is That Covered On The W2. Am I Only Obligated To Payback The Amount I Net Received After Taxes? Has Anyone Fought The Payback Requirement And What Is Likely To Happen If I Refuse To Pay It Back?
No, you pay it back on a pre-tax basis.
If you pay it back in the same tax year, your W-2 *might* reflect the lesser amount.
If you pay it back in a different tax year, you have to see how much you paid back. $3000 or less, it's only a schedule A deduction in the 2% section. If it's more than $3000, you can take the excess taxes paid in the earlier year as a "payment" (see IRS publication 525, "repayments.")
PS, 50-60% for taxes isn't a valid range. Federal's top rate is 35%, but an irregular payment is usually at 25%. States usuall toss in 5-7%, city might be 1% and FICA/MC is another 7.65%.
Is There A Forum Where Victims Of Bad Lawyers Discuss Things Like Malpractice And Bar Complaints?
I don't personally know anything about the following website, but it has a forum of which lawyers (and consumers) may give their input. The forum is not as active as "yahoo answers" (and, just an fyi that the url/uniform resource locator is ".com" which usually means "commercial" or for-profit): http://community.lawyers.com/forums/96.a...
There are various consumer sites of which those who believe that they were mistreated, wronged or mislead can post their issues with the professional or business (though, usually anonymously). I'm not saying to do that, but here are a few such websites:
Here is another message board re: legal malpractice (though, it's also not as active as YA, and the url is ".com"): http://www.expertlaw.com/forums/forumdisplay.php?f=82 and the topic is in the "forums" under "accidents and personal injury law" is a "malpractice law" forum.
What Law Dictionary Do Most Law Students Use?
Black's is probably still the standard. Discuss this issue with your law school reference librarian and you may get some useful ideas.
What Is The Importance Of Intellectual Property And Copyright Law?
Now, we can get anything on the internet and people get get the chance to copy and paste a portion or the total of someone else’s work, creation or picture and can use them or sell them anywhere they want to. In this circumstances you'll feel the importance of intellectual property law and copyright law. Thus you may take action if someone do anything in this manner.
The copyright holder controls the following rights: Reproduction, Modification, Distribution and Public Display or Performance.