The case we decided to base our law analysis on is about a family in which the dad abuses the children, which causes the son to kill the father as self-defense. This family of four living in Tallahassee, Florida consists of 29 year old mom Lisa Cohen , 31 year old dad David O’Brien, 12 year old son Josh Cohen, and little 4 year old daughter Elizabeth “Lizzy” O’Brien. Lisa and David have been dating and living together in a mobile home for 5 years now. When Lisa had Josh she was 17 therefore she had to drop out of high school and raise her son. Josh’s father is not David and his real father left the picture as soon as Lisa became pregnant. Lisa was on her own because even her family disowned her because they were ashamed that she threw her life away due to making mistakes and getting pregnant at such a young age. When Lisa met David at the bar where she works they began dating and soon their relationship advanced and they had Lizzy. David works the day shift as a mechanic while Lisa stays at home with the kids and when David comes home; Lisa works the night shift as a bartender. Since Lisa works at night, she gets home late and usually finds bruises on Josh the next morning. David would make this an almost daily routine to abuse Josh and soon enough it reached Josh’s boiling point. One day he stabbed David to death as self-defense. Josh and David had never really had a good relationship because Josh wasn’t David’s son and he didn’t feel the love for him as he did for his real daughter, Lizzy. Josh always felt that neglect from David and it soon portrayed in actions when the beatings began. From the perspective of the defendant Josh should be innocent because he was only protecting and defending himself from David’s harsh treatment towards him. Lisa stated that David has always been manipulative and that he would steal the money she would make in tips from work to buy alcohol. The only reason Lisa never complained to anyone about David’s actions was because he provided another source of income for the two kids. In other words, Lisa was scared to confront both the police and David himself about the situation because she was afraid he would stop supporting her financially. Although Lisa was aware of the abusing going on in the house she kept quiet especially because there was no immediate contact available for her to talk to since they all left her. Josh’s teacher at school, Ms. Lynn reported seeing several bruises on parts of Josh’s body. Whenever Ms. Lynn would question Josh about the marks he would always say that he got them from playing outside or he would just make up lies constantly because Lisa would always tell him to not say anything. David would wait until Lisa left to work and he would start drinking and beating Josh up. Josh was not only abused physically by David but also mentally because he became traumatized and he feared the night time because he knew what awaited him. Lizzy would always be in her room while the beating occurred because David never abused her. David always favored Lizzy since she was his actual daughter. In a sense it did affect Lizzy because although she wasn’t physically being abused, she would see how her brother got treated and it would scare her. Coming from a low class family, they didn’t have the best clothes or anything so she would go to school with dirty clothes and not the best hygiene. All in all, neither of the kids were living in a safe environment. There was always hatred between Josh and David and as time evolved it came to a point where Josh was fed up with everything. One night when Lisa came home from work David was really drunk and they started having an altercation so when Josh heard the bickering from his room he looked out his door and saw David shoving Lisa against the wall. In the heat of the moment Josh ran to the kitchen and grabbed a knife from the counter and lunged at David in defense to protect his mom. At that age and in that moment in time Josh was scared and
proportion of caring duties for her younger siblings, 7 year old Milly and 3 year old Sandra. Her elderly mother has been frequently travelling long distance to support them. This raises a variety of issues in relation to welfare. I will explore; statutory law and options available in this case, the roles, responsibilities and rights of those involved and outline social policy which will inform practice.
Initially I would aim to carry out an assessment of the family’s situation. Thompson (2009, p72) recommends…
toward preventing the extinction of species were inadequate and called on the 93rd Congress to develop comprehensive endangered species legislation. Congress responded, and on December 28th, the Endangered Species Act (ESA) of 1973 was signed into law. Prior to the 1973 signing, the United States led 80 nations to sign the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), which monitors, and in some cases, restricts international commerce in plant and animal…
Are Tony and Ulysses entitled to receive more profit share than mentioned in the deed?
Are partners bound to pay liquor supplier $5000 that is more than the stipulated limit to be approved by any individual partner, as per the agreement?
Section 1 of the Partnership Act 1892 (NSW), provides that three elements must be satisfied in order to establish the existence of a partnership. These elements are:
The carrying on of a business;
With a view to profit.
Suggestive: Bring to mind something about a product without describing the product directly…Dairy Queen
Secondary Meaning: descriptive terms, geographis terms, and personal names are not inherently distinctive and don’t receive protection under the law until they acquire a secondary meaning
Generic Terms: terms that refer to an entire class of products (bicycle or computer) receive no protection even if they acquire a secondary meaning
ALSO: if trademark term becomes generic, it gets no protection…
Women’s Progression Through Employment and Labor Laws
The United States of America is known as the land of the free and home of the brave. Americans are privileged to live in a society where there are laws created and continuously enforced to ensure the protection of the citizens’ rights. Law-breakers have consequences and punished for their wrongdoings and not obeying the law. The government is expected and challenged to practice equality in all decisions…
Tort: A breach of legal duty that causes harm or injury to another person. Torts relevant to Employment Law include negligence, defamation, invasion of privacy, infliction of emotional distress, wrongful discharge in violation of public policy
Employment-at-Will: The legal doctrine that allows the employer to terminate employment for cause or for no cause.
Exceptions to employment at will: Implied employment contract: inferred by employer in words or writing, Public Policy: company acted in bad…
Business Law Final Study Guide
Agencytype of working relationship in which one person represent another person in a
business transaction with a third party.
Agency by Estoppelwhen the principal's actions lead the third party to believe that the agent
is working for the principal.
Bilateral Contracta contract that contains two promises: one party promises to do something
in exchange for the others promise to do something else.
Capacitythe legal ability to enter into a contract.…
Business Law Final Exam Review
Remedies at Law vs. Remedies in Equity (specific performance, injunction, recession)
Common Law courts were either courts of law or courts of equity
Courts of law- were to empower only award wronged party’s money or other valuables compensation for their injuries or losses
Courts of Equity_ to award any manner of non-monetary relief such as ordering a person to do something (Injunction-to perform or to stop doing something).
NB- in most of the USA the…
Final Paper Case Study 11
In the Final Paper (Case Study) it speaks to the following case and circumstances. Knarles and Barkley are father and son respectively. Barkley is seventeen years old. They operate a facilities maintenance company that regularly does business in the District of Columbia, Maryland and Virginia. The company is based in Maryland. They have a number of contracts with building owners where they have agreed to provide building maintenance to both residential and commercial…
Law and Corporate Managers – Prof. Larry Franklin
A. (i) For refusal
In order to honor the LC, the Seller has to comply exactly with the terms of the letter of credit. There are numerous typo errors in the LC and misspellings of the destination port and the Seller name, hence only a waiver of the discrepancies from JFTC will enable Bank of China to pay the Seller. As long as the waiver is not received, the BOC cannot make any payments. BOC has to state why it is not going to…