Tuesday, April 12, 2011

The Marriage Contract

Your Law textbook describes some of the marriage rules in Muslim Cultures(p.207). For this blog, do some research on the rules of the marriage contract in another culture. Briefly describe some similarity and differences of their legal rules as compared to our culture.
*You may respond to another post or create your own*

Wednesday, March 23, 2011

caveat emptor vs. caveat venditor


Caveat emptor: When a sale is subject to this warning the purchaser assumes the risk that the product might be either defective or unsuitable to his or her needs.

This rule is not designed to shield sellers who engage in Fraud or bad faith dealing by making false or misleading representations about the quality or condition of a particular product. It merely summarizes the concept that a purchaser must examine, judge, and test a product considered for purchase himself or herself.

The modern trend in laws protecting consumers, however, has minimized the importance of this rule. Although the buyer is still required to make a reasonable inspection of goods upon purchase, increased responsibilities have been placed upon the seller, and the doctrine of caveat venditor (Latin for "let the seller beware") has become more prevalent. Generally, there is a legal presumption that a seller makes certain warranties unless the buyer and the seller agree otherwise. One such Warranty is the Implied Warranty of merchantability. If a person buys soap, for example, there is an implied warranty that it will clean; if a person buys skis, there is an implied warranty that they will be safe to use on the slopes.

A seller who is in the business of regularly selling a particular type of goods has still greater responsibilities in dealing with an average customer. A person purchasing antiques from an antique dealer, or jewelry from a jeweler, is justified in his or her reliance on the expertise of the seller.

Which law are you more in favor of Caveat Emptor or Caveat Venditor? Should the seller be responsible for doing their homework and inspections when purchasing a product? Or should the seller be responsible for fully disclosing all the information they have about a product they are selling? Explain your answer.


Source:http://legal-dictionary.thefreedictionary.com/

Tuesday, March 8, 2011

Our Legal System

You have just completed your unit study on the legal systems and criminal law of the United States. Give some insights on why our justice system today isn't as effective or harsh as thousands of years ago? It seems like we have so many repeating crimes now compared to the early Babylonian times. If our law system is more assertive as Hammurabi's Code, do you think our society would be more orderly and controlled?
Why do you think we've become more lenient over the years?

If you are unfamiliar with Hammurabi Law Code, please click on the Wikipedia link to read more.

Thursday, February 24, 2011

Due Process of the Law

An important and valued goal in our society is preserving and protecting the
individual liberties that are found in the first eight amendments to the United States Constitution. Some of these highly valued rights are: the right to a speedy and public trial by an impartial jury; the protection against unreasonable searches and seizures; the freedoms from being tried twice for the same crime; and
the protection against self-incrimination.
Is it possible to effectively control crime in our society while at the same time protect the individual rights of the people from infringement by the government? Which side do you take: "The most important concern is that society must be made safer and criminals must go to jail" or "It is better that a guilty person occasionally remains free from going to jail than for individual rights to be eroded."

Wednesday, February 16, 2011

Police officers and the law

Many times I am driving on 283 doing the speed limit. In the other lane a police officer will speed past me doing way over the speed limit. Very rarely do I ever see them in the right lane on a highway. I also seem them doing several other acts that would constitute a wrong against a citizen. Such as, parking in handicap spaces and fire hazards, not paying for their food and not obeying traffic laws. Do you believe that police officers should be allowed to do this? Are they above of the law? Take into this statement from a Long Island Police Department: in case the car stopped for a traffic violation happens to be that of a police officer, “you don’t summons another cop”. “It has been union policy to discourage Suffolk police officers from issuing tickets to fellow officers, regardless of where they work. ‘Police officers have discretion whenever they stop anyone, but they should particularly extend that courtesy in the case of other police officers and their families,’ Frayler said …. ‘It is a professional courtesy.’”

Friday, January 28, 2011

Blog_Juvenile Records

When an adult is found guilty of a crime, he is convicted and his conviction becomes part of his permanent record. When a juvenile is found guilty of committing a crime, he is adjudicated delinquent and his record is sealed (except under extraordinary circumstances). Once he becomes an adult, his juvenile delinquency record disappears. When an adult is sentenced to jail or prison, he has to serve his sentence until it is completed, no matter how old he becomes. When a juvenile is sentenced to a juvenile detention facility, he must be released by his 21st birthday, no matter what crime he has committed. Do you think this is fair? Why or Why not?