The law on confidentiality and restrictive covenants are in place to ensure that employer’s business interests are protected. Employers may rely on mechanisms such as the confidentiality clauses and restrictive covenants to protect their businesses from damaging competition, disclosure of trade secrets and confidential information. The objective of these provisions is to avoid employees from abusing they employer’s business interests when the employment has come to end. The degree of protection provided to employers differs if the employee has ended the contract of employment. The implied duty of fidelity protects business interests and imposes a obligation employee must not disclose any information or trade secrets of their employers business.
An corporations liability is limited to its assects, so the owner or the shareholders are protected from personal claims unless they commit fraud. Now because Tom did not follow the law of an incorporation by having corporate minutes his company has commited fraud. The court will see a case of fraud and In my opinion will lose the
3. Parties are provided with the right to an attorney. Unlike a criminal case an attorney cannot be appointed; however, parties are afforded the opportunity to seek council on their own behalf. 4. The right to present evidence ensures that parties will receive a fair judgment pertaining to the facts surrounding the case.
“But what he seeks to keep as private, even in an area accessible to the public may be constitutionally protected” ~ Justice Potter Stewert (Katz vs. United States). Now don’t get me wrong, because at no point am I saying that what DLK was doing was “right”. However, DLK obviously “expected to keep what he was doing as private”. Therefore, the law enforcement should have gotten a search warrant from a judge prior to searching DLK’s home. I believe many of you would argue that the law enforcement didn’t need to get a search warrant in order to search DLK’s house, because DLK could easily destroy the evidence.
The courts can intervene when needed to make decisions when issues arise concerning rendered services. The UCC promotes commercial efficiency by providing standardized procedures and rules for the sale of goods or tangible items by merchants. This concept was a foundational cornerstone in realizing there are laws available in the United States that protect both merchants and consumers. The UCC intervenes when merchants do not have formal contracts in place or when the contract can not be fulfilled without a legal and valid reason. This is known as a breach of contract.
Describe criminal prosecution and civil remedies for constitutional rights violations. ● Police can be held criminally liable, as well. For instance, both state and federal law enforcement officers can be held criminally liable for violating certain federal laws. Officers are also bound by the criminal law at the state level. They may, of course, be permitted to engage in certain authorized conduct that would be a crime if committed by regular citizens (such as the use of deadly force in appropriate circumstances).
Court History and Purpose 1 Court and Its Purpose The judicial system interprets and applies the law through a system of courts, each with a specific position and function. The judicial system serves a very important purpose in interpreting the law. Its purposes is to fairly administer justice, protect rights and liberties, settle disputes, and interpret the Constitution. The three main functions of courts are upholding the law, protecting individuals, and resolving disputes. (Siegel, Schmalleger, & Worrall, 2011).
An example is when the Miranda Doctrine is not observed upon arresting, the right of self-incrimination may be invoked so as for the evidences against the defense be inadmissible. In order for the Miranda Doctrine to be validly executed, such must be stated in the presence of the counsel for the defense. Such doctrine may be waived, but must be made with utmost knowledge of its consequences (Israel et al, 1993). Although both Fifth and Sixth Amendments embody significant rights for the citizens, it still has differences, one of which is that pertaining to the inquiries pertaining to the case is not allowed in the Fifth Amendment. The Sixth amendment protects the accused upon the case against him.
The Fourth Amendment allows the people certain protections, which allows a people to “be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” (Find Law. Fourth Amendment) So before an officer can search you, or your home they must have probable cause and have a warrant in hand or risk any evidence being collected useless during trial. The Fifth Amendment allows helps protect the person being arrested by allowing them to remain silent, in return protecting them from incriminating themselves. When being arrested, by law the officer reads the person their Miranda Rights, which includes remaining silent, contacting or providing a lawyer, and also protecting from being tried twice for the same crime which comes under the protection of Due Process. The Sixth Amendment allows the right to a speedy and public trial allowing them to stand trial in the district they committed the crime and allowing confrontation from witnesses and those who could help assist the defense.
Amendment 8 There are many reasons why Americans have many rights that protect them, and the Eight Amendment is another example of that. The Eight amendment states that “Excessive bail shall not be required” (The Constitution of the United States), which means that when a person commits a crime they don’t have to pay an excessive bail. So if u did a small crime you don’t have to pay a lot. In the Eight Amendment it also says that no cruel and unusual punishment would be given to one person. This means if someone is charged with a crime they cannot punish them cruelly, like using electric chairs or gas chambers (The Constitution of the United States).