Explain what separate legal personality means for a company and how the courts interpreted this using relevant case law
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Explain what separate legal personality means for a company and how the courts interpreted this using relevant case law.
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- Analyze the role of the judiciary on administrative agency authority and rulemaking by focusing on how oversight by the courts is a check and balance on administrative agencies.When OTES developed its first online application for university math courses, BD sued both OES and Gone. BD contends that Gone has breached his covenant not to compete, because he is engaging in a competitive business in online learning resources in university-level math and science and that he has proprietary information regarding the development of science and math tutorial programs. BD further contends that OTES is engaging in tortious interference with contract. BD is Gone and OTES deny the claims, and state that Gone has not violated his employment agreement, because they are not engaging in a competitive business with BD. The law in Georgia was recently amended to include the following provisions: A covenant not to compete must be reasonable in terms of time, geographical area, and prohibited activities. A time period longer than 2 years is presumed to be unenforceable. The courts are permitted to blue-pencil (or reform) covenants that are otherwise unenforceable.…Discuss the legislative or rule-making power of administrative agencies.
- In this chapter, we stated that the doctrine of stare decisis "became a cornerstone of the English and American judicial systems." What does stare decisis mean, and why has this doctrine been so fundamental to the development of our legal tradition? Also, what is the name commonly given to our legal tradition, as inherited from the English system?Assume Illinois passes a law requiring doctors to be certified before providing medical services to citizens of Illinois. You represent a client who is licensed to practice medicine in Indiana. Your client recently administered a drug to a patient in an emergency room of an Illinois hospital located right across the border of Indiana and Illinois. She is fined $50,000 and refuses to pay. What constitutional arguments can you make on your client’s behalf as to why this law is unconstitutional as applied to her.Give an example of a statute at the Federal Level and at the State Level. Give an example of an Administrative Agency at the Federal level. Please list the 3 equitable remedies available to someone in a lawsuit.
- Does the concept of judicial interpretation of the law mean that judges can make whatever law they wish? And, how can courts remain flexible, if they are required to follow precedent?Discuss it in the term of... issues law application conclusionsYou own a small business in Baldwin County, Georgia. One of your employees got busted out at Lake Sinclair (county jurisdiction, NOT city) for a first drug violation, which is considered a misdemeanor. Though you do not condone being high the job, you want to be there to support him. (1) What court would he appear in for his arraignment in Baldwin County (identify the court and the name of the judge)?