In jamaicas jurisdiction explain the elements in Criminal Law that must be proven for a person to be convicted
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In jamaicas jurisdiction explain the elements in Criminal Law that must be proven for a person to be convicted
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- The competent governing body of the International Body Building Federation imposes a suspension against a Bahamian Athlete for having committed an anti-doping rule violation. The Bahamian Athlete challenges this sanction before the Court of Arbitration for Sport (CAS). The International Body Building Federation is of the view that the power of the CAS panel to review the sanction is limited and that the sanction can only be challenged if it is arbitrary. During the proceedings before CAS, the International Body Building Federation nominates an arbitrator (Mr. Overton) who recently made very negative public remarks about athletes from the Bahamas. In recent Instagram posts, Mr. Overton. stated that all athletes from Bahamas are "probably cheaters" and that "it is known that in the Bahamas, every athlete takes doping". The Bahamian Athlete is not successful, Mr. Overton. remains as arbitrator in this case. The CAS panel is formally constituted, the CAS proceedings continue, and a CAS…Eric, a resident of Georgia, sued Terrance, a resident of Texas, in the federal court in California. He sought $60,000 damages for personal injuries arising from an automobile accident that occurred in Los Angeles, California. Does the federal court have jurisdiction? Why or why not?In relation to the Administration of Justice, list the courts in Botswana from the highest to the lowest [excluding customary courts.
- Webster v. Blue Ship Tearoom. Can you think of other situations today for which this case might serve as legal precedent? PRISCILLA D. WEBSTER V. BLUE SHIP TEA ROOM, INC. SUPREME JUDICIAL COURT OF MASSACHUSETTS FACTS: Priscilla Webster, a restaurant patron who ordered seafood chowder and choked on a fishbone, brought this case. She maintained that she would not have reasonably expected to find a bone in the chowder. As a result of the bone in the chowder, Webster suffered through several hospital procedures to remove the bone, at considerable cost and pain. At the trial, a jury found for Webster. The Blue Ship Tea Room, the defendant, appealed the case on the basis of the legal interpretation of the implied warranty of merchantability. The appellate decision has become a classic in American jurisprudential reasoning. REASONING: The court, in great detail, discussed the rich culinary history of New England seafood chowders. In going through the details of exactly how good chowder is…Pablo, a resident of New Mexico, while driving through Arizona, was struck by an SUV driven by Derek, a resident of California. Derek was speeding when the accident happened, and Pablo suffered severe injuries that ruined a potential acting career. Pablo's damages are estimated at $200,000. What type of case is this?A statute requiring railroads to fence their tracks is construed as intended solely to prevent animals that stray onto the right-of-way from being hit by trains. B&A Railroad Company fails to fence its tracks. Two of Calvin’s cows wander onto the track. Nellie is hit by a train. Elsie is poisoned by weeds growing beside the track. For which cow(s), if any, is B&A Railroad Company liable to Calvin? Why?
- James W. Newton, Jr., is an accomplished avant-garde jazz composer and flutist. Newton wrote a composition for the song “Choir,” a piece for flute and voice that incorporated elements of African American gospel music. Newton owns the copyright to the composition “Choir.” The Beastie Boys, a rap and hip-hop group, used six seconds of Newton’s “Choir” composition in their song “Pass the Mic” without obtaining a license from Newton to do so. Newton sued the Beastie Boys for copyright infringement. The Beastie Boys defended, arguing that their use of six seconds of Newton’s song was de minimis and therefore fair use. Does the incorporation of a short segment of a copyrighted musical composition into a new musical recording constitute fair use, or is it copyright infringement? Explain your answer.Mildred and Richard Loving purchased a home in Inkster. At the time, there was a gravel pit across the street. Five years later, Wayne County converted the pit to a landfill. Under the county’s operation, the landfill accepted major appliances, household garbage, spilled grain, grass clippings, straw, manure, animal carcasses, containers with hazardous content warnings, leaking car batteries, and waste oil, among other things. The deposits were often left uncovered, attracting insects and other scavengers and contaminating the groundwater. Fires broke out, including at least one started by an intruder who entered the property through an unlocked gate. The Lovings complained but no changes were made. They then sued Wayne County and the State of Michigan, alleging violations of federal environmental laws. Those laws were designed to minimize the risks of injuries from fires, scavengers, groundwater contamination, and other pollution dangers. Did the Lovings have standing to sue? a.…In order to police the profession, the state legislature has just passed a law permitting the State Plumbers’ Association the power to hold hearings to determine whether a particular plumber has violated the plumbing code of ethics, written by the association. Sam, a plumber, objects to the convening of a hearing when he is accused by Roger, a fellow plumber, of acting unethically by soliciting business from Roger’s customers. Sam goes to court, seeking to enjoin the association’s disciplinary committee from holding the hearing. What is the result? How would you argue Sam’s case? The association’s case? Note:- Do not provide handwritten solution. Maintain accuracy and quality in your answer. Take care of plagiarism. Answer completely. You will get up vote for sure.
