In the case of Hopital Notre-Dame de l’Esperance et Theoret v. Laurent, the court specifically focused on the control test in identifying the employment status of a surgeon at the Notre-Dame Hospital. The court emphasized that the degree of control is essential in this classification, and put great importance on giving orders regarding how a worker performs his job. The honorable stated “the essential criterion of employer-employee relations is the right to give order and instructions to the employee regarding the manner in whichway to carry out his work” (p. 613). Since Uber is not in a position to be able of giving orders to its drivers, the workers cannot be classified as employees. The above case took place in Quebec which is governed with the Law …show more content…
This section of the contract allows workers to have other jobs or priorities, which makes them none exclusive to the company. Many of the workers enjoy this flexibility and provide transportation services on the side as a “side-job”. Uber has a vast number of drivers around the world because it gifts them with great flexibility. This is one of the reasons why Uber has become a giant profit making company in the world while they have been only around for less than a decade. More importantly, regarding the second Criteria of the Doyle Test, the drivers’ agreement specifies “you,(the driver), retain the sole right to determine when, where, and for how long you will utilize the Driver App or the Uber Services” (section 2.4). This section clarifies the discretion of the workers on conducting their business. Uber provides its workers with flexibility to regarding when to work, who to provide a service to, and how to provide such service. Therefore, based on the control Criteria of the Doyle Test, Uber drivers must be classified as independent
Problem 143 The issue is whether Johnson was discharged by the alteration of the check and what reply should the bank’s attorney make. UCC §§3-115, 3-407, 3-406, and 4-401(d), addressed the alteration of instruments, whether an instrument is properly payable, the issue of discharge, negligence of an altered instrument and the good faith rule. It also addressed which party is liable when an instrument is altered and when is the bank is responsible to re-credit an account. Specifically, for this issue, I will use UCC §4-401 (d): A bank that in good faith makes payment to a holder may charge the indicated account of its customer according to: (1) the original terms of the altered item; or (2) the terms of the completed item, even though the bank knows the item has been completed un- less the bank has notice that the completion was improper.
On Friday July 29,2016, at approximately 2:30 pm, Security Counselor Patrick Johnson of the inspire Nola Charter School Association Security Department, currently assigned to Edna Karr High School , Located at 3332 Huntlee Dr, in new Orleans Louisiana, 70131,had an occasion to investigate the misplacement of a laptop cart containing multiple laptops. S/C Johnson offers the following report. On Friday July 29,2016 at approximately 12:00pm Mr. Chris Reed a teacher at Edna Karr High school discovered a cart containing multiple laptops next to the trash dumpster. Mr. Reed brought the cart back into the school and reported his findings to head of school Harold Clay.
Did the Delaney Jackson family attend church services, that is unknown. However, their contributions of treasure and sweat equity to the AME church, the cemetery directly behind the church, the original parsonage which burned many years ago, and the building of the Poplar Hill School the imprint of their contribution is there. Land left to the “African Church” in the last will and testament of Mrs. Medora Butler was 16th Section Land.
As Lawyer Farrington said, Lou Dempsey was accused of illegally selling alcohol to the minor, Eric Howe. Mr. Dempsey failed to meet his responsibilities of asking for identification and anticipating violence and/or accidents caused from alcohol. The amount of alcohol that was given to Mr. Howe, allowed each member attending the party to dissipate their sobriety after drinking four standard cups.
Athletic Director Bob Marcus has quite the challenge in allocating the athletic department funds appropriately throughout all the programs within Oakbend Senior High School. After critically analyzing the case study it was quite clear some sports such as football and girls basketball received much more funding compared to other sports such as cross country and track and field. Throughout this case brief an effective solution that is both fair and in line with the districts mission will be expanded on to assist Bob Marcus is making the necessary budget cuts to provide a successful athletic program in the future. Marcus needs to cut about $80,000 from the previous budget plan to accommodate the funding cuts made by the school.
1. Title and Citation Vance v. Ball State Univ. 570 U.S. ___ (2013)
Case Summary Part 1 The prosecution is legally bound to disclose to the defense evidence that is favorable to the defendant. Three examples of the prosecutor’s obligations to disclose evidence are Brady v. Maryland, 373 U.S. 83 (1963), Giglio v. United States, 405 U.S. 150 (1972), and United States v. Agurs, 427 U.S. 97 (1976). According to Rule 3.8, “the prosecutor must make timely disclosure to the defense of all evidence or information known to the prosecutor that tends to negate the guilt of the accused or mitigates the offense, and, in connection with sentencing, disclose to the defense and to the tribunal all unprivileged mitigating information known to the prosecutor, except when the prosecutor is relieved of this responsibility by
The Fourth Amendment draws a line at the entrance of a home. In order for an officer to enter into a home, they must first obtain a warrant. While this is the easiest way to enter into a home, there are exceptions to the necessity of a warrant. An officer does not need a warrant when there is consent, it involves a vehicle, at incident to arrest, containers, or it is an emergency. This case is considered an emergency.
Stanford v. Kentucky Stanford vs Kentucky is a supreme court case that caused major controversy. This court case was argued on March twenty-seventh of 1989 but was not decided until June twenty-sixth of 1989. This court case is based on a murder trial that was committed by Kevin Stanford in Kentucky. The court cases No. is 87-5765. This trial was difficult because the killer was only seventeen years old.
Larry Nassar On January 24, 2018 Larry Nassar was sentenced 40 to 175 years in a state prison. He pled guilty to the sexual assault of minors, and has been convicted as a child molester. Nassar was the USA Gymnastics national team doctor and a physician at Michigan State University.
Stanford V. Kentucky The juvenile justice system has had many famous court cases, such as Kent V. United States, Breed V. Jones, Eddings V. Oklahoma and many more. There comes times when the supreme court comes across very difficult decisions. The one court case that stands out from the rest is Stanford V. Kentucky. This court case was brought to light around June,1989, and the end result was the minimum age for the death penalty was set at 16 years old.
Larry Nassar was accused of sexually abusing over a hundred women during the time he was a physician with USA Gymnastics and Michigan State University (Dator 1). On January 24, 2018, Nassar was sentenced to 40 to 175 years in prison. He plead guilty to 7 counts of sexual assault and also for possessing thousands of images of child pornography (Winowiecki et al. 1). Many girls have come forward over the years and told different people, but it was never taken seriously. Michigan State University and USAG association failed to protect the girls by not reporting the many claims of sexual abuse against Larry Nassar.
The case of Florida versus Jardines was heard before the Supreme Court on October 31, 2012 and a decision was made on March 26, 2013. The Supreme Court ruled in favor of Jardines. This case challenged the fundamental core of the Fourth Amendment, which protects against unreasonable search and seizure. The ruling of this case has impacted how law officials handle searches and the use of drug dogs. This case also challenged the boundary line of where personal property starts.
Facts of the Case: Monte Durham has an extensive history of imprisonment due to breaking the law and hospitalization due to mental illness after every conviction. In every case, he was deemed of having an unsound mind. After 15 months of treatment, in one particular case, Durham was discharged from the mental hospital and returned to jail to serve the remainder of his sentence. After his release, Durham received a warrant for parole violation and fled the area. He was arrested again for bad checks.
State Government is not Stable & powerful to autonomously support Driverless Cars. 3. Central Government is not in favor of Driverless vehicles as it aggravates unemployment. 4. Driver’s Trade Union which has strong influence on Government decisions are now against AV’s.