Legal Brief Assignment Example | Topics and Well Written Essays - 500 words - 2

Legal Brief - Assignment Example In addition, Sullivan accused four black ministers named in the advertisement of erroneously accusing the police actions on protesters in Alabama. The New York Times said the suit was a way of intimidating new publishing houses, and a way of averting them from exposing unlawful actions of workers in relation to the segregation. Sullivan won the case in the trial court. The famous case of New York Times vs. Sullivan was a cry of the black people about the segregation and liberty of speech. The laws state that ‘A municipal official litigating for libel must attest that the statement in question was made with actual malevolence, rather than ordinary sense of malicious intent’ (Justia.com). Assuming that Sullivan was acting on behalf of the Alabama state and the police department of Alabama, the key issue here is, ‘Does the suing of a newspaper and black ministers who are attempting to end segregation qualify for defamation suit? Additionally, a key issue here is, ‘What constitutes actual malice, and what are the standards of speech freedom or defamation? The court ruled in favor of the New York Times as the Alabama court laws were found to be deficient. This is because there was failure to provide confines to speech defamation and freedom (Justia.com). The United States Supreme Court states clearly that the facts provided by Alabama court, even if presented under the preserve of verbal communication, were still inefficient constitutionally in the case of Sullivan (Packard, 241). The law states’ proof of actual malice was necessary in order for compensation to be honored (Justia.com). There were no dissidents as all the judges were for the ruling in favor of New York Times. The consequences of the United States verdict in favor of New York Times led to new organizations writing and reporting freely about civil rights violations, and the

Independent Contractor or Regular Employee Assignment

Independent Contractor or Regular Employee - Assignment Example Statsky, Robert and Pamela (64) asserts that factors that need to be put into consideration are numerous but the main ones include, but not limited to the one summarized in the table below. An agency can be created by either through authorization by appointment (express authority) or authorization by the principal’s conduct (apparent authority). For the case where one is created through express authority and individual is chosen to act on behalf or for another. Here, there is no specific language used and the words used are adequate to show that an individual wishes to be represented by another. Mostly the mandate is issued verbally or through a resolution by the board of directors (Statsky, Robert and Pamela p 336). On the other hand, apparent authority is where the agent has the authority in cases when the principal, his words or conduct is rational in persuading the third party that the individual is authorized with the duty of binding the principal. Conduct that might include words that make agent not to doubt the principal agreement of them acting as an agent is enough to create an agency. The law finds the conduct of a person consenting knowingly and without objection for another person to be their agent to be an expression of authorization to the agent. This will keep away the possibility of the principal denying the fact that the agent was authorized. Always, the principal is estopped from refuting the agency thereby defending the third party who came into agreement with the agent in good faith (Statsky, Robert and Pamela p 444). Â