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In 2012 Circuit Court Judge Hub Harrington in a well-documented case regarding private probation [8] [1] characterized the contract between Judicial Correction Services, a private probation company and the Harpersville Municipal Court as an extortion racket which created a debtors' prison condoned by local elected officials. [8] [1]
Probation in criminal law is a period of supervision over an offender, ordered by the court often in lieu of incarceration.In some jurisdictions, the term probation applies only to community sentences (alternatives to incarceration), such as suspended sentences. [1]
In a workplace setting, probation (or a probationary period) is a status given to new employees and trainees of a company, business, or organization. This status allows a supervisor, training official, or manager to evaluate the progress and skills of the newly-hired employee, determine appropriate assignments, and monitor other aspects of the employee such as honesty, reliability, and ...
The promise must be real and unconditional. This doctrine rarely invalidates contracts; it is a fundamental doctrine in contract law that courts should try to enforce contracts whenever possible. Accordingly, courts will often read implied-in-fact or implied-in-law terms into the contract, placing duties on the promisor.
The Four Corners Rule is a legal doctrine that courts use to determine the meaning of a written instrument such as a contract, will, or deed as represented solely by its textual content. The doctrine states that where there is an ambiguity of terms, the Court must rely on the written instrument solely and cannot consider extraneous evidence.
Characterisation, or characterization, in conflict of laws, is the second stage of the procedure to resolve a lawsuit that involves foreign law. The process is described in English law as Characterisation, [1] or classification within the English judgments of the European Court of Justice. [2]
However, the English Court of Appeal sounded a note of caution with regard to the BP case in Philips Electronique Grand Public SA v British Sky Broadcasting Ltd in which the Master of the Rolls described the test as "almost misleading" in its simplicity. [16] Reasonableness and equitableness: The implied term must be reasonable and equitable.
A contract will be formed (assuming the other requirements for a legally binding contract are met) when the parties give objective manifestation of an intent to form the contract. Because offer and acceptance are necessarily intertwined, in California (US), offer and acceptance are analyzed together as subelements of a single element, known ...