McDonald's Litigation
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McDonald's Litigation
McDonald's has been involved in a number of lawsuits and other legal cases in the course of the fast food restaurant chain, chain's 70-year history. Many of these have involved trademark issues, but McDonald's has also launched a defamation suit which has been described as "the biggest corporate PR disaster in history". Partnership suits El Salvador In 1996, McDonald's franchise termination, revoked businessman Roberto Bukele's franchise for his restaurants in El Salvador. McDonald's told Bukele the franchise he had operated for 24 years had expired and wouldn't be renewed. Bukele, who had a 1994 agreement that he believed extended the franchise to 2014, refused to close or rebrand his restaurants. McDonald's won in the lower courts, but appellate courts sided with Bukele and eventually in 2012 McDonald's was ordered to pay a $23.9 million judgment to Bukele. Bukele alleged that he never received the $23.9 million judgment and has filed a new demand in court for $21 million in i ...
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McDonald's
McDonald's Corporation is an American Multinational corporation, multinational fast food chain store, chain, founded in 1940 as a restaurant operated by Richard and Maurice McDonald, in San Bernardino, California, United States. They rechristened their business as a hamburger stand, and later turned the company into a Franchising, franchise, with the Golden Arches logo being introduced in 1953 at a location in Phoenix, Arizona. In 1955, Ray Kroc, a businessman, joined the company as a franchise agent and proceeded to purchase the chain from the McDonald brothers. McDonald's had its previous headquarters in Oak Brook, Illinois, but moved its global headquarters to Chicago in June 2018. McDonald's is the world's largest restaurant chain by revenue, serving over 69 million customers daily in over 100 countries in more than 40,000 outlets as of 2021. McDonald's is best known for its hamburgers, cheeseburgers and french fries, although their menus include other items like ch ...
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Cebu City
Cebu City, officially the City of Cebu ( ceb, Dakbayan sa Sugbo; fil, Lungsod ng Cebu; hil, Dakbanwa sang Sugbo), is a 1st class Cities of the Philippines#Legal classification, highly urbanized city in the Central Visayas Regions of the Philippines, region of the Philippines and capital of the Cebu, Cebu Province. According to the 2020 census, it has a population of 964,169 people, making it the sixth-most populated city in the nation and the most populous in the Visayas. It is the regional center of Central Visayas and seat of government of the province of Cebu, but governed separate from the province. The city and its Metro Cebu, metropolitan area exert influence on commerce, trade, industry, education, culture, tourism, and healthcare beyond the region, over the entire Visayas and partly over Mindanao. It is the Philippines' main domestic shipping port and is home to about 80% of the country's domestic shipping companies. Cebu City is bounded on the north by the town o ...
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Cebu
Cebu (; ceb, Sugbo), officially the Province of Cebu ( ceb, Lalawigan sa Sugbo; tl, Lalawigan ng Cebu; hil, Kapuroan sang Sugbo), is a province of the Philippines located in the Central Visayas region, and consists of a main island and 167 surrounding islands and islets. Its capital and largest city is Cebu City, nicknamed "the Queen City of the South", the oldest city and first capital of the Philippines, which is politically independent from the provincial government. The Cebu Metropolitan Area or Metro Cebu is the second largest metropolitan area in the Philippines (after Metro Manila) with Cebu City as the main center of commerce, trade, education and industry in the Visayas. Being one of the most developed provinces in the Philippines, in a decade it has transformed into a global hub for business processing services, tourism, shipping, furniture-making, and heavy industry. Mactan–Cebu International Airport, located on Mactan Island, is the second busiest airport in ...
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Freedom Of Expression
Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The right to freedom of expression has been recognised as a human right in the Universal Declaration of Human Rights and international human rights law by the United Nations. Many countries have constitutional law that protects free speech. Terms like ''free speech'', ''freedom of speech,'' and ''freedom of expression'' are used interchangeably in political discourse. However, in a legal sense, the freedom of expression includes any activity of seeking, receiving, and imparting information or ideas, regardless of the medium used. Article 19 of the UDHR states that "everyone shall have the right to hold opinions without interference" and "everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive, and impart information and ideas of all kinds, ...
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Right To A Fair Trial
A fair trial is a trial which is "conducted fairly, justly, and with procedural regularity by an impartial judge". Various rights associated with a fair trial are explicitly proclaimed in Article 10 of the Universal Declaration of Human Rights, the Sixth Amendment to the United States Constitution, and Article 6 of the European Convention of Human Rights, as well as numerous other constitutions and declarations throughout the world. There is no binding international law that defines what is not a fair trial; for example, the right to a jury trial and other important procedures vary from nation to nation. Definition in international human rights law The right to fair trial is very helpful to explore in numerous declarations which represent customary international law, such as the Universal Declaration of Human Rights (UDHR). Though the UDHR enshrines some fair trial rights, such as the presumption of innocence until the accused is proven guilty, in Articles 6, 7, 8 and 11, the ke ...
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Legal Burden Of Proof
In a legal dispute, one party has the burden of proof to show that they are correct, while the other party had no such burden and is presumed to be correct. The burden of proof requires a party to produce evidence to establish the truth of facts needed to satisfy all the required legal elements of the dispute. The burden of proof is usually on the person who brings a claim in a dispute. It is often associated with the Latin maxim ''semper necessitas probandi incumbit ei qui agit'', a translation of which is: "the necessity of proof always lies with the person who lays charges." In civil suits, for example, the plaintiff bears the burden of proof that the defendant's action or inaction caused injury to the plaintiff, and the defendant bears the burden of proving an affirmative defense. The burden of proof is on the prosecutor for criminal cases, and the defendant is presumed innocent. If the claimant fails to discharge the burden of proof to prove their case, the claim will be ...
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Legal Aid
Legal aid is the provision of assistance to people who are unable to afford legal representation and access to the court system. Legal aid is regarded as central in providing access to justice by ensuring equality before the law, the right to counsel and the right to a fair trial. This article describes the development of legal aid and its principles, primarily as known in Europe, the Commonwealth of Nations and in the United States. Legal aid is essential to guaranteeing equal access to justice for all, as provided for by Article 6.3 of the European Convention on Human Rights regarding criminal law cases. Especially for citizens who do not have sufficient financial means, the provision of legal aid to clients by governments increases the likelihood, within court proceedings, of being assisted by legal professionals for free or at a lower cost, or of receiving financial aid. A number of delivery models for legal aid have emerged, including duty lawyers, community legal clinic ...
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European Court Of Human Rights
The European Court of Human Rights (ECHR or ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights. The court hears applications alleging that a contracting state has breached one or more of the human rights enumerated in the Convention or its optional protocols to which a member state is a party. The European Convention on Human Rights is also referred to by the initials "ECHR". The court is based in Strasbourg, France. An application can be lodged by an individual, a group of individuals, or one or more of the other contracting states. Aside from judgments, the court can also issue advisory opinions. The convention was adopted within the context of the Council of Europe, and all of its 46 member states are contracting parties to the convention. Russia, having been expelled from the Council of Europe as of 16 March 2022, ceased to be a party to the convention with effect from 1 ...
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Libel Laws
Defamation is the act of communicating to a third party false statements about a person, place or thing that results in damage to its reputation. It can be spoken (slander) or written (libel). It constitutes a tort or a crime. The legal definition of defamation and related acts as well as the ways they are dealt with can vary greatly between countries and jurisdictions (what exactly they must consist of, whether they constitute crimes or not, to what extent proving the alleged facts is a valid defence). Defamation laws can encompass a variety of acts: * Insult against a legal person in general * Defamation against a legal person in general * Acts against public officials * Acts against state institutions (e.g., government, ministries, government agencies, armed forces) * Acts against state symbols * Acts against the state itself * Acts against religions (e.g., blasphemy, discrimination) * Acts against the judiciary or legislature (e.g., contempt of court, censure) Hist ...
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Union Busting
Union busting is a range of activities undertaken to disrupt or prevent the formation of trade unions or their attempts to grow their membership in a workplace. Union busting tactics can refer to both legal and illegal activities, and can range anywhere from subtle to violent. Labor laws differ greatly from country to country in both level and type of regulations in respect to their protection of unions, their organizing activities, as well as other aspects. These laws can affect topics such as posting notices, organizing on or off employer property, solicitations, card signing, union dues, picketing, work stoppages, striking and strikebreaking, lockouts, termination of employment, permanent replacements, automatic recognition, derecognition, ballot elections, and employer-controlled trade unions. Article 23 of the Universal Declaration of Human Rights (UDHR) declares that everyone has a right to form and/or join a trade union. The provision is, however, not legally bindi ...
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Fast Food Advertising
Fast food advertising promotes fast food products and utilizes numerous aspects to reach out to the public. Along with automobiles, insurance, retail outlets, and consumer electronics, fast food is among the most heavily advertised sectors of the United States economy; spending over 4.6 billion dollars on advertising in 2012. A 2013 ''Ad Age'' compilation of the 25 largest U.S. advertisers ranked McDonald's as the fourth-largest advertiser (spending US$957,000,000 on measurable advertisements in 2012) and Subway as the nineteenth largest (US$516,000,000). Campaign intentions Fast food advertising campaigns have changed their intent over time. After hearing years of criticism of fast food diet's harmful effects, many modern campaigns stress the availability of healthy options. The rise in awareness of proper nutrition and obesity has decreased the income of these establishments, and their marketing campaigns attempt to rectify this. Target audience Fast food restaurants often ai ...
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