Law Essays

Generally speaking, the employment relationship is the outcome of employment. However, no specific legislation provides an exact or explicit definition of the term employment relationship. This necessitates recourse to a number of principles that are based on the common law meaning of this relationship.

Feminist jurisprudence criticizes the law’s omission of a bias against women’s concerns, offering its insights as a supplement and corrective. Simple inclusion, is not, however, the primary goal of feminist jurisprudence. As a discipline, in England, it was developed at a much later stage, with scholars arguing that it was not taken seriously in traditional jurisprudence courses.

This work deals with the examination of whether universal jurisdiction and State sovereignty are compatible with each other. In this regard, both these terms were described, and several incidents evidencing their importance were taken up for discussion.  Finally, the conclusion that universal jurisdiction is subservient to State sovereignty was arrived at. 

Concerns relating to power and status pertain to the realm of retributive justice; whereas, concerns regarding shared values principally relate to restorative justice. It is important to realize that this process is critically dependent on the understanding that the involved parties entertain regarding their identity relation (Wenzel, Okimoto, Feather, & Platow, 2008, p. 375).

Most of the crimes recorded in different neighborhoods have, allegedly by default, been associated with men. Meanwhile, cultures had confined women as the weaker sex, especially in the event where major household decisions (Doepke 2008). There were existing paradigms that women were not supposed to carry out administrative duties in society (Karabekir 2004).

The administrative law reforms include the establishment of a universal appeals tribunal to assess some administrative decisions on their value, the appointment of a Commonwealth ombudsman, the ratification of freedom of information legislation in addition to the establishment of an advisory body for monitoring the new system of administrative law.

The established legislation for dealing with this kind of assault is lacking and does not adequately ensure that justice is served for these victims. As a result, there is a need to establish legislation for ensuring that there is no prevention of the sense of justice for the offender and the rest of society.

Pak had set its prices to hurt other companies. This will result from selling below the production prices thus earning losses. The commission confirmed the charges because it was proved that the company was earning losses. To the commission, such pricing was aimed at limiting competition and pushing competitors out of the market.

Intellectual property laws in Australia are aimed at protecting the authors and copyright holders so that infringement of their works does not take place. The Copyright laws in Australia are closely related to the British copyright laws. The Australian Copyright Act 1968 defines the enforceable rights of the creators of creative and artistic works.

Land is the most natural resource that works to promote the development and growth of all natural resources. The reason behind this is that land is very well connected with all the other natural resources in such a way that they supplement each other’s productivity. The land's surface and its subsurface promote economic growth as a result of the development of different projects.

A tort is a branch of private law that makes it possible for a victim of a certain wrong to seek a remedy from the individual who caused him or her injury. Unlike a criminal case, which is managed and initiated by the state, a tort is initiated by the victim or the survivors. Additionally, successful tort cases will usually have consequences in a judgment of liability and not a punishment such as a jail term.

The significant problem that was found and expected by all analysts in different studies was the uneven growth in the emerging markets. The reason for this was predicted due to unplanned agenda. Different studies and analysts wrote that the unfinished or unplanned agenda was due to the lack of planning for the future.

According to the essay, Wolfe explains on July 17th, 1992, a twenty-two-year-old hair stylist, walked into a suburban bank near Richmond, Virginia carrying a 12 gauge shotgun in his hand. Additionally, he meant real business for he fired two shots at a door and took one man and nine women as hostages.

The interpretation made by the Appeals Court was not only that individuals have a right to carry or own firearms in the spirit of self-defence but also that one could do so without being a part of a militia. Thus far, the largest issue in interpreting the second amendment was whether an individual could own a gun as a separate entity from a militia.

Following the Commission's decision to refer this matter to the Court of Justice in June 2008, France adopted Decree No 2008/1009 of 26 September 2008 which repeals the provisions of the Decree of 1994 giving preference to the outgoing concession-holder in the case of procedures for the award of water utilization licenses.

The erosion of the privacy of Americans has occurred through the collusion of a variety of actors including the Federal Bureau of Investigation, the Department of Homeland Security, the National Security Agency, the Bush Administration, Congress, and major telecommunications companies in the United States.

One such evidence of their weakness that is often left at crime scenes is their fingerprint.  The human fingerprint is so unique that it can set one individual apart from the rest.  Even identical twins do not have the same fingerprints as their formation is affected by environmental factors. 

Common-Law thus means all the residue of the general law of England after excepting Statute law and Equity. Statutory law means that which has been created by statute. Such statutes are an act of the parliament of the state and this exercise has been prevalent ever since the Seventeenth Century. These may either be applied to the entire UK or to a specific geographic location.

The mere inclination to do good may be enough to make the correct moral decision; need we be confined to the restrictive concepts of posited law, which in this case could not provide guidance from the outset?  Indeed, if a posited law is clear and concise and applies unquestionably to a situation, one has not to need to consider moral judgments.

It is an interesting case involving the school board and parents, experts who testified, and publishers who showed special interest in the case. It aroused interest due to the controversy it created around religion, science, and education. The case was in the favor of the plaintiff, but there was no further appeal as the board members, who were in the defense lost in the subsequent school board elections.

Not all of thе statеmеnts in thе Dеclaration of Indеpеndеncе havе rеal rhеtorical powеr, howеvеr, whеn onе considеrs that in somе casеs, thеrе is too much of a gulf bеtwееn thеory and practicе to bе connеctеd by logic. In addition to lеaving us frее to pursuе happinеss instеad of land еntitlеmеnt, Jеffеrson told us that all mеn arе crеatеd еqual.

High technology has made it possible for functional magnetic resonance imaging and positron emission tomography scans to link who we are and how we behave, as asserted by neuroscientists. Kent Kiehl is a prominent neuroscientist who has added psychopathy to the list of conditions observed in fMRI scans.

A problem resulted from the lack of effective control on the citizenship of those applying for social services (Reed-Danahay & Brettell 2008). The severe threats to the social services system in the USA from illegal immigration are made clear if these facts are combined with the continuous increase of illegal immigrants across the USA.

The law of restitution has generated a lot of interest from researchers and academics around the globe in the recent past. It has been recognized that the restitution awards can be either a result of wrongdoing or due to unjust payment. According to Burrows (2011), the law of restitution is based entirely on the principle of reversing a defendant’s unjust enrichment at the expense of the claimant.

Corporate social responsibility (CSR) is defined by Carroll and Buchholtz as the legal, ethical, discretionary, and economic expectations, which a society has towards businesses at a specific period in time (36). Business law and CSR concept implies that firms have ethical, moral, as well as philanthropic responsibilities besides their responsibilities of earning the investors a fair return and complying with the law.

They have mainly developed due to the commercialization in the construction industry and to ensure that the diverse requirements present in the industry are being met.  However, the global effect of the construction industry has created a need to meet standardization.  They are essentially contracting that cover construction agreements mainly for employer contractor relationships.

The term “director” has the meaning of “any individual holding the position of a director, by whatever name he is usually designated to be or called”. A de-facto director is one who is not officially appointed as a director in a company but executes all the responsibilities of a director and takes decisions as a director.

In the process of the arbitration, the parties in dispute can choose the language they deemed they are comfortable with unlike in the judicial proceeding where the county’s official language is employed by the competent court. Some nations find it much easier to enforce arbitration awards in comparison to the verdicts from the court proceedings.

It is essential to state that increasing globalisation and a changing international business environment. Businesses face considerable uncertainty as competition has increased. Australia's business practices and operations are undergoing fundamental changes to accommodate changes in the external environment.

From the facts and circumstances of the case, it is quite obvious that the impossibility of completing the contract by 1 February 2010 has been of George’s own making and it is strange on the part of George to invoke the doctrine of frustration. Frustration arises only when the subject matter of the contract is totally destroyed rendering the performance of the contract impossible.

Regulation is applied to banks in order to maintain a healthy market and to ensure that consumers remain satisfied with the services they receive from financial institutions. The alternative forms of regulation are common law, industry code and legislation. Common law ensures the customer’s confidentiality is protected and only revealed with his consent.

The Consumer Protection Act 1987 enables a claim to be brought where harm has occurred as a result of a defect in a given product. The idea is the imposition of strict liability so that the manifestation of restrictions means that in cases of negligence, or by the supplier the manufacturer, the actual factor of negligence need not be established in a court of law.

The TRIPS agreement was put in force with the major aim of enabling inventors to gain from their innovations by helping to prevent copycat of the already developed products, which means overly reducing investment friction in developing countries. In the past, most countries did not take seriously the issue of patenting innovations.

It is essential to state that basically, many promises made among the people of the society are not taken lightly. There is something special in them since there is a societal or some sort of ethical get-together that allows the one who makes the promise to be regarded as being bound by his promise.

A conflict is a disagreement where the parties involved feel that their needs, interests, and concerns are threatened. It is normal and part of life since people cannot be expected to always agree on everything every time. It is therefore important to understand how to resolve conflicts rather than to avoid them.

Guido (2001) defined law as the total of policies and regulations with which people are organized (p. 2). To him, the law is constructed by the people and exists for everyone. Hurt (1958) in his article used the law to mean an order that is uniquely different from common law. Hurt goes further to criticize the German Nazi law as lacking a basement for its legality. 

A building contract does have the essential elements of a contract and any breach whether anticipatory or not, does give rise to potential legal issues. The legal framework that informs the regulation of building contracts in Australia is quite exhaustive to give the guidelines and rules to be followed.

International trade law is a set of rules and regulations that govern how the world economies engage in trade as it is stipulated by established world trade governing bodies. These trade governing bodies include World Trade Organisation (WTO), General Agreement on Tariffs and Trade (GATT), (Lester, Mercurio, Davies, and Leitner, 2008).

When it comes to sports nutrition, the industry is on a constant move to improve on its innovations. This is because of the growing awareness and adoption of sports supplements to not only athletes and bodybuilders but the public, as well. Therefore, it is essential that there be applicable laws and regulations that can protect individuals from these emerging innovations.

The case will be argued under Contract Law where there have to be two parties where there is an offer made and there is acceptance. In this case, the reward is always money which is termed as a consideration (Latimer, 2012). Where parties decide to agree to the terms of the contract, a legal relationship is created where there has to be a free willingness to participate in the contract.

This essay seeks to establish first that there was a contract between Bob Wheelie and Mr. Spokes. Secondly, the contact was vitiated by misrepresentation by Mr Spokes to Bob Wheelie. Also that the misrepresentation was fraudulent. Finally, Bob wheelie has a remedy available to him under common law.

     I am arguing against the death penalty because there are just several incontrovertible arguments I happen to share with the article on ‘Thoughts on the death penalty (n.d.).  The first one reads: “The most important one is the virtual certainty that genuinely innocent people will be executed and that there is no possible way of compensating them for this miscarriage of justice.”  (Thoughts on the death penalty, n.d.)

The essay was the result of Thoreau’s brief stay in a Concord jail after refusing to pay his poll tax. “It is Thoreau’s extremely personal response to being imprisoned for breaking the law.  Because he detested slavery and because tax revenues contributed to the support of it, Thoreau decided to become a tax rebel” (McElroy, 2005).

A disposition of an equitable interest or trust subsisting at the time of the disposition must be in writing signed by the person disposing of the same, or by his agent thereunto lawfully authorized in writing or by will. The duty that a trustee has is the duty of loyalty and an obligation to act solely in the interest of the beneficiary.  

Change management, innovation, and decision-making are important factors that keep the machinery of the criminal justice organization well-oiled. However, decision-making and change in criminal justice are quite different from other organizations. We explore the differences while enumerating the highlights of criminal justice organizations.

Photographs are taken from different distances such as close-up, medium, and long-range which gives the profiler a better understanding of how things are connected. The Federal Bureau of Investigation also highlights the use of aerial photographs in serial rape or murder investigations since this establishes the geographical link of the crime scenes.

This seeks to respond to the question: “Does the absence of an international government mean that international law is not really 'law'?”. To proceed this paper first defines the meaning of law, international law, and the absence or presence of international government and law before going into analysis.

Generally, the case of Radmacher v Granatino highlighted the importance of nuptial agreements. A Frenchman named Granatino married Radmacher, a German heiress. The latter entered a pre-nuptial agreement with Granatino, which was chiefly aimed at protecting the amount that she was to inherit from her father.

In the wake of the increase in litigation and legal suits on property transfer and ownership, unincorporated associations remain disregarded as legal entities in the United Kingdom. Although the membership of unincorporated associations may identify themselves as an independent organization, the legal stand remains adamant in allowing these bodies a privilege to own property.

 The aforementioned need for financial regulations resulted in enactment of Sarbanes Oxley Act in 2002 to oversee financial practices amongst auditors and public organizations. Of central importance is the focus of Sarbanes Oxley Act in 2002 in influencing auditors’ ethical standards and independence.