Law Essays

This research will begin with the statement that contract is defined as the performance of an agreement between two parties who have decided to lay down certain conditions with respect to the way they shall perform the agreement. An agreement is a legally tenable document which propitiates that the parties shall do what is written in the agreement.

Though California is not a Common Law state, it does validate the Common Law Marriages accomplished in some Common Law state. This provision automatically supports the premise that the California Law agrees that there does exist much emotional dependency, financial comingling in the relationships not validated by a marriage license. 

There is no Pennsylvania case law that contradicts DeMichel or establishes a different definition of facts found in error. A possible counterargument is that the police applied the knocked and announce rule before gaining forceful entrance into the premises. The time they took was, however, too short. There is no case law to support this position.

It is reported that many American citizens and the media followed the proceedings keenly on their televisions with some presenting themselves physically in courts just to follow the developments. Nevertheless, a landmark ruling came on July 5, 2011when the jury ruled Casey not guilty of the crime he was accused to have committed.  

To accomplish this goal, the presentation must be both persuasive and comprehensible to the audience. The researcher can use a number of tips to effectively present his research findings and proposed solutions to his audience. The researcher has to understand his audience, the medium that he will use to present the research and the content.  

The author states that the reliability of a project and the avoidance of possible conflicts depend highly on the initial contractual aspect of civil engineering. One of the most important parts of the civil engineering contract is the ability to analyze various types of risks which may arise during the initial phase of a given project.

In fact, the preference for the White-skinned population is found to be relatively high in the job market as well, where they are prioritized compared to the non-White or the non-European groups of immigrants. In fact, the wages earned by the latter is found to be lower than the former as well in some cases.

Identity thieves use various methods to get this information and can do anything to get hold of this information. An identity thief will look through the victim’s trash to find their personal information, and use the information to get benefits such as medical and take over the accounts of the victim.

The bone of contention was several meetings that had taken place between Victoria Colomo and Joseph Fuller who were both Special needs students at the San Angelo Central High School. The court was issued with the accounts of the meetings where Fuller had taken Colomo to seclusion within the school and asked her to be his girlfriend.  

According to the police report, Holmes did not have any known or pre-existing criminal record preceding this particular incidence. After the arrest and lock up in jail, Holmes attempted suicide severally in 2012 November. The police have him under custody after the court denied him bail. On March 12, 2013, Holmes pleaded not guilty.

The author states that the finance industry is one of the most important drivers of any economy, and their performance and strength are strong indicators of where a given economy is relative to the global economy. The performance of this industry relies heavily on the laws and regulations that govern this industry in relation to its operations.

Previously the consumer (in business transactions) often fell vulnerable to the seller or supplier. The consumer had very little protection against the exemption clause or unfair terms that were hidden in contracts. Since 1977 the consumer can take refuge under the Unfair Terms of a Contract Act 1977 (UCTA), which has given the consumer extra protection.

According to the research findings, it can, therefore, be said that prison does not appear to be serving as a correctional and rehabilitative experience; rather according to experts, young offenders appear to view prison as an opportunity to get free food and shelter before they are out on the streets again.

In arriving at the decision, the High Court based its verdict on the precedent set in the appeal case of Sen v Headley [1991] Ch 425, where the Court set up grounds for a valid transfer of real property by a donatio mortis causa. In the case, the deceased and the plaintiff, Mrs. Sen, were very close friends.

The contract between the elderly woman and her attorney can be considered to be unenforceable because of legal defences from the side of the elderly woman. Though at face-value it appears to have met all the stipulations of a valid contract, it cannot be enforced legally due to the technicality. Alzheimer’s disease progressively causes mental degeneration in an individual.

Rather, the focus should always remain on the consideration of the ethics of abortion. Is it ethically acceptable to terminate the life of an unborn child? Should it be made legal? People, according to Prof. Kadayifci one should not confuse the moral wrongness and legality of the issue as the pro-life side often does.

The author states that the new procedures favor consumers who do not like to reveal their identity. This is because there is no eye contact between the buyer and seller. The only person who gets to meet the consumers is the attorney thus providing privacy to those who value their personal privacy.

The paper provides advice on how to incorporate their business and carry out their transactions in order to attain the best and optimal results. Under each of these three types of businesses, there are sub-categories of business entities that can be formed to maintain the original legal expectations and focus of the founders of the entities. 

The author states that the enhancement of the punishment, by the Wisconsin statute, was to be construed as punishment for the predicted outcomes of the crime and not for the bigoted beliefs held by the offender. Lastly, the Court held that this statute did not breach the right to free speech of the offender

According to the research findings, it can, therefore, be said that the movie “Inside Job” tries relentlessly to unravel the intricate structural engineering of the financial meltdown. As a result, individuals were unable to pay their debts to organizations issuing credit cards either because of increase in interest rate or due to the loss of their occupations.

As the paper highlights, the abortion issue is multi-faceted and both sides of the issue provide credible, thought-provoking arguments.  Only the individual can disseminate the information and make their own decision based on what they believe to be right.  Everyone should know both sides on equal terms.

 Usually buyers encounter with the forward mentioned issues in terms of legal rights when buying goods: a) undertaking in respect of no legal rights b) false description of purchasable item c) defective / unsafe goods d) short measure e) short weight f) misleading price g) misleading information (Twomey & Jennings 2010).

While describing the arguments for the death penalty and against it, the author comes to a conclusion that even though arguments against death penalty identify valid positions such as possible injustice and the criminal’s interest in human rights, they do not factor in the rights of the remaining section of the society. Further, injustice is not a likely occurrence because of the involved expertise in the judicial system and room for appeal

Order and good alignments depict people who honor while chaotic and evil alignments show the opposite of this. This alignment shows a relation of lawful good where civilization and order occur and freedom and kindness is widely evident in the society. Nonetheless, the same society also depicting chaotic evil that portrays tyranny and destruction.

This paper outlines that the Appellees found that the car was, in fact, a “clipped” vehicle with “a 1986 Taurus welded into the front half of a 1989 model”. Upon confronting the Defendants, the Appellees found that the car was originally sold to the Defendants by Charles McDaniel of Chuck’s Auto (“Appellant”), who made the original representation.

An examination of “developing structures” through which an individual makes moral judgments will enable us to understand moral development (p.54). I agree with Kohlberg’s Moral Stage Theory, and judging by its tenets of moral development I will place myself at Stage 5. The sense of morality in me has bloomed to its full development.

Janice Marie Jones (March 5, 1952- April 8, 1985) was stalked, raped, and murdered by an ex-boyfriend. The murder took place in front of her two children, ages 11 and 13 at the time. The killer served 18 months and is now free. (Domestic Violence Memorial).

According to the research findings, a charge of wounding with intent under the Offences Against The Person Act of 1861 s.18 requires a specific intent to cause grievous bodily harm, while a charge of malicious infliction of grievous bodily harm or wounding merely requires a general intent of malice, in other words, an intent to do some harm.

The research identifies that a trustee has the obligation and the requirement to do things in a way that is based on standards that prevent fiduciary breaches and the breach of trust. This involves basic rules that force a trustee to act appropriately and some specific rules that are meant to attain a level of results 

This point of issue mainly arises due to the fact that the host government allows the contractors to recover the incurred costs based on the assessment of the situation but government at certain times overlook the hidden and unnecessary costs that companies often bear during the operational process. 

With little efforts being realized, the government resorted to punitive measure to meet the goals that they have failed to achieve in years. Following the illegalization of some drugs, organized crime took over to create order in the industry, which looks “lucrative” to the money-angry drug cartels whose agenda is nothing other than money. 

Hence, becoming an insurmountable challenge to the police investigators suppose the child decides otherwise and say he or she confessed because the involved parties told him to tell the “truth” (Sherman, 2011). This is especially when the child is innocent and has confessed guilty because the case had overwhelmed him or her. 

The author concludes that Robin Thicke and Pharrell Williams have indeed done a copyright infringement. This is because they have used Marvin Gaye’s song but given it a different tune. Even though Gaye copyrighted only the sheet music the words belong to him and anybody who uses them without his permission has infringed. Adding and deleting some words in Gaye’s words and giving it a different sound does not make the song Robin and Williams song

Judges generally provide the resolution of disputes between two parties through the use of comprising between litigants or through a coercive judgment and may further enforce claim made by plaintiffs once they proven (Janin and André 30-35). Judges need to be impartial decision-makers in pursuit of justice and they should ensure that they remain above the fray.

Canada is a relatively new country when we compare it with rest of the world where well established historical cultural practices and ethnic identities form the backbone of their cultural identity. Canada is a blend of the majority English and French populations with a sprinkling from some other parts of Europe.

Just as the tile of the episode portrays, the second episode of the first season of the television series entitled Office analyses several fundamental conflicts that may arise in a diverse workplace thereby giving rise to numerous legal principles including torts, business, and criminal, among many other legal principles.

Governments should have an opportunity to remedy human rights violations prior to being ‘called to account by an international tribunal’. No national remedies have been pursued by Zapo notwithstanding the fact that the PRZ has been working with the IMF and the World Bank as a means of addressing the consequences of the national disaster.

The Complainant has provided sufficient evidence of its common law trademark through evidence indicating that Quickileaks has been operating as a well-recognised and accessed online media outlet prior to the respondent’s registration of its domain name. It is therefore concluded that the complainant does have a common law trademark in Quickileaks. 

This relation defies final answers partly because no relation can be any more stable than its shifting components. Plato recognized this, as others have since. One's interpretation of the law will necessarily influence the interpretation of ethics, and vice-versa. Given a lack of consensus on what "ethics" refers to, we should not be surprised that attempts to chain this concept down long enough.

The principle inherent to this case is a consideration. The legal meaning of consideration is not very different from the everyday usage of the term. From a legal standpoint, consideration can be seen as any act or forbearance which is of benefit to the person making the promise (promisor) or detriment to the person accepting the promise (promise).

According to the paper, McDaid Development (Ireland) Limited, the company, when formed, will become a corporate body that is separate to its owners and distinct to the directors and members. In simpler words, a company or corporation is just like an individual human being and is created for official and legal purposes.

The rapid growth of the Internet (nobody calls it the World Wide Web or WWW anymore) has been due to two factors set out by the original inventors of the Internet: it must be free and it must be not under anyone's control. What this means is that nobody is allowed to censor contents of the Internet. Anybody can publish anything on the Web these days, from blog sites to the plan of how to make a roadside bomb (an improvised explosive device or IED).

The United States has courts divided between the Federal and the State level. States in my home state, Florida, differ significantly in details from the operations, source of laws, and so forth from Federal court. It is important to make a distinction between true Florida courts, and United States Federal Circuit Courts.

Criminal law system is the practice performed by the law and order institutions of governments in order to uphold the social control with the intention of deterring and mitigating crime. The institutions sanction criminal penalties and rehabilitation efforts to those who found and proved to be guilty of violating the described law for checking the criminal offense.

But from the perspective of the Courts, the First Amendment to religion means ensuring neutrality, so that no one religion is favored over the other, or any choice made in respect of religion versus non religion (Carter 2000).

The use of the death penalty is considered by some to be the most obvious and heinous example of cruel and unusual punishment. Those opposed to capital punishment do not believe that the government should be vested with the power to put any of its citizens to death.

This paper tells that for instance, Ewusi-Mensah (1997) suggests both a lack of technical understanding of projects at the level described in the case study as well as the tendency of senior managers to delegate decision-making regarding information systems projects.

Child abuse includes physical and sexual abuse and neglect of children below 18 years of age resulting in mental injury (Family Violence, 199, 12). Physical abuse includes all forms of bodily harm caused to the child either intentionally or as a disciplinary action. In addition sexually abusing a child by means of fondling, having intercourse, or raping a child by a family member also falls under child abuse.

The US Criminal Justice System consists of two tiers- the state courts and the federal courts. States are free to provide their citizens with freedoms as long as they do not contradict any constitutional rights (Tarr, 1998). The founding fathers established this system of division of the two courts and had this system not existed, the state of the country and its criminal justice system would be much different today.

The author states that you may not have wanted to cause the injury but it happens as a result of the certain task performed by you or the non-performance of a task that you needed to perform. There are basically three requirements which need to be fulfilled in order to prove that the defendant was negligent.