Law Essays

The House of Lords firmly established the concept of separate legal personality and confirmed the concept of limited liability in Salomon v Salomon and Company. In other words, Salomon established that once the company has been lawfully incorporated, it had a separate legal personality and was not to be regarded as the trustee or agent of those who had control of the company.   

were indicted of placing a patent of routers and wireless networks in the market. Such activities would cause a ban for US imports of all the products that the two companies were producing. On the other hand, customers and business rivals around Europe accused Google Inc. of

to Strain (2012), the factors that could evidently justify outsourcing would include the following: lower costs, skilled workforce, security, and delegation of some form of control. The most justified rationale for outsourcing work overseas is the potential savings that could

Date rape is a criminal act that should be punished equally as other stereotypical rapes. Whether one breaks into a home or is a trust acquaintance, it still remains an offense: rape. Victims suffer as a result of the social stigma that surrounds women who undergo this kind of victimization. The date is not a second-class rape.

The Supreme Court ruled that the search was constitutional since the object of the search was the probable existence of contraband in the vehicle. The major dissenting argument to this case came from the Robbins v. California (453 U.S. 420) case since an earlier court had ruled that searching the contents of a bag within a vehicle was unconstitutional.

The issue relates to the kind of lease and whether it is valid or not. The fundamental question relates to whether the lease transferred by Troy to Ai-Ai was in conformity or in breach of Lakshmi's covenants in the initial lease agreement or not. The second issue relates to Troy's position in the contract after the property is transferred to Ai-Ai. 

The topic about legalization of marijuana has a long history in America and various state governments as well as federal government have grappled with legal options to establish an equilibrium and fair position on marijuana. Besides all the debates and legal wars between various governments, it is important to note that the war to legalize marijuana will soon become a success.

The simplified acquisition is a very conducive method for small firms because unlike other purchasing methods, it doesn’t adhere to a set of the buying process. Government official can pay for a simplified acquisition using cash, purchase order, government-wide purchase order at the convenience of the company. To win this acquisition, the company must simply provide contracting officials with a quotation.

The ordinary citizens as well as government officials including institutions are under the laws of that state. The rule of law principle also presupposes that law is to be applied equally to all without favor. The laws and legislations that govern a particular country or state are to be applied equally to all individuals.

The researcher states that, although, Raj’s employer reserved the legal right to end his employment contract, their failure to serve proper notice on him regarding the issue amounts to unfair dismissal. In light of his summary dismissal, Raj has the rights to pursue claims for his unfair dismissal and wrongful dismissal.

The Supreme Court overturned the old principle of patent law that had prevailed for over a century. The court confirmed the principle that no damages can be recovered in regard to a right that has been subsequently declared invalid. Since 1908, the courts in the United Kingdom have upheld the principle that in instances where the defendant is guilty of infringing a patent, the defendant is held liable for the damages.

The following requirements for filing the bid of protest with the Federal court are justifiable: a brief memorandum which must be concise, compact, logically arranged, and free of irrelevant, burdensome, scandalous material and immaterial. However, it is unjustifiable, to dismiss a complaint filed by the contractor after one year.

The atrocity can be traced back to the Nuremberg Laws that legalized the murder of Jews in Germany and even further back, to the historical basis that Adolf Hitler used to justify his attack on a race of people. Based upon historical accounts, the constitution that existed and then ceased to exist to give rise to the power of the Fuhrer.

A public figure is defined as any individual who holds a position of importance in the publics eye and have actively sought a position of influence in public matters such as a politician,

The notion of “Ideal Society” refers to such a community wherein the factors such as justice, liberty and peace exist. In this particular society, every individual is treated equally. To establish an ideal society, people need to lead disciplined life. They have to follow and perform their individual duties cordially in order to create an ideal society.

Foreclosure is a process through which a mortgage lender repossesses the property used as collateral for a loan. The lender usually auctions that property or retains ownership rights due to a default by the loan. The main objective of a foreclosure is to obtain the principal amount and also the accrued interest. The process of foreclosure is legal and sanctioned by the court.

Case law recounts the ruling as recognized by the consequence of previous cases.  It also refers to the set of decisions advanced by adjudicatory tribunals that are citable as precedent. In the United States, precedential case law emanates from adjudication ruling or judicial ruling in the executive agency branch of the State.

Wong and a second petitioner, Mr. James Wah Toy, the prosecutors convinced the court of Wong Sun’s guilt of drug trafficking. Reasoning: The process of collecting evidence and witness statements must follow a particular structure, one that upholds the basic human

Additionally, it is prudent to assert that convict criminologists may not have more credibility in relation to prison issues as compared to other scholars; the society is characterized by various cultural and

Copyright refers to a form of protection given to authors of “original work of authorship” such as artistic, musical, dramatic, literacy, and sometimes

The audiences targeted by the article are law specialists and any other citizens who are interested in understanding the USA law. The writer argues that Marbury has a right to the commission since his appointment is signed by the president. The writers also say that the Supreme Court has a right to review the congress since they interpret the law.

The author provides the draft of contract for Hands Reach. The contract of employment acts as a security for both the employer and the employee. This employment contract is in line with the Employment Rights Act of 1996. In case you agree working with Hands Reach, it will imply you have accepted the terms and conditions stipulated in this contract.

The employer must ensure that you are covered with all the relevant documents like medical, social insurance numbers and labor standards. With these rules in place, the number of immigrants within the whole nation will be regulated. As an immigration officer myself, incidences of deportation of illegal immigrants will reduce significantly.

The company would need to assess how much consumers would be willing to pay for more efficient delivery services. The contract that specifies better delivery arrangements would have to keep in mind that people may have different requirements as far as delivery times are concerned. The absence of such would lead to conflicts in the future and makes it necessary for the contract to take note of it.

There is no doubt that ethnic cleansing against the Serbians has characterized independent Croatia. Our constitution provides specific component that should form the basis of

According to the report the contract case was with favor of the government with the consideration that there was a rational basis for the determination that the primary and important requirements of the solicitation. The solicitation was the management and the coordination of transportation and lodging services. 

The author states that law establishes the framework which entails the functioning of a successful society. For a moment if there was to be the absence of law or the absence of a legal system, unimaginable injustices would then befall on the members of a society who would fall prey to human feelings and temptation.

Moreover, in the case of Henry Kendall & Sons v, William Lillico & Sons Limited the seller had sold the product to the buyer and similar to Adam Co and Burt Co’s arrangement, the contract between the parties had been made over the telephone but was followed the next day by dispatch of a document and a sold note containing an exemption clause    

Section 206B(2) of the act allows a person (Mr. Schwartz) to be exempted from the law and serve as director for a corporation in spite of previous convictions. Judge Gordon J’s reasoning in the case is that the information submitted in support of the application is

According to Goldman (2006) the defense attorney is charged with the responsibility of representing people who are facing criminal charges. The three ethical obligations that bind the

This paper will focus on the supply reduction paradigm, and in particular, the recent efforts of the US government to pressure the Colombian government to conduct aerial spraying on more than 100,000 acres of coca

Since drug utilization becomes a personal matter, the law cannot be justified to carry out any criminal prosecutions. By liberty to autonomy, each person must make decisions concerning their lives in every aspect. Therefore, the government or society has no privilege of paternalism to any person concerning their lives at present and future.

In relation to their past experiences, the police forces are using scientific and empirical methods when solving crime-related issues. There are advantages and disadvantages associated with evidence-based policing. By innovating new strategies based on the real-life experiences of the police forces, the police officers can come up with a scientific-based method.

National White Collar Crime Centre is a non-profit organization funded by Congress. It is also known as NW3C. It is authorized to provide pieces of training to law enforcement agencies at the local and state level. These pieces of training are provided to them to encounter different economic issues and cybercrime problems.

The UK has determined cases such as this one with a series of cases. Hedley Byrne v. Heller is the most important case in this regard. Before this case, if a professional person made a statement to another, and the other person relied upon this statement, the only remedy for this would be a remedy in contract, not in tort.

Voluntary consent is a critical factor when it comes to contract performance. The terms and conditions that a contract carries must be adhered to, failure to which the contract may be voidable. For this reason, the genuineness of assent greatly influences contract performance. The contracting parties reach an agreement or promise that guides the actualization of the contract.

In the region of Santa Fe, Texas, pupils were elected through votes by their classmates to conduct prayers before a football game takes place at all the football games in which the high school was participating and these prayers were to be conducted at the public address system. A certain number of students were against this and they launched a suit stating that such practices were in violation of the Establishment Clause.

The plaintiff may substantiate/prove the aspects of vicarious liability in three ways namely: if employee was acting within the scope of his/her employment, the employer was in full capacity to control the acts of its employees. Lastly, there was an

In cases of documents, they are locked away in vaults, locked rooms and other locked buildings which also have various security measures such as security fences, security guards, and even identification security systems for the owners of the assets. Unauthorized access is denied to those who have no assets secured. 

Finally, purchasing groups involves the less stable groups purchasing liability insurance coverage as a block from an insurer. 4. The first question by Koviak (2004) entails the reasons for the current

Some of the NAIOS states in the International treaty have already enacted environmental laws is a good indicator of the future. The Secretary General of NAIOS States should go ahead with the plans for creating a regional environmental treaty. The treaty should address several environmental issues in the region including the use of TCP pesticides and other chemicals that may be harmful.

Although it differs from country to country, murder under English law is regarded as such when the offender has intent to kill and also to cause bodily harm which causes death. Manslaughter is considered in circumstances where the offender did not intend to kill but was grossly negligent or if the offender causes death.

As such, it is always very important to ensure that the person who is considering joining or coming into partnership must know how the company that he or she wants to join

Censorship is simply the act of suppressing information, which may be harmful, objectionable, inconvenient or incorrect as determined by media outlets, authorities or government institutions. In reference to library internet filtering, censorship entails controlling or restricting the content in which the reader is authorized to view or access.

The author states that the practice is usually costly for people and organizations once it occurs. It is therefore important to ensure that all manner of fraud is prevented from occurring. Auditors play a significant role in the deterrence of fraud. They assist in risks detection and monitoring, control and regular testing of internal processes.

A multi-sectoral group representative of the minorities, women, and other such sectors of the community, must partner with the state as well as federal police in drawing out policies and mechanisms to help the department become more self-regulating and thus minimizing if not eliminating cases of police abuses.

Taking proper measures for crime reduction is extremely important for the safety and security of the public. It is one of the main goals of crime prevention strategies to reduce or remove the opportunities of crimes for the criminals, and this goal can be achieved by taking appropriate security measures.

The output of the device is monitored by a computer 24 hours a day. The amount of cases that EM is being used for is increasing annually. However, it is expensive to implement and there are concerns that it violates the constitutional rights of the offenders. Home

The European Parliament has 736 members and they are elected once every five years (Foster, 2011). The duty of the European Parliament is to oversee the activities of the Executive body. The Commission has the exclusive right to propose bills for new laws. However, the European Parliament votes on the bill and gives it the force of law.

Michael Barry used to get around using a Zimmer frame due to her hip fracture and had no contact with any of her immediate relatives. She was served by two friends who assisted him in performing some duties. Under the country's disability act, it is deemed statutory that individuals with such incapacitation be assisted to enhance their ability to attain their potential with sustainable resources.