Law Essays

Suspicion is confirmed by the use of measures like retention or torture. Additionally, the initial arrests are also made based on profiling. It is here that contradiction between the police and the law arises. During challenges like terrorism, the implementation of such laws becomes a major limiting factor for conducting an investigation.

Capital punishment was meant for cases that involved the death of a victim. It is not appropriate for courts to issue the death penalty on other offenses other than murder. It is considered excessive and unconstitutional for an individual to receive the death sentence if the victim does not die, and this is under the Fourteenth and Eighth Amendment

Pellian government’s expropriation of AmericaGasCo’s oil has legal implications. The Pellian government has the right to expropriate because they draw many investors. They are serving the public because investors bring benefits to the citizens. The Pellian government took control of all oil drilling operations because; they are responsible for protecting the rights of workers.

The property is therefore used by the government or delegated to a third party. The most common uses of property taken by eminent domain are for the government buildings and other facilities, public utilities, highways, and rural roads. This land may be taken from private ownership if the property is posing threat to the public.

The TCOs control much of the domains surrounding drug trafficking starting from production to transportation and finally distribution. A continued struggle persists to control the smuggling pathways in order to declare dominance of a particular TCO over the lucrative drug trade.

Mrs. Palsgraf, the plaintiff, was at a rail station, and while she was on the platform, a man who was carrying a package ran to board a departing plane on another side of the platform. The man lost balance and two guards who were near him attempted

With respect to the damages that Best suffered, she should seek remedies pertaining to negligent misrepresentation and emotional distress. She should sue the company for failing to observe the publishing contract, making her lose the respect of her friends, and setting her back on her career (Stanford University 2009).

Of late, the majority of the liberal-democratic states around the world have started to treat their citizens as free and equal, and have given their consent for permitting same-sex marriages. However,’ non-liberal states’ are still reluctant to legalize same-sex marriages. Thus, we can say that these non-liberal states are following John Rawls’ public reason for not legalizing same-sex marriages.          

There have been a number of formal complaints in national courts claiming that the UN Security Council resolutions or domestic laws implementing these counterterrorism resolutions encroach upon inalienable human rights protections under EU and/or national laws.

The case involved David Baust, who was accused of domestic abuse but declined to divulge his phone password to police when seeking his arrest. The police believed that the phone contained video evidence that could be used to try David. Smartphone manufacturers Apple and Google launched information protection plans that can be enforced through law.

This paper will put forward the argument that in modern time’s civil disobedience has played an important role in shaping the law in the United States and will even focus on whether civil disobedience is justified or unjust in compliance with the positive, natural and sociological theory of law.

After over a decade of trade negotiations, the high-level conference in Bali organized by the World Trade Organisation (WTO) eventually reached an international trade Agreement. The WTO’s 160 member states adopted the Bali Agreement based on three pillars: Trade Facilitation, Least Developed Countries' development, and Agricultural issues.

Additionally, they are meant to keep all the information of the clients in a logical manner. They are expected to give updates on the clients whenever it is needed and update the case management system. Potential candidates are required to have a degree in arts

Many times, the source of these crimes is the tendency by religious groups to exhibit insurmountable intolerance. This paper will use the provided case and other information in analyzing

With the signing of United Nations conventions and treaties, international communities have demonstrated the will to answer to global challenges with a mighty global response. The treaties ensure the states lives in harmony and establish the standards on which to deal with daily issues in the society.

Firstly, in respect of age, children approaching adulthood (16-17 year olds) are more likely to be detained by jurors than their younger counterparts as a deterrent measure

Harsh economic times and limited funding call for staff reduction at correctional facilities and ability to ensure adequate compensation to allow for staff morale by the correctional manager may at times come at the expense of reducing staff

As per the legal guidelines of the tort of negligence, Choc Deluxe is has showed carelessness or negligence towards the consumers and stakeholders by giving the products to the business partner, Simon without ensuring the quality conformation of the products. The

The lease may either be oral or written, although it’s legally recommended to have written lease agreements, which serve as verifiable documents that can be used in case conflict arise, and the resolution is brought to court for adjudication (Caldwell, 2008. p. 14).

The legal definition of employee is described under Section 230(1) of the Employment Rights Act 1996 (ERA) as “an individual who has entered into or works under... a contract of employment”. This definition has been criticized for being ambiguous (Honeyball & Bowers. 2006) and it is necessary to refer to the common law test for defining the status of employees.

In order to pursue this dream of mine, I have decided that I would study law in any of these three universities: the University of Miami, Nova Southeastern University in Miami or Barry University in Miami. All of these universities provide an enhancing opportunity for future perspectives in making a successful career in the field of law.

The injury that has been caused by the local boy is clearly foreseeable. On the facts, it is possible to construe that Sunshine Beach Holiday Park Owners had not placed a warning and so they clearly cannot rely on that. The age of the boy would be of the essence when the rights and liabilities are considered.

The plaintiff then held the loose end of the rope while the other workers pushed the reel downstairs. As the reel went down, it pulled the plaintiff and the other workers

There are various conventions that need to be followed while writing academic-based papers. The writer must make use of the written language in the third person in order to convince the reader of what he is trying to say. Too many quotes and statements by other authors should not be used in order to maintain a flow within the writing.

The court assents as true to the allegations in Plaintiff’s complaint during the determination of the motion on dismissal under rule 12 (b) (6) comprising the federal rules of civil procedure and all arguable derivations that could be inferred therefrom after adducing them under circumstances most favorable to the non-movant. 

As such, sham self-employment arrangements are done to disguise an individual as self-employed while they are not. This could be done for a myriad of reasons. These reasons could be known to both the employee and the company or the employee could be oblivious to them; this is an unusual case though.

It has been contended by Duxbury that flexibility and stability are both necessary for the common law system (Waddams, 2009, p. 132). This requirement has been fulfilled by precedent. The common law legal system is based on precedent, which makes it possible to bring about the amalgamation of law and justice.

The U.S citizens did not have any representation in the 1970’s. Due to this, the citizen lost their rights to vote. They got their right to vote after the rectification of the U.S constitution after the declaration that there would be no taxation without representation. Senators were elected in the privacy of the voting booth before the amendments.

A jury is a group of members of the public who are selected to decide on a case, based on guidance of a presiding judge. The jury selection process occurs in steps that recruit potential

Interestingly, these freedoms are the factors that may define what an arrest, a stop and a simple encounter are. Simply put, an arrest is the act of depriving an individual his liberty, in

On 23rd July 2007, Mr. Alvarez got an invitation to speak in a joint meeting with Walnut Valley District Board. The anticipated speech was to touch on his background as an employ of the partner agency. Mr. Alvarex stated that

A legally binding contract essentially requires an offer and its acceptance. The agreement thus formed must form consideration for the parties involved and to make the agreement legally binding, the parties must have an intention to create legal relations. An offer must be valid in that it must be communicated to the offeree.

Michael has a Golf which he leased from VW. He recently lost his job and is struggling to keep up with the lease payments. His mother loaned him $800 five months ago to try to help tide him over, but he has not yet found other employment. He realizes that he can no longer afford to keep the Golf. He also has $10,000 in credit card debts. He decides to pay his mother back now.

The malicious intent requirement, in this context, includes the defendant (Kodak’s executives) purposely misleading its investors with substantial certainty that their actions would result in investors purchasing stock (Neubauer & Meinhold, 2010). It is however not a must for

The criminal justice system in the United States of America has undergone tremendous changes with the aim to minimize and if possible eradicate crimes from society. The evolution of the adult as well as juvenile criminal justice system in the USA has taken place based upon the situation in the current society (Terril, 2012).

The identified problems notwithstanding, there are three major arguments that are commonly made in the literature for shareholder primacy. The first of this has to do with shareholder ownership, where it is argued that shareholder primacy helps in the promotion of the separation of ownership and control (Stout 1198).

In advising Pujah who has just inherited £10,000 on the type of company structure that he should use when starting up his company, I would advise him to use a sole trader company structure. This advice is based on the premise that a sole trader structure is not only relatively easy to start and manage, but one does not require large amounts of capital to run this type of company.

The UK has considered the supreme EU law as undermining its sovereignty. Regardless, the UK is expected to tailor its domestic laws to be in line with the EU law under the EU Treaty, despite the fact that the European Court through its appeal option has been occasionally at odds with local UK courts and other written laws.

edule 2 or Class 2 - have a high potential for abuse but are generally medically accepted for treatment, despite having a possible severe addiction result. Some examples of these drugs include codeine, Fentanyl, and Oxycodone, Metamphenamine, and barbituates. C. Schedule 3

The United States has various Federal and State laws that govern warranties, in particular, furniture, and the remedies associated with the warranties (125). Section (2), clause (106) of the Business and Trade Code defines a contract for sale as a contract to sell goods later in the future or the current sale of goods.

The paper shows that as with most old laws that have outlasted several generations, this law had become moot and academic although the concept of charities remains to be relevant to society. For purposes of understanding the concept of charity better, let us look into how the framers of the Elizabethan law define charity. 

An understanding of Ronald Dworkin’s theory of the role of judges in the concept of law and its variance with his contemporary legal positivists cannot be attempted without at least a summary exposition of what is implied by the label ‘legal positivism’.

Young persons today that do not fully understand what freedoms they are losing and what this country originally stood for will believe that this type of activity by the government is considered acceptable.  In addition, young persons in the U.S. will never have the pride in their country as did their fore-bearers because the country has lost its respect throughout the world and rightfully so.

The author states that duty of care that exists in negligence is laid out in Caparo Industries v Dickman where it was held that damage arising out an action should be foreseeable there must be a relationship of sufficient proximity between the parties and it must be fair and reasonable to impose a duty of care.

Criminal law as currently practiced is centered around the administration of punishment to the offenders, for purposes of retribution for their actions and to function as an effective deterrent to others from committing similar crimes. One of the difficulties in effectively applying punishment to solve the problem of crime is that punishment serves multiple goals.  

The plaintiffs will be best served if they can compel the resort to pay all of the damages and leave them to any reimbursement rights on their own.  If, however, this is a several liability jurisdiction then the plaintiffs must determine whether Tex’s proffered testimony justifies sacrificing his share of the damages. 

The legal profession in the United Kingdom is flourishing except for one internal lacuna. The legal profession in the U.K. is divided into two branches of solicitors and barristers. The division happened sometime in the first half of the sixteenth century when the practice of “calling” a law student to the Bar of an Inn was established in 1547.

In this case of the study, therefore, and on replying on the findings of the study; Bettie and Amelia were in an initial contract. That is, Giles owed Amelia ₤1000. Amelia’s promise makes Bettie have a reasonable expectation of its fulfillment as a promisee. All the conditions required by the promisor are met and thus, it is up to Amelia.

It is essential to say that I would ask for a change within the stance that is adopted by the Sav-Mart company at the present (Finn, 2010). This would mean that the organization will amend where it is going wrong, and work upon the tenets of harmony amongst understanding each other’s private zones and space.

The author states that crimes go into the bucket of cold cases since the authorities have no proof against the criminal. A lot of times, this happens because the witnesses have gotten hostile. The other times, the suspect might vanish. The famous case of Natalee Holloway can be counted as a real example of one such case.