Law Essays

However there may be grounds available to contest your arrest as I will detail below. Police powers have been provided under Section 6a of the Law enforcement (Powers and Responsibilities) Act 2002, specifically to control public disorder, providing policemen the power to seize vehicles, mobile phones and communication devices.

Kelo vs. City of New London (2005) was a case where the owners of real property filed suit against New London for expropriating their land in alleged violation of the Fifth Amendment of the Constitution which guarantees expropriations shall be made only for public use and upon just compensation.

Legal right to property means that one will be able to rely on the protection of governmental agencies in case these rights are encroached upon. But different types of rights enjoy different degrees of legal protection (Ibid). Property law influences the allocation of scarce resources and goods and services, but property law differs from state to state.

These acts and regulations are meant to ensure that consumers are protected and also the sellers are protected. The acts ensure a fair business between the retailer/ sellers and the consumers/ buyers. (Department of Trade Industry, 2005) For the purpose of this paper we shall look at the UK law on the law on mobile phone and especially with regard to DTI 2005 laws.

The payment also includes cash payment made to any person other than the company allotting the shares. The Act has prescribed greater restrictions on public companies as to the form of consideration that they can receive against the issue of share. 1 Therefore the issue of shares against the consideration of lease rent can be considered valid.

The appeal was dismissed on the grounds that the original judge was not found to be 'plainly wrong' in his ruling based on the current laws. Because of this, the grandmother now has little chance of having any sort of contact with her grandchild. Echoing throughout the Parliamentary Acts on adoption is the statement that 'the welfare of the child concerned is to be the court's paramount consideration' (Children and Adoption Act 11A(9), 2006).

On the other hand, "diminished responsibility" is a broad term which embraces so many causes for lessened or extenuated liability. In other words, a felon may be deemed to have a reduced responsibility to a crime committed because of certain mitigating factors i.e.

Every contract has its own complexity in the agenda. The contract under current consideration much more so and has its own complexities. In order to understand and to clearly ensure that either of the parties have understood the complexities involved it is essential that a contract is drawn.

Kirk on the other hand is the principal. Principal is a person who employs another to contract on his behalf. The relationship that occurs between the principal and the agent is known as agency. In Agency, the act of an agent, done within the scope of his authority binds his principal.

Manifold are the bounties of science and science has brought multiple advantages to the West in particular and to the rest of the world in general. The proponents of science hold that science is a way of life that is based on solid facts, data and experimentation.

Not only does the state have the responsibility of protecting all citizens, but it also has a shared responsibility in protecting our youth, those often the most vulnerable and least able to speak for themselves. The Children Act 2001 is a means to give children their voice, yet many of the key components to achieving this still sit idle waiting for the government.

"Consumers who have purchased goods and services through mail order outlets in any Member State shall have the right to withdraw unilaterally from the contract within 15 days of the date of placing the order by giving notice in writing to the supplier. Within 7 days of receiving such a notice, the supplier shall make a full refund of the contract price to the consumer, subject to the deduction of a reasonable amount in order to cover any costs incurred by the supplier for carriage and administration."

It also applies to the awarding of other social benefits for these groups. The problem is that some people consider it to be reverse discrimination (Bardach, 2005; Holzer and Neumark, 2000 and Holzer and Neumark, 2006).The Civil Rights Act of 1964 started the whole push towards affirmative action.

Extradition is defined as the process by which a person accused in one state is transferred to another country that was seeking to place the accused person under trial. Usually extradition laws come into effect when a suspect flees one country and enters another yet he/she may be required to take part in trial.

A consequence is that a person at odds with an autocratic government cannot find asylum anywhere. Condemnation against dissidents is harsh. The body is liberated but the mind imprisoned. The crushing power of the majority is its capacity to shun. It tends to inflict compliance, and the citizen abdicates liability for exercising political inquiry adopting majority opinion as his own.

The author states that in the state of Arizona, the issue on whether or not only life sentence or death sentence should be given to those who commit armed robbery has sparked concerns and much debate as to whether or not life sentence or death sentence should be given to the defendants and appellant. 

It was not until the 15th century that the Chancery was provided the rights to hold judicial power in the arena of Equity Trusts and upon further guidance by the Chancery, by the late 17th century, there was the appointment of lawyers by the Chancellor. Many inroads have taken place to provide the ability by lawyers and the Chancery to ensure proper body of rules, ethics and the framework for delivery of land laws.

Freedom of expression, also known as the right to free speech, is enshrined in Article 10 of the Human Rights Act of 1998, which states that 'Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority.'

The common law will be applied only where it is impossible to choose between the parties to the litigation in accordance with the principle that where there is equal equity, the law shall prevail. Therefore, in a situation in which there is no clear distinction to be drawn between parties as to which of them has the better claim in equity, the common law principle which best fits the case is applied (Hudson, 2004, p.9).

But the point in case here is that the offer was made and accepted by the buyer. Had the seller wanted change in terms of payment, he should have rightfully approached the buyer and clarified it. (The very fact that the buyer again sent a letter which did not reach the seller is a different point to argue upon).

The divergence of the two lies in how a given society answers two basic questions; "Whom do we punish and what should the punishment be" (Palmer 2005, p. 25) Broadly defined, the utilitarian approach seeks to reduce crime whilst the retributive model seeks to punish the criminal in a manner befitting the crime.

The United Kingdom has no written constitution not like other states or countries, it has always been the Parliament that has been regarded as the supreme authority with regard to statutes and laws are concerned. The exercise of the Parliament to draft its laws is the only way subsequent statutes can be in conformed to considering that there is no written constitution.

By contrast, the abolitionists see the impact of executions as a statement of pervasive importance about the relationship between the government and the individual. Abolitionists in the United States view capital punishment as a fundamental political issue; proponents usually assert that the question is neither fundamental nor political.

In the case of Keown v Coventry Healthcare NHS Trust [2006] EWCA Civ 39, the claimant was a young boy Martyn Keown who climbed up a fire escape in the Trust building and fell from the escape consequently fracturing his arm and suffering from a significant brain injury leading to loss of intellectual functioning.

International law, as it exists today, makes one question as to whether it has any real influence in impacting issues between states, related to war/peace, human rights, trade and even crime. This is because the interpretation and application of international law makes it so fluid, that it can be molded by any nation to suit its stand.

(Cartwright, 1999, p. 84) John according to the s1 Theft Act 1968 is found guilty of theft as he is depriving others from their property and particularly in the case where he steal 'roses' from one of his neighbours he is purely acting dishonestly depriving the roses from his real property owner.

In general terms, a company can be a corporation, partnership, association, joint-stock company, trust, fund, or an organised cluster of individuals (whether incorporated or not). In contrast, within English law and in the Commonwealth realms, a company is a form of corporate body or corporation, normally registered under the Companies Act or parallel legislation and does not take account partnerships or any other unincorporated group of individuals.

At the beginning of the last year, the Articles of Association provided for payment of 15,000 to non-executive directors. However, through suitable amendments to the Articles, this figure was brought down to 10,000 nine months later. Since other directors have received 15,000 for the last year, Camilla is also demanding that the same amount be paid to her.

Ms Oxley and Mr Hiscock cohabited a property that was owned by Ms Oxley purchased by her under right to buy legislation. This property was financed entirely by Mr Hiscock but was later sold and the sale proceeds were used to purchase another property in which Mr Hiscock and Ms Oxley lived1.

According to the study, out of total fraud cases in 2008, 61.5% of the companies had a formal code of conduct in place but even then, the fraud occurred. This shows that having well-defined policies, procedures and code of conduct does little to mitigate the risk of fraudulent activities.

There is a disproportionate amount of black peoples deaths in British Police custody which is never properly investigated. According to the Institute of Race Relations, out of 75 cases of black deaths in custody they recorded in 1991, only one had resulted in a prosecution (of the police) and only in one has the family of the deceased received compensation.1 The United Nations Committee on the Elimination Of Racial Discrimination (CERD) on our concerns about black and minority deaths in custody was instrumental to their finding that there are serious problems relating to deaths in custody and the lack of a fully independent investigatory process.

On the Body or Main Part, I will present a discussion on ways to provide "statutory interpretation." Next is to present a historical background of how the phrase has evolved in its use in law, and in court. I will try to note relevant evolutionary changes if any, and then will give an overview of the current available data about "statutory interpretation." And then, on the latter part, I will try to present court cases involving statutory interpretation and which interpretation prevailed.

Before this I will provide a shot history of general law and its relationship to social contract theory and moral philosophy. The influence of Dr. Henry Morgentaler on the evolution of abortion law will also be explored, as he is responsible for much of the progress made in the area.

The short-term effects of heroin abuse appear soon after a single dose and disappear in a few hours. Following this initial euphoria, the user goes "on the nod," an alternately wakeful and drowsy state. Mental functioning becomes clouded due to the depression of the central nervous system. Other effects included slowed and slurred speech, slow gait, constricted pupils, droopy eyelids, impaired night vision, vomiting, and constipation.

Consumers ought to be as confident as possible when making purchases in both own and foreign countries and this can only be attained by a well planned and implemented consumer protection laws and regulations. Thus it is the duty of the leaders from both the EU and the respective member sates to ensure that their people are well protected and safeguarded against any harm that may emerge from the marketplace.

In its paragraph 6, the verdict makes observation of the fact that many believe that the advantages of mediation or of ADR have not yet been sufficiently demonstrated.1 Although not exactly the same, ADR and mediation are interchangeably understood as synonymous.

At the time the lease agreement was made, that is in 1994, the industrial park was a thriving and much sought after location for light commercial and retail use. However, presently, the park has many vacant units and many of the let ones are only used for storage.

Another difference between the two types of laws is that in criminal proceedings, proof beyond a reasonable doubt is required to obtain success in winning a case. In a tort case, success can be achieved by providing proof based on a preponderance of evidence.

Brown which would have been "different from [the damage] suffered by the general public,"2 which would constitute a wrong that is identifiably a crime under torts law. Mr. Brown's case is indeed special because he was allowed to find a document not available to the general public.

It is increasingly recognized that drug treatment in the criminal justice system is effective in reducing drug use and criminal activity, probation hostels tend to be an underused point of intervention. Despite the evident differences in working cultures and values between criminal justice and drug treatment agencies, there are potential benefits to treating drug users in the hostel environment.

Problem oriented policing model focused more on the problems that caused crimes and development of strategies to solve these problems so as to reduce crimes. Intelligence led policing model is the outcome of increased globalisation and easy access to different countries and development of information technology, which resulted in more organized crimes, which had cross border foundations.

We know we have the right to remain silent and have a right to an attorney. Yet, the Miranda decision was far more reaching than the few principles that are read from a card. It reaches back into history to establish a precedent and presents ongoing dilemmas as it faces new challenges for the courts and law enforcement.

It is worth noting that in all three cases, the parties involved failed to commit their agreements to written form. Though verbal contracts are technically enforceable, the proof is hard to come by unless two disputing parties manage to agree to the facts.

Each superpower continues to use the threat of force to deter attacks by other superpowers on itself or its allies; its deterrence ability thus serves an indirect, protective role, which it can use in bargaining on other issues with its allies." (Lechner and Boli p 80).

Money laundering needs to be understood by all those involved in the financial system. Money laundering is defined as a process which a criminal engages in a series of financial transactions that attempt to hide the origin and ownership of property obtained by illegal acts in an attempt to increase assets under the disguise of legal sources.

“Since 1980 industrial relations law in the UK has adopted an anti-trade union stance and has been too restrictive. The present government has taken some steps to redress the balance but what is needed is a radical overall of industrial relations law which provides a framework which is workable to both unions and employers.

According to the US History Encyclopedia, Freedom of the Seas is a principle that governs unrestricted access to the high seas and to waters outside of national territory. It is the right of all peoples to travel unmolested in international waters in both war and peace.

In order to answer both questions, and consequently determine whether the aforementioned statement correctly describes the legal situation, this essay will first describe the concept of nullity of a company by describing the concept, determining the legal entity that it refers to, and determining the effect that the concept will have on such entity.

Geography and religion play crucial roles in this study, since zonal culture is the chief factor underlying. In civil law countries jurisprudence is a technical term referring to a settled course of judicial decision. Analytical, philosophical and sociological jurisprudence are all colligated as positivism.1 From the ancient history till date, law is something framed by males, in which certain considerations and concessions are awarded to women hood preserving the right to make law in the hands of males.