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The opponents argue that the best way to reform the existing death penalty laws is to scrap the punishment from our statute books and eliminate it in practice whereas proponents of the penalty maintain that instead of abolishing it completely, it should be reserved for the most terrible /grave crimes and blameworthy offenders.
The last category is Class 2b where there is no presence of automatic presumption. There must be the establishment of a relationship where one party puts trust on the other partner that he/she is going to protect his interests. The relationship between a wife and a husband or the one between an employer and employee fits this description.
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Before all the digital evidence retrieved was packaged for transportation, the investigators ensured that every piece of the computer system and its components were properly documented, labeled, marked, photographed, sketched, and recorded. The browser history, comprising of URLs of child pornography was also recorded.
The application of this plan will enable the protection of the IMDEX Asia boat and its contents. Providing a better way of ensuring that the object is tracked and all its locations obtained. These will help protect it from any counterterrorism aid, counter-narcotics aspects, the military proliferation aspects, and the weapons system performance.
Lord Sumption makes the following statement, “It is not abused to cause a legal liability to be incurred by the company in the first place. It is not abused to rely upon the fact (if it is a fact) that the liability is not the controller's because it is a company. On a differing opinion, incorporation ideally, entails such aspects.
The parliament is in the process of reviewing the manner, which the police, parole, probation, as well as prison services, arrive at a balance in the protection of the public and the rights of individuals. In some conditions, it will conduct legislation to ensure that the protection of the public earns the first priority.
There is an obligation for our client to submit all the evidence that shows that the contractor made mistakes. This could include expert evidence and once it is forward to the architect or contract manager, they have an obligation to inform the contractor and get the contractor to accept responsibility for the failures and issues.
Chris, Samantha’s ex-partner also encounters Paul, who claims to be a beneficiary under a trust. He seeks payment for invested money while renovating the property they shared with Samantha. The idea of their relationship hints about co-ownership of the property. Chris's financial contribution earns him a claim on the property.
It is common knowledge among politicians about the popular ‘democratic deficit’’ within the European Union and most of them acknowledge its existence. The majority of them are also aware that the EU has some weaknesses in its institutional framework and thus requires to be reviewed for more democracy and accountability to its citizens.
Mr. Jawad is vicariously liable for the wrong committed by Mr. Owais against the company. As an executive director, Mr. Jawad is required to exercise a lot of care to ensure the investor’s resources are utilized efficiently in order to generate more income. The target of the company was to establish itself in various companies besides the UK.
This case clearly shows the importance of proper collection and analysis of evidence in a crime scene to ensure that there is the proper conviction of a case. Police officers as first responders need to have considerable knowledge on how to handle a crime scene. They have a big responsibility when they are the first people on the crime scene.
Following the identification of an unknown item in the garage, the Preston museum validated the item to be a valuable treasure. Based on the treasury act of The United Kingdom and the individual who comes across an object that he or she perceives to be valuable should submit it to the relevant state authority in order to validate its value.
Compensatory damages are awarded in the equivalent of the money which will allow the injured party to acquire what was promised somewhere else. Restitution compels the party who breached the contract to pay back the aggrieved party. Punitive damages are intended to punish the party who breached the contract.
The direct effect refers to the principle of European Union Law conferring rights to individuals that the member states of the European Union are required to observe and implement. The role of national regulations is to protect the interests of the individuals and provide remedies where individual rights are infringed.
The commission’s plan of actions and recommendations to avert a debt crisis was very vast and in-depth. Moreover, most of the commission’s recommendations were in alignment with the rule of SMART (specific, measurable, attainable, realistic, and time-bound). There were some recommendations in which their practicability can be a hurdle.
The law systems have the responsibility of upholding justice in society. There have been critiques of the factors that motivate liberal jurisprudence. The Marxist theory of law is concerned about the role of law in addressing the structural inequalities that are a common feature in capitalist societies.
The verdict of the judiciary on properties that are considered tangible is presented in the Re- London Wine Co. as explained by Oliver J; a trust is created after certainty is ascertained in property attachment and the beneficiary’s interests. A trust should only be created when the property is identified by the owner.
The rule of double jeopardy has been misused by the defendants in fact has only provided benefit to the offenders and lawbreakers. This law has been protecting criminals at the cost of justice dispensation. The introduction and implementation of part 10 of the Criminal Justice Act of 2003 have repealed the rule of double jeopardy.
Lucy had appointed David and Jones as the trustees of her deed of covenant. They were to act as intermediaries that would foresee the transfer of Lucy's assets to her successors. Lucy had already filled the forms that foresaw the transfer of shares to her next of kin and her land parcels to Molly and Sebastian according to the stated terms.
According to Nordquist (1985), the role of implementation of the UNCLOS is played by organizations such as the International Maritime Organization (IMO), the International Whaling Commission (IWC), and the International Seabed Authority that was established by the UN (1985). Further, the agreement established maritime zones between the coastal nations.
Suppression of Unlawful Activities on Sea (SUA) act covers numerous maritime crimes entailing maritime terrorism, illegal fishing, drugs and human trafficking and water environmental damage among others. The Vulcan case resolution is dependent on the international law of UNCLOS, signed treaties, and national laws of Australia.
Questions like how predatory banking can be recognized and regulated or can the set regulation do away with the generalization nature of various mortgage products, usually arise. Also, what capacity of standardization of mortgage loan is necessary and its limitation, as well as the securitization regulatory limits, is another question that begs.
Weak antiviolence laws against women have contributed to abuses against women and high incidences of forced marriages in the country. Despite the legal structures established in the countries, judges have been blamed for showing a lack of interest in prosecuting cases of violence against women as a way of demonstrating their commitment to the elimination of the vice.
The England and Wales court system hierarchy provides order in which power is upheld. The highest in the rank has the highest power. The Supreme Court is the final decision maker and handles any matter that proves difficult within lower courts. The court system puts into consideration the complexity of the matters and handles criminal and civil cases differently.
In general, if the defendant’s conduct constitutes negligence, the English courts consider the following elements: (1) whether the defendant to the plaintiff bears the duty of care (duty of care); (2) If the answer is affirmative, then consider whether the defendant breached its duty of care (breach of duty of care);
The importance of Chinese immigrants to Canada is very vital since they have the skills that Canada needs. The head tax discriminated against the poor since the amount was a flat rate. The poor were not considered if they could afford the said amount and the fact that they did not know if the new immigrants were capable of paying or not.
Every country has the right to guard protect their territories and to protect their wasters in terms of economic and environmental interests. This is well outlined in the UNCLOS codification. This must be done within the guidelines and there is a necessity to make sure that the way nations handle these issues when they arise.
This assignment also focuses on the numerous ethical dilemmas that the police constantly faces when exercising their powers of discretion, two main types of corrupt police officers and different roles that crime fighters and public servants have that differentiate them. For instance, a crime fighter in most cases has an enemy in the name of a criminal.
Both the parties Anne and Brian possess their respective rights and responsibilities that would help them to solve the problem. As Anne has purchased the house, therefore she possesses the same right to the passage equal to that of Brian. Brian is not liable to put a gate across the passage in order to restrict Anne from passing through the passage.
There exists a clear boundary between partnership firms and private limited companies. In addition, the essay cites various legal judgments that added a lot of emphasis on the aforementioned distinctions. It is important to note that the two forms of business units have their own advantages and drawbacks.
Intellectual property rights offer an opportunity for a newly developed and useful concept to be protected through the owner or generator of the concept or idea being granted exclusive rights. This is useful for ensuring that the innovator of such an idea is able to enjoy the fruits of the efforts applied in developing the new concept or idea.
Companies and organizations need to apply legal concepts' of business with the application of employment laws to ensure that employees and other external factors affecting a company's operations work under legal standards. The use of legal factors in the operations of various activities within a company ensures efficient productivity for goods and services.
The gender pay gap in Canada, is a manifestation of the height of unfairness in the employment sector. Organizations in Canada continue to pay women less than men against the principles of pay equity that advocate for each person be treated fairly and as an equal person in spite of their gender. Poverty continues to strike women in the society
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The research paper has also examined the success rates of the female officers and male police officers doing interrogation on suspects in the investigations room. It is important to note and mention that the ability and success of retrieving information from a prospective suspect or victim of a crime rely on the natural abilities of a police officer other than being strictly professional.
It also focuses on Roz who had just graduated from University and was hired by Softy Furnishing Ltd. She had some ideas on how to recreate the brand and modernize it. Her ideas also included a change to the existing working practices at the firm. However, when Roz tried to implement her ideas, she met resistance and discouraging issues.
Terrorism as a phenomena is rejected by the global community regardless of the individuals affiliations and this is largely due to the fact that terrorism comes in conflict and contrast to the human rights and basic values of freedom to live. The terrorism based ideas aim to enforce their ideals and ideology through force.
The case of Ms. Dano and her son against Jobcenter Leipzig mainly equates with the EU based laws and regulations focusing upon equal treatment and free movement of the EU citizens. Per the equal treatment and free movement policies of the EU, nationals within the EU regions would be bestowed with the opportunity to get employment.
This essay has explained Criminal law as a substantive sense as a body of statutes and rules or norms promulgated formally by specific organs of the governments over which their contraventions would warrant punishment after prosecution by a specific prosecuting body and involving criminal procedures where officially formalized activities are carried out.
Breach concerning duty of care applies to the care standard ought to be initially provided in a specific situation. This translates to negligence if an organization or an individual from there fails to perform as expected standards that should be applied. The management team for this reason has the mandate to see to it that organizations activities are at par.
A review of the case based on the legal tools and provisions available to the judges at the time they made the ruling reveals a great attempt to coalesce a large number of fragmented laws and directives that have previously made it unclear how EU citizenship is governed. The review concludes that the judges made an accurate ruling in the case.
The rule against double jeopardy was effected after a series of considerations. The main reasons why the rule was effected was to safeguard justice to the public when new evidence has been discovered. It is noted that the main objective of criminal law is to safeguard justice by punishing the offenders.
When weighing the pros and cons of allowing it, it is clear that it should be allowed, as the pros do not hold water against the issue. Most of the individuals that oppose it are the religious individuals and activists who represent human rights. From a general viewpoint, the death penalty can and should be applied to improve society and overall security situation.
Proving gross negligence manslaughter does not necessarily mean an illegal act has been done: rather, the crime can suffice where the accused engages in a legitimate business in such manner that painting the actions in criminal light is seen as missing the point. As such, the crime can also be committed by a failure to do what was expected of the accused.
The Supreme Court was able to make a landmark decision, regarding this concept of Euthanasia, or assisted suicide. This was in the case of Carter vs. Canada. Under this case, the Supreme Court was able to strike down, the legal provisions that prohibited the commission of assisted suicide in Canada. This means that as from the year 2016, assisted suicide in Canada will be legal.
United Nations Convention held in Vienna in 1980 on Contracts for the International Sale of Goods famously known as “CISG” offers a uniform, update and fair regime for contracts pertaining to the international sale of goods. CISG bestows meaningfully in offering certainty in mercantile transactions thereby minimizing transactions’ costs.
The consideration that a jury is to make hinges on whether the evidence that has been presented to them supports a finding of guilt “beyond a reasonable doubt.” How one considers this standard is not necessarily consistent because as humans we all have our own subjective ideas about what is “reasonable” based upon our individual experiences.
Every country acknowledges this reality. Several constitutions have clauses on Commercial and Negotiation Laws. They trim trickery and ill intentions in the industry. They create justice in the market, protecting both the sellers and buyers from malpractice. One party may unfairly gain huge profits from a transaction involving the second party.
Dworkin, in law as integrity, objects the idea of a judge voicing his or her moral or political beliefs. The use of other interpretations and decisions from similar cases prior to interpreting the current case is a constrained process. The judge in the aforementioned scenario only constructs a new law from existing law.
A victim of misleading behavior can claim damages, which can be in the form of monetary compensation. The measure of damages in the consumers’ law is the same as in tort or contract law. According to the Consumer and Competition Act, people who contribute to the damage or loss suffered will receive fewer damage amounts if the courts grant it.
The United States can use drone action in accordance with international law, in cases where applied military force is against terrorist groupings like al-Qaeda, al-Shabaab, or Taliban. Future US governments should install military drone projects which allow public scrutiny so as to adhere to the rule of law.