Law Essays

The different employee hiring policies that exist in Maryland and the US in general influence different business entities. The influence on the private security sector is, however, of great concern. The different employee hiring policies lead to immense effects on private security in the State. These policies influence all the functions of the hiring process.

Individuals, small groups, and very large criminal organizations transact drug-dealing activities. The composition of the drug dealers is made up of producers, wholesale markets, and a network of couriers, laboratories, and retailers, as well as additional units, such as extortionists, killers, and the money launderers.

Both in its liberal and simplest form, police discretion can amount to a miscarriage of justice because of several factors, such as police officers’ attitudes, environmental, legal, situation, and others. Without a doubt, police officers have been implicated in several controversies concerning miscarriages of justice.

Sally may, equally argue that she did not know that Denise would fire the gun given that she had promised her that the gun would not be fired. In the case of DPP V Maxwell, the court found the defendant guilty despite the fact that he did not know that the terrorist would use explosive a big magnitude.

Copyright laws of software even govern the practice of developing a printed list of software. The law has separate but technical meanings for the acts of copying and adaption even in the context of information technology. Courts face a special issue when a person copies the structure of another work and develops his own version of the work.

In January 2013, BP was sentenced and charged with a 4 billion dollar fine(the largest criminal resolution ever in the history of the United States) after pleading guilty to 11 counts of manslaughter, a count of felony and violation of Clean Water and Migratory Bird Treaty Act for its role in the 2010 deepwater horizon disaster. 

The traditional description of public global law as the directive-managing nations suggests an initial authority concern for the authorized by-laws of corporations in the environmental scene. This is principally for the reason that organizations are traditionally organized at the local, rather than global, levels of management.

Imprisonment can be described as the withholding of an individual’s freedom against their will. This can take place either through lawful means (that is, legally sanctioned captivity) or without authority. The latter is punishable by law and perpetrators are liable to end up in prison as well for such an act. 

Of course there are obvious reasons why the US government may not desire any American citizen who is part of a terrorist cell to evade surveillance. However, after the initiation of the Patriot Act many instances have come up whereby some citizens are falsely accused of having an involvement in terrorism.

Partnerships on the other hand refer to basically to associations of two or more individuals engaged in a business enterprise where the losses and profits are shared amongst them proportionally. this implies a business relationship where at least two individuals own as well as make decisions in the business.

Articles of Rome Statute, the ICC have both combined and explained international crimes, crimes against humanity and that committed against humanity. The explanation has been coherent and explicit and the punishments described in detail in the aforementioned article. Also, the defense arguments are coded in article 31.

Different legal systems have different ways of dealing with this crime, but mostly they rely on on-court action or detention centers for the delinquents. There is an aspect called ‘first arrest’ in which the delinquent is arrested but may not necessarily be tried in court. And over the years, younger and younger children are indulging in crime which leads to a lowering of the average age of arresting children.

The Criminal Cases Review Commission has, since its formation, in 1995, provoked a public crisis of lack of confidence in the whole criminal justice system, which was prompted by high-profile cases such as the Birmingham Six, Guildford Four, Maguire Seven, and so on, wherein Irish citizens were faultily convicted for terrorism conducted by the IRA

When a court finds any of the mistakes in a contract, it will render it void from the beginning in its entirety (McLauchlan 2008, p. 102). This assumes a manner that implies the contract did not even exist. For the validity of a contract to be affected by a mistake, the mistake must qualify as an operative mistake.

Non-commercial circumvention of the copyrighted material has been allowed under the newly created section 296ZA of the Copyright, Designs and Patents Act 1988. However, the non-commercial distribution will only be allowed on a small scale, which does not seem to prejudice the interest of the copyright holders.

In the case Promusicae v. Telefónica [2008] C-275/06, the ECJ ruled that the EU member countries do not have to compel the Internet Service Providers and other telecommunication service operators to provide the personal data, including the IP address of the internet users suspected to have engaged in online copyright infringement. 

Faced with sex differentials, not all feminists advocate for the equal treatment of women by the criminal justice system. It reverberates the views of female inmates victims and opines that the justice process, which is male-dominated is a function of the desire by men to be protective over women (Morash 2006, p. 104).      

Implied terms are useful for the reliability of the contractual agreement with the purpose of ensuring dealing in business, attain fairness and diminish the hardship among the involved parties.  These terms are implied upon the concerned parties in their contractual agreements with the assistance of statutes and courts.

Land does not refer to the ground and soil only, but it includes other things or objects attached to it such as rocks, buildings, trees, etc. There are various transactions involving land while the land is also put to different uses. Therefore, it is essential for individuals to understand various components of land hence their possessions and the right they have to the property.

This report will also look at the factors underlying the choice of the business. The recommendations of this report will be of great benefit to the potential businesspersons. Some of the primary forms of business comprise of the sole proprietorship, partnership, and corporation. Other types of business include the franchise, trust, and the joint venture.

The case provides a clear illustration of an effective judicial system, which does not rush into making judgments based on articles and sections that contravene each other. Thus, the legislature focuses on depicting the majority’s democratic will while protecting the interests of the minority to ensure that there is equal and fair treatment in modern society.

The superiority of the CISG convention in relation to other domestic laws governing sales in various countries has affected its implementation and adoption. However, the provisions of SGA cannot be easily accepted by other countries like the United States or even Canada when it comes to international trade. 

Many people may argue that the UK has no constitution due to its uncodified structure. The courts seem to have more power especially in relation to terrorism, thus protecting the separation of powers. The uncodified constitution seems to empower the executive excessively at the expense of parliament.

Instead of doing the actual job of ensuring that the repairs were done in the right manner Bendy Cooper Co. deceived Ivory Limited. That, first, instead of making the necessary repairs and changing the faulty tools Bendy Cooper Co. did not buy the necessary materials. Secondly, he had implied that the work would be done in two days.

There is a consideration of the theories of punishment, which gives a wider perspective of punishment as perceived by society. Before the eighteenth century, corporal punishment and public execution were critical sentences. Moreover, the same period saw torture as the primary tool for criminal investigations. 

Exploited individuals rarely get to raise a voice or seek legal action against wrong-doers, mainly because of the illegal nature of the transaction itself. The major question now is not whether or not to create a market for transplant kidney, but rather how a free market can be created and the rights of both sellers and buyers be protected. Such a market also raises innumerable ethical questions.

The Child Poverty Act 2010 is undoubtedly a significant leap in the right direction insofar as tackling child poverty is concerned; in as much as the act does not in any way guarantee the eradication of child poverty, it does make it inevitable that the issue of child poverty will forever occupy a central place in social policy discourses (Allamby, 2010).

Functioning together, UCR and NCVS provide comprehensive and detailed data about crimes committed on the USA's territory making valuable contributions to building up a full image of the nation's crime problem including the main trends in crime and crime rate. NCVS was originally designed to complement UCR covering additional aspects UCR didn't cover.

Texting while driving should be outlawed nationwide and the punishment for it should become stricter as this is a serious crime that has a tremendously big negative effect on public safety. Using a cell phone to text while behind the steering wheel significantly reduces the amount of control that a driver has over the vehicle.

There has been a failure during the process of analyzing recidivism data to not take into consideration the risk level of the population being measured. This is because the rates differ based on the population in consideration since a high-risk youth released from a juvenile centre is more likely to experience a higher recidivism rate. 

The discussion shows that victimology is relevant to criminology because it ensures that there is a scientific basis for the manner through which the relationship between offenders and injured parties develop. Moreover, it is a scientific approach to crime which allows for the development of the background of criminal activities.

The government should instead apply the innovative measure to reduce the cost of running public prisons. The judiciary system should be encouraged to offer shorter and less severe sentences to petty offenders. The state and judiciary should apply other correctional programs such as rehabilitation to reduce the pressure on incarceration facilities.

When examining the situation with regard to the holiday it is necessary to examine the conditions under which Simon might be able to bring an action. In order to establish a claim against the company, it is essential to analyze the promises made by the agent in respect of the holiday. This would assist Simon in his claim as he can use the regulation. 

Learning from the mistakes of the past may not really be as easy as we would like to think. History can be tainted with doubts at its veracity and what we believed to be true for so long may not really be the truth after all. In the case of rape, we have believed for so long that the victim is at fault for what happened.

On the facts and the law in relation to passing off and trademark protection Hackyard’s qualify for registration and exclusive use of the terms pink ‘n’ black, the Ace logo, the guitar pick and the acoustic guitar. Had they done so prior to the year 2000 they would have been more secure in the exclusive use of their names and products.

The argument doesn’t solicit to generously enter the US borders every time with a warm and welcoming tenor. The real problem put by the immigration applicants is of greater security, not the economic fruits. At least some immigrants can be given some wonderful training on how to respect and behave like civilized American nationals.

What are drugs? Why is there so much talk about them? Why do people fall prey to them? Are narcotics called drugs? These are some of the questions which are asked by many of us. There is no answer to these questions. In spite of the warning of the dangers and the effects of these drugs, the number of addicts is going on increasing.

The ECJ had initially accorded significant importance to environmental protection in its rulings. Its first decision regarding environmental issues was in the case of Handelswekerij Bier v Mines de Potasse d’Alsace. The Court has delivered several decisions, subsequently, in respect of environmental matters. 

In 2002 {the first year when such information started being recorded}, child safety seat usage among children under the age of 8 in the U.S. was 88%; the figure fell to 82% in 2004 and slightly rose to 84% in 2006. Usage of child safety seats lowers the rate of deaths and physical damage to children in vehicle crashes by 50% and 70% respectively (Child Trends).

In the judgment Lord Neuberger first considers whether the presumption of beneficial interest following legal interests set out in Stack v Dowden applies in this case, as argued by counsel of the appellant. He concluded that it would not be right to apply Stack to this case as the property had been found that the presumption had been rebutted on the facts.

In the said matter, Northern Regional Health Authority v Derek Crouch Construction Co. Ltd. was overruled. In Crouch, the issue was wrongly decided. It was observed in the judgment that clause 41.4 (in Crouch), “cannot properly be construed as giving an interim certificate any conclusive effect in litigation between the parties.

The law of tort may function to complicate matters for the employer. For instance, under the Occupiers Liability Act 1957, the employer as the occupier of the construction site is liable for any defects in the property to third parties entering the site. The liability may also be founded at common law under the doctrine of vicarious liability.

The customers can be deceived and exploited in the name of the law. Thus, they are not bound to comply with all these terms of the implied contract they have entered into. On the contrary, if a court finds that the terms of implied law have been neglected wilfully, it may issue an order for compensation to the aggrieved party. 

According to the case of R v Bateman[1], gross negligence manslaughter occurs when there is a breach in the duty of care due to negligence and such breach caused the death of the victim. In our case, Olly, the fireman is duty-bound to bring the tools that he needs to fight fire and rescue people who are in danger.

The shipper shall be deemed to have guaranteed to the carrier the accuracy at the time of shipment of the marks, number, quantity, and weight, as furnished by him; and the shipper shall indemnify the carrier against all loss, damages, and expenses arising or resulting from inaccuracies in such particulars. 

The numerous decisions of the court in relation to psychiatric injury have created a patchwork of rules and criteria as to when employees may successfully claim damages for psychiatric harm. In deciding cases brought before them, the courts always look back into judicial precedents before deciding the case at hand.

The First Amendment of the US Constitution clearly provides for the exercise of religious freedom. As a matter of course and of law, that freedom has its adjunct or supplementary liberties. Hence, the believers or followers of a religious sect are likewise free to adopt or practice the rituals and ceremonies under their faith orientations.

An easement is an interest in land which entitles a landowner, to use, or restrict the use of, his neighbor’s land in a particular way without giving him possession. It is important to mention that easements can be positive or negative. They have caused considerable problems for litigants and the courts. 

The Supply of Goods and Services Act 1982, requires a service provider to exercise reasonable care and possess adequate expertise while providing services to consumers. The service has to be completed within a reasonable period of time. The professional negligence of one of RRL’s workmen caused damage to the Persian carpet.     

The strict rule regarding performance can be mitigated in certain specified circumstances. In particular, the doctrine of frustration will enable a party to be discharged from their contractual obligations by reason of a change in circumstances. A frustrated contract is a contract which subsequent to its formation becomes incapable of being performed as a result of unforeseen circumstances outside the fault of either party.