Law Essays

On the other hand, the defense attorney takes the initiative to plant a reasonable amount of doubt in the mind of the jury with aim of convincing them to acquit the defendant of the charges leveled against him, mostly his or her client. The jury has the role of evaluating information provided to sieve the truths form half-truths as well as lies. In this case, the jury presides over the trial process and delivers judgment.

From a historical perspective, right from the initial stages of the emergence of European Union, private parties have been endowed with the right to institute litigation on competition rules and the member nations have been mandated not to “inhibit” such actions. However, the European Communities do not have a “EU-wide system” or a set of common rules on how injured civilians can “secure recompense” for the damages they have sustained.

To properly evaluate the constitutional legal order of the EU, it is essential to first define the conception of European law. The Constitutional Treaty affirms the conversion of the two European Communities into a unitary governing structure that is the European Union. Currently, there are primarily two methodologies defining the law of European Communities (EC).

The European Commission in conjunction with the European courts developed the competition policy in Europe, building on a conceptual and legal foundation of promoting market opening and strengthening community institutions. The competition law of the European Union is now in the transition toward a policy based on market-centered economic considerations.

The European Council implements laws in the Member States of the Union by means of ‘Directives’. This device implements the harmonization of laws in the Union. The European Community had a significant impact on the legal systems of the Member States. It regulates the rights and interests of its members by developing its own institutions and a unique and autonomous legal system.  

The Criminal code Act of 1995 (Cth) makes it an offense to access or modify computer data and section 477.3 makes it an offense to impair communications to and from a computer, What Snake is doing in effect is to divert communication from Shark’s site to his own and he would therefore be liable for the offense.

The Act in itself carries no mention of privacy of the personal information of an individual, but contains the means that an individual can use to make sure that privacy is maintained with regard to personal information, for it contains a framework of rules that ensure privacy is maintained through the proper handling of personal information.

The principle of convicting the same offenders for subsequent lesser crimes is far fetched and against the proportionality principle of the Eighth Amendment. The length of the term also is cruel and unusual which is not confined to mode alone. The law exposes States’ incapacity to contain crimes by eliminating poverty and unemployment.

There are residual problems that might impact on domestic stability or stability with neighboring territories. As a result, the concept of self-determination in international law is, in practice, less wide-ranging than might be supposed.  

I could not find a case dealing specifically with the flying of kites over the property. The only cases I found in relation to kites were in respect of the height restriction of kites so as to not encroach on international airspace. As a result, it was not possible to give a definitive answer in relation to the prospect of an injunction being granted.

Supplementing these provisions and equally relevant are the provisions contained in the Rules of the Air Regulations. Also relevant are the provisions contained in the UK Aeronautical Information Publication since Jack navigated his aircraft in restricted airspace. In this context, this survey will evaluate Jack’s conduct and operation of an aircraft.

Additional or future studies are required to build a better understanding of the motivations for cyberbullying among adolescents. This current study is purely descriptive. The small sample size from the High School in Brooklyn, New York confines the representativeness of the findings and indicates the need for studies.

Some people commit dishonest, unethical, and criminal behaviors without a second thought, while others would never consider such an act. Why? What makes them different? Criminologists, sociologists, psychologists, and researches have all sought to discover why human beings commit crimes.

Careful consideration of alternatives can build a public consensus around more effective policies that really hold promise in reducing America's high rates of criminal violence. Politicians should pay more attention to experts when they develop criminal justice policy as this might move it beyond simplistic debates of "getting tough on crime."

All said and done, it is the duty of the law of the land and more than anything else, the judiciary which runs the law in the first place to enact certain measures which are fair and balanced from all sides and which have no potential pitfalls in the event of any circumstance whatsoever. Then only can the aspect of impartiality exist within the lengths and breadths of the society and this indeed is a ‘picture perfect’ scenario from all counts.

Labor was compelled to negotiate with the minor parties and the independent party to finally pass the budget. Likewise, in 1999, a similar incident took place in the Senate in the passing of the Environment Protection and Biodiversity Conservation Act of 1999 of the Coalition parties which saw amendment at the initiation of the minor parties, who once again, played the balancing act.

Hence, there were fears expressed relating to the possibility of ‘increased resort to litigation’ (2006) citing for instance in the field of medical negligence where there is an apprehension that there might be a crisis of US style malpractice

If the court determines that the left of the files in a place readily accessible to other patients amount to a breach of duty with regard to confidentiality, Dr. Smith might face charges under the Data Protection Act 1998 and could be made to compensate Gigi for any damage caused to her reputation as a result of the mismanagement of her file.

In the past, it has been reported that some residents had suffered heart attacks or other serious illnesses as a result of the fear of the looming aircraft upon their roofs has caused. Also, Jack may be asked to pay for destroying something on the farm he abruptly landed on. This liability depends on the action of the farm owner if he/she is interested in requesting for compensation or not. 

Each and every year there are a number of incidents which are being recorded and published under the Health and Safety Executive which collects the figures related to workplace deaths and injuries occurring due to accidents and in most cases ill-health (Dalton, 1998, p.207). In the year 2001 alone the Chinese Ministry of Health received reports of about 13, 218 cases of such occupational diseases, which have increased by 13 percent when compared to previous year (2000).  Among these cases recorded, 2,352 of the workers died due to the occupational diseases. 

Applying the rule of recognition, it may be noted that Molly has been selling her products in the UK, hence she should be able to sell the products in other EC countries. In the Cassis case, the Court made it clear that when certain standards have been applied and found relevant in one member state, there was no reason to reject them in another State without a compelling reason.

The findings from various researches conducted on this behalf indicate that a significant proportion of the offenders surveyed had used drugs recently. The findings are similar across the world. For instance, studies conducted in countries like U.S.A., Australia, and the U.K have indicated that almost 63% to 69% of those arrested for crimes test. 

From there, Roberts went to Harvard Law School, where he was the managing editor of Harvard Law Review (Oyez). This led to a clerkship at the Second Circuit Court of Appeals.  After one year at the Second Circuit Court of Appeals, Justice Roberts began a clerkship for William Rehnquist, Chief Justice of the Supreme Court.

Things have changed, perhaps irrevocably, relating to the subject of crime and punishments, especially capital punishment.  This note will serve as the launching pad for our arguments on crime and punishment. So, shall we proceed with our mini-symposium? 

Furthermore, the judge doubted whether the agreement was a standard form of agreement utilized in the industry and felt that Wayne Rooney’s position as a minor coupled with his lack of bargaining power and inexperience at the time of contractual negotiation operated towards the agreement as voidable.

Mechanical College of TAFE faces a serious challenge from both, Right Pay Employment Agency Pty Ltd and Uni – Garage. It is evident from the facts of the case that Mechanic College of TAFE has concealed the truth about Wes’s previous notorious records about his vandalism, damaging the school property.

With effect from 1st February 2009, new statutory legacies were introduced. For a civil partner / or a spouse with children- if a person dies intestacy, and if his net estate is not more than £ 250,000, and if the civil partner /spouse has survived more than 28 days of the deceased, then he is entitled to receive whole of £ 250,000 or less.  

This paper aims to critically analyse and evaluate the European Union's Public Procurement rules and its underpinning rules and regulations. The paper seeks to attain three main objectives. First of all, to evaluate the framework and scope of the Law, secondly, to assess and rationalise the need of the Law. 

Patent duration which is "the period in which the patent holder has monopoly rights to their invention, the granting of usage, distribution, and marketing rights to others and the right to commercial benefit from such for a specific period" (Patent Duration n. d.) is important to the patent holder as well as to those who wish to market the same product.

According to national security, the laws keep changing, while most of the time it is dealt with in the hands of the executive and is said to be a nonjustifiable issue we have seen how courts have dealt with non-justifiable issues, for instance, reviewing passports; R v Everett and posthumous pardon; R v Bentley.

The ECHR was signed in 1950 in Rome after the Universal Declaration of Human Rights proclaimed by the General Assembly of the United Nations in 1948. It is an international treaty to protect human rights and fundamental freedom in Europe. The HRA is composed of a number of sections that have the effect of organizing into a code or systemizing the protections in the European Convention on human rights and enacting them into UK laws.

By joining the EU, the UK automatically committed to following the EU laws and judgments. This implies that EU law is supreme that laws of the national member states with the exception of several instances where the national law may succeed. In these instances, the UK law will prevail if when expressed passed through an Act of Parliament, through implied repeal or exiting of the EU.

It is estimated that 1.6 million illegal immigrants enter via Arizona alone each year (Buchanan, 2007). The second-largest group of illegal immigrants enters legally and then overstay in the country. The third group comprises ship jumpers – a crew of ships that dock at U.S ports who stay on in the country after their ships depart (Malkin, 2002).

The court will require proof that the parties have reached an agreement on the same terms. Where there is evidence that the sale price or terms of the contract are still under negotiation the court will not deem the contract to be valid until an agreement on the same terms has been reached. The offeror has a duty to pay the agreed consideration once the offer has been accepted.

The punitive measures could be taken against law enforcers for bringing to light a case of corruption by senior government officials, criticizing policies adopted by the law enforcement agency, or even getting involved in conduct that does not meet the employers’ approval. The disciplinary measures could take a varying range of forms including demotion, transfer or in extreme cases, dismissal of the perceived offender.

The main intention behind the creation of the trust is that the devisee or grantee shall convey it, or dispose of the profits, at the will, or for the benefit, of another; an estate held for the use of another; a confidence respecting property reposed in one person, who is termed the trustee, for the benefit of another, who is called the cestui que trust.

Even the rights given to people in the monarchical system were essentially rights given by the ruler and not rights which were considered to be given by default. The impact of the Bill of Rights is alive and well today and while it may not be evident in our daily lives, it is still experienced by many around us. 

This advisory letter assumes significance as there has been a recent crackdown by the Australian Tax Office to target thousands of online vendors who are trading on eBay or the Trading Post. I shall be advising you by making references to relevant sections of the Income Tax Assessment Acts. 

This has greatly affected the effectiveness of the world body’s principal organ to achieve its responsibility as stated in Article 24 of the United Nations Charter. In another case, global change has contributed to the utilization of diplomacy as the primary means of channeling information rather than just mere statecraft.

The facts are that the defendants who had contracted to refurbish a block of flats subcontracted the carpentry work to the plaintiff for a price of £20,000 to be paid in instalments related to the work completed. The plaintiff got into financial difficulties because the price was too low and he did not supervise the work properly.

Prostitution has been legalized in some nations while in others it is seen as criminal behaviour. By understanding criminal law, we are able to identify what constitutes acceptable behaviour and what does not. Upon conviction, punishment is doled out to the offender. There are many goals of punishment. 

The discriminative nature of the censorship policies applied in Malaysian film is yet another drawback to the Malaysian community wellbeing. Through allowing scenes deemed inappropriate in local productions of movies, while limiting the same for the imported productions, the censorship kills the diversity of information as could be disbursed by varieties.

Internet gambling is a controversial way of generating revenue chiefly because the beneficiaries of this service are anonymous. Once an individual acquires the winnings it would be extremely hard to trace them due to their unknown physique. Internet gambling also facilitates pathological gambling. This is because of its convenient access at the click of a mouse button making it hard to control this addiction.

In Publico Ministero v Ratti [1979] ECR it was held that by virtue of Article 189 of the Treaty of Rome, regulations are capable of having the force of law in each Member State if they contain language indicating that the regulation  is ‘unconditional and sufficiently precise.’ The European Court held that Regulations and Directives are unconditional provided they were not subject to some measure of ‘judicial control.’

With the move towards harmonization of UK law with community law, consumers are provided with further protection against defective goods or goods that could cause them injury. The element of foreseeability of injury must be taken into consideration by sellers and warnings provided on products about dangers in the use of such products. Therefore, these measures are significant in ensuring the protection of the consumer.

After much soliciting, he was told that it was not a person but a policeman who got run over by a car and has been taken to the hospital. So, policemen are not even considered a person. Police should initiate to curb this mentality and create a friendly image. People hardly know about the good side of the police and care even less.

They have thus put all the women under a scenario where they could be seen as hostages. As far as incarceration and custodial measures are concerned, women have faced a number of different hardships and their problems have generally been compounded due to a host of distinct reasons.

The decision in Adoui makes discriminatory deportations by Member States more difficult. The convictions of Erich, Helga, Sabine, and Friedrich may provide grounds for deportation by their actions which lean towards illegal activities, but the nature of those actions do not constitute such a flagrant violation of public policy as to merit deportation.

The British system of laws has followed a different and independent course of development, and was partly influenced by the Roman Law. The English are insular people arrogantly nationalistic in spirit from very beginning of their history. Their judges and courts have always decided the cases on the basis of customs prevalent in different parts of the country. 

Accidents in the road, sea, and air are becoming common occurrences, and more so with increasing population and technological advancements in the past decade or so.  These accidents have been investigated by the National Transportation Safety Board (NTSB) in order to assess and evaluate their causes in the hope of consequently improving safety in the travel industry.