Law Essays

A very important facet of the Human Rights Act 1998 is the definition that it provides regarding a public authority. On occasion, the UK authorities are not above infringing the rights of the public. Such individuals can initiate action against a public authority, under the auspices of the Human Rights Act 1998.

Popper breached his director’s duties to Electrics Ltd by allowing the company to buy a land which will soon devalue. Had he not been aware of the zoning regulation that will lessen the value of his daughter’s property, he still acted with negligence on the matter because had the seller been another unknown person to him, he could have acted otherwise.

In Australia, subsequent to the 9/11 attacks, border protection became an issue that was of benefit to the coalition and useful to the Howard Government in the elections.27 The restrictive public policy with regard to immigrants is echoed in the decision stated above and has been similarly echoed in other cases such as that of Al-Masri.

The new provision does not only raise the question of what happened to supremacy (as opposed to primacy), it also offers the opportunity to recall the different aspects of the principle (B.) and to reflect on the role and the function not only of the principle but also of legal scholarship in shaping the principle (C.).”

Gambling on tribal lands is not subject to state and local taxes; therefore it adversely affects the overall revenue of the state in which they thrive. There is a lack of data on the revenue because the tribes are not obligated to report their earnings to any U. S. governmental resource, thus it is difficult to assess the actual damage.

Differences in the asylum policies of European countries can be attributed to two distinctive methods of policy formulation: active involvement of all the community institutions (community approach) or direct consultations between member-states of the EU (Guild, 1996:3). In context, reasons of why people migrate in the first place are: employment and political reasons.

Contracts that are legally enforceable include several essential features, which could be either implicit or explicit, a promise to supply something or to do something, and agreement and an exchange of money for goods or services. These essential features have been examined and defined by the courts as offer, acceptance, and consideration. Scottish law goes a step further and insists upon the presence of consensus ad idem.

Equity permits a judge to use his or her discretion to ease justice into a judgment, should certain facts be in play. This is frequently seen today with contracts, where the equitable doctrine of promissory estoppel plays such an important role. Equity and its development are something that all law-abiding citizens should be proud of.

The hotel selected by George, namely, Ocean Retreat Hotel, from the list in the brochure, was declared to incorporate heated swimming pools, babysitting service and was stated to be located in immediate contiguity with the beach. On arrival at the hotel with his family, George discovered that the Ocean Retreat Hotel was not situated near the beach.

Implied terms exist in contracts, as they render the contract enforceable. Some of the implied terms are of such great importance that they need not be in writing, because they are specific to an employer or type of work. Some of these implied terms become a part of the contract due to custom over a period of time, although they had not been clearly agreed upon by the parties.

This program provides funding to PSN Task forces to (1) aggressively promote the message that all firearm-related violent crime will be met with strict enforcement and swift and certain punishment; (2) to encourage citizens to work with local, state, and federal law enforcement to address firearm-related violent crime within their jurisdiction; and (3) to promote gun safety at the local level.

In order to understand the value and usefulness of crime statistics, it is necessary to understand the bounds and conventions of statistics of the police crime. It is also important to understand the different types of external variables which may affect the police crime statistics.They include the procedures used by the police in the collation and compilation of crime statistics and rules followed in the production of crime statistics.

Public International Law may be defined as a concept to grant rights and responsibilities on intergovernmental international organizations and even individuals. To qualify as a subject a state had to be sovereign i.e. it needed a territory, a population, a government and the ability to hold in political or foreign relations.

Although the court did not directly say that the police can be held liable for its actions and inactions when handling certain cases, the fact the court allowed the plaintiff to file suit against the police is a clear indication that the exclusionary rule which affords blanket protection to police officers does not apply in certain cases. Police officers performing their duties may be sued for alleged negligence and breach of the duty of care.

In the Dagenais v. Canadian Broadcasting Corporation, 1994 is the leading Supreme Court of Canada's decision regarding the publication bans and how they are related to the freedom of speech. It was decided that judges have the right to enforce publication bans. This is called common law discretionary.

The authors specialize in counseling and personnel services and their primary focus is on the emotional and psychological wellbeing of crime victims. They are active members of victim support groups and are currently planning to build their own victim-witness assistance program. The article focuses on the comparison of formation and performance of a victim-assistance program in the UK and U.S.

With at least three certainties of a felony, the appellant has imprisoned a life sentence with a minimum probability of earning parole. Whereas to some fellows, it seems like counteractive actions are important, there is another group of people who, to them, everything is null and void, there is nothing important or advantageous to them.

Social agreements are the agreements that are just promises between two or more persons or parties but do not enjoy the status of the contract. For example, one person invites another at his office to have dinner with him, but if he fails to host dinner, no legal remedy can be demanded, as it is a social agreement in nature.

Competing governmental interests may fall under the following: false conflicts, when only one state has an interest; true conflicts, more than one has an interest, and; unprovided-for when no states are interested to apply its law (ILO 2005). The only competing interests here are State A, where the defendant resides and State C, where the action is filed. On the basis of theses different approaches, the court should apply the law of State A.

Rule 5 or equivalent reinstatement concept is complex in nature. Tribunal has applied various yardsticks in each case as regards to “equivalent reinstatement.” In “Wilkinson v Middleborough Borough Council”, it was held that rule 5 was not applicable as the claimants had not made the onus of proof that there existed no general demand or market for property for carrying out the practice of the veterinary surgeons.

The greatest risk for incarceration comes from those with a history of imprisonment, especially with the inability to reintegrate with their past lives, from reuniting with past relationships, holding parental responsibilities, and establishing themselves independently, which all brings great strain and anxiety to the person, increasing their risk for recidivism. This is in addition to the influence of incarcerated parents on their children.

The Commission has been adept in perpetuating its power and recent literature has recognized, particularly its role the steady evolution of the European Union (Grande, 1996). The mandate by which the Commission is allowed to operate is broad. But the political dynamics at work in the territorial constituencies of its member states remain as the strongest challenge to the present and potential authority and jurisdiction of the agency.

The court will then may impose fines or can take some other measures to safeguard the interest of the claimant. Apart from this, there can be severe loss of reputation which may hugely impact in the future ventures (Qfinance, n.d). Hence every possible resistance and circumstance must be considered before signing a contract.

A range of legislations, regulations and plans guide the work for protecting the Great Barrier Reef Marine Park. Among those regulations and legislation, the primary act related to the Great Barrier Reef Marine Park is the Great Barrier Reef Marine Park Act 1975.

The domestic courts of the UK have construed this to imply a modification of procedures and systems, in order to comply with the EU order1. This development has been considered by a section of the constitutionalists as being an extraordinary development. However, the courts have treated such evaluations as mere exaggeration. 

The main aim of the Amended Act of 2000 is to make it compulsory by law for the public authorities to foster a sense of racial equality and to address the larger question of elimination of unlawful racial discrimination and the need to provide equality and good relationships between people of different racial groups.

The parties subsequently agreed that the property should be sold at a price calculated to achieve a quick sale. On the application for sale, the judge at first instance the judge in making the order made a declaration with respect to the applicant’s interest and allowed some credit for the respondent’s financial contributions to the property.

The Court balanced the property and privacy rights of the people against the legitimate needs of law enforcement and divided the world into three areas, those that could only be searched with a warrant, those that could be searched or seized with probable cause and those that could be searched without either probable cause or a warrant.

The applicant was applying for a judicial review of the local authority’s decision to grant planning permission for the development of neighbouring land that was near a Special Protection Area. The decision to grant the permission was given during the election period despite the fact that the authority had been told to suspend any such decision until after the election.

One of the legal texts that most support the above effort is the Employment Equality Regulations – firstly introduced in October 2006. Apart from this legislative text, the following laws support the effort for the limitation of discrimination in the workplace: ‘the Equal Pay Act 1970; the Sex Discrimination Act 1975;

Though the U.K does not have a written constitution it includes both legal and non-legal constituents. The most significant class of non-legal constitutional rules is the constitutional conventions that prevail in the U.K.

According to Section 3 of the Unfair Contract Terms Act (UCTA) 1977, a party that drafted the standard form cannot exclude certain liabilities from breach of such contract or absolve the party from liabilities when the performance of its obligations is substantially or totally different from that what is required or expected of him or her.

It has been proven that restorative justice is one of the best ways to foster an environment where young people are fully aware of the true consequences of their actions. This evidence should not be dismissed. Rather, it should be carefully analyzed and the United Kingdom’s justice system moves forward, we should pay careful attention to restorative justice and continue to foster its development -  not for us, but for the next generation of British leaders.

An introduction is given along with the types of threats that the company may face. Then, physical infrastructure has been discussed with suggestions about surveillance security. User authentication and access control policy has been taken into account. Then, network policy has been discussed and recommendations have been given. A business continuity policy has been discussed. The cost of recommended items has been stated along with installation charges.

There are pros and cons to the existence of a “dark figure” of crime. Its existence provides a complementary and more comprehensive account of the crime. More reported victim attacks shrink “dark figure” and it will reveal the true-crime picture of the country. However, it will generate a high rate crime scene which is disadvantageous on the part of the people.

In a large number of offences, however, a prosecuted may face convictions even though his behaviour was unintentional, was not aware, not reckless or negligent, as regards to a necessary element of the offence charged. In such cases, an individual is liable to face punishment though there may be a total lack or absence of any wrongdoing. 

Multidimensional Treatment Foster Care (MTFC) being another aid in a stage after probation, developed at the Oregon Social Learning Center, provides highly trained foster parents, intensive support, and a tightly structured program. MTFC sets a goal that ensures better peer associations and the development of both academic and professional skills.

They can arrest, command, investigate, or advice the offenders depending on the level of the offense. Community policing is another effective approach to curbing juvenile crime; residents are trained on how to identify suspicious activities, and thereafter reported to the police. Nevertheless, effective juvenile justice and the policing system are necessary to curb juvenile delinquencies. 

A counterargument is that in a place that is already one of the greenest cities in the United States, and one where two-thirds of wastes are already recycled, the imposition of a ban on recyclables is not only unnecessary but may rub residents the wrong way and be a disincentive to further recycling.

The Bill of Rights remains the foundation of American laws that protect the freedom and rights of individuals. The founding fathers had desires to ensure that citizens would be protected from the excesses of the federal government. The Second Amendment was passed to protect the right of citizens to bear and maintain weapons. 

Best practice models include program models that have been shown, through rigorous evaluation and replication, to achieve target outcomes”. This paper discusses 16 criminological best practices for crime prevention, including those for policing, deterrence theory, gun control, rehabilitation, domestic violence, dealing with drugs. 

The Contract Law provides for the voiding of a contract by reason of misrepresentation. A misrepresentation is made if there are statements made before the execution of the contract that led to its formation. The representation made by one party is done to induce the other party to agree to enter into a contract, making it a false representation. 

Act failed to create distinct and fair labeling for crimes with significant moral difference and degree of culpability. Therefore, its lack of coherence and specificity has contributed to the legal dilemma where laymen, lawyers, and judges clash in statutory interpretations—making it a potent target for reconstruction to erase its badges of antiquity, unsuitability, and ambiguity.

The company faced diverse management dilemmas totally different from what it was used to before the acquisition. Changes in management challenges occurred because of domestic and global expansion. The financial press also published such news items. The organization and financial level changes became predominant.

In this case, the court finds it noteworthy to pass damages where the staff gets compensated for any losses occurred but the contract is still binding to the parties involved, in this case, scenario, the company would compensate the staff for the damages caused as a result of relying on the effectiveness and efficiency expected to be portrayed by the management but not portrayed.

Specific performance is essential for the determination of liability. First and foremost a contract contains a legally binding agreement between parties which reflects the extent of the agreed bargain and its terms and conditions.  

The result is that the shipowner/carrier is ultimately liable for damages and losses if there was a latent defect in the ship, its crew, and/or the manner in which it stored or transported its cargo. The imposition of the implied duty is significant since the cargo, once it is dispatched to the port discharges the vendor of his or her liability for damages or loss.  In the absence of an obligation to perform due diligence.

The Chief Justice puts the facts of the case forward, makes known his views and calls on each and every one of the Associate Justices, in order of seniority, to give their own views and reasons for their decisions. The Chief Justice then declares the majority opinion and assigns the writing of the majority opinion to any of the justices although if his view coincides with the majority, he can write it himself.

The crux of the issue, which would find favor with Courts, would be the degree of care taken by the various parties. Here acts of both commission and omission are culpable and a party cannot claim exculpation based on his reading of the situation. The degree of care and prudence need to be what ordinary persons, faced with similar circumstances would have taken recourse to do. In the case of Dominion Tankers Ltd. v. Shell Petroleum Co. Ltd.

Date rape cannot always be avoided but nevertheless, there are certain things a girl can do to minimize her chances of being raped. Firstly, set sexual limits - it is your body and no one has the right to force you to do anything you do not want to do. The sooner you communicate firmly and clearly your sexual intentions, the easier it will be for your partner to hear and accept your decision. Avoid giving mixed messages.