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The executing of the plan requires six steps, they being: educating and creating awareness among users of cyberspace, producing more secure technologies, developing a large and well-qualified cybersecurity workforce, fostering responsibility among individuals for security at all levels, increasing accountability, etc.
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Other forces used to engage in sexual activity, e.g., physical or emotional violence, is also considered sexual assault. Forcible rape is the female’s carnal knowledge by force and against her will. The attempt to or assaults to commit rape through threat or force are included. It excludes statutory rape.
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Some of the crimes which make the offender eligible for registration are: rape, assault to commit rape, lewd behaviour with a child under 16 years of age, sexual molestation of a less than 18 child, statutory rape, and even possession of child pornography (IPS, 2009, 1)
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If students were allowed to carry guns, there is a high probability that the number of victims would have been lower based on the fact that they would have used their weapons to overpower and probably kill the shooter before he could cause more damage as he did. Most of the students tried to escape through the windows.
The author states that being the first to manufacture and put into commercial circulation the bag, they have acquired trademark rights on it. Trademarks and service marks are words, names, symbols, or devices used by manufacturers of goods and providers of services to identify their goods and services.
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.
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.
The author states that the duty was described by Lord Denning in Wheat as ‘simply a particular instance of the general duty of care which each man owes to his neighbor’. In respect of Florence, it is clear that a common duty of care was owed to her by Eric whereby care should have been taken.
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This type of short-term loan is now becoming an option to some of the Americans who are experiencing monetary difficulties. Although this has been offered by some companies for years now, there are many concerned consumer advocates who are discouraging people to patronize it, accusing tax services companies of an unfair collection of fees.
There is a strong reason for wanting to believe that the present American tort law supports the basis for the economic analysis of the law. This particularly relates to the section of economically analyzing the law often called wealth maximization stating that there must be equality of positions between the plaintiff and the defendant.
However, it is an effective way to confirm the risks involved in workers who use such illegal drugs and to ensure a healthy work environment. While some may argue that such action by the employer is intrusive to the privacy rights of the employees, it is indisputable that when safety and productivity are compromised, then there is no legal violation that the former commits (Moore, 2010).
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.
Piracy, counterfeiting, and intellectual property crime pose significant threats to businesses as well as consumers. The trend has been persistent in the last years in Europe and the entire global world trade. In the last few years, the political structure of Europe has undergone changes and there has been an increase in the globalization of world trade.
The resulting Contract Act 1999 brought into force that reports of the Law Commission (1996) which allows third parties to enforce the contract and be able to sue for breaches subject to a few conditions. This brought forth a welcome wave of statutory protection for third parties which previously were entitled to benefits under that contract but still could not enforce it due to lack of consideration.
Just because TWD developed the website does not mean that they have any sort of control over the profits that will be generated through the download of the band’s songs on BitTorrent, any profits that the band may earn, or any royalties on the music or images provided to TWD, as these rights all belong to other people.
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.
In his book, Theory of Justice, Rawls states that according to liberalism, justice is the first virtue of all social institutions. It, therefore, does not matter whatever virtue is, it is always connected to what we perceive to be the good life that everybody aspires for, The goal at the end of everybody’s pursuit of happiness.
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Yet, as humans gained access to printed works, societies and individuals have been actively contesting what is true and correct and what is false and wrong. The Trial begins as K. suddenly wakes to find himself accused of slander and interrogated before his breakfast. Like a rational person, K. seeks to learn the exact nature of the charges and who has brought them.
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The purpose of the bill of rights is to balance the authority and avoid any abuse in discretion against the government as they practice their police power against its citizens. The concept of this right emanates from the most basic right provided by the Due process clause, that is, the right to life, liberty, and property.
According to the findings, it can, therefore, be said that Simon wants to have as a feature a guest appearance by a glamorous and high profile celebrity in order to boost the screening figures and to acknowledge the insight of business and global appeal on his reality TV show “You’re Hired!” He decides that Lady Gaga would be an ideal choice.
Two years ago Edward inherited the family estate. Since he prefers to live abroad, he split the land into four parts and sold them to Ady, Banjo, Chloe and Derek respectively. The conveyances all had similar terms including a covenant forbidding the purchaser to build a structure of more than two story’s high on his or her land.
The conclusion from this study states that applying for permission or granting planning permission by the local authorities are extraneous to these contracts since the performance was not contingent upon granting permission by the local authorities. Therefore, both the cases have been analyzed with reference to the merits of the contracts, and advice given accordingly.
Even if the BUPA bosses succeed in proving the above, they will have to prove that section 10 of the employment contract is reasonable in subject matter, locality and time (Nordenfelt v Maxim Nordenfelt). An employer is not allowed to restrain an employee from carrying on a business that is different from that in which he was employed.
Lawrence West’s accusation is that CPR post-Woolf Reforms has been a disaster to the civil justice system as litigants are literally prevented from approaching courts because of the burden of pre-action protocols. On the other hand, Judge Charles Harris directly answers in the negative except for the complexity.
Both American and European cultures highly prize work as an indispensable component of civilization and as a ‘strong thread’ in the social fabric (Gompert & Larrabee, 1998). Although there are some minor differences, both the US and the European Union workplace are governed by civil, constitutional, and statutory rights of the employer and the employee.
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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.
However, this doctrine of specific performance is rarely a remedy in construction cases. If a contractor fails to perform or renders defective performance, it is unlikely than the owner will want the court to order the same contractor to continue the work. Instead, contract damages are the primary remedy in construction cases.
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Compared to the civil law of legal system, countries those who have common law would have the capacity of providing better protections for their investors and have more developed financial markets. In this context, if we compare the legal institutions of English and French, the former one is superior to the latter.
"The real question that has to be decided," Professor Coase writes, "is should A be allowed to harm B or should B be allowed to harm A? The problem is to avoid the more serious harm." The question is which is the greater harm, and how should we avoid it? We have to consider both sides, and we should find the least costly remedy.
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The author states that we hear about crimes day in and day out in the news. But what really is a crime? What makes certain acts criminal? What makes a person criminal? A definitive answer to these questions is elusive. The generally accepted definition of crime defines it as an act or omission that leads to penal sanction.
In respect of the current situation, PC Smith arrested the youth on the suspicion of the commission of an offence which he had been informed of by PC Todd. Furthermore, reasonable suspicion arose because of matching of description and therefore the criteria under the Police and Criminal Evidence Act 1984 section 24(3) would be said to be satisfied.
Alternatively, if the debtor disputes the debt dispute the debt he should send the forms back explaining his grounds he disputes the claim or the value placed on it. The Court will then decide who is right and, if it decides in favor of the creditor, issue a CCJ. If the defendant believes that he does not owe anything at all.
A person may reasonably expect privacy although this is not a conclusive factor especially in unfair dismissal cases (Mantouvalou, 2009). Further, as already explained in a previous case, the ECtHR clarified that although the act in question is prohibited under criminal law, it does not mean that it is already “outside the scope of private life”.
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The Court of Appeal in X vs. Y took note of the matters relating to unfair dismissal should be interpreted inconsistently with the rights under the convention. To this extent, in consideration of the arguments raised above, an employer will be expected to respect the right to privacy which is expressly recognized by article 8 of the convention.
At any rate, even if Derek is not responsible for the homicide, he would probably be responsible for manslaughter, as one only has to prove, as the actus reus for manslaughter that a person intended an unlawful act to another person for manslaughter to be established. As Derek intended arson on Alan’s home, this could be said that Derek intended an unlawful act on Alan.
The author states that the company/employer clearly violated the provisions of the law by keeping her career advancement of being promoted as a Senior Vice-President by assuming that she cannot fulfill responsibilities due to her vision impairment. It should be noted the employer has known from the start about her physical restriction.
Nevertheless, in Malone v United Kingdom, the European Court of Human Rights held that the law's protection was insufficient. An attempt was assayed to remedy this situation by enacting the Interception of Communications Act 1985. The relevant legal framework has been formalised with the enactment of the Regulation of Investigatory Powers Act 2000.
Ms Clark should prove that the decision made by the employer has adversely affected her employment. Termination of employment means that she is rendered jobless as a result of the decision by the employer to fire her. The law stipulates that decisions can be made regarding such actions through the Board of Directors disagreed with her.
The fact the damages are the major remedies in torts, and which are often calculated based on the extent of damages suffered points to the extensive considerations paid the corrective justice. On the other hand, there are a few circumstances when the laws of torts incorporate distributive justice as with the cases involving vicarious liability.
It needs to be ascertained whether the negative pledge clause and its formalities and the fact that it had been clearly illustrated were present. If this is the situation then Pressing if it brings a claim against the company, then Supplier can bring and action for breach of contract and can also claim the value of its floating charge.
A director who defaults the provisions of Companies Act especially in respect of duty of directors, he has to face civil as well as criminal liabilities and remains disqualified to become a director in any company for maximum 15 years. Persistent breach of the act’s provisions and conviction for fraud would attract disqualification.
The area of nervous shock or psychiatric illness is seen as something that is still new in the area of laws pertaining to negligence. However, certain circumstances can be can be considered for compensation if they result in nervous shock given that the plaintiff will not be anticipated to be involved in that particular situation.
The author of the paper states that contracts are executed for several reasons but mainly to protect the interests of the signing parties. Contracts are binding agreements between parties. There are important elements of a contract including the offer to provide what the other party may need.
Taking into consideration the case cited above, by the rule of stare decisis, the case should be dismissed by reason of unconstitutionality. By using the O’Brien Test, the government should protect the speech and not the conduct. In the case of Texas v. Johnson (1989), symbolic speech is constitutionally protected as long as the disturbance of peace does not occur.
According to the paper, the complainants were thirteen Topeka parents on behalf of their twenty children”. They wanted the school segregation – separate schools for white and black pupils as it was recommended by the 1879 Kansas law - to be abolished in Topeka. The named complainant was Oliver Brown, whose friend convinced him to join the suit.
The online supports are very user friendly and helpful to quickly access all information and current rules and regulations do protect and uphold the rights of the consumers today. As we become more advanced and developed consciousness and awareness have taken us ahead to identify such concerns immediately and take appropriate steps.
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.
The country’s legal system has been able to cite several criminal and anti-legal groups in the country. That made it easier for them to find out, the nature of the crime a particular group is expected to commit; making the police job easier to trace the suspect in a particular area. But the situation does not remain the same all the time.
Arbitration does not mean that the two involved parties can create their own set of independent rules in order to settle their differences out of court. Arbitral methods are based on the legal system itself. These need a basic legal structure and a set of municipal laws with respect to which the arbitrators can award a resolution.
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The 14th amendment was driven by the incidence of civil wars in the US. This section only defined citizenship and offered protection to the civil and political rights of the individual hence less powerful. Its limitation was that the Africans could not possess United States citizenship and could not enjoy any citizenship privileges and immunities.