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Civil law covers the following activities: lending and borrowing, marriages, entering into contracts, disputes with neighbors, etcetera. Generally, the purpose of civil proceedings is to enable persons to enforce their rights or to recover their property for their own benefit.
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Mafia business is easily established by way of gambling, and therefore setting up casinos in Cuba was a gangster highway creation. The corrupt regime of president Batista was a sure way to success in crime in Cuba. Siegel facilitated the first casino by the name Flamingo to be opened in Havana towards the end of the year 1946.
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The Second Amendment to the United States Constitution allows citizens to own guns in order to protect the country and the society. But it does not allow these weapons to be used as a means of the threat or criminal intent. While the laws are liberal in most states, illegal arms sales do exist which provides sources for obtaining unlicensed guns.
The author states that to successfully bring a case of discrimination against her employer under ADEA, there are certain things that Kayte Clarke must prove. In the case of Palasota v Haggar Clothing Co., the Court outlined what the plaintiff must prove to show that indeed there was discrimination that is actionable under ADEA.
The author states that the Immigration Act of 1965 was passed by the Congress government of the country sponsored by Ted Kennedy, the senator of United States. With the new Immigration Act, the national origin formula that existed from the days of the previous Immigration Act of the year 1924 was abolished.
This book presents the international mechanisms which have assisted in the enforcement of international law, such as the power conferred upon each state of taking certain enforcement rights, which have the character of reprisals of the limited interference in the sphere of interests of another state
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The problem depends on the individual’s own moral views on abortion and the legitimate functions of the State with regard to personal privacy. The reason that it is considered a state issue in Texas is primarily due to the concentration of anti-abortion leaders in the political representatives of the state and their advocacy of this bill.
In this case, it was ruled those police officers should have enough evidence of the criminal activity and further ensure that it is legally obtained. For example, in 1991, a black man, Rodney King, was caught on a videotape being beaten with nightsticks by LAPD and was shocked with electric stun guns twice, punched and kicked.
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. Within the United States, the role of the police is such that it inculcates a sense of empathy with the public as it tells them that the police are there to protect and safeguard their interests in the most suitable manner that they could comprehend. Police have a definitive role to play within the midst of any country.
The universal right to create an agreement in relation to his company is part of the liberty secluded by the Fourteenth Amendment, and this comprises the right to purchase and sell labor, apart from when it is controlled by the State in the justifiable implementation by its police power (Larry and Jeff, 71).
This court (state court) has jurisdiction over each of the defendants because the Alaska West Express, Inc., has a minimum contact in the geographical area in which the court sits. The driver of the truck (presumed to be a citizen of the state) also has minimum contact required by the state court in order for it to have jurisdiction over his person.
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Judicial activism and judicial restraint are the two sides of one coin, in which the former presupposes the active involvement of judges and influence of their personal opinion in the rulings’ and the latter is about dealing with the possibilities of judicial overreach. The concept of judicial restraint is based on Montesque’s idea of ‘division of powers’.
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.
The scope of the Brussels regime was also extended by the Lugano Convention, concluded on 16 September 1988 between the (then) 12 Member States of the Community and the (then) six Member States of the European Free Trade Association. The Lugano Convention covers the same subject matters as the Brussels Convention, now the Brussels I Regulation.
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.
The author states that Black Books would be denied of optimally utilizing its assets to maximize its profit potential. And when this problem occurs, Black Books may find itself enmeshed in huge debts owing to corporate inactivity. The major problem associated with incurring huge debts or going insolvent is that it may destroy a company’s brand image.
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The Drug Law Reform Act can be set as an example so as long the pressure made by the citizens is strong enough, then it could make a change. In a wider scope, we can notice that even the people can out-power their fundamental law and change their structural system by grouping themselves together to fight for their right
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There have been numerous triumphs and successes made on behalf of the women’s liberation movement. The gains in the quest for equal opportunities in the country’s social, religious, academic, economic and political horizons favored the American women since the ratification of the Equal Rights Amendment
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It has been argued that children, including those in the adolescent stage, have a tendency to be reckless of the existing laws, as they know there will be no harsh punitive measures. It has been argued that teenagers below the age of seventeen are breaking the existing laws more often because of the existence of the juvenile justice system
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The theories describing the causes of crime whether genetic, social or psychological are mere rationalizations. The public expects their police department to enforce the rules, not break them. When they do, it breaks down the trust of the public as well as the tearing down the very fabric of society
Lord Millet held that there was no need of having different rules in equity and at common law and that although the rules are different, the court should not create further differences in the two regimes. However, I do hold that comparing the two systems, a clear difference must be seen since the two concentrates on different issues.
This paper considers just two major theories of crime causation: the cultural deviance theory and the theory that is called “critical criminology.” The basic elements of each theory are described, and then the two theories are compared, bringing out similarities, differences and any potential improvements that could be made to enhance each theory.
In respect of the question, it can be said that the secretary did ask Wally to leave, which he refused and on the facts, he was a trespasser ab initio. Furthermore, the use of reasonable force by the secretary was justified and therefore Wally would be held liable for the damage to the window as he was a trespasser on the factory.
This paper tells that the international environmental laws are formed to ensure that global commons maintain their existence without affecting the overall environment of the planet for the well being of all. Globally, efforts are made in this direction through different conventions and protocols such as Biological Diversity and Kyoto Protocol to ensure the sustainability of global commons.
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The comparison and analysis of Primary and Secondary data should help understand the society’s’ understanding of juvenile crime and how they want such issues to be judged and handled. The research should also provide an insight as to the occurrence of juvenile crimes in respect to social boundaries such as race, region, gender, etc
This paper will begin with the statement that historically, women had always been the legally disadvantaged gender. Prohibited to own properties, vote in elections and generally subjugated to the superior rights of men in the family household, women have come a long way today spurred by the fervor of the various feminist movements.
Apparently, Lord Hoffman had engendered a novel form of interest, namely a non-proprietary lease. In common and legal parlance, a lease constitutes a proprietary interest or a legal estate in the land; whereas, a license is nothing more than a personal right (Royle, 2003, p.114). Thus, the entity created by Lord Hoffman is an incongruity.
Recent research efforts suggest that international terrorism and atrocity crime are inextricably connected. International terrorism cartels and their sponsors engage in numerous crimes to finance and help terrorist activities. Some of these crimes include human trafficking; drug trafficking, money laundering and robbery.
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This research will begin with the statement that the growth of bilateral investment treaties (BITs) since the 1990s corresponds with growth in legal developments at international law. The fact is, BITs have developed in such a way that they encapsulate their own laws under the broader application of customary international law.
This undoubtedly presents a challenge for both divisions since their powers to regulate justice seemingly overlap. However, politically, this translates into Parliament drafting the laws such as the Criminal Code of Canada while the provinces regulate provincial law enforcement, such as the police force.
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The EHRC is relatively new. Therefore its effectiveness in achieving equality and freedom from discrimination in the workplace remains to be seen. However, at this stage, it holds out the promise of providing employees with a fair and balanced opportunity for redressing instances of inequality in a private way.
It is important to note that Crimes against Humanity to be precise are largely vague by definition in many legally authoritative commentaries (Trahan & Human Rights Watch, 2006). Acts of Genocide, on the other hand, are clear in many statutes while the former has many interpretations depending on which statute one is referring to.
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The author states that the school argued on different grounds as a justification for firing the teacher, one of which was that a teacher should conform to the public, moral and ethical standards. As concluded from the facts of the case and after a thorough perusal of the laws applicable in this case there are various grounds and legal provisions.
An express term of a contract is that which is expressly agreed by the parties, either orally or in writing. As a general rule, the courts hold the written document as a complete agreement so that the terms inscribed within form the total extent of the contract and no further terms may be added or varied later by external evidence
Seventh Principle of the Data Protection Act mandates that diligent implementation of both technical and procedural protection should be undertaken by parties entrusted to keep such information. Protection that would include appropriate measures against loss, destruction or damage should be included (Data Protection Act, 1998).
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The author explains that through legislation that defined African Americans as separate and unequal to Caucasians, Johnson alienated the Republican Party. There were two attempts made to impeach him from office during his term. President A. Johnson created a political leadership that did not help the nation towards its recovery.
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Imprisonment and its presumed rehabilitation effects do not at all rehabilitate offenders rather they criminalize an individual more and thus continuing the cycle of crime imprisonment should have put an end into. Movements that sought to totally eliminate crimes failed to balance this with the concept of reforming the criminal.
If we apply the reasoning by analogy to the French position, the charge is being imposed as a result of the recent pest infected hop farms in Belgium for the purpose of testing suitability for the French market. However, as the principles discussed above demonstrate, the purpose of the fee is irrelevant to the consideration of infringement.
Therefore, in England, laws at that point in time were all local customs were considered to rule. Customs were codified in the period of William the conqueror and this is said to be the basis of the common law. With time, the king’s courts started to be used as a forum for dispute resolution of individuals, thus making it the common law and was subsequently said to be distinct from customs.
Finally, the aspect also requires an evaluation of whether the moral responsibility of a defendant should be taken into account when determining his liability, rather than focusing on the stringent principles of defences that have been laid down. Contributory Negligence is a defence that makes available a partial defence in respect of a claim in tort.
The increasing difficulty of prosecuting under the Act and its failures to address the continuous developments in technology led to criticisms of its ability to address the increasing reality of cybercriminal activity. An attempt to address these problems in the Act was implemented in controversial amendments, which came into force in October 2008 through the Police and Criminal Justice Act 2006.
Failure to disclose issues surrounding the reliability of the evidence relied upon could lead to a conviction being overturned, as the prosecutor has a duty under s3, 4 and 7A of the Criminal Procedure and Investigations Act 1996 to disclose any material to the defense, which might undermine the prosecution case or assist the defense case.
Arbitration is a private process. It was implicit that the parties, arbitrators nor any supporting staff would not disclose any information about the arbitration. There was an exception if one of the parties had to bring into play the help of a court in regard to the arbitration or to set aside or enforce an arbitral award.
This research will make an earnest attempt to break the non-discrimination concept into its legal features of “likeness”, “less favorable treatment “, “regulatory purpose” after evaluating their individual importance. It will highlight how the elucidation of each legal feature impacts the reach and substance of a non-discrimination requirement.
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.
The author states that arbitration is one of the more popular forms of alternative dispute resolution of which two opposing parties agree to use a third person or more to settle the case in question. Although conducted outside the court, this system is acceptable and legal with the decision called the award.
This paper critically analyses how globalization has impacted government, policy, and political decision making. China and America were two entirely different countries with respect to culture, politics, beliefs, economy, legal systems etc. America is a secular democratic country whereas China is a communist country.
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This research will begin with the statement that information is becoming public through the invention and innovation of the Internet. Accessing the data from the Net is becoming easy. But the Net is also a site of private activities and transactions. At certain extent, eavesdroppers are able to access and avail the information in the Web that is supposed to be private or confidential.
One very serious aspect and a growing concern for most government and judicial authorities, health practitioners, non-government agencies and the public. Next to substance abusers, sex criminals are the rapidly-increasing part of prison populations. Sex offenders, irrefutably, who are considered a looming threat to communities,
Financial allocation depends on the type of partnership. “In a limited partnership, one or more parties are only responsible for the amount of money that they've invested into the business” (Albo 2008). In a general partnership, all parties are equally responsible for the success or failure of the business without any limit.