Law Essays

The modifications permit an action to succeed in the absence of proof of fraud on the part of the directors and the action can proceed even if the conduct began prior to the current member obtaining shares in the company. In all the circumstances Wally can bring a derivative action against the directors.

The following paper aims to discuss different aspects of social policy in the United Kingdom. In this regard, the paper focuses on the changes occurred within the national health and housing policy during the last few decades.

The article 267 of TFEU sets the terms under which the national courts of member states can ask the ECJ for a preliminary ruling for cases that refer to the community law. The preliminary ruling can be given by the ECJ specifically in the following two cases: the interpretation of the Treaties; the validity and interpretation of acts of the institutions, bodies, offices or agencies of the Union’.

The distance decay mechanism of investigation also depicts the psychological hierarchy of the investigators. Precisely, geographical profiling has helped in the reduction of time and resource wastage in the investigation procedures. It is worth acknowledging the technological advancement that has worked to improve the crime investigation in the line of geographical profiling. 

Updating every step which leads to the way of crime is a Bayesian approach of geographic profiling, with the use of probabilities based on the distribution of criminals residing in the same area (Levine&Block, 2011) this is the best approach that can be applied for geographical profiling so far because it is different from the previous approaches in a way that it deals with larger data sets of solved crimes to depict a more general view of offenders geographical crime pattern.

There is a crucial need to fill in all vacant positions with qualified and competent personnel and leaders tasked to be committed to DJJ’s plans and goals. To measure the effectiveness of the strategy, the most awaited outcome is the elimination of the uptown and downtown split, the racial and class tension, and the turf wars between facilities. 

In the UK, the issue of privacy was raised in the case of Campbell v MGN Limited and the House of Lords held that the law imposes a duty of confidence whenever a person receives information that he knows is private and that the essence of a tort of privacy would lie in misuse of such confidential information.

The existence of a Directive gives individuals the right to contest national legislation through the Direct Effect. Individual rights specified in this Directive state that the substances in question are not noxious and EU law is geared towards the promotion of free trade, as a result of which a bar on imports would constitute a violation of the EU Directive.

The only patients who can be so classified are patients who have been involved at some stage in proceedings before the criminal courts. In the case of the applicants Anderson and Reid, the High Court made an order under Section 60 of the 1960 Act, the equivalent of Section 59 of the 1995 Act, subjecting them to special restrictions relating to their detention.

The Land Registration Act of 2002 provides the facility for squatters to claim title to land that they may have acquired adversely. When modern statutory provisions such as these exist in the law, the Prescription Act of 1932 which is primarily focused upon rights of public and private way in the matter of easements and appurtenances appears to be redundant.

The training that Brooker has will be valid only incomparable employment, which is likely to be available only with his competitors. Since the nature of his job is not a confidential one, such strict requirements as laid out by the restrictive Covenant may well be deemed to be too restrictive by the Courts.

In the event of the emergence of a common European State, this raises the prospect of the European Parliament assuming many of the functions that are now carried out by the member states and together with this legislative function, the concept of assumption of Parliamentary sovereignty is also another aspect that must be considered.

The Århus Convention established the rights of the public with regard to the environment.  Public authorities are to play a factor by permitting these rights to become effective.  The Convention provides that citizens are entitled to obtain environmental information within one month of the request and without having to say why they require it.

The Nazi trials at Nuremberg offer the best example of the clash between natural law and the law of the State as propagated by Hart and other Positivists. These trials necessarily invoked a moral dimension which the Prosecution lawyers seized upon. From the perspective of the defendants, their actions were well supported by the tenets of legal positivism.

Article 6 of the Human Rights Act of 1998, which came into force in 2000 in the U.K, establishes the right of every individual to a fair trial, in order to ensure that an individual’s civil liberties are protected and that every person who is charged with a criminal offense, in particular, shall be presumed innocent unless proved guilty according to law.

One of the main institutions that carry out the tasks of the EU is the European Council, which is supposed to act within the limits of the powers conferred upon it by the EC Treaty.  The assignment presents two case scenarios involving consumer welfare and fair trade promotion as embodied in acts of the Council that run into controversy. 

All contracts begin with an offer.  However, the offer is required to meet specific requirements chief among them is the requirement of clarity. The offer must be stated in terms that clearly convey the subject matter of the offer and the terms and conditions upon which the offer is made.

Fortunately, the UK’s adaption of the European Convention Rights has narrowed the rule of law applicable to the abuse of public authority and the protection of the individual’s inalienable rights to fundamental rights and liberties. Therefore, the list of restrictions placed on the EBA’s plan to stage a peaceful assembly will be examined with reference to Convention rights. 

Legal analysis is a matter of interpreting data in terms of high-level concepts. But in law, the data are like those for a system aimed at understanding natural language. They tell a story about human events that may lead to a lawsuit. Statements of the law are written in natural language ad legal arguments are often arguments about what the language means or ought to mean.

Daisy has a proprietary interest on Meadow Farm because she contributed to purchase price. In Inwards v Baker where a father suggested to his son that he might build a bungalow on the father’s land when buying other land proved to be very expensive. When the father died, the land was left to someone else.

It is clear from the cases presented above that the freedom of services and the freedom of establishment refer only to the citizens of the member states. The recognition of these rights to the nationals of other countries (outside the European Union) is possible but only under specific terms and conditions.

The TRIPS ascertains patent protection must be offered for inventions for at least 20 years. It should be in place for products and processes both, in all major fields of technology. Governments have the right to refuse to issue a patent for an invention if it would be considered unethical or against public order to use it commercially.

The 1997 Posted Workers Directive is a controversial aspect of the European Labour Law, which imposes a notable weakness on the law (Hardy, Staff & Butler 2007, p 21). This a point that assesses the position of the European Court of justice in determining cases filed by or against trans-national workers in EU member countries.    

It was largely believed by the law markers that the enactment of these drug sentences would provide the much-needed impetus to the fight against drug peddling within the state. In particular, these law markers were of the firm belief that the enactment of the minimum drug sentences would be very useful in terms of helping to curb drug use. 

For Locke, accumulation of wealth and property is restricted by a) appropriation to oneself only as much before it spoils, b) leaving enough for others to use or the sufficiency restriction and c) accumulation is based upon one’s labour. Property is created through the use of labour and a natural right of the man. 

Conversion to Islam began as far back as the eleventh century A.D., in the northeast kingdom of Kanem-Borno. Through the activities of missionaries and Islamic traders from North Africa, Islam began to spread slowly in this area. Among the Hausa, Islam began to spread from the fourteenth century and brought a law to be followed by all the Muslims of Nigeria called ‘Sharia’ law.  

In the matter of giving evidence, Section 53(1) of the Youth Justice and Criminal Evidence Act holds that all witnesses are competent to give evidence unless the person is unable to understand the questions put to him or unable to give answers that are understood, or the person is under the age of fourteen.

On a concluding note, although my essay has reviewed the deficiencies which still remain in the arena of Mental Capacity and health legislation, the efforts of the Act are laudable in the sense that it has codified and brought together most of the hotchpotch law. But the main criticism is that it is not extensive enough to cover sensitive areas of cultural problems and sexual offenses.

Other recommendations for the future are that the police force should learn to adapt to the environment and act according to what the present situation needs. Lastly, the police force should not believe that it, in any way, is superior to the people that it is serving. Rather, it should be bent upon connecting to the community in any manner that it can, because if it tries, the community can be a great force for the police people.

If true, then careful reasoning and consistency would likely serve the self-interest of any Justice as well as, or better than, obtaining the immediate desired policy outcome of a particular dispute.  This seems to be the intuition that informs the most sophisticated versions of the legal model of judicial behavior, which posits the relevant, authoritative texts of O'Brien.

The purpose of ERISA is to guarantee the promotion of the employees and their beneficiaries vis-à-vis employment benefit plans. Section 3(2) of the law states that “terms ‘employee pension benefit plan’ and ‘pension plan’ mean that any plan, fund or program which is established or maintained by an employer or employee organization.

The U.S. Constitution is the supreme law of the land and the guide for all criminal law processes within the judicial system.  The Bill of Rights safeguards citizens against the abuse of governmental powers by imposing limits on the methods by which it can treat people accused of crimes against the state and provides for the equal treatment in the justice system.

Unlawful combatants constitute a new genre. They cannot be detained under the ordinary laws of a nation, and a new model detention facility has to be created to detain them. The Guantanamo Bay is that new kind of jail. Since they waged a new kind of war that is different from the customary wars, they must not be labeled as prisoners of war.

The ethical aspect of the public international law keeps it vulnerable to change and amendments, thereby shunning the hegemony of a single nation or a group of nations in the realm of international law. The public international law has both ethical moorings and a distinct legal character, and both these aspects of the public international law not only serve it well but also make way for a much broader and catholic international acceptance.    

Since the two programs are addressing two different needs, consequently they use different methodologies in bringing about the data required of them. So, the UCR simply collects crime data from all over the nation in aggregates depending heavily on police reports. Although data are provided involuntary manner, which causes some problems in the UCR’s crime data statistics, the manner of its data collection is nevertheless consistent and stable.

The extensive studies that are being done in the field of crime scene investigation have helped the cause to a great extent. There is a lot of researches that are needed to be done after the primary investigation in order to identify the criminal. Apart from the general data, these kinds of hidden information do tell the investigators the real story of the crime.

This was accomplished by making the plural official. Seven chosen governor authorities share the official capacity to guarantee nobody individual had an excess of official executive power.

The normal and the accepted view under the English Law is that the buyer has the right to reject the goods and demand a refund, whenever his specifications are not met with the amendments, as they stand it has been found that a buyer does not immediately look for a refund, instead of exhaust his options of repair and replacement.

Most of the covenants are coached in general terms. Furthermore, not all countries in the world are signatories to the UN instruments protecting women. There are countries that are signatories to the instruments who signed with reservations on some provisions thereof, making their support to the instrument conditional.

Welby manufactured a slimming tablet, which was to be advertised by mail order in magazines. However, Spanish law requires slimming tablets to be sold only by prescription and it prohibits the sale of slimming tablets by mail order. The Spanish authorities refused to make Welby's slimming tablet available on prescription. 

My lords, I could wish that the use of the word ‘bias’ should be confined to its proper sphere. Its proper significance, in my opinion, is to denote a departure from the standard of even-handed which the law required from those who occupy the judicial office, or those who are commonly regarded as holding a quasi-judicial office, such as arbitrator.

At the end of the day, we must be united in our goal to provide a better world for our children, where they can grow to the fullest of their potential and contribute to society as productive and well-rounded citizens. It involves striking a balance between promoting their welfare and championing their right to autonomy. 

In order to assess the liability of Kevin and Joe in the above it is necessary to examine the mens rea of the parties at the time of the offence. It is also necessary to discuss the chain of causation to establish whether intervening events are capable of absolving the parties of their liability in this matter.

The importance of the case at that time was that it gave an impetus to women's rights and pro-abortion activists. Roe versus Wade allowed pre-viability for women to terminate their pregnancy and the state had the right to regulate only after viability. In essence women in their first three months of pregnancy were free to decide and receive the required legal termination of pregnancy, if so desired.

That the member states cannot resolve political and legal authorities between themselves at this time demonstrates that the EU is far from evolving into its charter.  The reluctance to relinquish to a governing body of elected officials state sovereignty is very much indicative of this.  However, the EU has its charter, and so long as it continues to work towards that charter we can expect to perhaps see several manifestations.           

Although prima facie, there seems to be a case of professional negligence on the part of Dr Darren, the Courts would have to take a holistic approach towards the entire case history and proceedings before arriving at a judicious decision. All the facts of the case and the circumstances surrounding the case needs to be assessed in depth before a judgement could be delivered.

It should be clear from the previous discussion that heads of states and senior state officials get respect and immunities because they must act in the highest moral tradition. A nation or peoples who accept morally disgraceful persons as their senior state officials can only blame themselves and are responsible for their downfall.

Another important issue that is raised is the question of exclusions from the policy. Great Benefit Life Insurance denied Donny Black’s claim because (a) he is too old to receive coverage (b) his leukemia is the result of a pre-existing condition and (c) bone marrow transplants are excluded from his policy.

The House of Lords in ‘Donoghue v. Stevenson(1932) A.C. 562), threats negligence, where there is a duty to take care, as specific tort in itself, and not simply as an element is some more

From a sociological perspective, the concept of ‘masculinity’ is applied in such a manner that its definition and significance are absolute and stable in an attempt to codify, enclose and provide a broad spectrum of the constantly evolving attitudes and behavior of ‘real men.’ In principle, masculinity is problematically unstable.