Law Essays

The concept of equity in the jurisprudence of common law countries is the name given to the set of legal principles which supplement strict rules of

Despite the criticism that has been levied on the 2006 NSS document, what this document represents is an attempt by a United States administration to provide a grand strategy for global uplift and advancement. Although the vision is worth striving for, success will depend on the sincere cooperation of a very large number of foreign actors who must also be willing to contribute towards the costs associated with this grand strategy. 

However, this rule has been amended over the years by the Courts since it has been found to be inequitable in certain cases, especially when contracts are frustrated or rendered impossible through circumstances other than a default by either party. The introduction of the Human Rights Act which mandates the precedence of individual rights.

The feminist critique of existing notions of jurisprudence is that theories of individuality are grounded in the male experience. Domestic violence, mostly of women, is thus generally underreported, but current estimates peg it at 16% of all violent crime occurring within the U.K. and the phenomenon has now extended to men as well.

While Zero Tolerance Policing and COPPS are based on different ideologies, the two approaches share some common perspectives. Both emphasize the role of the beat cop, the improvement of the physical environment, a preventive approach to crime, and the decentralization of the command structure. The need of the hour is a policing policy which incorporates the stringent accountability and ‘constant’ methods of Zero Tolerance Policing.

The conclusion that can be drawn from the above is that the money to the University is likely to fail as the will distinctly set aside the money for the translation of the inscription which has already been completed. The money to Statuswatch would fail under the 1993 Act but is likely to be upheld under the 2006 Act. The disposition to the reading room is likely to succeed both before the 2006 Act.    

Therefore from the courts how they have determined who an employee is and as per the employment protection (part-time employee) regulations 1995, James is entitled to his redundancy payment. In all ways possible he should be treated as an employee of the meteor Hotel and not an independent contractor as the club is run and managed by the management of the Hotel. 

To conclude the best electoral system for strong government is the first past the post system, and the most proportional is the party-list system.  Most countries do not use either type of electoral system, with hybrid systems such as the Additional Member System, and the Single Transferable Vote.  The Additional Member System is simpler to use, whilst the Single Transferable Vote allows people to vote for as many candidates as they want to.  

The concept of the reasonable man test can only be said to be consistent with the ordinary meaning of the word ‘reasonable’ if it is applied strictly in all cases.  As seen in the Camplin case the strict application of the reasonable man test would produce rather unjust results.  On the other hand, too far a departure from the strict application of the test would also produce unfair results.

Questions range from possible avoidance of liability under certain conditions, the advisability and benefits of having arbitration, resolution of more prevailing doctrines under the given case facts, remedies in case of cheque returned marked ‘R/D’ by the bank and where goods are being delivered including a preventive measure to prevent erroneous shipments and product liability in the relation to EU harmonization rules.

The inherent need of children and adolescents to be included as valued members of society, as evidenced in their intense concentration on creating bonds with their communities, can be used to help lead them into more productive fields that will not only benefit them as individuals but can work to benefit society as a whole as well. 

The future direction οf ILO's standards is not yet clear, but it is evident that standards remain fundamental to the organization's purpose. However, as pointed out, problems exist in the relations between different organizations, between different visions οf the organization and its aims, and among the ILO's own constituents. 

In order for feminist criminology to have a more effective role in the reduction of women involved in criminal activities worldwide, feminist theorists need to develop an appropriate framework applicable in practice. The full extent of female crime cannot be understood and dealt with until society as a whole, particularly males, change their attitudes towards the female ability to commit a crime and allow them to take full responsibility for it.

Another option would be to bring an action under Article 288 and the Society would have to establish the requirements discussed in section a) above.  If successful, the Society could use this route to render the Regulation voidable and inapplicable. Alternatively, as highlighted in section a) above, the Society’s arbitration panel may fall within the definition of “court or tribunal” for the purposes of making an Article 234 application.

There is a class of visa that Irina can apply for temporarily before the expiration of her Subclass 420 Entertainment visa and during the pendency of her application for a Distinguished Talent Visa. Under Subclass 010 on Bridging visas, a bridging visa is issued if a non-citizen has made a valid application while she's in Australia and the visa that is being applied for is a substantive visa.

Information regarding Ramirez’ family background was limited. It has been made obvious though was Ramirez’ aloofness with his father who he considered as punitive. From this, we can say that Ramirez did not have a significant role model of good behavior. What had been imprinted in his mind, rather was a seemingly consistent barrage of cruelty and coldness.

No umpiring decisions please all, and the controversial rulings given at the most crucial period of the game, have resulted in violent incidents. The target is obviously the umpire. Everything happens so suddenly, in a flash, and such incidents lead to the ruination of the careers of players. The players have to pay, in addition, huge fines.

The ECJ has increasingly been moving into areas that are beyond the scope of its jurisdiction and has been influencing the course of national law through the imposition of European law. In some cases, the decisions that have been spelled out by the European Court of Justice have entailed a great deal of inconvenience and problems of implementation for the Member States.

Every country and its system of government have its own reasons for flourishing, which cannot be duplicated. Politics systems are not laboratory experiments, which can be replicated or copied from one country to another country overnight. Had that been the case, Iraq would have become a democratic country overnight.

Badchester Borough Council is in financial difficulties. In December 2003, Farley’s Bank entered into an agreement with Badchester Borough Council to lend money at preferential interest rates in return for a down payment of one million pounds. On January 1st, the first part of the payment, £163,500,000 enters the bank account of the Badchester Borough Council.

The Treaty establishing a European Economic Community (hereinafter 'EEC') was signed in Rome on March 25, 1957, and came into force on January 1, 1958. The Preamble to the Treaty of Rome delineates as its purpose 'to lay the foundations of an ever closer union among the peoples of Europe.' The original signatories were Belgium, Germany, France, Italy, Luxembourg, and the Netherlands.

The emergence of many forms of cohabitation and partnership often brings us the question of what is a family. There popular schools of thought, which define what is a family. The formalist conception of a family gives us a traditional meaning of a family as composed of a man, a woman, and their unmarried children by blood or adoption.

”Citizens should have statutory rights to enforce their human rights in the UK courts. We will by statute incorporate the European Convention on Human Rights into UK law to bring these rights home and allow our people access to them in their national courts. The incorporation of the European Convention will establish a floor, not a ceiling, for human rights”.

It is important to state that John is the remainderman in this case, therefore what this means is that when a trust is terminated then its principal will pass on to the remainderman. George has constituted a marriage settlement trust for Henry and his family with John as the remainderman on the trust.

Thus, in conclusion, it may be stated that in view of all the legislative provisions that have been addressed above, there is an adequate provision under the law to rigidly and strictly enforce a standard against obscenity so that the members of the public and especially vulnerable children are protected from an onslaught of obscene material transmitted over the Internet.

Smith helped me to understand the distinction between the two kinds of rights that are endowed in property – rights in rem and in personam and the difference between realty and personalty. A right in personam is therefore associated with a person rather than with a tangible object and can also be called an obligation and I was also able to understand how rights in personam will not be extinguished in the absence of a res.

The law of contract stipulates three fundamental requirements for the formation of a legally enforceable contract; namely; offer, acceptance and consideration (it is important to note that the contracting parties must have legal capacity, which is presumed not to be an issue in this case).     

Doctors may retain an arbitrator to tackle disputes out of court, where a neutral third party serves as the mediator of the dispute. The incidence of use of binding arbitration rather than the court system to resolve disputes have become more common and many doctors now require patients to sign such binding arbitration agreements.

Approximately the same proportion of males is involved in recidivism acts. Most of them serve hard sentences in jail. As a result, cases of repeated crimes are common that attribute to repeated arrests. This has caused overcrowding in the cells; thus, alerting the prison stakeholders to pay special attention. 

The secondary data consist of archival documents of theories and studies on unethical decision-making and behavior by law enforcement in general and in communities. Case studies on law enforcement’s unethical decision-making and decisions are also used to determine the link between theoretical assumptions and the actual causes of unethical decisions and practices by law enforcement. 

Not only are the Member States bound to follow all regulations and directives, but they are also expected to make domestic provisions for implementation.  Failure to do so will not exonerate the offending Member State and the rights of individuals will be protected by reference to the Community laws.  With this in mind, together with the law discussed in the preceding passages.

As illustrated, Cameron accepted the offer on October 5th, a day after he became aware of the fact that Jack had already sold the mobile phone to someone else and had given the effect of revocation. In this respect, Cameron could not have accepted the offer because his acceptance came after the offer had already ceased to exist. Hence, Cameron cannot oblige Jack to sell him the mobile phone despite the lack of a formal revocation.

s, powers, liabilities, obligations and restrictions from time to time created or arising under the Treaties, and all such remedies and procedures from time to time provided for by or under the Treaties, as in accordance with the Treaties are without further enactment to be

America’s war against recreational drugs is an example of good intentions gone terribly wrong. While this country squanders over $50 billion dollars annually on the efforts to stop illegal drugs, trafficking, and use continue. It has been said that trying to stop drugs is like trying to stop the rain. Over half of the prisoners in jail are there for drug ‘crimes.’

The concept of punitive damages is unknown to the law of contract therefore actual damages are assessed. Ready To Ski’s claim for loss of business is an actual loss and will be assessed by reference to evidence supporting the pattern of income offset by the actual income accrued during the period for which the contract was delayed.

The rule on implied sharing in the property stems from the assumption that the people involved are partners. According to Lord Bridge in the case of Lloyds Bank v Rosset (1993), there is a need for us to ascertain whether or not the parties have established a kind of agreement regarding their affairs.

Unfortunately for Una she will be denied the patent protection in respect of the musical invention up to this point.  However, by reference to the laws discusses above she is at liberty to register the patent at this point and she can enforce her rights against Davina and Nakida’s preventing further use of the patent.

The constitutional practice is largely comprised of the Acts of Parliament and judicial decisions. There is no separation of powers in the UK, rather Parliament is sovereign and the source of all valid authority. On this basis, therefore, the leader of the largest party in Parliament in practice becomes the Prime Minister.

The subsequent suicide of PC Ali could have the effect of nullifying the liability of all parties, unless the courts are satisfied that there had been no break in the chain of causation. There could also be a claim as mentioned above based on the fact that PC Ali was able to get hold of the scalpel without anyone knowing.  

In actuality, the counsel for the prosecution and the judge can often bring about a guilty verdict by reminding the jury of the irrefutable evidence of the expert witness and have a tendency to portray the expert’s opinion as flawless and the only verdict that can be read from the expert’s testimony is that the accused is guilty.  

In the case of WR Games, they have not been silent, but have protested the end of the long-standing relationship. It may also be noted that 70% of WRG’s business comes from TGT, therefore the Courts are likely to support WRG’s position about the detrimental effects to WRG from TGT’s cancellation of the contract without adequate notice. 

The juvenile justice system was founded by the imperatives, not only of protecting society from youth criminals but of rehabilitating these youth. The system does not satisfy its original objective in that the focus has shifted from rehabilitation to incarceration. Juvenile crime is on the rise and that this, in itself, underscores the failure of the current system.

America is the world leader in many aspects including the number of people it imprisons (per capita) and is ridiculed worldwide for its less-than-sensible methods by which it attempts to protect its citizens.  Prisons should concentrate on rehabilitation because many inmates will eventually be released. 

High Trees is significant because it represents a revision of the previously firmly established duty rule in Foakes v Beer (1884) which relied on the legal concept of consideration and held that part performance of debt could not represent a discharge of the whole debt. High Trees is also credited with extending the acceptance and application of promissory estoppel in the law of contract.

Iggins Ltd has entered into contracts with all of the 32 players. The 28 players have fulfilled the terms of their contract by arriving in Birmingham and Iggins Ltd will be expected to fulfill its side of the contract as well since there are certain obligations that arise out of a contract1. In general English, Courts have tended to favor the enforcement of contracts.  

The court found that the council was liable anyway.  Lord Hoffman went on to opine that children often get up to mischief and as such the council should have reasonably foreseen that some sort of accident would occur. (Jolley v Sutton London Borough Council (2000) 1 WLR 1082.)

In the case of Miranda, the facts of the case failed to mention how the employer tried to safeguard the health of his or her employee. Unlike in the Pickford case where the employer constantly reminded the employee to take a break for her typing job, there was no showing that the employer of Miranda did the same thing. 

The internal policies among the member countries, their judicial approach on the issues of human rights, need for change in their policies during trade are well administered in the treaties and the law of world trade organization. As human rights are of prime importance in a nation, it ought to be safeguarded.

When a mortgage is involved, the matter is not so simply disposed of since the initial deposit does not usually determine the real value of the property.  However,  Lord Dillion said that the emphasis in relation to the law of trusts has been on the sums contributed by each person for the purchase price of the property.

Today,  conflicts are no longer addressed extensively through consolidated trade unions,  where numerous employees get together and voice a  common opinion. The situation has given rise to individualism.  Individual employees can voice their grievances openly since the  Law has provided for legislations to support their cause.