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As industrialization made accessible the leveraging power of machinery, and robotics later allowed mass production to occur through the rapid, exact and precise repetition of simple tasks by automated instruments, the Internet now allows local businesses to have a global consumer base. The UK has adopted the EU’s laws concerning e-commerce.
If we look at the first hypothesis – “if they do not have a job, etc.” – we will see that Keith does not fall into this category. He has a job, even though he is not paid in cash. Then looking at the second hypothesis – if they present a threat to public order, public security or public health” – we also see this is not the case.
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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.
A director should divulge his interest when he ought practically conscious of the conflicting interest in any business transaction. Further, the general rule as prescribed in s 175(1) restricts unauthorized clash of personal interest of directors with that of the company but not in duty to the company as decided in the case Bray v. Ford.
Finally, the all-important members of the European Union and its effect need to be discussed. The development of the English Legal System was based on the fact that it was sovereign and independent and was therefore not accountable to anybody, however, this has arguably been changed by the membership of the European Union.
The classic definition of murder under English Law was propounded by Sir Edward Coke, asserting the two stage definition requiring actus reus and mens rea: “Murder is when a man, unlawfully kills within any country of the realm any reasonable human being under the Queen’s peace, with malice aforethought”.
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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.
Ultimately, it is essential to clarify for an expert that s/he is being remunerated for the effort and time to give evidence, not for the evidence. If an expert is prominent for his/her truthfulness and impartiality as an expert, s/he can be of tremendous use in assisting lawyers in successfully resolving or settling a case.
An offeror may revoke an offer before it has been accepted, but the revocation must be communicated to the offeree, although not necessarily by the offeror. This was held in Dickinson v. Dodds (1876) 2 Ch.D. 463. If the offer was made to the entire world, such as in Carlill's case, the revocation must take a form that is similar to the offer.
Easement by prescription can be ruled out as the prescribed period is 20 consecutive years of uninterrupted use of the servient tenement. Whether or not the easement can be implied or was created out of necessity is another matter. An easement will be implied if it is necessary for the purchaser to fully enjoy the use of his/her land.
The First Amendment specifically protects peaceable protest. In using an effigy that was made to resemble Mr Piker, it becomes clear that Ms Monique was presenting a visible threat against him. The question now that must be answered is whether the right to speech is more important than the right to security.
If we apply the principles of proprietary estoppel to the current scenario, it is evident that Charles clearly wanted Bill to live in the Property and they had an on/off personal relationship and encouraged him to continue living in the property while working on the Property with repair work and extension work.
Slander occurs when the untrue harmful statement is spoken in the presence of others. Slander too can be actionable per se. In Say v British Gas Limited, the claimant’s gas was disconnected from his place of business in the presence of customers in respect of an outstanding account that was not the claimant’s.
The author of the paper states that the NASW Code of Ethics identifies core social work values and associated ethical principles. Four of these values- service to others, social justice, dignity and worth of a person, and importance of human relationships, play a critical role in a generalist practice”.
The UK law of contract deems the promised time for delivery of goods or complete their contractual obligations within the stipulated time. A contract need not specifically declare time to be of the essence. In general, a contract comprises of several conditions that indicate the importance of time. Some of these are that time is of the essence or that delivery dates are of fundamental importance.
When viewed from another perspective, certain States, although they generally act according to the law, do not always obey it. This happens mainly in unilateral actions and, importantly, due to misinterpretation of the laws according to their self-interests. Also, when certain States feel as they were not part of a specific law-making process.
The author states that there is a great demarcation in identity constructs when comparing the post-modern era to the pre-modern era. The biggest difference is that the post-modern era has been marked with a great deal more impersonality. Whereas, in the pre-modern era, an individual could derive a sense of self and identity from their close connections.
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This report presents an account of the discrimination against criminal record holders in the United Kingdom and judges its implications on the person’s chances of future re-offense. In the United Kingdom, The Rehabilitation of Offenders Act allows people with reasonably small offenses to have their sentences ‘spent’.
At its peak, the movement was involved in various reform efforts. Some of these efforts included regulating child labor, reducing the rate of infant mortality, garnering for the pension of women, establishing the juvenile court, combating child abuse, constructing playgrounds, and establishing children’s schools (Hamilton, 1985).
Public display of pornographic materials is deemed offensive and thus many countries have banned it. Those against its censorship claim that doing so is more expensive pointing that the legal definition of pornography may go further to curtail other materials that are not actually pornographic and which may be carrying important opinions that can shape a society positively.
This paper deals with the question of whether the protections provided by the Constitution are adequate for protecting fundamental rights. The research was done so as to find out the statutory provisions and relevant case law that shaped the policy of the government regarding compliance with the provisions.
A problem resulted from the lack of effective control on the citizenship of those applying for social services (Reed-Danahay & Brettell 2008). The severe threats to the social services system in the USA from illegal immigration are made clear if these facts are combined with the continuous increase of illegal immigrants across the USA.
In most cases, deontology disagree with the idea that the human rights of each individual to perform an action gives them the freedom to justify themselves by taking into consideration the consequences of their action as a way of getting away with the moral obligation a person has with another person or to the society (Frankena 1973, p. 15).
According to Section 12, 1 of the Act, he is a Crown servant. This section defines a crown servant as “any person employed in the civil service of the Crown, including Her Majesty’s Diplomatic Service, Her Majesty’s Overseas Civil Service, the civil service of Northern Ireland and the Northern Ireland Court Service...”.
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The author states that young persons who grow up in substandard neighborhoods too often perceive that the only way to be protected from gang activity is to join one, an instinctual conclusion based on self-preservation. Being raised in an economically depressed neighborhood can understandably lead youth persons to think that their lives are unimportant.
The author states that since the law would apply to the companies operating in the United States, it is argued that US companies would rather get out of the US so that they would spend less cost in doing business. The lawmakers who crafted the legislation are presumed to have good intentions when they enacted the law.
The author explains that the law assures the eligible employee under § 2614 that he/she shall be restored to the position he/she held before filing the leave when she returns to work and in addition, shall not suffer any diminution in salary or any other benefit by reason of such leave. Moreover, the employer must be employing at least 50 employees.
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The author states that many reasons are there before each and every crime. Some may be personal and others may be political and social. It is sure that many believe that through crimes they can attain their goals. The majority of terrorist attacks are of this type. When personal gains are involved crimes are taken place more and more.
The author states that Jami was advised she would have a ninety-day probationary period and then after she would only be eligible for dismissible “for the cause.” Unfortunately, she does not have a contract with this written in it. On the other hand, most states allow for a company to dismiss a new employer within a probationary period.
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According to the paper, the Employment Rights Act of 1996 defines constructive discharge as an act of termination of the working contract by an employee due to the unfair conduct of the employer which the employee equates to constructively dismissing from employment. The party needs to file a claim for constructive discharge.
The issues related to immigrants are an unfinished business at present, and it is doubtful whether they will be finished at all. European Union is colliding with realities about poverty and unemployment, and those in dire straits to eke out a living wish to immigrate to countries that promise them hope.
This means that there is no need to issue an injunction because the defendants do not seem to have any power to dispose of or destroy the aforementioned property. Refusal of a freezing injunction can also arise where the applicant fails to prove that the defendant is capable of disposing or destroying the property.
The major objective of the government is to create conditions that would help in the advancement of the welfare of its citizens. Therefore, to achieve this, the legislative arm of the government would formulate different laws; however, these laws formulated by the government, though well-intentioned, may confront opposition in their implementation
School staff members should “be alert to signs of abuse and know to whom they should report any concerns or suspicions;” this includes signs of neglect and verbal abuse. Furthermore, there should be a designated staff member, with relevant training, who is responsible for coordinating a liaison between the school and other agencies should abuse be suspected.
After the completion of the work, Eileen and Paul allow Anne to stay in one of the apartments, in exchange for her help. These apartments prove to be in great demand, and Eileen and Paul have a change of mind and ask Anne to either pay rent or vacate the flat.
The Court interpretations may be guided by the regulations adopted by the international system. This happened within the United Nations Conference for Trade and Development when regulations were adopted with respect to the execution of the tariff preferences. There are also preliminary considerations that guide the Court in its interpretation;
All Council of Europe member states are privy to such convention and are expected to have ratified the convention as part of the laws of their respective country. As a procedural requisite, countries are also mandated to recognize the role of the European Court of Human Rights which will hear and adjudicate cases to fully enforce this convention.
There are those countries that do not have a universal constitution, in such states a number of imperative and consensual rules such as customary law, judge-made law, international rules, convections, norms among other statutes are used. Some such countries as pointed out by Wade and Philips, 1997 by the UK, Israel and New Zealand.
This case is an authority in the area of property transfers because it is concerned about the expected transfers of title to oil held by Metro Trading International Inc, but which MTII held in its storage at an offshore facility in Fujairah till MTII collapse in 1988.
In searching for the answer to this question, the possibility of future criminal behavior is the first concept that seems to take priority over all other questions. Therefore, in providing for the welfare of the child, it is probable that further criminal behavior can be thwarted and a productive life put into place.
Civil disobedience involves a deliberate and punishable breach of legal duty. In particular, it is the expression of non-coherence to the existing rules implemented by the government, which is subjectively thought by a person to be against his or her conscience. It is the peaceable resistance of conscience.
There is a vast difference between traditional policing that was followed some decades ago in U.S.A as that of community policing that is being practiced now. Further, the American legal system is confronted with the diversity issues as America is a nation of immigrants and has a good chunk of the minority population
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They may refer to any restrictions that can be put on employees within an organization. While labor laws can vary according to the country, largely their basis is the same. Most labor laws can be categorized into 2 main categories, mainly Collective Labor Law, which refers to the relationships and activities between the employer, employees, and the union.
More often teenagers are a target of peer pressure that makes them do things they don't want to do as Barret, et al. (2006, pp. 541-546) suggest. The community centers and government agencies should analyze and rethink their policy steps and measures to ensure that every child gets a safe environment at home and in school.
The Supreme Court upheld that under the Authorization for Use of Military Force against Iraq resolution ( 2002) enacted by the United States Congress after the September 11 attacks, the United States government is authorized to hold enemy combatants in detention until the cessation of hostilities but not indefinitely.
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Both cases are frivolous lawsuits because of the extent of the claims that were made and the jury’s decision in both cases. It is imperative to note that the cases could have been prevented by the companies involved. However, this did not occur partly due to negligence and the refusal to accept that anything wrong was done
These new statutory rules had taken effect last October 1, 2010, and pertain to the gathering of sensitive information and also the handling of confidential correspondence and communications related to child protection and other serious child care incidents.#2 These are all part of social work reforms that are being implemented.
Moreover, if Naj had a clear policy regarding online usage, Sarah really would not have a leg to stand upon. So, Naj is clearly within his rights in monitoring Sarah. Moreover, Sarah probably would not have reason to get the information that Naj was keeping about her, due to the fact that, under the Data Protection Act.
Lord Diplock observed that to constitute a valid declaration of trust by way of gift of a beneficial interest in land to a cestui que trust the declaration is required by s. 53(1) of the Law of Property Act 1925, to be in writing. If it is not in writing it can only take effect as a resulting, implied or constructive trust to which that section has no application.
The Enhanced border security and visa entry reform act, 2002 was passed in the aftermath of 9/11 terrorist attacks. It was signed into an act by President George W. Bush, eight months after the terrorist attacks, on May 14, 2002. The act was passed by an overwhelming bipartisan majority in both the houses of the Congress.