Law Essays

EC Directives are a means by which the European Community seeks to harmonize domestic laws among its member States. Theoretically at least, EC Directives are calculated to afford Community citizens a means of redress in domestic courts in the event they are denied the benefit of rights under EC Directives. 

Actus Reus comprises the guilty act as well as all the circumstances and consequences required for the offence. In some cases, engaging in the act itself is an offence, for example, driving a mechanically propelled vehicle on the road. In other cases actus reus will be established only when it can be proved that the act in question caused a result that is prohibited.

Few issues in our time have agitated the people of this country more than the rising crime rate. Moreover, statistics alone do not adequately describe the situation which seems to be worsening daily. Literally millions of individuals now have their movements restricted by the fear of physical violence. 

For some, the death penalty is an important deterrent which is effective in deterring capital crimes such as murder and armed assault. For others, such as the Death Penalty Information Centre, the death penalty is a cruel and unusual punishment which is often arbitrarily applied with dire consequences. 

A person can also be protected by security personnel by the use of force when there is a chance for personal attack. Similarly, properties can be protected using external and internal security layers to prevent any attack that results in the damage of property. Physical security can be ensured with a proper plan for the building. 

There are three basic resources that would be used in the proposed research. They include the Strength and Difficulties Questionnaire, online survey platform, and data analyzing techniques. The SDQ would be a suitable way of gauging emotional difficulties experienced by children. The online survey platform would provide an alternative way that the respondents can use to protect their anonymity.

As it is already known there is a UN Assistant mission to Iraq (www.uniraq.org) and its main responsibility is to help the Iraqi people in all aspects of life.  In this context, we should urge UNAMI to mediate among the neighboring countries to solve the problem and make the necessary research about the environmental impact on Iraq.

In conclusion, the paper suggests that increased assaults can be reduced not by exposing offenders to harsh situations but by having a strong relationship with the public. Strong community relation will enhance police respect hence reduce assaults against the police officers.

Hunger, poverty and war are the defining features of the first fourteen years of the twenty-first century. The trends of history are not changing, and if the human race does not act today, it will be too late to undo it tomorrow. The future of upcoming generations resides with the present generation. The need of the hour is to act, rather than signing papers or reserving holidays for celebrating human rights.

Confusion and controversy are rife in the discussion of the relationship between individual rights and public safety. The country has a number of clear and concise laws that seek to safeguard individual rights. However, the government has always shown disregard to the basic constitutional and legal provisions in its attempt to enhance public safety

It contains laws that help protect the safety, freedom of speech, and fundamental rights of people in our country. There is a balance with the governmental activities thanks to the constitution.

This brings us to the issue of public order. It is quite clear that public order is capable of being preserved without the offense of blasphemy – a law that is yet to be made use of in this century. The general criminal law, including offenses relating to incitement and offensive behavior, covers this area adequately.

Many people drink in moderation to control their drinking problems, but the counter-argument says it is addictive. Not only are they destroying their livers, but they are also taking a risk of getting in trouble with the law. There are a lot of issues that come up about drinking, but maybe these people can not stop one day to the next. It does not make them bad people if they are trying to quit by drinking in moderation.

Chief Justice Rehnquist also explains that the presidential power to hire and fire employees of the executive branch of government at his sole discretion remained indeterminate until 1953 when in the case of Humphrey’s Executor v the United States; the court held that President Franklin Roosevelt had the power to expel William Humphrey, who was the Federal Trade Commissioner.

Under the Indian penal system, foreigners, political prisoners, and high-caste criminals are treated better than the rest of the prisoners. In Indian prisons like in many other prisons of the countries with the same level of well-being torture, other types of physical and sexual abuse, as well as a high level of suicides are a common practice /India Penal System, 1994.

What favors Hagger’s application however, is the real and harrowing experience he had in the US where he was systematically deprived of his right to earn a living and engage in an activity he has expertise and talent in, in addition to the immediate threat to his life. In addition, the fact that these elements out to harm him was able to follow him even in Germany left him vulnerable even in that country, could sway the RRT in his favor.  

Keeping the above discussion in view, it can be said that for some of the rules that have been created by the communities to guide the behavior of their members are in no way justifiable. Communities although create rules to guide members, but there should be some basis or logic behind them. Some rules like in the above-mentioned cases have no grounds.

France, on the one hand, may learn from England the inestimable benefits of keeping separate the judicial and legislative functions of remunerating judges more adequately while reducing their numbers so as to reduce corruption. This is the same principle that guides the concept of “judicial precedent” wherein the decisions made by a judge in a previous case are binding on the decisions of future judges when facts are the same. 

Among the many regulations which span as many as 3 decades ago, there are many related to exemption clauses, a common feature in the case of contracts. Such exemption clauses are supposed to be prepared in a very careful manner so as to avoid any problems. Such exemption clauses can be classified into two distinct categories. 

Proper accountability measures should be taken at the state level to prevent the occurrence of such violent issues and to protect the freedom of the Americans. These laws would assist in normal innocent citizens from becoming victims of police violence.

Legalization also would allow law enforcement officials to concentrate more on violent crimes and alleviate prison overcrowding, a move that would keep violent criminals in jail instead of being paroled early. The reasons to legalize far outweigh the justifications not to as this discussion will address.

These programs are designed in such a way that the prisoner is enlightened of the benefits of good conduct. They act as a link between the prisoners and the public. Institutional management has to ensure that the institutions adhere to these functions. In the effort to deliver their services accordingly, correctional managers have the authority to use different leadership styles.

The issue is crucial since all people live in society and the legalization of soft drugs may have an impact on all people in society. In addition, the use of soft drugs is one of the most-watched variables of the development of the people of any society. Therefore, the study covers the success or failure of the legalization policy; costs and benefits of legalization, the effects of cost, on-demand and the effect of the prohibition of some goods on cost.

Public administration plays a crucial role in the overall running of the government. A well structured and effective public administration is an implication that the government is functional. It should be therefore the same public administration that should ensure that policies that gather for the need of both employees and workers are gathered for.

The claims arising from the termination of the contract either for convenience or default should be a handled by a task force committee with the mandate to hear and determine such cases to avoid a situation where the contracting officer who awarded the contract to the contractor is the same person determining a termination.

The suspect was arrested by the LAPD on Thursday at 8 a.m before the student’s body being found. He was later booked on Friday morning. Alkadi’s body was found on Thursday night at Palm desert, but the police chief could not explain how the body reached that place being one hundred and fifty miles from Alkadi’s home. 

Damage to property was considered a serious offense and was treated as a felony. The category included burning of property, killing of domestic animals, destroying plantations, destroying a fish pond or riverbank, damaging a piece of cloth when it was worn, attempts to demolish a house, breaking into a building to steal and arson.

This begs the question as to how can a crime in international law brings those to account for aggression when domestic law claims it has no jurisdiction. Without a clear definition and any attempt to incorporate international law on aggression into UK law, the doctrine of sovereign supremacy prevails. 

Moreover, the manner of payment and repurchase would point to conditional sale rather than a mortgage because the payment of the debt was not an imperative condition with foreclosure only to be imposed contingently. There was actually no need for a foreclosure in the first place since the property was already transferred in the name of Tariq.

Using both of the above as guidelines for deciding whether Adnan should be charged it is obvious that if the courts are able to infer from his actions that the things he was doing should be regarded as more than mere preparation then he is likely to be found guilty.

Not only can a doctor share their patient’s information, but they are also required to when their patient, as most do, belong to a health maintenance organizations (HMO’s) which maintain health records of their clients. In addition, life and health insurers require applicants to release their medical records prior to issuing a policy.

In the future, European Union may reach a stage where a common constitution may replace the existing constitutions of the member states but till the day states are enjoying sovereign rights, the EU can not be called a federation and the treaties created by member states can not constitute a European constitution.

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”.

There are many problems revolving around the issue of serial killers because there is no specific way of reducing these killers.  Most of them are on the streets and they act normally at first appearance; thus, it is difficult to identify them. Research has shown that in every ten people, two of them are serial killers with some recruiting innocent children.

Mill was of the opinion that the society or the individual could only interfere if the actions of a person or a group were potentially threatening. Under these circumstances the society was justified in using power to restrain a person or a group from harming others.

Serving jail sentences is usually the most preferred form of punishment since it provides a regulated environment for the offenders thereby providing a conducive environment for the rehabilitation of the criminals. Despite such beliefs, official statistics continue to show that community sentencing has up to a 15% success rate in preventing re-offending.

Women, in general, were upset that the erstwhile polished and accomplished men either refused or could not discern the difference between general banter and sexual harassment. Moreover, African American women were left to suffer an affront to their dignity, as if their gender status was less important because of their race.

O’Reilly v Mackman is also credited with extending and qualifying the general rules and ambit of judicial review. Those general principles ensure that decision-making powers are exercised fairly and reasonably.  Moreover, the decision in O’Reilly maintains that judicial review exists to ensure that those decisions are exercised on a legally correct basis.

In criminal evidence, the law states that any confessional statement made by a suspect before the police, and if it is not being given under any pressure is considered admissible under section 76(1). Under this section, during the hearing process, the court is required to interpret a confessional statement on the basis of the circumstances it was made. It is purely a statement where efforts are made to prove innocence and free from guilt.

The issue of liability and risk associated with non-conforming goods arises in CIF contracts, seaworthiness and the contract between the buyer and the seller. The underlying goal is to determine whether these laws are sufficient for the regulation of liability and obligations under an international contract for the sale of goods and what changes can be made for improvement.

A person who without lawful excuse destroys or damages any property belonging to another intending to destroy or damage any such property or being reckless as to whether any such property would be destroyed or damaged shall be guilty of an offense.

Individuals are responsible for the consequences of their own actions, regardless of superficial differences. Given this thought, the racist objection to the death penalty is not an objection to the view being presented here, but with how the practice is carried out under the current system, within the current social climate.

AAIB will most likely proceed upon notification of the incident involving Jack and the CESNA 172 firstly, by coordinating with the police, the Air Traffic Control and the Aircraft Operator for evidentiary purposes. It will thereafter send two kinds of an inspector to conduct the investigation: an Operations Inspector (OI) and an Engineering Inspector (EI).

Jayne owns the property, therefore if the elements of public nuisance are satisfied she can bring a claim for nuisance. Moreover, Private nuisance is an unlawful interference with a persons use or enjoyment of land or some right over or in connection with it. As Jayne has a proprietary interest in the land, she will also have rights in private nuisance.  

It is unfortunate that this section of the Act doesn’t help the seller in the sense that it refuses to recognize the possibility of unexpected factors blocking or hindering the smooth delivery of the goods as planned. This code inconveniences the seller even though it has spent a lot of money to prepare the goods for delivery.

Section 33(1)of the Companies Act 2006 does not appear to alter the previous position. Section 33 (1) provides that the “company’s constitution” is binding on the company together with each of its members in the same way that covenants made by the company and its members bind both the company and its members.

Deterrence refers to the use of punishment to discourage people from offending or re-offending. As a result, several “tough” sentencing laws have been enacted that have seen the number of imprisonments soar over the years. However, a major policy question regards the effectiveness of punishment in preventing crime in society. 

The mission of the agency is to take the challenge of preventing access to sensitive information concerning the security of the nation by foreigners. The agency uses signals of intelligence to collect, process, destroy from foreign signals so as to protect the defense operations of the military

Many of the exceptions still overlap, and more importantly, hearsay broadly is still excluded. The process of determining the admissibility of the “hearsay” evidence still depends in important respects on judicial discretion that is more often than not, not made suitable for application by lay magistrates and is often exercised inconsistently in the Crown Court.

Most arguments that allege inadequate protection of civil rights in the Charter raise the red flag of violation of rights of the aboriginals and the other minorities. But it may also be argued that while there could be individual aberrations of justice, this does not support the contention that the Charter is flawed in its entirety.