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Intellectual Property is an intangible property which is a creation of mind. The creator’s property is generally protected through the mechanism of patents, copyrights, and trademarks. Intellectual property rights are granted to the creators to safeguard their interests so they can reap the potential benefits for their efforts.
Such a person can refuse to supply information to the interrogating authority about the offense's occurrence (Hocking and Manville 63). Moreover, he can refuse to divulge information about the identity of the participants in the crime.
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Most of the communication now happens over email, which has now become the most preferred form of communication between businessmen, corporate giants, lawyers, doctors etc. It has revolutionized the manner in which communication takes place, and is the fastest mode of communication, at just a touch of a button
Proper acceptance of the offer is important to form a legally binding contract. Acceptance must be communicated to the offeror within the stipulated time. An acceptance which is not made in time is not available. Also, an offeror is not bound to keep the offer open unless his offer to keep the offer open is backed by a consideration.
The case of John and the couple with their stillborn infant was unfortunate. On the part of John, his insanity could be helped established through the defense witness of his psychiatrist who had been treating him for months prior to the incident. This will provide a strong basis for his mental disorder. His defense will be unfit for trial.
In order to do this, it will be necessary to consider whether John had the necessary men's rea for the offense of murder and whether his actions were sufficient actus reus for the offense. It will also be necessary to consider any possible defenses that might be raised by John such as automatism, diminished responsibility and provocation.
As the paper stresses that organizationally it will commence with a general discussion of fairness (or equity) and legal certainty and then proceed into consideration of specific aspects of employment law. Finally, a concluding section will draw these various argument threads together, offer conclusions about the state of employment law.
The standard of care by which her actions will be measured is required by a skilled and experienced driver. Belinda’s actions are likely to be assessed directly according to civil tort relating to negligence, and thus as a skilled and experienced driver, she will have to be proven to have acted in contradiction of her duty as such a driver.
An agreement to arbitrate will have a closer and more real connection with the place where the parties have chosen to arbitrate than with the place of the law of the underlying contract in cases where the parties have deliberately chosen to arbitrate in one place disputes which have arisen under a contract governed by the law of another place.
It needs to be pointed out that special notice for such removal is required. However the section does not deprive the director of compensation or damages. Furthermore, the director has been given a right under s.169 to protest against the removal and is to be heard on the resolution at the meeting and the requirement of representations.
The law imposes formalities for different purposes. Firstly, they are designed for the prevention of fraud since writing provides documentary evidence which makes frauds more difficult and secondly, in case of a trust, writings are useful to help the parties what they intended and ensures that a trustee does not act in breach of trust.
The highest courts are usually at the state level staffed by the king’s men and the lowest at the neighborhood or village level. In China, elders played important roles in settling disputes. However, the early legal systems lacked the services of professional judges and were often reliant on public opinion to settle disputes.
According to the paper, the predominant legal method for addressing legal problems that go beyond national boundaries is through the promulgation of international environmental agreements. For the greater part, environmental problems are localized but may involve two or three countries sharing the boundary where the environmental problem happens to transgress.
This is a very vital stage of the process cycle. requires certain levels of expertise. Moreover, expertise in the policy process is the emphasis at this stage. Moreover, politicians having good insights in policy formation and problem-solving should be utilized extremely here due to skills and expertise.
The victory of the Conservatives ended a decade rule of Labour. A Coalition Government was created between the Conservatives and the Liberal Democrats and Justice Secretary Kenneth Clarke scored predecessors for a justice system gone awry, reviving the “punitive populism” criticism often hurled against Labour’s handling of crime and sentencing.
Clearly, in respect of the current situation it was the act of Trevor which had led to the harm and therefore the ‘but for’ test proves the fact that the harm was in fact caused by Trevor. The next issue would be that of determining the legal causation that is whether the act of Trevor was the substantial and the operating cause.
In the realm of tort based on the ground of psychiatric injury due to negligence, also called nervous shock in earlier cases, claimants are either designated as primary or secondary. A primary victim is one who suffers psychiatric injury as a direct participant in an activity for which the defendant is found to have acted negligently.
The book Law as Culture: An Invitation by Lawrence Rosen proposes the idea that the law is closely intertwined with a culture so that the law itself is an expression of culture. Rosen’s most persuasive argument is the notion of the impermanence of the law, which is underpinned by the uncertainty of its basic concepts.
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The whole of the common law is judge-made.’ Thus, in establishing an error in previous interpretation of the law and setting legal precedent, the judges by course of nature determine the actual social application of legal statutes in business, government, or other relationships between citizens and organizations referenced under legislative accords bound by Common Law.
The previous department manager left the company during Employee A’s leave. The new manager has agreed to Employee A’s return to the previous job, at the previous rate of pay. But the manager has denied the request for the 11 weeks of withheld salary. In Situation A, it appears that the company has met all the requirements of the Family and Medical Leave Act of 1993 (FMLA) requirements.
The concept of a legally recognized right to privacy under UK law remains the subject of complex debate and this and has become further contentious as a result of the incorporation of the Human Rights Act 1998(“HRA”); which provides an express right to privacy (Article 8) and it was hoped that the HRA would readdress the imbalance in protecting an individual’s right to privacy.
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The researcher states that if unfair or deceptive acts or practices entail an entity or entities which comes within the purview of more than one enforcement bureau has right to control, then the agencies can organize their enforcement activities. The effectual measures for unfairness and deception are autonomous and do not depend on each other.
Criminal justice in the U.S. bears much promise, although great challenges arise due to the fact that the United States has more than 310 million population, the third largest in the world after China and India. It is also a multi-racial society, a melting pot of races, attitudes, and mores (Geography, 2010).
There were no limitations to the supremacy of parliament and if the government had a healthy majority of supporters for its new law them there was no opposition from any person within the country or government. But of late, there have been strategies that have been laid down to make the government and parliament accountable to its people.
A contract can be a promise between two parties where one has to do something for the other in return for something like payment. Every contract consists of an offer made by one party and accepted by the other. It can be noted that a contract can be in verbal or written form but the most important thing is that there would be an agreement to perform duties especially between two parties involved.
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According to the paper, the Human Rights Act [UK] was received Royal Assent on November 9, 1998, and took effect 23 months later on October 2, 2000. The first sentence of the legislation expresses its intentions, “An Act to give further effect to rights and freedoms guaranteed under the European Convention on Human Rights.
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The paper tells that in internal legal and arbitral proceedings, party-selected and party-appointed arbitrators and judges play distinctive useful and practical roles. Their presence encourages parties to submit themselves to the court body’s jurisdiction assured by the idea of the presence in court of someone who can help them clarify and expound on their positions vis-à-vis international laws.
Article 12 of the UK Human Rights Act and the European Convention on Human Rights clearly declares that people do have the right to found a family and lead a regular family life (Hoffman 2006). However, in the case of the deportation of Sarah and her children to Discordia, their chances of leading a respectable and healthy family life are next to nil.
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This research will begin with the statement that international trade has become a priority in the global economic development effort, and many developing countries seek the cross-border transfer of goods, capital, and technology as a means to fast-track their economic progress and consequent social upliftment.
Invitation to treat has been defined as an expression of willingness of a party to enter into negotiations with another with the hope that a contract would be reached at the end of such negotiations. Items on shop display and their prices are treated as an invitation to treat (Fisher v Bell). Advertisements are generally treated as an invitation to treat (Harris v. Nickerson).
The Act explains the general responsibilities of employers, suppliers, persons controlling work premises, persons who manage and maintain workplaces, contractors, and employees. Enforcement of this Act is supposed to be the responsibility of the Health and Safety Executive (PCS, 2010). The executive appoints inspectors detailing their powers formally.
Dallaire’s memoir unveils his personal trauma in a controversial narrative, which highlights the flaws of the UN's role in enforcing international law. Dallaire suggests that a central flaw was the policy of intervention post-conflict, whereas the UN’s first priority should have been to intervene to prevent the mass genocide of 800,000 Rwandan Tutsis in 1994.
Today correctional facilities, in fact, as always involve many cases of human rights violations. Being a prisoner does not mean being less human. The jail does not take away the human rights that a person has in every-day life. The USA correctional offices reveal to have some of just terrible violations of human rights.
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The right of refugees to be entitled to social security in their host country is enshrined in the Convention relating to the Status of Refugees. The Convention was adopted on 28 July 1951 by the UN Conference of Plenipotentiaries on the Status of Refugees and Stateless Persons. It entered into force on 22 April 1954.
The MNDR, coordinating with the US Environmental Protection Agency, began to clean up the site and sued CPC as a deep pocket to recuperate cleanup costs, under the Comprehensive Environmental Response, Compensation, and Recovery Act, or CERCLA. CERCLA is one of the major enforcement protocols for the federal government as regards environmental issues.
Whether the policy considerations under section 202(a)(1) of the Clean Air Act enabled the Environment Protection Agency to reject issuing emission standards from vehicles; and whether the petitioners had locus stands to bring the case. Environment Protection Agency is required to set emission standards from motor vehicles or vehicle engines.
The European Union Bill 2010 has been the subject of many heated discussions in the past months. Since the British Coalition Government assumed into office in May 2010, the idea of passing a bill that will look into the powers of the Parliament has put forward.
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This paper tells that in defining the search, the court in the case of Katz V. United States said that a search occurs when the authorities go through the things of a person that are commonly considered as private. When such search is made unreasonable, the person subjected to the search may seek the protection of the Fourth Amendment and have the search declare illegal.
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An interesting debate the emerged recently is whether we ought to legalise the use of certain drugs, particularly heroin and cocaine. The prohibiting of alcohol and its eventual regulation in America have been cited as among the premises why the legalisation of the use of drugs and regulation will be better compared to prohibition.
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Furthermore, it is the contention of Lawrence Tribe, Professor of Law, Harvard University and mine as well that current attitudes and debates surrounding abortion these days have been “socially constructed”, not to mention irrevocably politicized to suit the moralistic resurgent needs of a puritanical ethic antithetical to the rights of women.
The organizations are penalized due to the miss management of personal information and the civil courts are also involved. Over the past, the government has launched websites and agencies to facilitate individual users and corporate organizations regarding the guidelines for protecting personal data. Currently, there are 19 agencies and websites working in a full capacity related to every domain for protecting the economy.
The social, political and economic interests of the nation are reflected in the intellectual property rights priorities of each nation and as such the intellectual property rights system undergoes radical changes with the passage of time and subsequent changes in the socio-economic and political need of the nation.
The author states that the situs of litigation may be stipulated upon by the parties as it simply refers to the place where the parties to the agreement, contract or instrument may institute an action as well as which laws to apply in the interpretation thereof. On the other hand, the jurisdiction, power or authority to adjudicate and decide cases.
The author states that unless the Constitution specifically gives the federal government, whether the President and executive branch, the Senate or House, or the Supreme Court and federal court system, a power, or specifically disallows a state from doing it, the federal government does not have that power.
The distributed nature of the details makes it vulnerable and tempting for malicious usage. Hackers steal such information and use it for their benefit. This is also referred to as identity theft. Identity theft is increasing in the UK at an alarming scale and causing losses to organizations and individuals. Extensive measures need to be taken.
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the national law has become common to the whole of England and thereafter is being called the “common law.” When Britain founded colonies all over the globe, the English settlers had introduced English law. In the majority of English colonies all over the world, the common law of England has stayed as the fundamental legal system of that country.
Most websites and social networking sites will have express terms of use that must be complied with and consented to by users as a pre-requisite to being able to use the website. The LinkedIn user agreement expressly requires any users registering to become a member of LinkedIn to agree to the terms of the user agreement and privacy policy.
The European Convention of Human Rights (ECHR) 1950 is a binding international agreement that the UK helped to plan and has tried to find a solution to comply with it for a long period of time. Using the Convention was basically taking a case to the European Court of Human Rights in Strasbourg, however, this was expensive and requires a lot of time.
A contract is an agreement which is enforceable by law and which creates rights and duties between the parties involved. This can also be a promise between two parties that one or both of them has to do something for the other in return for something. This is binding and legally enforceable if the agreement has been made.
With the advent of computers, new ways of information flow began to be adopted. Computers and information technology helped rapid advancement in different fields. The increasing scope of making better designs, adopting newer business methods and the invention of modern technologies increased the bulk of intellectual properties immensely.