Law Essays

For example, if A pointed a gun at B, with every intent to shoot and kill him/her but failed because the barrel of the gun was empty, should this not figure into the determination of liability/  Certainly, it was impossible for A to accomplish the desired outcome of his crime but, only because, unknown to him, there were no bullets in the gun.

The rule of law is missing and this is one aspect that needs to be taken care of since it seems like a law of the jungle at the present moment. Anybody can go out there and kill anyone. This does not happen in a civilized society and surely this is something that can surely come under the rightful tenets of human rights and its related perspectives.

The investor should be more effectively protected through the provision of one or more of the following rights [13]: a) receive dividends on pro-rata terms, b) vote for directors, c) participate in shareholders’ meetings, d) subscribe to new share issues on same terms as inside, e) sue directors or controlling owners for suspected expropriation.

The name itself, the PATRIOT Act is an acronym for Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism.  The label for this law was cleverly designed and packaged to enlist broad support from a nation is generally vulnerable to PATRIOTic propaganda but even more so at the time that it was so swiftly enacted.

The real problem of the Basic Law is that it is vulnerable to amendment by the national people’s Congress of China after 50 years.  We thus might at that most unfortunate time, behold a possible exodus of Hong Kong citizens reminiscent of the pre-1997 hegira of its citizens to such countries as Canada, the USA and the UK.

Children living in high delinquency areas are exposed to contradictory standards and forms of behavior. The presence of a large number of adult criminals also means that many children are in contact with criminal behavior and organized crime. They also more readily become familiar with the location of illegal institutions and the procedures and contacts with the corrupt officials which make possible criminal activity.

In summary, it is highly likely that Simon will be liable for William’s death factually and legally on the causation test. Whilst the police officer’s breach of public duty and the medical negligence contributed to William’s death, these acts are unlikely to constitute a sufficient Novus actus intervention to break the chain of causation.

The tribunal exercised justice in both cases because they first assessed the circumstances which resulted in conflicts between employers and the workers. Also, in both cases both parties were given adequate opportunities to give their views regarding the situation before the tribunals ruling (HM Courts & Tribunals Service, 2012, p.5).

UCITA tries to provide a uniform provision that is applicable to all the states in the USA. There is severe criticism against UCITA from the drafting stage itself and only two states have implemented it in their act. UCITA is inherent with many anomalies and limitations which have to be addressed else its future in the USA seems to be very bleak.

Clearly Bolton was not the popular choice for the post, has always been extremely vocal in criticising the UN. Leading up to the September 2005 Summit he was attempting to use the US’s leverage as the largest contributor (22%) to the UN’s budget to force through more than 700 changes to the agreed reforms by blocking the $3.6 billion biennial 2006-7 budget. 

The treaty is subject to the interpretation of the contending parties. The law will not settle the issues if the ECJ will not uphold it. Jurisdiction is defined as the authority to hear and decide a case. Controversies created by different interpretations could not be left hanging in the air. The parties want a definitive interpretation of the state of law. 

The remedy that would be available to beryl would be a breach of contract on the basis of promissory estoppel. A unilateral contract is a promise for a particular act. Therefore if that promise is breached, Beryl can claim recoveries for her wasted expenditure and time in fulfilling the terms of the offer and the loss of expectation of receiving the sum of J50 in cash.

The question that arises, in this case, – is whether Germany’s tax valid and sustainable under Community law that needs to allow for the free movement of goods within the European Union. It may be noted that case law has established that in all such matters which were once in the province of national law, it is now EC law that will pre-empt national laws.

The whole idea of the juvenile execution system is not a good form of punishment and many are now against it. Many organizations are now fighting for the abolishment of the juvenile system entirely and they are hoping that they would succeed. The court should consider the fact that juvenile execution won’t wipe out the crimes that many children commit.

The Darryn Walker Case which has now been ongoing for over a year set a new benchmark in internet crime. Fantasy crimes which come under the Obscenity Act are very rare, according to Media lawyer Mark Stephens said: 'I think it is certainly the first fantasy case because nobody has been able to come up with fantasy so bad before’.

Clearly, children and all other victims must be protected and they should not have their own Internet privileges reduced due to multiple regulations created which seriously restrict the access to Internet-based knowledge. People have a right to utilize today’s Internet as a means to enhance living and expand personal knowledge.

One of the goals of the Criminal Code is to punish wrong-doers. Another is to seek revenge against those who have broken the social compact. These are important things to remember when discussing capital punishment. For too long, Canada has sat back and allowed criminals convicted of heinous crimes to live long, comfortable lives in prison.

The ancient Chinese people were the first people to use fingerprint technology for purposes of identifying business documents. In 1892, Sir Francis Galton managed to come up with a system of classifying fingerprints. In 1896, Sir Edward Henry, the police commissioner of the London Metropolitan, developed his own system of classifying fingerprints. 

Child abuse and neglect is a violation of basic human rights of a child resulting from social, familial, psychological and economic factors. Familial factors include lack of support, poverty, single parenthood, and domestic violence among others, and the common types of child maltreatment include physical abuse, emotional maltreatment, neglect.

The case of Wynn v NSW establishes the case of continued liability of a defendant when an injury has been sustained by the Plaintiff for which foreseeable additional damage potential exists in terms of susceptibility to future injuries. When a further injury results due to an earlier injury, then “damages would be assessed, as in this case.

This case highlights the need to refine the legislation in the area of inequity in bargaining contracts, especially in those executed by financial institutions such as banks and credit cards, and to ensure that the protection for consumers that is provided through the UCTA be extended on a more wide-ranging basis.

There are many ideas and opinions held by individuals who fall under the criminal justice field and the public to understand how the system works. The reforms are in terms of the punishment and rehabilitation amp procedures for the criminals, which each side brings about the benefits and the challenges to the case.

Therefore, an executive administrative feasibility essay evaluates organizational goals-against regulatory policies to determine if they are achievable with a specified period.

While in the UK, the law-making function of the judiciary is not so pronounced, this may be seen to be a function of the lack of separation of powers between executive and judiciary through parliamentary sovereignty. However, precedents set by the Supreme Court have undoubtedly formed the body of future law and therefore the objections to the judicial latitude allowed within Hart’s Rule of recognition are justified.

How does equity conflict with common law? Equity is a function of judicial discretion that started as a means to introduce some flexibility in common law, however, it has now developed its own set of operative principles. The maxim of equity that was applied in the case of Walsh was that equity looks upon that as done which ought to be done.

Farrar has spelled out these fiduciary duties and one of the most important aspects of this fiduciary duty arises when there is a conflict posed between the Director’s interests and the interests of the Company, where a Director is expected to subordinate his own interests to that of the Company rather than profit from his position as a Director. 

The conclusion that can be drawn from the above is that the courts are likely to insist that Marcus has to compensate David for the amount of money he has paid towards the upkeep of the property. David is unlikely to get an equal share of the profits in the property as he did not pay towards the purchase. 

Although the decisions of the English Courts may feature the reluctance of the Court when it comes to adopting the precautionary principle as something that can be justiciable in isolation from other causes, there are already many instances where the principal had been seen as part of the laws of the land.

Jury selection is laid down in the Juries Act 1994. While it is proven that there are reasonable alternatives to a jury trial and that there is no doubt that jury trial is both times consuming and expensive when compared with trial by magistrates or by a judge alone, however, the right to a jury trial shall not be dismissed so lightly. 

The size of the government has been growing and there needs to be a clearer understanding by the public that there is no misunderstanding of the intentions. The act, irrespective of the implementation hassles, there are too many positive aspects which make the government more responsible and the state's ability to govern improves.

The problems associated with the calling up of capital, however, are that (a) Anna has sold on her shares to Docu Control, although SDI has not yet acknowledged that a transfer of shares has taken place and (b) Bill’s shares have been sold to Mystery Holding Pty Ltd, which has become insolvent and is in liquidation.  

The values contained within the framework of democracy are based upon the rights of individuals and the freedom to enjoy certain rights and liberties under the law. While terrorism is undoubtedly a lethal threat and terrorists are the cause of violence and damages, the use of torture cannot be condoned within a democracy.

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...”.

Griffin (2013, p.281) argues that a crime occurs when one has obeyed the laws through acts of omissions that are punishable by law. He also notes that crime is one of the social ills facing many societies in the world. This is because even a day hardly passes without a criminal incidence being reported in the media. 

Different types of these courts were also developed over the years.  At first, these courts only addressed adult substance users; however, in recent years, these courts have also included non-traditional offenders, such as juvenile substance abusers and users, as well as recidivist offenders arrested for driving under the influence (Huddleston et al., 2008). 

So it can be concluded that deportation is not the only situation to handle illegal immigration. One can thoroughly go through the records and make decisions accordingly. Not every illegal immigrant is considered liable of crimes. The situation and the background should also be examined and then the actions should be taken according to the productivity of an individual.

An article entitled Liquidated Damages (n.d.) said that liquidated damages (LDs) are set and agreed in advance by the following legal principles:a) they are an agreement, determined in advance, by the parties to the contract, and included as a provision in the contract, to pay a pre-estimated amount of damages for a particular breach;

Incidences of domestic violence, a growing problem in the U.S., affect the emotional, cognitive, and behavioral development of children, produces disharmony in the family unit, and instigates harmful lifetime problems for all concerned.  When exposed to threatening or brutal emotional and/or physical treatment, children experience traumatic stress disorders that require exceptional coping skills.  

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.

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.

Giving children rights that have some independence from the rights of adults creates huge problems. What hurts the grown-ups who raise the children inevitably hurts the children. It is almost impossible to separate the plight of the child from the plight of the grown-up community on who that child depends.

Corporate or white-collar crime has been identified by several theories to be caused by many reasons, such as employees who perceived themselves to be treated unfairly who seek retribution, (general strain theory). The Behaviour Genetics Theory postulates a biological explanation for crime. Abnormal serotonin levels have been shown to be the origin of criminal behaviors of all natures.

My sympathy for Ms Brown was aroused, though. She was a mother who had lost her child. She must have felt guilt, feeling that she should have protected her child better. Then this attorney was asking her questions about her actions to protect her child, and she must have thought he was accusing her of being neglecting of her daughter.

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.

Though there are a few exceptions that prove the rule, the vast majority of corporate executives in America serve only their insatiable appetite for wealth without regard for the wellbeing of others, even those within their own corporation.  Recent corporate scandals of epic proportions have illuminated this scandalous and unforgivable state of affairs. 

Chadwick was working at the railroad when the incident happened and he was forced by circumstances to give aid to the victims of the incident. He was not in anyway duty-bound to extend help to the victims but he did anyway. Unlike Palegray, he did not have the right training and experience to deal with the aftermath of the incident. 

In the matter of the sale of generic goods, the seller is bound to supply appropriate goods of the description on the contract as per the case of Bowes v. Shand (1876 – 77) L.R. 2 App. Cas. 455 (HL)₄. In the case here under review, shipment time was restricted to  February/March 2009, although loading was actually completed on 2nd April 2009. 

Many of the difficulties associated with the conflict of laws and the nature and legal status of a partnership can be overcome by an express partnership agreement with a choice of law clause in which the UK is the governing law. The same approach should be taken to all buildings and other contracts made with parties outside of the UK.

A database of case studies can help us to find out the behavior patterns of the professional criminals so that we can identify the less risky offenders or the actually mentally disordered lawbreakers. Actuarial Assessment procedures are very much dependent on the static variables, which makes it almost completely devoid of Emotional Quotient. 

The beginnings of the UK Trade Mark Law took root as early as pre-1875 and were part of Common Law. The ground for protection of marks was then based on the concept of deceit and misrepresentation, which eventually evolved into the property after the passage and adoption of the first trademark law in 1875.