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The Truth and Reconciliation Commission was questioned in the Azapo case as to whether it was unconstitutional for the law relating to the organization’s prevention of victims of atrocious conduct during the apartheid era from suing those involved who came forward and told the real truth to the commission.
These include that one must be of sane mind, over and above the age of 18 years, and be not under the influence of external agents such as drugs or alcohol. To be legally binding, a contract requires two vital components, which are agreement and consideration. Consideration is usually the trade of something, such as remuneration for employment with a service contract.
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13 pages (3250 words)
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The traditional system of tort law relies on three elements in arriving at recovery for the plaintiff; this includes harm, cause and breach of duty. For the victim’s case to be maintainable in law, therefore, he or she must have suffered some harm or injury, such injury or harm should have been caused by the injurer or defendant.
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.
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While the medicinal use of marijuana under strict regulations is permissible, legalization of marijuana for recreational and personal use will be suicidal. The initiative to legalize marijuana for recreational use “would allow those 21 years and older to possess up to one ounce of marijuana, enough to roll dozens of marijuana cigarettes”.
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In today’s world, the economy of most of the countries is facing downfall, which is creating adverse effects on the living conditions of the people belonging to those countries. When the economic conditions of a country become unstable, it brings a negative impact on the living style of the people of that country.
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There are 4 elements in a valid contract. They are an agreement including an offer and an acceptance; something of value that each party gives up; contractual capacity or the realization that both parties must be competent and of legal age; and legality which refers to the idea that the contract is not against any public policy laws.
When the legal and equitable owners are the same and when they are not, an express declaration in respect of the equitable ownership and trust of land is required. Thus, as Harry was the legal owner and Patsy had possibly acquired an interest under the express trust. The requirement of s.52(1) of the Law of Property 1925 is satisfied.
It is a general principle of law that a tortfeasor is only liable for damage that is of a kind that is the natural and probable consequence of his wrongful act and must not be too remote. If we apply this to the current scenario, Alan inadvertently pressed the accelerate button on the handlebars, which then went into Brian’s stall.
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Since “crime opportunity are concentrated in time and space” (Felson and Clarke 1998, p. 5), police officers in Newark were encouraged to drive around the areas where most of the crime takes place more often. The term “hot spots” is referring to public areas in Newark that are often left unguarded by police officers.
Workplace sweeps are very effective at detecting employed illegal immigrants. However, the consequences of these sweeps need to extend beyond the workers themselves. Companies that employ illegal workers at illegally low wages and often in unsafe working conditions need to be fined significant amounts to discourage this practice
The author states that criminal law is based on public law and the state is part of the proceedings against the accused person. The criminal law comes into operation when an offense has been committed and the state initiates a prosecution against the accused. Thus, it is the state’s case against the accused and criminal law in relation to English law.
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This is the debate that rages within the world, and most of the world has acquiesced to the idea that the state has no right to take the inalienable right of life from an individual. Social contract theory defines the relationship between people and groups through contractual obligations and reciprocal social relationships.
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Critics of immigration law express the view that the immigration law is largely silent on interior enforcement, which at the same time is not well-defined (Weissinger para.5). Many people and organizations have faulted the INS capacity for failing to deport illegal immigrants especially those seen to have criminal records.
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The American social life became too professional nowadays. Nobody wants to care about others. An adolescent brought up in such selfish societies may think about his needs only rather than the needs of the society. In other words, morality and ethical principles have little or no meaning at all in the current social life.
I will try to convince them that for the sake of the organization and the citizens at large, it will be noble to do the right thing. In the long run, the company will likely lose the trust of the customers if they discover that the organization has been covering up something they knew was dangerous to the people for the sake of financial gains.
However, there are certain sections in the act that pertain to the specific topic of confessions and their admissibility in court. The Police and Criminal Evidence Act have set out in section 82 of the act the definition of what would constitute a confession.
The same goes for the second part in respect of the bracket and the year that is the brackets are generally used within which year is signified and the year of the case is put in, in the current case. WLR stands for weekly law reports which are published and 478 signifies the page that the case would be found on.
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The author is an assistant professor of criminology at the University of Ottawa in Canada and a lecturer in criminology at Carlton University also in Canada. She is the founder of ACCESO INTERNATIONAL which seeks to provide educational opportunities to students in economically disadvantaged countries.
Most countries in the world see themselves as part of a "family of nations" which is referred to as the international community. And just as there has been the apparent need to govern the relations of individuals in the context of the state so too is there a need to have the same for states. States are treated as individuals dealing with others.
It thus follows that the issue is not one of definition, but one attributing to the particular circumstances of each case. Sports may be allowed to govern themselves but in cases of serious bodily harm where the defendant may be liable under s. 20 of the OAPA 1861, the victim will most definitely have to pay the price.
It is having an intricate business setup and will have a higher cost for incorporation and reporting formalities as compared to other forms of business. The procedures, rules, reporting, and accounting needs for companies are governed by the Corporations Law. Since it is a juristic person, a company can hold, sell or buy property, be sued, or can sue and engage in contracts in its name.
The following presentation illustrates relevant aspects of commencing a business with a specific focus on the pros and cons of Sole Trading, Partnership, and Company Operations. When a person individually initiates and operates his/her own business, it is called sole trading.It generally involves a lower amount toward capital investment as compared to other modes of business ventures.
Although Roe V. Wade has raised too many controversies with respect to the decisions taken by the court, one cannot deny the increasing level of instances where the action is actually carried out based upon pure selfish interests. Therefore one cannot really deny the fact that people do not abstain form exercise of the right whatever be there views
The author explains that the legal provisions regulating working hours and rest periods are the Working Time Regulations came into force. Under the Regulations, the main legal influences impacting working hours and rest periods are employee status, the type of work involved and the extent to which employers have not opted out of the Regulations.
The associations with the environmental laws and water pollution are designed to change the damage which is now prevalent on the earth. The first step to this came from the UN’s establishments and policies to begin to change the water pollution that was used. This was followed by federal regulations in the United States based on the Clean Water Act
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The art of conviction in any country is no doubt complicated, time-consuming, and can be improper. The possibility of wrongful convictions is quite prevalent since the nature of it is so sophisticated. The criminal justice system has many flaws that need to be apprehended right away, for the sake of innocence and justice.
EC competition law is one of the fundamental policies of the Community and is mentioned in general terms in the preambles and Article 2 and 3 of the EC Treaty. The principal provisions of EC competition policy are enshrined in Articles 81 and 82 of the EC Treaty[ Ibid. ]. Article 81 governs prohibited agreements and practices.
Free movement of workers is incorporated in the European Treaty under article 45 of the treaty, and the law on the Free Movement of workers has been further developed by legislations, most importantly by the directives issued by the EC including directive 2004/38/EC on rights to reside.
The strict rule regarding performance can be mitigated in certain specified circumstances. In particular, the doctrine of frustration will enable a party to be discharged from their contractual obligations by reason of a change in circumstances. A frustrated contract is a contract which subsequent to its formation becomes incapable of being performed as a result of unforeseen circumstances outside the fault of either party.
As by definition felonies constitute one or more years in prison. Moreover, the felony procedure in Illinois is very specific. These specifications allow for no errors to be present. However, in the event that an error arises the verdict in the case is dismissed. In the state of Illinois, individuals are first charged with the felony.
It has been stated that in order to derive justice the principles of horizontal effect of directives have been used and so and indefinite period of default in respect of member states obligations is prevented. One of the arguments in favour of horizontal effect is the equality in respect of the conditions of competition.
The juvenile justice system in Colorado is under the Division of Criminal Justice of Colorado. Presently, the juvenile justice system is administered by the Office of Adult and Juvenile Justice Assistance (OAJJA) which covers seven major federal and state criminal and juvenile justice funding programs.
Ex-Cell-O insisted that the purchase was on its own terms, which did not allow for such a price variation. The Court of Appeal ruled that the contract was on Ex-Cell-O's terms, not Butler's because Ex-Cell-O's first reply to Butler was not an acceptance of Butler's offer, but a counter-offer, which Butler accepted by signing the tear-off sheet.
There are many terrible effects of this kind of violence. It can result in a permanent criminal record and an inability to obtain a passport. Worst of all, if someone is injured or died there is a seriously negative effect on their family and the family of the offender.It is a tragedy, but it is true. One reason for this is that women in these situations are pressured by their partners not to report the crime.
Emergency medical treatment and active labor act (EMTALA) has been a crucial step towards guaranteed medical examination and test for emergency cases. Since its enactment, it has helped to terminate undesired medical practices for emergency treatment. The act, however, is not fully accepted by some medical practitioners
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It is in the best medical interests of the entire PTA profession that the guilty are brought under the due process of law in order to save the reputation of the profession. At the same time, diligent and law respecting members of the profession should not be made the targets of whims and fancies of members of the public and patients
The frustration of purpose as an element of the doctrine of frustration is a rarely applied factor albeit there are some cases where it is employed. As was previously discussed in Davis and in some of the coronation cases, the Court is not inclined to use this excuse to let a contractee escape from his obligation but in some of the cases.
Furthermore, the judge doubted whether the agreement was a standard form of agreement utilized in the industry and felt that Wayne Rooney’s position as a minor coupled with his lack of bargaining power and inexperience at the time of contractual negotiation operated towards the agreement as voidable.
The House of Lords takes a strict approach to the fiduciary duties of directors specifically in the context of the doctrine of corporate opportunity. In short, Regal (Hastings) v Gulliver and Ors ruled that company directors were not at liberty to take advantage of corporate opportunities as the same was a contravention of the fiduciary duty.
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The death penalty has been an issue of controversy and debate for ages and one comes across a large number of arguments for and against capital punishment system. Capital punishments were prevalent at one stage or other in the developmental history of many nations and many of them have constitutionally abolished the death penalty.
A contract arises when there is an offeror who makes an offer and there is an offeree who accepts it. The offer specifies the terms of the contract (Kelly, Holmes, and Hayward, p. 109). As such, an offer is an expression of willingness to form a contract, by the offeror with the offeree, subject to certain terms and conditions.
The second problem is the measuring of damages. The two measures that would possibly restore the claimant to his original position are an order of the payment of the difference in value that he has been paid and the value that he was actually supposed to receive and the cost of putting him in the position of the contract having been performed.
The author explains that the UK Companies Act 2006 has laid down certain laws under which public monies could be used by corporates, especially directors and managers who have powers. If the total administrative powers are left in the hands of managers, it is quite possible that they may misuse such powers for personal gains.
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The author has had many obstacles in his life, but he has persevered and overcome them. They’ve shaped his personality but not overcome it. He remembers how much his parents valued education; which kept the flame of a better life living on within him. The author does his best to strive towards excellence with obstacles.
Procurement, as defined in Lawyers.com, is the purchasing, leasing, renting, or selling of materials, services, equipment, or construction (as for a government agency). A more detailed idea is that value for money is the optimum combination of whole-life costs and quality to meet the user requirement (UK Office of Government Commerce).
The fundamental law that governs this case would be the Children Act 1989. According to this act, the mother has parental responsibility for the children, and the father would also have parental responsibility if he acquired it or if the mother and father were married at the time of the childrens' births (Children Act 1989 (I)(2)).
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Spouse of a person charged in the proceedings is compellable to give evidence for the prosecution in respect of those proceedings only for the specified offenses mentioned in section 80 (3) above. Originally, the spouse was not compellable for the prosecution at common law in view of avoiding discord in a marital institution besides the notion that husband and wife were one.
No country is safe. There are over a hundred and thirty terrorist groups across the world. Sadly, no single week passes without hearing the acts of terrorism in some parts of the world. Terrorism is evolving and applies advances in science and technology. Apart from conventional acts such as suicide bombings, kidnapping, and assassination, some terrorist groups have resorted to biological and radiological arsenals.
The three principles the international environmental law treaties embody are the following One, Duties owed to Future Generations which the 1972 Declaration of the United Nations Conference on the Human Environment in Stockholm contains as Principles 2 and 5. The 1992 Convention on Biological Diversity obligates parties to integrate into their national laws the issues of conservation.