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The issues that impinge upon the accident and the quantum of compensation payable to the applicant, Fred hinges on the following facts: Marcus was driving the car in a drunken state, violating English laws on driving conduct. He was aware of the fact that his driving conduct could cause accidents and injuries.
Of course, the intervention of science is critical in confronting a series of health problems; however, fertilization is not exactly a health problem; for this reason, borders should be set – which exist in any case in all health – related issues – regarding the potentials of the science to intervene in human functions
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As society has evolved, so have the methods and processes of capital punishment. Public hangings, stoning, decapitation, or burning at the stake were all acceptable methods of capital punishment that were historically used. Today if an inmate’s life is going to be taken as a result of punishment for a crime he or she committed, many believe it should be done as humanely as possible and that all measures to prove guilt have been accomplished.
According to Selwyn N. the term “employer” can be defined as “a readily identifiable identity, …, any person, partnership, corporate body or unincorporated association who (which) employs one or more persons under a contract of employment”. The Fair Labour Standards Act gives another definition to the term “employer”,
. Due to its prominence, now a day it is becoming an easy target for terrorists. So, aviation security gets high priority for air travellers. Security is needed to prevent criminal activities such as hijacking, damaging or destroying aircraft and nearby areas with bombs, assaulting passengers and aviation employees on aircraft and in airports.
The prosecution of white-collar offenders is done predominantly by the Federal Criminal Justice System, as most of the laws against corporate offending are federal laws. Although seemingly a powerful entity, the federal government is far less concentrated and centralized than is true for entities prosecuting conventional crimes.
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This is the general consensus among all the eminent criminologists that intent and opportunity are the two major drivers of crime. If a person who shows tendency towards any criminal act is deprived of a convenient opportunity to act upon his/her bad intentions, crime would not occur in the first place.
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White collar crime does not have a clear definition. Instead, many sociologists and criminologists provide differentiation between the definitions of white-collar crime. Yet the various definitions employ similar characteristics. Sutherland termed white collar crime as a “crime committed by a person of respectability and high social status in the course of his occupation.
This research will begin with the statement that the legal process by which an individual becomes a British citizen is characterized by a strict testing of allegiance that is somehow unique to the country. Such formal process covering British nationality and immigration laws have emerged back in 1870 after the United States declared its independence from Britain.
This conclusion established that the government of Massachusetts, representing the entire population of the state, had demonstrated, “injury, causality and redressability” and, therefore, was entitled to standing in this appeal before the Supreme Court. (Massachusetts v. Environmental Protection Agency. 2007).
The issue in this question is in respect of the removal of the prefabricated building and the swings would be dependent on the fact as to whether the land is registered or not. The issue is particularly important as the Land Registration Act 2002 would come into play if the land is registered and the land would clearly be an accurate reflection of the state of the title of the land.
However, after assessing the available data, it was discovered that there were administrative and institutional changes that happened. This essay will certainly discuss and clarify for the reader to fully understand the whole idea of the prison system as a whole. Before the 1970s, the data collected ignored facts like the historical contexts of the modern prison.
Following the well-accepted principles will not only improve certain labour relations but also avoid litigations and minimize legal disputes. In the case of Maggie Wheeler, the facts of the case have been analysed with reference to the legal issues and the procedural requirements involved in the process.
In law, a contract is a legally binding agreement between two or more parties and provides specific legal remedies in the event of a breach of those promises. An oral agreement between two parties can also constitute a binding legal contract. The English Law requires that an agreement must be bilateral.
In general, communitarianism, which became known in the eighties, underscores the need to balance individual rights and interests with that of the community as a whole and argues that individual citizens are shaped by the cultures and values of their communities (Encyclopedia Britannica Online 2010).
By proving the loss of reasonable expectations one of the parties can ask for compensation even if the breach of the contract is not clearly proved. It should be noted, that another important element of the Australian law is the high importance given to the good faith as a term for developing contractual agreements.
One of the key characteristics of the above system is its partial dependency on political interests – referring to the power of certain states to impose their view mostly because of their position in the international community. In order for any potential doubt in regard to the System’s credibility to be eliminated, an appeal level has been introduced.
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Adherance to the Veterinary Medical Practice Act would render farriers and equine dentists in rural areas of Arkansas without means of livelihood. “under the Arkansas act, practicing veterinary medicine without a license is a misdemeanor punishable by a fine for each violation of $50 to $250, or imprisonment for six months to one year, or both”.
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Pine Ridge Reservation in South Dakota has been a home to the Native Americans since the 1800s. They have lived peacefully until Eisenhower signed a resolution passed by Congress to “terminate” all Indian reservations and “relocate” Indians off their lands and into the cities. Though it has been dismissed by the court since it was deemed illegal.
In this case, the Supreme Court of Oklahoma declared the Respondent liable for the award of damages for personal injury previously adjudicated by a district court to the Complainant against another company, viz. Yellow Cab Service Company, on the ground that the latter is a mere adjunct or instrumentality of the Respondent.
The Universal Declaration of Human Rights was inspired by World War Two, and its ideals rose from the ashes and the economic turmoil which the war had left in its wake. In just thirty articles, the rights of man were to be recognized and protected. But what does the UD really provide – actual rights or rights to rights? Did it enshrine the natural law principles that pre-existed, and if so, why did they need to be recorded?
Any good brand combined with an equally good business plan and sound marketing strategy generates awareness and ultimately, loyal patronage. Once the brand is established and gained recognition, the creator or owner thereof must protect its proprietary rights against market forces subject only to the limitations imposed by law.
Allowing police some leeway in the execution of their duty, as well as allowing the general public their rights, allowed to them under the constitution and common law. Stop and search powers have been crucial when there does not seem to be enough ground for which a police officer can or should make an arrest.
Where this deterrence-based approach was seemingly a more philosophical appeal to the individual’s sense of free will and his participation (or not) in the social contract, it quickly became apparent that the path was paved for irrational sentencing practices and the disregard for extenuating circumstances.
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The following proposal is for a mixed method study of gender labeling within the context of the legal system. This study intends to discover if there is an underlying cultural bias that supports the concept that women are less likely to offend than are men and if that bias is promoted by the actions of law enforcement.
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No matter what type a society is, crime is an essential component of it. The form or type of crime varies depending upon the culture, social norms, values, trends, traditions prevalent in them, yet its existence can never be denied. Once this happens, people will start to find petty matters to satisfy their curiosity.
The most decisive test of ownership or proof that it is customarily kept is the capacity to transfer or transmit such right or possession. Since Mr. and Mrs. Davis cannot transfer or transmit any right pertaining to the stray dog, they cannot be held liable for the injuries sustained by Mr. Fong for the simple reason that the stray dog does not belong to them.
This study assesses the problem of cultural relativism as a barrier to improving the lives of women by reference to the weakness of the implementation and enforcement mechanisms of CEDAW. Also, cultural relativism takes the position that there is no universally accepted standard for judging all cultures.
Thomas has a right to either walk away from his employment, without notice to his employer, and sue for constructive dismissal on the ground that his employers committed a repudiatory breach of contract or continue working but protest the diminution of his wages by demanding for compensation and back wages.
The Role of the Supreme Court in American Politics: The Least Dangerous Branch is a law and political science book written by Richard Pacelle. The book was published in 2002 by Westview Press in Connecticut. The author of the book is a lecturer in the department of political science in the Georgia Southern University.
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Stalking is a criminal offense which can be defined as annoying and bothering another person by giving repeated and unnecessary attention to the point of being obsessed. It can be in the form of harassing another person by staring, following, making phone calls, sending emails or gifts, or even appearing at another person’s place.
Punishment is the intentional and strategic infliction of suffering on an individual found guilty of a legal crime. Because the suffering inflicted by punishment for a crime often bears equal weight to the crime itself, punishment necessitates a fair amount of justification in terms of a comprehensive political and moral philosophy.
There are some cases in which there is a need to necessary reveal the truth for the benefit of society in general. There are some cases in which not telling the truth would mean injustice to others and justice for others. The point is, invasion of privacy can be an injustice to others and justice for others at some point.
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The author states that implementation of chemical castration strategy to deter sex crimes largely rests on misconception and is not supported by sound theoretical and empirical foundations. From the critical perspective, chemical castration cannot be considered as cure-all treatment against sexual crimes.
As far as a private nursing home is concerned. Doreen would not have been able to get the implementation of the Directive in respect of the private nursing home as it would not have been covered under the emanation of a state, unlike the NHS which clearly satisfies the requisites that have been provided for in Foster v. British Gas.
The practical and the operational needs as well as the aspirational longings of the society for justice is still satisfied by how our Courts interpret and administer laws, through their decision making that takes into account public opinion and the changing norms of society. There is no single theory that is applied.
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The author explains that the Federal Bureau of Intelligentsia (FBI) in America had initiated a program popularly known as the Counter Intelligence Program or the COINTELPRO. The Federal Bureau of Intelligentsia undertook this program to dismantle and dissolve the liberation movement taken by the Black communities.
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With the rising use of forensic evidence in court, the lawyers themselves will be motivated to learn more about forensic science. This is especially true if a lawyer handles a complicated criminal case. If not because of forensic science, the truth behind the case will be a mystery and the criminal justice system will not serve its purpose.
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The author states that all illegal immigrants residing or visiting the state of Arizona will be subjected to fines and enforcement not limited to deportation. This bill extends to illegal immigrants residing or visiting private property located in the state of Arizona. Moreover, this bill gives police the right to detain people on reasonable suspicion.
This is the analysis created by Nedrick: ‘thus if a defendant who knowingly caused a certain result seeks exculpation, this may only be found if one of the defences to criminal liability can be invoked’ (Simester & Smith 1996, 177). The notion of intention has no critical component. Therefore, it is more limited, practically speaking, than notions of recklessness: an action is not reckless if it is considered socially acceptable (Robinson 1997).
The legal system of the United Kingdom is one in which common law and not only the statutes or the legislation of the parliament play an important role. The tradition in British common law is that the laws declared in the courts are simply a “discovery” of the customs of the people. the common law “has reflected social, economic and cultural forces.
This advisory letter assumes significance as there has been a recent crackdown by the Australian Tax Office to target thousands of online vendors who are trading on eBay or the Trading Post. I shall be advising you by making references to relevant sections of the Income Tax Assessment Acts.
This essay analyzes that the offer made turns into a legally valid agreement as soon as the offeree puts his assent to such. An advertisement made in the newspaper for job seekers constitutes an ‘invitation to treat’on behalf of the employer. The prospective employee being chosen and agreement either made verbally or in written constitutes the offer.
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A question regarding the state law violation of the constitution against punishment was raised in the first case from Alaska. In one case, John Doe was found guilty in abusing his younger daughter. In the second case, another man was also charged in abusing case of a 14-year-old girl. They were released in 1990
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Death Penalty was permitted by thirty-seven states in the USA, the Federal Government, and America’s armed forces from the 1st of April 2008. The authorities without the Death Penalty consist of thirteen states along with the District of Columbia. The standard period for a criminal to spend on death row until the death sentence.
This essay analyzes that The Parliament Act of 1911 is cornerstone legislation in this context as the provisions within it had the potential to significantly alter the status quo with regard to the House of Lords. This essay will show how far reforms to the House of Lords have materialized and what areas have remained stagnant in the century since the Act.
The Americans hold the “Homeland Security” as a concerted move against terrorist attacks which embraces not only the members of the congress and of the state and local governments but has a wider meaning. It helps in judging the factors, which makes America amenable to terrorist activities and identifies the strategies to recover from the damages.
The presumption of negligence is attached to the employer. “The burden then passes to the defendant” employer “to show that it was not reasonably practicable to do more than was in fact done to satisfy the duty” (Hitchcock). It has made it “more difficult to defend proceedings for breach” of general duty under the HSWA.
This research tells that the plaintiff’s claim arises out of an investment placed in the purchase of a landfill in Sonora, Mexico. The auction involved the sale of assets relative to Cytrar, a hazardous industrial waste landfill. The landfill came with a renewable license that the Mexican government refused to renew beyond 1998 and ordered the shutdown of the landfill.
Corporal punishment takes the form of spanking, slapping, pinching, whipping, smacking chastisements, or raining blows to certain parts of the body. It is usually connected with images of anger, whipping and screams. Target areas for the corporal punishment include the upper back, shoulders, buttocks, and cheeks, palm of the hand.