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The author contends that possessions that people are entitled to cannot be seized merely to provide equality of opportunity to others on the grounds that they are not deserved. So long as the holdings have been obtained in a manner that does not specifically violate another person’s rights, the entitlements would be deserved.
The author states that the Securities and Exchange Commission (SEC) Act of 1934 had set limits on trading by Corporate Officers, directors and substantial owners from using insider information to make profits. Some looked at the problem from the point of lack of clarity on who is supposed to do what and at what time.
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The author states that the trend of owning a second house has been hindered recently by the economic slow down in the country as a result of the crisis. When somebody is having more money than what he/she actually requires, the curiosity for investment arises. Numerous investment avenues are available both in the country and outside the country.
The author states that private property is nothing but any material and nonmaterial property owned by any person or group of persons1. Several theories have been postulated in support of the possession of private property. Theories like occupation theory, utilitarian theory, labor theory, and economic theory are quite prominent among them.
There are two competing interests as against the Rowans. They are the mortgage for 50,000 pounds sterling and the further charge for 10,000. Both are required to be discharged from the proceeds of the sale. The nature of the legal rights conferred by both charges compels the discharge in order for the Bentleys to lay claim to any capital.
Tina and Tom will also have added powers of investment and discretion under the Trustee Act of 2002. The letter that Sally has written will, therefore, benefit Ben as one of the beneficiaries of Sally’s estate, entitling him to capital advances from the estate at the discretion of the trustees, Tina and Tim.
If Jake had offered these drugs to Robin, then there would have been no manslaughter, because there would be no men's rea, which constitutes the crime. Moreover, Jake was not aware of the fact that Robin would suffer a fatal heart attack if his heart was subjected to sudden stress, which these drugs were capable of causing.
The author states that legally a murder transpires, whenever a rational person with malicious aforethought or criminal intent, illegally kills another person. It is sufficient to prove that there was an aim to cause serious physical injury, in order to establish malice. The perpetrator should have the capacity to differentiate between good and evil.
The author states that the facts and circumstances of the case appear to satisfy the Ohio Supreme Court’s parameters that “occupying” should not be given an unduly narrow definition and must satisfy the four-part test to determine vehicle occupancy, namely: (a) causal connection with the vehicle; (b) geographic proximity to the vehicle.
The author of the paper states that at the turn of the century, social change and global recognition geared towards the recognition of transsexual rights saw a greater acceptance in the concept of sexual orientation. Changes that were deemed unacceptable and unthinkable are now commonly accepted.
The author states that before the proposition can be maintained on corporate governance, there is a need to talk about the law upon which governance is based. Said law is known as Corporation law in the US while it is being called Company law in the UK. Corporation law is the field of law concerning the creation and regulation of corporations.
The author states that the precautions, auxiliary or otherwise, that are enshrined in our constitution to protect liberty and prevent tyranny as articulated by Madison and the other framers include the principle of checks and balances as found in the constitution for the purpose of maintaining in practice the necessary separation of power.
In the context of the foregoing, it must be noted that the sphere of international trade is one that generates considerable risks, especially through potential nondelivery of goods, delayed or damaged delivery of goods, etc. It is also difficult to derive a common universal standard that can be applied uniformly to all countries across the globe.
The efforts made in the UK regarding the development of the legal aid system should be considered as justified if taking into account the changes in the social and political framework of the country in the last decades. In this context, the country’s legal system should be also updated in order to meet the needs of the public in modern Britain.
The decision of imposing heavy fines on British Airways is highly relevant in the context of competition law. If the European Commission finds evidence of illegal business practices that restrict competition, it can act to prohibit such behavior. It can also fine companies up to 10 % of their annual turnover.
I continue to hold a firm point that there should always be room for correcting one’s wrong where the wrong was created. Employers should not fire employees who post wrong and inappropriate comments on social networks such as Facebook and Twitter but rather give them the opportunity to reform within the very organizations in which they erred.
Al Qaeda is an international alliance of Islamic Militant organizations founded in 1988 (Wright Looming Tower (2006) by Assam (Osama Bin Laden) after the soviet war in Afghanistan. The main information of this outfit organization was to fight back the soviets who had invaded Afghanistan in the 1980s. After the withdrawal of soviets Bin Laden returned to his native Saudi Arabia.
The author states that Sydney Tilmouth QC reports in ‘Citizenship as a Constitutional Concept: Singh v the Commonwealth of Australia and Rasul v Bush, President of the United States” that her case raised the question, ‘Is the plaintiff (Tania Singh) an alien within the meaning of s 51(xix) of the Constitution?’
The author states that an absolute nullity is an act that is void because it is against public policy, law, order whereas relative nullity is a legal nullity that can be cured by confirmation because the object of the nullity is valid. As is common knowledge the essence of the concept arises out of Art.10-12 of the 1st EC directive on Company laws.
The author states that one explanation is that different groups have different situations and different situations call for different approaches. The laws in every state try to address the classification created as society moves or progress with time. Not to be far from this phenomenon is the issue of the concept of workers and employees.
The author states that girls deprived of contact with their fathers grow up depressed and prone to mental problems*1. Traditional familial relationships are giving way to unmarried heterosexual relationships and civil partnerships of homosexual couples. There has been a steep rise in the percentage of families.
The purpose of the criminal trial is to discover the actual facts or the truth about the criminal charges alleged. There are several statutory and case law provisions that dictate the facts of a case be established by relevant and probative evidence. This paper discusses the laws relating to the collection of evidence and the admissibility of it.
Child protection in England has been under scrutiny for the last few years. In England, everyone is responsible for child protection. However, the department of education has been tasked with the responsibility of statutory nature. This is enacted through local authorities. The local safeguarding boards ensure that key agencies get involved in children's work effectively.
The author states that the essential elements necessary to establish liability will be interpreted as common to each Gabrielle, Carl and Drew since each had a role to play in the facilitating of the crime. Whether or not the unlawful homicide amounts to murder will depend on the facts of the case.
The author states that right from a young age she took an active part in the Civil rights movement of the 1960s and 1970s, not only through her writings but also as an activist, teacher, and social worker, for the cause of the oppressed people. She was very much concerned about the details of the African American natives.
Harris was able to file a lawsuit under 42 U.S.C. 1983 in regard to the use of excessive force on him, which was based on an awkward arrest in relation to the Fourth Amendment. When this pursuit entered the city of Peachtree, Timothy Scott joined the pursuit of becoming the lead vehicle.
The author states that the conveyance to Simon assigned the benefit of all covenants to him. Last year, John sold Plot B to Paul and Paul covenanted to indemnify John for any breaches of covenants. Subsequently, Paul neglected the dividing wall claiming that he was not responsible for its upkeep.
The author states that privacy, in its most obvious sense, connotes the capacity to keep certain information secret. The state, as a result of the extensive filed of regulation entrusted to it, has a constant need to obtain, monitors and evaluate information. The law must indicate the scope of any discretion conferred on the competent authorities.
The author states that rules of international law cover almost every facet of inter-state activity (the use of the sea, outer space and Antarctica, international telecommunications, postal services, the carriage of goods and passengers by air and the transfer of money) and is a primary tool for the conduct of international trade.
The author states that starting with the admissibility of the confession the first point to note is that the interview was not recorded and despite her repeated requests to have a lawyer present no such action was taken. Under the Police and Criminal Evidence Act 1984, the police have a duty under code C to deal with detained persons.
There are certain rights related to this, such as the right to a fair trial, right to privacy and the right to personal defense. This is an interesting topic, in that it presents the fundamentals of human freedom and rights that are necessary for their survival, even in the hostility of an environment that may not naturally favor them.
The understanding of the importance of promoting sustainable management is paramount in any sustainable program. Proper management of natural and physical resources with respect to the environment is the backbone of any developmental project. Maori protection is to be guarded by certain rules and regulations.
The author states that while retributive justice focuses on the offense and on blame for the past and aims to punish the offender, rehabilitation focuses on the offender and on changing his future behavior and aims to treat the offender. In terms of the offender, retribution aims to hurt and rehabilitation to help.
Child abuse cases have been a primal government concern for decades. The State protects juveniles from any mistreatment by parents or relatives and legal guardians. Any harm or physical injury done to minors is considered punishable by law and highly discouraged. For this reason, cases relating to minors must be taken seriously.
Rescission is an equitable remedy that gives room for an innocent person to terminate the contract if there is any sign of serious infringement of the contract or infringement of a provisional term in the contract. The main objective of recession is to reinstate the party to a position they would have been in if the contract was not breached.
An individual who suffers a loss or damage due to the incorrect or non – implementation of EC law provisions by a Member State, can seek redressal in a domestic court against the erring Member State. In Von Colson, the notion of indirect effect was developed by the ECJ. It ensures the effectiveness and proper enforceability of Directives.
The author states that the panel stated in its ruling that owning a gun was a constitutional right. In previous times, there was no perception that a person should possess arms and ammunition for himself. The ban on arms was hence important so that there was no misuse of the arms and violence and crime could be restricted in the best possible manner.
The leasehold covenant between Meryl, the original landlord, and Richard, the original leaseholder, was entered into prior to 1996, which was before the effectivity of the Landlord and Tenant Act 1995. Thus, Meryl and Richard’s leasehold covenant is governed by the old common law/statutory rules.
The author states that being the first to manufacture and put into commercial circulation the bag, they have acquired trademark rights on it. Trademarks and service marks are words, names, symbols, or devices used by manufacturers of goods and providers of services to identify their goods and services.
The author states that competition on the other hand, however, deals with the removal of any restrictions on the trade-in order to ensure that the competition between different players in the market works in a healthy and constructive manner. Anti-trust laws are formulated in order to ensure that no one in the free markets can dominate the market.
The author states that if after threshing out the cause that labeling happened to be the predisposing factor of the student’s beating or aggression, the bulk of the solution would be on the part of the teacher. He is directly concern with the student. However, the implementation of the teacher’s approach must be supported by the vice-principal.
The author of the paper states that the property market is not only the means of living but an instrument of investment. The difference in demand and supply can ignite growth in property prices. Both national and local economic factors exert pressure on the demand for property, affecting its supply.
The other provisions of this family law served to tighten marital bonds, by making divorce more difficult. Divorce proceedings were to take place in an open court with both spouses present. The court also tried to reconcile the parties. The Russian government provided that any intention to divorce was to be published in a newspaper.
The law of general average is associated with the destruction or accidental incidents that might occur with goods carried over the seas. The general average law determines a justified measure for all the individuals who take part in the undertaking of the transport of the goods, in case of any mishap occurrence of the goods.
The author states that universal jurisdiction arises where the nexus under traditional jurisdiction rules are absent and jurisdiction is assumed nonetheless. Referred to as jurisdiction in absentia, therefore, permits the assumption of jurisdiction solely on the basis that the state invoking jurisdiction is doing so in the collective interest.
The author states that the pension of an individual is the amount paid after retirement to compensate him or her when they are no longer earning a regular income. This is for old age persons to be compensated for the hard work done throughout their life. The taxation policies of pensions and the relief granted will be discussed.
The author states that equity derives from the daily life experience of human beings in an identifiable geographical area within the same jurisdiction. The notion of treating human beings as equals has a bearing on the creation of equity. This becomes the legal norm upon which human beings conduct themselves.
Under the doctrine of privity of contract, only the parties to a contract have rights or obligations under that contract. But, there are exceptions and remedies available to people as this principle may result into hardships in some cases. Contract law deals with the enforceable agreements, and the breach of contract causes damage. In the case of Susan, she has no contractual rights arising out of a pre-existing agreement.
This paper will consider the use of both in the decision-making process. It is anticipated that the conclusion will show that although in general terms the role of the judge is to declare the law there are some occasions in which the judge might be regarded as actually making the law.