Law Essays

The United States president has several powers. One of the powers is the power to issue executive orders. Another United States presidential power is the power to implement executive privileges. Lastly, the United States president can implement emergency powers.  The United States Supreme Court affirmed that the United States president can exercise powers during an emergency situation. 

. Out of the total population of the county children under the age of 5 make up 5.3%. Those under 18 years are 20.3% of the total population, and those over the age of 65 represent 21.89%. The estimated size of the county is 55.29 square miles. According to the Florida Department of Health (2011), the health statistics of 2011 indicate that the number of white births was 9,163, Black 3,861 and others were 766.

The author states that the purchase price of  £140,000 was financed by Harry’s savings and a mortgage loan.  Sally said that she wished that she could contribute to the purchase, but Harry told her, “It doesn’t matter that I’m paying for the house, but we’ll say it’s one third yours anyway”.

The author states that the Company claimed that it was not a new issue and this. The work assigned to Brown at DSC was to provide technical support for Motorola Cellular division software support. However, Mr. Brown was also actively involved in the idea of an automated computer conversion of machine-executable binary code.

Overall, the case of Hickman v Kent or Romney Marsh Sheepbreeders Association Ltd (1915) has certainly exposed the limitations of the contract formation of companies and necessitated the reforms. Section 33 (1) of the companies act of 2006 has been instrumental in bringing desirable modifications in section 14 of the companies act of 1985. 

A common characteristic of criminal justice systems worldwide is the following: offenders of different ages are treated differently so that their rehabilitation is made easier. In UK a similar practice has been used for the punishment of young offenders. The reasons for the different treatment of young offenders compared to adult offenders in the UK are presented in this paper.

As per Section 7 of the Act, registration is mandatory to confer title, failing which the ownership of the land is stripped away and the land is held on trust. When the title is duly registered, then this means that the entire estate is vested in the new proprietor, together with all the subsisting interests, all to be accounted.  

The author states that it is a distinct entity, which is supported by law. It has great significance in contract law and generates several arguments regarding legal obligations. As such estoppel is a general principle and it plays an important role in law. Moreover, it can be applied to all types of contracts. 

The author states that contract law has its base from the Latin phrase, Pacta Sunt Servanda.  Any violation of the contract by any party is called as Breach of contract and Breach of contract is well recognized by the law and remedies can be provided. Almost everyone makes contracts every day. The contracts are basically of two types. 

The development of this equitable principle insisted upon formalities that made it possible for a trustee to be placed in a position where he or she could construct a complete list of the benficiaries under a trust. However the House of Lords in McPhail v Doulton modified this test and substituted it with an “in or out test”.

The courts will still attempt to assist with fully secret trusts but they are limited by the need to show proof that such a trust has been created. Where the proof cannot be adduced the courts have had to reluctantly declare that no such trust exists which then entitles the legatee to dispose of the capital as he sees fit.

The facts of the case were simple enough; at the age of five, Sarah Roberts was to be enrolled in primary school. The city of Boston had established a school district system, by which they had divided the city into 21 districts that comprised several primary schools, with the total number of such primary schools being one hundred and sixty-one.

The courts in England and Wales regulate the awards granted by arbitrators. The Arbitration Act of 1996 had relaxed this condition. Awards of arbitral tribunals can be appealed against in the higher courts. English courts accord greater importance to agreements in arbitrations and are deemed to be binding on the parties to the dispute.

The law of evidence determines what statements and physical objects can be used as evidence before a judicial court. It is of central importance under the English common law. Evidence must conform to a number of rules and restrictions in order to be acceptable. It must be issued in the proceeding to be more or less probable.

It's pointed out that op to now, about 1000 colleges implement the smoke ban policies. Even in Kentucky where tobacco is heavy and the prevalence of adult smoke is 29%, 9 institutions are free of tobacco. It is very illogical to see young individuals hurt themselves as a result of exposure to bad drugs.

This paper seeks to explore this contentious debate on whether the ban is essential for the health of Americans of its counterproductive. Smoking is a popular behavior that has been embraced by people of different kinds. Smokers appreciate this vice and they would want full freedom to smoke where they want. 

The paper provides background information on abortion, the 1973 law that legalized abortion, reproductive rights, and human rights surrounding abortion, the safety of abortion in the United States, the ethical and religious views of abortion and also a brief summary of the statistics of abortion since 1973.

Many states have adopted illegalization and have banned any activities associated with the sale of cannabis. There are multiple theories that serve to explain the reasons why marijuana is illegal in the United States. However, such theories do not have any scientific backing, although they are believed to have been developed.

The author states that there have been several high profile cases involving mentally deranged people that loom large in the public memory. The portrayal of mentally ill patients in the media has generally been negative, and there is an overall perception that exists among the general public that mentally ill people are dangerous.

An easement is a right that one property owner has over the land of another. Easements came into use as a method to allow landowners to sell parts of their land in a way that would be attractive to potential buyers: If X sells a parcel of land to Y, and Y's land has no direct access to the highway, how can Y enforce a right of access to his land?  

Smoking should not be a criminal offence because (a) it cannot be conclusively established to be the cause of death for passive smokers since they could be suffering from other ailments (b) making smoking a criminal offence would be a violation of individual right to conduct and freedoms guaranteed under the European Convention of Human Rights.  

The author states that it may be noted that in the case of  Treeing Ltd, the Directors of the Company will be obliged to register a transfer of shares when it happens, or alternatively provide their reasons for their refusal, failing which the transfer may be a valid one unless specific provisions exist in the Articles of Association. 

The facts of the case for discussion strongly imply that AFS had the authority to terminate Barnes’ services if he failed and/or refused to do as they wished.  This control, therefore, gave them the requisite control over him. If an employee receives a salary for his services he is more likely to be regarded as an employee under the control test.

Comments made by the House of Lords appear to support the flexibility which operates to produce an exhaustive list of inconsistent rulings. These comments also demonstrate why the courts are no more inclined than Parliament to define the parameters within which to direct the distribution of the child’s best interests.

According to a report at the moment, some of the regulations about swimming pools and ponds are not being thoroughly policed and there is no ‘Certificate of Compliance’ as such but, in the event of an accident, the pool-owner could be seen to have failed to comply with the Safety Regulations and be penalized accordingly.

The author states that there is a conflict of laws that arises in this case – not only in terms of the jurisdiction in terms of location, for adjudicating the dispute in the matter of injuries and damages caused by defective parts but also in terms of the substantive nature of the dispute itself and the kind of rights that have been damaged in the process.

The author states that organ transplants principally entail kidney transplants, heart transplants, bowel transplants, and limb transplants. Statistics divulge around 2,375 patients witnessing cornea transplants along with 86 patients procuring pancreas in the UK in 2004-2005. The money-driven poor comprise the major portion of the donors’ list.

The contentions are that prison is not being used as a last resort to deter criminal behaviour, housing prisoners is expensive, doesn’t deter crime and is cruel and inhumane.  Despite the use of statistics to confirm this contention, imprisonment has experienced a growing attraction as a political response to crime, not just in Britain.  

The author states that the reason for the rule is that trust gives rise to a requirement and so, consequently, there must be a recipient to whom the duties of a trustee are owed. Conversely, the beneficiaries have a correlative right to render the trustee answerable for his actions and, if necessary, compel the performance of his obligations.

Interruption is relevant in the case of forced caesareans where the purported mental impairment of the patient’s decision-making ability has often attributed to being adequate justification to perform reproductive procedures against her consent. The woman’s mental impairment is the basis upon which she is held liable under the law.  

Contractors and subcontractors in the construction industry run on cash. Lord Denning many years ago made the oft-repeated phrase that cash flow is the lifeblood of the construction industry and this sentiment is still relevant today. Estimators when preparing tenders usually concentrate on building profits into the price.

Johnny could rely on the case of R. (on the application of Jones) v Environment Agency where the court held that the silence of the Agency over the last 20 years or more concerning the stretch of water used by Jones allowed Jones to have a legitimate expectation to continue to use the area as he had been doing for that time period.

The author states that the fact that Jamie has used a spear instead of a gun is also indicative of malice aforethought and that she set out to deliberately kill the deer through the use of an instrument that was expressly forbidden under the Act, with the intent to carry out a murder and escape the liability for it by using an alternative weapon.

A person (A) commits an offence if: He intentionally penetrates the vagina, anus or mouth of another person (B) with his penis, (b) B does not consent to the penetration, and (c) A does not reasonably believe that B consents. Whether a belief is reasonable is to be determined having regard to all the circumstances, including any steps A has taken.

With regard to the issue of risk, Article 67(1) of the CISG states that if the contract of sale involves carriage of the goods and the seller is not bound to hand them over at a particular place, the risk passes to the buyer when the goods are handed over to the first carrier for transmission to the buyer in accordance with the contract of sale. 

Production however depends on the availability of resources, including human resources, and the higher the resources. Consequently, an increase in the number of people employed would increase productivity and hence increase GDP. This perception is however based on the assumption that excess resources that exist will work towards production.

The author of the paper states that through the First Amendment Freedoms of association, inquiry, and expression, American citizens are protected, in terms of the civil liberties provided. Of fundamental importance is the – USA Freedom Act, which formally encompasses the paper’s basis of debate and analysis.

There are different views as to whether guns should be controlled or not. For instance, a recent Forbes survey has shown that “the National Rifle Association (NRA) and the pro-gun rights voices are winning the influence battle and will continue to be strong and more influential if the pro-gun control voice remains fragmented,”. 

Compulsory unionism in any form--"union," "closed," or "agency" shop is a contradiction of the Right to Work principle and the fundamental human right that the principle represents. The National Right to Work Committee advocates that every individual must have the right, but must not be compelled, to join a labor union (NRTWLDF, 1996).

Undoubtedly the treatment of prisoners in Guantanamo Bay is contrary to internationally accepted regulations. The interrogation techniques which are permitted and endorsed by the U.S. Department of Defence (DOD) can be equated with degrading treatment of the individuals. The detainees said that they experienced extreme pain and suffering during interrogation.

Despite this fault of applicability, there is not much which can be said to be wrong with international law. It helps to define ways in which countries can act and is particularly useful in making trade agreements, conducting negotiations and in ensuring that countries conduct themselves in a civil manner. 

Thomas has all the right to refuse sale when he will be compelled to sell his share to Stephen and Demanding plc.  The grounds under which the right of the majority consisting of Stephen and Demanding to compel take over the share of Thomas simply did not exist. Under the given facts, it is actually Stephen who has committed something prejudicial to the business.

By analyzing the substance of the option to maintain an accused person's 'right to silence' would mean that it will prevent any examination or cross-examination of that person's position, hence it could be deduced that the decision of counsel as to what evidence will be called is a fundamental tactic in any case in the adversarial system.

In British law, as in most other judicial systems, a tort is considered a civil wrong as distinguished from a criminal wrong, such that the tort law is enforced not by police but by one citizen against another through a civil action.  Only in rare cases is tort tried in front of a judge, such as when the complaint involves libel or defamation.

Although Simon, Tanya, Dawn, and Rose are UK nationals, the free movement of workers throughout the European Union is permitted under Article 39 of EU law and Article 18 specifically states that “Every citizen of the Union shall have the right to move and reside freely within the territory of the Member States.

The difficulty with the rules of consideration is often encountered in trying to understand or identify some congruity in the line of authorities. This difficulty itself is evidence of the primary rationale behind the doctrine of consideration. Its primary function is to draw a line between a mere promise and a legally binding agreement. 

The former is, in essence, a particular method that aims to look at the decision-making activities in the international organizations where the power is decentralized into the member nations and all of the decisions are made by a complete sense of unanimity and union. In other words, there is complete accord between the decisions thus made.

The main offenses for which the park could be held liable are the torts of negligence and nuisance as well as for intentional and statutory torts.  The traffic and noise from the rides are forms of nuisance, whereas the water seepage from the water ride and the overflow of garbage from the park amount to acts of negligence.

The decision which denied Z Co-registration as a government supplier of goods and services was obviously not only contrary to EC competition policies but was made taking into account facts which ought not to have been considered. Z Co’s excessive wages has no relevance to its ability to supply goods and services.  

Implicit in this provision is a suggestion of the Union’s superiority and this obviously deviates from the objective of unity as encompassed in the Laeken Declaration.  The word ‘loyalty’ implies that the Union is superior to the Member States which will empower the Union by virtue of ratification of the EU Constitution.