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When required to determine whether a car was unmerchantable the Court should consider (i) whether the car can be driven safely, (ii) the ease or otherwise of repairing the defect, (iii) whether the defect can be completely repaired, (iv) whether there are a number of minor defects and possibly (v) any cosmetic factors which appear to be relevant.
On the basis of the above, it may be concluded that the Jackson case has questioned the traditional notion of Parliamentary sovereignty. This case is important because it raises the issue of curtailment of the powers of the House of Lords, which in turn raises the issue of imbalances in the bicameral system.
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This essay will first describe the concept of nullity of a company by describing the concept, determining the legal entity that it refers to, and determining the effect that the concept will have on such an entity. The essay will then discuss whether such a concept is used in English Law as illustrated through cases.
While laws have been revered as well as vilified by philosophers across time, it seems then no other thinker has taken the approach to understanding the law as it was taken by Louis Althusser. By subjugating Law to the status of state apparatus he clearly shows his Structural Marxist leanings as well as the evidence of empirical philosophy.
Sarmas contends that applying the presumption in fact disadvantages women since they are already economically disadvantaged. Therefore, the application of a uniform law of presumption or presumption of advancement in the case of resulting trusts corroborates McHugh’s view that it is not one that reflects the current position as it exists.
Defects might arise in a document due to various reasons, for example, a non-genuine bill of lading has been held to be a defective document, as has a bill of lading which fails to provide the buyer with 'continuous documentary cover. In general, the seller's obligations with regard to the documents have been deemed to be stringent.
For several years now, there had been many court cases of which the jury trial was questioned, in the United Kingdom, the US, and elsewhere. Shadows of doubt, shady and apparent, were presented against these deliberations, and votes, but it is still used and trusted by the public in determining the guilt of persons charged with a criminal offense.
The question of determining whether an agreement is a license or a lease has traditionally been based upon the conferring of exclusive possession5 of the premises to the occupier, to the exclusion of the landlord and others6, which makes him a tenant under Part II under the Landlord and Tenant Act of 1954.
Most youth courts are developed from the assumption that most offenders are more likely to have been brought up in disadvantaged families or they may not have received penalties for previously committed crimes, for this reason, therefore, these courts have developed in our present world to cater to such needs.
The author states that on that fateful evening of December 2, 1984 things would have been the same for most people who have been living in the slums near the factory of Union Carbide plant, but it would never be the same. A gas leak during the night had caused “7,000 people died within days.
The author states that the activity of policy is applicable to governmental organizations, private sectors, individuals and groups. The examples of policies are parliamentary rules, orders from presidential executives and corporate policies. The studies with respect to policies are the decision making process under an organizational level.
The author states that the rate of incidence of violent crimes is increasing day by day all over the world because of various reasons. Britain has a higher crime rate than any other rich nation except Australia, according to a survey. Scholars and other researchers cite different reasons for the increase in violent crimes.
The defense of good faith and “force majeure” is valid in cases of breach of contract. Where there is a clear showing that the act was performed in good faith and that the resulting damages were caused by acts of nature or “force majeure” such defense is valid provided that no delay in the performance thereof has been incurred.
In Richard’s case, the will has been executed according to the formality requirements laid out in Section 9 of the Wills Act which includes signing it in the presence of two witnesses, this may be considered adequate to meet the requirements of validity for the will since it substantially complies with the formality requirements.
Over the course of two centuries, capital punishment has fallen into and out of favor. Public hangings were at one time crowded with onlookers, many times families and children would attend these public spectacles. This was ceased in the nineteenth century, with thoughts that it would be more appropriate if it were conducted within prisons, away from the scrutiny of the public.
The technology that we attain provides us with a large number of benefits and advantages. It makes tasks easy. However, their use and abuse is largely subjective in nature and depends on the users and the way they use it, as well as when they use it and in what manner. Various technological means have been attained over the past years, such as GPS, stereos in the car, mobile phones.
An increase in the use of science for the solution of problems that are faced by people in their daily lives has been witnessed in the past two centuries. If one looks at how the preceding generations lived their lives, one will be amazed to see the differences that modern science and technology have brought to our lives.
Illegal residents might be afraid to go to the authorities in fear of deportation but social workers should step in and assure them of their safety and rights. Similarly, local police should have a more thorough knowledge of the activities proceeding under their domain, and thereafter analyze whether those involved are in it voluntarily or by force.
The competitions would be more ethically and morally acceptable if a few amendments were made. For example, your company and the industry you represent a claim that among other aims, their primary aim is to promote a child's self-esteem. If that is so, perhaps there should be a limit on the fake items a contestant is allowed to make use of.
Minorities who have been subjected to affirmative action when enrolling in a university have a higher chance of developing dependency syndrome than those individuals from the majority group who are not subjected to affirmative action. The dependency comes about as a result of them getting used to being favored due to the fact that they belong to the minority group.
There is a need to make science cases the protecting theme such as “water of the United States” in order to restore longstanding protections for the water. (rules, 2000)There is a need for the public to demonstrate more and broad support for consecutive rulemaking and guidance on Act implementations.
Over the past few years, the United States has attracted a threatening number of unauthorized aliens. The pressure build-up has marred the states based on how the aliens' arrest and detention. Besides, discriminating against immigrants seeking jobs in the United States. The contentious issue here is a general rule that removable aliens should no behold criminally if they remain in Arizona.
Different human societies have believed for many generations that laws are formulated to guide and enhance the well-being of civilization. But this has come to be a vague notion in regards to Jim Crow. Jim Crow was a term used to define laws that were set to promote segregation based on one's race in the United States in the late 18th century (Web).
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Torture exposes troops of the offending country in foreign missions to more danger because of the perception that such soldiers are inhuman and do not deserve any better treatment if arrested or detained. It is apparent that torture is not an effective method of gathering intelligence information, and it is morally, legally and ethically wrong.
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Meeting the expectations of the current environment, therefore, can become a significant challenge for the police to meet. This would also require that new hiring methods, as well as new operational details, have to be formulated in order to ensure that police as an organization can also equip itself with the new changes.
Taking a stand on coerced plea bargain is one of the most difficult legal decisions anyone can take. As a matter of fact, it is rather right to state that for whatever stand one takes, the other stand does not represent a total nullification or invalidity (Peprah, 2008). This is because a coerced plea bargain has both pros and cons.
Most of the time, people tend to argue that young offenders should not be charged as adults and consider it as a radical and traditional way of thinking. They also have the view that such young offenders do not need harsh punishments, but rather require rehabilitation, which will make them change their behavior.
Recent research shows that there is a high percentage of property loss through arson. Many people also lose their lives because of a criminal act of arson. Most companies and factories are the center of interest of arson. Most lives lost through a fatal accident by fire caused the loss of massive numbers of people.
The songwriter is sued for infringement and loses because it is easily established that he had access to the old melody by virtue of his being in the same country when the old one was released. Consequently, the ruling would be that there was unconscious copying of expression, complete with both access and substantial similarity (Wilson, 1995, pp.55-56).
The Appeals court held that a transferor who transferred assets for an unlawful purpose giving scope to the pre-supposition that it was for benefit, could withdraw his connection in such unlawful purpose before it occurred, or give proof of the illegal aspects of this transaction in order to deny the benefit, and could thus get back the property for his own.
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Now that AFEC Inc shipped on the nominated vessel at Port of Lagos, Nigeria only 50.100 tons of grain. Further, though the shipment of the consignment was completed on Apr 2nd, 2009, AFEC Inc persuaded the master of the ship to issue a bill of lading 31st March 2009. They also successfully persuaded the master to include in the bill of lading both a deviation and a deletion clause;
The author states that in the court system, it is important that all people have confidence in the judicial system and view it as a fair system. If members of the public and the court staff perceive one group to be more credible than the other, then the system is weakened as the concept of free and fair justice is then compromised.
In the present case, Vito has clearly and unambiguously shown that he intended his son to have the property and also expressly declare himself trustee. Therefore, there is virtually no ambiguity that Vito intended the penthouse to be held in trust for Michael and declared himself as the trustee for the same.
This law was implemented in several states in the USA including Michigan, Texas, and New Jersey. The Driver Responsibility Law requires the monetary assessment of the drivers who are found guilty of a particular traffic offense or have gathered at least seven qualifying points upon the driving records.
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The central point of focus is the murder and investigation of Sergeant John White who was a policeman known for his honesty and integrity in the police force of Hobart. The murder of the sergeant provokes intense investigation as people who were close to him and others who were involved with him tell of what happened.
This aspect allowed the widespread of the declaration globally. This significant move by the UN General assembly was compelled by the series of war in the preceding years. On this note, human rights were generally accepted among the member states of the UN general assembly a mechanism of salvaging the inherent dignity of human beings that had been wiped out of existence by the rugged history of world wars and civil wars.
One of the aspects that must be considered is the fact that according to Section 7 of the Vehicular Access across Common and other Land (Wales) regulations, Alison would have had to submit an application for the use of the easement and receive a signed note of no objection from the owners. Since Alison has no such document.
It is for these reasons that call for tax credit amnesty were raised and why the overall implementation of this tax credit system will forever be clouded in controversy. While the intentions of the government may have been positive, it is readily apparent that the implementation of these measures was an abject failure.
The research paper aims to clearly demonstrate that the minimum wage law is a harmful law that affects the unskilled employees, the young people and the people that belong to the minority groups. The authors decided to use the logical application of basic supply and demand economic analysis as their method of doing the research.
Two states have since passed the legalization of marijuana for recreational uses by adults with 21 states that have passed laws that legalized its use in certain medical conditions. In Arizona, medical marijuana is already legalized. A poll conducted in the recent past shows the desire of a great number of people for marijuana.
There were other pieces of evidence but they stood out either because there was nothing to counter suspects or that they were indeed logical. The reason why the West Memphis Three should be convicted is that Jessie Misskelley pointed out in his statement that the three of them were the ones who brutally tortured and murdered the three young boys.
ABA needs to create a commission to perform an in-depth examination of the number of school fees charged by law schools in the US as well as the funding issues. The association needs also to establish a mechanism, which will institutionalize the procedure of assessment and improvement of legal educational systems.
Cases of civil disobedience are well illustrated by Martin Luther King and Antigone in their stories. Both these characters are portrayed going against the law and this attracts come kind of criticism which amounts to some legal forces. These two characters argue that they are fighting for human rights which they feel have been denied to them.
This topic raises several arguments. It is so much related to the course that I am pursuing, something that deals with education in a broad topic of English. The topic digs deep in trying to look for a stand in the present and upcoming heated debates about punitive damages. This piece of writing will consider all the liabilities of products.
The first main disadvantage to this solution is that minors would be considered to not be fully mentally developed and many of their problems could be attributed to their parents and their upbringing (Bardes et al, 2011). This means that a number of people would try to blame some other party for the actions of the minor.
The argument against governmental control based on recognizing its spying purposes is hard to disprove since it is based on true facts. The only good advice here is just to “get over it”, as Rambam says. Still, one needs to remember that the government might not be the biggest interested intruder. The market is much more dangerous.
Apart from high-speed freeways and expressways, pedestrians also have a privilege to walk along and to cross streets safely. Unfortunately, most of the streets and highways are primarily built to aid the free flow of vehicles. Pedestrian collisions resulting in loss of life and injuries are a serious and frequently occurring problem.
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Before delving into the nitty-gritty of the Drug cartels and its political influence, a study must be made of its past in order to understand how it became such a huge problem in Latin and Central America. How could something as simple as Coca, which is a Latin American resource pose such a worldwide problem for the drug enforcement authorities?
Piracy is illegally copying and obtaining digital software or original work online without owners’ consent. Digital piracy goes back as far as 1976 where Bill Gates writes a letter to those responsible for urging them to stop. The first file-sharing software was Napster developed by a college student in Boston’s Northeastern University in 1999.
It is a fact that human life happens to be the most precious and respectable thing in this universe. Sadly my speech has to do with the sanctity of human life. It is indeed sad and regrettable to acknowledge that in a free and democratic country like America, the death penalty is not only legal and constitutional.