At present in almost every community, police and the concerned groups are vigilant in apprehending those who sale prohibited drugs and most of all rehabilitating those who are addicted.There were studies conducted and laws created to eradicate and prosecute individuals who are engage with drugs and send them to criminal courts. Those people who were apprehended and found guilty were put in prison.
According to the study of Belenko and Dumanovsky of the New York City Criminal Justice agency in 1993: The number of drug arrest in the United States between 1980 and 1989 increased by 134 percent.
Before I proceed with an analysis of the law governing this question the following facts have to be taken note of. Firstly Julian is a senior employee of a firm that actually “innovates” and creates new tools. Secondly, this may be his part-time hobby but he is using the resources of his office like the equipment and the infrastructure etc.
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The Supplier of a service acting in the course of business in England, Wales and Northern Ireland to carry out a service with reasonable care and skill and, unless agreed to the contrary, within a reasonable time and make no more than a reasonable charge.
They asked the security guard on duty if they could remain inside and if he could call the police for them, but were cast out. Subsequently, Mr. Broughton sustained multiple stab wounds that turned out to be life-threatening. Mr. Broughton went through a long physical recovery and ensuing psychological trauma due to the incident.
Credentials to be required of the subsidiary contractors shall include expertise, experience and probity. Under such circumstances, and even in the remote possibility thereof, the company has to seriously assume that it has to absorb all liabilities in case of lapses and drawbacks in the project accomplishment.
Negligence is viewed as the same as being careless, as someone could be doing everything within their ability to be careful, but nevertheless, fall short of what is expected of them. a situation where someone suffers a loss and is injured as a result of the negligence of another, they may be entitled to claim losses from the negligent one.
While the main purpose of the adult criminal justice system is to punish the criminal according to the level of his or crime, the aim of the juvenile justice system is to apply rehabilitation or mentoring to juvenile offenders in order to prevent further crimes and to change their delinquent behavior.
The author analyzes the case where Cliff agreed to supply a Boiler to Desmond for his laundry business. The present case comes under the purview of promissory estoppel, wherein Desmond agreed to pay a bonus to Cliff. Though the payment was in respect of an already existing contract, Desmond was benefited by the completion of the work in time.
The author gives an example of an industrious farmer who manages through hard work to produce a surplus of food for the winter while a lazy neighbor spends the summer relaxing. Must our industrious farmer give the surplus away because without it that neighbor, who refused to work, will suffer?
The author explains that it was the first hospitalization for the woman and she had had a severe attack in the lower quadrant, in the same are, the last December. She has severe pain and a mass formed, in the area and had come to the hospital for a checkup and medication.
Under the glare of Critical Legal Studies (CLS) scrutiny, once-sacrosanct legal precepts are being dismantled, stare decisis as a doctrine is being reexamined, and the infallibility of the courts as repository of truth and justice is being questioned.
How then does a notary serve to prevent fraud and protect the public against deceitful and injurious documents'
Any notary worth his salt will start the notarial act with a thorough reading of the document including, and especially, the fine print where riders usually hide.
A more jurisprudential analysis of the attitude of the courts would suggest the utilitarian approach of the achieving the greater good for the society as put forward by Mc Kee (2000) who believes that the good of the society is based on trial judges or juries returning fair verdicts after looking at all the evidence available.
In a majority decision, the House of Lords in Westdeutsche Landesbank Girozentrale v Islington London Borough Council  demonstrated that the ‘differences between common law … and equitable rights and remedies cannot be ignored merely by the invocation of the language of restitution and unjust enrichment.’
The Act is also intended, amongst many other new regulations, to prevent marriages of immigration convenience. Those asylum seekers that fail to be admitted into the country but who cannot be immediately deported are also forced to take part in some form of employment in order to pay for their own sustenance and housing until they depart (Stansfield, 2005).
Please refer to figure 1 for a complete outlook for the different systems that are followed throughout the whole world.1
Undoubtedly the most widely accepted law amongst all, the civil law is occasionally also accepted by the name "Continental European Law".
It is unrealistic to expect companies to do away with IP agreements entirely. Nonetheless, restrictions should not be so limited that only a certain sector of society profit and that property owners benefit only in terms of profit. In today’s global society, it is also important to take into account humanitarian issues.
It is the employee who has caused harm on himself and no fault could be attributed to the employer or the physical working conditions. The major ambiguity of this doctrine is the degree of safety present in employment conditions which will establish if an employee is indeed liable for his or her own injury.
The word fiduciary comes from the Latin word 'fides' meaning faith. A beneficiary puts his entire trust on a fiduciary, who in turn has to keep his self interests at bay and must not profit from the benefits of the position he holds.
onse and opinions.3
The paper attempts to review the use and effectiveness of ASBOs in tackling crime and antisocial behaviour. In doing so, it shall review available literature and research on how the order is being applied in practice, the perceived impact of these orders on law and order situation and the evidence suggesting the effectiveness of ASBO.
In view of the discussion, it may be observed that both the true and fair view and fair presentation have not been precisely defined and both are assumed to give a meaning in the context of usage of the terms and the relative perceptions and frameworks. Both concepts have the same ultimate objective.
A contract according to English and common law is a legal binding containing exchange of promises between the parties involved. The law will enforce the contract if any of the parties breach the contract. The breach of the contract can be recognised by the law and the remedies were provided in the law to make up the loss for the victim.
But it increases the strength of the defence lawyer's argument by verifying that the accused had a motive to commit a crime. An example of motive is when a husband dies and leaving behind a million pounds worth of property where his next of kin was his wife.
Negligence will occur when there has been a breach of the duty of care. A breach will occur when (a) the damage is foreseeable (b) there is a sufficiently proximate relationship between the parties and (c) it is fair, just and reasonable to impose such a duty.4
However, it is difficult to identify precisely a definite date, from which the crimes became a serious problem for the society. No specific solution has been found to tackle this problem. People have attempted to find different solutions like inventing sophisticated technical devices, making psychological researchers, which aim at preventing the crimes.
The author states that college students also find it odd that they may be targets for identity theft when they feel that they are safe at school and don’t have a lot of information that thieves could steal from them. That, however, could not be farther from the truth. Students are often among the most targeted.
This in itself creates a tension as wider concepts of "fault" are not currently covered under the law of negligence. To this end, the range of sports injury claims amenable to recovery has widened significantly, creating a risk of floodgate claims.
Moreover with regard to sports injuries claims under negligence, the last decade has seen a marked increase in sports injuries claims in respect of loss of career.
I was compelled to locate the appropriate statues and case law which would qualify her as a consumer, which would in turn qualify her to file for damages. Also, the manufacturer of the defective product had liquidated, so Sue did not have a recourse in pursuing the company which was originally at fault.
This essay will apply moral reasoning to one of the most disturbing question the society faces nowadays, which is "Is capital punishment morally justifiable" In this essay we are going to use the eight stages of moral reasoning developed by Robert Gascoigne.
As in any international organization, the member governments of the EU have assigned to themselves the central role in the governance of the Union. Member governments dominate both the European Council - the semi-annual summit meetings at which government leaders set the broad strategic direction of the Union - and the Council of Ministers, which has historically been, and remains, its pre-eminent legislative body.
The use of DNA technology, however, and despite the privacy arguments launched by civil rights activists and advocates, holds the key to the resolution of these problems. As the essay shall argues, the American law enforcement and criminal justice systems are in a position to constructively benefit from the use of DNA technology, should they follow in the footsteps of the United Kingdom and establish a nation-wide DNA database.
These clearly state that "personal data" means data, which relate to a living individual who can be identified, these data can be obtained without permission only for lawful or emergency purposes, should be used only for the purpose obtained and permission from the data subjects or data commissioner is needed to use it for other purposes.
In the UK, the advent of the Enterprise Act 2003, empowers investigators to enter into the premises of undertakings to search for evidence that is likely to incriminate undertakings who have for example entered into anti-competitive agreements or formed cartels. Company directors could also be disqualified under the Enterprise Act.
The republic debate is doubtless to draw a fair degree of rhetoric from all sides, but in the midst of rhetoric the hope remains that there shall be enough room for a genuine effort to reconsider the traditions of the past, to change the constitution and the system of government for a better future, aiming to improve the quality of the democracy.
The plaintiff, GM Studios had also sued Grokster Ltd, Stream Cast and a number of other peer-to-peer file-sharing companies to shut down their peer to peer file sharing activities. The case finally went to the Supreme Court to decide whether MGM and other copyright owners could sue these companies where it was held that they had the power to sue these companies and halt their activities.
This ability to transcend national law, and to compel revision of such law to comport with rights guaranteed by the European Convention in a broad range of areas, most often within the exclusive purview of national and local courts, is of historic note.
That is the true measure of what terrorism may achieve. It is for Parliament to decide whether to give the terrorists such a victory"
In December 2004, the House of Lords, UK, opposed Britain's detention of foreign nationals suspected of terrorism indefinitely and held without trial.
Sellers and Internet auction operators, including overseas-based sellers and operators, need to be aware of their potential liability under the provisions of Part V of the Trade Practices Act 1974 and/or equivalent State and Territory Fair Trading legislation, where they sell or are involved in the sale of products to Australian consumers.
It will be necessary for you to complete this outside of tutorials. We strongly encourage you to bring a copy of the Research Record on disc to tutorials to enable you to easily update your work and "cut and paste" from electronic sources as you proceed. The problems to be used to complete the Research Records will be released on the LWB143 online teaching site.
Conventions play an important part in all constitutions but are perhaps particularly important in Britain since the constitutions remain un-codified. The maxim of the British Constitution is that the Sovereign can do no wrong, but that does not mean that no wrong can be done by Royal authority. The term was originally coined by A.V.
English law, however, has long failed to recognise the phenomenon of corporate manslaughter and, consequently, corporate criminal liability towards deaths and injuries which are immediately traceable to corporate negligence, or inextricably linked to the use of a service or good extended by the corporation in question.
The latter half of the twentieth century and the years into the twenty-first are marked by a marked shift in cultural values. It is not farfetched to say that this period has seen the prevalence of consumerism and materialism, with a simultaneous decline in more sophisticated cultural pursuits. This historically unprecedented development has led to new ethical quandaries.
The Director General of Fair Trading v. First National Bank  1 AC 481, was a test case, which has garnered a considerable amount of attention and controversy on the issues of fairness (equality) and reasonableness.
The author states that multiple pressing international issues like wars, international trade, digital connectivity and sanctity, cybercrime, international crime, climate change, and environmental degradation has manifold augmented the importance and relevance of the public international law.
Hazel Khan bought a residential flat in Mansion House subject to a mortgage from Southwark Council. The purchase price of the property was estimated to be 47,500 and the amount of the mortgage was 17,500. Before approving the mortgage, the Council instructed Sam to inspect the property and prepare a report on it.
In criminal law the intention is viewed as that of negative intent of mind that is responsible for criminal action. There is no definition for intention in law. It is inferred from the activities and the results of such activities the interpretation or inference of intention is subject proof in the jury.
In the Third Restatement, the behavior is not in the scope of employment “when it occurs within an independent course of conduct not intended by the employee to serve any purpose of the employer.” Based on the Restatement of Agency, §7.07 an agent’s behavior will not be within the scope of employment if such a behavior is independent.
WCC and CC has always been in comparison with other types of crime especially conventional property and violent crimes. Even in situations when corporate criminals go to prison, there is a concern for how long and in which institutions the criminals would remain in comparison with conventional criminals.
Criminal behavior is an act that violates the norms of a society according to Sociologists-Criminal act can also be an act that violates the laws of the land in a formal setting according to oxford dictionary of law.
Angela, who was 15 years of her age, was quite mature to realize the focus of her love and feelings towards her two younger sisters. Its all in human nature, love can project its presence anywhere and everywhere. It has been several times that the real sisters do not respond to the need of each other.