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One very serious aspect and a growing concern for most government and judicial authorities, health practitioners, non-government agencies and the public. Next to substance abusers, sex criminals are the rapidly-increasing part of prison populations. Sex offenders, irrefutably, who are considered a looming threat to communities,
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Judicial activism and judicial restraint are the two sides of one coin, in which the former presupposes the active involvement of judges and influence of their personal opinion in the rulings’ and the latter is about dealing with the possibilities of judicial overreach. The concept of judicial restraint is based on Montesque’s idea of ‘division of powers’.
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At any rate, even if Derek is not responsible for the homicide, he would probably be responsible for manslaughter, as one only has to prove, as the actus reus for manslaughter that a person intended an unlawful act to another person for manslaughter to be established. As Derek intended arson on Alan’s home, this could be said that Derek intended an unlawful act on Alan.
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The situational leadership works based on the philosophy that leadership is not static and that the style and attitude of a leader depends on a prevailing situation. The validity of this song is in the fact that “general human tendency in decision making differs from time to time and depends on the circumstances”.
The debate concerning assisted suicide has moved past the sphere of the unconscious person and into the sphere of patient rights. Drawing from common law present in most jurisdictions, terminally ill patients who demonstrate mental competence may request the withholding of life-savings methods even though this choice will result in their demise.
Prevention can work, in every sense, then keeping on relying on incarceration as our first defense against violence and crimes. Instead of simply persisting that prevention is better than incarceration, then, we need to highlight more precisely what kinds of prevention work better and why some programs are better than the others.
The author states that the main responsibility of the country’s leadership is to ensure the safety and security of its entire people as argued by The White House Washington. To adequately protect national security, the United States has intelligent agencies that gather and generate domestic and foreign intelligence.
An employer is directly liable for sexual harassment if he himself commits it or if he fails to act on sexual harassment or discrimination complaint. In vicarious liability, the employer commits sexual harassment when his employee commits sexual harassment in the course of the performance of his employment with the employer.
The constitution articulates the rights of the citizens in a country. Constitutions should let the citizen identify with and completely engage with the nation and the state institutions. Constitutions could be written or unwritten. It should be mentioned, that most of the countries have written and codified constitutions.
Koopa becomes a bailee as a third party and his duty of care is owed to Eric/Motortek. His duty of care in respect of Eterna Motors can only be founded in the tort of negligence as there is no privity of contract between them. However, Motortek will have a claim in both contracts and the tort of negligence.
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The whole of the common law is judge-made.’ Thus, in establishing an error in previous interpretation of the law and setting legal precedent, the judges by course of nature determine the actual social application of legal statutes in business, government, or other relationships between citizens and organizations referenced under legislative accords bound by Common Law.
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Scepticism refers to the personal skill of the auditors to evaluate the honesty of the accounting practitioners. The concepts of professional scepticism, which are entirely depended on the perception of the auditors, are influenced by various factors. At the foremost, the concept is influenced by the amount of scepticism implemented by the auditors.
For the consent of the patient to be valid, the doctor must prove that the patient had been informed of the risks involved and that they had notified the patient of all the possible complications that might occur when performing the operation (Hope, Savulescu and Hendrick, 2003. The doctor is also under a duty to ensure that the patient is competent to give their consent to the operation.
Over the years, various criminologist and authors have developed numerous definitions of White collar crimes. However, none of the definitions that have been provided can be deemed to be accurate and complete. According to Edwin Sutherland, "a crime committed by a person of respectability and high social status in the course of his occupation" (1949).
Euthanasia has been legalized in a few European countries. However, doctors in the UK are unwilling to terminate the life of patients, even in the most serious cases. This is not the situation obtaining in some of the other countries, and the UK doctors are of the opinion that patients, with terminal diseases, must be provided with comfort and palliative care to enhance the quality of their life.
The paper has identified and analyzed different studies related to the topic; however, it is anticipation that future researches in this regard will allow a more comprehensive and updated understanding of the impact. It is an expectation that the paper will be beneficial for students, teachers, and professionals in better understanding of the topic.
The duties and responsibilities of a commercial agent are clearly defined under the law. According to Part II section 3 of the Commercial Agents (Council Directive) Regulations 1993, the agent has the duty to (a) negotiate contracts for the principal in an appropriate manner and to conclude the transaction in accordance with the instructions.
Many myths and misconceptions about rape are prevalent in society. Because of the trauma already suffered by the victim, and the likely prospect of further trauma in prosecuting the matter, many cases of rape go unreported. The lady, usually too much afraid to take action or to prosecute the perpetrator, suffered in silence and was punished for her inaction.
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Contract claims is a wide area that entails a lot to be considered. There should be no assumptions in the methods of claiming the contracts. As earlier mentioned, record-keeping is extremely vital, as it acts as reference points. These records, however, should be up to date, containing sufficient written notices.
His past record before the case was an unfavorable one too since he had been imprisoned in Arizona prisons for the murder of his girlfriend (a teenager) some years in the past. Just like many cases, he also stood out for the murder reasons, and people tend to forget other crimes of molestation to the kid he killed.
In practice, the rights of individuals have been included in a concept known as human rights. These rights have been found to have certain qualities, being universal, inherent, inalienable and indivisible. The above qualities of human rights are explored in this paper.
It is quite essential to state that there have been some instances where damages have been claimed in nuisance, both under private and public nuisance. However such liability is connected to the actual physical interference with a neighboring land owner’s right to peaceful enjoyment of his property.
Domestic violence is "now ... recognized as [a] violation of our human rights Services for the victims include shelters. These include various support groups, shelter outreach and follow-up advocacy programs. These same services are extended by the UNCHR to refugee women who are victims of violence.
Sing FooKee has agreed to pay the additional amounts in order to enable the contractual obligations to be discharged. Since a promise has been made, the promiser can go back on its promise only if some other consideration was supplied in return for the creditor’s agreement to accept a lesser sum than what it was promised.
Shirley wants to take care of her father and keep an eye on him by availing the option of flexible work arrangement. It is true that Shirley’s needs are genuine but under the constitutional framework of employment guidelines and alternate arrangement of flexible working condition, Shirley is not eligible to apply for working from home.
The reason for this procedure is to allow the judge to determine for himself which position has logical basis and have been arrived at only after taking into consideration the risks and benefits the medical procedure will present to the patient and which side has basis in claiming that a detection will prevent the avascular condition and in general which opinion is more cogent, and logical.
Law empowers as well as restricts the actions of state officials. Although the law is an indispensable requirement for the just management of intelligence, it is not sufficient. In reality, law subsists mainly to permit infringement on human rights, despite establishing procedures for obtaining appropriate authorization.
As we can see from the above discussions, the original question of whether or not a law is desirable or practical over the information in cyberspace is not a question that can easily answer. There are times where having law is freedom for individuals, such as in the case of copyright law. The location of the internet service provider.
This term is yet to be understood in its full sense. This is generally meant as knowledge of the law. The classifications and further thoughts on unwritten laws lead to the expansion of jurisprudence as a subject of research like science and arts. Geography and religion play crucial roles in this study since zonal culture is the chief factor underlying.
Recently, an employee of your company had caused injury to many people on account of his negligent driving of a company vehicle, in the course of his employment. In this context, it is essential for your company to be aware of the implications of vicarious liability while engaging new staff. Consequently, the employer is responsible for the activities of his employees in the course of employment.
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The author of the following paper states that prisons are usually designed to house a specific number of inmates; however, it is not uncommon to find prisons that have exceeded the prescribed capacity. This analysis will focus on three main areas of jail overcrowding; the causes, effects, and possible solutions.
Now, imagine the same homeowner, hiding with his family and just calling 911 for help. He waits with his family in the dark or makes enough noise to alert the intruder. There is a big chance the intruder will hurriedly try to escape. The family hopes the police catch up with the individual. Meanwhile, they are grateful none were hurt.
Justice Thurgood Marshall was one of the leading American justices who brought a change in the 20th century. At an early age, obedience to the rule of law was his core value. On June 13, 1967, Thurgood Marshall became the first African American to be appointed to the Supreme Court where he served as an Associate Justice for twenty-four years.
The paper will also address the factors that have shaped these changes, and the effects the changes have on young people’s opportunities and experiences. Lastly, lessons from this evaluation for future policy practices and developments will be outlined. Crime prevention has turned out to be a crucial part of criminal and social justice.
The issue involved a fraud case in which an Old lady, Doris Reed bought a house and the seller, Robert King and his agents failed to notify her that multiple murders had occurred at the house. However, reed did not know of the murder and bought the house at a price of $76,000 while the house was worth $65,000 due to its bad history.
There are mainly four qualities that the organization in the state strives for. Firstly it is required that the state must possess a well develop existing infrastructure which facilitates the organization to conduct some basic functions. Secondly, it must have the facility of easy access to the local resources that are required to fund the income.
Because of its complex nature and vastness in size, the maritime domain is particularly susceptible to disruption and exploitation by individuals, nations, and organizations. The vastness of the oceans and the lengths of shorelines make the land accessible by terrorists as well as rogue nations.
Much of a misrepresentation case is concerned with the determination of the kind of statements that are seen as reasonable and can be relied upon. In this context, fact statements, which are actionable, have been distinguished from other forms of statements that are seen as not being capable of forming the basis of action.
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.
The three principles the international environmental law treaties embody are the following One, Duties owed to Future Generations which the 1972 Declaration of the United Nations Conference on the Human Environment in Stockholm contains as Principles 2 and 5. The 1992 Convention on Biological Diversity obligates parties to integrate into their national laws the issues of conservation.
However, there are certain sections in the act that pertain to the specific topic of confessions and their admissibility in court. The Police and Criminal Evidence Act have set out in section 82 of the act the definition of what would constitute a confession.
With the advent of computers, new ways of information flow began to be adopted. Computers and information technology helped rapid advancement in different fields. The increasing scope of making better designs, adopting newer business methods and the invention of modern technologies increased the bulk of intellectual properties immensely.
In Meadows -v- Minister for Justice Equality and Law Reform Irish Supreme Court had to deal with several issues that related to human rights, refugee and other issues. The appellant is a Nigerian national who had arrived in Ireland at the age of 17 and had applied for refugee status for permanent residence in the country.
Lord Diplock observed that to constitute a valid declaration of trust by way of gift of a beneficial interest in land to a cestui que trust the declaration is required by s. 53(1) of the Law of Property Act 1925, to be in writing. If it is not in writing it can only take effect as a resulting, implied or constructive trust to which that section has no application.
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Ultimately, community custody of the criminal justice system allows direct involvement in the justice proceedings to arrive at significant ‘community-driven’ penalties for offenders which consequentially reduce cost by doing away from formal criminal justice processing and decreasing incarceration (Gavrielides, 2007).
The remedies available for breach of contract of sale are repair, replacement, partial refund, rejection and full refund. Moreover, if a defect occurs within six months of sale then such defect is deemed to have been present at the time of sale. Hence Stuart can either reject the contract or claim a full refund, in addition to a claim for damages.
The management of a company is usually entrusted to a body of individuals called directors. It should be noted that the Act requires a private company to have at least one director while a pubic company has a minimum of two directors. The exact name by which a person occupying the position of director is called is completely immaterial under the Companies Act 2006.
Criminality is inherent somewhere in human nature just like good virtues reside in some corners of the human heart. Criminologists study and analyse criminal behaviour to rein-in such activities. With the changing of times new criminal opportunities have surfaced from the use of new technologies, new types of organizations and new markets.
Lawmaking cannot be left in the hands of Courts and jury since it could be robbed of critical application and holistic approach since it is necessary that lawmakers need to consult the public on how best it could be framed and implemented. Judges are constrained from seeking opinion for law and legal pronouncements.
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One advantage of using secondary data is that it is a pragmatic way to do the research because such data can go beyond the geographical distance. Moreover, it is possible to squeeze more time and spend it in thinking about the research aims and taking more efforts in analyzing and interpreting the data.