Law Essays

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.

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.

Irish Constitution attempts to make balances between the rights and duties of parents, the status of the family, personal rights, and the authority of the Irish government as a custodian of the common good. It is to be observed that the main endeavour of the Irish Government in its anticipated amendment is merely to incorporate children’s right to make a decision on their own.

The paper states that it should be noted that the consumer protection Act 1987 imposes civil liability allowing a claimant who is injured by an unsafe product to sue the manufacturer of the product. The seller can also be sued in cases where the seller may have known the product was defective or was negligent.

It is really quite essential to notice that in Ramsden v Dyson, Lord Cranworth referred to the silence of a landowner in the light of someone building on their land. He suggested that equity would intervene if someone silently allows another to build on his land and does not interfere to prevent that.

A democratic society, no doubt, bestows many rights to its citizens, the likes of which are conspicuous by their absence in countries having an autocratic system of government. But it needs to be noted that, even in a democracy, there are certain situations where the rights of citizens are suspended, though on a temporary basis.

The crime is addictive and the boy may never stop it if severe punishment is not applied. He is likely to develop new ways of terrorizing people in the society as he grows up. Many criminals who have been convicted of a violent robbery at an older age begin with minor theft and eventually resort to violent crimes that sometimes are accompanied by murder.

Alvin runs a business selling expensive cars. Last Monday he mistakenly placed a notice on one car indicating that it was for sale for £5,000 when in fact its real price was £25,000. Bert later noticed the sign and, recognizing what a bargain it was, immediately indicated to Alvin that he accepted the offer and would take the car for the indicated amount.

In England, it had been established that the exercise of power by the government must have legal justification. Moreover, the exercise of power by the government, which has no legal justification, cannot be justified on the grounds of state expediency. The landmark case, in this regard, is that of Entick v Carrington.

In the case of Hugin v. Commission the ECJ implemented a restrictive approach to the definition of product market and on grounds that there was a special demand for spare parts. Moreover, in the case of Hilti v European Commission narrow view was taken of the product market in considering Hilti’s patented cartridges to tie in nails.

It may not be desirable to criticize the modern people for leading children to delinquency, but one could see its symptoms from the time immemorial. Though there were different juvenile detention centers, one is doubtful regarding the services they performed for assuring the better future and rehabilitation of these juvenile delinquents.

Most of the people in our country belong to the middle manager levels or below. With a falling economy at hand, it has come to notice that the wages and salaries for these people have not risen or had in fact got a drop. Companies have also been laying down a lot of their employees. At the same time, the CXO series employees of the company continue to get increasing pay and huge bonuses.

This tension between the legal protection of human rights, political constraints and the extent of individual protection highlights the conflict between legal enforcement of rights in practice. Donnelly acknowledges the inherent problem of implementing a philosophical foundation of a substantive theory of human rights.

Despite the fact that there is renewed interest in the subject, serious considerations of juvenile delinquency have been evolving since the middle of the 19th century. Accordingly, since the onset of Victorian-era ideals surrounding the ability of society to handle juveniles who are behaving in a delinquent manner, much attention has been given to the issues surrounding youth crime, youth violence, and overall juvenile delinquent behavior. 

The range of damages being awarded and actions that can be brought under contract have expanded through the tort of negligence and duty of care to include tortious claims within the scope of contractual obligations, especially where a breach of contract may be shown to have been an unlawful act that was calculated to do harm to a Plaintiff.

The research points out that while psychiatric examinations have always proven to show the thinking of an offender, they are not wholly useful in the investigative procedures themselves as they are modeled in more of a medical fashion. These psychological theories, psychiatric tests, and criminological methodologies are all very interesting.

The final case that has to be considered is Osman which took the law of negligence to the European Court of Human Rights (ECtHR) in respect to the duty of care and the immunity of police officers from liability under Hill. The ECtHR found that the immunity was in violation of Article 6(1), the right to a fair hearing. 

In the case of DPP v Smith, the court ruled that to qualify as a violation of section 20 of the Offences Against the Persons Act, the act committed must inflict serious bodily harm on the part of the victim. The act need not be directly inflicted upon the victim however, there is a need for the victim to show a break in the skin.

The word ‘deviant’ is preferable to ‘criminal’, as the latter just refers to violations of legal codes which may not reflect consensual values at all, do not encompass all acts of deviance or are based on legal concepts which are unscientific, reflecting metaphysical concepts of free-will and intent.

The author of the following paper states that the horrific terrorist attacks of September 11, 2001, left an ineradicable mental image in the minds of people worldwide and changed many aspects of life in America not the least of which is the moral, ethical and legal debate regarding the concept of racial profiling.

In cases where equitable or common law principles will clearly apply, the Courts function in accordance with those principles, as also articulated by Bagnall J in Cowcher v Cowcher, which supports Ashburn’s view of the separation of the two streams of law. The conclusion that must be drawn is that there are two separate streams that still apply.

In Street v Mountfield the court felt that the defendant was making a sham out of a lease by having all the elements of a lease contained within what he alleged was only a license. The principle of exclusive possession has now been used more widely to determine whether a lease or a license has been created.

As a result, Kima is entitled to damages since rescission is not possible as the bank has a separate contract with Justin. Rescission is only possible when the parties can be restored to the position they were in prior to the contract. Under Section 2(2) of the Misrepresentation Act, the court can award Kima damages in lieu of rescission.

To better understand if this statement is true, one needs to examine first what are the defenses used to a claim in negligence apart from contributory negligence. It is important to study the case laws which explain the decisions in arriving at a grant. One of the known defense available to a negligence claim is contributory negligence.

The main argument is who authorized the chair for Lionel. Why would a firm deprive an employee of a good chair unless they wanted to make things difficult for him and get him to resign? Also, why would the Line Manager continue to block Lionel’s attempts to draw her attention to his colleagues’ taunts?

The case discussed above gives the worst kind of moral hazard arising out of limited liability. This shows how limited liability can not only cause mammoth damage in terms of economic loss but also destroy investor confidence. The argument here is not that limited liability should be completely abolished but that it must come with some special obligations and duties.

In the case of Kartinyeri v. The Commonwealth, while challenges have been made towards pointing out the applicability of the Bridge Act and also, on a broader scope, questioning the basic principles of human rights as enshrined by the Constitution, by exploring the layers of meaning as incorporated under the constitutional provision the Court has reached the conclusion.

However, if the transaction does not involve the holding company, the new rule requires that they should avoid the situation conflicting with the interests of the company unless there has been a prior authorization by the company’s board for the directors to do so. For a public limited company, the articles should have a provision for such an authorization. 

The dependent variables in this survey will be fear of crime and the independent variables will be age, crime rates and publicity given to crimes through media. The attempt will be to find out how fear of crime varies with age, crime rates in the society and also the publicity was given to crimes through different media. 

Since Broomsberry is an established publishing house and is unlikely to suffer exceptional loss in profits due to Hagrid’s infringing activities, it can elect for an ‘account of profits’ rather than claiming damages for the same. An account of profits entails that the defendant is deprived of any profits that accrued to him, owing to his infringement.

Torts of different kinds are increasing lately and remedies are sought by those affected by these circumstances to seek justice against their offenders. From time to time, judges calculate the number of damages based on the normal estimates provided in the applicable laws—but sometimes they seem to rely on the precedents to pass their judgment.

Human Right Act is one of the main importance of the state for the betterment of human liberty. The proper bill of the act is very much important to maintain and sustain the best judicial practice. However, the weak bill puts a great punch on the Judicial Courts and that’s the reason the final judgment of the court is predominantly low in volume.

The paper shows that the decision of courts to hold doctors accountable for battery and another offense if they do not obtain has been criticized, however, it can be seen that such an approach has balanced out respect for religion, the importance of consent of the person himself and wrongdoings if any by the doctors. 

This principle was also upheld in the case of Home Office v Dorset Yacht Company.2 In the case of Anns v Merton LBC3, this principle was further refined to state that a duty of care would be owed when there is a sufficient relationship of proximity between the alleged wrongdoer and the person who suffered the damage. 

In another instance, a juvenile can be delinquent for what amounts to mere “incorrigible” conduct and does not involve criminal acts. For instance, a juvenile who leaves his or her home without consent or is idle or associates with “vicious or immoral persons” can be designated a delinquent under the laws of various US States. (Rock, 5)  

The British criminal justice system is backlogged and the Labour government in power was elected on new promises to crack down on crime. In spite of the fact that the climate may not be ideal for criminal justice reform, the time has come for the British and the Canadian public to realize that significant changes to the criminal justice system must occur in the name of justice and due process.

In general, Devlin argued that trial by jury “gives protection against laws which the ordinary man may regard as harsh and oppressive” and is “insurance that the criminal law will conform to the ordinary man’s idea of what is fair and just. If it does not, the jury will not be a party to its enforcement”.

If the claimant’s version of the facts is accepted his claim will succeed.  However, if Perkins’ version of the facts is accepted, the claim will fail.  In this regard, the claimant has a 50 percent chance of succeeding.  At worse, if his evidence is not accepted the tribunal will rule that his resignation was voluntary. 

The patient’s right to give consent was to ensure that the medical practitioner exercised due care to avoid battery or interference with the patient’s bodily integrity, this principle has been revised over the years to require the medical practitioner to provide the patient with “sufficient information to enable the patient to give consent.”

Three main issues that may have the greatest impact on Australian land laws. the overturning of the doctrine of terra nullius (land belonging to no one) in Australian land law, the question as to when a native title is deemed extinguish and the effect of this decision on existing as well as future land rights legislation.

Within the context of legal precedence, when legal conflicts arise, it is usually clear which party is in violation of the common law. While the use of precedent by the judiciary has been clear and concise, the advent of the internet has created a new frontier where the judiciary has had to make many cross applications of the common law.

“Partnership is the relationship which exists between persons carrying on a business in common with a view to profit. It involves an agreement between two or more parties to enter into a legally binding relationship that is essentially contractual in nature”. At the same time, it is necessary to understand the concepts of Agency in this context as Partnerships are understood to be basically relationships of the agency.

In most homicides, the victim knows the individual responsible for the death. Because of this, it is very vital to understand the possible motives for homicide. According to Lafave and Austin (1986), common motives include financial gain, self-protection, emotional factors, sexual gratification, and elimination of nuisance as well as love-related homicides.

Hiring lawyers can also be expensive and therefore those who cannot afford lawyers would be at a disadvantage under this system. The benefits of the adversarial system still outweigh the above limitations. The trial and the determination of the case are based on the evidence presented and on how the case is presented by either party.

Euthanasia is a concept that has raised many controversies and arguments among the public as to whether it should be made legalized . It is really difficult to analyze whether euthanasia is a suicide, murder, or crime. Even though many people consider euthanasia a crime, to a person undergoing immense pain and stress it is a compassionate help.

The paper will be supported by an extensive literature review including case studies in American law over the past ten years; the impact of decisions made through the court system and economic and law discussions on the issue. The final discussion will look at how the legal system could be adapted to improve security for banks and cardholders, and whether or not U.K. law on the same issue can learn anything from this research.

Generally, the non-compliance problem is acute in developing countries and especially, in the informal sector of these countries. The reason for this is that traditional procedures to implement labor laws are not followed here. As a result, the employment relations are not well-defined and thus, can be abused.

Crime stories dominate the TV news every day. Crimes and violence are a worldwide phenomenon Well, it is not surprising anymore. In fact, since the 1960s crime rates in the United States rose steeply at an alarming level as noted by Newsweek magazine in its February 27, 1967 issue. (Magazine Articles from 1967).

Increasing demand in healthcare would be facilitated by ensuring that the healthcare system is funded to meet the numerous numbers by raising the number of nurses and doctors per unit population. This can be achieved in line with the total quality management which will save on excesses in the system and spare them for such elements in the healthcare delivery systems.

In the case of Shaddock v Parramatta City Council, it was established that a government department is responsible for providing accurate information to citizens since in most cases, they are privy to critical and specialized information that citizens are likely to believe and act upon. Failure to do so creates a situation of professional negligence which allows the aggrieved party (that is the citizen) to sue for damages.