Law Essays

We can assume that the battle will lead to the victory of one party, but sometimes it may happen that the in the flash point the other party will win over ,subject to the certain conditions imposed by the law on the beginner. In the given case, Bertz has good opportunity to win the case by the provisions of the Law.

UK has its first legislation regarding immigration in the 1962 Commonwealth Immigration Act which restricted the flow of passage into the UK from other parts of the Commonwealth. There have been several statutes since then including the Immigration Act 1971, Race Relations Act 1976, the Human Rights Act 1998 and the British Nationality Act 1981. 

The International Covenant on Civil and Political Rights gives to the Maori culture the right to engage in fishing activities and it reiterates its obligations to ensure that these rights are recognized. The Fisheries Settlement has achieved this to a large extent in as much as it gave them the right to revenue through quota together with Maori participation.

Pursuant to Article 40 of the United States Convention on the Rights of the Child, the State recognizes the right of every child alleged as, accused of, adjudged, or recognized as having infringed the penal law to be treated in a manner consistent with the promotion of the child’s sense of dignity and worth, taking into account the child’s sense of dignity and worth, and the child’s age.

Dominic died a year ago having appointed Tick and Tock as his trustees. His will contained the following provisions. My trustees are to hold £175,000 on trust to distribute as they see fit to the past and present members of Oakley Riding Club. £16,000 on trust for my niece Abigail so that she can learn to ride.

An examination of the following theories that support adherence to these principles could help in identifying such reasons: According to the theory of structural realism, states are in a condition of anarchy, although not exactly a total chaos. It provides that states, most often than not, find themselves totally or partially in conflict with each other, brought about by the differences in religion, economic condition, status, or interest.

Thus the very act of trespassing into the house of another person with the intent to commit a crime is called burglary, whether any offense is committed or not. Over the years, it has been noticed that the concept of burglary in terms of public attitudes has undergone significant changes.

In a six-month period from 2003, the force stopped and searched 346 black people, as against 201 in the same period in 2004. The death in 1993 of teenager Stephen Lawrence highlighted the issue of institutionalised racism in the police. Among the recommendations of the Lawrence inquiry was the introduction of new guidelines under which the police had to log the number of people stopped, as well as searched.

The courts of law in medieval times enforced the law of the king. The range of claims that these courts agreed to hear gradually became more restricted and painfully technical, and many deserving plaintiffs were denied a hearing. A plaintiff's alternative was to send a petition directly to the king, asking for mercy to decide the matter.

The Law Center has been credited for "the desegregation of recreational facilities, the reappointment of the Alabama legislature and the integration of the Alabama State Troopers" (Lester, 2005). The Southern Poverty Law Center has received international acclamation, and has been admired "for its path-breaking litigation, particularly its successful cases against hate groups and its tolerance education programs" (Lester, 2005).

The charges are serious and one of the main accused, DAIRCOR Pty Ltd, is in damage control mode. The Australian Competition and Consumer Commission (ACCC) have begun investigations against the companies for breach of ss 45 and 45A of the Trade Practices Act 1974. The episode has also attracted class action for damages under ss 82 of the Trade Practices Act.

A case involving the information being disclosed by clients especially the personal and confidential information that becomes known to the counselor and the amount of these data that can disclosed to only limited people and with the consent of the client.

The basis and philosophy behind the proposals within the “Quashing Convictions” Report is stated quite explicitly by John Reid, the Home Secretary, in his Foreword to the report.

The author claims that Indonesian people are yet to come out of the trauma they experienced during the Tsunami when the Shariah laws are being implemented in a manner which reminds us of the Stone Age. On the one hand we are talking about equality in the society, but on the other hand we have the example of women being prosecuted.

For the elderly or disabled coach party member, his injuries were caused by the unsafe pathway. As a matter of fact, even if the pathway was made safe already, it would still have been the duty and responsibility of Rare plants Ltd. to have provided safety escorts or ushers to assist the clients in seemingly hazardous areas of the center.

In 1991, Lynn gave birth to their first child, changed her surname to Mike's and held herself out to their friends and family as his wife. A second child was born in1995. Over the years, the mortgage payments were always paid out of Mike's salary, whilst Lynn paid all the food bills and out goings on the house (I.e., council tax, water rates, gas, electricity and telephone charges) out if her own income as part-time secretary.

The most utilized form of business is corporation.1 Many successful and well-known business companies come in this form like Microsoft, Nokia, and Friendster. They are in fact corporations. One point being considered is that forming a corporation is moderate in terms of burden and cost since there are usually more people who share in the capital and who join hands in running the business.

According to the federal anti-kickback statute, a part of the safe harbor regulations, it is against the law to knowingly solicit or pay a person or a group of people to refer individuals on state or government medical insurance to your medical center or group. This is essentially what he is being asked to do.

The first wave of reforms occurred in the late 1960s and early 1970s when most developed countries substantially eased their divorce rules, permitting no-fault divorce in which marital dissolution is possible without proving matrimonial misconduct. The no-fault ground is described using the blameless terminology of irretrievable breakdown.

Equity can be defined as a system of doctrines and procedures which developed side by side with the common law and statute law . Also equity is the degree to which one party judges that another party will fulfill its commitments and that the relationship is equitable. It is assumed that there is a reciprocal relationship between equity and trust.

After the completion of the work, Print UK refused to pay the bonus amount to its workers. Relying on the promise of Print UK Ltd, the latter's workers had worked extra hours, in order to complete the task. They completed this task, within the deadline, notwithstanding the fact that there had been a significant reduction in their strength.

There is litigation against British Gas and the Data Protection Register for violation of data collection methods used in its gas marketing methods and the subsequent breech of contract filed. This paper will look at both the contract law itself in a business setting and how this is applicable to past litigation issues with British Gas Trading and how their current marketing schema.

This is done by resolving a case study which revolves around three parties – the lessor, the lessee and the contractor. The paper is divided into two sub sections: the first section specifies the definition, meaning and relevance of the comparative law.

The question the lay man has is whether these gangs are mere criminal groups that operate within their areas of residents but on a closer look and with the evidence of similar crimes committed elsewhere, a shadow of doubt is always cast as to whether the gangs operate within larger scales than that which meets the eye.

Rupert has completed the work to the full satisfaction of Herbert and he has evidently accepted the fact too. But he paid Rupert only 25% less of the cost of the listed items as interim payments instead of 10% less. There arises a breach of contract on the part of Herbert since he did not pay as he had agreed to at the beginning of the contract.

Constitutionally inscribed and morally and forcibly sanctioned slavery lasted in the republic until 1865. What followed slavery was a century of segregation, exploitation and deprivation--the social and economic consequences of which continue to affect the life chances of African Americans adversely.

The author states that the purchase is coupled with the expectation of realizing federal income tax benefits. Herein petitioner, a New Jersey law firm, aided in organizing the partnerships and prepared opinion letters addressing the tax consequences. The partnerships failed and subsequently, the Internal Revenue Service disallowed the claimed tax benefits.

d.) suggested that "state governments have profound affects on the lives of state residents." These characteristics have to be taken into account at the time of assessing the state governments as entities that indeed need to have their own written Constitutions so that their laws are established in a formal way and are known appropriately by all the citizens.

The author states that in either perspective, there are requirements of proof for the determination of guilt and are both considered equitable. The source of the debate, however, is in the pre-crime and post-criminology treatment of suspected and actual offenders and in the crime prevention programs implemented.

The plaintiffs argued that enforcement of the various forest practices, envisaging the due process of conservation and preservation of marine life, aqua resources, wild life, etc., were severely compromised by the Washington State Forest Practices Board, which was responsible for maintenance and enforcing of valid forest practices.

The jury selection process in Canada ensures that there is no bias among the jurors or purposeful misrepresentation of ethnic groups. This fact has been affirmed by extensive research conducted by many organizations. The Law reforms commission of Canada addressed the jury selection process in its 1980 working paper.

One of such extremely important processes has been the gradual emergence of what can be termed 'a new legal order' in frames of the European Community (EC), which, in its turn, represents perhaps the most significant political and economic formation that appeared in the latter half of the twentieth century, and which has numerous unique qualities and continues to undergo further transformations.

About risks and reimbursement to the person's participation or no contribution that they have the right to extract without punishment at any time. For consent to treatment, alternative treatments and their risks and benefits are to be mentioned. The presence of an institution wide review body for research (also called institutional, ethics or human subject protection review board) and guidelines of its composition and functions are mandated.

It is mentioned that Wales does not have any legal system as of now, but is governed by Laws of Wales Act, 1535 legally annexed by England and is within legal context of England. (Gillespie, 2007) The United Kingdom established in 1801 with the union of Great Britain and Ireland which actually achieved its status as UK with the separation of Ireland in 1922.

Unlike the internal law of a state, it is not really possible to take a government into custody and imprison it for failure to comply with the law. To be sure, the only way to really force the compliance of a sovereign state that is determined to contravene international law would be military action - and that itself would not even be guaranteed to succeed, depending on the circumstances.

In case any employee is injured while on duty to otherwise an employer is expected to see that he is taken care of as per statute and ethics. Since there are so many issues related to employment that can create problems for both employers and employees, the State has brought forth a number of statutes, acts, and laws which can be used by both the above categories for their protection and availing of rights.

This article further clarifies that the limits imposed on the EU competencies are determined by the principle of conferral. These competencies during use are subject to the principles of subsidiarity and proportionality. Article 1-11(3) includes regional and local governments within the ambit of applicability of subsidiarity; this constitutes an important extension to Article 1-11(1).

Criminality was given the tag "organized crime" when common crime is committed not through a one-man foray but by a group of conspiring hoods.This paper argues that organized crime has eluded accurate and clear-cut definition through the years because the problem is in a perpetual state of flux

2000) . Even though specialist law reports pertaining to pensions began in 1989, most of the case law relating to pensions was found in a rather haphazard way in the case law relating to trusts. Cooper, D.R. (2000).Most of these Trusts cases now seem to have become a part of modern Pensions statutory law, yet they were the ones that lay the foundational principles for it.(For example see Tibbals v Port of London Authority [1937] 2 All ER 413; Doyle v Manchester Evening News which was decided in 1985 but only reported four years later in the first volume of the Pension Law Reports in 1989 [1989] PLR 47; and Re Alfred Herbert Ltd Pension and Life Assurance Scheme [1960] 1 All ER 618.)

Not only this, but it would effect the repute of the well known company. Viewing the circumstances the well known company applied to refute the new application. The application for new brand was given in 29 November 2006 by Hffner GmbH to register the trade mark 'EXIMED' in 5 Class.

The author states that the trial judge found that, assuming the insured had breached Statutory Condition 4 by not advising the insurer of the earlier vacancy, the insured should be relieved from the consequences of that breach under s. 171 of the Act, which states that a policy condition is not binding on the insured.

The author states that the miners in South Africa which were the lead producer of diamonds started working together and created a ‘cartel’ that would discuss and decide the price of diamonds in the world market. This cartel was formed with De Beers in the lead and they coordinated the entire operation of forming this initial syndicate.

It is the Company's intention to provide a safe and healthy working environment in accordance with the Health & Safety at Work Act 1974, the Management of Health & Safety at Work Regulations 1999 and all other relevant associated legislation and other requirements to which our Company subscribes. All injuries can be prevented.

As the industrial revolution took hold in Europe, factories sprung up in the cities and England was rapidly transformed from a rural to an urban society. As the population of the cities swelled, unemployment rose and low wages created a class of petty criminals whose acts were often aimed at securing food or a meagre subsistence.

Consequently, in this particular case the minister is deemed an employee of the church and therefore the church was the undisputed employer under what they described as the contract of service. Meanwhile, when an appeal of the earlier ruling was laid before the Court of Appeal, the Court of Appeal in presenting its ruling upheld that a tentative appraisal of the complex non-legal relationship that existed between the Methodist Church and the minister, was proof of reasonable evidence that with regards to the posting of the minister as part of ministerial responsibilities and are reasonably entailed in the entire package of ministerial service do not in any way amount to contractual agreemen

The conservative government was more concerned with law and order planned to project "crime" as a social evil while the left were opposed to mix crime with social issues. The politicians were unable to mix word Crime to any of social communal terms at both extremes of social behavior like permissiveness, youth cultures, demonstrations, public disorders, black immigration, student unrest, and trade union militancy.

Terrorism and the Balkan state has a long history together, the Islamic fundamentalist muslims eyed the area as a potential for terrorist base and a recruitment platform for its unholy activities.

.. Once the Osmosis of the above scenario clears in the reader's mind it is possible to discern a pattern where as the Queen of Hearts (later rhetorically referred to as "nothing-but a pack of Cards" by Alice) is equivalent to the Modern Executive with its unfettered discretion to use and abuse its powers, lock up and detain people at its own will, apply legislation in an oppressive manner and the list goes on.

(Railtrack, accessed on 15.03.206) 5. British Rail received complaints from tenants who had set up musical rehearsal studios under the railway arches between Loughborough Junction and the Elephant and Castle about the interference of from TI 21 circuits.

The legal burden or burden of proof is the obligation placed on a party to prove a fact in issue. Whether a party discharged the legal burden is a question to be determined by the tribunal of fact at the end of the trial. The burden of proof in civil cases: In civil cases, at common law, the general rule is that the legal; burden of any fact in issue is borne by the party asserting and not denying: he who asserts must prove not he who denies (Joseph Constantine Steamship line Ltd v Imperial smelting Corporation Ltd1; Re H (Minors) (Sexual Abuse: Standard of proof)2.