Law Essays

In Publico Ministero v Ratti [1979] ECR it was held that by virtue of Article 189 of the Treaty of Rome, regulations are capable of having the force of law in each Member State if they contain language indicating that the regulation  is ‘unconditional and sufficiently precise.’ The European Court held that Regulations and Directives are unconditional provided they were not subject to some measure of ‘judicial control.’

With the move towards harmonization of UK law with community law, consumers are provided with further protection against defective goods or goods that could cause them injury. The element of foreseeability of injury must be taken into consideration by sellers and warnings provided on products about dangers in the use of such products. Therefore, these measures are significant in ensuring the protection of the consumer.

After much soliciting, he was told that it was not a person but a policeman who got run over by a car and has been taken to the hospital. So, policemen are not even considered a person. Police should initiate to curb this mentality and create a friendly image. People hardly know about the good side of the police and care even less.

They have thus put all the women under a scenario where they could be seen as hostages. As far as incarceration and custodial measures are concerned, women have faced a number of different hardships and their problems have generally been compounded due to a host of distinct reasons.

Specific issues that arise are discrimination in terms of (a) issue of railcard (b) enrolling in the pension plan (c) fewer holidays and (d) non-payment of child support benefits for part-time work. In the case of Helga, the issue arising is whether requiring knowledge of a language is a discriminatory practice and whether her illegal claims for public support could constitute grounds for deportation.

The British system of laws has followed a different and independent course of development, and was partly influenced by the Roman Law. The English are insular people arrogantly nationalistic in spirit from very beginning of their history. Their judges and courts have always decided the cases on the basis of customs prevalent in different parts of the country. 

Accidents in the road, sea, and air are becoming common occurrences, and more so with increasing population and technological advancements in the past decade or so.  These accidents have been investigated by the National Transportation Safety Board (NTSB) in order to assess and evaluate their causes in the hope of consequently improving safety in the travel industry. 

The International Criminal Court was and still is a unique court that is treaty-oriented, independent and designed to be permanent. The founding countries intended to create a court that tackled complicated and gruesome international offenses, especially genocide, serious violations of basic human rights, war crimes, and crimes of violence. Since its enactment in 2002, the number of supportive members has decreased to 122. 

Most US states experienced a rapid rise in crime during the twentieth century. ‘The City That Became Safe: NY's Lessons for Urban Crime and its Control’ illustrates well how crime reduction was achieved during the 1990s. The book also clearly illustrates that the continued implementation of these policies will ensure the crime rates remain at minimum levels, not only in the US but in other countries as well. 

The paper will adopt a qualitative research proposal to expand and develop the ideas. The study’s design framework will be an interpretive phenomenological methodology and the basis of the study is women experiencing challenges as they try to balance working and childcare responsibilities. The research will have literature reviews that will identify and justify underpinnings in the methodological approach through critical analysis.

This comprehensive study examines why Australian women’s participation in the economy has been low compared to countries like Canada whose social and economic structure are replicated in Australia. This pinpoints the social and economic policies that are requisite to bolster the participation of Australian women in the workforce, those that have proven efficient in Canada where the difference in participation between men and women is immaterial.

A policy is a laid down rules and procedures that govern the relationship between individuals in an organization. The system enables the management of any group to be effective thus reducing unnecessary disputes in a society or a country. Therefore, the existence of the system ensures that there are efficiency and effectiveness of the operation of an organization or country.

The basic advantage of the doctrine of precedent is legal certainty and consistency in the rulings of the courts. Cases that have similar facts and invoke similar legal provisions must be decided alike. It also provides predictability of ruling, which is of great assistance to lawyers and parties to a case. The concept of precedent enhances efficiency.

It is to be noted that EU Directive 73/241/EEC dated 17th April 1996 while defining chocolate and cocoa products, no provision has been made for the use of vegetable fats to substitute cocoa butter in the manufacture of chocolates.

Whereas the hearings were on 5th and 6th. Dec 2005; the opinions were recorded on Wednesday, 8th of March, 2006; as recorded in the publications division of the UK parliament. The case pertains to the following background of the respondents, as per the court publication records of the House of Lords publication and records division.

The computerized databases should be installed that will contain all relevant details of documents gathered by the firm during the course of the years. This database will ensure fast retrieval by easily locating the exact place where a document has been warehoused, like on what shelf or in what particular box.

“Bundy had a psychology degree, he was a law student, a boy scout and a college graduate. He was reported to be sophisticated and looked like someone that was going places, even though he admitted to killing over 30 women. On January 4,1974, he killed Joanne Lenz, an 18-year-old student, in Washington” (Stewart, 2007).

Enacted in 2004, the 42nd amendment of the FLSA reclassifying and redefining the term “exempt” brought significant changes to employment practices. US Department of Labor defines five categories of exempt employees: professionals, administrators, executives, outside salespeople, and computer professionals. FLSA legislation has been characterized as controversial, particularly in higher education.

An assessment of the liability of the accessory, regarding the crime committed by the principal, can only be with relation to the assistance provided and not the actual commission of the crime by the principal. There had been an attempt to simplify the law, by clearly distinguishing betwixt the liabilities of the accessory and the principal offender.

"The real question that has to be decided," Professor Coase writes, "is should A be allowed to harm B or should B be allowed to harm A? The problem is to avoid the more serious harm." The question is which is the greater harm, and how should we avoid it? We have to consider both sides, and we should find the least costly remedy. 

Juvenile offenses have been there since time immemorial. In the eighteenth century, there was no word like juvenile offenders as children were charged as harshly as adult offenders. The trend however changed in the twentieth century internationally and the world juvenile offenders saw light. However, there are countries like Australia which had harsher juvenile offender’s charges and even now when the international age of juveniles is ten to seventeen. 

This scenario presents the question of whether the provisions of the Human Rights Act of 1998 can be invoked by Estelle and Gary to challenge the requirement of the Blueberry District Council that the convention proposed by the Children of the Forrest (COTC) group should not involve the use of alcohol or dancing, especially since these activities are vital to the core beliefs of the organization.

In conclusion, the welfare and protection of social minorities cannot be adequately examined and secured in isolation from their relationship with the larger society because the larger societies wherein these minority groups are situated not only determine the efficacy of minority rights legislation, they are also at risk should such mechanisms fail.

Drug – facilitated sexual assault involves mood-elevating drugs or ecstasy drugs, which are administered to victims, without their consent, in order to render them defenseless against sexual assault. The use of drugs in sexual assaults is not a new development. Alcohol is extensively employed to disorient a person.

In fact, legally allowing the licensed and unlicenced gun holders to enter public transportation such as the buses, trains, some of the local airport where MARTA has a station and restaurants will put Georgians at risks of becoming a victim of criminal events which involves the use of different firearms.

The collapse of Enron and Worldcom has enormously affected public confidence, especially on the stock market.  Aiming to preserve the public confidence on the stock market in the UK, the European Commission issued an Action Plan on Modernizing the Company Law and Enhancing the Corporate Governance throughout the European Union back in May 2003.

The defendant was held to be guilty since he had clearly intended to commit the offence and had carried out an act that was more than merely preparatory to the commission of the offence.  Under such circumstances, the lower degree of severity of the crime does not overshadow its authenticity or its culpability.

Burke (2005) credits the overall development and application of the idea of the rational actor model with regard to the criminal justice system to Beccaria when he says that, “It is Beccaria’s theory of criminal behavior that provides the essential foundations of the rational actor model (Burke, 2005, Pg. 24)”.

Civil rights struggles and ghetto revolts, as well as controversies over state policies of reform and repression, highlighted a period of intense conflict.” (Marubbio 2006, p. 144) The peaceful protests in 1960 and the movement for black voter registration all over the United States paved the way for a nationwide mobilization against racial inequality.

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United Kingdom v. European Parliament and Council, the UK requested the European Commission to rescind Regulation No 2065/2003 EC for the reason that the regulation deals with granting sanctions to smoke flavourings for food instead of harmonization and thus Regulation 2065/2003 EC had to be adopted under Article 308 EC and not under Article 95 EC.    

The general principle of economic loss was established in the early case of Cattle v Stockton Waterworks, where the courts held that unless accompanying physical damage could be established, it was difficult for a claimant to recover damages for pure economic loss. The general presumption against a claim for pure economic loss was also illustrated in the case of Weller v Foot and Mouth Disease Research Institute.

According to the constitutional rights with reference to India, there exists a high degree of personal liberty. The constitution also applauds the importance of the entire judicial system to individual freedom especially the right to life and personal liberty. As a result of this realm, the facet of false imprisonment can be felt.

Bella is currently employed by Jake as an apprentice and she will be leaving his employment in 3 months. Jake may wish to restrict Bella’s ability to pass on the trade secrets and work for competitors post-contract this raises the issue as to the legality of any restraint of trade clause that may be in the contract between Bella and Jake.     

After the collapse of the Soviet Union and at the turn of the century, new oil fields were discovered in the Caspian Sea near Kazakhstan.  Although an overwhelmingly positive event in a world in which petroleum seems to be in constant short supply, oil extraction and processing in the Caspian region face a plethora of obstacles.

Consider whether Parliament envisaged that the hiring of skis was a transaction that it intended to be regulated under the Act. You may conclude that it is and then you have to decide whether in fact Colonsay or Alpine is a “prescribed business”. Be aware that only one of the organizations is required to be a prescribed business.  

A tall organizational structure always experiences the great challenge of communication channels. There can be distortion in the commands and orders. A tall structured organization feels difficulty that time lag between top-level orders and reaching it to the lower-level managers may be longer and it may adversely affect the communication.

This assignment also considers the resultant legal situation, wherein one party tries to dishonor part of contractual obligation to the other, and the remedial measures that affected, or the distressed party could avail of, within the ambit of the prescribed laws and practices in the UK. Before moving into the deliberations of this specific case scenario, it is necessary to consider the structure of this case study.

The topic of the study deals with the conflict of laws between countries whose citizens have chosen to transact with each other, and in the process, a dispute has arisen which would preferably not be submitted to formal litigation.  The findings of the study are seen to be significant to businessmen and professionals in Saudi who enter into commercial transactions with foreign parties.

Power can be soft or hard. Soft power is defined as the application of cultural and ideological means by a political body like to indirectly influence the practice or behavior of other political organizations. The concept of power is explained as the ability to make others act in accordance with your wishes. Soft power involves convincing others by enticing them with ideologies and culture.

Threats to the environment are dealt with, and pariah states or terrorist organizations are checked. Europe may be the most important region in this regard, given its tremendous industrial capacity and its central role in global politics. In international relations, Japan, East Asia, and the Persian Gulf have become very important as well.

The case of Mabo v Queensland should be considered as significant regarding the acceptance of the right of property by the indigenous population. On the other hand, in common law, there is the doctrine of terra nullius. Under these terms, the land of ‘Murray Island’ in Australia could be regarded as belonged to the Crown.

State responsibility is a fundamental principle of international law based on the doctrine of state sovereignty and equality of states such that whenever one state commits an internationally unlawful act against another state, the offending state is deemed to be in breach of an international obligation with a consequent duty.

The credibility and the intelligence with which the Sherman Act was prepared over a century ago deserves accolades as it put an end to the hegemonic, monopolistic and restrictive policies of large corporations at the right time which ensured more competitiveness and better turn for the economy of the nation which turned into a superpower on this planet.

The Government has essentially outlawed polygamy by making bigamy illegal but is this something the Government should take part in? If consenting adults wish to marry one another in legal matrimony then should anyone be able to stop them? Marriage is a personal and spiritual choice and whatever choice a person decides needs to be allowed or should it?

Whilst Quark would have strong grounds to argue that a prohibition on distributing competitor products (particularly as the appointment of Protoys was on an exclusive basis) is a breach of an implied term of the contract, the problem Quark faces in enforcing this is the fact that Quark agreed to this.

The main way in which the juvenile court can be improved is to allow the segregation of only minor juvenile offenders under the juvenile court system. Were the perpetrators to be of adult age the behavior of juveniles would not be considered as legal offences, in some cases, though they may not always be acceptable to the law-enforcing authorities.

In negligence cases, it had been the practice to differentiate between injury caused to the body and psychiatric damage. All this changed with the House of Lords decision in Page v Smith, the purport of which was that an injury to the body and the related psychiatric damage were inseparable (Page v Smith, 1996).

The District Clerk would have allotted the case a Docket number, which will indicate the position of the case in the general queue of cases waiting to be heard in the Court. Hence after the response is filed, both parties may have to wait for the assigned date to arrive, when arguments are to take place.

With the rising use of forensic evidence in court, the lawyers themselves will be motivated to learn more about forensic science. This is especially true if a lawyer handles a complicated criminal case. If not because of forensic science, the truth behind the case will be a mystery and the criminal justice system will not serve its purpose.