Law Essays

This paper critically examines sovereignty and the impact of international law on sovereignty. For a long time, there has been a feeling that international law deprives countries of the freedom to carry out their activities freely. Sovereignty is a concept that has become a significant international issue and is a major cause of disagreement in international relations theory.

Though there is a will, its presence, unfortunately, does not make matters simpler for Wanda as all of the three closest intended beneficiaries (Alice’s husband, Barry, and Ian) are deceased or Missing. It is of critical importance that none of the beneficiaries is left out as doing so might make Wanda liable for payout by using her funds.

It is essential to state that еhis work deals with the medical model of drug addiction. In this regard, different stages of addiction have been analyzed. The various methods of the de-addiction process have been examined. Criticisms in the context of medically assisted withdrawal have been evaluated.

So as to achieve the goal of being a professional police service dedicated to enhancing the safety and security of the community, it is fundamental that every police officer understands and appreciates the various functions that he or she is in command of. This is particularly important when managing incidences.

Perry Daniel Noble was a 20-year-old of Aboriginal descent. He lived in the Yarrabah community, an area that had grown out of the Anglican mission that was founded in 1982, in North Queensland which is near the Cairns. The community has a total of 1400 inhabitants who are said to have their origin from the 40 different Aboriginal language groups.

When considering the countries that are linked to terrorism, the basic feature is that terror is purposefully to protect their sovereign policies.  The essay is aimed at determining the differences between terrorism and communism with more clarification on how the two entities affect the victims, communism for instance dwelling much on the causes after WWII and how it is related to the war on terrorism.

Adequacy of representation is never a requirement while clarifying a class action. The economic loss rule is a judicially created rule that requires that the claims for economic loss must be brought in tort not contract, as there is no adequate rationale or theoretical explaining that non-user and non-consumers have to be denied recovery against the manufacturer of the defective product.

According to Mason CJ and Wilson J, Promissory estoppel can be looked at as a sword, not just as a "shield" which was verified in the case of Waltons Stores Ltd v. Maher (1988) 164 CLR 387, the two held that if estoppel is verified, it ascends to justice which favors the plaintiff, with the court doing minimum justice depending on the circumstances

The development of legal and moral principles emerged well before the technological advances we have seen emerge in modern medicine. Yet, these moral, social, and legal values are the driving forces that govern medical values and clinical judgment. As is evident in case law, these no longer coincide.

The number of civil disputes being resolved in the judicial decision is reducing due to the application of various methods of dispute resolution including those that have led to litigation. As a result, it is the policy of the government to improve ADRs in order to facilitate earlier as well as greater use of them.

Expectancy cannot be given any consideration in a trust. A trust is only created based on the property that is existing. In the case of Re Ellenborough (1903) 1 Ch 697, HC, a decision was made stating that the creation of a trust cannot be done concerning expectancy or even future property; like in an anticipated interest.

Regarding the second question which stated that if the relevant legislation purport to authorize the detention of Mr Al-Kateb, was it invalid because it did not comply with the legislative power or requirements of the Commonwealth? The majority concluded that the relevant legal requirements were under the legislative power of the Commonwealth.

According to the Report of the Commission on Intellectual Property Rights, we are still a long way from achieving the goal of utilising intellectual property laws to assist global reduction in poverty, fight disease, improve maternal and child care and promote access to education as well as contribute to the sustainable development of developing nations.

According to Defining Small Business (2012), the company is governed by the Australian Securities and Investment Commission (ASIC), the regulatory body that protects consumers as well as businesses to ensure the companies operate by the law, report their activities and maintain the proper records.

The enforcement of Intellectual property law in Australia is the role of the Attorney General’s Department which provides advice to the Attorney General on issues of copyright law. The Ministry of Tourism, Industry and Resources is also charged with the responsibility of industrial property law to protect the people of Australia from any external harm.

Lastly, the reason why the precedent does not hold any weight in China is because of the questionable competencies of the Chinese judges. The Chinese government has, in the past, tried to improve the judicial system. This is because the training system of judges in China is below the required standard as compared to Western countries.

If a part of a literary work is reproduced yet the original work lacks any originality will not be deemed to have fulfilled the requirement of substantiality as set out in the Copyright Act and hence will not be actionable. If the work forms a material or important part of the plaintiff’s work they may claim infringement.

Cargo being transported on the high seas is exposed to a number of risks and liabilities. The contract of sale of goods and contract of carriage stipulate the terms that transfer the risk for the goods to various parties. Depending on the agreement, the risk for the loss or damage of the goods rests with the seller, buyer, or carrier of the shipment across the high seas.

The federal constitution dictates the creation of the institutions of the state government. The federal constitution does not establish an absolute autonomy for the state to act autonomously. As a result, an obvious framework for the excise of the state powers lacks, leading to a scenario whereby the central government dominates nearly all the state’s aspects.

Florencia 13 was initially based in Los Aztecas but is presently a powerful paramilitary force operating on both sides of the US and Mexico border and the majority of its members comprise immigrants detained in Texas prisons. The gang works with other Mexican cartels to smuggle illegal aliens, weapons, and drugs as well as to murder officials of the consulate.

The arrest rates for the Aborigines were 10 times more compared to that of the non-Aboriginal Australians. At the same time, rates for adult imprisonment were 26 times more compared to that of non-Aboriginal Australians. The juvenile detention rate was also 30 times more than that of non-Aboriginal Australians.

Lay magistrates also appear to be somewhat more gullible as compared to their more experienced and legally qualified colleagues who are regular magistrates, because they tend to believe the police readily, thereby creating a prosecution bias which is not helpful in achieving true justice for the defendants in some cases.

Terrorism can destruct world peace and it will lead to devastating consequences like the loss of life and property on a large scale. Terrorism is a threat that continues day by day if effective remedial measures are not being taken adequately. Where there is the menace of terrorism, all-round development, utilization of resources to the fullest level, etc. 

Society certainly has to give them a chance by trying its best in providing the necessary programs. If that fails, then the adult system needs to take over. Meanwhile, the juvenile justice system serves a major purpose in juvenile delinquents. Rather than elimination and reintegration into the adult criminal justice system, an overhaul.

There are several kinds of crimes that are to be tackled by the criminal justice systems. Illegal or criminal actions can be categorized as aggressive, violent, non-violent, hate crimes, etc. Similarly, criminologists have classified deviant and criminal actions as natural and legal crimes.

Both legal and religious customs have enabled the support of corporal punishment both at home and in school universally (Flynn, 1994, 314).  However, there has been a growing trend over the last several years in which the value of corporal punishment of children is challenged (Flynn, 1994, 314). The debate over the value of corporal punishment for children is unrelenting.  

Thanks to the change agents like that of information technology, communication process and globalization, the tricks and the trades of the business and the industry are fast changing. The objective and the importance of law or the legal framework in any country is to control the behaviour of the citizens so that they do not commit any harm towards the nation or towards the fellow citizens.

Forensic illicit drug examinations do have some flaws that need to be addressed, and certain aspects of this element need to be worked out; on the other hand, this element of forensics has been extremely helpful in solving a number of crimes and helping the wrongfully accused to prove their innocence.

There is a direct co-relation between society, money and crime and white-collar crimes or corporate crimes are not beyond that paradigm of co-relation. Blue Collar criminals are generally poor, and their criminal motive evolves from various structural factors such as association or psychological limitation.

The presumption of negligence is attached to the employer. “The burden then passes to the defendant” employer “to show that it was not reasonably practicable to do more than was in fact done to satisfy the duty” (Hitchcock). It has made it “more difficult to defend proceedings for breach” of general duty under the HSWA.

This is the analysis created by Nedrick: ‘thus if a defendant who knowingly caused a certain result seeks exculpation, this may only be found if one of the defences to criminal liability can be invoked’ (Simester & Smith 1996, 177). The notion of intention has no critical component. Therefore, it is more limited, practically speaking, than notions of recklessness: an action is not reckless if it is considered socially acceptable (Robinson 1997).

In this case, it was ruled those police officers should have enough evidence of the criminal activity and further ensure that it is legally obtained. For example, in 1991, a black man, Rodney King, was caught on a videotape being beaten with nightsticks by LAPD and was shocked with electric stun guns twice, punched and kicked.

Some of the crimes which make the offender eligible for registration are: rape, assault to commit rape, lewd behaviour with a child under 16 years of age, sexual molestation of a less than 18 child, statutory rape, and even possession of child pornography (IPS, 2009, 1)

With allusion to its previous act, it is also known as the New Poor Law. An investigation was made by 4 people including Edwin Chadwick, George Nicholls, John Bird Sumner, and Nassau William Senior. This Amendment act was introduced two years after the Reform act of 1832 which had extended its exemption to the middle-classes.

The essay has demonstrated that within this context, the document demonstrates a three-part structure, with the rhetorical implementation of both pathos and logos. Ultimately, it seems that Jefferson is not merely content in stating his reasons for this independence, but also recognizes the dire need for inspiring a populace to take this tumultuous step.

Juvenile and Adult Justice System stand on different grounds but they do share some features as well. Every country or state has their own justice system and the terms differ accordingly, whether it is juvenile justice system or an adult justice system (Office of Juvenile Justice and Delinquency Prevention, 1999). However some practices are universal and almost every country abides by them.

Media plays a role of being a sword that can hurt or benefit either the defendant or the victim or it can benefit both at the same time or impact negatively. Victim’s counsellor should understand the weaknesses and the strengths of the media in order to help the victims understand the importance of using media in the criminal trial. 

The American population should be educated on also to what extent do corporate with the law enforcers with regards to the grounds which they are classified as suspicious, and not getting physically involved with the police officers to prevent them from being frisked which may lead to to further charges.

Society’s ways of dealing with youthful crime paradigmatically changed from the medieval times when children would be hanged for as little as stealing bread even when they were starving. Conversely, the welfare and justice system today tries to consider the child’s situations and base its actions based on their best interest.

The speed limit sees them undergo torture just to get to their destination in good time by setting out on their trips and journeys early, where they spend a great deal of time on the road. This is not true as the speed limit exists for the purpose of preserving order and peace on the road, as well as preserving the lives of all road users, where errant drivers are also included.

Private organizations even want to ensure that they are located in areas where crime rates are quite low. This is because these organizations want to save themselves from being victims of criminal activities such as theft. They even want to make sure that the areas they are locating in are quite safe so the customers do not feel insecure.

It can be said that for the first time, states were required “to respect the rights guaranteed under the Constitution” through the fourteenth amendment. From this, it is clear that the fourteenth amendment caused a shift in the balance of power, which at the time, lied on the states and moved it to the national government.

The most prudent thing to do in such a case is to ban the media from highlighting an issue pending the outcome of a case. This would serve to limit the influence of media reports on decisions by jury members. However, there is no basis in law for the application of gag orders for media personalities and media houses.

After that, the researcher’s best judgment of the results will be used for the conclusion. The flaw of this reasoning is that the judgment of the researcher may be prone to error. However, using both the inductive and deductive gives a stronger argument for making a conclusion. It can be said that this kind of reasoning is flexible.

Opponents of the three-strikes laws believe that the appetite for conducting offense and violence reduces as an offender age, so it is financially burdensome to keep them imprisoned for decades; “The twentysomethings with a seemingly insatiable appetite for violence become forty-, fifty- or sixtysomethings.

In addition to this, the brain's development in adolescence influences teenagers’ ability to drive properly. In particular, following the research published by the National Institute of Mental Health, it is the spread of white matter in the brain, which is the process that allows brain cells to communicate effectively.

In 2014 (8th December), an oral argument was heard by the United States’ Supreme Court in the case of the Department of Transportation versus the Association of American Railroads. The standoff in question required a determination as to whether indeed legislative power could be delegated to the Amtrak (a putative private player).

Mr. Allan Smith of D & A Builders has submitted an “interim”  bill to KNW Ltd. as represented by its Director, Mr. Dan Maxwell of £218,000 representing the contract price for the construction housing units for KNW Ltd. and further detailed below - Completion of one (1) unit 3-bedroom detached housing at £95,000, Partial payment for (1) unit 3-bedroom detached housing.

Generally speaking, it is essential to state that the Parliament of Queensland enacts the Dangerous Prisoners (Sexual Offenders) Act 2003 which permits convicted criminals to be detained in prison beyond their scheduled release date. This Act is assented to 6 June 2003 and commenced on the same date.

Relationships that exist between an insurer and the insured are primarily contractual relationships. The insurance contract is entered into on the premise of speculation. The insurer agrees to pay the insured, an agreed sum of money or its equivalent on the happening of an uncertain event, for the consideration of payable sums known as premiums.