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In days of yore, the owners of the intellectual property were exposed to grave risks regarding their materials as there were no laws governing the unauthorized access of one’s work. When the printing press was introduced in the British domain in 1476 there were no legal practices that would protect the rights of the printing industry.
The courts are likely to take the view that Jim was reckless in his actions, and that he ought to have been aware that such actions could lead to the death of the shoppers as well as the death of Sam. Given that Jim placed the bomb with the intention of causing an explosion, he ought to have realized that the explosion might cause serious harm.
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Commission’s main role in sports in Europe is to consult with organizations across the region to plan for sports development and to identify problems associated with sports and that only in extreme cases wherein the Commission would enact legislation that would directly impact sports. (Honeybourne, Hill and Moors 2004, p177)
It has been argued that a new language is emerging in the penology sector. This new language does not rely on the conventional concerns of criminology and criminal justice focusing on the individual. In contrast, it considers the actuarial aggregates. Consequently, a new type of criminology is emerging to replace the one we have today.
When the house was first purchased, it was purchased for only 60% of what is was worth by Wendy, Arnold, and Bill. Due to the inability of Wendy and Arnold to get a loan, Wendy’s younger brother Bill was willing to be added to the purchase of the house. Being that Bill, Wendy and Arnold are all named on the loan, they are also all three named on the deed to the house.
Chamberlain trial and conviction is arguably the most famous criminal case in Australia. Nine-week-old baby, Azaria, belonging to Chamberlain mysterious disappeared in the course of a family camping escapade to Uluru in 1980 September. The child’s parents stated that a dingo had taken their daughter to her court while she slept in the tent.
The aspects of the paper are focused on are the possible defense strategies and lastly how the defendants will try to prosecution may claim legal rights. The information is intended to supplement findings of other quantities analysis of this case study and to provide guidance to the authorities and affected victims.
The primary aim of any criminal justice system is to foster confidence in the democratic process. The appearance of justice is very important to the integrity of criminal justice and it goes to the heart of confidence and trust. The system of jury trials has vested some measure of responsibility for accountability in the average citizen.
The author of the following paper gives detailed information about Dave and Susie who have not entered into any written partnership agreement, but when an association of two or more individuals if formed to carry on a business for profit, then it is not necessary that such an association must be evidenced in writing.
It is quite essential to state that employment contracts are agreements between employees and employers. Both the employee as well as the employer is bestowed with some rights and duties, in this process; and these rights and duties are considered to be the terms and clauses of the contractual agreement.
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Normally, everybody would like to lead a long, peaceful and fulfilling life and then exit the earth in dignity and honor. It is also generally accepted that a person, provided he/she lives within the laws of the land, ought to be granted the right to self-determination as far as their idea of a self-fulfilling lifestyle is concerned.
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Multi-agency working is faced with several challenges, which reflect the complexities involved by professionals who engage in joint ventures. The major challenges are lack of equitable funding and resources, the ambiguity of responsibilities and roles, communication difficulties, and cultural differences. Reinforcement of working relationships is core to successful multi-agency working.
It is not always easy to determine when a software creator’s rights have been infringed upon if there are no mechanisms put in place to monitor the product’s uniqueness. And the US Copyright Act protects the creator’s rights to a broad perspective without actually extrapolating the possibilities of modernized techniques to steal a creator’s idea.
Generally, in Australia, with all the serious efforts made since 1995, if one looks at the grass-root level reality, the results are not as encouraging as they should be. Unfortunately, crime prevention today has turned out to be more a topic of platform oratory in conventions and seminars than reality.
It is quite essential to note that the strict interpretation of contractual obligations between parties and the doctrine of Privity of contract, coupled with the lack of provision under common law for the separation of legal and beneficial interests have been directly responsible for the evolution of trusts.
First, Fred Flintstone must notify the Migration Agents Registration Authority (MARA) that he has already begun the business of taking a client on a for-profit basis for migration assistance within 14 days after he has entered into an agreement with Joanne Rubble to assist her in her application to convert her visitor visa to visa 457.
In short, the U.S. Supreme Court in the 1970s, has successfully handled the gender-based cases more effectively without any discrimination and the verdicts given by the Supreme Court during this period has rejuvenated the feminist movements and the females became more conscious about the discriminations they were facing till that time.
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It is really important to note that his paper is not advocating a revision of what the English commercial law stands for. Instead, it is for the refinement or updating of the code. Today, exclusive dependence on national law no longer serves the best interest of the international business community always.
It is necessary to examine how confession evidence can be used, as well as examining case law were this was allowed or disallowed. It is also necessary to consider cases in which entrapment has been averred, and examine the decisions of the courts in these cases in order to determine the circumstances in which the courts have either accepted.
Hegel was largely ignored or criticized by U.S. legal scholars for two centuries; it was in the 1950s, which brought a new interest in his ideas that have prospered in the former decades. His works are seen by scholars and examined for their views on liberalism and the concepts of freedom and responsibility.
It has only enshrined certain inhibitions with regard to the lack of ability on the part of directors or other individuals which includes the solicitors as well to vindicate themselves from any obligation with regard to contracts signed on behalf of the company at its pre-incorporation stage. It is unexpected that the resultant 2006 act also failed to address this area amply.
National courts generally interpret and apply international treaties, customary international law, and principles of international law. International tribunals in turn attempt to fill gaps in customary international law by reference to national case law and codes. This means that international tribunals identify prevailing state practices.
It should be decided who should be possessing guns and under what circumstances. However, every human being has a fundamental right which allows him to live life in the way he wants as long as he does not interfere with other people’s rights. Many people feel that keeping a gun at home is important as it ensures personal security.
it is beyond doubt that it is not entirely possible to unearth and measure all fraudulent activities. One main reason for this is that fraud is a matter of ethics, which depends of several variables bordering personal commitments. Also, there reaches a level at which huge investments to contain fraud and corruption bear little rates of returns.
In that letter, he had offered to pay £25, 000 for the shop, stock, and goodwill. This letter constitutes a counteroffer and not a letter of acceptance, in respect to Johan’s offer to sell his company. In order to be valid, and acceptance should be unconditional and definite. Since these requirements are lacking, Rohit has made a counteroffer.
Constitution states, “A well-regulated Militia, being necessary to the security of a Free State, the right of the people to keep and bear Arms, shall not be infringed” (“The Constitution”, 2006). This, they argue, as were all of the first ten amendments to the Constitution, was added by the Founding Fathers so as to provide a more clear definition of the specific rights guaranteed to Americans.
Therefore, a set of laws was formed as part of international law to protects the rights of people and minimize the effect of war and arms (Meron, 1989). Thus League of Nations was replaced by the charter of the United Nations that developed a universal declaration of human rights and international humanitarian law.
It is the author’s contention that, given the weight of evidence, one result of regular application of the death penalty is a reduction in those species of homicides (e.g., felony murder) for which it is an available punishment.
In McGrath v Trintech, the plaintiff claimed damages for injuries caused to his person, as a result of occupational stress. However, the court turned down his petition stating that the Safety, Health & Welfare at Work Act only covers psychiatric health and psychological injuries (McGrath v. Trintech, 2004).
Instead of the barbaric practice of execution, which diminishes our culture, life sentencing not only preserves our humanity and moral sense but as a practical measure allows for correction of unjust sentencing in case of innocence, and provide guilty parties with an opportunity for personal redemption.
The land is therefore protected against three possible types of interests i.e protection of land per se; protection of the use of land; protection of enjoyment of land. Though the last two are distinct rights, they are inter-related and they can be violated at the same time as in the case Dodds Properties wherein interruption to use of.
Seventh Principle of the Data Protection Act mandates that diligent implementation of both technical and procedural protection should be undertaken by parties entrusted to keep such information. Protection that would include appropriate measures against loss, destruction or damage should be included (Data Protection Act, 1998).
Under the International labor organization (ILO) Maritime Labor Convention that was held in 2006, the ILO secured various social welfare support benefits for the seafarers, which included decent pay and decent conditions of work, medical covers as well as accommodation and paid annual leaves (Zacharias, 2014:5).
The archaic application of the term ‘unlawful sexual intercourse’ was discriminatory in nature and encapsulated a rather sexist view of the female’s role in society. For example, a husband could not have unlawful intercourse with his wife. In other words, a woman was not at liberty to refuse to consent to sexual intercourse with her husband and could not legitimately substantiate a claim of rape.
There are however occasions when this burden of proof can be reversed thereby placing the onus on the defendant to prove their innocence. It has been argued that this reversed burden creates unfairness in the criminal justice system as the defendant lacks the resources available to the prosecution for testing evidential findings.
In order for the theory to work and the crime levels to drop there has to be an examination of each offender as an individual so that it can be determined why they have chosen a life of crime and also to establish whether there is anything that could have been done to have prevented them from becoming involved with crime.
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Generally speaking, the proposal of the dissertation only touches the areas that are to be discussed in a broad spectrum in the final paper. The proposal encapsulates the succinct view of the differences that the traditional English laws have with the much-debated Regulations 44/2001 of the European Union.
Germany’s only hope of succeeding will come from an argument that the Directive is harmful to the public health policy, public morals or security or public policy of Germany in general. It is difficult to see how such an argument will succeed in light of the fact the EU is seeking to promote public health and reducing obesity among the youth is hardly a case for concerns about public morals.
This problem is concerned with the contracts under the Sale of Goods Act, the Supply of Goods and Services Act 1982, the doctrine of frustration and exclusion clauses. A contract for the sale and services of goods is governed by the Sale of Goods Act 1979 (As amended by the Sale and Supply of Goods Act 1994 ).
According to another view, the Statute Law has its routes to the Magna Carta (1225 in the reign of Henry III), and a large volume is now added every year’ (Geldart, 1995, 2). However, Common Law still remains the basic ‘tool’ for the formulation of the judicial view. In this context, it is stated that ‘no statute, yet prescribes in general terms".
In general, “everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief and freedom, either alone or in community with others and in public or private, to manifest his religion or belief, in worship, teaching, practice and observance.”
In an era of technology, the availability of the Internet gives rise to legal issues that are related to the free propagation of material over the electronic waves. In particular, some of the issues that arise are obscenity, defamation, freedom of expression, privacy and copyright. These issues are discussed further below.
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Police officers are a vital unit in society. The officers have a mandate of protecting society as well as maintaining stability and peace within the community. However, it is heartbreaking to realize that police departments are majorly paying attention to law enforcement, issuing citations and making arrests (Balko, 2013).
Both intention and recklessness can be used to substantiate the existence of men's rea. The definition and application of the doctrine of recklessness have developed into a confusing and contradictory exercise and the recent House of Lords decision in R v Gemmell and Richards was an attempt to remove the previous confusions and contradictions.
African-American involvement in crime is truly an example of reinforcing causality, where race plays an important factor, in addition to economics and social factors. However, it is not simply that race causes these adverse effects, for these adverse effects also cause racial profiling and discrimination.
In general, communitarianism, which became known in the eighties, underscores the need to balance individual rights and interests with that of the community as a whole and argues that individual citizens are shaped by the cultures and values of their communities (Encyclopedia Britannica Online 2010).
Product liability is the liability of a manufacturer for marketing a defective product to the consumer. In the US, product liability claims are under the jurisdiction of state law. Each state has a set of commercial statutes based on the Uniform Commercial Code. It has warranty rules governing product liability.
In 1990 Larrikin Music purchased the copyright of Kookaburra from the Public trustee of South Australia following the 1988 death of Sinclair. According to reports by the media, Larrikin Music paid a good amount for the ownership of the song, this explains why they suggested the EMI should compensate them a royalty of 40-60%.
Firm evidence of negligence and lack of care on the part of the occupiers need to be proved. Even in the case of fatal accidents that occur due to unprecedented circumstances, occupiers can be free from liability if they have issued a prior notice to the public regarding the dangers of the sport and the applicants are aware of contents of such notices.
The paper explores the complex social problems and how they inform theory and practice; concepts and theoretical approaches in criminology; philosophical and political values guiding agencies responding to crime and deviance, and the social and political processes of criminalization and victimization.