Law Essays

It can also be the absence of certain types of relationships among people creating a state of disunity and disharmony. As a result, of the widespread occurrence of social disorganization, this paper seeks to highlight the issues surrounding it especially in relation to organized crime and corrupt, political machines.

This behavior is attributed to illegal migration and increasing demand for trade in human beings. Further, increase in poverty has immensely contributed to this heinous crime in that people risk everything by leaving their families and nations in search of better lives (Film Media Group, 2006).

The public servants can be sued in the courts of law for giving wrongful information and causing suffering and distress to their clients. However they receive protection from the law when carrying out constitutional duties such as protecting the children (Fortin.et.al.

The focus of this law primarily lies on the companies, but still it has coverage over various other business entities like the partnership and other schemes involving investment. This law is considered as the principle legislative mechanism that regulates all the companies running in Australia.

The ‘European Court of Justice (ECJ)’ has created certain guidelines for those members of community who are disobeying the EU law. Contextually, state liability emerges from the aspect that the EU Member States that are bound by the treaties are accountable for the development regarding the execution as well as enforcement of European Union (EU) law.

The fact remains, in an era where a litany of other government programs have been cut to the bone, workers reduced, and services drastically cut, the Department of Homeland Security still operates in what can be considered a type of budgetary bubble; seemingly inoculated against the budgetary crisis taking place around it (Jones, 2004). One need look no further than the seemingly ever increasing nature of the annual budgets within which DHS must manage its mandates to see evidence of this.

The number of ratifying countries is still low and one would question the reason for the reluctance; it is worth noting that most of the powerful nations, such as the US, UK, and Japan have not attempted to approve it.

In the United States, some suspects have been detained to prevent them from carrying out their terrorist activities and this raises questions as to whether they should be tried in federal courts or military tribunals. Given the complexity of the international terrorism, the government should take a multifaceted approach to deal with terrorism threat and therefore, the government should require flexibility and creativity.

Murders involving the use of rifles in the USA are numerous on a yearly basis and have witnessed the assassinations of high-profile personalities from concealed locations.All gun- related deaths in the United States through suicides account for two-thirds. It is estimated that more than 31,000 people in the USA die yearly from gunshot wounds.

In order to achieve this objective the government employs various legislations that are meant to protect these rights. In the United States, these legislations are covered in trademark federal patents, and copyrights. Each of these provisions has a unique significance and implication to the country1.

The Castle doctrine laws have been in existence for thousand s of years and are still applied in some places to this day. The United States is an example of a nation that supported the statute, until recently when the move to abolish it came up. This paper gives a description of the Castle Doctrine, its origin, and the conditions in the statute.

Under the provisions of Section 1 (1) 1988 CPDA, a copyright must satisfy certain requirements which is fixation and originality which refers to the quality of the work (Levitt 2005, p.45). Following the presentation of the case between Dicky, Smythe and Dickinson, and Reginald, several issues must be established before looking into the aspect of copyright between Dicky and Smythe and Dickinson, his employer business premises.

Similarly, at the same time and in the same conditions of conducting business in the international market, there exist serious obstacles which include bribery and corruption in relation to transactions in international businesses. Whereby, corruption is the use of public office for private gain while the broad approach contains abuse of not only public office but private or commercial one too (Rand 2000).

constitution. The power of jury nullification predates the Constitution and avail a system of checks and balances, as the people’s last safeguard against unjust law and tyranny. The jury plays the role of evaluating evidence, determining how reliable is the evidence presented and deciding what to believe.

By asking whether the aliens “… know they weren't in Mexico anymore?", (Boyle 286), the author literally paints a bleak eventuality that could dawn on them in the hands of the white harsh locals (286-287). Their likely exposure would work against them, leaving them with no any other option other than working under poor conditions or facing unceremonious repatriation back to Mexico.

Though the proof the eyewitness presents can be supportive in mounting leads, spotting criminals, and acquit the not guilty, this proof is not flawless. Even candid and well-intentioned witnesses can create mistake, such as naming the wrong individual or failing to recognize the executor of a crime.

Legal provisions on divorce in England and Wales form part of a larger group of family laws including legal provisions on adoption, wardship, parental responsibility, and child abduction (Manning & Cohen, 2012). All family laws, including divorce are heard in both county courts and magistrates courts (Family Proceedings Courts) which are regulated with codes of Family Procedure Rules.

In law, negligent misstatement refers to a situation in which a professional represents a fact in a careless manner resulting to another party being disadvantaged because of that misstatement. In order to claim damages because of negligent misstatement by a professional, there must be a special relationship between the parties involved.

Managerial accountability is the same, however, due to two things – either managers are not accountable to shareholders, because there basically aren’t any shareholders, as is the case in developing countries; or managers are not accountable to shareholders because of shareholder apathy.

The discussion seeks to answer the question: Have international treaties such as UNCLOS and MARPOL, region conventions such as OSPAR, applicable EU Directives and UK national legislation led to “over-regulation” and possibly confusion (at both government/operator levels) in environmental protection, control and monitoring in the UK offshore oil and gas industry?

According to the paper, compensation for the namesake was dispersed only after 28 years from the date of occurrence of this tragedy. Delayed justice is just like denial of justice. The victims of this tragedy were not only got delayed justice but also inadequate amount as compensation.

Work Related Legal/Ethical. This paper discusses ethical issues of doing business. Whenever engaged in any kind of business, there is the need to adopt all ethical issues which ensure that the business will be able to realize its goals. Ethical responsibility improves operations of businesses hence making partnering much convenient for businesses reading from the same script.

The Nationality Act 1948 determines the status of UK people and the citizenship of subjugated colonies. However, until the early 1960s the citizens of the British had the right to enter and live in the United Kingdom at any time1. However, during the years 1962 and 1971, the immigration from commonwealth countries was immense specifically from Asia and Africa.

197 (1993). The wrong must result in some sort of injury that is compensable by monetary damages. Some of these include: loss of earnings capacity, pain and suffering, and reasonable medical expenses. (Cornell University School of Law, Legal Information Institute).

Preliminary Reference Procedure First of all, you need to know that the European Court of Justice (ECJ) was set up with an aim to bring equal application and interpretation of the EU laws in every Member State in the union for disputes of similar nature.

45, lines 22–25; p. 46, lines 1–3). At this instant, the vehicle was ceased, making the defendant to suffer the first jeopardy. In law application, there would be suspicion of the vehicle, since the place of operation that the document specified differed.

Stevenson 4 Rylands vs. Fletcher (1868) 5 Ben, Mark, Peter and Amy Case Study 5 M. Shanley “Comparative negligence and jury behavior” New York: Rand Corp. 7 Negligent Hiring 8 M. Schneier & American Bar Association. “Construction accident law: A comprehensive guide to legal liability and insurance claim.” Boston: American Bar Association 8 Negligent Supervision 10 References 12 C.

The Human Rights Act contains rights taken from the European Convention on Human Rights. The Human Rights Act made a fundamental change in the protection of rights. This is seen whereby the act has enabled people who feel that their rights have been infringed upon to file such a claim in the courts or a tribunal.

For a long time people have ignored the ecological economy giving attention on real property ownership without taking into consideration that human survival on earth requires a suitable environment (Cortesi 12). The environment is enormously huge complex of living state with independent and interlinked parts.

The jury is expected to ascertain the credibility and sufficiency of the evidence presented to them and pronounces guilt or innocence to a party, after which they deliver their judgment. In jury selection in contemporary times, the jury is selected from local people in the community by utilization of various methodologies.

So is there a Quaker law? Yes. To support this answer I will have to put to light what Quakerism is, who Quakers are, and what is law, if the rationale behind law supports Quakerism ways of living as law. In addition, I will highlight what is documented by scholars about Quakerism.

They are simply weak customers who are taken advantage by business entities like Sun Searchers. Like most organizations, Sunsearcher took advantage of the unequal bargaining power and as a corporate entity to exploit Julia and Dave. They shirk liabilities, by excluding or limit her liability in the event of a breach of contract.

The specific strategies adopted by certain employers seem to have interfered with the religious sentiments of some of the employees. In such cases, there has been a dispute between the two parties regarding the imposition of these employment policies. This paper has tried to handle the sensitive issue of religious discrimination in the light of the related legislation in this area.

The five key and most essential elements of a contract are as follows: Offer Each contract is created between two or additional individuals called parties, one party is referred to as offeror and the other one is recognized as offeree. Offeror is the individual or party that makes the first offer.

In this scenario, TGL should deal with Tourist Drivers Limited as if it were dealing with the government of Languada. Generally, Arbitration Act gives the parties latitude to decide how their disputes should be solved.2 It shall be essential for Toop Gearbox Limited (TGL), to ensure that certain provisions are incorporated in the arbitration clause.

v Wise, 221 F.3d 140 (5th Cir.200), 2000). Abstract Crimes against the public may have various manifestations. There are some acts that some members of the public get involved in which qualify to be crimes. Sometimes this happens without their knowledge as they bid to have their grievances addressed.

What are ‘political trials’ and what can they tell us about the relationship between law and politics? Simply defined, a political trial is any legal proceedings held in a court of law, which addresses political issues. The use of political officials in these trials is a crucial characteristic which differentiates them from normal court proceedings (Becker 1971, p.45).

The petitioner (Mrs Catherine McColl) applied to interdict and restrain Strathclyde Regional Council from executing its decision. Mrs McColl’s submission detailed that fluoridation is unsafe, ineffective, and illegal. The Council held that fluoridating water supplies will aid in reducing dental decay.

Although the story dates back to the 1930’s, yet it is read with just as much curiosity and interest today as it was back then. Robin Hood had a band of Merry Men with whom, he conducted robberies to take money from the rich and give it to the needy. Along with being a robber with a gang, Robin Hood wooed Marian, the maid.

Before the children rights were established, children were charged in court as adults and were also imprisoned in the adult’s jails. However, this has changed in many countries since minors or juveniles are treated in a different manner from adults. In addition to this, many reforms took place in law including the establishment of different courts for juveniles different from those where adults were charged to.

The FISA legislation came as the result of the Congress’s investigations into Federal surveillance activities that were conducted in the name of national security. Through the FISA, Congress sought to provide judicial and congressional oversight of foreign intelligence surveillance activities but also maintaining the secrecy and confidentiality of procedures when dealing with matters of National security.  Many amendments have been made to the Act over the years but the crux of it remains the prescription of procedures for collection of foreign intelligence information through physical (use of pen registers, trap and trace devices and physical searches and business records) or electronic

Adaptive Change in Law Enforcement Supervision. Heifetz defined adaptive change as a non-technical circumstance or activity that requires flexible thinking in order to manage the change. Adaptive change involves challenges when there are no simplistic solutions and when the organization must develop new strategies and different collective perspectives to promote positive changes.

Tort law covers most of civil lawsuits. The law is usually split into three basic categories. Negligent torts refer to harm and injury caused to people when the torfesor fails to exercise the level of care expected of them. Such negligent torts include accidents.

The scope and the breadth of national and state laws overlap, but mostly, the court system exist completely independent of each other. Each state government is authorized to create its own local regulations for residents. Federal courts hear civil and criminal cases that involve federal and constitutional law, special subject matters like federal tax or bankruptcy.

The judicial branch interprets and enforces the law in a fair and impartial approach allowing the administration of justice (Zelden, 2007). This branch comprises of judges who perform their tasks independently without interference from other branches. Unlike the president, judges are appointed.

Issues concerning immigration continue to be at the center of a great deal of ethical, social, and political debate. The United States is not the only country that struggles with the finding of the best possible policies to be applied to the immigrant populations within the country.

2. Why do criminal cases reach trial much more rapidly? Should there be such a dichotomy? 3. What roles do lawyers play in these delays? Is this right? Summary 1. Civil cases take so long to get to trial because of the procedure and components of the discovery and pleading process.

In addition, a variety of services such as housing, insurance, banking, finance, and entertainment have also found their way into the market. Apart from these developments, the world of business has seen the emergence of traders and manufacturers with sufficient information on markets.

The act also restricts use of funds available through library services and technology act. The restrictions are composed of internet safety policies and technology. It blocks or filters certain offensive material, content over the internet on school and library computers.

Once the offeree accepts the offer, a binding agreement is created. The concept of distance contracts has been a major contentious issue in the formation law of contract as it provokes critical issues concerning the type of rules that should govern the timing of contract (Macintyre 2009).