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The following is the advice for Klaus, Astrid, Heinrich, and Sophie with regards to their status as German nationals living in Spain within the boundaries of EU law relating to the free movement of persons as stated in Article 39EC. Klaus, as a car mechanic, when he first came to Spain, only managed to find temporary work.
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A legal system is one of the main entities of any civilized society or a country. It helps the administration in interpreting and enforcing the laws. Legal systems in different countries are different because of the differences. Major legal systems in different countries are consisting of civil law, common law and religious law.
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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.
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The stress service programs have actually been in effect for sometime, however, law officers at present consider that they are more under stress now than law enforcement personnel of ten or twenty years in the past.
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.
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This paper deems to discuss the statement: "When the Labour Government came to power 12 years ago workers had no right to minimum pay, no right to paid leave and the imbalance between work and family life meant that workers often had to choose one or the other at a cost to themselves and the economy ..... We had a mandate and a mission to change that and we did."
The goods which form the subject of a contract of sale may be either existing goods, owned or possessed by the seller, or goods to be manufactured or acquired by the seller after the making of the contract of sale. There may be a contract for the sale of goods, the acquisition of which by the seller depends upon a contingency.
When giving Bal advice, all of the above would be presented to her in order to assist her with her case. She has something to consider based on two notions; that misrepresentation, and that of contract law. With misrepresentation, it is a case because she was not sent the item she ordered, and the item did not perform properly as advertised
To comply with the SOX, ‘a company is supposed to disclose whether the audit committee of its board of directors includes at least one financial expert, and if not, why. All public companies must submit reports about their internal accounting controls' effectiveness to the Securities and Exchange Commission.
The NewsCorp Personnel Manual, which was given to Pat at the time he joined the company specifically describes a progressive disciplinary action that precedes any dismissal decision. Moreover, the procedure prescribed in the manual includes notification of deficiencies and undergoing a Corrective Action Plan.
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No one has been able to find one cause of identity theft but one thing is certain: in these current economic times people are desperate for money and are more susceptible to "Get rich quick" schemes. They are looking for ways to make extra money or to have the things they want that they are not able to afford.
The author states that difficulties can arise if the actions of the parties appear to suggest that they are still in negotiation. This can occur when a counter offer has been made by one of the parties. Traditionally the courts will only view the contract as valid when the parties have agreed on the price.
From a sociological perspective, the concept of ‘masculinity’ is applied in such a manner that its definition and significance are absolute and stable in an attempt to codify, enclose and provide a broad spectrum of the constantly evolving attitudes and behavior of ‘real men.’ In principle, masculinity is problematically unstable.
This is, at present, a very relevant subject considering that Fastserv is in the process of ending its online operations and seriously considering downsizing its employees in that operation as a consequence of that closure.
Keeping in mind the above prohibition, when we look at the given scenario, where Mr B was denied a promotion only due to his old age, his status as an employee was adversely affected. He was limited to his current position despite hardworking. Moreover, he was kept aside, in order words, segregated from the promotion.
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.
No umpiring decisions please all, and the controversial rulings given at the most crucial period of the game, have resulted in violent incidents. The target is obviously the umpire. Everything happens so suddenly, in a flash, and such incidents lead to the ruination of the careers of players. The players have to pay, in addition, huge fines.
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The focus of this analysis is to critically evaluate the current legal system applicable to youth justice in England and Wales and consider the influence of the media in shaping youth justice initiatives. The author shall primarily consider the Crime and Disorder Act 1998 and the provisions leading up to the implementation of the CJIA 2008.
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.
Throughout the sixties, to date, there have been a number of computer crimes which have been covered and with the increasing level of sophistication in both hardware and software industries, there will continue to be even more spectacular cases of computer crimes. However, one case of computer crime worth discussing is that involving Adrian Lamo.
The author of the paper states that Denning LJ’s decision in Oscar Chess v Williams was focused on the relevant criteria for determining whether a representation constituted a warranty that was enforceable under contract law. Directly related to this was the consideration of the appropriate test for determining the contractual intent of the parties.
In general, the toxic chemical waste discarded within the sea is produced from a broad series of trade and industry activities, together with chemical also pharmaceutical business, manufacture of mash with paper, moreover smelter workings. The Pollution tribulations connected with it also differ significantly.
This arises when statutes of Parliament need to be applied and such statutes may involve specific certain procedures that must be completed. In the event such procedures are not completed according to the specification in arriving at an administrative decision, this can be grounds for making an application for judicial review.
An individual who suffers a loss or damage due to the incorrect or non – implementation of EC law provisions by a Member State, can seek redressal in a domestic court against the erring Member State. In Von Colson, the notion of indirect effect was developed by the ECJ. It ensures the effectiveness and proper enforceability of Directives.
The author states that the judgment by the Court of Appeal and the consequent differing position held by Sir Gavin are just but two of the many examples through which we can enumerate the legal dilemma involved in the issue of and application of alternative dispute resolution (ADR) in a myriad of legal proceedings.
The Employment Tribunal System, with all its shortcomings, has done yeoman service to the cause of workers. For the grievance concerning a single employee, the possibility of entire workforce of an establishment going on a strike was commonplace. When such strikes happen in large organizations, productivity will suffer and the common man will be put to lots of inconveniences.
The law of contract is a branch of the legal rules that govern the conclusion of contracts and the consequences involved in such contracts. The major tenets of this law include definitions of the requirements and the basis upon which contractual liability lies. Furthermore, it stipulates the rights as well as the duties of the contracting parties.
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The author states that the strengthened position of consumers is further highlighted by the fact that the SGA definition of “business” is wide and does not require evidence of registration. Therefore if the buyer satisfies the “consumer test” and the “sale is the course of a business!”
This paper will begin with the statement that the music festival scene has been thriving in the UK and Glastonbury Festival is a prime example with attendance figures in excess of 100,000 on the seven hundred acres greenfield site. In addition to the festival goers, the event hosts approximately, 1900 toilets, 800 traders and 250 acts performing.
The paper shows that in the Kemble case, the witness was a Muslim who at the lower criminal Court had sworn on a Bible, but at the Appeals Court, swore on the Quran. This witness told the Court that he considered himself bound as deeply by the oath he had sworn on the Bible as the one he swore on the Quran.
Furthermore, the company’s cell phones are currently produced by union workers. The company might not meet their current job benefit demands and the fact that the company's labor contract and the union are up for renewal. Also, there is a plan to set up an alternative manufacturing operation in Mexico.
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The British Medical Association Ethics Guidelines also provide express guidance on the situation where people with parental responsibility disagree. The guidelines assert that discussion aimed at reaching agreement should be sought however the fundamental consideration is what is in the best interests of the child.
The law of contract stipulates three fundamental requirements for the formation of a legally enforceable contract; namely; offer, acceptance and consideration (it is important to note that the contracting parties must have legal capacity, which is presumed not to be an issue in this case).
This study highlights that the U.S. armed forces prepared for war by not only increasing the military budget, but they also put forth principles and values fundamental to the American dream to garner support for any conflict deemed a necessity. The federal government firmly believed that the U.S. military should sustain a significant presence in the Middle East.
Generally, The Directive clearly states that single parents are to be given the right to have the reasonable costs of their childcare reimbursed and the UK’s implementation of the Directive under the Act provides that employers are only required to pay nursery fees to single parents where there is a hardship.
The basic underlying issue that was raised through this case was whether Parliament was indeed sovereign, as originally proposed by Dicey. In the obiter judgment of this case when it went up to the House of Lords, several of the law Lords challenged this traditional Diceyan view of Parliamentary sovereignty.
Smith helped me to understand the distinction between the two kinds of rights that are endowed in property – rights in rem and in personam and the difference between realty and personalty. A right in personam is therefore associated with a person rather than with a tangible object and can also be called an obligation and I was also able to understand how rights in personam will not be extinguished in the absence of a res.
Whilst the sex discrimination legislation protects discrimination on grounds of sex, the SDA provisions had come under criticism for failures to address discrimination of individuals on grounds of sexual orientation, which has been undermined by the lacuna in the law. This has now been alleviated by the Employment Equality.
In considering the basis for recovery under the quantum meruit principle, Beatson argues that a fundamental justification for this is that “it is clear that a person who has rendered services requested, accepted or acquiesced in by the defendant is entitled to recompense whether or not the defendant gained from the services.
They also argue that the sentiment of humane treatment afforded animals that are terminally ill or injured and are suffering should be given to humans as well. Opponents suggest that euthanasia is a ‘slippery slope’ that would allow increasing instances of coerced suicide, family members pressuring the elderly not to postpone their demise.
The very purpose of criminal law is to punish the malicious mind and negligent conduct of perpetrators. One author states that "Criminal Law is distinguished from all other kinds of law because it carries with it the moral condemnation of all of society". It is because all crimes are considered as an injury against society.
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This research will begin with the statement that the past decade has witnessed significant transformations in the manner we, as individuals interact, conduct business, avail information, impart training and education, and develop and implement advanced technologies in activities concerning our day to day lives.
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.
This assignment will begin with the statement that Section 4 of the Human Rights Act 1998 outlines the declaration-of-incompatibility provision. S 4 grants certain courts the right to determine whether primary or subordinate laws are compatible to convention rights or not and to subsequently declare them incompatible if so found.
The author states that Bostonair and WTC Hull would have to go about this in different ways. Bostonair has the benefit of long experience and stable client relations. On the other hand, WTC Hull is only starting out. WTC Hull will have to make a greater marketing effort while keeping costs down, which may not be easy.
The NCH Committee of Enquiry into Children and Young People who Sexually Abuse Other Children discovered that advocacy for the progress of work with juvenile offenders seems to be inconsistent. Administrative and trained peer group denial of the crisis as a field for lawful professional intervention was raised as an important impediment.
The facts of the current scenario suggest that newspaper and in-store advertisement were a distinct offer to sell and unless Games For You can adduce evidence to the contrary, the offer will be binding on acceptance of the offer by customers by the stipulated method, which was a post or by coming to the store.
The House of Lords undertook a historical review of the rule regarding judgments in foreign currency and after considering the decision in the case of Schorsch Meier GmbH v Henin, in which the Court of Appeal departed from the House of Lords decision, Lord Wilberforce asserted that “to change the rule would…. Avoid injustice in the present case.
In order to advise George and Michael, it is necessary to evaluate the extent of their rights under the Human Rights Act which incorporated the ECHR into UK law. Firstly, section 2(1) of the HRA asserts that “A court or tribunal determining a question which has arisen in connection with a Convention right must take into account Convention rights”.
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From the time Australia was inhabited, minerals have become a natural part of its way of life and progress. Its first miners – the Australian aborigines, who used minerals in coloring their paintings in ancient rock, which was integral to their heritage, had in fact been mining the land for more than 40, 000 years even before the First Fleet of English colonizers landed on Sydney Harbor.