Law Essays

In the event of such cases, the leaned judges would take cognisance of the circumstances surrounding the cases and the question of carrying of equity, justice and fair judgement. The decisions would be bedrocked on the fact that the aggrieved party needs to be put back into a situation had the event not occurred, or the undue benefit derived by the other party set right according to provisions of existing laws.

By contrast, there has been a slight response to the admittance previously by the office of the Minister for children that for about over three hundred alienated children looking for asylum have gone missing since 2001 and that an amount of vast centers foundations selected to accommodate for these children who have been in service unlawfully.

Geoff Daniels, in protest against the visit of the Zimbabwean government delegation to GDXS plc. The party plans to utilise this opportunity to publicly undermine the workings of the Zimbabwean government and voice the ideologies of the Party. Under the provisions of Section 14, the chief officer is at liberty to impose certain conditionalities on a public assembly, if it is deemed necessary to do so, in the interests of public order and to reduce risk of damage to property and the lives of the commuters, due to the public assembly.

The person who sustains injury is the plaintiff. The other party who has caused harm to the claimant is the defendant or the tortfeasor (HARLOW, 2005). The law of tort can be distinguished from other forms of laws. This is where it is derived from a combination of legislative enactments and a combination of common law principles.

Principles: A notice refers to a legal concept that is intended at making a part to be aware of the legal process that have effects on their rights, duties and obligations. Some are usually placed in public places whereby they are used to guide or warn the public about what they should or should not do.

Commerce has always been a backbone of the economic systems throughout history. But with today’s fast-paced and changing business environment, legislators saw the need to codify these rules, to better provide a more stable legal basis in terms of dealing with commercial entities in other jurisdictions. 

Freedom of the Seas during peacetime is open to all the nations and this has no connection with the national sovereignty. In 1609, the celebrated Dutch Jurist Hugo Grotius proposed the Freedom of the Seas that has become an integral part of modern International Law today. By the second half of the 20th century, coastal states had started demanding offshore-fishing rights.

Despite the ease by which a business firm from the West, for example, may merge with another from the East and undertake investments in the South, however, international business is as bound and regulated by law just as is business conducted within the boundaries of the home country.

The report will cover the following: center for sex offender management; cyber-predators; female sex offenders; juvenile sex offender research bibliography; Michigan’s criminal justice response to incidents of rape; child prostitution; commercial sexual exploitation; child sexual abuse’ compendium of OJP-sponsored projects related to sex offenders.

The work will be based on the Consumer Credit Act 2006, Unfair Contract Terms Act and Trade Descriptions Act 1968. There are the two basic documents for consumer protection within the UK, which provide the buyer with the right to receive the goods he buys in good condition, without any misleading trade descriptions.

In my opinion it would be better if the USA implemented more simplified and transparent immigration points system, similar to the systems established in Canada and Australia. As far as labor migration of low skilled workers is concerned, the USA might implement its own Sector Based Scheme

“Employment law is something which affects most of us at some time during our lives, and it is the area of law that is probably the most complex and the most changed and added to. It can be said that it is also the area of law most often ignored or overlooked by employers in small to medium businesses”.   

There are now more than 2000 decisions of state courts and arbitration tribunals reported - and probably many more that are not recorded in one of the many databases - in national law journals or court reporters. The basic structures of the UN law for receivables have influenced domestic law reforms, regional projects of harmonisation of law such as Directives of the European Community, and international projects of unification such as the Principles for International Commercial Contracts of 1994/2004, promulgated by the Institute for the Unification of Private Law in Rome.

This was treated surgically on 2 December 2009. She died of a pulmonary embolism following a deep vein thrombosis on 10 December 2009.One scenario is that the nurse could be sued for the fractured neck of the patient's femur.

It is the general belief that such punitive steps need to be taken in order to counter the rising rates of crime and to preserve public safety. This has had the result of severe and longer sentences being awarded to convicted criminals who are deemed dangerous and conversely a decrease in the use of parole has been witnessed.1

The author states that the plaintiff must first establish a prima facie case of discrimination. Once the plaintiff has met the minimal burden of establishing a prima facie case, the burden then shifts to the defendant to produce a legitimate, nondiscriminatory reason for the adverse employment action.

A thriving and robust democracy, it is often said, can only be achieved when basic human rights are preserved. Cherished principles like press freedom, religious freedom, diversity and pluralism are indispensable requirements of a democratic society. It is difficult, if not altogether impossible, to argue against the validity of these principles.

Criminal homicide may include manslaughter and murder (Baldwin, 2009). Terrorism is the threat to or actual use of violence against non-combatants or civilians; it is intentional and aims at achieving some preset political aspirations. Terrorism is intended to instill fear, cause terror or intimidate so as to exert pressure on state bodies responsible for decision making (Jeff, 2005).

Terrorism has been used widely to destabilize governments, to make them acquiesce to one's demands and to create an aura of panic and chaos. It has been used as an instrument to further political objectives. Other than this there have been cases where the government has used terrorism to spread fear in its inhabitants and therefore curtail rebellions and uprisings.

Partnership requires informed participation. The Act therefore requires that parents and children must be consulted during the decision-making process and notified of the outcome. There is a new requirement placed on local authorities to establish a procedure for considering representations (including complaints) about the discharge of their functions under this part of the Act.

This will be seen in this discussion, which will explore the formalities that surround trusts and then the possible exceptions that equity has formed; hence creating uncertainty in the law, which points towards a need for the law surrounding these formalities need to be reformed in relation to discretionary trusts.

In relation to terms implied in law the intentions are not taken into account as a primary source of evidence. (Koffman and Macdonald, 5th ed.). It is relevant to emphasise that the intentions searched by the courts are objective in nature, not subjective ones.

When such a company is created, it has an Authorized shareholding which defines the limit of the shareholder liability. This is the most viable options if the capital is being invested into the business by anyone who does not wish to be involved in running it.

The conclusion from this paper states that the authority of the commission to approve and certify the agreements was discretionary, therefore the commission had the right to refuse to certify an agreement, provided that it was successful to observe and develop convincing arguments that the 'agreement was contrary to the public interest'.

In this country 37 million uninsured face economic barriers to care, and the health of many suffers as a result. The "corporatization" of medical care threatens professional values with an unprecedented administrative and commercial intrusion into the daily practice of medicine.

The infringement proceedings consider whether the breach is intentional or involuntary, excusable or inexcusable and whether the Community’s position may have contributed to the infringement. A member state commits a breach of Treaty only when it “deliberately ignored or disregarded the Community law.” 

Since Mr. Green has decided to try to reject the car, he must stop using it and contact the seller/finance company to clarify his rejection and reasons thereof. Following that, it is necessary to record the rejection and the reasons for the stated, in addition to the desire for a refund, to the finance company/seller.

If the business identified is a service rather than a product, the mark is called a service mark. 'From the economic point of view, a trademark is a symbol that allows a purchaser to identify goods or services that he is considering for purchase'. Most jurisdictions make it mandatory for trademarks to be non - descriptive of the goods concerned.     

The author states that the media, in addition, perpetrate the idea that inmates in correctional and prisons facilities in the country suffer from abuse, overcrowding, extortion and other forms of violence. However, the truth about life in US prisons surpasses the fantasy perpetuated by the media. Because of public hesitation to spend more on taxes.

USA Corporations Law This review is based on the assumption that the Barnes family will file their claim in a Delaware court of law. By claiming that Ewing has breached the fiduciary duty in approving the loan transaction, the Barnes family is claiming that the loan that the former granted to the company was in bad faith.

It is radical in that crime is seen as an endemic product of the class and patriarchal nature of advanced industrial society. (Clarke, 1980, 136-47) It is not a cosmetic criminology of an establishment sort which views crime as a blemish which, with suitable treatment, can be removed from the body of society, which is, in itself, otherwise healthy and in little need of reconstruction.

Sexual harassment is a serious issue, as it can have a lasting effect on a person's psychological well-being, their career, and their livelihood. This has been a positive step, as it has allowed people to work in friendlier environments without the intimidation and the fear of losing their job that once existed.

The Information Act 2000 also safeguards the basic right of the state and of the constituents against undue investigation and prosecution brought about by the information that could be accessed from the public authorities through the exercise of the rights under the Act.  It provides that the requesting party must state with certainty the information it seeks to know. 

In this regard, a continuous growth and rapid transformation of the business strategies practiced by the modern business organisations can be observed apparently with respect to their global trade operations. Contextually, the rapid development of modern trade operations among the various global industries has also inspired the organisations to be significantly focused on acquiring a continuously increasing market share and thereby attaining greater competitive advantages (OECD, 2008).

For example, it discusses the basic meaning of crime, the ways to control crimes, and the effectiveness of crime control. Apart from this, the chapter also includes a discussion on some key issues that are deeply associated with social science research. I thought of this chapter as if it would be having details about what crime actually is and what ways can be used to reduce crimes.

It is essential to state that Evaporation, Inc. must exhaust all of its administrative remedies before proceeding.  That is usually the case with any administrative conflict.  The party in question is required to exhaust all of its administrative remedies before seeking legal action.  It is usually just a rubber stamp.

Alan wishes to buy a van for his own personal and domestic use. He asks his friend, Derek, who is a mechanic, to inspect a van he has seen advertised in a local newspaper and prepare a report. Derek prepares a report, which contains mistakes and gives it to Alan. Meanwhile, Alan has changed his mind and no longer wishes to buy a van. 

Under such circumstances ASL decide not to deliver the oven at that time. Alan does possess a small oven but he deems that it would be inadequate for the particular use. As a result, Alan's restaurant cannot open until 5th November, when the oven finally arrives.

While there is nothing new about wives providing security for their husbands' debts, the last decade has seen an apparent increase in numerous cases where there has been an evidence on the part of the wives to avoid liability and there has been an effort made by the bankers to establish procedures which will make securities unimpeachable in the event of challenge.

The trust property is to be 'all my houses' and the beneficiaries are to be 'my three children.' Since the trust property is heritable, the formalities of the Law of Property Act 19251 will also have to be followed. The vesting date has been postponed until the youngest child reaches the age of 25.

Now the borrowers can question the acts of the borrowers that make their relationship unfair in a court. They can approach now Financial Ombudsman before going to go to the court as an alternative dispute resolution measure even without the consent of the lenders.

In the given situation, the issue is whether the parties (Elaine and Kramer) have reached an agreement Specifically, has Elaine made a properly constituted offer and validly accepted by Kramer The offer, made by the offeror to the offeree, is the the statement of a willingness to be bound on certain specified terms.

In criminal law, the state is portrayed as the bigger offended party than the plaintiff such that if a defendant is proven guilty the state metes out the appropriate punishment. It is different in tort cases, in which the plaintiff, whose more popular assignation now is “claimant,” is the victim of the alleged wrong.

Basically, the law is contextual; as it is embedded in practice and institution, and takes its substance from existing patterns of human demeanor and relations (Jefferson Powell, 1993). To an equal degree, the law is influential, meant to proceed with the human good of those it serves, hence subject to variation to achieve this end.

Most of Locke's ideas are expressed in "Two Treatises of Government" (1689), which consists of two books. In the First Treatise, Locke denies the Divine Rights of Kings doctrine, according to which men are not "naturally free". In the Second Treatise, Locke claims that civil society was created for the protection of property.

There have been studies proving the social and academic benefits of the inclusive classroom despite teachers' reservations about the implementation of an inclusion program including the lack of teacher training, unwillingness to adapt curriculum, and unwillingness to collaborate with other teachers.

Two decades of rising crime led to a gradual erosion of public confidence in the institution and demanded the use of innovative practices to meet the requirements of the society. While the American police adopted the 'zero tolerance' approach that continued to tend toward use of force to keep the streets clean, the British police, except for a few disastrous experiments with 'zero tolerance' gravitated towards the more liberal approach.

Both countries have decent human rights records that have met minimal international standards. However, after weighing and assessing the relative merits of the two regarding human rights structures and enforcement, I would choose the Netherlands

The death penalty is often opposed on the grounds that, because every criminal justice system is fallible, innocent people will inevitably be executed by mistake, and the death penalty is both irreversible and more severe than lesser punishments. The supporters of the death penalty point out that lesser punishments can also be imposed in error.

It next treats two theories: Pattern Theory and Routine Activity Theory. It points out the salient features of each theory before entering into a discussion that demonstrates that pattern theory is more inclined analyzing the crime from the offender's qualities while the routine activity theory is more inclined to study criminality from the aspect of the victim's susceptibility.