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Law and order maintenance is essential for the economic growth of a country. For example, in a country like Pakistan, law and order maintenance is in jeopardy because of the influence of terrorists and Muslim fundamentalists on government and other administrative sectors and hence the economic growth cannot be attained.
Free speech, as we can see, is limited by its ability to apply to all speech—as it should be. Thus, one must walk a fine line when speaking or writing, so as not to invite problems. It is this caution that comes with the responsibility of living in a relatively unfettered existence in a Democratic society
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19 pages (4750 words)
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The aftermath of Napster in 1999 created panic and hostility to P2P file sharing. Additionally, critics have highlighted how the doctrine of fair use and fair dealing under the Copyright Designs and Patents Act has struggled in the P2P file sharing environment with Internet service providers bearing the brunt of liability, which is clearly relevant to the Company’s position.
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The conditions of Mexican prisons are brought into international public scrutiny by the foreigners who get incarcerated and get to experience the inadequacies of Mexico’s penal system. If not for some of these accounts, there would be little information about the conditions of these prisons or their inmates.
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For example, the NHS estimated that from 2000 onwards, the average time for a claim against the NHS with settlements exceeding £10,000 to reach court was five and a half years. However, it has been propounded that “The satisfactory resolution of disputes is a key issue for any society”.
If we consider actus reus, it must be established that Alf committed an unlawful act that caused Vera’s death. Both factual and legal causation of death must be established. The factual test applicable is the “but for” principle established in the case of R v White. Alf will be criminally liable if his conduct was the cause of Vera’s death.
Mr Morton is claiming that he had received an offer of work, which he had accepted on the telephone. He discovered that Mr Parker Piling is already underway doing the groundworks job he was supposed to do. Mr Morton said that unless Mr Parker Piling is kicked off-site immediately and let him carry out the work he was supposed to do.
Charlie would have to prove actual loss had incurred from the breach (Treitel, 2007). However, it is highly unlikely in the current scenario as Dave’s bid was also prevented from consideration due to the postal delays and it will be very difficult to prove discrimination in consideration of the bids.
The author states that the Member of Parliament will take it to the other legislators (co-sponsors) who, if they support the bill, will prepare and take it to the Parliament (Senate or House) or several other Parliament ally Committees, The committee(s) will discuss the bill further and see if it would be convenient with the National Budget.
This study has been handicapped by the fact that Occupier’s Liability is one area of jurisprudence which may be affected by various changes and amendments over time, including the fact that Court decisions on these issues would depend upon the case-to-case basis which may be of contradictory nature.
Justices are of two types in England. There are the lay magistrates or justices of peace who work without any remuneration. Then there are the stipendiary judges who adjudicate in the Crown Courts. There are about 30,000 lay magistrates and over 100 full-time stipendiary judges in England.
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.
Raising funds from the international market is always a challenge because it involves a multitude of factors which need to be taken care of in order to successfully achieve the desired objectives. One of the most important aspects of raising funds from the international market are the legal complications associated with such an action.
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Compensating for the damages of medical malpractice entails a sequence of procedures in court. To start with, the lawyer for the offended individual should establish the norm of health care for which a provider is held accountable. This is accomplished through a knowledgeable and experienced witness.
The lack of clarity and dependency on ad hoc judicial decisions is undesirable in addressing the right to privacy and the interpretation of Article 8 has been disappointing in clarifying the legal parameters of privacy protection in the UK. On the other hand, the practicability of implementing a separate law of privacy is also questionable.
Employment law also includes individual employment contracts, the application of tort and contract doctrines, and a large group of statutory regulations on issues such as the right to organize and negotiate collective bargaining agreements, protection from discrimination, wages and hours, and health and safety. (thefreedictionary.com)
Copyright (Computer Programs) Regulations 1992 – gives the right to decompile, the claim to create back-up copies, the claim to reproduce or adjust for reasons of defect removal. However, decompiling would not be allowed in the case when the developer may use the information for creating a competing work.
The duty of care concept in the tort of negligence was firstly introduced by Lord Esher in Heaven v Pender as a precursor to the modern law of negligence. Lord Atkins continued to define the term “neighbor” in the legal sense as being “persons who are so closely and directly affected by my act that I ought to reason to have them in contemplation as being so affected.”
The link between good governance and enforcement of Combined Code 2008 could be seen in terms of the fact that if the Chairman and his board of Directors need to offer full support and co-operation to Nonexecutive directors in the performance of their onerous tasks in coordination and cooperation with the other senior management.
These sociological and psychological issues will be described later in more detail. There is evidence that age discrimination is occurring more than is generally realized and is causing older workers substantial difficulty at the workplace. It is interesting first to examine how age discrimination has been known to occur, within a society.
The massive numbers of illegal aliens pouring across mainly the southern border have and continues to cause substantial economic, social and physical harms to legal citizens. These harms occur predominantly to those who are among the most vulnerable segments of the population: minorities, children and the poor.
28 pages (7000 words)
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Law in itself is law, even if faulty; it is an objective implicit acceptance of the legal system within which it resides. For example, legislator A passes law Y, which provides for a disproportionate sentence length to a crime (for the purposes of clarity, we shall say six years imprisonment for theft).
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The Classical School theories on crime were developed in the 1700s through the work of Italian philosopher Cesar Beccaria and English philosopher Jeremy Bentham as social changes were taking place due to changes in the socio-economic structure of society. The philosophical foundation of reason as an approach to the nature of society.
With the dawn of legislation in some countries legalizing the act of helping terminally-ill patients to hasten their death, there have also been varied movements everywhere demanding a review of the ethics & the morality of the said act. In this paper, I will explain why I think the law on physician-assisted suicide should be changed.
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Economic governance is improved with greater fiscal transparency and fiscal stability as this highly improves the functioning of government sectors and facilitates improvements. The socioeconomic environment is largely improved for the private sector if there is complete transparency n the fiscal and budgeting processes.
It is evident that the terms of the lease with CPD included an express covenant prohibiting subletting or assigning of the lease without CPD’s consent. As such, this does not constitute an absolute prohibition and section 19(1) of the Landlord and Tenant Act 1927 provides that the landlord’s consent must not be unreasonably withheld.
34 pages (8500 words)
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The ICJ had made several important comments on the use and threat of use of nuclear weapons. First, it expressed concern regarding the protection of civilian entities from the effects of these weapons. It also made a clear distinction between combatants and non – combatants. Second, States that use nuclear weapons must not target civilian objects.
It is the objective of an exemption clause in a contract to circumvent liability. The Unfair Contract Terms Act disallows exemption clauses that seek to obviate or reduce liability, for the death or injury resulting from their negligence. Moreover, a statutory requirement cannot be rescinded by an exemption clause.
It is important to note at the outset that if any of the interests constitute leasehold interests, the law will imply covenants into a lease, which will include a covenant to keep the interior in good repair, which in turn will impose obligations on you in respect of the state of the stairwell in the Property.
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Globally, the number of children deprived of liberty as an outcome of the conflict with law enforcement agencies is estimated to be over one million. Children may be arrested for committing an offense, for being found at risk of delinquency or in an irregular situation, because of arbitrary actions of law enforcement authorities or other reasons.
21 pages (5250 words)
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EPC contract is a fixed price or lump-sum price contract unless the contract specifically provides for a price increase due to the occurrence of some modifications or events. It is wise to add price increase clause in the EPC contract to safeguard the interest of the contractor against price volatility in the near future.
As trustees prior to Brenda’s death, Ann, Brenda, and Claire would have absolute power in the Property, which means that they could effectively sell, lease or mortgage the property. However, under the general law of trusts, any such action must be in the best interests of the trust and have regard to the rights of the beneficiaries.
In the case of R Cheshire 1991] 3 All ER 193, Beldam L.J asserted that “it will only be in the most extraordinary and unusual case that such treatment can be said to be so independent of the acts of the accused that it could be regarded in law as the cause of the victim’s death to the exclusion of the accused’s acts”.
The hesitant actions of police officers to enforce expungement and sealing cases to 1,800 people, mostly African-Americans, mandated by the state judges in Chicago This lack of action brought problems on employment and subsequent integration of the blacks to society. An audit of unserved state orders for expungement and sealing cases was doneю
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Terrorists usually compromise with some of the community leaders in order for them to be allowed to live amongst the community members. Some of the leaders may even offer financial support to them. This has been the major cause of the proliferation of terrorist activities which have been a major security threat, especially for the United States.
Although this is a powerful form of protection against authorized copying of code, it may not be adequate to protect novel underlying ideas. Although copyright prevents competitors from taking the whole or a substantial part of the software code, it does not prevent a competitor from mimicking the novel concept behind the software system.
These rules come from the statutory provisions set out in the Criminal Procedure Rules 2005 and Civil Procedure Rules 1998, and a selection of case law which tends to limit who can be considered a witness for trial purposes. It can be determined if amateurs are in fact allowed to testify in situations where the area of expertise is sufficiently obscure.
The underlying issue remains: can Parliament bind its successors? The orthodox perspective is that it cannot. The Parliament which is supreme is the current one, and so it will have the power to repeal the legislation of any previous Parliament. If they enact something inconsistent with an earlier Act, the courts treat it as implied repeal.
It was because he clawed his way to the top of the Gambino crime family leaving behind litters of bloodied bodies not to mention captivating the public with his stylish, suave, and dapper persona and his good looks bedecked with glamour. His propensity for racketeering and other criminal acts made him the favorite target of the FBI.
However, according to Ernest Bruncken (2009), in some contexts, the interpretation may lead to mischief and may lead to aversion. Though the interpretation of an unbearable law out of existence can be termed as a fruitful source of confusion, the lawyers are trained to have a great hold upon the public using it.
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It is the obligation of the government to come up with solutions for such kind of situations or chip in to alleviate the crucial situation. American Insurance Group, AIG for instance, has been at the risk of collapsing early this year until the US government intervened and bailed it out of the risk with $85 billion packages.
According to the paper, a popular human rights activist, Hans Gyran Franck, once said that ‘it is well-known fact that the general attitude toward the death penalty can shift drastically [and] it is mainly after particularly gruesome acts of violence that the ideas favoring retribution and a tough stance against crime gain currency.”
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The US Supreme Court reversed this explaining that the prosecution shouldn’t have used such statements made especially if there is no effective procedural safeguard against self-incrimination under the Fifth Amendment. The interrogation was said to be “inherently intimidating” and thus violates the right to self-incrimination.
Doctor Green has received your letter before action and has started to collect evidence that he in fact complied with recognized medical practice in his treatment of Charles’ condition. Prepare brief note on the court’s approach to the determination of the standard of care expected of a doctor or surgeon.
The reason for this procedure is to allow the judge to determine for himself which position has logical basis and have been arrived at only after taking into consideration the risks and benefits the medical procedure will present to the patient and which side has basis in claiming that a detection will prevent the avascular condition and in general which opinion is more cogent, and logical.
Photographs are taken from different distances such as close-up, medium, and long-range which gives the profiler a better understanding of how things are connected. The Federal Bureau of Investigation also highlights the use of aerial photographs in serial rape or murder investigations since this establishes the geographical link of the crime scenes.
The ‘key’ evidence and testimonies were insufficient, and the case itself too weak to convict the defendants of capital murder and bestow on them the death penalty and capital punishment. With the jury caught in a public hysteria and fear of the Satanic cult, they, amidst the deficiency of the evidence, reached a specious verdict.
In order to eliminate the randomness of events concerning illegality in various cases, certain reformative measures may be implemented which contain adequate discretionary measures to ascertain and decide whether the plaintiff's participation in some form of illegality be allowed to act as a form of protection to his claim.
The paper shows that an open discussion on these issues will clear the fog on what scriptures say and what law dictates. If there is a disagreement between Islamic law and scriptures, it needs to be stashed. If there is a transition from the Islamic scriptures and law as the society has evolved, it must be recognized.
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Native American policies, including the creation of reservations and the movement of tribes onto reservations, was accomplished through an executive order (Wilkinson 65). Executive Order 9066, which was issued by President Roosevelt in 1942 resulted in the internment of Japanese Americans into camps in reaction to Pearl Harbor (Ramsey 166).