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Cultural relativism places no expectations on the observer. However, taken to its logical extremes, cultural relativism is a weak argument to base truth upon. As Krausz states, "The extreme relativist might hold that each belief is as good as another because each belief should be judged according to the unique circumstances of its appearance".
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In essence, the broken window theory symbolises the proposition that if a window is left un-repaired, it will provide the trigger for other windows breaking, creating a correlative domino effect. The broken window is effectively a microcosm and representative of disorder through labelling and the disorderly elements.
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11 pages (3113 words)
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In the overall sense, it means bringing to book any offender regardless of his or her position of authority. To achieve this, the department of Zero Tolerance Policing should be made independent so that it may be free from any external interference by “the invisible hand”. In the United Kingdom, this policy has been widened to even cover internet misuse.
The case began with an emergency call from Anthony's mother, Cindy Anthony, saying that she could not find her granddaughter and that her daughter's car smelled like there had been a dead body in it. She said that Caylee had been missing for 31 days, but her mother had not reported it. The toddler mother, Casey Marie Anthony, 22, was arrested the next day.
In the first case, where M is concerned, since he has paid a sum of £50,000 to N towards the purchase of the property, this may substantiate his claim. There is no formal tenancy agreement between M and N for the possession of the flat upstairs, M’s rights to any claim for continuation of his possession of the flat may be restricted.
The New Oxford English Dictionary meaning of “search” is “to try to find something by looking or otherwise seeking carefully and thoroughly” or “to examine (a place, vehicle, person) thoroughly in order to find something or someone.” It would seem that the majority opinion in Olmstead could find an alliance in them.
Having examined the status of the advert it will then be necessary to consider any remedies available to Mr Hastie if he was successful in proving that the advertisement should be regarded as a formal offer. This will involve examining case law in this area to determine the basis on which such a claim might be brought.
The Land Registration Act 2002 preserves the general boundaries rule that the filed plan boundaries will not be conclusive. Section 60 of the LRA 2002 provides that a boundary of a registered estate as shown for the purposes of the register is a general boundary unless it is shown as having been determined.
The 25 boxes are a very small number as compared to the 975 boxes they were able to successfully deliver in accordance with the terms of the contract. Maggie thinks she can get a cheaper deal on the boxes and is now using the apparent breach as an excuse to terminate the contract and to get her money back from Boxes and Things.
In order to advise Theodore and Christopher with regard to their rights against Tony’s estate, it will be necessary to consider their rights under the contract and the legal consequences of the contract being oral. Alternatively, it will be necessary to evaluate their rights under the doctrine of proprietary estoppel.
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According to Bennet and Hess (1998) cited in Flora(2001), the most important part of the interview, in the preliminary stage, consists of a recording of arrival time, determining the whereabouts of the victim, assessing the physical condition of the victim, and attempt to identify the offender (Flora, 2001).
The main impetus for following this doctrine has been to create fairness and certainty within the legal system by upholding the decisions of previous judges. Such precedents can only become significant if the legal reasoning of the judge is known and therefore subsequent courts will examine the ratio decidendi behind the decision before determining whether a precedent has been set.
I have therefore researched and reported on the following issues:- The criteria for full small company tax relief under Section 13 of ICTA.- What constitutes associated companies for tax purposes under Section 13 of ICTA.- Whether or not an associated company is required to share tax rates when one of the associated companies has not been engaging in active trade for a number of years.
Whether there was a legally enforceable contract between Marvin and Andrea. If there was a legally enforceable contract, whether Marvin was entitled to revoke the contract, thereby precluding Andrea from claiming breach of contract or specific performance; or in the alternative, the legal implications for Marvin.
Additionally, the invention must be capable of industrial application. Exclusions from patentability are included in sections 1(2) and 1(3) of the PA, which in general excluded scientific discoveries and mathematical methods and computer programs unless they can be established to produce a novel technical effect.
An employer is directly liable for sexual harassment if he himself commits it or if he fails to act on sexual harassment or discrimination complaint. In vicarious liability, the employer commits sexual harassment when his employee commits sexual harassment in the course of the performance of his employment with the employer.
“In the scenario, the conflict arises ought a company to obey the laws of its home country, or should it follow the less stringent laws of the developing country in which it does business?” Most of the codes are designed to increase the professionalism of individual members by indicating those behaviors that are prohibited as well as those that are expected of them.
With regard to relationship breakdown, the difficulties and uncertainties surrounding rights to a family home have been traditionally dealt with through resulting or constructive trusts. However, many commentators have criticised the courts’ wide interpretation of established trust law principles in contradicting the purpose of the trust.
In summary, it is highly likely that Simon will be liable for William’s death factually and legally on the causation test. Whilst the police officer’s breach of public duty and the medical negligence contributed to William’s death, these acts are unlikely to constitute a sufficient Novus actus intervention to break the chain of causation.
The example of Mr. Smalls' case: firstly, he would need to submit an application to the Court to protect his security of tenure. Secondly, he will have to seek a new tenancy by serving a notice to the landlord using Form 1. Since he does not wish to continue the lease on the existing terms, he will have to negotiate with the landlord to renew the lease on the revised terms that he seeks.
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The theories of personality emphasize human characteristics. According to psychological terms, the human characteristics traits from a behaviourist perspective predisposes an individual to indulge in criminal activities. If we try to get the core essence of their respective theories, various characters of an individual will become poignant.
According to the online HG.org worldwide directories, “criminal law which is often called penal law, involves prosecution by the government of a person for an act that has been classified as a crime.” On the other hand, a crime is further defined as, “any act or (commission of an act) in violation of a public law forbidding it.”
A marriage is a unification of two people who both have consented to the institution of marriage. The unification requires a legal, social, spiritual or religious certification. Marriage is also referred to as matrimony and it is marked by a celebration commonly known as a wedding. A person can be said to have the status of wedlock if that person has married.
Unless a child is both healthy and happy, can it make progress in all its educational endeavors? In some cases, children have to be looked after or cared for by social services, foster homes, residential children’s homes, or the police, for many different reasons such as the poor health of a parent or any other family crisis.
55 pages (13750 words)
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The underlying rationale for restorative justice within the criminal justice framework is to address the gaps in the court system in meeting victim needs. As such the efficacy of any restorative justice scheme is inherently dependent
Articles of association of a company play an important role in day to day working of the company as it formulates and prescribe all rules and regulations to run the company. Companies limited with guarantee have to register articles at the time of incorporation and those are supposed to be as close to Table C of Companies Act 2006 as possible.
Several debates about criminality have been centered on its origin i.e., whether it is a genetically induced activity or an outcome of a dysfunctional environment. Theories offering genetic or biological explanations to crime have existed for several decades however no substantial evidence has been found that would confirm or contradict the credibility of such claims.
Equitable duties of a director arise from the fiduciary relationship between a director and company and as such, directors have a general duty to act in good faith and exercise their discretion bona fide in the interests of the company[1]. Moreover, directors must exercise independent judgment in order to prevent a claim for breach of duty of good faith[2].
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.
The subject of legal abortion has led to a nationwide, often emotion-filled, debate that has endured for many years and will for many years to come. People are decidedly in either in the ‘pro-choice’ or ‘pro-life’ camp. There are no compromises to be negotiated: one concerned with the life of a child; the other, the freedom of choice and woman’s health
The author states that in order for any discrimination in pay to be established, the comparison must be restricted to parallels between work which is actually done by different-sex employees, and this was also held in the case of McCarthy’s Ltd v Smith. Rachel must establish indirect discrimination on the basis of work habitually done by her sex.
The decision in Adoui makes discriminatory deportations by Member States more difficult. The convictions of Erich, Helga, Sabine, and Friedrich may provide grounds for deportation by their actions which lean towards illegal activities, but the nature of those actions do not constitute such a flagrant violation of public policy as to merit deportation.
They have thus put all the women under a scenario where they could be seen as hostages. As far as incarceration and custodial measures are concerned, women have faced a number of different hardships and their problems have generally been compounded due to a host of distinct reasons.
Change management, innovation, and decision-making are important factors that keep the machinery of the criminal justice organization well-oiled. However, decision-making and change in criminal justice are quite different from other organizations. We explore the differences while enumerating the highlights of criminal justice organizations.
Hale LJ asserted the importance of parents being made aware of the case that they were required to answer by the date of the hearing and approved the practice of requiring the local authority to make a clear statement of facts prior to the final hearing of the basis on which it alleged the threshold was crossed.
Whilst the UK courts are likely to take a position “somewhere in between,” in order to preserve Parliamentary intention, the current position clearly highlights the fundamental role of the Internationale case in the evolution of national law towards EC supremacy, which has now become a reality as opposed to mere rhetoric.
If there is a deadlock at the preliminary stage, the employers would be constrained to conduct a meeting, before which written notice would be served to alleged offending employee, describing the kind of offense and proposed a course of action. It would also allow him the right to have a companion and offer explanations.
A federal government is conceding its individual dominion and powers to the central governing body, whereas it acquires other limited powers. There are various federal agencies working for the well being and peaceful existence of the country. It is their duty to help the government in maintaining law and order of the state.
Even the rights given to people in the monarchical system were essentially rights given by the ruler and not rights which were considered to be given by default. The impact of the Bill of Rights is alive and well today and while it may not be evident in our daily lives, it is still experienced by many around us.
In England, it had been established that the exercise of power by the government must have legal justification. Moreover, the exercise of power by the government, which has no legal justification, cannot be justified on the grounds of state expediency. The landmark case, in this regard, is that of Entick v Carrington.
The paper shows that Lord Denning’s remarks in the case of Ward v James highlighted the overall judicial reluctance to the removal of trial by jury “let it not be supposed that this court is in any way opposed to trial by jury. It has been the bulwark of our liberties for too long for any of us to seek to alter it”.
There are various occupational hazards that are encountered by workers in the construction industry. Operation of heavy equipment, handling of power tools, precarious positions in the construction site is just some of the situations that place construction workers at most risk for injury in the workplace.
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The killer relishes the attention and exerts effort to make certain the public witnesses the murders. The killer goes as far as building his own web site and live video feed to air the executions. Another criminal, Kyle Craig, plots a return to the crime world. From his ultra maximum-security cell, he has spent years planning both his escape.
A criminal offense that results in injury to another, particularly homicide typically encapsulate the concept of remoteness between either the conduct or omission and the consequential harm. The actual consequences of that conduct or omission may be produced by other factors “which are more directly connected than is the conduct of the accused.
The Appeals court held that a transferor who transferred assets for an unlawful purpose giving scope to the pre-supposition that it was for benefit, could withdraw his connection in such unlawful purpose before it occurred, or give proof of the illegal aspects of this transaction in order to deny the benefit, and could thus get back the property for his own.
This Treaty has been deemed to be the last among the series of the institutional reforms to be implemented in the EU. This Treaty aimed to render decision making more transparent and bring about a closer union of the people in the EU. In addition, citizens would have a greater voice in decision making.
The upgrading of child’s welfare from first to paramount consideration under the 2002 Act has failed to cut the ice in practice. However, what has been considered important is that the paramount principle is extended to the dispensing of parental consent, with reference to both placement and the court order.
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The advent of high-end technology does not only facilitate life and work but also brings out debatable issues in some significant units of our society. One debatable issue is the use of videotapes and cameras in the courtroom and the jury deliberation room whether it should be accepted, and what ethical guidelines should be observed by the judges, jurors, prosecutor, etc.
In general, international agreements are binding on the EC and its Member States. However, the agreements of the WTO are not deemed by the ECJ, to have a binding effect on the EC or the Member States of the EU. As such, individual rights had not been successful in claims relating to the WTO agreements, in the European courts.
Anderson in her article on comparative perspectives on property rights refers to the evolutionary nature of property rights, where the exact composition of the bundle of sticks has to represent a societal balance of interests and should be subject to constant re-evaluation and revision according to the current needs and norms.