The Articles of Confederation stated that in order to accept an amendment to them, the consent of the states should be unanimous, while the Constitution stated that if the representatives of the three fourth of the U.S states would grant their consent the amendment cold also be accepted.
On 31 August 2007, the Office of Fair Trading filed a claim before the High Court on the application of the law in respect of unauthorized overdraft charges. The claim relates to the issue of whether the fairness test in the Unfair Terms in Consumer Contract Regulations (UTCCRs) applies to the relevant charges.
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Children are exposed to hazardous knowledge from numerous sources. This has resulted in the rise in the number of juvenile delinquency cases. Children are being lead astray due to the high penetration of crime into society. Excess of negative information and the adverse environment has paved the way to increasing crime in teens.
Members of the crash team acculturated the attitude around which they personified the “us” against “them” mentality. (Rampart) From a socio-psychological standpoint, much of what an individual perceives, says and does emanates from his or her personal attitude.
After a year, Junior Aids feel that visiting the retail group once a week is futile and unnecessary, and they write to Infasuck saying so. On 1 January 2001, Infasuck write back saying Junior Aids need only visit once every fortnight, and from that date onwards Junior Aids visits accordingly.
Due to this development, numerous case laws erupted, often conflicting with each other. This study therefore attempts to analyze the principles behind the court's exercise of discretion. The policy behind the law as well as the reasons behind the grant of discretion to the judge shall be examined and understood in light of the recent development of jurisprudence on this aspect of remedial law.
Politicians and the public have repudiated the court's original rehabilitative premises and endorsed punishment of young offenders. Judicial opinions and statutory changes have rejected procedural informality and incorporated imperfectly many of the safeguards of criminal courts.
When they are featured in all sorts of media (print and broadcast TV), we clamour and begin to take interest in their undertakings. We obviously want more of them. We, believe it or not, view them unconsciously as objects, merely possessions. Have we failed to realize that they themselves are just like the rest of us That they should also be given the right to privacy
After being deluded by mediation firms who misled her through their bureaucracy, the lady finally seeks the candid justice that only a court can provide. One may understand that in our enclave, divorce is an adverse step for a demure and docile woman like Jackie.
From the report, it's clear that the criminology is a study of crime, its causes, its aftermath and people’s reaction to it. There is a lot of difference in how an accused prospective con is treated and a victim is treated in our criminal justice system. To a certain extent, it is fair but there are other facets to this story.
Proprietary interests can be fragmented among a number of individuals or groups over different levels, making the ability to exclude others more difficult and confusing, oftentimes leading to property disputes.
In order to understand and evaluate the role of post 1945 cases, some reference need to be made of earlier cases which have formed the basis of what the law is as it stands in the post Street V. Mountford era.
The licence has normally been seen as mere permission to use someone's property and seems to be terminable at will while the lease seems to engulf within its concept various statutory and equitable rights.
The author of this essay analyses the issue of termination. He thinks that one of the best ways to obtain a vivid understanding of real life issues is through viewing a simulation such as this one. The company that was represented in this particular simulation was Fast Serve, Inc., a direct marketer of branded sports apparel.
The Brief facts of the case are . Blake, an accountant, owns a number of Apropex X18 computers. At the start of this year Blake was concerned that he required higher specification computers but could not afford the outlay involved in purchasing an entirely new set of computers.
A) In the first case scenario, Debbie is accused of robbery as she has taken a ring from the defendant's finger while the defendant was in a state of unawareness and consequently, Debbie had no right to it.
According, to the definition of dishonesty, it is established by case law that the defendant is guilty only if the person satisfies two conditions.
The report details the investigation results and the identified system weaknesses and vulnerabilities are analyzed. The major vulnerabilities include the increased exposure of Pins, tampered PEDs (Pin Entry Device) and lack of globalization. The legal perspectives are also explained with specific reference to UK Computer Misuse Act of 1990.
At the same time, it is imperative to note that Paul had actually assumed full ownership of the entire property in question. In this Paul was the legitimate owner of the property then he passed over its ownership to Nitin and Miriam by virtue of sale. In this regard, as at October 2009, they became the landlords of this whole real estate property.
She further wanted to buy paint for decorating the bathroom. Once in the hardware the sales assistant offered paint plus's own brand called Ever-last as the best paint. He did this on the basis of many customers buying and they have never come back to complain.
The sanctity of marriage used to be a positive influence in many couples' relationships, tying what was considered a knot of responsibility towards one another that cohabitation simply could not bring. Marriage also has always been considered to be a societal occurrence that ensures the protection of rights in the matrimonial process as well.
The police have a few responsibilities which are common throughout the world. These duties involve controlling crime - controlling the level of crimes taking place. This aspect includes investigations and patrolling the streets to avoid crimes from occurring. Maintaining order- using authority to avoid people from disturbing the public’s peace.
The statement follows the fundamental American concept of government directly influenced by the French philosopher Montesquieu (1949 ) who asserted that separation of powers is essential to liberty. The intent of the concept of separation of powers is the distribution of governmental powers among the different departments so that the whole power is never concentrated in a single individual or group.
The latest version of NEC came to be known as NEC 3 and that of JCT was JCT 2005. At this juncture, the present essay attempts to evaluate some of the important provisions of the two contracts. The essay takes a comparative approach wherein an attempt is made to compare and contrast the important provisions found in both contracts.
The concept of direct effect follows from the supremacy of European Law as formulated by the ECJ. This implies that if an EC Law has direct effect then such law grants rights to individuals, which must be upheld by the national courts. For any EC Law to have direct effect, it must satisfy two conditions.
Daniel-of-Service attackers flood in a manner that they fill the server limit and don't allow any other user to get the respond. Similarly with emails, weather they are internal official mailbox or a free mail service like hotmail or yahoo; each of the mailbox can receive a limited number of mails.
Where the standard expected is not met and entails loss, the question is not so much of who is liable but on what grounds. If the damage is physical an action will lie in tort. But if the loss is not physical but financial, there is reluctance in the law of tort to recognize a claim.
Normally, there are some exclusion clauses in the contracts that state clearly what the stronger party (in this case, an employer) would not undertake for the weaker party (in this case, an employee) if certain unforeseen problems suddenly happened to the weaker party.
The oft used word freedom ,despite its repeated use,abuse and misuse has many definitional and philosophical repercussions.Freedom exists as a constitutional guarantee in the West.People now have freedom to speak and be heard .
The western society speaks of the Rule of law and Human rights and freedom of the individual.The year is 2008.It is only recently that the controversial Regulation of Investigatory Powers (Communications Data) Order 2003 as well as the Regulation of Investigatory Powers Act 2000 has been passed.
Regarding the maintenance of the product, supplying the product after the deadline, bad quality of the product, service not up to the mark, etc. constitutes some of the problems between a consumer and a seller.
To solve the disputes government of UK introduced many laws and legal rights were provided to both consumers and sellers.
She really needed a car that was worth the 3000 she had been lend by her Stepfather but she came across an advertisement for sale of a second hand car that was going for 3200. There was a Janet's telephone number who owned the Black Ford Fiesta that was being sold and Barbara called the number in response to the offer.
He may also have invalidated the aircraft hull insurance so any claim for the damage to the aircraft may be refused by the insurers. Specifically, Article 52 of the Air Navigation Order 2005 ("ANO") dealing with the pre-flight action by commander of aircraft requires a commander, among others, to ensure that the flight can safely be made and that there is sufficient fuel for the intended flight, thus:
The reason why the speed limit has risen is the advancement in technology which includes better roads and better vehicles. This limit is put in place in order to reduce road accidents, protect the environment and also to enable police to easily apprehend suspicious motorists.
Perry Barr and Student of Birmingham City University and The owners of the adjoining public house may bring an action against Bloggs & Co Builder's under private nuisance and public nuisance. Before a claimant can succeed in a nuisance action, they must first be able to prove that they have suffered damage.
On the contrary, they make resistance against all types of bondages inflicted upon them in one way or the other. The individuals and nations, not demonstrating any signs of resistance to the factors and elements imposing bars on them, lose their liberty eventually; as Call (2002)1 argues that selfish and weak yielding must always do harm.
(Wikipedia) In general there are three basic requirements to be met with for the formation of a trust. As decided in the case of Knight v Knight1 the three certainties that should exist for the creation of a trust are:
Thus from the foregoing it may be observed that while any item of property whether real or personal can be made the subject matter of a trust.
A promoter is not a trustee or agent of the company but holds a fiduciary position with respect to the company, which he promotes from time to time when he first becomes a promoter until he ceases to be a promoter thereof. A promoter cannot retain any profit made out of a transaction to which the company is a party without full disclosure.
However,if amicable settlement is not reached by the couple, the laws in the United Kingdom with regards family, divorce and property are very clear on this issue.First the Matrimonial Causes Act 1973 sets out the foundation for divorce
Two of the three standards of proof, "preponderance of evidence" and "clear and convincing evidence" are limited in use to civil case.This is largely because they require only a low to medium level of proof for the establishment of guilt.
Judicial decisions are based on cold logic and cogent thinking besides legal dexterity. There may be many relevant facts to a case which may not be prima-facie available, and yet may be prime material for the establishment of guilt or innocence of the defendant.
This is where the development of money laundering law takes the stage. Considerably, because of the emergence of financial crimes, it could not be denied that the more involved people are with their needs of earning money for their basic and their luxuries, the more they become vulnerable in making particular mistakes and crimes against financial gains.
The current legislation for health protection against foodborne hazards is aimed at curbing contraventions of the law and reducing the risk they pose to public health. There are also the requirements of the Police and Criminal Evidence Act 1984 with regard to the interviewing of persons suspected of having committed an offense.
A gift to charity will be upheld, even if there is no indication of the giver's intention as to how it should be used.
The primary authority on what is charitable used to be the repealed Preamble to the Charities Uses Act 1601. Charitable purposes were those listed in the preamble, or those which are analogous to those in the preamble, and are within its 'spirit and intendment'.
And the history of school, work, counseling, and family programs in prisons does not inspire confidence: while programs of these sorts are not uncommon in prisons, they are difficult to evaluate, often operated haphazardly, and plagued by skepticism about whether 'rehabilitation' actually 'works.'
The European constitution is threatening to overtake the British constitution, considered to be the mother of all the constitutions and there are apprehensions in the air. In his recent speech as party leader at Labour Conference, Prime Minister Gordon Brown Declared: "Britain has been tested and not found wanting.
Problems of specification of intellectual property have become more controversial with the spread of digital technology in the form of computers. Print media have advantages that arise from their tangible form, over music, film and designs of commercial importance, though elements of subjectivity in judging whether a piece of work is a copy or essentially new, cannot be avoided altogether.
There have been several cases where the issue of illegally obtained material has been considered. This paper proposes to examine the cases where judges have both exercised their discretion and excluded the evidence as well as the times when such evidence has been allowed.
People serving in jury system not only inspect the crime but also saves the citizen from these speculative criminals. They inspect and investigate crime not as jury server or inspectors but disguising in as a casual citizen. So jury servers may also know as protectors of citizens.
The research has pinpointed the fact that the role of a police officer is hugely -multi-faceted as their main purpose is to help the citizens of the community, and at times this requires different roles for them to fill. However, this literature details that their role of maintaining order and keeping social control is emphasized the most and is shown to be consistent with what the majority of the public expects from the police force.
A condition is a term of vital importance and goes to the root of the contracted. It is basic and primary to the contract its breach, if committed by the seller gives the buyer a right to reject goods completely and refuse to pay the price and if the price has already been paid to recover the same.
It seems sometimes the companies do not realize the lines they are crossing, or simply don't care.However, in the eyes of the public this bides horribly, as the ever watching eye of the public often keeps its stare gazed into what business are doing.