The three strike law adopted by the state of California was quite broad in nature as compared to the one adopted by Washington. Different states have adopted different versions of this law, the main purpose of adoption of these laws was to restrict the judiciary to make sentencing decisions on their own and to increase the time served by individuals who were committing a crime for the third time in their life.
The question which arises here is whether Barkley is legally tenable to enter into contracts on behalf of the firm. One of the most fundamental principles of Contract Law is that an individual who is below the age of 18 cannot enter into contracts with other parties.
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The salient feature of the contract is that one party makes an offer and the other one accept the terms and conditions of offer that contains therein. The important factor of a contract is mutual consent of both the parties to initiate and to finish the project as defined in the contract.
This research aims to evaluate and present the definition of criminal law, three broad categories of crimes that covered by the criminal law included felonies, treason and misdemeanors and some examples of crimes punishable by criminal law that include murder, manslaughter, rape and battery.
Author “Todd” Vitola pleaded guilty of the conspiracy by giving applicable information regarding the day’s events and plans during the day of the event. The accusation took place at the district court. Scott Tran was the owner of a boat known as the “Alexander II.” Arthur consciously conspired and agreed with Scott Tran, Mahn Nguyen, Erik James, Henry “Mike” Anholt and Christopher Martin, otherwise known as the “stickman.” The defendant cast away and attempted destroying the vessel, property of the state, but with failure.
However, the same principles have been used repetitively towards its defence. However, further examination of the elements that are associated to some boxing events leaves a lot to be desired over its legality. This paper seeks to evaluate other aspects of boxing that may be used in courts while in the quest of challenging the legality of the event.
This essay explores the perceived judicial activism of the (ECJ) in an attempt to create a constitutional foundation for the European Union (EU). Judicial activism in the case of ECJ refers to the political implications of the policies made by the court in its interpretative role (Rasmussen 45) The detractors of the ECJ feel that it promotes European federalism to the detriment of the interests of Member States.
Such crimes include and not limited to corruption, identity theft, tax evasion and embezzlement among others such as money laundering (Simon & Eitzen, 2000). This paper is a critical evaluation of white collar crimes as compared to conventional crimes.
Having insurance is like an investment. However, an insurer has to review his policy to update it with the changing times and to know what is really included. An in depth review of auto, homeowner and life insurance policy focuses on these following questions.
Such crimes may include basic company frauds, falsified claims of travel or entertainment, cheque fraud, identity fraud, misappropriation, computer related crimes, or financial statements frauds (Pickett & Pickett, 2002, pp.1-6). Earnings management is one of the popular measures of financial business crimes occurring in companies on a habitual basis.
The public police operate on behalf of the government and society to put laws in force to sustain peace. They detect crimes, assist victims of crime, respond to emergencies and provide assistance in prosecuting criminals. Apart from these services they engage in community support and outreach programs.
Here, we shall analyze four different types of moral scruples which are found within various organizations that—at the same time they are fighting corruption—may invariably get pulled into participating in corruption consequentially. These scruples include the “slippery slope,” the society-at-large hypothesis, the structural/affiliation hypothesis, and the rotten apple theory.
The author states that tort-based cases, under which medical malpractice belongs, do not only have compensation as an objective, but also the vindication of a right, protection of interest, deterrence, retribution, and punishment of wrongful conduct. Arbitration simply resolves disputes at less cost to the parties.
Critique of applying community policing on burglary VIII. Conclusion IX. References Introduction To predict, prevent, control, and manage crimes and other disorder problems, police departments are faced with a number challenges and obstacles while executing their duties.
Louise Woodward who was Mathew’s caregiver since 1996 was arrested and charged with the murder of the child. In the trial at the Middlesex County Court, she was indicted of murder by a grand jury and was remanded with no bail. In the giving of their indictment against Woodward, the jury took into account the fact that the child had been left in her care from the early hours of 4th February upon the departure of his mother for work until he was taken ill.
These employees are even unmotivated because of the fact that they are not appreciated for the service they are providing to the society. The amount of work assigned and expected from them is huge and these employees are not appreciated or encouraged for the tasks they perform.
In the initial stages of democracy in Britain, liberty was at grave risk due to monarchical power.1 As a consequence of the doctrine of Parliamentary Sovereignty, the Parliament was empowered to enact or rescind any law whatsoever.
This paper, Legal Issues and Alternative Solutions, attempts at showing the ineffectiveness of legal litigation against these defendants and at providing alternative solutions to prevent the P2P file sharing infringements. Sharing information by sharing files is vital for the success of an individual or an organization.
Big Brothers Big Sisters is a popular brand name in the U.S. It is a non-government, and a non-profit making organization that was created for a sole purpose of offering a one-to –one mentoring to youth in challenging situations. To fully understand its activities, I studied the operations of the BBBS chapter in Savannah, GA.
Section 51,2 defines it as a contract that purports to be made on behalf of or by a company at a time when the company has not been formed has effect, subject to any agreement to the contrary, as one made by the person acting for the company or as agent for it, and he is personally liable on the contract accordingly.
Lawsuits in product liability fall under the category of tort laws and the litigation occurs for different reasons. Among the reasons include defects detected in the products that cause injuries, or other related damages to consumers (Friedman, 2004). These defects could occur either on the finished product of part of the product not functioning according to the prescription, provided by the manufacturer.
There are many types of definitions that are given for symbiotic; some people believe that it is a mutual existence of two organisms. There are many types of symbiotic relationships. Mutualistic, Commensalistic, or parasitic, competition and neutralism are some of the forms of symbiotic relationships; these have been defined as a very basic form of symbiotic relations.
Though there are different kinds and facets of discrimination in the work setting, the problem that was identified is that of language discrimination, defined as a kind of discrimination that “occurs when a person is treated differently because of that person’s native language or the characteristics of that person’s speech.
In this case, two people have been detained by the police team in a raid or search, who have been identified as Harry Hampton and Jimmy Jaffers. Relevant Laws Related to the Issue Under the United States legal laws, criminal offence is measured from two perspectives, which are recognized as Felonies and Misdemeanors.
It may have been for purposes of humanitarian reason that prisoners were given the benefit of doubt. Under the 4th Amendment, according to Maclin, T. (1993, p. 197), the US Constitution guarantees the right of every citizen “to be free from unreasonable government searches”.
On reference is a series of issues that emerges from this model of security structure. Key amongst this is the issue of accountability and effectiveness of such firms. Over the years, the topic of accountability has reigned over the topics involving the deployment of these individuals at both the international and national mission levels.
Section 19 (2) lays down four possible situations that can be called as four components of indirect discrimination. They are (a) a provision, criterion or practice is applied by A on other persons which B does not share with. (b) it (provision, criterion or practice) places or likely to place persons of characteristics shared by B at a particular disadvantage on comparison with those whose characteristics B does share with.
The 5th Amendments to the United States Constitution provides a sense of constitutional safeguard by ensuring that citizens are not to be compelled to be a witness against themselves or be deprived of liberty or property obtained for public use (Family Rights, 2013).
The 1933 Montevideo Convention on Rights and Duties of Statesi has set out for the first time the four criteria of 1) defined territory, 2) permanent population, 3) government and 4) capacity to enter in to relationship with other states. Originally the Montevideo was a regional treaty but eventually became a customary international law vide Article 38.1 (b) International Court of Justice Statute.ii Although Palestine may meet with these criteria, it is not as simple as that because it has not been accorded statehood by the United Nations which is the international body and source of international law entrusted with power to grant statehood through voting by its member nations.
With the decline in the economy came a downpour of contenders, but at the same time, ultimately, slashed money for recruitment and hiring. The LAPD – Los Angeles Police Department – has experienced the recession intensely. The agency’s advertising funds were cut by 60% in economic year of 2009, city workers concerned in applicant dispensation have been furloughed habitually, and in March 2009, the Town Council permitted a three-month hiring freeze (Nostrand, 2007).
However, owing to the repeated occurrence of company’s breach in maintaining transparency when serving its customers, many legal provisions have been developed to assure the customers’ interests are justified when entering into any kind of contracts with the seller.
The law outlines that directors cannot receive any benefit from their position, unless they obtain an express legal authority from the board to do so. The Companies Act outlines that a director of a company must to circumvent situations in which the director possess, or can manifest an express or indirect interest that diverges of may clash with the interests of the company.
Massachusetts Supreme Judicial Court is the uppermost appellate court in the Commonwealth of Massachusetts, hearing the limited number of appeals. This report is a culmination of a visit to the court on 1st April 2013, and it captures the workings of the courts and an analysis on its strength and weaknesses.
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Ethics on the other hand is a social system that people agree upon in order to conduct their day-to-day activities. When seen from such perspective ethics could directly refer to standards or codes of behavior a given group of individuals have to adhere to.
The examination entails the corroboration of all substantive facts pertinent to the investment. The quantity of due diligence carried out before a prospective acquisition depends on the worth and value of the potential investment. Due diligence also depends with the relative value of the intellectual property to the transaction.
Being a male prison, Gartree has six main wings together with s small therapeutic community, which is dedicated to prisoners with personality disorders. This indicates that this prison is a holistic center that accommodates prisoners of different abilities (Shuker and Sullivan 2010).
The two parties make a promise to each other and are bound by those promises. According to the common law, the parties in an agreement must exchange something of value as a sign of acknowledging the existence of the promises between them. Once the promise has been made by one party and acknowledged by the other, the contract becomes effective, and each party is required to fulfil the agreement they made to each other (Collins 1994, p.234).
There is hence a strong and growing consensus among the public to seek transitional justice and bring to book, the perpetrators of such crimes with an aim to set a precedent and prevent the gross repetition in the future. The Afghan government has been receiving persistent international support and aid however the calls for justice have been conveniently ignored due to various reasons, one of them being the difference in perception of certain key concepts fundamental to the implementation of a transitional justice system in the country.
This fact among others led to the development of the public relation strategy, which is a marketing strategy that mainly aims at creating a new public image or perception on someone or something and it is commonly applied in a situation whereby the media has negatively portrayed something or someone thereby damaging its reputation.
Generally, it can be affirmed that Statute of Frauds fall under the notion of Uniform Commercial Code (Mallor, Barnes, Bowers and Langvardt 1-1250). Example: A and B entered into a contract to build a real estate firm. Later on, B sue A for damages as A was not able to complete the agreement on time.
The laws that govern criminal investigation, especially those to do with the collection and protection of evidence at scenes of crime have also been revamped in many ways to operate in the new environment and in order to utilize these new technologies, procedures and processes.
It was formed in the year 1985 and came up as an energy trader and supplier. During the year 2001, the company faced bankruptcy due to various reasons. It can be affirmed that the company faced bankruptcy due to the conduct of several ethical practices. Moreover, another reason for the company to face bankruptcy was due to the practice of unplanned and wrong accounting techniques.
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Zodiac Killer. Zodiac killer is the great unanswered serial killer mystery of all time. The serial killer operated between 1960s and 1970s. He used to operate in Northern California. The killer murdered victims in San Francisco, Benicia, Lake Berryless and Vallejo between 1968 and 1969.
The Supreme Court, which was previously called House of Lords, took over the title of Supreme Court as the uppermost court of England and Wales in 2009. The Court of Appeal and the High Court can place appeals to the Supreme Court. The Supreme Court can have nine judges for hearing appeals, but usually there are only five.
The Court of Justice of the European Union was established in order to successfully implement the EU law across all the European Member States. Due to certain inconsistencies and misrepresentation of EU Law principles it became mandatory to introduce Preliminary Ruling Procedure.
Through the use of several PaperTabs, it is easier to use the phone as it makes it easier to work with several documents and is designed in the sense that it can send an email by placing the Paper Tab in an out tray or by simply bending the top corner of the display or that a larger drawing can be made by simply placing two or more PaperTabs at each other’s side.
Moreover, there are various court systems across the globe with diversity notable with structures, type of law applied, systems of appeal and referrals among other feature. Besides, adoption of common systems of justice by different countries is a common feature as presented within this case study.
The national strategy was aimed at renewing American leadership so that the nation advances its 21st century interests. This strategy recognizes the basic connection between the states’ national competitiveness, national security, resilience, and moral example.
Such institution assists in providing solitary confining to inmates, reducing their level of contact with the rest of the society and other programs. The institution assists in increasing control over inmates known to be violent, assaultive and most likely to promote disturbance within the general prison population (National Institute of Corrections, 1997).
Center of discussion in this paper are contracts, bilateral agreements where two or more parties come to a consensus. The parties involved must additionally have the mental capacity to perform what is laid out in the contract and such a contract is enforceable under the law as long as the terms are not illegal, indeterminate, trifling or impossible to perform.