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In Webster v. Reproductive Health Services, 281 American historians signed an amicus brief which claimed that Roe was consistent with the nation's history and traditions. This article respectfully questions the basis of such conclusions and the 281 historians' claim. (Finis, 1994)
Corruption within the ranks of those entrusted with powers over the populace cannot be explained simply by claiming a certain percentage of people are just born with a malady of some sort that compels them to deviance. Sociologists have attempted to understand why 'good cops go bad' by exploring how genetic and psychological variables influence a person's judgment skills.
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The testamentary freedom will be mediated by the need to support a spouse or cohabitate, as well as the dependent children of the deceased person. According to Rosenfield testamentary freedom is “the power to acknowledge the existing claim structure within a family and to set priorities among claims.”
Several reasons have been cited why legislatures impose death penalty in the first place (Tushnet 2). The reasons they cite, among others include death penalty being a deterrent for the commission of other crimes and also to incapacitate or prevent each criminal “from continuing to commit a crime” (Tushnet 2 & 5).
The rationale, as described take the approach that failure to prevent such conduct when it is well known amounts to authorization on the part of the employer. Moreover, the employer has both a common law and a statutory duty to protect all of its employees from serious risk of harm and they failed to do so in Malcolm’s case.
My advice to Maria would be to apply to the courts for a non-molestation order and also request that an occupation order be issued to forcibly remove Homer from the property. If the courts are convinced that Homer and Maria were, in essence, a couple then Homer is nor likely to be excluded for the family home.
Marijuana offenders, in modern times usually comprise of those people charged with simple possession of the same as well as the ones who actually trade in it. These people, once caught can be denied the right from entering any form of college as well as small business or farm loans, the subsidiaries on farmlands and different types of occupational licenses can also be canceled.
It is the author’s contention that, given the weight of evidence, one result of regular application of the death penalty is a reduction in those species of homicides (e.g., felony murder) for which it is an available punishment.
Section 176 reformulates and replaces the equitable principle that fiduciaries must not accept bribes or secret commissions: Attorney-General for Hong Kong v Reid [1994] 1 A.C. 324, PC. Under this duty, some issues may have to be considered. First, how does the Act define a benefit? Others argue and relied on a de minimis rule
The Utilities Directive differs from the Public Sector Directive in two significant aspects (a) it allows scope for negotiated contracts as represented through framework agreements and (b) it allows for the use of mandatory lists. Where both these aspects are concerned, it may be noted that there are both advantages and disadvantages
There needs to be a discussion about the effect of counteroffers and the battle of forms principle that is used to decide when a contract has been accepted. It will also be necessary to examine the postal rule in order to determine the date from which the contract should be regarded as valid.
The cumulative impact of the sales together with the negligent conduct of the loans render the directors individually and collectively unfit to manage a company. For this reason, they should be disqualified under the Company Directors Disqualifying Act 1986 for at least the minimum period of two years.
The major issue that arises in this case is whether the statute in question has hindered the free exercise of the defendant’s liberty of expression in violation of the due process clause of the Fourteenth Amendment. The defendant contends that his action falls within the purview of his fundamental, constitutional right to free speech.
The said Act, viz., Section 61, Chapter 1 of Part 4, which also established a Supreme Court in the United Kingdom and abolished the appellate jurisdiction of the House of Lords, endowed the JAC with three functions: to base appointments on merit alone; to consider candidates who are of good moral character, and; to “encourage diversity” among applicants (CRA 2005).
The European Parliament is the final authority to pass the EU regulations from time to time. However, it gets necessary feed back and other relevant information from the Council of the European Union from time to time. In other words, the necessary EU regulations will be submitted by the European Commission and they get approved by the European Parliament with or without modifications.
While the English law does grant these couples a civil partnership, they are still not permitted to be recognized as a married couple. Parliament argues that the Civil Partnership Act is parallel to marriage because it gives the individuals the same benefits as a marriage, but it falls under a different category because it is also meant to hold up the Biblical definition of what it means to be married.
Drug – facilitated sexual assault involves mood-elevating drugs or ecstasy drugs, which are administered to victims, without their consent, in order to render them defenseless against sexual assault. The use of drugs in sexual assaults is not a new development. Alcohol is extensively employed to disorient a person.
The Capitalist characteristics of the economic system are, private individuals and business firms carry on the production and exchange of goods and services through a complex network of prices and markets. The Head Committee shall not interfere in the economy's exchange of goods and services, whereas the Committee is largely responsible for establishing the markets in major enterprises.
Your letter stated that you have a fervent desire to engage in the sale of cannabis in your area under the Cannabis Licensed Premises Act of 2000 but that you were disappointed to hear that your application was denied. From the tenor of your letter, we presume that you were not apprised of the reason for the denial of such an application.
There are however occasions when this burden of proof can be reversed thereby placing the onus on the defendant to prove their innocence. It has been argued that this reversed burden creates unfairness in the criminal justice system as the defendant lacks the resources available to the prosecution for testing evidential findings.
The contract could not be carried out due to the prevailing wartime regulations. The court held this to be sufficient grounds for deeming the contract to be frustrated (Maggi, 2004.P. 316). Hence, the contract between Ben and the Iranian companies stands frustrated, due to the existence of a war in Iran.
Clearly, the obligation of confidentiality of the GP towards the patient is not an absolute guarantee of the law nor is it an absolute ethical norm. There are certain circumstances during the course of the practice of the GP that warrants the disclosure of otherwise confidential information about the patient.
It can be concluded that although the doctor has a duty to maintain the confidentiality between themselves and their patients there are occasions when the courts can order a breach of that confidentiality. Doctors can also have a statutory duty in some instances to disclose the medical condition of their patients.
The movement that came to be known as ‘feminism’ in the mid-20th century came into being as a reaction against the persistence of this bias. However, precursors to this movement can be traced as far back as the end of the 18th century. The Englishwoman, Mary Wollstonecraft is identified as one of the founding daughters (mothers?) of feminism.
Achievement of the purposes of nuclear non-distribution is not promoted at all by a position of nuclear powers which still insist that this weapon in their hands strengthens safety, and in hands of others creates a threat for an international peace. If we achieved steady progress on a way of disarmament such position would be not so menacing
Likewise with Dave it is necessary to discuss whether the courts would allow a defence of intoxication in respect of his actions against Emma. Consideration needs also to be given to the fact that Emma had agreed with the others in the group that reasonable force can be used in the capturing of the group. This included the use of ropes and sticks.
Perhaps it would be best to state that if affirmative action is to be promoted for the years of injustices that the minorities have lived through, it is best to let the minorities compete with the majority in the mainstream, and allowed to have some advantage over the latter on the basis of their race.
The author states that during the 1970s and much of the 1980s the UK endured persistently high inflation. Despite high levels of unemployment, wage increases in the 1980s exceeded productivity growth, provoking strong upward pressure on prices. The boom of the late 1980s created a new inflationary surge.
The Court of Appeal held that under the circumstances it was acceptable to allow a claim for the loss of the use of the lightship Comet or for the hire of the services of the lightship Orion. This was based on the notion that ‘by the wrongful act of the defendants the plaintiffs were deprived of their vessel.
A nation without borders is not a nation and this country has been losing control of the borders for many decades, losing prosperity, security, and autonomy along with them. One of the most important issues of the White House and Congress should be securing the borders, but homeland security is all but non-existent.
Slaughter (2004) highlighted the present ineffectiveness of ‘global governance’ and suggested possible solutions to these inefficiencies. For the author of this paper these suggestions for a more effective networking of the nations will not materialize until there is an equalization of power amongst the nation of the earth.
State responsibility is a fundamental principle of international law based on the doctrine of state sovereignty and equality of states such that whenever one state commits an internationally unlawful act against another state, the offending state is deemed to be in breach of an international obligation with a consequent duty.
Though there are a few exceptions that prove the rule, the vast majority of corporate executives in America serve only their insatiable appetite for wealth without regard for the wellbeing of others, even those within their own corporation. Recent corporate scandals of epic proportions have illuminated this scandalous and unforgivable state of affairs.
The United States of America has a very limited definition of treason. The crime can be prosecuted only if someone is convicted of waging war or helping the enemy of the United States of America with material assistance. Further, the crime can only be prosecuted if two witnesses can prove the crime.
The case of Mabo v Queensland should be considered as significant regarding the acceptance of the right of property by the indigenous population. On the other hand, in common law, there is the doctrine of terra nullius. Under these terms, the land of ‘Murray Island’ in Australia could be regarded as belonged to the Crown.
The uncodified constitution of Britain does not ensure the separation of powers at the national level. Moreover, it does not provide for a federal system of government. In the US there is an independent Presidency and Congress. The civil liberties in the US are protected by the US Constitution, which explicitly guarantees them through the Bill of Rights.
Threats to the environment are dealt with, and pariah states or terrorist organizations are checked. Europe may be the most important region in this regard, given its tremendous industrial capacity and its central role in global politics. In international relations, Japan, East Asia, and the Persian Gulf have become very important as well.
The court opined that the plaintiff had suffered a personal injury due to such stress at his workplace. The court held that the employer is expected to safeguard his employees from workplace stress including bullying and harassment. The employer had to anticipate such risk and take adequate preventive measures.
Not all errors are negligent in medicine because doctors are expected to make mistakes during the course of their careers. While malpractice suits attach liability when doctors depart from the ordinary level of care expected of their peers, exactly how juries evaluate manifest errors remains unclear.
In the European Union area, the European Convention for the protection of Human Rights is considered to be a legislative text of major importance referring primarily to the right to life , the right to liberty, the right to expression and a series of other rights (most of which are already recognized by the national law of all member states)
It is the assertion of counsel that the judge erred in making the comment that the disease is fatal as this is indeed not always the case given the availability of new forms of treatment. The court stated that the accused could only rely on consent if he could show that it was informed consent which in this case he could not.
The demise of the Taliban in 2002 brought hopes that the discrimination against women in Afghanistan would reduce and more importance given to the rights of the women. Six years have elapsed and yet the promise of improved women’s rights remains only on paper and not in practice in most parts of the country.
The courts have held that involuntary intoxication can only be used to disprove men's rea and cannot be used as a general defence for criminal action. In order for involuntary intoxication to rely upon the accused must have been so intoxicated that it would have been impossible for him to have the men's rea for the offence.
Since then, many attempts have been made to achieve a comprehensive code of international law, with the help of various governments across the world. The prime motivating factor for world institutions to make progress with the codification movement arises from the belief that by having a framework of written laws and regulations, international disputes and conflicts could be resolved without resorting to force.
The Act in itself carries no mention of privacy of the personal information of an individual, but contains the means that an individual can use to make sure that privacy is maintained with regard to personal information, for it contains a framework of rules that ensure privacy is maintained through the proper handling of personal information.
The Criminal code Act of 1995 (Cth) makes it an offense to access or modify computer data and section 477.3 makes it an offense to impair communications to and from a computer, What Snake is doing in effect is to divert communication from Shark’s site to his own and he would therefore be liable for the offense.
Company law includes the body of legal rules relating to the creation, management, financing and operation of companies. These rules have developed to protect investors, maintain confidence in the market and attempt to ensure that fairness is achieved for the various stakeholders connected to a company.
These two aims collided in the Factortame case, because the European Union’s Common Fisheries Policy, which had been established in 1970, sought to open access to fishing waters within the EU to all member states. However, once overfishing became a concern, each member state was given quotas as to how many fish could be caught in its waters.
The law of evidence determines what statements and physical objects can be used as evidence before a judicial court. It is of central importance under the English common law. Evidence must conform to a number of rules and restrictions in order to be acceptable. It must be issued in the proceeding to be more or less probable.
The implementation of the Protocol is aimed at facilitating the claims of the plaintiffs either by settling the claims at this stage before recourse to the courts or if resort to the court is inevitable, the proceedings at this stage will allow for a smoother and easier procedure when the claim is elevated to the court.