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The author states that the situs of litigation may be stipulated upon by the parties as it simply refers to the place where the parties to the agreement, contract or instrument may institute an action as well as which laws to apply in the interpretation thereof. On the other hand, the jurisdiction, power or authority to adjudicate and decide cases.
Clearly, in respect of the current situation it was the act of Trevor which had led to the harm and therefore the ‘but for’ test proves the fact that the harm was in fact caused by Trevor. The next issue would be that of determining the legal causation that is whether the act of Trevor was the substantial and the operating cause.
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10 pages (2500 words)
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This paper shall consider how these gangs came alive in the 1920s and 1930s and how they eventually lost their power before the onset of the Second World War. It shall also explain how some areas were controlled by the Jews but had Italian mob bosses like Lansky, Rothstein, Siegel, Luciano, Schultz, and Lepke.
The impact and importance of effective leadership on employee development, morale, and motivation will be a focus of this paper. In doing so, this paper will compare and contrast the theories of supervision by assessing the practical, ethical, and social impacts of those theories on employee development, morale, and motivation.
The author states that one of the approaches of this agency is the assessment and management of risk of sexual offenders who are released back into the community. Earlier, they used a static risk assessment tool called the Risk Matrix 2000 for assessing risks of sexual offenders reintroduced into the community.
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The author states that developments in genetics have played a critical role in various aspects of human life. The criminal justice system was among the earliest areas to be impacted by such developments because of the durability of the genetic material. Any biological material collected from the scene of the crime could be remarkably significant.
The Act is intended to compulsorily introduce adjudication of disputes in housing and construction activity, but there are some exclusions:
(a) Adjudication cannot involve parties who are residents of the constructed building.
(b) Contracts that are not in writing but even unsigned contracts will be deemed to be in writing.
It is widely agreed that the current crisis in the US health care system is due to higher prices for pharmaceuticals, physicians and hospital care. Although there is a consensus among policymakers as to what should be done to alleviate this problem, the required political will seems to be lacking.
The contract is governed by the will theory or the basic principle that the parties have the freedom to contract and all terms of the contract, including exclusion clauses, are governed by the free will agreement of the parties. Thus, under common law, courts are barred from adopting an interventionist doctrine in the contract.
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The discussion will revolve around statistical information gathered through various consumer stores as to how much-certified product has been sold versus uncertified; and, with statistical information gathered through interviews with forestry officials on the timber certification methods and their company history.
This essay discusses that the contractual agreement is carefully reviewed in order to identify the rights of the landlord and the responsibilities of the tenant regarding the above-mentioned issues. The assumptions of the courts in relevant cases will be also used in order to support the credibility of the suggestions made to the landlord.
The United Kingdom recognizes all marriages that have been legally conducted abroad. However, it does not accord the same status as marriage, to same-sex marriages that have been conducted legally in some other country. The proponents of same-sex marriages accuse the UK of willful discrimination against people who undergo the same sex marriage.
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The author states that acquisition allows pooling of assets, and exploiting of synergies. The resources can be combined although they have the option to retain their autonomy completely or partially. While M&A is described among the most important strategic decisions that companies ever make.
Finally, Officer Rombach of the Burbank Police Department prepared an application for a warrant to search all three of these houses, as well as all automobiles registered to the above-mentioned men. The application was reviewed by several Deputy District Attorneys, and finally, a State Superior Court Judge issued a search warrant.
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In most cases, it is seen that under CIF, the cost of insurance and outward freight charges are borne by the seller, and become a part of the cost price. Under such normal circumstance, the “risk” of the goods passes on to the buyer as soon as the goods have been placed on the carriage. (Cost, insurance and freight 2000).
Labour Relations Commission and Labour Court were started under the Industrial Relations Act to assist in solving of disputes in the industry sector. This was due to frequent disputes, between employers and trade unions or the trade union themselves. This made an impact on the productivity and working relations were made quite hostile and hard.
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The author states that members of the state of the ICC, as well as General, assemble Security Council have so far failed in defining the crime and setting out the conditions under which the Court shall exercise jurisdiction with respect to this crime; and no individual has ever been charged for this supreme international crime.
The Elementary and Secondary Education Act includes increased accountability for student performance; focuses on research-based teaching practices that have proven to be effective, reduced bureaucracy, and increased flexibility provided to states and school districts and increased parental empowerment.
The specific provisions that list the grounds upon which a court may refuse and enforce an arbitral award are that a court may not enforce an award if one of the parties had an incapacity at the time that the agreement was made; that the agreement is not valid in the country in which it was made, or under the law upon which the agreement was made.
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This research will begin with the statement that information is becoming public through the invention and innovation of the Internet. Accessing the data from the Net is becoming easy. But the Net is also a site of private activities and transactions. At certain extent, eavesdroppers are able to access and avail the information in the Web that is supposed to be private or confidential.
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The author states that the civil rights act was passed by the Congress in 1964 that prohibited discrimination in all forms. It also forbade employers from recruiting or relieving employees on the based on gender or ethnicity. While the issue of race has been the cornerstone of the Civil rights act, the inclusion of gender happened much later.
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Edward J. Tully and Willoughby write about the role of local and state police agencies in terrorism prevention. The scholars accept the fact that in the United States, the federal law enforcement and national security agencies have assumed a major role in anti-terrorism activities. These agencies are responsible for collecting information.
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In April 1990, the United Kingdom government was committed to reforming the system of local rates in order to ensure more effective control over local government. It introduced the Community Charge Policy or ‘poll tax’. Though every adult had to pay the Community Charge, the social security system provided aid to poor individuals.
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The author explains that Eric Cantor was engaged at Virginia House of Delegates from 1992 to 2001. During his entire career, he worked as a member of various committees like Science and Technology, General Laws, Corporation Insurance and banking, Courts of Justice etc. After 2000, he started focusing on his career.
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This Act took a while to be passed and has many efforts behind it. Yet, it brought great hopes to the people who are hoping for a better future now safe from smuggling. The nation keeps expectations from the government, and efficient government is proved when such minor technicalities are judged through laws just for the sake of encouraging safety
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Out of various strategies for controlling drug sale on the streets, action by the police should be well planned. Harocopos and Hough (2005) have devised multi-layered steps for effective police action. Drug policing approach should be transparent for stakeholders to view clearly. Law enforcement should be robust in intensity.
Legislations that affect the biotechnology industry come in two forms namely: regulation and market facilitation. The government has developed a well-coordinated framework for regulating biotechnology with the main aim of availing regulatory oversight of products and organisms obtained through genetic engineering.
There are basically 4 requirements of a contract. These include an offer that is made by a party, the acceptance and acknowledgment by the other party, both parties or groups genuine intention for creating a legal relationship with each other, and lastly, the consideration or the exchange of benefits. These are further discussed in detail.
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In terms of disadvantages, this system fails to provide an alternative for reforming offenders. It is like running away from the problem which is not a solution to the problem. Abolishment of incarceration also encourages offenders to continue with their wrongdoing because they know that they will not be punished for doing the wrong.
There is no hesitation that police work may be difficult, and it deserves much admiration and respect. Nevertheless, police officers have the ability to harm more people than nearly any other profession in the world. Police officers ought to be trained properly so as to ensure that they are using the authority in the best interests of the society.
Community-oriented policing contrasts heavily with rapid response. It is an enforcement oriented policing involving long term associations between law enforcement officers and the community they are policing. The policy involves sharing the process of crime control through groups like the neighborhood watch.
The firm may consider leaving its interests from the property or promoting the public right of way. The government can allow the organization to do its plea effectively. The top management may assume they need to conflict with the law due to trespassing. It is important to advise on the need for helping them explain the environmental issues.
The study would be focused on the identification of the key issues and finding the probable solutions to the humanitarian situation faced by LRC so that the organization can achieve the stage of sustainability in its business operations. The Libyan Red Crescent organization was incorporated in the year 1957.
The House of Lords’ decision in the case of Salomon v Salomon & Co Ltd established the corporation as a separate legal entity in common law, with an existence and personality separate from its shareholders. This case firmly established that when a corporation is incorporated, a new and separate artificial legal entity is brought into existence.
With judicial plea bargaining, the judge will give an indication to the defendant of the punishment he is minded to award if the defendant pleads guilty. This gives the defendant the option to consider whether to enter a plea or not. This can be beneficial to the accused as they are aware of the penalty involved before plea
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The paper includes cases that set precedents and clarifications of the doctrine and will also demonstrate how this it relates to employment and termination of individuals who commit resume fraud and illegal aliens who obtain employment in the light of their illegality.
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.”
In order to advise George and Michael, it is necessary to evaluate the extent of their rights under the Human Rights Act which incorporated the ECHR into UK law. Firstly, section 2(1) of the HRA asserts that “A court or tribunal determining a question which has arisen in connection with a Convention right must take into account Convention rights”.
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This research will begin with the statement that the past decade has witnessed significant transformations in the manner we, as individuals interact, conduct business, avail information, impart training and education, and develop and implement advanced technologies in activities concerning our day to day lives.
Through collective bargaining, many issues can be considered such as wage issues, working hours, workload, ranks in a department, promotional policies, transference and much more and all these issues can be resolved (Dantzker, 2005). The police officers today play a crucial role in terms of collective bargaining.
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The danger to human rights and fundamental freedoms were said to be the result of the control of the executive branch of the government over the parliament that is further buttressed by the bureaucracy. It was contended that the Cabinet has such significant influence on the prime minister and hence over the parliament.
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Public administration involves the fair and efficient management of government programs for the purpose of the public good. It encompasses organizing people to perform tasks for the accomplishment of the interests of the government such as the execution of government policy. It also involves the management of the government’s authority.
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The author states that the issues of privacy gain ground after the Data Protection Committee expressed its concern about the collection and compilation of centralized data by the Government. It gave rise to threats regarding the enormous power of the government and the consequences if such data falls in wrong hands.
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Many members of our society have been against the death penalty for many reasons. One of the reason is that we do not have adequate technology to solve the problem of death-row inmates who are innocent; in fact, human errors will always be a factor in criminal investigations. Sadly, human errors occur during the investigation.
The author states that in the context of trust, the certainty of trust refers as to who the beneficiaries or persons of the trust are. If the trust is a trust for individuals, this connotes that the persons who are to derive advantage from the trust must be comprehensible. The trustee must be aware of whom they have to direct the benefits.
The two states are situated opposite to each other with a natural passage or arm of water. Situated within this water strip are many islands - inhabited and just rocky outcrops with no economic function, some which are claimed by state A are within three miles of the coastline of state B but state A claims historic sovereignty over these islands.
The idea presented in the article is that the services of structural engineering and services engineering are interspersed while taking inspiration to some extent from nature and applying them to a large-scale conceptual design. The end-product of this endeavor is a so-called load-bearing product.
Punishment is the intentional and strategic infliction of suffering on an individual found guilty of a legal crime. Because the suffering inflicted by punishment for a crime often bears equal weight to the crime itself, punishment necessitates a fair amount of justification in terms of a comprehensive political and moral philosophy.
The CA 2006’s objectives were to address these issues and indeed, the government’s rhetoric in supporting the legislative reforms have suggested that the codification of common law and fiduciary duties now addresses the previous uncertainty pertaining to the parameters of director’s duties, particularly with the equitable fiduciary duty.
This research will make an earnest attempt to break the non-discrimination concept into its legal features of “likeness”, “less favorable treatment “, “regulatory purpose” after evaluating their individual importance. It will highlight how the elucidation of each legal feature impacts the reach and substance of a non-discrimination requirement.