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Arbitration does not mean that the two involved parties can create their own set of independent rules in order to settle their differences out of court. Arbitral methods are based on the legal system itself. These need a basic legal structure and a set of municipal laws with respect to which the arbitrators can award a resolution.
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The Court of Appeal in X vs. Y took note of the matters relating to unfair dismissal should be interpreted inconsistently with the rights under the convention. To this extent, in consideration of the arguments raised above, an employer will be expected to respect the right to privacy which is expressly recognized by article 8 of the convention.
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The author states that in ordinary circumstances, it is the responsibility of the Ministry of Justice to oversee the entire justice procedure. It is responsible for justice being meted out from the time when a suspect is apprehended to the time they are charged with a crime and incarcerated.
Territorial jurisdiction requires a law enforcement agency to work within a particular geographical area and an officer can only be authorized to work within the limits of the state in which he or she got sworn in. However, in an incident where crime occurs in two jurisdictions, both jurisdictions would be responsible for investigations through a joint task force.
Even if the parties have a series of responsibilities resulting from the contract signed between them in many cases the terms of the contract are not strictly followed by the parties. Although this is a common phenomenon in contracts generally, the lack of appropriate behavior by one or more of the parties involved in this contract can lead the rest of the parties to severe damages.
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The author states that the Cohens appealed to the Supreme Court of the United States against the fine imposed by the Virginia court, pleading the legality of their sale under the 'Act to amend the charter of the city of Washington', passed by Congress in 1812, which permitted the drawing of lotteries.
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The paper tells that it is generally considered that the commercial all of the united kingdom facilitates and encourages international trade, by having a set of simple rules which the English courts strictly follow And applied to aspects such as ‘Cost Insurance And Freight’ and ‘Free On Board’ contracts.
The case Taylor versus Caldwell highlights controversial elements pertaining to whom should absorb losses in the event that a situation arises causing the performance of the contract to be impossible. Moreover, the objective of impossibility implies that neither party could have fulfilled their obligations with regard to the contract.
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In a dual system like ours, there are two different streams of court and have their own areas of adjudication. Normally no court interferes in the matters of the other stream. But in case of Ed Johnson, instead of preferring an appeal in the District Court of the state, the attorney filed an application for de novo trials.
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Reportedly, in response to such a treacherous act, the Congress passed a resolution which authorized the President to "use all necessary and appropriate force against those nations, organizations, or persons” which the President “determines planned, authorized, committed, or aided the terrorist attacks".
The legal rules of valuation of newly issued shares of stocks of public and private companies is true to the extent that public companies are limited to the valuation by market forces as indicated in their prices in stock exchange markets and to the extent that there are no fixed rules for valuation for newly issued shares by private companies.
The author states that the most common drugs that are abused are recognized as alcohol, amphetamines, barbiturates, benzodiazepines, cocaine, methaqualone, and opioids. The United Nations estimates that there are approximately 50 million drug abusers worldwide when factoring in the use of synthetically manufactured drugs.
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The significance of water is such that the right to water has been aligned with human rights at international law. The Committee on Economic, Social and Cultural Rights made this assessment in its General Comment No. 15 (2002). Paragraph 1 provides that water is a limited natural resource and a public good fundamental for life and health.
One of the key characteristics of the above system is its partial dependency on political interests – referring to the power of certain states to impose their view mostly because of their position in the international community. In order for any potential doubt in regard to the System’s credibility to be eliminated, an appeal level has been introduced.
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The traditional system of tort law relies on three elements in arriving at recovery for the plaintiff; this includes harm, cause and breach of duty. For the victim’s case to be maintainable in law, therefore, he or she must have suffered some harm or injury, such injury or harm should have been caused by the injurer or defendant.
If we apply the reasoning by analogy to the French position, the charge is being imposed as a result of the recent pest infected hop farms in Belgium for the purpose of testing suitability for the French market. However, as the principles discussed above demonstrate, the purpose of the fee is irrelevant to the consideration of infringement.
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According to the national institute of justice, in 2005 alone 11, 346 were killed by firearms, whilst 477,040 committed crimes using firearms. Guns are seen as a threat to the society, as they are often used for crimes other than self-protection. Assassinations are evident, starting with the 35th United States president, John Kennedy in 1963.
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The author states that corporate crime refers to the various ways, illegal and unethical, in which corporations pursue profit without regard for the well-being of employees, communities, or even the company itself, causing severe detriment to health and human rights and even death.
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National Advocates for Pregnant Women indicated 413 criminal and civil cases in the 44 states inclusive of arrests, detentions and the deprivation of pregnant women's independence during the period of 1973 and 2005. They expect a manifold increase in the days ahead. The report itself speaks that women were denied of their basic human rights.
Opponents can argue that interviews and observation cannot work because there is a possibility that interviews, for example, may decide to impersonate themselves or even fake the information they give to the researcher especially if they happen to know that they are being questioned in connection to a particular crime they committed before.
Older offenders are defined in the UK as persons ranging between 60 and 65 years and are implicated in the criminal justice system. Practically, persons aged 50 may not categorize themselves among older persons but is legally considered a suitable threshold among the group in recognition and acknowledgment of the realities they are faced with.
The sex bias in the system of juvenile justice has been an issue of vehement debates and extensive research. In the broad circle of researchers and reformers, there is an opinion that females are more frequently referred for status offenses and often receive harsher treatment than male offenders for more serious crimes.
With George, it is known that Arthur intended to inure him from the point of leaving the house. It could be argued that the action of George running into the path of the bus broke the chain of causation; however, the prosecution is likely to argue that George would not have felt the need to run away if Arthur had not tried to attack him.
We can witness the establishment of performers’ right on an international and national level at the dawn of the 21st century. The first international treaty that dealt with the moral and economic protection of the performers, producers of phonograms and the broadcasting companies were the Rome Convention of 1961.
The author states that the industrialized and developed nations are the chief perpetrators of harm to the environment and are the principal contributors to global climatic change. They are responsible for the high emissions of dangerous gases into the atmosphere. The industrialized countries must reduce their carbon.
Fusion of the two separate jurisdictions would amount to “unprincipled cross fertilisation” Sir George Jessel stated in Salt v Cooper that the main object of Judicature Acts 1873 and 1875 was not the fusion of law and equity, but the vesting in court of all the administration of law and equity in all actions coming before that tribunal.
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The author states that Anti-Asian racism has existed in the United States since the first arrival of Asians. Anti-Asian racism is due to acts of discrimination and prejudice. Even after 200 years, Asian Americans are unable to gain equal rights and are subjected to hostility and harassment.
The idea, presumably, was that no one who had drugs could get away with it – thus, even drug moguls, for all their power and wealth, would be unable to bribe their way out of jail. All in all, in theory, this is a good aim, though the measures entailed may be a bit drastic. However, in practice, it went horribly.
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Capital punishment is a highly debated subject all over the world. Life is so precious since science or technology failed to unveil the miseries of life till now. Capital punishment is normally given to criminals who cause severe damage. Advocates of capital punishment argue that hardcore criminals will never rectify their behavior
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Violence across the globe has increased to such an unimaginable extent that it seems almost impossible to reverse the current situation back to normal, by ordinary means. Moreover, there is confusion about tackling the problem of terrorism not only on the individual level but also on the national level.
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The paper tells that in internal legal and arbitral proceedings, party-selected and party-appointed arbitrators and judges play distinctive useful and practical roles. Their presence encourages parties to submit themselves to the court body’s jurisdiction assured by the idea of the presence in court of someone who can help them clarify and expound on their positions vis-à-vis international laws.
In the eyes of the law, such a patient has the right to treatment and consent, which can be taken on behalf of the patient’s legal guardian. The doctor is guilty of committing a serious offense and thus, committed murder without consulting the legal guardian and taking the matter to the court. The rights of the patient had been violated.
The companies qualified their tenders. This is not a counter offer because there was no offer made originally by UCL Property Developers. A counteroffer rejects the original offer and its acceptance leads to the formation of a fresh contract made without any regard to the original offer. In this case, the qualified tenders are not counteroffers.
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Preventing criminal activity in the modern era requires the gathering, coordination, analysis and interpretation of massive amounts of data. Law enforcement has advanced database technologies and computer software analysis programs which are designed to work in concert with more traditional detection tools.
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Illegal global drug trafficking has been one of the biggest international issues and it continues to be a hurdle in eliminating international crime. It is one of the problems that have been skipping the confinements of the law through loopholes. What makes this problem really serious is the extent of drug use throughout the globe.
The enactment of PACE brought about significant reforms that effectively laid down the legal framework within which the police could exercise their powers. According to the recommendations of the Fisher report, PACE demarcated the lines of authority that the police had to adhere to while conducting their duties.
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Uganda, an African country, has historically under the governance of the United Kingdom. However, in the year 1962, the country has received its independence from British rule. The people of the country consist of a diverse mixture of different ethnic societies and different linguistic as well as cultural groups.
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The author states that the law of immigration of the United States further oversees all the processes under which the aliens might enter the country gain a residential status and become a naturalized citizen. The duties of enforcement of the US immigration laws are usually shared by a large number of agencies.
The ethical controversy over the use of surveillance technology in the criminal justice system often revolves around its infringement of the personal and political liberties of the citizen. Besides the social justice and civil liberties controversy surrounding surveillance issues in the criminal justice system.
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Most states in the United States support capital punishment and since the Furman’s legal challenge, which struck down the federal US and states capital punishment laws leading to its revision, the public has witnessed prohibition of death penalty on mentally retarded criminals, and on offenders who were below 18 years of age when the crime was committed.
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Initially, the minimum drinking age in the USA used to be 18 years. However, there was a dramatic rise of many negative impacts to a point that legislatures had to amend the law in most states. Some of the negative repercussions that were being associated with having a low drinking age of 18 included the numerous accidents that were happening.
In exchange, these same institutions have largely profited from the innovations uncovered by their research staff via a contractual obligation that such research largely remains the property of the academic or research institution itself. Naturally, some concepts and theories uncovered via research are more profitable than others.
The author states that the agency of necessity will have to play the role of doing what is prescribed to be done, as like a good father of a family. The rules relating to the agency of necessity are called from so many disparate sources that it has proved consistently impossible to forge the law into one coherent body of doctrine.
This essay analyzes that cheap labor has been one of the driving economic factors behind the shift in the global economic power map, labor laws in these countries have come under sharp attention. It's important to highlight that China recently added to the debate by tightening its employment contract laws even further.
Unlike the legislation of other systems, the EU enforces an environmental law system that the Member States must strictly follow. Regulations in the EU system constitute the most powerful instruments for enacting laws. This is due to their mandatory nature and direct applicability, without any modification or deviation being permitted.
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The ownership interest in the shop located at the upmarket location in the City of Edinburgh can be evaluated as follows. The rent is at FRI (Full Repairing and insuring) terms for a lease of £148,000 per annum with a provision for upward rent reviews based on open market values every five years until 2020.
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The author states that due to the presence of different light bulbs including the incandescent bulbs, energy saving light bulbs and decorative lighting in the market, consumers could easily purchase based on the product’s market price and quality. In fact, the availability of the LED offers the consumers a wide range of decorative lighting.
A contract is a legal tool signifying the meeting of the minds between parties to deliver certain goods or perform specific services. In order for a contract to be valid, certain requisites must be met - an offer and its acceptance, legal consideration, capacity of the parties to enter into contract and compliance with the formalities of contract.
The author states that the nature of consumption is such that for most of us, simply listening to or viewing the material once is sufficient to complete the experience-consumption of the good. It also goes without saying that physically, audiovisual goods are indistinguishable from each other.
Notions of “the common good” serve to identify a common interest within a population of people. Those things or activities that match “the common good” are thus identified as good in a moral sense. Because a common good is shared by most, if not everyone, in the political community, there is a strong interest in codifying those things.