The law of tort is unique in the sense that it solely deals with the persons who are victims of some wrong committed by others. The defendants here might be individuals, group or even the state, which have, directly or indirectly, been responsible for inflicting injury on the innocent party.
According to the IPPR's report, if the youth justice system was going to "prevent offending by children and young people," it was going to have to give consideration to "the home circumstances and the quality of life of young offenders (Arthur 2004)." In response, England and Wales undertook the task of redesigning the youth justice system in an effort to make it more responsive to young offenders' needs.
Hire a pro to write a paper under your requirements!
Win a special DISCOUNT!
Put in your e-mail and click the button with your lucky finger
As a matter of course and as a matter of law, the said directive cannot be transposed into a statute which attaches the qualification or condition that the payment of the afore-mentioned compensation can only be made if the accident is due to the gross negligence of the employer.
They also signed 5 other protocols. The main objectives of the Convention are to maintain and protect the Human Rights and Fundamental Freedom, to achieve the unity between the members of the European Countries, to implement collectively the Human Rights proclaimed by General Assembly of United Nations as Universal Declaration of Human Rights on 10.12.1948.
enforceable contract; namely offer, acceptance and consideration (it is important to note that parties entering into a contract must also have legal capacity to do so and it is presumed from the facts given that capacity is not an issue in this case). Lord Wilberforce asserted the rule for formation of contract in New Zealand Shipping Co Limited v A M Satterthwaite, The Eurymedon1:
This provision will come in some time after the main enforcement date.
The old corporate manslaughter law was universally condemned as wholly inadequate. Under the new law, which applies across the UK, an organisation will be guilty f corporate manslaughter (corporate homicide in Scotland) where a fatality was caused by a "gross breach" f a duty f care and the handling f the organisation's activities by senior management contributed substantially to the breach.
The author states that the Defamation Act of 1996 falls short in addressing the problems created by the globalized context. Especially the provision called “Justification” puts the entire burden of proof on the defendant. In 1997, The Sunday Times tried to prove the truth of report about Albert Reynolds, the former Priminister of Ireland.
26). Nowhere is there an intention indicated, tacit or explicit to involve in the corporation people who are not related to them by blood. Instead, we can read from the minds of the spouses Paul and Mary, the intention to maintain control of the corporation by family-related stockholders to the first degree of consanguinity.
The essay shows that conceptual art has emerged as a prominent and often controversial aspect of post-modernist expression. The boundaries between 'art' as original creative works of painting, sculpture, literature, or music are entitled to copyright protection, and non-original and non-copyrightable 'objects' are blurred to the point of being indistinct.
The author states that anti-competitive practices controlled in this manner can encompass predatory pricing, tying, refusal to deal, and such. Another aspect is the supervision of mergers as well as acquisitions of big companies and this includes some joint ventures. Transactions that are regarded as a threat to the competitive procedure can be banned.
For example, nobody has the right to enter my house without my permission. In any case that happens then my right to privacy has been violated. Over the years, this concept has evolved and assumed other meanings and definitions; it does not necessarily have to involve someone barging into my protected space without my consent.
Perhaps they are diagnosed with an illness that requires extensive treatment. Then they have medical bills to pay. Even if they have insurance, it can add up to a lot of unexpected expense. Not only that, it may be difficult to work while ill or while undergoing treatment.
He is joined by a hundred and twenty five other football players of various teams who have filed for the same cause: repeated head injuries sustained as a result of playing with the league (Fenno 2012). The lawsuit claims that NFL intentionally hid the information from the players that repeated head injuries could be sustained, and could incur serious brain damage later in life, leading to neurologic disturbances and degeneration (Fenno 2012).
Islamic scholars views man as the representative of God (Allah in Islam) on the earth. Therefore, according Islamic philosophy, human being’s sole duty is to lead his or her life according the codes given by God. His duty is to obey the divine law. Necessarily, a devoted Muslim is bound to follow the Islamic rules and laws in important issues, of life, like marriage and divorce.
The case Baird Textiles v Marks & Spencer involves the question of contractual terms to be implied by the parties’ conduct during the operation of a running contract. The plaintiff had been under the impression that by virtue of the particular buyer-relationship policy of the defendant.
These two systems are similar and dissimilar in a certain capacity. Therefore, this document will point out some of the similarities and differences that exist between the two systems, juvenile justice and criminal justice systems.
There is also reduced awareness among the disabled prisoners in various correctional facilities, which makes life difficult for them. Therefore, it is useful to commend laws such as Americans with Disabilities Act (ADA), The Prison Litigation Act (PLRA) and Convention against Torture that are helping disabled offenders to survive in prisons (Delgado & Delgado, 2009).
The system has the nutrients of the entire macroscopic which consist of investigation and then punishment of the criminal for the crime committed. In the paper the writer shall analyse how the criminal law works with the criminal procedure and the path taken by the accused starting with the arrest till the time he is convicted for the crime committed.
This research is governed by the following research question, which will aid in attaining objectives and aim of the research: Whether what a person does is dishonest according to the standards of honesty and reasonable people? If the answer is yes then a further question should be asked: Whether the defendant realised that honest and reasonable people would find his actions as dishonest?
The legal issues arise from the question of whether the captain and his officers acted in the right way during the events that led to the accident, as well post-accident events. Before the accident, the captain and his officers are said to have acted in a way that was careless and, thus, the captain has been seen as responsible for the damage that was done.
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.
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).