Law Essays

This research tells that the arguments against the importance of helmet laws include that crashes only affect the rider, helmet use raises health concerns and rider training is more useful. Helmets limit the rights and the freedoms of individuals, helmet use encourages risk-taking and failing to use helmets is comparable to other risky behaviors which have not been restricted by the government.

The author states that sexual violence is one of the most prevalent crimes against children and women in the western hemisphere, most likely because it is targeted at society’s most vulnerable populations. Indeed, women and children of all backgrounds, ethnicity, race, age, family structure, and socioeconomic status are at risk of sexual offenses.

This paper will also examine the origins of individual rights within the context of natural rights, and how natural law limits human rights protections. In this way, it can be shown why absent physical power to effectively halt the murderous Sudanese regime, victims have neither national nor international legal recourse.

The author states that the scope of the treaties and lawmaking bodies has to be comprehended in order to appreciate the constitutional implications in respect of being a member of the European Union. Moreover, it is essential to understand the lawmaking process and the manner in which these laws are enforced in the legal systems of the Member States.

The question of available protection for new products which are software is a complex issue. Under UK law, the Copyright Design and Patents Act 1988 (“the Act”), software is protected by the law of copyright. Although this is a powerful form of protection against authorised copying of code, it may not be adequate to protect novel underlying ideas behind the software.

The notion of authorization was elucidated with this ruling. In this case, the House of Lords interpreted the word to authorize in the light of the Copyright Act 1956. It held that authorize meant to permit or permit by implication, a third person to perform an act; either on his own behalf or on behalf of the person to whom the right had been granted.

The benefits offered by the internet are manifold and do not conform to the boundaries of any one particular nation-state. It is an era which wherein a significant proportion of key ideas of the modern regulatory state are devoid of a common currency. Hence various sectors in the industry believe that internet censorship has lost its feasibility.  

The author states that the illegal drugs trades have led to an increased emphasis in the criminal penalties and hindrances through the mechanism for controlling illegal drugs problems in order to prevent and reduce the number of expenses incurred by the government through the department of criminal justice, in fighting trade of illegal drugs.

The author states that the availability of health care was mostly reserved for the rich. Even then, services were often concentrated in certain areas, inadequate in others or nonexistent in many rural and/or poor localities. Societal demands began to equate quality health care with an advanced culture.

The author explains that in maritime law an aggrieved party has a property interest in the vessel or other tangible item involved in the amount of the accrued liability and this right is a maritime lien. In rem is an action directly against the vessel bearing the lien. An in rem can only be brought to a federal court as a court of admiralty.

Native American policies, including the creation of reservations and the movement of tribes onto reservations, was accomplished through an executive order (Wilkinson 65). Executive Order 9066, which was issued by President Roosevelt in 1942 resulted in the internment of Japanese Americans into camps in reaction to Pearl Harbor (Ramsey 166).

International law governs the legality of invasions and self-defense among nations based on the agreement such as the Geneva Conventions and other treaties on the use of weapons. It is regarded as paradoxical to apply a law to war, even in the conduct of armies, as technically war is a state emergency and a fight for survival.

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) 

Looking at the aspect of crime from a cultural criminological perspective, the criminological behaviour would be required to be reinterpreted as a practice for sorting out certain psychological and emotional conflicts that are in turn viewed as being lastingly linked to various features of contemporary life (Hayward, 17).

The section further elaborated that companies’ patent rights shall not have any effect on the medicines so produced by the government. The step ensured the supply of medicines at an affordable price to protect the general health of citizens. The major purpose of the law was to meet the ever-increasing challenges with regard to AIDS treatment.

The ECJ stated that every national court must, in a case within its authority, apply Community law in its whole and defend rights which the latter grant on individuals and should for that reason set away from any rider of national law which may clash with it, whether earlier or later to the Community rule.

It is an illegal secret agreement concluded between competitors to fix prices, restrict supply and/or divide up markets.  The agreement may take a wide variety of forms but often relates to sales prices or increases in such prices, restrictions on sales or production capacities, sharing out of product or geographic markets or customers.

The basic demand of the inhabitants of a democracy from its constitution, social governance and administration is to obtain the scope for living a peaceful life, respect for the basic rights and being protected from any form of social arbitrariness. Criminality is essentially a social vice, not an isolated process.

The author is an assistant professor of criminology at the University of Ottawa in Canada and a lecturer in criminology at Carlton University also in Canada. She is the founder of ACCESO INTERNATIONAL which seeks to provide educational opportunities to students in economically disadvantaged countries. 

This research will begin with the statement that energy from waste is the process of creating energy by incinerating waste. This energy may be in the form of electricity or heat. As the plant involves combustion of solid or liquid fuels, the incineration process produces emissions which may be in the form of acid gases, particulates, dioxins or ash residues.

There are numerous pecuniary benefits for crimes which can explain about thirty percent of the overall effect of crime in the cities. However, this is much less than crimes connected with certain other urban areas which involve some nonpecuniary crimes. These nonpecuniary crimes include assault or rape.

This domestic law was enforced because there was a need not only to define individual rights and obligations but to delineate where the practice thereof transgresses into those of others.

The lack of clarity and dependency on ad hoc judicial decisions is undesirable in addressing the right to privacy and the interpretation of Article 8 has been disappointing in clarifying the legal parameters of privacy protection in the UK. On the other hand, the practicability of implementing a separate law of privacy is also questionable.

The author of the paper states that Denning LJ’s decision in Oscar Chess v Williams was focused on the relevant criteria for determining whether a representation constituted a warranty that was enforceable under contract law.  Directly related to this was the consideration of the appropriate test for determining the contractual intent of the parties.

This paper deems to discuss the statement: "When the Labour Government came to power 12 years ago workers had no right to minimum pay, no right to paid leave and the imbalance between work and family life meant that workers often had to choose one or the other at a cost to themselves and the economy ..... We had a mandate and a mission to change that and we did."

The World Wide Web denotes its name exactly, a world all on its own. The digital media that is the internet brought a revolution to our culture and society. Access to the internet empowers any individual in ways that would have just been a dream decades ago. It has equipped people with the ability to transform the convergence of information.

The much-vaunted set of human rights protection collectively known as the European Human Rights Convention (Convention hereafter) originated in this part of the world and is presently governing human rights protection, the existence of two contending powerful supranational organisations is muddling the European landscape. 

Admittedly, the Constitution forms a framework for the functioning of the Federal government and outlines the nature of alliances that the Federal government must form with its citizens and its member states. It was first adopted in 1787 by the Constitutional Convention that took place in Philadelphia.

The Aarhus Convention is a multifaceted agreement binding member European nations to facilitate; matters of justice access, a participation of the public in governance as well ass access of information by the public. The agreement was adopted in 1998 and two signatories meetings were arranged, one in 1999 and the other in 2000.

The author states that the Immigration Act of 1965 was passed by the Congress government of the country sponsored by Ted Kennedy, the senator of United States. With the new Immigration Act, the national origin formula that existed from the days of the previous Immigration Act of the year 1924 was abolished.

The Classical School theories on crime were developed in the 1700s through the work of Italian philosopher Cesar Beccaria and English philosopher Jeremy Bentham as social changes were taking place due to changes in the socio-economic structure of society.  The philosophical foundation of reason as an approach to the nature of society.

The passage of the Companies Act of 2006 has brought about certain key changes, which may be summarized as follows: (a) refining of the scope of director duties  (b) promoting shareholder engagement in the functioning of the Company (c) simplifying capital maintenance provisions and (d) facilitating e-communications.

The author states that in some cases, the tort of negligence is unintentional where the defendant would have no intention of causing harm to the plaintiff. Likewise, society is becoming complex and careful consideration ought to be taken in making claims under the tort of negligence as going to be critically analyzed in the given case studies.

This problem is made more intensive in areas where human rights are violated and the national law does not provide the protection required; because of such phenomena, power has been given to the International Courts to intervene in order to resolve such crises. However, often the solution is not clear.

The European Union Bill 2010 has been the subject of many heated discussions in the past months. Since the British Coalition Government assumed into office in May 2010, the idea of passing a bill that will look into the powers of the Parliament has put forward.

This research will begin with the statement that labor relations are regarded as the study of relationships which exists in the workplace among employees as well as between workers and employers in different organizations. It represents all the employers as well as employees, the government of the country, and also other types of organizations and institutions in society.

The Competition and Consumer Act 2010 (previously known as the Trade Practices Act 1974) is an Act of the Parliament of Australia. It seeks to promote competition, fair trading as well as providing protection for consumers (Miller, 2012).  It is administered by the Australian Competition and Consumer Commission (Cth) (CCA).

The author states that it has also been observed that drug trafficking organizations in the US vary significantly with organizations in the other nations. Nonetheless, the transformation in the management style of the drug trafficking organizations is ascertained to lay a considerable impact on the law enforcement agencies in the US.

The research strives to prove that male children are more likely to commit felonies than their female counterparts are. Educated juveniles are less likely to commit crimes. Younger children are less likely to commit crimes. Adolescents, on the other hand, are most likely to commit crimes.

Law has been defined as the commandments and regulations which are enforced by the dominant group that controls the structures of nation-states. Ideology, on the other hand, refers to the dogma, parables, and faith that channel the direction of nation states. In simplistic terms, it would be easier to deduce that law is an extension of ideology.

The most common kinds of intellectual property include trademarks, copyrights, industrial design rights, patents, and trade enigmas in some jurisdictions. According to Sherman and Bently (1999), “The British Statute of Anne 1710 and the Statute of Monopolies 1623 are now seen as the origin of copyright and patent law respectively.”

Ultimately, it is essential to clarify for an expert that s/he is being remunerated for the effort and time to give evidence, not for the evidence. If an expert is prominent for his/her truthfulness and impartiality as an expert, s/he can be of tremendous use in assisting lawyers in successfully resolving or settling a case.

The paper tells that Salomon has been in Australian corporate law for a very long time, the ramifications of the separate legal entity has not been yet fully implemented, thus the shareholders even having control and ownership are not be equated with a corporate entity. 

There is no evidence that torture leads to the better outcome in criminal investigations or prisoner’s long-term behavior. On the contrary, torture leads to a permanent memory of resent that may affect the harmfully personal life of prisoner’s in myriad ways. The assimilation of such prisoners to the society would become much more difficult.

This case involves a rare gouache painting known alternately as “Menageries” by the famous artist Marc Chagall, which was stolen in the 1960s from the Guggenheim Museum by a thief who had never been apprehended.  In 1967, the Lubell family bought the artwork from a local art gallery without knowing that it had been stolen.  

The police personnel of a state usually use their power in their territorial area of responsibility. The role of police in society cannot be overstated. Police force can be used both for civil protection and political protection. Civil force is that aspect of policing that is concerned with enforcing criminal law.

The history of antisocial behaviour dates back in the early 19th century when various scientific studies revealed the occurrence of individuals who were mentally healthy but continued to behave in a manner that was unacceptable to society despite having knowledge regarding their antisocial conduct.

The author of the study would undertake criminal justice principles to examine the ethical status of prison research. It is somehow important to know the behavior possessed by prisoners behind the bars. This insists author to employ peter principles to better analyze the situation. Furthermore, the author of the study is interested to put a glance at court system & the significance of laws in this context.

The role of forensic evidence in the determination of cases came under criticism in the Jill Dando case that saw the conviction of Barry George, the suspect in the murder case and later to his acquittal after his third appeal that was heard with the exclusion of forensic evidence succeeded. Jill Wendy Dando was born in November 1961 and faced her death by shooting in April 1999.

When parents divorce each other it becomes a necessity that the custody of their children in their minority age is determined and solved amicably. Parents hold key to the access of rights by their children and this includes divorced parents. These rights include but not limited to health care, education, and security. Administration of these rights by the divorced parents brings problems.