The ICJ had made several important comments on the use and threat of use of nuclear weapons. First, it expressed concern regarding the protection of civilian entities from the effects of these weapons. It also made a clear distinction between combatants and non – combatants. Second, States that use nuclear weapons must not target civilian objects.
The author of the paper tells that there is a significant variation of the applicability of consent as a valid defense, which is inherently dependent on judicial categorization. On the one hand, it is submitted that this is necessary as the range of offenses and conduct potentially falling within the ambit of consent requires a flexible approach tailored to the relevant situation.
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YouTube was created in 2005 as a platform for sharing videos and today it has become a world’s most popular video sharing site and a billion dollar business. Google acquired YouTube in 2006 for $ 1.65 billion. While YouTube is soaring in its popularity, it is facing serious copyright issues for its user-generated content.
The author states that we hear about crimes day in and day out in the news. But what really is a crime? What makes certain acts criminal? What makes a person criminal? A definitive answer to these questions is elusive. The generally accepted definition of crime defines it as an act or omission that leads to penal sanction.
The Netherlands bars the payment of contingency fees to lawyers. As per Warren (1997), Netherland lawyers are charging on an hourly basis for the services rendered. As Netherland has introduced substantive law and the employment of legal assistance, only very negligible cases go to courts for resolution.
It would seem that although the rule approximates that of the role of a public policy, interest of justice is paramount over said rule. It is, therefore, the judiciary that would create the exception to the rule on veil on incorporation and as to what constitute interest of justice is a question of facts in relation to jurisprudence relating to the rule.
If there is a deadlock at the preliminary stage, the employers would be constrained to conduct a meeting, before which written notice would be served to alleged offending employee, describing the kind of offense and proposed a course of action. It would also allow him the right to have a companion and offer explanations.
The next step possibly the Commission can take is the second infringement procedure under Article 228 if a Member-State fails to comply with Court’s order pursuant to action taken under article 226. This will give an opportunity for the ECJ to impose a lump sum/penalty on the non-compliant Member-State.
Crime prevention is extremely important for the safety and security of the public. Reducing the risk of being a victim is the basic objective of crime prevention. Crime prevention means to reduce the crime rate and event disorders through the implementation of effective crime prevention strategies.
The most important issues in respect of exclusive possession are the fact that it gives ownership to the person for a specified period of time, and because of it being a proprietary interest, it can be assigned and may be binding on subsequent owners of reversion. In the case of a license, it is more of a personal right, binding on parties who created it.
The author states that attitudes and Cognitive Dissonance are the variables used in this hypothesis. The concept is that attitude is a learned behavior. The hypothesis is to show how they relate to and influence each other. Social psychology is concerned with social influences upon the individual.
The author states that the gap between the rich and the poor has continued to grow. Additionally, the poverty rate is still growing in many welfare states across the world. These trends have been attributed to various factors including globalization and transnational forces. This will be addressed in detail later in a different section in the paper.
Concepts of equality are perhaps the most fundamental theme that runs throughout the socio-political, legal and moral traditions of most Western nations. Equality represents notions of fairness and justice and legal and moral traditions seek to ignore distinctions among gender, race and social status.
Countries, such as France, Russian Federation, Germany, Austria, China, and Japan, forbid extradition of its citizens either by law or by treaty. Such restrictions are occasionally controversial in other countries when, for example, a citizen of these countries commits a crime abroad and then returns to their home country
Section 176 reformulates and replaces the equitable principle that fiduciaries must not accept bribes or secret commissions: Attorney-General for Hong Kong v Reid  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
E-commerce has engendered many strategies to deal with the problems resulting from the absence of security; and the difficulty involved in ascertaining conclusively, the identity of the person being communicated with (H & Smith, 2007. P. 14). A few of these measures are the digital signature and security devices.
In order to discuss whether the UK government has lost its power to the European Union and other organizations and institutions, it is necessary to examine the powers that the government has supposedly lost.
The statutes and jurisprudence of England regarding trusts contributed a lot to the world on the matter. When speaking of trust, it is created when somebody (called the settlor) gives an asset or a right to an asset to another (called the trustee). In old England, the jurisdiction on trusts was under the royal authority vested in the king.
The question of what constitutes actual occupation and when actual occupation should be reckoned vis-à-vis the question of overriding interest was illustrated in the case of Abbey National Building Society v Cann. In that case, a son bought property in his name although his mother had also contributed to the purchase amount.
With regard to the contractual rights against Unimeal plc, the contract between Karg and Unimeal plc was concluded on CIF terms and provides different rights with regard to documentary obligations and delivery, which will impact Karg’s rights to claim. The UK has not ratified the Vienna Convention on Contracts for the International Sale of Goods.
Most of the communication now happens over email, which has now become the most preferred form of communication between businessmen, corporate giants, lawyers, doctors etc. It has revolutionized the manner in which communication takes place, and is the fastest mode of communication, at just a touch of a button
Although not contemporary, the early eras of police practice-the political and reform eras presented unique differences in the policing approach and operation. The political era fowls led to the reform era generation. Both systems embraced three characteristic styles of policing whose implementation brings out the differences between the two.
It's clear that maximum possible care has to be exercised while selecting executors because their job demands an immense amount of work, care, and responsibility. Thus the consent of the person has to be sought prior to that person being appointed as an executor. This is a very important factor that has to be taken into account while appointing an executor.
The goods which form the subject of a contract of sale may be either existing goods, owned or possessed by the seller, or goods to be manufactured or acquired by the seller after the making of the contract of sale. There may be a contract for the sale of goods, the acquisition of which by the seller depends upon a contingency.
The UN was established in the aftermath of the Second World War to provide peace and security throughout the world as well as to manage the international system. Accordingly, the Charter of the United Nations seeks to regulate state behavior in a dangerous international environment and provide a series of mechanisms for international peace.
According to George Bermann, the “EEC Treaty.....was conceived as an international agreement, and only later came to be viewed as a constitutional document.” The judicial rulings of the ECJ in the 1960s and 1970s have in effect resulted in a constitutionalization of the treaties establishing the European Union through its jurisprudence.
The seriousness of gang-related criminal activities is derived from studies that distinguish patterned conduct by gangs and other groups to the criminal conduct of non-group, non-gang crime. This essay examines the criminal activities of gangs and other dangerous groups and evaluates why and how these activities propel criminal justice responses
When a force of 1400 plus active police officers were landed on the havocked region for recovery programs implementations, the first thought that occurred to them was about the meanness of their duty, since there were a handful of people they could serve to. This thought was followed by a train of other thoughts.
This research will begin with the statement that imagine a criminal, doing two criminal actions (actus Reus) with one criminal intention in his mind (mens rea). For instance, a criminal, goes to a house and robs money and jewelry from it. However, during the process of stealing, he has been identified by the inmates of the house and would be able to recognize him as they do know his name.
DNA typing refers to the procedure where DNA extracted from a biological sample(s) obtained from a particular individual is analyzed. The DNA extracted is processed to generate a pattern for a specific person that is known in general term as “DNA profile.” DNA profile is usually unique for each person except cases of identical twins.
Exploring the premise of the tactics and strategies employed by Jihadist organizations to attract their targets, an investigation into the shooter’s stay in Yemen provides proof such as manuals on making explosives, works of fundamentalist cleric Anwar Al-Awlaki and information about the presence of Muslim soldiers in various parts of the world
The impacts on the relationship included that the offenders’ side was sidelined by the court, and that compelled them to lose faith in the courts. From a Christian point of view, it is clearly evident that allowing the police to do warrantless searches is unnecessary and is likely to infringe the rights of law-abiding citizens.
Almost in every country, the law is taught in different subjects/topics, like in England, the knowledge of the law is provided in almost seven different subjects. All laws have the same approach and legal system and same issues around the world, although different names are used to elaborate laws.
The device which would be able to track the bus routes and traffic would facilitate the commuters in anticipating the option to board the best transport for their destination and thereby greatly save time. Eighteen months after leaving college, Marina formed her company and developed the device for London bus service.
As soon as the human rights groups state that the law is unjust, the opposing group asks - what is just and unjust? It is necessary to clarify a notion of justice which coincides with the classical definition of justice found in the Justinian’s Institutes: justice is the constant and unceasing will to render to each one his due.
However, there was an exception to this rule – the ‘similar fact’ evidence which allowed for such evidence, regarding the person’s bad character to be presented in court which dealt with their previous misconducts relevant to the case.
Therefore we can say that law is not enacted to merely guide the citizen’s acts and omission to act, but also to make norms ensuring basic social needs, equal political rights and fair intercourse of economic activities among the people.
In order to do this, it will be necessary to consider whether John had the necessary men's rea for the offense of murder and whether his actions were sufficient actus reus for the offense. It will also be necessary to consider any possible defenses that might be raised by John such as automatism, diminished responsibility and provocation.
According to the paper, the Employment Rights Act of 1996 defines constructive discharge as an act of termination of the working contract by an employee due to the unfair conduct of the employer which the employee equates to constructively dismissing from employment. The party needs to file a claim for constructive discharge.
Ethics entails what is right and what is wrong with regard to a certain practice or behavior. It is an aspect that is extremely essential in different life issues as long as human beings are being involved. Ethics in criminal justice management has been deemed to be incredibly crucial and should be the driving force in making the judgment.
From the sociology point of view, it is any action by a person that is deemed injurious to the general public welfare or morals or to the interest of the state and that is legally prohibited. Most of the crimes committed have adverse effects either on an individual e.g. murder or the state. A crime is expected to be followed by a punishment.
The author states that the directive especially focuses on data that can exclusively identify a person. This data could be image or address of an individual. Compared to the privacy laws in the US and other countries, which are rather pieced-together, the EU directive is a bit different regarding its tough standards and enforcement or penalty policies.
A convention that will have for its undertakings “the promotion or encouragement of respect for human rights with the Organization for the achievement of these objectives.” Together with this sad and horrifying experience of Europe is the fact that during the creation of the convention, Europe is “ideologically broken“.
In the law of tort, in order for the aggrieved party to claim damages under this law, the duty of care must be established between the parties. There must be a clear connection between the parties that the act or the omission of the other party will have some grave consequences on the other. Accordingly, where there is no duty of care, and then there is no right to claim.
The Commission serves as the initial body that helps parties to settle their disputes and when only failing to do so recommends the case to the Court, forming a two tiered-conflict resolution structure that creates both physical and psychological channel to fully thresh out conflicting positions and provide accurate solutions to them.
The first attorney withdrew from the case before the first federal habeas proceeding, and a new attorney was assigned to assist Trevino in the federal habeas proceeding. This new attorney found the evidence that the first attorney did not, and presented the evidence to the federal habeas court.
To reduce the cost that is incurred during the trial process, there is a need to reduce the number of appeals to one. Lastly, to avoid prejudice from jurors, there is a need to consider gender during their recruitment, and avoid selection of jurors on a racial basis. Improving the present jury system eliminates the negative aspects of the system
Gun control has been an issue that has for long been debated in America with people emphasizing that it should be implemented in all states. Gun control has been assumed to lead to the rise of crime, both from sane and mentally unstable people in the population. Mentally challenged or emotionally unstable people should not be allowed to possess guns.
Using the three levels of moral development, individuals can be deterred from criminal activities using different ways. In the Preconventional morality level, an individual can be deterred from engaging in criminal activities by rewarding them for every good deed and punishing appropriately for the wrong deeds
In line with Guideline F regarding Financial Considerations, if a behaviour (financial debt) happens in a circumstance that is unlikely to recur and does not cast doubt on individual’s current reliability, good judgment or trustworthiness, such a condition could lead to mitigating a security concern (Herbig12).