Law Essays

The author states that any act or omission of any of the partners in a partnership, committed during the course of its business that causes loss to a third party should be borne by all the partners to the extent of their participation. The liability of partners in a general partnership under the foregoing situations is characterized as joint partnership.

I have often come across the barbarian punishment system in my country, with the accursed never being extended any assistance or opportunity for proving his innocence. Thus, driven by a deep rooted yearning to make a difference within my society, after completing my higher secondary education, I have decided to take up a degree program law.

Employee representatives must be contacted so that those potentially in danger of dismissal can also be warned of the impending move and employers have a duty to consult with the trade unions in the event of impending dismissals. Section 195(1) spells out the fact that dismissals due to redundancy are categorized as being “for a reason not related to the individual concerned.”

According to the report dissimilarity of legal systems of two countries makes it difficult to resolve disputes. In spite of several works of international agencies, unification of laws of different countries is yet to be achieved. Alternative dispute resolution methods are resorted to for commercial disputes between parties belonging to different countries.

It the game-plan for fighting the vice is not going to change, and governments and supporting agencies continue using the same old tactic, the winning the war on drug dealing, use and abuse will remain elusive.The new ways shouldn’t be too obvious for the perpetrators of the vice; otherwise, it goes on undeterred and unfettered.

The analysis further examines the relationship between large companies that profit from prison related business in the United States and the growing inmate population as well as the historical context that brought this relationship about. This analysis discusses the overall impact of this shift and recommends pertinent policy changes to correct this shift.

The reliability of EC law is made certain by its supremacy over national law and this is the fundamental value of EC law when developed by means of the European Court of Justice. The courts started to accept the idea of supremacy and began to make a decision such cases as Costa v ENEL in a very Community optimistic way.

The European Convention on Human Rights (ECHR) stipulates at Article 6 that every individual is entitled to a fair trial in civil and criminal cases. Any party to legal proceedings has to be heard by a tribunal that is independent and impartial. In addition, such hearing has to be in public and within a reasonable period of time.    

This paper intends to discuss the relation between American laws effect on civil liberties and the co-existence between federal laws and civil liberties. The writer of this paper suggests that the civil rights are very important for so many reasons. Also, these rights are of great significance because they treat all people equally.

This occurs when the offender ought to have understood the dangers of his conduct but failed to be observant of that risk. The court’s decision was right because the offender’s conduct did not pass the “Royster-Aquilar” test. Though the evidence of the offense was included in the charges presented to the court against the offender.

According to the report in America, resources, power, wealth and the entire life prospects are very unevenly distributed. Law is considered as one of the mechanisms for distributing justice evenly, but, no. It is the one that causes maldistribution of justice. Bill of Rights in America has been widely used to maldistribute justice.

Men's rea is the legal term that is used to describe criminal intent or attitude in the commission of a crime (Samaha, 124). Men's rea refers to the intention of the person behind committing the crime. A person can only be held to be liable for committing a crime if there is an explicitly stated or inferred criminal intent to commit the crime.

However, a perusal of the jurisprudence developed by the European Court of Human Rights (the “ECtHR” or the “Strasbourg Court”) reveals that the rights and freedoms guaranteed by the ECHR have been interpreted as applying in an ever-widening range of contexts, which could hardly have been foreseen by the framers of the Convention.

The analysis will work to create a series of implications and recommendations based on what skills and best practices can be employed to make an individual into an effective leader within the criminal justice trade. Definitions of leadership and management can become blurred and easily confused once they are applied to a given situation.  

Some become citizens, some obtain work visas and still others never obtain work visas as the lengthy application process would prevent them from working in Japan entirely.

The aspect of moral conduct within the public service area is inevitable.  The people concerned are always on the screen, keenly being observed by the general public. It is clear that the public strives to point out the mistake as soon as they occur in this area. Nevertheless, the most screened areas of public service are law enforcement and the courts.

Gun violence has become very common these days and it is very important to get hard on gun crimes otherwise the situation will soon get out of hands. It is very important to get tough on gun violence because gun crime has increased at a significant rate in the recent past. People are using guns against each other in the US.

able estoppel prevents a person from adopting in Court a position that is contrary to an original position that may have been relied upon by another party. In the case of Grundt v Great Boulder Proprietary Gold Mines Ltd,1 Dixon J clarified that the protection that was sought

Minors in some places are deemed incompetent and are not given the right to consent. In England, one can challenge the presumption of incompetence on the basis of proving that the minor is mature enough to understand the procedures and the outcome.

Rights Acts of 1964, recognizes the unlawful and illegal act of discriminating someone, because of his/her national origin, religion, color, race or sex (14).

According to the discussion with the recent passing of William Rehnquist, Chief Justice of the court, and the impending retirement of Justice Sandra Day O’Connor, the recent months of the court have been filled with confirmation hearings to fill vacancies. These vacancies prove to be especially crucial in that even a slight change in court ideology.

This paper examines the nature and degree of human rights violations in Iran. To this end, the writer of the paper conducted independent research on the reports of the human rights records of the Islamic Republic under study.

The problem of dealing with terrorist attacks and arriving at a resolution to the problem is a complex one, because terrorists operate in isolated, individual “cells” where there is no network or chain of command; rather individual groups of terrorists work together, so that it is difficult to assert any measures of effective control over them.

Jim performs the tasks in Lou’s companies and acts under guidance and control of Lou, as such, Jim is an employee of Lou. An employee is an individual employed and entitled wages or salary like Jim. According to the Australian Federal Acts clause 24.20, Jim regards as both an employee and a contractor subject to given characteristics.

In order to establish whether Joan has a claim in tort against Barber it is necessary to establish whether a duty of care existed between the parties, whether there has been a breach of that duty, and finally whether as a result of that breach Joan has suffered some sort of financial loss or physical harm.

An international crime transcends local jurisdictions and cannot be left within the exclusive jurisdiction of the national authority that would normally adjudicate such trials. International crimes are war crimes, including genocide, crimes against humanity, torture and aggression and international criminal law is the law that governs such crimes.

The analysis of these patterns and the outcome of this analysis in conjunction with the event or the situation in which these patterns are found and the level of reliability of these patterns are dependant on the individuals who have gained training and experience in the field of understanding and analyzing them.

The country of India has been greatly influenced by other countries such as: Portugal, Netherlands, France, and the United Kingdom. These countries colonized various parts of India after the sixteenth century.

The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) was established by the World Trade Organization (WTO) in 1994 at a meeting in Uruguay on multilateral trade regulations (Weiss, 1990). Its stated purpose was to address the widespread global inconsistencies in the protection of intellectual property rights.

The damages that can be claimed by Jami for the civil wrong and sufferings caused to her is back pay where the company needs to provide the salary along with the fringe benefits if any to the employee that was supposed to be earned by that employee during the period of discrimination till the trial date.

There has been a discussion of legitimacy and especially in the context of the large body corporates in the globe. It is an issue that has been connected to the Corporate Social Responsibility issue and often the focus has had to do with the genuineness of its undertaking and the merits to the society at large.

The state of the physical evidence at its collection time is paramount because the successful prosecution of a case mainly depends on it. The crime scene, therefore, remains under protection from the time the first responding officer arrives at the scene until when the crime scene investigation unit collects and documents the relevant evidence.

Crime and longitudinal criminal activities are synonymous aspects of the various societies. This research paper explores different societies and different or similar forms of criminal activities. The researcher also presents the developmental crime theory and factors that may make individuals indulge or begin to develop criminal motives.

The expense of government to the individuals of a great nation is like the expense of management to the joint tenants of a great estate, who are all obliged to contribute in proportion to their respective interests in the estate.

People eligible to work in criminal justice field are drug tested asked personal questions in the hiring process and feel that revealing this material is a violation of their rights and privacy. Within polygraph testing, the questions are very personal and are also made to ask you are who you say you are and want to know about your personal being.

An employer is an institution that employs on the basis of full-time, casual, or hire whether orally or written contract, and upon a workplace injury of an employee, the employer is required to compensate all employees with weekly benefits, medical and hospital expenses, and rehabilitation services. (Waylexson Pty Ltd v Clarke).

According to the report the presence of a prior criminal record is definitely relevant as far as criminal justice is concerned, with the criminal history including not only the numbers of prior arrests. The gravity of previous offences and whether or not they resulted in prison sentences is an important ingredient of sentencing procedures.

It is a requirement of common law to apply the uniform rule in related cases in order to arrive at similar decisions and predict the outcome of the cases. It enables the court to rely on rulings of the previous cases without interfering with the unsettled cases. The court can either achieve certainty but cannot achieve both concurrently. 

A society is a group of people who get together and share a common goal, whilst a business is an artificial (something created or put together, as opposed to a natural, or existing in nature, society) form of social organisation that fulfils three main goals: it keeps the person who created it busy, it provides the same person some income, and it provides society with a product or service that meets a need.

The company requires advice on how best to address the problem in light of heightened media coverage. The memo provides a brief summary of the details surrounding the case, looks at the implication the case has on Great West Casualty and ultimately on Old Republic International. Finally, the memo will offer recommendations and an action plan.

The adoption of the Working Time Directive by the European Union’s Social Affairs Council is 1993 and later its incorporation into the Treaty . Under the Working Time Directive, working long hours is limited to protect the health and promote the safety of workers .

Previously victims used to be protected by way of injunctions with only a small amount of these have a power of arrest attached to them. This effectively meant that an abuser could not be arrested for breaching the injunction and the solution for the victim was to go back to the civil courts through her solicitor to try to get the courts to attach a power of arrest to the injunction.

Any defendant or a litigant who did not receive a favorable decision from the trial court can appeal the verdict to a federal court of appeals for its review. If the litigant is found guilty of some or all the charges then they have the legal right to file a petition for reviewing the decision to at least one level of appellate court.

Interpretation here refers to the method of determining the meaning of the words included in the clause. At the time of its creation, the term commerce was used in the clause to mean trade or exchange of goods.

The consistency of the Barker v. Wingo test has been questioned by many but the need of such a test is necessary as there is definitely a danger of prosecutors seeking illegitimate continuances. There is definitely a chance that prosecutors can seek continuances in order to cause damage to the image of the defendant and also when they are short on evidence. Also, prosecutors may seek continuances to make pretrial motions than required.

Multiple compulsions and restrictions that nations contracted with each other and with global organizations have left them almost without sovereign liberty.

This paper seeks for an answer to a question: to what extent has "human rights regime" been effectively applied, represent a genuine globalization of the attempt to implement fundamental human rights, and to what extent has its application reflected the balance of the 'interests' of various parties in Rwanda?

Extreme and outrageous conduct is one of the elements of intentional infliction of emotional distress rule. The conduct is considered extreme and outrageous if it causes severe emotional distress to the well-being of the victim. From the cases discussed, the rule has been used to prove if the defendant’s conduct was extreme and outrageous.

The economists and lawyers now tend to treat property as a bundle-of-right or as a residual of a contract. Traditionally, property is regarded as a right to a thing, good against the whole world or an indefinite class of persons. It is a right in rem. Right in personam, on the other hand, arises out of contractual relations or judicial judgments.

This paper gives an insight into the Criminal Justice Law in the UK. Modifications to the original 1984 act introduced in 2005 replaced nearly all existing powers of arrest and introduced a new general power of arrest for all offences, making the concept of “arrestable offences”. The introduction of these changes has attracted much debate, both in support and in criticism.