According to the research findings once an EU national exercises the right to the free movement of workers within the EU, his/her spouse, including non-member state spouses have the right to work in the host state. The right to equal or non-discriminatory treatment is extended to all persons within the EU, including non-members.
Professor Gary A. Munneke states: Debates on the question of ancillary business activities have focused on whether law is a business or a profession. Adherents to the “law is a profession” position have lamented the demise of traditional standards of ethics, civility, and public service.
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How can we pass ultimate judgment on people’s moral values? If we punish or put to death criminals, we place ourselves instead of God. We are mortal like other humans who commit heinous crimes. (Pillsbury x) There’s a lot of killing in America. The national rates in this country far exceeds any industrialized country.
Thus, the safeguarding the individual rights emanating from the Community law has received very little significance as yet. Hence, the Court of Justice is belligerent to break these inherent ambiguities of the Treaty all these years.
For instance, an assessee has to pay 10% tax when his income is ?100,000, and he is required to pay 30% tax if his income is ?300,000. Majority of the countries around the world follows the progressive taxation as they conceive the same as more fair. Under progressive taxation, the difference between the distribution of income before the taxation and the distribution of income after the taxation is of great importance.
In Florida, several people were fried to death on an electric chair in the recent past. In Palestine, there are excesses conducted on behalf of the Israeli forces with no value to life and dignity. In Kashmir, hundred are tortured each day without any trial and due process.
The intervention of NATO in Libya could be observed as an act to protect the civilians from atrocity crimes with the moral support of the international community which assumes the ‘responsibility to protect’ people. As such, it can be seen that the United States’ intervention in Libya was an attempt to protect the human rights of the people there.
The basic premise of this case, according to the video provided, was that an altercation occurred between a man, his ex-girlfriend and her new fiancé. All three of these people had been drinking at O’Malley’s Tavern at the time. The altercation which was essentially a car crash occurred after all three had left and had driven a significant distance.
According to the writer, justice calls for a need for reconciliation both in liberty and equality. Those who are affected by the system of justice tend to be judged unequally and this is mostly done with reference to an individuals’ social status or class in the society. He was against such tests as it encouraged conflict in the society.
Nevertheless, this apparently fixed interdiction is negated by the Charter itself in two major terms. The Security Council is permitted to use aggressive measures whenever it identifies that there is an existing hazard to international security, peace, and order (Laursen 2004, 485).
The Prosecution will show that officer’s action to arrest and detain lacked probable cause, illegal, and a violation of the defendant’s constitutional rights. The court should suppress evidence for illegal search, arrest, and detention because the officer failed to provide substantial evidence for probable cause and the assumption of crime committed was unfounded.
In addition provisions which are in connection with the Convention on the International Protection of Adults which had been signed at the Hague on 13th January 2000. The Act provides for specific proviso which would allow people to plan ahead in respect of a situation where they might need support.
Several law suits have arisen out of the legislation one of them is the United States of America Vs Arizona case, which sought an order of injunction tom prevent some unconstitutional parts from being enacted into force. After several appeals, the last Appeal in the Ninth Circuit also upheld the granting of the injunction sought but the governor of Arizona is still contemplating on appealing to the Supreme Court.
This paper presents a discussion on sole proprietorship, partnership, and limited liability corporations, along with their similarities, differences, merits, and demerits. Sole Proprietorship Sole proprietorship is a very common form of business today, accounting for almost 75% of all businesses, and as the name suggests, the ownership of this type of business is vested upon an individual.
It looks for how an individual is able to apply ethical values in their decisions and whatever is being analyzed is an individual’s response to the questions and or statements in the Ethics Awareness Inventory Test that was taken by the law enforcement officers (Williams Institute for Ethics and Management, 2005).
There are three main sources of the English law, namely the case laws, the European law, and legislation (Barnett, 2008 p12). While the legal system of England and Wales are synonymous, in that the laws formed in England automatically becomes the laws of Wales, it is different with Scotland that has its own legal and court system.
The contract would expire on meeting the concrete quantity or conclusion of the contract period. Plaintiff temporarily suspended the purchase of concrete from the defendant due to issues with the quality of concrete during the contract period. During this time, plaintiff had to purchase concrete from a different supplier.
Prior to the revolution, US employers and employees had almost similar bargaining power. However, in 1800s, when the US became industrialized employers acquired more purchasing power than their employees. This was as a result of emergence of legislations that regulated the working conditions, the responsibilities of employers towards employees, working conditions and employee’s benefits and salaries.
According to the paper, Internet defamation is significantly different from print media or broadcast defamation in a number of ways. First, internet is available to almost every individual, which he/she can use to destroy the image of other people with whom he/she may have some dispute. A person can use different types of internet-based media.
Miller (2010) provides that the aimed party feels incorrect victimized and gets mislaid criticism, blame and condemnation; the targeted party is likely to experience rejection from individuals who the perpetrator aims to persuade. The focus range of Scapegoating is wide and emanates from accepted enemies of exceptionally influential groups of individuals to the practice of scapegoating individuals by others.
Changes were introduced to the scheme in 2007, and these affected new entrants too. However, these changes have grown into a contentious issue with different sides holding different opinions about the reforms. This paper explores the ongoing negotiations between government ministers and union chiefs regarding the reform by focusing on the issues at stake.
In the previous times, security in the airports mainly involved manual checks on luggage and pat-downs on individuals as well as scanning with metal detectors. The pat-down method faced a lot of legal issues with people suing for sexual harassment. This motivated the recent introduction of electronic search devices in airports.
Instead they should have willingly vacated the land and if the need arouse return back later with a warrant allowing them to search the property forcefully in the event that Tom refused them to do so1. The Plaintiff, Tom could claim to have suffered personal injury on his person when the defendant, officer Falcon laid his hand on Tom’s shoulder (McNamara v Duncan (1971) 26 ALR 584, 5872 (Fox J).
Searching the prison cell is part of the routine performed by the Jail Officers. Such a routine has been well defined in the Adelphi County Jail Policy and Procedures (Maryland Dept. of Corrections Section A [1 and 3]). Jack Jones was the inmate accused of murder while Joe Johnson should be charged for violating Maryland’s Controlled Dangerous Substances Act if found to be in possession of contraband cigarette.As of the time of the search, only cigarette papers were found.
The EU legislative process is ample because the introduction of the Lisbon Treaty offer two main decision making process for agreeing legislation. The entry of Lisbon Treaty led to the introduction of ordinary legislative procedure and distinct legislative procedures as the significant process through, which EU can make an effective decision power of the EP (T Christiansen and L Torbjorn 2007, p, 36).
The sacrosanct nature of this freedom is underpinned by economic and civil expedience, so that it is impossible to sidestep it. Particularly, while free movement is integral to the realisation of the single market, it also provides people and their families to exercise the right to mobility.
The obligation of an act is one that is proof of a choice made, yet choice is what introduces the state of mind. In an attempt to make the criminal law more predictable and uniform, legal theorists and judges had to marginalize the principle of “intent.”
This article tries to emphasize the imminent danger of discontentment in the prison system due to the prevailing budget cuts (Jennings, 2011). The article is also trying to show the idea from the stand point of a prison expert telling some remarkable disadvantages if budget for prison system has to undergo some necessary cutbacks.
The author focuses on the Ethical Hackers which have a made a niche for themselves in the Defense in Depth continuum. It should be noted that the superlative for the Ethical Hacker is to be a provider to the organ of knowledge of network security. Besides, the author provides the Professor Hacker's statement that the ideal for the Ethical Hacker is to be a contributor to the organ of knowledge of network security.
This paper is a comparative and critical analysis of the canon of the separation of powers in different states. It uses experiences from the United States and the greater United Kingdom. The doctrine has escalated the separation of authority in these sectors (Calers, 2012; Pg.
Low esteem, lack of self-confidence and frustration lead a person to feel he or she needs to control other people or constantly degrade them (L.Petherbridge 2009). Abusers have a low self-esteem; although most abusers might appear “tough”, “strong” and “confident”, more often than not they suffer from low self-esteem.
These are the contaminated land regime; generally referred to as part 2A, and the Planning Regime (development control). Section 78A (2) of the 1990 environmental protection act defines contaminated land as “any land appearing in the local authority location where noteworthy damage is occurring or is likely to occur in, on or under the ground”.
This therefore serves as the first principle of his Philosophy. Descartes then makes a surprise turn to prove the existence of God and after the proof, God becomes the metaphysical foundation of the knowledge of all external things. This paper analysis and evaluate these debates and focuses on the surprise ending that Descartes made in his argument to prove God’s existence as the foundation of knowledge of all external things.
In that case when a party fulfils their part and the other does not, then the latter is not discharged and they may be sued for breach. According to the case of Anthea and The Concert, the performing artists did discharge the contract that they had indulged in due to lack of performance.
There are a number of problems that a child who undergoes such a trauma can suffer from and one of these is known as the Child Sexual Abuse Accommodation Syndrome (CSAAS). This is a term that was coined by Roland C. Summit in the early 1980s, but it is however considered to be a non-diagnostic syndrome.
Juvenile justice works under the vigilance of the state law and each state has its own juvenile code. The basic objective of the juvenile justice is to provide psychoanalysis to the young offenders rather than giving them punishment. Irrespective of the objective juvenile justice has its own drawbacks also.
Wrongful dismissal from work does not terminate the employment contact rather it is a repudiatory breach that makes the employee not to be bound by the terms of agreement with the employer, the employee is then forced to accept the repudiation and mitigates by seeking another employer, this act by the employee terminates the contract.
The paper also involves rewriting the same summery in order to get rid of the available errors as a way of ensuring that the decisions are clearly explained. The final decision by the court would then be established after correcting the summery mistakes. Case Summery Report Overview This section entails a brief report about a general view of the court summery including the shortcomings, errors, and suggestions for possible improvements.
Other words which are wrongly used are weather instead of whether, DPPP instead of DPP, unproprtionate instead of not proportionate, foursee instead of forsee, dpd’s instead of DPP, persecution instead of prosecution and parliament instead of parliament.
As a commanding officer of this area, I am responsible for all the crimes that take place within these neighborhoods. In addition, I also shoulder the responsibility of the quality of life within these societies, community affairs, and the level of crime within the community, which is at an all time high.
Fellow exchange student and American apartment mate Amanda Knox raised alarm after she found Kercher dead the next morning. While there was a shattered windowpane, it was the police’s belief that any evident break-in was faked, suspecting Amanda and Raffaele Sollecito, her Italian boyfriend.
However, the current laws that are being applied in the cybercrimes are outdated; thus, proving to be ineffective in curbing the cybercrimes (Maras 94). Therefore, the inability of laws to keep the pace with advancement in computer technology will lead to many cybercrimes unpunished regardless the increase in these criminal actions.
He has served under the board for 20 years. Mr. Daniel telephoned the Bill Gallo show in New York City. He proceeded to enter into a discussion with the host of the show letting him know that he was an English teacher in one of the primary schools in the state.
The paper will discuss the means and efforts taken up by individuals in the society to inflict pain on the people.The first part of the paper which talks about the psychological factors affecting crime. The objective understand the causes which lead to the commitment of crime in the society.
The most important thing that needs to be point out in respect of criminal law is that it is based upon actus reus, mens rea and the absence of defences. The element of a reasonable person is required in respect of mens rea and therefore the other element that are required for the offences would not be discussed.
In any part of the world, public depends on the criminal justice system to protect them and to provide solutions regarding the crime. Nevertheless, the said system also shapes the direction of the crime policy. The criminal justice systems as well as agencies related to them are accountable among other matters.
National courts (appointing authority) also have a role to play in referring the parties to arbitration. Parties to the dispute have rights to seek enforcement of arbitral awards as envisaged by the New York Convention, any other international treaties or national laws as may be provided for in arbitration agreement (clause).2 The instant case involves parties from different nations namely U.K.
The following research will explain the basic requirements of a valid contract. The requirements of a valid contract are that there must be an offer, an acceptance of the offer and consideration, which means that there is either a promise for a promise in a bilateral contract or a promise for performance in a unilateral contract.
Article 28-30 of the EC Treaty explains the ambit and content of norms of free movement of products within EU by barring unwanted limits on intra-EU trade. By placing quantitative restrictions on imports, the member states may try to limit the flow of goods by measures that have an analogues’ impact to quotas.
The legal issue concerns constructive dismissal of the manager and the fundamental terms of employment contract, a breach of which entitled him to succeed on constructive dismissal claim. The Arbitration Tribunal declared that Kevin Keegan was constructively dismissed by the Newcastle United Football Club Ltd and therefore Newcastle United Football Club Ltd must pay him for damages amounting to ?