Law Essays

The concept of human rights originates from the ancient times, yet its modern understanding has not basically changed: human rights are generally the rights that a person has because of being human. The concept has long been popular in the Western world, but the contemporary reality evidently calls for a re-examination of this notion. 

Name Professor’s Name Course Date Case Briefs Whitney V California, 274 U.S.357 (1927) Facts Anita Whitney belonged to one of the distinguished families in California; her conviction came following the pursuit of the 1919 act, criminal syndicalism. The allegation for his persecution was that she aided in the establishment of the communist Labour party, the state had gathered evidence relating to the group and found out that it was devoted to violent teachings with the ultimate goal to overthrow the government then.

While common thought has it that P2P file sharing, like any other form of piracy comes with financial implications and the infringement of copyright laws, there are others such as Kal Raustilia and Chris Sprigman who hold a contrary opinion. Raustilia and Sprigman opine that, neither is it possible to quantify losses which emanate from online piracy, nor do losses really accost online piracy.

Correspondingly, Long Island Care at Home Ltd is the opposing party to the claims made by Evelyn Coke. The citation for this case is Long Island Care At Home, Ltd v. Coke, 551 US 158 (2007) (Cornell University Law School, “Supreme Court”). FACTS OF THE CASE Long Island Care At Home, Ltd V.

Smoking Marijuana is an ethical dilemma that often every youth in the society has to come across sometimes in their lives. While smoking Marijuana has well known medical advantages that have been proven through scientific research, it is matter that conflicts with both the legal and the moral standards of a human being.

Adverse possession is a doctrine in property law whereby a person who possesses the land of another for a continuous period of specified time, may be able to claim legal title to it if they satisfy certain common law requirements. Through adverse possession, a trespasser can displace the owner to a real property and acquire title to the property.

The security department is emerging as important and valued strategic level of the corporations. The main reason for the featured development is to protect each and every interest of the organizations. In all parts of the world, retirees of armed forces are high in demand to play the emerging organizational role (Waard, 1999).

It is a big challenge and a hard nut to crack since judging a fellow colleague is truthfully hard. But, if such cases go untouched will justice be done? That is the big question swaying around the minds of people. People claim that every person who has committed a crime should be prosecuted and judged, and thereby given necessary punishment according to law.

Attorney General v. Blake and Another [2000] Student Name Affiliation Date 1. Case name: Case Title: Attorney General v. Blake and Another [2000] UKHL 45; [2000] 4 All ER 385; [2000] 3 WLR 625 (27th July, 2000) House of Lords: Lord Nicholls of Birkenhead Lord Goff of Chieveley Lord Browne-Wilkinson Lord Steyn Lord Hobhouse of Wood-borough Judges of the Case: The judges of this case were Lord Nicholls, Lord Goff of Chieveley, Lord Browne-Wilkinson and Lord Steyn.

It is worth noting that the regime that governs the liquidation of companies in Qatar has remained untested for a long time. This is mainly due to lack of a major corporate insolvency. The uncertainty concerning the effects of the rules governing the legal liquidation of companies makes most corporate entities result to consensual reorganizations than face the uncertainties of lawful insolvency.

A partnership exits and operates under the guidance of the Partnership Act of 1890 and/or any other partnership agreement made by the partners (HM Revenue &Customs, 2011). In the case of Foster, Peart and Hope Architects, there is the existence of joint ownership of the premises as well as the partnership deed.

Just like in other facets of the society, medical imaging has established distinctive rules and regulations that guide the behavior of the practitioners at various stages. In this respect, it is worth appreciating that radioactivity is very dangerous and medical implications are unbelievably adverse.

Abortion Rights – American Legal System. The American legal system is layered in to several parts, the most as compared to any other developed nations in this world. Every day, courts throughout the United States of America, render a decision that influence and affects the lives of thousands of people across the territory of the United States.

This means that some public companies have private ownership. Forming a public company requires that there be a minimum of two directors. The company’s directors should meet the legal obligations and requirements as set by the law. Another requirement while starting a public company is that there should be a minimum share capital.

The husband makes light of the abuse and puts her down of being concerned or does Mrs Smith feel guilty about causing pain to her family or about her being the cause of her family splitting apart. This is one of the primary reasons why a woman will stay in a violent relationship.

There is great popularity of such law reforms in most of the countries, however, they have been extensively criticised too. Main constituents of British Administrative Law are Ombudsmen, Tribunals, Judicial review and Freedom of Information.

As the decision of the highest court of the state, the judgment should be respected. Business organizations should keep in mind the consequences of using tactics to avoid taxes. Nevertheless, the organizations should take legal help in similar circumstances and should not be conclusive of their outcome in situations similar to this case.

The Constitution, penned over a span of many years and approved of on September 17, 1787, consists of numerous articles, clauses, and amendments that help to define the relationship that exists between the government, the states, and every citizen of the United States.

The important distinction between services and establishment is that ‘establishment’ is in respect of an act which is undertaken on a ‘stable and continuous basis’ which is pursued in another Member State, on the other hand services are not permanent in nature. The act falling in the aforementioned depends on ‘duration, regularity, periodicity and continuity of the provision of the services’.

An attractive theme of corporate governance is its mechanisms that try to avoid the principal-agent problem. In recent years, especially after the collapse of American corporate giants like Enron, WorldCom, and Parmalat, organisations have been vehemently working to improve their corporate governance.

Recent reforms in sentencing guidelines. There have been a number of reforms in sentencing policies within the recent years, with policies being enacted in at least 22 different states within the United States. The reforms have focused on expanding the treatment options to drug offenders, diverting them to other programs instead of incarceration.

5). Biocriminology also seeks to explain criminal behavior by reference to a number of biological factors such as brain injuries, prenatal difficulties, neurotransmitters, diets and hormone levels (Anderson, 2006). Historically, sociological explanations of criminal behavior have dominated criminology and crime studies.

What are the principal powers available to the courts in connection with the interpretation and application of statutory legislation? The Courts are empowered with the task of interpreting a Statute once the legislation is passed by the Legislature. It is the duty of the court to act as the watchdog for the laws which are being put into place by the legislature as it works out the efficiency of such laws from the perspective of the common man.

This landmark decision nullified any state law that prohibited or limited a doctor’s ability to perform an abortion and for a woman to have the procedure during the first trimester (three months) of a pregnancy (“Hoffer, 2011”). Although the case was controversial then and remains so today, the Court’s decision was accurate from a constitutional perspective.

The intention of the process was to improve crime reduction through increasing accountability throughout the system. Admittedly, this system is in use in many cities. In order to understand how Lowell introduced this organizational change and how it worked out, the article ‘COMPSTAT and organizational change in the Lowell Police Department: Challenges and opportunities’ by James J.

That means an individual who in this case is an employee or a student of the University of Sussex is, owed a duty of care by the University in ensuring that he does not suffer any unreasonable harm or loss. When this duty is breached a lawful act can be taken to compensate the casualty.

A business name is a name that identifies a company or a business. The legal registration application can sometimes be different from the trade name. Trade name infringement is a violation of exclusive rights which belong to a registered company or organization. This violation is a critical offense to owners of businesses.

In some cases, it is even considered a rite of passage (Brooks, et. al. 2002: 79). Yet, marijuana abuse is a mounting problem and has in fact led to the experimentation of more hard-core drugs (Anthony, et. al. 1995: 9). Indeed, even though majority of marijuana users do not progress to marijuana dependence, the gargantuan number of marijuana users guarantees that those who do progress to dependence is still a substantial number (Haney, 2005: 360).

In paragraphs 138 and 139 of the Outcome Document ofthe Summit, the Assembly endorsed the principle that sovereignty was not just a right but a responsibility, and established that all nations have a "responsibility to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity" (World Summit Outcome 31).

Ombudsmen are generally categorized into two: public sector Ombudsman and private sector Ombudsman. The public sector Ombudsman is charged with the responsibility of investigating complaints regarding government departments, local council and the NHS. Private sector Ombudsman on the other hand, investigates complaints associated with businesses such as insurance, banking, estate agents, or telecommunication providers.

Key words: mental capacity, mental impairment or disturbance, best interests of patients, strategies of decision making. The paper is focused on considerations about “the best interests operation” in relation to people with mental disabilities. There is a need to act together in the name of the best interests of the people with mental disabilities.

Other than difficulties in reuniting with their families, they also find it difficult to secure decent jobs. This stigmatization makes them vulnerable to recidivating. Therefore, there should be changes in government policies to offer the necessary support to such persons.

The County jail in Ashville does not house any women inmates, having them housed in the facility that was established in the Pell city. The Jail facility in Ashville employs 8 full time jailers, 6 part time jailers and 4 casual jailers. The medical needs of inmates are addressed by a nurse contracted on a daily basis and a physician contracted on a weekly basis (Jenks, 1997).

g the reverse burden exceptions with the presumption of innocence as expressed in Article 6 of the ECHR.3 Thus it can be argued that the reverse burden exceptions have whittled down the presumption of innocence noted in Woolmington v DPP. However, it will be argued that although presumption of innocence as articulated in Woolmington, has been whittled down, it is necessary in certain circumstances for reverse burdens to ensure that the ends of justice are achieved.

A business may commit a tort by manufacturing a product not fit for its’ intended purpose, or fail to keep its premises as safe as possible for the visiting public. Analysis Canadian tort law is a branch of civil law based on legal precedent or previous judgments that do not require a contract between the parties.

United Kingdom Reforms The act is relevant to contracts where ownership of goods transferred or agreed to be transferred has been paid. The queen enacted the 1995 Act after consent from the House of Commons, to fill gaping loopholes in the Sales of Goods Act 1979, which failed to protect buyers in a situation where a supplier was bankrupt.

It is no doubt that Europe has made remarkable progress towards integration. For over the years now, the European Union (EU) has witnessed increasing economic cooperation which has transformed into one of the biggest entities in the world, thus calling for closer cooperation and intensive integration.

Detailed information is shown concerning procedures associated with the AIT machine and pat downs. Laws and cases concerning airline search and seizure procedures are covered in U. S. v. Davis of 1973 as well as the 1986 upholding case. Positive feedback and opposition to the current security laws and the conclusion raises the question of security versus freedom in airport security and does it infringe on the 4th amendment.

I have to admit that I am glad to stand here, and commence this session at a high note. It is the efforts of the students and staff in the past sessions that have made the school gain recognition worldwide, taking a rank of 22nd best by the world reports.

This refers to the use a dispute resolution model that does not utilize the court system. Some of the advantages of using this mechanism is that they result in the expeditious resolution of disputes and they significantly reduce the workload of courts. One of the modes of Alternative Dispute Resolution that is widely implemented is the mandatory mediation.

The disabled customers complained that they were not being considered by the malls. They emphasized that the various specifications and modifications required to make shopping as normal as possible for the disabled were not put in place. The plaintiffs complained that their parking spaces were built on unsuitable locations.

Usually, before investors decide to invest their money in any investment company, they seek to ensure that the financial situation of the company is secure and reliable.1 Also, they need to have confidence that the company will be properly managed and controlled in order to be profitable.

Because of the stake they hold in a firm, they have a right to monitor its working and ensure that their interests are not compromised. To enable this influence, the shareholders are empowered to vote in the shareholder meetings for certain actions which the company proposes to take or have taken (Reference for Business 2012).

Corporate businesses look at the bottom line also from another perspective- whether the business activities have contributed to a rise in the value of share prices that belong to the shareholders. That said- a business can only hope to survive and prosper in the marketplace when it strategizes against the many internal and external forces that provide opportunities and threats not only to the firm but indeed to the whole industry sector.

Oil exploration is luring a number of foreigners into the island; thus, affecting the homogeny of the island. The people entering into the island are after exploiting the discovered oil resources. Consequently, diversity is taking a toll in the island of Tagg by infusing cultures from diverse backgrounds.

The legislature transforms these decisions into legislations implementable by the executive body. The legislature performs roles of that concerns constitutional amendments for the purpose of regulating laws that are undesirable, vague or harsh (Rosenbloom 4).

The author states that there are three interlocking models that constitute the theory. These are the structural model, the functional model, and the change model. Through a structural model, a lifestyle is defined operationally along with its features. It also explains how the lifestyle fits into a larger system of classification.

These cases help understand the border line that the policing system should not cross and the remedies of the mal practices of the police officials. 3. K. D. Ewing, Bonfire of the liberties: New Labour, human rights, and the rule of law (1st, Oxford University press, Oxford 2010) 4.

Capital punishment is also referred to as the death penalty. It is a judicial decree that requires capital offenders be sentenced to death (Goldman and Ann, 321). It is normally done in diverse ways, which include hanging, lethal injection, electrocuting, gas chamber suffocation, electric chair or shooting among others.

As such, access to information is readily available to anyone with a click of a mouse. This ease of acquiring data, however, has come with a price. Hand-in-hand with the applause for the convenience of getting information is the clamor for stricter privacy laws.