Law Essays

Considered the factors of age, sexuality and gender in the examination of crime, in conjunction with the issue being examined in the traditional class-based approach. The authors discussed topics ranging from criminology and the study of class, race, gender; victimology and the patterns of victimization; and criminal prosecution, among others.

Cultural Concerns and Influences. The different constructive elements, which constitute the American culture and the American characteristics, differentiate them from their neighbors, European nations and other countries of the world. In America, a mixed culture is evident due to migration of people from different countries with different cultures.

It will help us evaluate how much of the ideal standards of labor rights are actually practiced globally. Simultaneously, it will also highlight the problems associated with the compliance with these laws given by ILO. Consequently, the report can provide solutions to each problem that is identified and on the whole, reduce the existing divergences between facts and theory of labor rights.

This means a person is guilty of first degree murder if death results due to some felonies such is kidnapping, rape, robbery, burglary etc. One may be charged of first degree murder even if he is committing a different crime of domination. For instance a sexual assault, taking hostages or inflicting forcible confinement-in each of these aforementioned cases the intention is domination and the ulterior motives are different but if death occurs during the course of these crimes, then the murderer will be charged of first degree murder.

The British society began to move away from physical punishment and towards imprisonment in the 18thC; the main objective being to reform the mind and body. Consequently, these changes assisted to pave the way for penitentiaries across the world and the entire Europe (Barnes, 1972).

Officers must be able to write concise and coherent reports that will be understood in court. Background knowledge in accounting, computers, weapons, business, special driving skills, and foreign languages is useful. Law enforcement officers must also be in good physical condition possessing strength, dexterity, and good vision.

Most of the crimes committed in most cases relate to torts which are either intentional or by mistake. In the execution of the law of torts it is necessary to understand the provisions that guide on this law. Tort law and the law on contracts are the most commonly referred within the legal circles.

According to Louise Casey2, an annual savings of ?30-million may be realized if lesser offences are heard before magistrates’ courts rather than a trial by jury. And, another flaw being hurled against juries is the perception that it is the weakest link in the judicial system for handing verdicts which are unjust, unfair and inequitable.

1 Two theories have been used in an attempt to elaborate on the EU provision of free movement of persons. The discrimination theory aims at eliminating protectionism and ensuring that persons and goods are treated formally and the same way as the nationals of the particular states.

The recent revisions made in the Law were required to ensure a greater application of the law, both in the letter and in the spirit, and a greater ease of flow of information between the shareholders and the board.

To what extent can statutory interpretation be used in the battle against tax avoidance? Tax avoidance is a legal practice of manipulating the stipulations of the tax law to minimize one’s tax liability. It is different from tax evasion which is illegal manipulation of one’s affairs to escape tax.

Both parties must be well conversant with the terms of the contract. Acceptance of contract by a party takes place when both parties agree to the contract by way of the statement and in writing (Meiners, Ringleb & Edwards, 2012). However, before a contract can be termed as legally binding, several requirements have to be met (Meiners, Ringleb & Edwards, 2012).

The first thing that happened was the deregulation of the natural gas by the government and this meant that the company’s executives could maintain agency over the earnings reports which were released to investors and employees. The agency contributed to the skewedness in the Enron’s earning reports as losses were not illustrated and investors kept investing in the seeming profitable company (Thomas, 2002).

The policies and procedures vary in every state albeit universality of international instruments extolling children’s rights and welfare. In United States, juvenile court was established since 1899 and has undergone major policy changes as societies have grown complex system and crime rates escalate to an alarming involvement of youths and children.

These laws are designed to enhance fairly distributed competition between firms, while encouraging production and supply of quality products and services at affordable prices. In other words, the laws account for public welfare by ensuring that the public is not exploited.

The procedure of arbitration is basically designed and executed within a sphere of private, unofficial, rapid and economical environment with the provision of the parties in exercising additional control over the process with the addition of clauses at the juncture of dispute evolution and simultaneously transforming certain rules of the arbitration for suiting up of a particular dispute.

Other states have however permitted these transfers only from the nineteen forties. All states have had at least one provision for trying certain youth of juvenile age as adults in criminal courts and such provisions are normally limited by age and the type of offense committed.

HUMAN RIGHTS Student’s name Course title Instructor’s name Name of Institution Date of Submission Question: ‘Human rights simultaneously claim to protect freedom of expression and the right to privacy.’ (Clapham, A. (2007) Human Rights: A Very Short Introduction, Oxford, Oxford University Press, p.

As per this statement, the House of Lords could now have the freedom to move away from a 'rigid adherence to precedents' so that the process of law development happens smoothly and there is no restriction that stands in the way of law development (Loveland, 2004).

However, a number of rules regarding these offences do also derive from civil cases as the civil torts of assault and battery are closely linked in definitive nature to those of a criminal essence. In this particular case, nonetheless, Billy’s actions against Hilda and the nurse shall be assessed for any criminal charges that may be issuable against him.

The idea of “separation of powers” accepts that powers should undergo devolution into these three different branches. These include legislature, executive and judiciary (Coper & Williams, 2001). The reason for power separation is its ability to allow power to be exercised in three different ways to achieve the holistic goals of a government.

For the reasons set out below, the trustees would not be allowed to use this money for any other purpose, other than the purpose set out originally. Discussion The fund held by the Hipley Textiles workers appears to meet all the elements of a valid trust.

As a general rule, goods premafacie passes with risk depending on the essential terms of a contract (Sale of Goods Act 1979, S. 20)1. In Section 20A and 20B (Sale of Goods (Amendment) Act 1995), we are concerned with the passing of goods and risk to the buyer for unascertained goods in the bulk upon ascertainment.

Health and social care providers are anticipated to highlight and remedy areas in which they may not be providing equality of treatment. The introduction of a rights-based approach to social care provision and delivery is likely to strengthen action on inequality and herald better services and outcomes for social care service users.

For effective determination of direct effect, the EU article meets the following criteria key among which are clarity and unconditional. Additionally, the article must have a negative obligation, contain no reservation on the part of the member state and not depend on any national implementing measure.

Under this case, Abdulla and others, who are the plaintiffs, had brought 174 equal pay claims against the Birmingham City Council, which had to be determined by the Supreme Court (Old Square Chambers, 2012). Previously, the case had been dealt with by both the high court and the court of appeal, which had upheld the same ruling, prompting the defendant, in this case Birmingham City Council, to proceed and file the case with the Supreme Court.

However, it is most unfortunate that at times complaints have to arise against a firm and the services it offers to the customers, which serves to affect the relationship of the firm and the clients. Thus, it is fundamental that a firm should establish client-relations policies, which serves to guide how the clients relates with the firm, as well as how the workforce of the firm relates within the organization, to project the right organizational image to the clients.

One of its crucial distinguishing characteristic is the formation of a government, the social contract, in which citizens gave up their rights in favor of this government in exchange for some protection. In return, the government is expected to apply its laws with fairness and equality to every citizen.

Today people increasingly depend on mortgage loans to purchase land/properties and to build homes. In order to secure their credit, mortgage lenders include strict repossession terms in the mortgage deed. It is observed that some complex legal provisions like restrictive covenants adversely affect land/property deals because such rules limit buyers’ rights on the property.

It has been alleged that the US criminal justice system encourages racial disparity by mistreating Blacks, Hispanics and other subgroups. Focusing on this aspect, the research intends to analyze the criminal justice system from the perspective of race. In order to understand the subject, various issues concerning racial disparities have been studied from different literatures and other secondary resources.

The petitioner in this case was Mr. F. David Mathews, while the defendant was Mr. George Eldridge (OYEZ, “Mathews v. Eldridge”; Legal Information Institute, “Powell, J., Opinion of the Court”). FACTS OF THE CASE MATHEWS v. ELDRIDGE, 424 US 319 (1976) is a litigation of the Supreme Court of the United States, which is related with securing the social benefits of the US citizens.

The definition of the concept is extremely simple and fails to portray an understanding of its application in the wider context. The concept being simple and inadequate has still been used on various occasions along with quotations by the International Court of Justice2.

In UK, the courts will apply an equitable jurisdiction which permits it to annul a deliberate disposition where a donor or an executor demonstrates that he bequeathed disposition due to grave mistake which became unjust on the side of the donee to enjoy the asset gifted to him.

His performance deteriorated as he was not able to sell anything and he depended on the Company’s monthly retainer. It was just for the company to dismiss him as his performance in terms of meeting targets was becoming too costly for the company. There is a problem raised in terms of considering which charge to raise against the defendant.

the WTO’s role as a regulatory body for international trade has become even more critical, and due to the needs, its role has been extended beyond its primary role in negotiating and formulating trade agreements and providing solutions to international trade conflicts.  The WTO has also other functions including reviewing the international trade policies, providing support to the developing nations to develop policies, assisting in training with respect to trade and bringing about international mutual cooperation with relation to trade.  There are more than 153 under the WTO and more than 96% of the global trade is enabled, along with several non-full-time members that make take part i

The discussion seeks to answer the question: What are the actual legal limitations of the criminal justice system in relation to corruption and the use of Arbitration to seek the rights of a party in a seemingly illegal matter? What is the exact position of legal statutes China that determine the legal limits of the use of Arbitration in cases where there is some inherent elements of corruption?

Indeed, death remains a very sensitive issue in different cultures and socio-cultural backgrounds around the world. Death may be considered a very sad phenomenon or a necessary evil for rest depending on circumstances under which the death occurs. It is this bi-dimensional feeling on death that makes doctor-assisted suicide highly controversial.

Facts in this case: Four band members Tim, Uma Victor and Wilma formed a company called XYZ Ltd in 2009. The purpose of the company was to manage and run the business of their band, TUVW, which they had formed in 2005. The company which is called XYZ Ltd.

The strength of these claims will be determined by reference to the question of whether or not Sanko has a real fear of persecution in the event he is forcibly returned to the Democratic Republic of the Congo (DCR). In addition, Sanko claims the protection of the right to life, the right against torture and cruel and inhumane treatment and punishment as well as the protection of his family and private life in support of his application for asylum and for enforcement of the right against refoulement.

Last, but not least, public opinion is in favor of violent offenders receiving capital punishment. On March 1, 2005, the Supreme Court abolished capital punishment for juvenile offenders, and in a stunning 5-4 ruling judged it unconstitutional to sentence anyone to death for a crime he or she committed while under 18.1 The fact that these people have the capacity to remedy their actions does not make up for what they did, so they shouldn’t be given a second chance to change their ways.

Ethical dilemma executive summary. Ethics refers to “the rules or principles that define right and wrong conduct,” (Robbinson, 1993, p.14). Members of the organisation often confront ethical dilemmas given that they have different perceptions about different things.

(Sauvant and Sachs, 2009, p935) During this period, the World Bank has identified around 700 such treaties. (Sornarajah 2010, p172) This is mainly attributed to the globalization phenomenon and the permeation of liberal trade. In the Gulf region, for instance, there was a proliferation capital exchange that ushered in a type of sophistication and daring among local capital investment players.

In this paper I will discuss the origins of the Establishment clause, the theoretical framework that justifies it, finally, I will discuss some hot button social issues that involve the Establishment clause. II. Origins of the Clause A. The Establishment clause has generally been interpreted to prohibit 1) the establishment of a national religion by Congress, or 2) the preference by the U.S.

The districts where the unproductive officers are taken will have a lot of negative impact. Due to laxity there is a possibility of an increased crime rate in these districts, this is because of the nature of the officers when it comes to fulfilling their duties.

Due to this, Bell finds a risk to his property and to human life on his property. There were no significant damages from the infringing act of Bell, but there was a likelihood of damages to arise, if the falling fruit continued. Hence, Hill had to take some action, as he felt that his property was infringed and the peace and tranquillity to his residence was disturbed.

Such criminal organizations can be transnational, national and even local groupings of enterprises run by criminals for fiscal profit. “Organized crimes can be defined as the unlawful activities of the members of a highly organized , disciplined association engaged in supplying illegal goods and services , including but not limited to gambling, prostitution, loan sharking, narcotics, labor racketeering and other unlawful activities of the members of such organization” (Finklea, 2010, p.

In the 19th century women actively participated in political matters as the middle class developed within the society1. By the 20th century, issues of juvenile delinquency and mothers’ neglect had already emerged. The issue of violence and battery became a public issue as the women who were the main victims voiced out their grievances.

We get from the case that the property in the mountains was his, owing to the fact that his co-owners were all dead, his departed buddies Andy, Howard and Floyd. The purchase was made more than three decades ago, and Barney had not been to the place in two decades.

Health professionals usually refer pedophiles as individuals with recurrent, intense sexual urges and sexually arousing fantasies involving prepubescent children. The technical definition of pedophilia is a psychiatric diagnosis made by qualified psychiatrists or psychologists.

Human rights can be expressed in a variety of local and international mechanisms. Human rights are essential because they promote the dignity of individuals and allow them to attain their maximum ability. Countries that acknowledge human rights turn out to be dependable international associates.