It revolves around the debates among the constitutional representative government and cannot be viewed as a “question of law”. The process which involves a complex series of steps and procedures, is a remedy for the political bodies by which they express their intolerance towards the President or other civil officers, for disregard to their duty, misconduct or breaching some kind of public trust, without any intervention from the judicial or presidential entity and exercise the authority of removal of that officer from the public trust position.
The issues of public safety and children’s health preservation are taken into account in terms of these regulations after 90s till nowadays. With respect to the role public concerns play in the modern context of outdoor businesses, recent developments in the UK legal system are correlated with tort law principles and regulations.
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Ideologically, it is founded on the idea of giving concrete and sustained effect to local democracy, relegating greater discretionary power to the people rather than concentrating the decision-making in the central government. The localism agenda as envisioned in the UK is institutionally linked to the Big Society Agenda.
al risks in order to obtain protection for investment.3 In fact, there are different standards of protection which BITs usually include some of them, as in the case of fair and equitable treatment, full protection and security, most favoured nation treatment and umbrella clause.
Sentencing: It is the judicial decision or a formal court judgment pronounced upon someone who is adjudged guilty of criminal proceedings and the punishment that is imposed. It is a well thought out, final act which declares the charged person's period of imprisonment, punishment or fine etc.
Research illustrates that harmonization does not entail adoption of single set of rules, but instead implies wide range of ways in which differences in legal concepts in different jurisdictions are accommodated 1. Harmonization controls the condition of conducting trade according to familial rules of domestic international trade law.
The fears generated from criminal activities restrict people their basic freedom in participating in community activities. In every community, there some people who are very vulnerable to crime and crime related fears. Women, children, and old people are severely affected by criminal activities (Stack 6).
Ironically, one of the intellectual creations of Sir Tim Berners-Lee while working at CERN challenged the very grounds upon which the intellectual property law now stands. The creation of World Wide Web gave way to the creation of Internet that not only figuratively but literally changed the way intellectual property can be copied, exploited, commercially used, misrepresented, stolen, misappropriated and infringed.
Based on the case, the Queen’s division held that a violation of the basic human rights of the claimants had been committed. The claimants included four Nigerian ladies. The conclusions were reached on the basis of the provisions of the articles 3 and 4 of the ECHR (European Convention on Human Rights).
Thanks to the improved transport and communication system1. Countries coming together in regional economic regions and organizations contributed largely to international commercial exchange. Law was greatly required for the sake of cooperation and development in the market.
For a contract to be valid certain terms have to be met by law. One of the most used terms in law is consideration and this is meant to give meaning contracts. Consideration is one of the tenets of the contract law. Consideration in most cases is referred to as promise given in return for something.
In the development of ethical decision-making, there are various stages. They include pro-conventional, conventional, and the post-conventional stages (Coon, 1986). These stages were invented by a researcher named Lawrence Kohlberg. According to Kohlberg, these three ethical decision-making stages are critical in all religions (Coon, 1986).
With enough prove of defendant’s negligence the claimant can easily win the case but can also lose if the evidence against the same is not credible enough. Claimants suffering from psychiatric injury caused by negligence have hard it rough while establishing trying to establish liabilities to the defendants.
That the bioethics committees play an important role in the administration of healthcare services is also confirmed by the decisions and recommendations that these committees make. The gravity of the roles discharged by bioethics committees was best grasped by attending a meeting that was chaired and attended by a local hospital’s bioethics committee and an interview that involved the chairman of the bioethics committee.
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In the context of stop and search investigations, it occurs when “the police use race or ethnicity as a factor in determining whether to stop someone.” (Worall, 2011). The foundations of criminal profiling Despite the United States being known as the country where racial discrimination is abhorred and any form of hate crime is penalized, racial profiling remains to be a prevalent practice by agents of the state.
The judicial system is crucial in a country as it facilitates the application of justice in the society, and it helps punish the law breakers. Verdicts passed by the jury, or the judge over a criminal activity should be consistent with the applicable elements of the law with regard to the offense committed by the culprit.
The author states that one of the major issues that police forces is the complaints relating to incidents of police brutality, which are in fact hindering them from honestly performing a professional and fair enforcement of their duties. He claims that police officers need to be bestowed with more powers depending on the circumstances of the crime.
Hopwood delivered the first trial on the basis for affirmative action in higher education since the early 1970s. He delivered a comprehensive appellate opinion of exceptional breadth, excluding of race within admissions. Hopwood v. Texas represents the first successful legal challenge to a university’s affirmative action policy.
There is a wide scale increase in extrajudicial killings and violation of property rights and the reluctance of the domestic government can be attributed to the same. The judicial decisions in the recent cases are showing positive signs of relief for the human rights victims which can be said to be a positive dimension.
In terms of dollars, it has been a failure, both because of the amount of money spent on the drug war, and for the amount of money lost through not having the drugs legalized and taxed accordingly. That it has been a failure has been acknowledged by top levels of the United States government, as the drug czar has candidly stated that the war has not been successful. There is very little evidence that would state otherwise. This essay will state why the drug war has been a failure.
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Individuals with high self-efficacy are likely to focus, more on their ability and intention to perform an action than the benefits they will accrue form it, ergo, they will challenge themselves and test their limits of their personal abilities to the farthest they can (Cherry, n.d.).
Introduction The above statement concerns the position of the intellectual rights property holder once he places his product or agrees to place his product on the EC market. An IP rights holder may be from a member state within the E.U or from outside the E.U.
All the levels of law enforcement are organized in such a manner so that the needs of the citizens of the US can be satisfied. These organizations tend to operate independently and they even join hands together in order to attain various aims and objectives.
Moreover, it expounds more on the challenges that are associated with these ways, over and above, examples of real life conflict solved without military engagement situation have been incorporated. Introduction Counter terrorism also referred to as combating terrorism is a practise that entails governments, militaries, and police departments carrying out ways that are strictly meant to curb terrorism.
In the earlier decision, Bowers v Hardwick of 1986, the court upheld the constitutionality of a Georgia law that criminalized anal and oral sex even between consenting adults in the privacy of their home. This ruling was overturned in the 2003 Lawrence V Texas ruling which basically asserted the rights of the individual to privacy and struck down sodomy laws in thirteen states and made same-sex activity legal throughout the United States.
The author states that nationalism happens to be the main base of the fascism. The fascists believed that a nation is a single organic entity that binds the people together by the natural unifying force of the people. Fascism looks to solve the economic, social and political problems through the achievement of the national rebirth.
The parties should be able to rescind the contract under mediated caution. Rescission of a contract, based on mutual mistake, involves both legal and ethical considerations that should be made in justifying it. A legal approach to the issues identifies termination of a contract under mutual mistake because this makes a contract void per se.
Procedural law on the other hand provides the mechanism through which the enforcement of the duties and rights would be realized. The procedural law therefore comprises of rules to be adhered to by a court while hearing and determining criminal as well as civil cases.
The largest risk factor associated with the juvenile crime is the omission of his or her family life and also the tendency of increasing violence in their future life. Absence of proper education or proper social guidance will lead them towards crime. In this research we are trying to figure out different socioeconomic reasons behind the occurrence of juvenile crime.
New urbanism’s ultimate target is improving life quality through enabling a functional framework for urban areas. It can also be seen as an example of the manner in which a “green” lifestyle is coupled with the larger concept of sustainability. Favoring pedestrianism over automobile use acts to facilitate social interaction, as well as increased environmental benefits, while denser patterns of housing can work to conserve land2.
Terrorism is now part of our daily lives in every corner of the globe although its occurrence is more prevalent in some nations more than it is in others. The effects of terrorist attacks affect us directly or indirectly. Direct effects range from loss of our beloved ones to incidents of terrorism that we experienced live.
Following is the basic legal definition of intention: “A determination to perform a particular act or to act in a particular manner for a specific reason; an aim or design; a resolution to use a certain means to reach an end.”1 In criminal law, intention is defined as having a guilty mind, which is also known as mens rea.
Street gangs keep on getting larger as many young people and adults join because of poverty or by being forced. These gangs have become very influential in some parts of the world. A region may have more than one street gang, which fight against each other to gain influence and power.
Translating growth in oil receipts into prosperity for the people of Iraq is a promise as well as a challenge. Legal, regulatory, logistical, political, institutional reform, security, and workforce are formidable aspects that challenge Iraq. A major challenge facing Iraq is the need to increase investment funds to promote sustainable development in the developing nation.
Such sanctions can be enforced through agencies or courts which have the relevant legal authority on adults as well as the juvenile offenders. Programs in community corrections are operated through probation agencies. They provide correctional supervision in the community in place of incarceration while the parole agencies avail conditional and supervised prison release.
In this case, people obey the law to escape punishment or to get reward. In instrumental compliance, a motivating factor is present. This is a system in which, a person is threatened to obey the law, failure to which an intense punishment is imposed on him.
United Kingdom is European states, other than this, the economies in European States are closely interlinked thus the legal matters arising are heavily intertwined and largely interlinked. Further, the legal issues involving these states are largely influenced by the EU Treaties and the Conventional Human Rights of Europe1.
Considering the diversified nature of such punishment; some of them are deserved to be mentioned. In ancient and medieval ages crushing by elephants was considered to be one of the most practiced forms of capital punishment. Among the countries who had restored to this practice India might be the most infamous one.
The company was located at White Chapel High Street in the United Kingdom. His family was comprised of a daughter and 5 sons. His sons were keen to join father’s business as partners. Naturally, the father had to turn his business from the sole proprietorship to Private Limited Company in line with the parameters of Companies Act 1862.
The paper describes the most important aspects of classical tradition law and how the points given relate to the contract between the two companies. It starts with the definition of the term contract. It is an agreement between dual and multiple parties to do something in the future. It should be nod that a contract is open to legal enforcement.
The paper tells that under Insolvency Act 1986, the UK Corporate Governance Code, EU Directives and the Precedence of the competed court of law, directives and the court precedence, the company is a legal establishment to run the business. The modern history of Industrial Revolution in the UK empowers public companies in employing and generating funds, to boost up the economy of the UK rather than other business organizations.
The laws are prepared by Parliament of Australia2 A contract includes mainly six vital elements namely an agreement, capacity, purpose of the parties, formalities, offer and acceptance and consideration. Agreement is one of the crucial elements of a contract and is referred to a legally enforceable conversation within two capable parties for a particular issue.
In today's world, no lawyer can deny the fact that global legal market has a solid influence on local legal markets. This influence is always negative if the concerned country does not take these challenges seriously.
“Formal policing begins with the need of the sovereign power to keep control over his subjects within a larger community, no longer bound by the natural boundaries and the bonds of the family and the tribe. Those subjects may need to be identified, mustered, counted, taxed or subjected, to local or national service, and punished or rewarded.
The analysis uses Cortest v O’Toole case, which centred on “reasonable” unpaid time off. The tribunal in this case ruled in favour of the employer; it stated that the employee does not possess the right to take up a month off to care for a child in circumstances where childcare arrangements have broken down.
Allegedly, as the girl walked home from church, she was approached and kidnapped by the suspect, taken to a remote location and raped. Routine activity theory would be appropriate to use in this situation since the facts seem to fit the theory well. Rational choice, on the other hand, does not appear to fit with the facts of the case.
Summing, the drug courts in US is an innovative step towards a society which is free from the clutches of harmful drugs. In a modern society, public safety and health is crucial for future growth, development and effective human resource management.
International organizations, like World Health Organization (WHO) and Global Mental Health refer to mental health as a psychological condition where persons are exhausting their potentials to become productive individuals of the nation. This essay aims to evaluate whether or not the Mental Health Law of 2007 (MHL, 2007) amply protects the rights of mentally-ill person in Britain.