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The three strikes laws allow the courts to sentence any law offender to life sentence if he/she has previously committed three serious offenses. The offenders are not supposed to be
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These experiences have enabled me to wide my horizon and currently I am able to view at things in a different manner unlike when I was an undergraduate student. The LLM International Commercial has assisted be in acquiring the classic western
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A contract is made between two or more parties with taking into concern their interests and having appropriate related terms and conditions mentioned in it. The contract can also be considered as a promise made by one party to the other, wherein each of the parties is liable to enjoy both the benefits as well as detriments associated with the same.
Each business has its contractual capacity, ability to get into a contract and to withdraw from such contracts. Similarly, the law provides that "a company resides... where its real business is carried on... and the real business is carried on where the central management and control actually abides." These are governed by a set of doctrines that are studied under business law.
Incorporation of media coverage during the proceedings have also brought a great impact on the prosecution of cases. The social media is expected to abide by the laws provided by the court but this has been met with a violation by the social media groups as they do not abide by the laws (Thomas 2010).
The agents are also used in very sensitive departments like security. Therefore, considering the fact that agents are present in some of the very sensitive and very important departments, they must be guided. Otherwise, they can end up ruining these big, respected
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In the field of criminology, the labeling theory indicates that application of stigmatizing labels or negative description results to influencing the behaviors of the
Additionally, it has led to loss of government revenue. Money laundering is another effect brought about by narcotic trade (Vulliamy, 2010). Money laundering has in turn led to
The inheritance comprised of an apartment lot and building subject to a mortgage, which secured an interest in default of $ 7,042.50 and a primary debt of $ 255,000.00. Mrs. Crane, afterward, got into a contract with the mortgagee in which she was to continue operating the property. She was to collect the rent and pay for any necessary repairs.
Antisocial behavior is common among different people in the society, but it is frequently situational and temporary. Most children display some form of antisocial behavior during their development that may vary in extremes from one child to another. The groups of people who
Sebelius, 2012). An exchange for health insurance is established by the law at the state level to allow healthcare corporations and individual consumers to compare different plans with their rates and purchase plans, at a subsidy
The case of Oxley v Hiscock proves a common intention trust is a strong basis for distribution of assets under a trust, such allocations are to be made on the basis of proportionate representation through investment. It is a good development because it helps to establish the division of the assets in a trust with a greater degree of fairness.
This is a criminological theory that suggests that crimes are defined as those that an elite believes to be wrong but which may not have much popular support. It is not based on natural law or democracy; it is a kind of technocratic theory of what is criminal or not. It believes that it knows best and that citizens should follow its centralized morality.
Violet immediately informed Allie about the leaks in the roof. She made repeated demands for Allie to have to roof fixed but Allie took no action. After two months, when Allie came to collect rent, Violet was waiting for him to hand him the keys to the apartment. All of Violet's belongings were gone.
Fingerprinting is a technique that has been used for many years; modern technology has improved the efficiency and usability of the technique for law enforcement agencies worldwide. The history of the method is important in understanding the future outlook of the technique as digital equipment and powerful online databases become available.
Organizations want conformity over a long-term period for this purpose they use different kinds of power. But none of these methods is the best when dealing with organizations. For example, employing coercive method compliance among rank-and-file officers usually through strict rules and regulations is not satisfactory because the officers are averse to such strategies.
Arguments on controlling corruption originate from the study of huge bureaucratic organizations. In most police departments, behaviors of police officers concerning corruption changes with time. Besides, a combination of external and internal controls can be effective in controlling police corruption.
This made the president declare the state of pirates’ activities and robbery and attacks to USA ships along Somalia coast a national emergency. In relation to the deteriorating state of security, the president listed people believed
Descriptive results indicate that the means of the two variables are similar. In total, there are twenty five samples of each variable. Their means are similar: the mean of the legal services satisfaction is 5.232, whereas
Locke is against a situation where one produces more than he can produce as an insult to nature. He exempted money from the lot asserting that money does not depreciate. This is to say that money gives a person an opportunity to retain possession of their hard work without reducing their value (Locke, 59).
According to common law, a bank has been defined as an establishment involved in the banking business. Thus, courts, in general parlance, in deciding whether an establishment is a bank or not will give utmost significance to its business and contrast it with that of the business carried over by other banks.
making decisions with regard to the child’s education, agreeing on their medical treatment, taking care of the child’s property among others things. There are a number of issues which come with parental responsibility.
Parental responsibility, from a legal point of view, is
The patients lose their trust in doctors and in the hospital. Dr. Morgan’s client should imagine if she lost her husband or if he became redundant after the child was born they could still continue taking care of the child (CIBA Foundation Symposium 2009) The law does not allow anyone to abort unless the doctors want to save the life of the child.
Control Test: the tenure of Wright at Reactors Ltd. has been two years up till now. Initially, he started as an advisor for the company, reporting to the Chairman of the board, soon he was promoted to the position of general manager which was more authoritative than his former job. Since the beginning, Wright receives a payment based on an hourly rate.
The author states that the crimes of battery and assault are quite different in their approach but they are charged concurrently. The concept of assault and battery varies across jurisdictions; some consider assault as any form of threat to harm such that the victim is inflicted with fear.
The article exploits the application of administrative law in order to eliminate economic monopoly and other related injustices. by not disapproving the proposal made by the developer, the judge was upholding the law in the essence that the project would have more benefit to the community when completed. Furthermore, the developer had admitted guilt before the court showing his transparency.
Judicial law-making role in the English judicial system is evidenced by the common law that has resulted from court decisions and numerous interpretations of parliament statutes. However, the role of judges is strictly to implement and enforce the law without making any changes or issuing other interpretations to the acts.
This section will contain a brief preview and definitions of some terms. This section will highlight laws regarding insurance companies, and the insurance market. There will be a description of certain special rules concerning insurance contracts founded on general contract law such as the duty of utmost good faith and insurable interest.
According to the author, the government efforts have been seen in securing wildlife and environmental justice through legislation and implementation of international standards and protocol. The main goal of environmental justice is to preserve a sustainable environment through upholding the CITES 1975 treaties and various UN environmental declarations.
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One of the most important things in life is to have peace and tranquility in your community of residence. Social structure and order, the running of a society and political platform is dependent on smooth communication. Good communication requires that there is agreement on terms between the parties involved in a certain conversation.
The coverage of the predicate offense of money laundering in many countries such as United States has been expanded to include all crimes, which seek to launder criminal proceeds. Money laundering comprises of the following undertakings:
The anti-kickback statute was put in place as a means of protecting patients and government-sponsored programs such as Medicare and Medicaid from abuse and fraud. It is one of the ways that is used to mitigate the corrupting influence of money on making healthcare services. It removes the potential of economic incentives being used to influence decision-making regarding healthcare.
Considering that the driver is alleged to have been operating for 34 hours, when the law requires such drivers to operate for a maximum of 11 hours, the trucking company is liable for
For example, speeding is usually considered a misdemeanor while running over someone with a vehicle on purpose is considered a felony. Felonies are associated with prison sentences of at least one year, fines, or even both while misdemeanors involve less than a year prison sentence, smaller fines, or even both (Gardner, et al, 15).
The author states that public speaking is constantly stated as an extremely frightened occasion in investigations. Lawyers have to be at ease communicating in the presence of others, even the transactional legal representative who under no circumstances goes to the courthouse apart from to file real estate papers.
However, the most important requirement for admissibility of images, photographs and videos is authenticity. Authenticity is the process through which the party relaying on the images convinces the court that the image is original and that it has not been altered.
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Animal welfare is concerned with mitigating cruelty to animals but the motive behind preventing cruelty is not because an animal has specific moral rights. On the other hand, animal rights are the idea that all animals are entitled to certain rights because they also possess moral rights.
In the Continent, there has been the major influence of Roman law disseminated above all by the universities. This influence was carried in by the canon lawyers and then by the school of natural law leading to voluntarism, the leading lights of which were Domat and Pothier and which carried all before it under the French Civil Code during the whole of the nineteenth century.
Under our English law, a person can be said to be guilty of a crime if he or she proved to have committed a voluntary physical act or has omitted to perform an action which he or she should do under the law. Moreover, the act of the person must pass the test of criminal liability as expressed by the Latin maxim actus reus.
In Smith v Hughes, a landmark case, it was held that vendor of the products who are under no commitment to rectify an erroneous faith conceived by the buyer about the product sold to him. In this case, the buyer argued that he was under the impression that old oats were sold to him but instead, new oats were delivered.
The case is based on the limitation of the freedom of expression regulated by Section 2 B of the Canadian Charter of Rights and Freedoms. This limitation specifically refers to the provision of the Criminal Code of Canada, Section 163 – Offences tending to corrupt the morals, which prohibit child pornography.
The main issue at hand was to understand whether a personal jurisdiction could be exercised by a state court over a corporation that was not a resident of that state. Also, the only connection between the defendants and the forum was that the car that was sold to the plaintiffs unfortunately met with an accident in the forum state.
Politics in and of itself will not determine which side of the issue one takes. What does impact one’s selection is whether or not one has had his rights violated and then to what degree. An example of politics not impacting the choice one makes is the fact that the Democrats did nothing to take away the governments assumed the power of warrantless surveillance.
There are some differences in the preamble, the Indiana Constitution begins with the words “TO THE END …” and the United States Constitution begins with the words “We the People of the United States…” Another
This noble aim has forced law enforcement officers to go an extra mile into using undercover work in order to collect the evidence they need. In this method, the undercover officers have to observe and even take part in illegal
Dunkle had given numerous statements, which were not consistent, to the Corporal from the Sheriff’s office at the scene and then to O.S.B.I special agent. Due to this she was suspected, then arrested and produced to the court. It was argued by the state prosecutors
Commercial impracticability cannot also stand as a defense for Masterpiece Construction as there was nothing that was beyond their control that happened. On the other hand Foodmart can sue Masterpiece Construction for breach of contract and seek court
The task will involve reading through the articles and then identifying the legal issue that is presented in the article. Thereafter, the law that relates to the legal issue that will be discussed and then applied to the scenario being discussed in the article which after will lead to a conclusion based on the argument presented.
The phrase ‘guarantee’ can be used as an official synonym in favor of a contract. This paper will address a potential contractual defective scenario. The scenario at hand is the agreement between Jud Wheeler and the Krause Company. The company believes that Jud wheeler