Law Essays

The paper tells that the field of medical law has caused important and taxing questions to arise, particularly in relation to the proposed conflict between moral obligations and legal duties. The debate considers whether legal duties are based on moral obligations or vice versa, and touches on some delicate topics.

The research questions included whether John erecting the sign warning drivers of the dangers of parking so close to the school gates constitute a criminal offence and whether John ought to seek permission to erect the sign (National Safety Council, 2005 p.

However a fee months after the 9/11, it seemed like everything began to change as the evolution of the national security policies began to take place which not only posed a challenge to the American value of the civil liberties but posed a threat to the fundamental constitutional rights of the people who have little or no links with terrorism.

Conclusion 9 6. References 10 1. Introduction As I have been asked to review the following draft clause in the capacity of a Contract Manager and Arbitration Specialist, it is my privilege to submit this report to the esteemed office with my study, views and opinions that draws on the International conventions on arbitration.

This is certainly a very interesting debate which can go on for centuries together without arriving at a conclusion. “Clearly much has changed in my thinking about the criminal justice system since I passed that bright orange poster stapled to a telephone pole ten years ago.” (Alexander Michelle, Page 12) Death penalty has attracted a lot of debate from society, with some people arguing against it, while others supporting it.

The author explains that the European Union Law derives from three channels that are primary law, secondary law and lastly, supplementary law. The mother of primary law is a treaty, which includes regulations and directives. The legislation of the European Union is composed of EU Parliament and the Council of EU.

According to (Silverman)“Every day thousands of people, including law enforcement officers, lawyers, judges, government officials and ­even accused criminals, take part in this system, hoping to settle disputes and work for justice.” In this judicial system, every state is handled by a separate set of courts relating to federal law which handles legal needs of people regularly.

Based on the given facts, Miss Clark is blind and as a result of her disability of loss of sight, she was not promoted to the position of Senior Vice-President because her employer doubts her capability to perform competently due to her physical impairment, despite her loyalty to the company she has served for several years.

A criminalist is a person who is far off involved on a crime scene to gather evidences and propose ideas of what possibly could have happened. Whereas, a criminologist is a person who studies the possible reasons of an occurrence of a crime, possible reasons of why a criminal may commit a crime or the patterns that describe the root cause of prolonged crimes.

When it was finally passed, the bill allowed for the provision of state funding for such things as evaluation, training, counselling etc. According to the Department of Justice it ‘prohibits discrimination on the basis of disability in programs conducted by Federal agencies.’ This opened the way for disabled people to participate in such things as state funded college and university programs.

Use of Force The State deploys certain bodies which are solely responsible for managing the situation of law and order within the State, and these bodies consists of police and military forces. This paper shall analyse the duties and the power of the police in combating outrage from the people in the society and understand how they manage to protect law and order.

Take Home Exam Questions Tiffany Howard Law and Society Professor Lisa Holland-Davis October 26, 2011 From Martin Luther King’s “Letter from a Birmingham Jail” In his letter, “Letter from a Birmingham Jail,” the rationale for participating in a march in Birmingham.

The value of jury in the English legal system can be strongly criticized. Of course, currently, juries in trials developed in English courts help towards the reduction of time required for the completion of each case.

The paper describes different types of crime measured by the Federal Bureau of Investigation (FBI) in the Uniform Crime Reports. The paper also looks as white-collar and blue-collar crimes in detail and relates some key differences in those crimes. It describes some violent and property crimes belonging to the index-one crime category.

Prisoners are one of the few sects of the population that have healthcare as a constitutionally provided right in the US. The constitutional basis for healthcare for the prisoners was provided through the case Estelle vs. Gamble (1976) with this right and with an increase in the healthcare, the state budgets are in doldrums.

Many individuals invent and innovate particular ideas, designs, and products hence the need to have some protection curbing any other person that may want to use such discoveries for their own benefits. Intellectual property rights cover all inventions and innovations such as original plays, novels, and any other invention of either an individual or a company.

This Act has been expanded to ensure that it becomes effective in achieving its objectives. In recent times, positive outcomes have been witnessed in the fight against organized crimes thanks to strict application of the Act’s provisions. This factor, coupled with others has made the justification of future existence of the RICO criminal defense practice unsustainable because of reduced incidences of organized crimes.

The EU has grown over the years by accepting new members. It has also increased in power by adding a number of new policy areas. This includes the Maastricht Treaty, which established EU under its current name in 1993, and the Treaty of Lisbon, which came into force in 2009.

Courts must support and supervise the arbitration process so as to ensure the integrity of the arbitral process and protect the public interest. Nevertheless, this should not sacrifice or prejudice confidence of the users of the arbitration process. Consequently, the level of judicial control should not be too high (Ping Han 2007).5 Arbitration Act 1996 is aimed towards limiting the courts intervention in arbitrations, defining the courts role as supportive rather than supervisory.

Consumer protection Name: University: Course: Tutor: Date: Introduction It is the primary duty of the government to protect the welfare of the consumers in any economy. Government laws on consumer protection also provide for redress mechanisms where the rights of the consumers in the contracts have been violated (Harvey and Parry 1996).

Zimmerman vs. Atlas Energy. George Zimmerman is a Landowner in Pennsylvania State. He is suing Atlas Energy Inc. for destroying his land because of the activities that have been taking place around his and. The plaintiff claims that the Company polluted the soil in his land when it was trying to create an advanced technique link of natural gas.

al. 21). This means that many people entering the field of law will have had very little connection to the theory behind restorative justice – certainly they will have engaged with some of its practices (affirmative action, for instance), but by and large they could be ignorant of the depth of history, theory and practice involved with restorative justice as it relates to the legal field.

The proponent found that the secret to understanding organized crime and its behavior is found within the context of understanding typical business organization. Furthermore, defining the basic characteristics associated with organized criminal behavior would substantially pave the way for understanding organized crime.

The author shows that in Parker vs. Twentieth Century Fox, the plaintiff contended that the offer was different and inferior in a significant manner to that held in the initial contract. The defendant contended that the difference between Bloomer Girl’s contract was minimal and that a jury should decide on the substantial similarity.

In other terms, tort refers to a collection of rights, responsibilities and remedies applicable in the justice system, more so in civil lawsuits to compensate and relieve those affected or harmed by the wrongful actions or omissions by others1. Those who sustain injuries or losses due to tortious conducts are referred to as plaintiffs while those responsible for the injuries and are liable for the damages are referred to as defendants or tortfeasors2.

Due to the associated challenges of these changes, the American criminal justice system according to Ward tries to face and adapt to new forms of criminality; and recognize the importance of international cooperation, threats on America’s borders and the inceptions of new types of crime.

Evidently, community corrections program entails all non-incarcerating correctional sanctions that are applied on an offender in order to reintegrate him or her back to the community. The significance for community corrections is drawn from the need for options to jail, prison and or overcrowding of incarceration centers.

The need for policies have been an issue that has been evident since time in memorial and the various sectors that have taken advantage of this ideology have shown tremendous results in terms of success(de Lint, 2006). There are a number of perspectives that have come to light over the years that design the underlying ideology through which policies are created, they determine the approach that is taken by the policy makers when creating them and the manner in which the policies are made.

In case one party breaches the contact, they are likely to face an action of damage. Alternatively, the court may direct the party who have bleached the contract to a performance. In most cases, a contract is usually commercial in nature and it involves sales of certain goods or services.

Using this alternative, DFW can sign a contract with ST that is restricted to the production of computers and semiconductor chips of a specific quantity in SEZ without establishing a joint entity in SEZ. The contract shall detail the specifications, range, quantities, and quality requirements of items including the obligations, rights, and interests of the two partners.

This paper looks at the process of selecting members of a jury and the occasions of inclusion, or non-inclusion, of minorities and races in the jury composition. In research, it is shown that the South in the United States, tends to have more Whites on a jury than in other states, thus setting the stage for accusations of racial and minority discrimination.

Despite being full-time students, the Vietnamese children who were below the statutory age limit for working were still being paid their normal wages by their employer even thou they never reported to work, and their first recorded thought on this was that it was almost impossible to believe that they were being paid to be educated.

The author of the paper assumes that terrorism is greatly linked to Islamic extremists especially those from the Middle East. It is largely believed that the emergence of terror attacks targeting U.S. has been motivated by five major decisions Washington has progressively implemented.

This is to ensure scientists, programmers and other digital experts in their respective fields uphold essential innovations whose contribution to the global economy is viable. However, this has turned to be a nightmare to both US’ researchers and those emanating from other global states due to the fear of DMCA liability (Von Lohmann, 2010).

Crimes, that are all too prevalent, in modern society, from petty theft to hit and run and from sexual crimes to homicide finding the answers to questions and solving these cases. Crime solving is very much like putting together a jigsaw puzzle. You may have pieces, evidence, that doesn’t seem to connect at all, until you find the remaining pieces.

” This is a challenging question asked by many small business owners and large firm owners as well. Business owners understand that if they classify their employees as independent contractors it will help them make significant savings for their business.

As such, the paper starts by outlining the meaning of corporate veil and this will be followed by a critical analysis of the case drawing examples from different case laws and statutes related to this topic. According to Cillers et al (2004), the association of persons or an organised body can acquire legal personality by way of separate Act.

Also known as the sovereign citizen movement, sovereign citizens is an amorphous grouping of American commentators, litigants and financial scheme promoters who believe that they are only answerable to the common law, but not the US government and its laws and statutes, whether these laws and statutes emanate from federal, municipal or state level.

The Paris and Vienna Conventions pre-date the Chernobyl nuclear disaster which demonstrated the ultra-hazardous risks of nuclear incidents and the transboundary nature of those incidents. As a result the Paris and Vienna Conventions were amended to take account of the full range of risks and damages associated with nuclear incidents or accidents.

Even though there were some rights of humans that were individually identified by most members of the League of Nations, these were highly isolated and differed one from the other. With the magnitude of human rights abuses that the two World Wars came about with, it became immediately necessary that there become an evenly distributed code that guided the protection of the fundamental human rights of people.2 Acting as the single global unifier of nations, the United Nations under the auspices and guidance of the United Nations General Assembly adopted the Universal Declaration of Human Rights (UDHR) on 10 December 1948 in the French capital of Paris at Palais de Chaillot.3 Since the adoption

Cargo carried by both ships has also been partly damaged. Parts of both ships have also been damaged. MV Puffin’s oil tanks have not been damaged and there is no flooding. Therefore, it is proceeding to Singapore for repairs, and it will request tug assistance on arrival.

There is need to reconsider the kind of judgements passed on women having families, especially for the middle-income women with young kids. From this research, there is need to consider the kind of judgement passed on women, especially with reference to the dependants in her life.

Notably, some of the medical malpractices sometimes lead to the death of patients. On the other hand, there are some medical malpractices that are considered or categorized as minor (Frakes. n.d.). This negligence constitutes medical errors that possibly originate from treatment, diagnosis, medical dosage, aftercare, and or health management.

Consent to search is one of the limited exceptions to the general requirement for a warrant and as such dispenses with the Fourth Amendment’s probable cause and reasonable suspicion criteria (Maclin, 27). In this regard, a valid consent to search must represent a voluntary waiver of the Fourth Amendment’s right to privacy and the underlying protection of one’s right of security to the person, property and private life (Webb, 3371).

sed Transaction with the Company 15 Conclusion 16 References 18 Introduction The Companies Act 2006 (c.46) clearly addresses the problems associated with director’ Remuneration. This particular Act provides comprehensive regulations of the United Kingdom based company’s law.

Interpretivism promotes the value of qualitative data in pursuit of knowledge. This research philosophy is mostly concerned with the uniqueness of a particular situation contributing to the pursuit of contextual depth. The qualitative research method has its unique requisites so far its reliability, validity and generalizability are concerned.

The case is discussed with the help of three major questions. Legally both Pam and Katie have interest in 1010 Central Road. It is because to some extent both are associated with the property, directly or indirectly. Jenny is the property owner, the sole owner of the property as per record.

The opening of the report consists of the definition of an ‘employee’, definition of ‘dismissal’, fair reasons for dismissal, automatically unfair dismissals and redundancy. The report will also give detailed information about reasonableness in dismissal based on redundancy and considerations in redundancy dismissal.

Step Two: Rule of Law With Reference To Relevant Authority A contract’s main objective is to formalize a conformity taking place between two or more than two parties for a specific subject1. Australian Contract Law is dependent upon the inherited English contract law with precise statutory alteration of principles in a few of the areas.

The insides of the crown court were as solemn as its facade; it consisted of a raised platform, clearly reserved for the Judge, where he sat facing the court. The clerk t sat on a seat located just below the platform facing the court just like the judge. There was a reporter as well, who sat with a stenographer and recorded the entire court room proceedings.