The scope of the outsider right is so wide that it even includes matters related to the remuneration rights of the directors contained in the articles. It is based on the premise that articles do not constitute a contract between the company and the directors. They accept the office of the directorship based on articles.
This study assesses the problem of cultural relativism as a barrier to improving the lives of women by reference to the weakness of the implementation and enforcement mechanisms of CEDAW. Also, cultural relativism takes the position that there is no universally accepted standard for judging all cultures.
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The stand your ground law, which protects Americans, has also been in question as to the effectiveness as well as the people it protects. Black Americans fear for their future in the country after the killing of one of their own by a white person. It is in this regards that a rift is developing in terms of race and ethnicity in the American land.
Legally, the court insists on the quality of the information at hand, and its quantity. In Alabama vs. White, the police received a call informing them on a suspicious person, leaving the Lynwood Terrace Apartments. She had a brown car, with taillights.
According to results obtained from Monitoring the Future, twelfth-grade Hispanic students have increasingly been involved in the abuse of drugs and substances such as crack, heroin, Rohypnol and methamphetamines. Moreover, the students at the eighth grade have also been involved in the drug abuse more than blacks and whites.
This case involves Alex – a Western Australian winemaker, Neil – a regular purchaser of Alex’s wines and Clive – who is also a regular client of Alex living in Canada. Alex makes an offer to his regular purchasers and Neil accepts it, thus entering into a contract with Alex. The same happens with Clive.
The federal laws covering the civil rights are many. Based on figures provided by the US House of Representatives Judiciary Committee, at least two public laws on civil rights were enacted in the 1950s. However, the Civil Rights Act of 1964 and the Civil Rights Act of 1991 are among the most prominent.
The Australian Labor Law has undergone several reforms. All of which were aimed to improve the system of labor. It was subjected to a major change when the Workplace Relations Act was enacted. This legislation allowed the making of non-union agreements between employers and employees, otherwise known as the Australian Workplace Agreements.
Many incarceration systems utilize counsellors and other medical staffs in assisting inmates dealing with mental illnesses. The individuals that are presented with medical attention in regards to their mental illness will seek treatment while in the criminal justice system and that these individuals will have a higher likelihood of being paroled.
The author states that to successfully bring a case of discrimination against her employer under ADEA, there are certain things that Kayte Clarke must prove. In the case of Palasota v Haggar Clothing Co., the Court outlined what the plaintiff must prove to show that indeed there was discrimination that is actionable under ADEA.
As the paperAdvice on Advancing Funds against Military Retirees Pensions, outlines, advancing funds against military retirees’ pensions can be seen as a solution to financial problems facing members of the group because the process converts future pension checks into ready cash. Pension advances have serious financial repercussions for retirees.
There are several other significant developments that arise under the New Act, notably the facility of e-conveyancing, the legalizing of adverse possession, incorporating boundary principles into statutes and introducing compulsory registration of all land. This is likely to bring about some far-reaching changes into the manner in which land is conveyed.
The author states that the implied power of legislating laws to further the enumerated powers is also added. On the other hand, section 10 of the same article provides for the limitations of the legislative powers of the state legislatures (US Constitution). It is clear that the federal enactment regarding the Minnesota bird is not valid.
According to the research findings, it can, therefore, be said that laws are meant for common good but when it comes to age-old vices of the society, some of them come stumbling down the steep and tricky gorges of human nature; some of them survive and acquire strength to become a beacon of human equality and well being.
The photographer has the right to authorize the publication of the photographs and hence he has a right to demand compensation. The bride’s father has no any rights whatsoever under the copyright laws since the photograph is a copyrighted property of the photographer.
The researcher states that it is something which is related to destruction, whether it be of property or any kind of human rights. It is something which causes any type of harm to the third people whether they are living in the same country or even people belonging to different countries. There are thousands of people who suffer from these cases of crime every day.
The author states that the major signs of ADHD comprise hyperactivity, impulsivity, and inattentiveness. Moreover, it is evident that occurrence rates for ADHD in the general population of young teenagers and children range from 4% to 12%, with high rates for city areas, boys, and those from low Social economic backgrounds.
“No act is punishable if it is done involuntarily: an involuntary act …means an act which is done by the muscles without any control by the mind such as a spasm, a reflex action or a convulsion; or an act done by a person who is not conscious of what he is doing such as an act done whilst suffering from concussion or whilst sleepwalking…”
The author concludes that routine theory observes criminal intentions, suitable target and absence of a capable guardian as acting towards promoting crime. Behavior theory observes that criminal behavior results from learning. The understanding of these theories would be critical in finding appropriate strategies to rehabilitate the affected persons
The Federation of Australia will have to undergo changes in its form and organization, in order to derive the best possible combination that will promote the individual aspirations of a particular State and its distinctive people, while also providing a consolidated framework within which the nation of Australia can exist as a sovereign entity.
The theories of personality emphasize human characteristics. According to psychological terms, the human characteristics traits from a behaviourist perspective predisposes an individual to indulge in criminal activities. If we try to get the core essence of their respective theories, various characters of an individual will become poignant.
Both cases are frivolous lawsuits because of the extent of the claims that were made and the jury’s decision in both cases. It is imperative to note that the cases could have been prevented by the companies involved. However, this did not occur partly due to negligence and the refusal to accept that anything wrong was done
Mental disorders have become a global social problem. This explains the concern by different national and international regulatory agencies to ensure that there are guidelines in the management of these health problems. The underlying logic is that individuals with mental problems still have potential.
The corporation is an entity that is legally established under company’s laws. Qualities as a corporation for purposes of tax are based on the form of companies in most taxing jurisdiction (as defined in section 448(b) (2). Since Gary and Greta have a separate corporation, this means that tax may be imposed on the corporation as a separate entity from the two.
He is a gambler, tuberculosis patient, robber, mechanic and electrician some of the time and prison inmate most of the time. He is a destitute man unable to make a living thus, mostly turn to crime. Due to continuous suffering from frequent accusations and imprisonment, Gideon looks fifteen years older than his actual fifty one years.
The concept of ‘direct and individual concern’ within the scope of judicial review by the European Court of Justice is mainly aimed at establishing the principle of rule of law and to protect the rights of individuals. The concept of ‘direct and individual concern’ has been regarded as one of the central ideas within the scope of judicial review.
The financial considerations for this case, include the fact that St. Marks hospital is an under-resourced health facility that has to save its meager finances. The hospital cannot afford to care for charity patients since it is already financially constrained. It is also uninsured, which means that it has to generate all its income from the services it provides its patients.
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The current objective of policing is to safeguard life and property and ensure order. The policing respects the civil rights of individuals and police officers are barred from using violence in order to obtain a confession. The police officers have certain ethical standards of conduct and are constrained by the methods they can use in pursuing their objectives.
The author states that Bostonair and WTC Hull would have to go about this in different ways. Bostonair has the benefit of long experience and stable client relations. On the other hand, WTC Hull is only starting out. WTC Hull will have to make a greater marketing effort while keeping costs down, which may not be easy.
The paper will critically analyze and explain the legal characteristics of these concepts, also focusing on describing the issues that often occur in their performance. A separate sub-chapter will be dedicated to the concept of invitation to treat. The sub-chapter will analyze the concept of the invitation to treat.
The main function of courts is to analyze the evidence presented and to ascertain crimes committed while awarding the correct sentence. The sentence, however, is given after proving a person guilty as charged. The sentencing varies with the legal stipulations and Acts of law in the constitution of every country.
The author states that forensic science is not new, but the modern era has witnessed dramatic advances in science and its tool technology and this has its strong implications on forensic science as it applies these advances to law. The scientific method with regard to its role in forensic science involves three components of analysis.
It's clear that a proposed study of the effects of this sentence on these offenders will allow for a better understanding of the effects of the imposed consequence of their criminal actions. A review of secondary research provides overwhelming evidence that a moratorium on life sentences without parole is reasonable, Constitutional, and globally supported.
A question regarding the state law violation of the constitution against punishment was raised in the first case from Alaska. In one case, John Doe was found guilty in abusing his younger daughter. In the second case, another man was also charged in abusing case of a 14-year-old girl. They were released in 1990
Mr. Burrell was not aware of the fact that it could hurt the black community. Thus there arises a problem amongst the employees for violation of the laws of a school. The administration after taking the witnesses of the other employees terminated Mr. Burrell immediately without any investigation of the fact.
The author states that another important consideration, however, is what act or acts constitute the unauthorized practice of law. It will be seen from the above cases that even legal authorities, such as the U.S. Department of Justice which acted as amicus curiae in support of the defeated appellants in In the Matter of Arons, are not clear on this.
This paper discusses homicide in relation to the US criminal justice system. The paper analyses different forms of homicide and the circumstances under which a suspect can be declared guilty for the death of another person. There are two forms of homicide that do not amount to criminal acts – excusable and justifiable homicides
The report analyses the prevalence of homegrown terrorism within the U.S borders through a focus on radicalization. Understanding the radicalization process is crucial in developing effective counter-strategies. This is because potential terrorists begin and progress through radicalization processes.
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Probable cause is defined as the existence of enough evidence, facts or reason that is convincingly believable indicating that a crime has been or is going to be committed. In establishing probable cause, first, there must be a presentation of facts and circumstances. A police officer has to provide specific and convincing evidence.
This assignment will begin with the statement that Section 4 of the Human Rights Act 1998 outlines the declaration-of-incompatibility provision. S 4 grants certain courts the right to determine whether primary or subordinate laws are compatible to convention rights or not and to subsequently declare them incompatible if so found.
Obscenity refers to the act of corrupting the moral of the public through lewdness and indecency; mostly it is equated with pornography. Cyberstalking simply refers to the act of stalking or harassing an individual, groups of individuals or organizations using the internet or any other electronic ways.
As the paper, Rhode Island v. Innis, 446 U.S. 291, Stewart J., outlines, the issues highlighted in the case Rhode Island v. Innis is a violation of Miranda rights of Innis. Whether Innis was interrogated by the police officers in violation of his undisputed right under Miranda to remain silent until he had consulted with a lawyer?
Law enforcement officials respond to the serious nature of the crime with aggressive efforts to pursue and bring to justice the alleged perpetrator – usually a man. Once the perpetrator is in custody, the victim often gains a false sense of comfort and is unsuspecting and unprepared for the ordeal of pursuing her case through trial.
This type of short-term loan is now becoming an option to some of the Americans who are experiencing monetary difficulties. Although this has been offered by some companies for years now, there are many concerned consumer advocates who are discouraging people to patronize it, accusing tax services companies of an unfair collection of fees.
Other forces used to engage in sexual activity, e.g., physical or emotional violence, is also considered sexual assault. Forcible rape is the female’s carnal knowledge by force and against her will. The attempt to or assaults to commit rape through threat or force are included. It excludes statutory rape.
This paper explains in detail these four categories of criminology theories. It also discusses some of the major individual theories under these categories including Social Disorganization Theory, Lifestyle theory, Mednick’s Theory, Biosocial Arousal Theory, Gene-Based Evolutionary Theory the Super-Male Criminal Theory, Psychoanalytic Theory.
Correction officers have to carry out their duties in a hostile environment which disables child development. Children are very sensitive to environmental factors. The detainees are disconnected from the society before they have learned to thrive in it. The officers have to find a way to prepare the children for reentry into the society.
The laws are meant to encourage international trade among different nations. It is important for lawmakers to formulate laws that lead to harmonization of international trade. Such laws should put into consideration the different cultures that different nations have. Despite the many challenges facing harmonization, its implementation is important
A full-time horse-race gambler had gains of $91,000 and losses of $87, 000. The taxpayer deducted the expenses under Section 162. The service argued that Section 165(d) precluded the taxpayer from engaging in gambling as a "trade or business."The Tax Court held that the taxpayer's gambling was a business activity and allowed the deductions.
one of the key assumptions is that the discussion generally applies to both local and foreign acquirers of commercial property in the UK unless otherwise specified. Moreover, the discussion also focuses on the acquisition of freehold properties, and that the shopping parade in the provincial UK town is to be acquired from a freeholder of property.