Law Essays

Even though violence between family members is common nowadays, the clashes between the husbands and the wives are causing more problems than anything else. Domestic violence is a behavior used by one person in a relationship to control the other. Partners may be married or not married; heterosexual, gay, or lesbian; living together, separated or dating” (Domestic Violence: Definition, 2009).

There is a difference in finding liability and finding a duty of care. 1 A duty of care can be described as the circumstances and relationships that created a legal obligation to take care. If such care is not taken by a party, then that party could be made liable to pay damages to the injured party.

The author explains that for creating a lease contract, there should be a landlord who owns or legally possess the ownership of a land, a tenant who will have the privilege to exclusively possess the land for a definite or contracted period by paying a rent, where the landlord retains a reversionary interest.

The classic definition of murder is attributed to Coke can be summarized as “murder is when a man of sound memory and of the age of discretion, unlawfully kills within any country of the realm any reasonable creature in rerum natural order the Queen’s peace, with malice aforethought, either expressed by the party, or implied by the law, so as the party wounded, or hurt etc.

Each of these groups is treated differently in the prison and this gives rise to racial discrimination. The offenders facing death penalty and counting their final days in prison are also discriminated on such racial basis and treated differently. Despite comprising around 12 percent of US population the blacks comprise more than 50 percent of those awaiting death penalty (Bobo & Johnson, 2004, p.152).

In situation where there is no sufficient reason to prove the existence of a serious threat presented by the killed person, the person who killed can be held liable for second degree murder. In most situations, second degree murders arise from spontaneous actions such as fights. The legal penalty for the crime is less severe than first degree murder. 

It is used in order to properly cite materials, references and cases used in the paper or essay not only to avoid being cited for plagiarism1, but more importantly, to acknowledge the intellectual source as well as to aid the reader who may wish to inquire more deeply into a particular topic.

The author states that while founding partners may prefer to make an agreement that is less flexible, changing circumstances and the instance of conflict necessitate the making of flexible partnership agreements. Partners in many instances may set up businesses with little planning for unforeseen circumstances.

The Act is a crackdown on illegal immigration which is perceived to be the primary cause of economic hardship and lawlessness in the State. It is likewise advanced that illegal immigrants deprive lawful residents the full public benefits due them since public benefits accrue to all residents regardless of their residency status considering that these public facilities and benefits are generally provided without the necessity of verifying the immigration status of a person demanding or requiring public service.

This particular police chase seemed just like the others. That is until it ended in onslaught violence by the police officers. It forever changed the way L.A. police officers were viewed and inspired a wave of riots that is seldom paralleled in the history of USA.

There is a hierarchical difference in various corporate that exist even in the same country. Therefore, it is prudent to justify that corporate structure differ from one organization or country to another. However, structures and organizations in various corporate is the way in which different structures are formed is to achieve a common goal, that is, managerial accountability1.

Some of the examples of sources of business finance are through capital markets or through commercial banks. This paper seeks to offer an informed advice to Simmons Ltd. with respect to two sources of business finance, capital markets and commercial banks.

The law being referred to in this case is the maritime law. Therefore, it looks at the statement that best reflects the maritime law. Hence, it begins by providing the statements, which are followed by some basic definitions that give a clear picture of the situation1.

While the penalty for inflicting bodily harm or injury to any person with an intent to do so is life imprisonment, it is very different for any bodily harm or injuries caused to a person without intent to do so (Ormerod, 1996). If any person caused bodily harm or injury to another person, they are responsible for a misdemeanor and are liable to a prison sentence not exceeding 2 years (Davis, 2003).

Offer and acceptance, as components of an agreement, are some of the elements of a valid contract. A contract is therefore, valid if, among other essential elements, all the rules that pertain to offer and acceptance are honored.

Generally, lump sum amounts are not subjected to income tax assessment, because they are considered not income in nature. Furthermore, such amounts are not subjected to capital gain tax if they fall under certain class which is exempted. Nonetheless, lump sum amount is taxable if its purpose is to reimburse not more than a loss of income.

It is hoped that, by examining clues and looking for patterns in the crimes that have been committed, a means of somehow identifying what type of person would commit such a crime will emerge, thus helping law enforcement. Even though it has been shown to be employed as long ago as 1888, in the case of Jack the Ripper, it is still regarded as more of an art than a science, and at times scorned by law enforcement professionals.

It also underscores issues regarding the ancient human right system in the history of criminal justice and issues regarding penalties and how they were imposed on different characters in various places across the globe, preferably in Rome, Greece and Mesopotamia.

). Based on the nature, IP can be divided as Industrial property and Copyright. Patents, trademarks and designs, normally come under Industrial property whereas literary and artistic works come under Copyright. This paper analyses the History of intellectual property law, Types of Intellectual property law, Intellectual property law in Australia and My opinions about intellectual property law History of intellectual property law Intellectual property law emerged under the Elizabethan era in the form of royal favours granted by the King or the lord of the land to the introducers of new techniques.

Law Name: Course: Date: Law Proportionality is used as a principle of law to indicate the fact that any punishment that is handed over to an offender, should be well in proportion to the offence that that individual has committed (Turner, 199). Thus, the punishment that an offender receives should be directly related to the severity of the offence committed.

Cooke (2010) posits to the effect that the plaintiff should prove to the court beyond reasonable doubt that he has suffered a civil injustice such as injury, loss of employment or income as a result of the defendant’s action. Remedies can only be given in form of compensation if he court can prove that the plaintiff has suffered an injury as a result of the action of the defendant.

One of the most common issues faced by the world in later part of 20th century was regarding the unequal distribution of resources and goods. Therefore to resolve this problem, Rawls came up with two Principles of Justice which are also commonly known as Justice as Fairness.

of evidence. In discussing this evidence, the admissibility and the relevance of the evidence will shed light on the system as it relates to the course of justice. Evidence Doris Doris has alleged that Donald hit her. Her story is that she was struck by him during a party where they both were in attendance.

A Criminal Profiling Code of Ethics . Mena (2002) argues that, profiling is recognized in a number of terms, including crime scene analysis, psychological profiling, behavioral evidence analysis, biopsychosocial profiling, psychosocial profiling, criminal profiling, and criminal personality profiling.

The verdict by the Supreme Court was in accordance to the first amendment which safeguards the release of public statements even when they are not true. The change of the ruling by Justice Brennan held the facts of the US constitution’s first amendment, which protects freedom of the press.

According to UK employment law, it is the right of the employer to pick and hire the candidate they feel has met the organizations requirements and job description. However, the law allows the candidate or employer to file a case if they are denied a chance or sacked on grounds of; marital status, gender, race, religion, disability, political opinion, nationality, and union membership (Chandler 2003, P 5).

Legal ethics is a complex idea that can be viewed from different perspectives. Whereas, individuals without legal background often perceive legal ethics as their only consolation in their quest for justice, most of legal experts experience difficulty adhering to legal ethics.

In itself, land is defined as the surface, subsoil, airspace surrounding it, and any other thing that may permanently be attached to this land. The gravity of this definition is that it paves way for a wider scope, given that anything permanently attached to this land may include houses or other forms of property.

Case Study Name: Institution: Case Study Question 1 The case study, when politics trumps policy, clearly demonstrates how politicians can influence decision-making using their powers. Apparently, the satisfactory policies within the prison system are evident because there has been a notable reduction in recidivism by a mere thirty percent, but a politically inexperienced governor feels that it is necessary to eliminate these programs thought it is necessary to eliminate the programs.

It findings provides vital information to one family facing the prospects of seeking justice through restorative process. This family had one of its members killed by an inmate who wishes to seek for forgiveness before execution. However, most of the family members are not willing to meet the family of the offender because they feel that it is an attempt cover the crimes committed.

I gained specific disciplinary knowledge in criminal justice, which helped me perform my roles as a polygraph examination professional at the Los Angeles Police Department. The education at the University helped me develop ethics and work values, which were highly applicable in criminal justice.

Thus, it timely addresses the need to protect the workers from undue advantage from the employers who tend to offer salaries which are not commensurate to the job being required.

The joint venture entered by both the organisations provided that any dispute that may arise would be resolved by arbitration. Moreover, the law of State X affirms that all the foreign investment agreements need to be sanctioned by the minister of finance.

In the field of forensic, the study of toxicology is used to figure out the level of chemical contact and the level of injury caused by toxic substances. The study of forensic toxicology is conducted by a forensic toxicologist who needs to take into consideration the context in which the investigation is occurring (Levine 3).

As the code states, a warranty is not mandatory for the government, but certain defects and gross mistakes that occur in the provision of the products or services need a warranty for their acquisition. To determine whether the warranty is appropriate for a certain acquisition, contracting officers have to assess the arising costs, reduced requirements, trade practices, administration and enforcement of the contract, and the nature and use of the product or service.

In order to cope with the requirements the US Correctional facilities have invested in technology to ensure that routine supervision and monitoring of the prisoners is as automated as possible and that it uses as little of the overstretched stretched manual labor that run the prisons.

Notwithstanding the reservations of State L on the ratification of the pact by State K the Pact is deemed enforced unless State L pulls out of the Pact. Article 12of the Pact does not specify whether the pact will come into force upon the full ratification or a partial ratification, similar to that of State K.

The Public Employees’ Fair Employment Act, stated under the Civil Service Law 200-214, commonly referred to as the Taylor Law is a statute governing the labor relationships that cover public employees in the state of New York.

A former police officer, Mr. Abramski bought and legally transferred a firearm to his elderly uncle for self defense. Abramski purchased the gun at a local gun dealer at a discount since was a former police officer. During the purchase process, Mr. Abramski passed all the federal requirements laid down at the store; therefore, he bought the gun successfully from another store in Pennsylvania.

Electronic commerce refers to businesses conducted over the web using internet-reliant applications like web services, instant messaging, e-mails, Electronic Data Interchange, online transactions, and electronic money transfer, among others (Qin 8). The rising technological advancementslargely affectconsumer behavior due to the many people engaging in online businesses.Different countries have set laws to govern electronic commerce.

This is attributed to the UK being a European Convention on human rights signatory and union of four separate jurisdictions namely; Wales, Northern Ireland, Scotland and mainland England. In the UK, court hierarchy establishes the binding power of decisions and to which courts, which is commonly referred to as the doctrine of precedent.

The types of cases that would be heard in the various courtrooms, as well as the appeals processes available per type of court are also discussed. County-Level Courts: A county-level court is simply a court that is based within a jurisdiction that covers one or more counties, which are administrative divisions in a nation.

The author explains that such an issue would not have occurred if stakeholders had taken prior responsibility for the work they do. This law has got very many good things and works to protect all the stakeholders from different business perspectives. It has held every individual accountable for the actions that they do.

PACE was intended to provide balance in terms of safeguards against police abuse of power and at the same time enable police to carry out their functions of crime control.2 However, despite statutory regulation it remains a controversial issue, particularly in the context of practice and its impact on police relations with the community.3 The powers of police to stop and search citizens has been the subject of much controversy for two reasons.

Since times immemorial, the very quintessential element that constituted the foundations of law is that each and every person is responsible for one’s wilful acts. In that context, the legal concept of negligence elevates the purview of law to a higher level by enunciating the fact that each and every person is also responsible for the harms and injuries caused to others owing to a lack of ordinary care on one’s part or a lack of skill evinced in the management of one’s property or person.

According to the research findings a contract is only valid if it involves two parties, there is an agreement and the contract creates legally binding rights and obligations. Case scenarios of Arju have highlighted various concepts as pertains to contract law. They have emphasized issues like: caveat emptor, duty of care, misrepresentation, actual undue influence, impossibility, negligence, invitation to treat, and invitation to offer.

The crowd inclded young children, teenagers and even a judge. Most just wanted to meet her and wish her well whereas others wanted to ask her questions. But one man, Jared Lee Lougher, had a different agenda on his mind. He arrived at the spot some time after 10 a.m carrying a semiautomatic 9mm glock.

The practice has raised so many controversies and has been a subject of many heated debates in the recent past. Many countries do not support the idea saying it is a bad practice. In my view the practice is bad and should not be tolerated. It only amounts to discrimination which is a bad thing in the society.

ational laws are under the domain of the ECtHR and not a matter for national courts. On the facts of the Nada case, beginning in 1998 the UN Security Council passed a number of Resolutions in response to terrorist attacks US embassies in Kenya and Tanzania.

The defence of loss of control is restricted to murder and is unavailable for other offences. It constitutes a partial defence, because on successfully pleading loss of control the defendant while being absolved of murder will be convicted of the lesser offence of manslaughter.1 The previous position, in this regard, was patently unjust, with regard to cases wherein there had been a lapse of time between the provocation and the killing.