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The state is considered liable in case of failure to implement the EU law or for partial implementation or in case of inappropriate implementation. State liability is a general rule developed by the “European Court of Justice (ECJ)” to ensure the formation and implementation of the EU laws and take responsibility for non-compliance by the member states.
e amendment, searches and seizure warrants are limited depending on the information made available to the court issuing the search and seizure warrants by an officer, who swears by the same (Wetterer 78). Aspects based on the fourth amendment forms the basis for the case between
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The author states that testimony offered during the trial revealed that before the murder, Derick Smith had told several individuals that he wanted the engine for his Camaro car. On the evening when the murder occurred, Clemons, Smith, and another third person, Kenny Reed, drove to a nearby shopping center to look for an appropriate car for Smith.
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Today, in the age of social media, employees and employers have greater visibility even after working hours. Employers often want to control employee relations on or off-duty. Employers have been observed to keep track of employees' personal behaviors posts their working hours, which reduces the privacy of employees.
Furthermore, he was known best in criminal anthropology field and criminal-type theories. In addition, he was also a person whose psychological characteristics and physical structure had degenerative and atavistic traits. These features made him
I agree on the importance of restoring economic vitality to a community. It is the engine that makes recovery possible (Canton, 2007). It allows the communities
The article is titled “Jury Awards Family $1.8 Million in Civil Case against Denver Police” by David Mitchell.” It appeared in the Fox31 Denver on September 29, 2014. The news story is about the $1.8 million compensation plus punitive damages that were awarded to the members of the Daniel Martinez family for unlawful arrest by Denver police in 2009.
This right is entrenched in the refusal of Puritans’ to work together with interrogators in the seventeenth century England. They were frequently tortured or coerced into admitting their religious associations, and if one remains silent, then he is
his scenario indicates that there is no a representative number of offenses committed by the white in the statics provided yearly by the Criminal and Investigation Department. The Crime and Investigation Department has confirmed that there has been a significant drop in the
The aforementioned case shows a new kind of liability. Negligence could not be proved against Mothercare. Injury and evidence that injury was caused by a defective product that is all that was required to make Mothercare pay compensation for that injury suffered by the claimant. This brings about a situation where anyone with an injury.
Dealing firstly with the issue between Nigel and Gareth where Nigel is claiming that he is entitled to continue to use the land as he has been doing since 1993 it is necessary to look at the ways in which Nigel might be able to substantiate his claim. Under the doctrine of prescription, rights can be acquired by use or enjoyment of the land over time.
A bill introduced by the member is referred to as a private member bill, but when introduced by a minister of the Crown, it is referred to as a government bill. Bills are also categorized by their subject: bills concerning the general public are known as public bills, while bills giving rights to an individual or small groups are referred to as private bills.
The author states that unauthorized trespasser injured while trespassing the property of another, may claim damages or compensation from the owner of the property in circumstances where the owner applied force beyond reasonable limits whilst defending his property since the owner the owner owes the trespasser a duty of care.
No one ever speaks of marriage in the same context: as a woman essentially selling herself for life to another human being—sexual relations included, a profound “duty” in the marriage relationship. Attitudes toward prostitutes and prostitution are in my view hypocritical, unrealistic, and a pure product of America’s moralistic and puritanical past. It should be legalized.
Thus even though the principle of corporate personality has been well established by the courts, the concurrent application of lifting the veil had created a bit of uncertainty, which has been to a very great extent been resolved and the courts have identified a number of situations under which the veil of incorporation would be lifted.
The High Court held that the advertisement did not constitute a legitimate offer for which the plaintiff could make an acceptance, but merely an invitation
Such contracts are, in effect, illegal. The penalty for such contracts, if found guilty, is over $ 10,000,000 in the case of companies. However, other individuals are expected to pay over $350,000, or face a jail term of not more than three
In most cases, people migrate because the previous countries in which they have been residing do not provide enough money to spend their life. Therefore, the biggest factor which has been observed due to which immigrants flee their country is money. Nothing is free in this world and nowadays, jobs also don’t come easily, especially when there is little or no education.
One of its key components is the creative control that the filmmaker exercises in the creation of the film. The purpose of Auteurism is to determine the author or maker of a film. Authorship of a film or TV program as in this case is assigned to the director and the auteur theory determines the competence of the director as a criterion of the film’s artistic value.
Agency is an arrangement between the two parties to perform one or more assigned tasks strictly in line with the legally abided contract with regard to the sale and purchase of goods and land or to provide services. Contrary to domestic trade, there is a wider scope of International Trade where the role of the agents is very prominent.
To achieve this objectives or purpose, different ways are used. First, it is through measuring the fluctuation, distribution, nature and extent of the crime by collecting data about the eight major crime index offenses. Second, is by measuring the
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This program is designed to deter the juvenile children or the potential juvenile children from turning into criminals. One can say that the children are scared and will think many times before committing a crime. This program is being practiced in many areas of the world. This program has been the target of questioning of various researchers.
Fundamentally, any wilful refusal or gross insubordination to adhere to a realistic management order will result in gross misconduct. Nonetheless, so as to justify dismissal, an employer must be first fully certain that the order that is being given is in reality a reasonable one or not. If such an order or instruction is not a reasonable one.
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The September 11 attacks on the world trade center in New York catalyzed the enactment of legislation that would provide law enforcement with greater powers to investigate and prevent terrorist activities. The spirit of the act is founded on the notion of providing all that is required by law enforcement, within the limits of the constitution, to effectively combat the war on terror (Doyle, 2002).
This case got to court after the plaintiff sued the defendant due to nonpayment. The courts ruled in favor of the plaintiff given that the differences in the quality of piping were not to any significant measure. Besides the name on the pipes which was at intervals of between six to seven feet, the pipes used were similar to reading pipes by their quality, appearance, market value and cost.
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It was discovered that national courts can make decisions on issues but they must stay within the best interests of state aid rules and regulations. On the other hand, directives and rulings on issues are to be the preserve of the European Commission whilst the European Court is called upon as the court of last resort in these issues.
Competition Law throughout the world is a hot topic for the corporates and countries, where there tend to be unhealthy practices that threaten to stagnate markets. This is in regard to collusion between and amongst countries and corporations to create their own safe haven of doing business. However, of most importance is the intellectual property docket, where there are numerous regulations and malpractices.
The Wild and Wonderful Whites of West Virginia is a documentary film by Julien Nitzberg portraying the social problems that a family goes through. “Fuss and fight and party’ is the motto of the family and there are various speakers in the documentary including policemen and lawyers who offer social interpretations of their wild behavior.
Welcome! Inc. is a corporation formed under the New Mexican Laws on partnership businesses. The law of formation requires that the corporation should sign a drafted agreement to decide how to handle various cases between the partners as they emerge. In addition, this agreement states the contribution of every member and the allocation of profits.
Randy Barnett is one of the scholars who justify boiler plate enforcement. He argues that people cannot consent to the legally bound even if they don’t know what the terms are as long as they aren’t radically unexpected.
According to the theory of contrast
Some of the common factors are local conditions that make populations want to migrate in search of better conditions: poverty, oppression, lack of human rights, lack of social or economic opportunity, dangers from conflict or instability, and similar conditions. There are three common types of human trafficking: the sex trade, forced labor, and domestic servitude.
The strategies inherently discussed would assist the Lebanese government in making property registration process more efficient and reliable.
The process of acquiring a property license is imperative for the success of a business or an
The deceased only allowed the defendant to drive after he had insisted. The main reason of the accident was that the defendant had dozed off and did not awaken in time to avoid colliding with the tanker. The top of the Jeep was
In ancient times there was little scope for international law, but the rise of nations in the middle ages made it necessary to have international law. This necessity arose out of the need to have rules on maritime navigation and rules respecting diplomatic officials. States began to find international lawlessness unbearable and soon adopted some form of international law.
This research paper investigates the roles that informal social control plays in the rising high drug usage areas of Louisville and Lexington, Kentucky. Using data from the Interuniversity Consortium for Political and Social Research (ICPSR), the relationship between informal social control and high drug usage is sought.
This paper will try to analyze this film from a legal perspective because there are many potential illegal practices featured in this film (Ferguson and Beck, 2010). These practices may include affirmative statements, actions, schemes and omissions. It will also
According to the National Crime Prevention Council over 25 percent of teens and adolescents have in one way or another been bullied through the internet on their cell phones. Unlike physical forms of bullying, cyberbullies always stay anonymous employing pseudonyms in various chat rooms, temporary email accounts, and other Internet channels.
Relevant to the findings of the case, it is critical to note that Sacco and Vanzetti were somehow guilty of the offenses as charged (Watson, 2007). However, even though they may have been actually guilty of the allegations as was decided by the judiciary, the kind of trial that they were given was totally unfair.
The vision of the 'work plan' to create independence and productivity amongst its recipients comes to a grinding halt as it only serves to trap its beneficiaries in low menial jobs that are poor paying with no fixed hours and no work benefits. Poor single mothers are the worst affected by this law owing to the 'work first' set up.
The funds would simply be divided among those remaining at the time the trust is terminated. In this regard, the funds can be taken by Joey who is Christa’s next-of-kin. The fact is it was held in Cunnack v Edwards that when trust property is abandoned, it does not become subject to bona vacantia, it becomes the subject of a resulting trust.
Medsystems has failed to establish substantial grounds to believe that any of their negotiations with EcoCath was based on concealed fact and therefore made uninformed choice in entering into a contract with EcoCarth. Prior to Medsystems getting into the contract with
“Relative deprivation includes both structural factors, such as objective indicators of a group’s income, and the subjective element of how people perceive their position” (Webber, 2009, p.88). Relative deprivation gives rise to discontent
Crime and law enforcement evolve together with technology (McQuade, 2006, 32). According to McQuade (2006), criminals evolve in their use of technology, requiring an improved understanding of newest
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t sustain an exception, a defendant (frequently) can hold off conviction by moving to nullify any evidence that the state may have obtained via the warrantless search. U.S. laws relating to search and seizure admit that warrantless entry is reasonable under sufficient exigent
The right of an inmate to proper medical services is justified and protected in all constitutions of the world. This is because when a person is jailed, he or she is in the custody of the prison and to the government at large. Such a person has the right to claim or demand proper healthcare services since it is the role of the government to take care of him.
But in case the animal succumbs to treatment, the owner of the pet can take action against the veterinarian.
Animal laws and procedures are different in each state. Not only that, but it is often the case
The United Kingdom is having well-established intelligence machinery in the world. UK’s security and intelligence agencies gather raw intelligence from technical and human sources. UK intelligence agency will assess the reliability and quality of the intelligence so gathered before initiating any action on it.