After he goes bankrupt, he applies to receive his job seekers stipend. The court denies him the entitlement since it is not clear whether he owns the second house. The commissioner argues that material facts in the case do not hold much. Claimant wants his second house be disregarded when calculating for his capital.
The Amendment has created a lot of controversy with regard to the debate on the issue of gun control. According to proponents for stricter gun control, the amendment seeks to protect the rights of States to uphold militia groups. However, the opponents of the regulations respond by asserting that the aim of the amendment was to guard an individual right (Barnett 2).
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According to Article 8 of ECHR, every individual is entitled to private life, family life, correspondence and home rights. Besides human rights, the Article also details the grounds under which public officers can disregard such rights for the interest of better immigration checks.
The finding found out that about 10 million Filipinos currently work and live abroad. Most of these Filipino migrants are subjected to conditions of forced labor, sex workers, or domestic workers throughout Asia. Report indicates that most Filipino women employed as domestic workers abroad are subjected to all manner of atrocities.
In this regard, the law differentiates between two cases. The first is requesting such an intervention by either party provided that this request occurs before the formation of the Arbitral Tribunal. The second case is after the establishment of the Arbitral Tribunal, where the law limits this interference to the request of the Arbitral Tribunal without extending this right to either party.
For example, the contractor has to assure that the building he constructs keeps free from structural faults even though the contract does not explicitly express such ideas. Any damages that tend to arise from a contractor’s or a consultant’s practices during or after a construction contract is executed, are liable to tort based prosecution in a court of law.
Therefore, in legal disputes, it can be said that there exists a lawful existence or a duty of right as provided by the law. In the resolution of private duties, private law, which establishes a framework of rules, can be applied to know which party in the case owes a duty or right (Mallor and Bowers 9).
The increase in the number of offenders under supervision in the past decade has caused a major expansion of correctional facilities, staff and budgets. In this regard, correctional captain is bestowed with the task to report to the designee or Sheriff. Moreover, a correctional captain is mainly accountable for the proficient functioning of a crucial organizational unit of the Sheriff Department.
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The author states that the 9/11 incident exposed the country’s vulnerability to terrorism of whatever kind. Therefore, in response to the incident, the then president, George Walker Bush found it necessary to form an independent department responsible for safeguarding the country from terrorist threats.
To begin with, ICT is very young and this brings in challenges of policy development. Policy development in the ICT sector even in places where ICT was acquired long time ago is still a trial-and-error process due to the fact that there is no enough information with regard to this sector.
These statutes have remained forwarded to cope with non- governmental performers in global politics as per Article 3, similar to the four Geneva Principles of August 1949. Procedure 1 makes the statute regarding global conflict used in wars fought for self-protection versus rival profession and versus colonialist and ethnic regimes (Beres, 1994).
S 62 of ITEPA 2003 includes all the benefits in kind to earnings which is money or money’s worth. “Money’s worth” means that the benefit is either of direct monetary value to the employee or can be converted into something that is of direct monetary value to the employee.
Facts of the Case: Wardlaw was an US citizen. One day, while seen a patrolling police van he was fled upon from an area of Chicago which was known for its heavy narcotics trafficking. Later on, two US police officers Nolan and Harvey was caught up with Wardlaw, and conducted a protective pat-down search of weapon as the area was known of high narcotic trafficking.
The Rule of Law is a concept that anticipates several fundamental principles in relation to what the law means, and how the meaning of the law should be applied. The concept of the Rule of Law is to a large extent ambiguous, and it only means different things in different contexts2.
The fact that the person you are replacing was fired after he told his bosses about the defect shows that your revealing this defect could cost me my job. On the other hand however, exposing my customers to such a risk is illegal because if one of them dies during cycling, then they shall sue the company.
This paper explores maximum ideas on the theories identified by Merton. Additionally the paper agrees with the theory of adaptation. Conformity marks the first mode of adaptation according to Merton. Most common people are conformists. The conformists accept culturally-defined goals and the socially restricted means of achieving the goals they struggle within the socially accepted ways and avenues such as education and educational advancement.
The courts engage decisional considerations in fairly terms to the plaintiff and the defendant considering the critical dissection in rational terms as well as keeping the rule of the law from artificial isolation and developing charges by standards of constitution jurisdictions.
I have summarised my opinion on the following issues as under: Professional liability in advising others in the UK is impacted by the following laws, namely Defective Premises Act, 1972, Health and Safety Works Act, 1974, Buildings Act, 1984, Land Charges Act 1925 of UK (LCA 1925), the Law of Property Act, 1925, Housing Act 1985, RICS (2006), RICS (2007), Contracts (Rights of Third Parties) Act 1999 Privity of Contract rule, Property Misdescriptions Act 1991 and Misrepresentation Act 1967.
This term paper intends to review sexual offender laws in general and sexual offences regulations of State of Georgia in particular. A sex offender is a person who has been criminally charged and convicted of, or has pled guilty to or pled Nolo contendere to a sex crime. A sex crime can but does not always include sexual intercourse.
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This research would explore some of the reasons that support or oppose the question as to whether poverty leads to crime. The paper would aim at answering a hypothesis that states that there is no significant relationship between the poverty and crime. It would also aims at answering an alternative hypothesis that states that poverty creates a volatile and favorable environment for poverty.
The research will attempt to address the primary question framed as follows: Does eighth amendment of the US constitution prohibit the death penalty altogether even on committing atrocious crimes or there exists any validity of the imposition of the same for killing, abusing, raping or doing any type of a heinous crime against the other individual(s) deliberately?
It represents full beneficial ownership of the land by the owner, and the owner is under no conditions and he also owns the land for an indefinite period. An estate which is fee simple is equivalent to the fully ownership of the land. The owner has rights over the property and he can exercise power over and upon it.
Introduction Public bodies have specific duties to protect or serve the public. However, the extent to which public duties can be interpreted to extend to a private duty of care under the tort of negligence has been a controversial issue.1 In particular, the House of Lords established the exclusionary rule in Hill v Chief Constable of West Yorkshire ruling that the police did not owe a duty of care to the plaintiff on the grounds that there was insufficient proximity and for public policy reasons.2 This essay critically analyses the exclusionary rule in Hill and identifies how courts have justified maintaining the rule.
This is important because like in the case of Roper vs. Simmons, it was clear that the cognitive ability of Simmons at seventeen years old was developed to the point where he could plan and execute the offence. A premeditated crime is committed by an individual who understands that there are repercussions to his / her actions.
Significantly, the debate concerning death penalty has become one of the most long-lasting and exciting debates in politics and criminal justice today. The supporters of death penalty claim that it is the most justifiable punishment for murderers and this form of punishment is indispensable to deter potential murderers.
The successful prosecution of a case inside the courtroom depends to a very large extent on the degree of preparation that goes on outside of the court. Any good prosecutor will pursue eyewitnesses if there are any and preserve crime scene evidence in order to strengthen and build up a case against the accused.
At the end of the Civil War, the Thirteenth Amendment was ratified, which abolished slavery. Not far behind was the Fourteen Amendment which gave all citizens equal rights and established the right to “due process.”
The first problem, according to Rosiers and Bittle (2004) is that law does have a strong social basis. In other words, the law of a land is shaped by the ideals of the society in which it operates. As a result, new and new crimes appear in the statute books from time to time, and again, the law of a land gets significantly different from the law of another geographical area, and thirdly, though an action does not violate law in a particular country, if it violates the international law, the person again is liable to be punished.
This is a problem that may be exploited by unscrupulous corporations who will bury very important terms in thousands of words of filler. Unfortunately, it is a situation which has not been alleviated by any kind of meaningful statute or common law. As the commentators below suggest, there are remedies for this kind of unequal bargaining power, and the biggest equalizer is simply ensuring that important terms are displayed in such a way that the consumer will pay attention to them.
Determinate sentencing refers to a scenario where a convicted defendant has conferred a fixed punishment term for a criminal offense. Determinate sentencing is more often issued for crimes of a non-violent nature such as fraud. Indeterminate sentencing is the imprisonment term issued to a convicted defendant.
Congress has passed new regulations that point towards operations of health insurance companies. The new regulations provide for his coverage despite his preexistent condition. Administrative agencies have been vested with powers to see to it that these regulations are effected. These agencies have several undertakings meant to facilitate this process.
The Act gives the authority to take legal action against people responsible for murder, enslavement, extermination, incarceration, rape, torture, deportation , maltreatments on racial, religious reasons as well as other atrocious actions when carried out during armed conflict which are internal or international in nature and when directed against innocent citizens.
The author states that the police must provide suspects with the following information before the search can begin: proof of their warrant card, information on police powers to stop and search, information on your rights, the police officer's name and police station, the reason for the search and what they think they might find when they search you.
A legislative pronouncement to define the relationship of unmarried cohabitants would curtail their right to choose not to mention their right to privacy since the State would now dictate the tenor of their relationship. It would cohabitation within the purview of the State. In many instances, couples choose not to be bound by the restrictions of marriage or civil partnership.
The lessons that the society learns from the biting effect of financial crisis help in making policies which intend to cushion the country from similar problem. The financial crisis that rocked the world in 1970s had devastating effects to the society. Economists and policy makers developed policies, which they thought could help the world to remain stable amid the challenges that come with economic meltdown.
has been spearheaded by government policies and legislative initiatives. In order for policy objectives to be effective, legislation is necessary. If sentencing and punishment are left to the absolute discretion of judges, the results would be uncertain and unpredictable.4 The main problem with the government’s policies toward combatting domestic violence is the fact that domestic violence is not a specific offence.5 Domestic violence can be covered by any number of statutory and common law offences ranging from homicide to harassment.6 For the purposes of sentencing and punishment, the various offences that can be grouped together as domestic violence were identified by the Sentencing Guid
This will ensure that she makes a sound decision by getting into an agreement that safeguards her interests. Business agreements can either be bilateral, unilateral and standard. This paper will explore each type of agreement and discuss the best contract for Katie.
This was unexpected of the European court since the court is supposed to act as the defender of human rights. Several issues were raised at the court including the right of upholding human rights of global citizens. Article 3 and 8 of the European Convention of human rights were used in deciding the merits of the case and all other arguments advanced by the case.
However, this knowledge does not make them cease the proliferation of nuclear weapons in the world. Developed nations are guilty of involving themselves in the proliferation process, but are quick to point fingers at other nations. During the World War, the use of these nuclear weapons caused massive damages, which are felt to this day (Corera, 2006).
The setting of the movie recounts to the examination of the constitution and the necessary modifications since it portray the procedures of the constitution, that the law is superior to every person. The Fifth Amendment states the due procedures of the law.
The reasons for the said crisis was due to the “development of exotic financial products” such as “sub-primed mortgage backed securities and complex financial derivatives and credit insurance instruments,” including “deregulation of financial markets around the world” and “public policy initiatives” which were said to interfere with “healthy market forces” (Dobbs & Minyard 1).
Amendment two A precisely regulated armed force, being essential to the safety of a free state, peoples’ rights to keep and own arms, will not be disobeyed. Amendment three No combatant shall, in peace times be quartered in any home, without the owner’s consent, nor in war time, but in a way laid down by the law.
Discuss the Evolution of Contract Protests to Include the Administrative Procedure Act of 1946 and the Competition in Contracting Act (CICA) 1984 9 Administrative Procedure Act (APA) of 1946 9 Competition in Contracting Act (CICA) 1984 10 Conclusion 11 Works Cited 12 Introduction ‘Contracting’ is often defined as a process of legal hiring or transfer of ownership through purchase, renting or leasing.
This involves execution of necessary laws and regulations to prevent crimes from taking place particularly within a country including the national borders. Drug and human trafficking are among some of the most serious crimes in the country (Stark 2011, pg.
This paper examines whether The Human Rights Act 1998 gives power to the judiciary sidelining the Parliament. Historical context The Crown had given up its legislative powers to the Parliament as early as in the seventeenth century and by the nineteenth century the Parliament emerged as the ultimate power in the constitution through its elected representatives.
Large Companies’ “Green” Credentials Have Increasingly Come Under Intense Scrutiny.” Table of Contents Introduction 3 Ethical responsibilities of A Director Under Section 172 Of The Companies Act 2006 3 Opinion As To Whether Section 172 of the Companies Act 2006 Is In Need Of Reform.
This paper examines The Innovative Design Protection Act of 2012. A number of modifications were introduced in the 2012 version of the legislation. Firstly, the new version consists of a short title; Innovative Design Protection Act (IDPA), which replaces the rather mouthful Innovative Design Protection and Piracy Prevention Act (IDPPPA).
The drug syndicates have carried so many assassinations and are still killing people to date. The U.S.-Mexico border has made it hard to control drug trafficking between Mexico and the U.S. it is one of the longest border with millions cross over per year.
It has been associated with political motives that aim at intimidating governments and organizations because of their actions or intended actions and sometimes with the aim of influencing decisions to be made by political forces. While traditional approach to terrorism involved physical attacks on property and people in whom the target political organizations have interests, technological developments have enhanced such attacks that can now be done on the internet and may target networks and their contents instead of targeting people and physical property.
As it is the tradition of the criminal justice system, the hearing will be before a Magistrate Judge, who will have to issue a verdict on whether there are reasonable grounds that you committed the offense (broke the windows), whether it is within the jurisdiction of the court to hear and determine the case, and whether the evidence available shows there is a Probable Cause that you committed the criminal offense.