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When Hamilton argues for the judicial independence, he states that the judiciary has no power over the sword or the purse. In other words, judiciary is the weakest branch of government. He indicates that the judiciary does not
The simplest way to say it would be that Felonies are more serious charges than Misdemeanors and therefore, carry a heavier penalty under our courts of law.
Misdemeanor charges are usually classified as one of the following types of lawful
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Thomas’s body was found by a police constable who’d originally parked his patrol car as a result of two dogs whose behavior seemed odd. “The dogs kept rushing up and down the grassy bank near a gap in a hedge at a slight bend in the road.” The Constable proceeded to the spot on foot and that’s when he found the body of Thomas Jackson.
The company will have the aptitude of reclaiming its shares if it is suspecting one of its stakeholders has malicious intentions for the company. However, this will be authorized by the court if convincing evidence is provided to substantiate this fact. This spiteful member will be relieved of the privileges enjoyed by him through his stature.
All the local, national and industrial organizations had to encounter severe challenges in the midst of the cleaning up process for the spillage that occurred (Exxon Valdez, 2011). The current study focuses on the incident of the Exxon Valdez Oil Spill in 1989, the hazards
Choosing to save a life at the expense of another, equally important life is an issue of heated debate. On the other hand, letting both the twins died due to inaction is equally improper. In reference to Alexander McCall Smith’s article appearing in the Guardian newspaper dated 23rd September 2000 it is proper to agree with the issues raised.
With regard to international laws, there are cases where extraterritorial jurisdiction has been exercised beyond international boundaries, particularly under an agreement between the concerned parties or nations. These legal agreements allow the US government to exercise authority and jurisdiction over the members of the US military in these countries.
The author states that Special Products, after Douglas’ resignation, filed a suit against him for soliciting the organization’s clients but he argued that there was no ‘non-compete’ contract. The issue to be determined is whether a ‘non-compete’ contract existed between Douglas and Special Products.
The broaden interpretations of "major life activities do not confine to caring for oneself only”. The Supreme Court in the year 1999 held that an employee could not be considered disabled provided impairment could be done through remedial measures. It specifically provides that impairment must be identified without considering cited measures.
These rules are best outlined under laws number 1001 to 1008 of the United States Federal Rules of evidence. There are exemptions to the production of original duplicates of written, recorded and photos as evidence in a trial court.
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El Niño Southern Oscillation (ENSO) is a cycle. The warm phase is called the El Niño Phenomenon and the cool phase is the La Niña phenomenon. Their names come from Spanish, meaning boy and girl, respectively. To understand La Niña and El Niño, one must first discuss the El Niño Southern Oscillation (ENSO).
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Provision of support for victims and witnesses by Court Service comes from agencies mentioned earlier. Nevertheless, the court staff has an important role not only indirectly assisting of victims and witnesses but also in availing information available for other agencies as so that they can pursue the objectives in the code of practice for justice.
The male role models for young boys in the society are also usually violent men who get what they want through this violence. This is quite different from how girls are socialized. Young girls are encouraged to be
The Indian Ocean alliance will be an economic and security alliance. It will help in protecting the security of the region, as well as promoting its economic development.
To promote
In the movie, one of the jurors is of a dissenting opinion and passionately attempts to free the accused. He does this by successfully convincing the other 11 members of the jury to buy his idea of “burden of proof” concerning the evidence presented against the accused. The defendant is accused of having murdered his vicious father.
A tort is a civil wrong that is legally recognized as the ground for a lawsuit. The wrongs may result in harm or injury which constitutes the grounds for a claim by the party that has suffered harm. Nevertheless, it is also true that there are torts that also amount to crimes and are liable to imprisonment or punishment.
Coordination during disaster management is done at various levels due to the fact that the tasks of assistance during disaster management are often interconnected and demand coordination of activities for a positive
The method works in a manner that leads to the occurrence of active criminal activities by the offenders (Tonry, 2011).
Observation can assist in identifying methods suitable to
The step the US has made in terms of democracy is as a result of the article of confederation which was its first written constitution. Critical assessment of this article explores democratic society pillars. During its formation, the US was in a war and required immediate legitimacy to earn international recognition and seek help if need be.
According to the judge, if Fred Friendless has a blood content of 10, they must presume that Fred Friendless is intoxicated. Therefore, obtaining a conviction for Driving while intoxicated, the prosecution will need to establish that Fred Friendless was actually operating the vehicle under the influence.
The business organization that will best protect us when we start the ice cream business is the state Agencies under the small business administration department. This is because it has provision for financial aids for small businesses starters. The name of the company should evoke connotations that reflect the culture and philosophy of the business.
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It is important for employers in this industry to understand the scope of these issues in order to avoid penalties, fines, and litigation. Employees, on the other hand, also need to understand their rights in order to ensure that they have proper employment terms and appropriate working conditions.
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. Despite the jury’s position that the Circumstantial Evidence did not merit proving the case of intended murder of Caylee beyond a reasonable doubt, it is evident that the prosecutors had adduced evidence that had sufficiently served the principle of ‘reasonable doubt’ as a requirement of the law (Sarokin, 2011).
However, terrorist groups including Hezbollah, Al-qaeda and Al-shabaab have been on recruiting drives to acquire more members especially near countries that they believe opposes of their cause. Since the Amexica border is one route of entering into
If the state does not permit polygamous marriages, if one partner is still considered legally married to another person then they are not eligible for a marriage certificate. If the couple is proven to have a close ancestral relationship then they are not eligible for a marriage certificate legally. If one party at the time has not attained the age of sixteen years of age.
Her earnings are based on commission which is approximately 15% of each sale she makes. Despite, her ever-increasing performance, she is dismissed because the company anticipates or intends to open its retail shops to facilitate the selling of its wine. The notice of the dismissal however leaves more questions than answers.
Under English law, there is no specific protection against freedom of speech before the introduction of the Human Rights Act 1998 and until then, a claimant can seek a remedy only under common law for any infringement of his freedom of speech. After the introduction of HRA in 1998, the treatment of freedom of expression has transformed swiftly.
The damages remoteness rules limits, in both contract and tort cases, the number of compensatory damages for which a negligent defendant may be liable. In tort law, the rule regarding damages remoteness is that a defendant may not be liable for any damages that are reasonably foreseeable.
The youth justice system involves children and young people aged ten to seventeen in England, Wales and Northern Ireland, eight years old in Scotland and fourteen in Italy who break the law. They are sometimes referred to as juvenile offenders. Since the young person is yet to discover their role and responsibility within themselves and in the community dealing.
The ECJ’s rationale in reaching this conclusion highlighted the assumption that Directives imposed an obligation on national courts to consider them regardless of Member State failure to implement as specifically pointed out in the Summary, paragraphs 1, and 20-22. The best way to describe what the decision in the Ratti case is principally about is option b).
These precautions would have been sufficient for the public at large who used the pavement, but the claimant was special, in that he was blind. While walking to his work along the pavement, as usual, he had a fall because he tripped over the end of the hammer lying on the pavement. Normal people would have seen the danger.
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Best Oil can bring an action against Portland Council to enforce the rating concession on the ground that it is an implied term in the contract, but the Portland Council cannot imply the term of terminating the concession if and when Big Oil assigns its interest to another even though it has a substantial interest in it.
The author of the paper describes that within a few days after the completion of the agreement, the plaintiff learned that the Government had lessened the amount of asphalt that was predetermined under the contract by around the number of tons of lessening supposed in the complaint.
The Committee also shows how databases have created an evolution in forensics. Before the invention of the Automated Fingerprint Identification Systems (AFIS), fingerprints were compared by hand to only a handful of suspects. Now a latent print can be
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Cybercrime takes the form of defrauding bank accounts that are online and the illegal downloading of music files. The creation and distribution of viruses on computers and exposure of confidential information pertaining to businesses amount to cybercrime. Criminals use identity theft in order to steal information from other internet users.
An agreement creating and defining obligations between the parties” is a contract. Essentials of a Valid Contract: Agreement between two or more parties; The intention of entering into Legal relationship; Lawful consideration; Capacities of the parties; Free consent of the parties; Lawful object. The conditions make a lawful contract between the parties.
VAWA has reauthorized grants that support programs meant for improvement of the processes of law enforcement and prosecution response to domestic violence. It has also mandated that advocates take part in the implementation of these
Employers and their employees have legal provisions and obligations to adhere to in the process of working together. When legal provisions that govern the interaction of employers and employees are violated, or when either party fails to meet their legal obligations, lawsuits are highly likely to occur.
Alexander, took care of her. In the course of treatment, her condition worsened eventually leading to amputation of her right leg (Hogan 146).
The plaintiff’s side argued that was it not for Dr. Alexander’s negligence, she
Dissolution of the marriage was approved on the same day that is October 28th. The father, Aubry D. Wages, was required to pay child support to the mother. After the case was heard and a judgment was given, the mother got married to another husband and decided to relocate. The two newly wedded couple moved from their current place to Kentucky.
Many people believe that Sharia is made up of extremist rules that imply severe physical punishment for certain sinners, strips women from certain rights, and is trying to take over the jurisdiction of non-Islamic countries. However, many Muslims believe that Sharia is significant in Islam because it gives them guidance to go about the world righteously.
The case is one of the most important in the fight against slavery in the Western world in history since it revolved around both international policies and US law. The thirty-six Africans aboard the ship had been kidnapped illegally in Sierra Leone, by Spanish men Ruiz and Montez, to be sold into slavery in Cuba.
An employer is vicariously liable for harassment that is committed by his employee. In this case, the court confirmed the rule that, employers owed a duty of care to their employees to ensure that they were not harassed or bullied in the workplace. At the time when the offense occurred, he should have taken immediate action.
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The Building Ordinance requires that prior authorization of the building department is mandatory for all construction works unless the works are exempted by the Ordinance. Nevertheless, several buildings in Hong Kong have illegal structures which pose fire and structural safety risks. These unauthorized structures also have implications on the title of the property.
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The prosecutor performs the work of prosecution in the United States legal system. They are agents from the office of the attorney general. The prosecutor represents the opinion and the interests of the public judicially. All the members of a society have the same interest in protecting themselves from criminal activities and their effects.
son who has a better chance of getting out of a contract due to unconscionability is the person to whom goods were sold to in an unfair contract or way.
b. The symbol for justice features a woman wearing a blindfold illustrating that the law should be applied the same way
There are 113 professional staff employed by Phoenix using dual PC systems. All its IT-related tasks are handled by a central IT unit, including its on-line corporate network, systems back-up, and legacy mainframes due for an upgrade. As the management
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McDonnell Douglas MD-83 was the one who was to troubleshoot the problem. The flight was from Puerto Vallarta, Mexico heading to Seattle and San Francisco. Forty seven passengers were heading to