Accidental events usually depict a negative outcome, which could have been shunned or prevented subjected to the prior recognition or prediction of the unfavourable circumstances1. Certainly, occurrences of accidental events are mainly caused due to particular fatal human error, which might not be deliberate but results from carelessness from the either or both parties.
APPLICABLE LAW FOR THE CASE With regard to the case of Jami Jensen, the Title VII of the Civil Rights Act of 1964 can be applied. This law is charged against the conduct of sexual harassment by the employees in the workplace in the United States. She was eligible to get certain compensation for the damages she had to suffer due to the ill treatment of the company as that company was liable to abide by Title VII of the Civil Rights Act.
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The nature and purpose of CSR varies from organisation to organisation, however the generalised function of CSR-related policies are to ensure internal compliance to regulatory frameworks and government-induced policies, to monitor internal activities of the organisation to meet ethical principles mandated by society, government and business, and also to advance social good (McWilliams and Siegel 2001).
The European Union brings together several countries within Europe thus developing a common market necessitated by the use of a single currency. As an economic body, the European Union unifies the European market thus permitting goods and services to flow freely by permitting investors from member states to invest in any country.
According to recent figures, there are still a higher number of female complainants than male plaintiffs. Federal and state anti-discrimination laws are intended to protect employees from sexual harassment. However, there are problems inherent in the both external and internal anti-harassment policies.
Therefore, both parties, that is, insurer and insured are tied by the principle of utmost good faith to give full disclosure on the insurable loss, obligations and implications on each one of them. However, the case study on Mr. Farid v Prudent Insurance Inc shows violation of some basic principles of insurance.
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Courts are universally responsible for dispute resolution when a complainant remits accusation or charges on the other party. Both parties possess equal rights in a way that the accused should be allowed to shield themselves from the charges, since the accusation may be false.
(ii) Mr. Wood has a six year lease to the cottage of the farm though he has never lived there. Further the lease allows him to buy the freehold on sale of the farm. (iii) There is a shortcut in the land used by neighbours to the local pub and they claim to have prior right to its use and will continue using it.
Ethics Form A Comparative Legal Political Analysis on Child Labour in India and Pakistan Opening remarks This ethics proposal form was meant to be submitted prior to the research for my dissertation. However, my lecturer did not inform me at that time that I needed to submit this form.
The author says that Libya and Iran are two oil-rich countries where nationalization of international oil companies have taken place with various legal problems where the International Court of Justice (ICJ) have intervened and have declared various decisions. The large multinational oil companies have attained efficiency.
The objective of the Land Registration Act 2002 was to reformulate the law pertaining to organisation of registered interests in land under the previous Land Registration Act 1925. One of the central objectives of the LRA was to reduce the scope of overriding interests, the extent to which this has been achieved in practice has been questioned by academic commentary on the LRA provisions .
The author states that a contract need not specifically declare time to be of the essence. In general, a contract comprises of several conditions that indicate the importance of time. Some of these are that time is of the essence or that delivery dates are of fundamental importance. The parties have to make the delivery within the stipulated time.
The individual is considered rational enough to make decisions about their own well being and can choose any religion they want. This theory also states that government should interfere only when it is for the protection of society. He is quoted as saying, “The sole end for which mankind are warranted, individually or collectively, in interfering with the liberty of action of any of their number, is self-protection.” “In the part which merely concerns him, his independence is, of right, absolute.
Reflection Essay: An Experience Related to Crime Name Course Instructor’s Name Date Reflection Essay: An Experience Related to Crime A personal experience one clearly remembers that is related to crime in terms of being an observer who assisted a victim of vehicular manslaughter.
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The author explains that credit card fraud includes theft of personal information which provides access to another individual’s account. When the card is physically stolen, the theft can be discovered quickly but when personal information is stolen, it can take longer. Charges incurred through credit card fraud can be exorbitant.
" Introduction A new legislative structure for company law was introduced on 8 November 2006 in the United Kingdom. Further , the so called the UK Companies Act 2006 also received assent from royal on 8 November 2006, which pioneered some unique transformation to the English Company Law.
The subjects of interrogation techniques are mostly the witnesses, victims or suspects. There are numerous interrogation techniques, which include deception, waterboarding, torture, and Reid technique among others. In the United States, the US personnel have used numerous interrogation techniques, some of which have been approved by the US government.
They preside over court proceedings regarding particular cases with a bid to administer justice. Their powers, training, method of appointments, and functions vary across different jurisdictions.1 However, regardless of jurisdictions and provisions of law, judges are required to conduct themselves in a court of law in an impartial manner.
This is because of the increasing awareness that international terrorism is connected with Ethno-national Identity problem in one way or another. Many theories were recently proposed by eminent sociologists, anthropologists and psychologists with respect to the reasons of international terrorism.
While certainly politicians are entitled to ask for contributions, they are not allowed to make political favors conditional upon receiving said contributions, which is what governor Blagojevich was convicted of doing. This paper will examine the case, from the background of what the governor was charged with, the prosecutor's summation, the defense summation, the final verdict and final sentencing.
Treaties between states provide international law that has a binding legal effect between the parties that have agreed to the respective treaties. On the other hand, customary international law develops from the consistent conduct of states based on the belief that such behaviour resulted from legal requirements.
The powers used by the Police forces are legitimized by the Law. The police force is different from other military forces or other organizations involved in defense of the state. However, Law Enforcement includes the policing activity (Walker 1997). Policing includes group of activities in different situations but the main purpose of these activities includes maintenance of order (Neocleous 2004).The present perspective of police is to maintain democratic system, besides acting as a fighting force.
Stem cell research began during the 19th century when it was found that certain cells in the body had the potential to transform into other cells and by the early 20th century greater research was being carried out on these potential cells. Stem cell research have been conducted on human as well as animal cells, and in general, stem cells are of 3 types namely, totipotent cells, pluripotent cells and multipotent cells.
The first amendment deals with the right to religion, freedom of speech, press, assembly and petition. Citizens may advocate on behalf of groups that have been labeled as terrorist groups, unless their expression bears a causal relation with substantive evil, or such advocacy is directed to inciting of imminent lawless actions.
The court procedure for minors is different from that of adults, in that while an adult is arrested, a minor is detained (George, 2008). Therefore, after the presentation of Colleen M in court, and her case cited or she is detained in a juvenile facility, the district attorney then files a petition for the minor, within 48 hours, unless she was arrested on a weekend.
Project financing is a term that is used to refer to the techniques used in the financing of projects in many sectors and is emerging as the technique of choice for project managers. The technique is innovative and is currently preferred by many corporate bodies as a means of ascertaining the feasibility of finance projects.
ABSTRACT Administrative decision judicial review is the authority vested to review laws, court decisions, policies, or executive powers relevant to subjudice matters. The judicial reviews have been imposed in many states in search of equity and fair judgments.Judicial review has been made part of Australia’s legal process although there are no clear provisions in the constitution.
The word crime is often used to describe an action or omission that constitutes an offence that is punishable by law or simply an illegal activity. From the sociology point of view, it is any action by a person that is deemed injurious to the general public welfare or morals or to the interest of the state and that is legally prohibited.
They will include additional recruitments of people into the police force and developing the human capital that is available within the community (Weisburd, 2011). In addition, the changing of the attitudes of policemen towards the community and their close cooperation with members of the community will be applied in fighting crime (Oliver, 2008).
Many individual and group stakeholders have decried the effects of the Patriot Act 2001 on the liberties and rights of U.S citizens as enshrined in the U.S Constitution. Like the other departments, the education sector has also been affected.
As such, the council of elders should devise the laws that will create order in the island of Tagg. The elders will utilize legal theories in formulating laws for governing the Island. Marmor (2005) indicates that authorities normally formulate laws, which guide the populace in nations endowed with natural resources.
The comparison revealed that United States has a penchant of locking up its citizens at a rate five to eight times compared to its counterparts in the industrialized world yet it still has a criminality rate comparable with the rest of the industrialized countries.
1(1) and (3) of the Criminal Damage Act 1971, they emphasized on the importance of the legislative intent given to the word “reckless,” which Lord Edmund-Davies exhaustively explained in his dissenting speech in the R v Caldwell.2 In the said Caldwell decision, Lord Edmund-Davies cited the Law Commission’s Working Paper No.
The Section 2-202 with respect to Parole of evidence Rules state that all the documents and other paper substance which are imperative for the formation and the execution of the contract may not be denied or refused to be appreciated by the parties to the contract if there is a dispute to the particulars of the contract.
This right is guaranteed by 5th Amendment of US constitution. The provision serves to ensure that individuals do not provide information that incriminates them and exposes them to being jailed (Burgan, Shouba & Sluys, 96). There have been cases that have been dismissed in a court of law because the suspect was not read his/ her Miranda rights.
Evaluation of criminal justice authority or discretion is of considerable significance; it ensures that no personnel in the criminal justice systems misuse or abuse power. Discretionary authority is widely practiced in the various fields of criminal law justice. For instance, police officers use discretion.
Armed with this data, public safety officials can forecast crime and crime rates (Lynch & Addington, 2006). Usually, forecasting is made easier when data is available. Using forecasting programs and software (similar to those employed in other industries) combined with professional analysts, it is quite easy to tell what the crime rates in the United States will look like in the future, and how past crime rates influence future ones.
The democratic principles in US require that Americans be informed on government activities. Nevertheless, the national defense has throughout the history required maintenance of secretion of certain confidential information so as to protect the citizens, democratic institutions and the homeland security.
Wealth generally refers to the net-worth of a taxpayer. All his assets are included and the liabilities are deducted. Calculation of fair value of assets is easy in some cases and very difficult in others. A tax on this purchasing power of an individual is called wealth tax.
The ne bis indem was initiated to be supportive of the member state laws and to help in governing of the European community as a unit. Several cases have been tried to test the credibility, ability, and applicability of the ne bis indem, European Union law.
By the year 2000, the citizen oversight program was active in over 100 municipalities. Citizen oversight in policing facilitates the tracking and investigation of police misconduct. Citizen oversight is a move that seeks to make police units accountable for the policies they operate under, the service they provide and the conduct of their staff.
Obscenity in courts Obscenity in courts authored by Lockhart and McClure in 1955 is a treatise on the trajectory of treatment of obscenity problem by the judiciary. Starting from Hicklin test of an English decision applied in 1800s, the American courts formulated their own standard which also changed as times changed.
Law and Euthanasia.
Terminal illness or disease is a medical term that found its popularity in the 20th century. Terminal illness is regarded as a disease that cannot be cured; therefore, patients suffering such diseases are bound to die specifically within a very short period (Keown, 2002; Pg.
Defaulting of Loan and foreclosure of Property After notifying his son that he had an inheritance in the piece of property, Andy’s son had some legal rights to use the piece of land for any property owning benefits that would bring value. But it is worth emphasizing that in joint tenancy with right of survivorship, after the death of Andy, who was a partner, the ownership of the property revised to the existing owners alive and not to the heir as spelt out in the will.
Since it became a state, Nevada’s first formulated constitution has had over a hundred of numerous amendments, which are incorporated in the original document, allowing the state to run under its original constitution unlike other states. The constitution sets forth policies of laws necessary for the citizens’ functions, and which tend to match up to or reflect the U.S constitution.
The essay continues to unfold the different kinds of terrorism that exist, that is; international, religious, and state terrorism, giving the differences and similarities that exist between them. The researcher also goes deeper to give the different groups that are classified in each kind such as Al-Qaeda and many more others.
This paper points out that terrorist training usually takes place in regions that are convenient for those who train the terrorists or in well known extremist areas such as Somalia, Syria, Lebanon, Iraq, Afghanistan and Pakistan. Major terrorist training units that have been involved in the training of terrorists in the above mentioned areas include Al Qaeda and Taliban.
The article does identify the issue accurately and clearly, but mostly focuses on the fact that the offender wore various disguises in order to perpetuate his robberies. I believe that the main issue in this case is the robbery itself including the wearing of the disguises.
Aside from several judges who may be overloaded with cases, lawyers and prosecutors will also feel the burden when they are trying to get their cases heard in the courts. A management information system (MIS) database, which encompasses all the courts in the county system, for example, provides a way to document and code all the cases coming through, and also retains information needed for further research such as how many times an offender has been arrested, particularly if it is one type of crime.
There are numerous methods of research enquiry and one of the popular amid them is scientific method. Scientific method is regarded as a set of methods that are normally used for examining research phenomena, acquiring adequate research information and incorporating new knowledge.