Law Essays

This coursework explains the various reasons given for punishments, in reference to its changing historical context. To scrutinize the effectiveness of punishment, deterrence is used. Additionally, an investigation to the use of death the penalty over the years reveals the changing context of punishment.

Child sexual abuse is a black mark on the very face of society. Raping the innocent and defenseless children exhibits the intensity of mental retardation, the magnitude of deprivation and nefarious socialization process of the culprits, which are responsible for the ruination of the entire stratum out of their lustful desires and nasty plans. 

The judges to the Supreme Court had different reasons for vindicating Ms. Daigle. Though it recognized the philosophical, theological, and metaphysical issues that arose in the case, it only dealt with the legal aspect of the case. The issue here changed and focus was shifted from the fetus being human to the legal status of the fetus.

The results of this proposed study may have strong implications for understanding a factor contributing to rape and potentially reducing rape. In addition, this suggests that the ideas proposed in the paper by Raphael and Winter-Ebmer may be correct. These ideas were that the amount of rape that occurs within society can be in part linked to the amount of time that perpetrators have available to them.

This case study also addresses the effects that criminological theory and research have had on contemporary and historical crime control policies in New York City. One of the indicators of the overall economic and social health of the city of New York would be the safety and the security of its neighborhoods. 

Any breach of the outline of the law on negligence may result in the payment of damages and/or punitive damages. Otherwise, he may suffer the consequence of paying damages to the victim of the negligent acts. Normally, liability for economic loss falls in the case law segment of law where the judge selects the best course of action in accordance with the situation at hand.

This assignment also discusses transfer from juvenile to the adult justice system, the ethics of using tracking devices and ethical dilemmas in handling detainees. The Supreme Court has not offered guidelines on how the detainees might be treated where it is impossible to release them to China, it only gives human rights considerations on the same. 

The licensing agreement proposed to be signed between Alarmz Ltd and Rio Inc. has numerous advantages. However, it requires attention in regard to the protection of its various legal rights including intellectual property rights. Building strategic partnerships overseas provides ample opportunities for both companies. 

The legislating body of America and the Supreme Courts are concerned about public safety or the protection of privileges of people individually. According to the Patriot Act defined by the US government, all the groups responsible for putting the law into effect can question the Fourth Amendment if it bypasses the rights of citizens.

The film presents the facts that are presented in the Greenbury Report 1995. The code has helped in guiding companies to effective board management. Its purpose has been the facilitation of good corporate governance. It is essential, together with the recommendations from the Greenbury Report, in the prevention of future financial crises.

The legal issue to be proved at first instance was whether there was any form of sexual contact between the claimant and the boy. They had to establish whether there was any form of improper contact that would attract disciplinary action against the claimant. The panel should consider whether the actions constitute an abuse of trust in his implicit position. 

Alarmz Ltd is a company that prides itself on the use of technologically updated car alarms five years running. The increase in car thefts and faulty vehicle tracking devices led the company to create ideas for the manufacture of a new tamper-proof alarm. There is a need for Alarmz Ltd to enter into a licensing agreement with the preferred manufacturer. 

It is apparent that both moral and practical considerations are relevant to the law of privacy in the UK; they are moreover necessary. However, circumstances may exist which cause the two approaches to be in direct conflict with one another, because the broadness of moral considerations is largely difficult to apply on a practical level. 

The cricket club could sue Brunel under the tort of negligence. First Brunel owed the cricket club a duty of care.  Brunel breached the duty of care as he did not offer services reasonably expected from a man of his competence. Lastly, the cricket club suffered damages as a result of the breach of that duty.

There are many other factors that may potentially influence the level of rape than unemployment. Correlation tests could be used to test these variables, but this would give little indication of how these factors interact with each other. A more effective analysis would be to examine information for multiple factors at the same time.

Torts may be classified according to the negligence of others or their lack of performing their duties, for instance, if the councils do not maintain good roads which then cause accidents. Torts usually result in compensation of the accusers, rather than the accused facing a jail term or other punitive measures similar to those in criminal offenses.

The private security firms and the people provided by them are facing stiff competition in today’s world since security is a prime concern for most of the organizations and the companies. They have to upgrade their security people and train them with the latest security methods and machines, so as provide the best kind of service to the organizations that they work for.

Alternative dispute resolution provides the necessary window for conflicting parties to reconcile their differences and move forward without many battle scars as they would have gained had they gone to full-blown court litigation. It bears stressing though that ADR is not meant to replace the courts; rather they are supplementary and complementary to the formal court litigation processes.

There is a need to redefine sovereignty in this era of globalization in order to strike a balance between sovereign states and international world order. The basic tenets of sovereignty like the provision of a mechanism to constraint any possibilities of violence between states need to be retained. It should be given international perception. 

The major fault that has been found in the UK Constitution is that there is no clear declaration of essential principles. In nations with clear written principles, the laws are generally more difficult to be modified. The most significant principles of the UK Constitution are parliamentary sovereignty and the rule of law. 

Derek committed an offense in the sense that his party interfered with the order and tranquillity of the neighborhood. He breached this Act because his party interfered with the intention that this Act purported to instill and maintain in society; law and order in an event of a party. However, he did not breach the textual provisions of the Act, fundamentally. 

The issue in the report is whether the dismissal of Clarissa was for a fair reason. Secondly, it needs to be examined whether the procedure used for her dismissal was fair or not. Unfair dismissal includes wrongful dismissal which involves the breach of employment contract, discrimination and constructive dismissal which is an implied form of dismissal.

A Quistclose trust appears simple to understand from the point of view of commercial application, and one would tend to appreciate and agree with the soundness of the rationale of Lord Millett. Problems arise when the Quistclose is sought to be placed in the legal context, because from its definition it is difficult to categorize, therefore difficult for the rights of the parties to be discerned by legal definition. 

England and Wales operate a ‘general boundaries’ system of land registration.  A title plan with ‘general boundaries’ shows the boundary of a property in relation to a given physical feature on the ground such as a wall or hedge as identified on the Ordnance Survey map. The red edging on a Land Registry title plan is therefore not definitive as to the precise position of the boundaries.

This essay reviews the article Can selling arrangements be harmonized? By Gareth Davis that rediscovers a step-by-step continuum of core mechanisms in the European Court alongside the articles 28 and 95 in their relation to the Keck doctrine. A critical analysis of the article is a so-called way toward a re-evaluation of the trade solutions in terms of the judicial system in Europe.

The jury consists of 12 non-legal people from various walks of life who have no prior experience in law, and are given evidence to adjudge upon the case. Their verdict is expected to be based on the evidence presented in the court, the deliberations and arguments of the counsels and the guidance by the judge.

Through this case of Mrs. Lambat, the report analyzes the dilemma faced by social workers in similar scenarios. The report, therefore, concentrates on policies relating to assessment, budgetary allocation, and provision of services and care for disabled people like Mrs. Lambat. Being a long-term condition also implies that disabilities can be a lifelong condition. 

Free movement is still a far off dream for the European Union due to different regulations of different countries. However, the EU has facilitated the concept of four freedom i.e. free movement of goods, services, people and capital by the creation of various treaties and agreements. The European Commission has been established to monitor the free movement of goods smoothly.

The backing industry of Saudi deserves changes in reference to culture and structure. This is because it has been violating different laws put in place to safeguard stakeholders in the banking sector. The industry needs to follow the guidelines in the proposal to ensure fairness prevails in the industry.

The essence of compensation is to restore the offended party to the same position they would have been if the contract was not breached. In some cases, the gains obtained by the party breaching the contract through the misrepresentation can be stripped off and awarded to the claimant. Jemima should file a civil suit against David. 

In a two party contract, the bill of lading clearly defines the rights and responsibilities of all the people involved in the transaction. Thus Lord Denning MR in The Nanfr [1978] QB 927 was right to state that both the hire and the freight have different responsibilities as regard to vessel use is concerned and should be treated in a different manner in a court of law.

Riordan Manufacturing being one organization conducting business at the international realm has the obligation of complying with international laws and treaties of all countries it with which conducts business. The organization is bound to adhere to the CISG guidelines as stated by Cheeseman (2010) that CISG is a model Act for the international sales contracts.

This report also focuses on the survey that will help to identify how the American government can sustain this policy and will identify the needs of American people in respect to this policy and thus pressurize the American government to be consistent with the needs of the American people while drafting this policy.

Correlation accent of ethnicity for Lebanese are not closely related, this portrays the non-reliability of favorability on either ethnicity or accent. To the Lebanese accent and reliability do not have an influence on favorability in the courtroom when treated separately. On the other hand, there is a close correlation between accent and ethnicity to the Mexican.

There are several enacted statutes that offer remedies for damages resulting from admiralty problems such as oil spill, sea accidents, piracy, and insurance, etc. In this case, a scenario that involved very many parties suing and being sued, a comprehensive legal framework has been established that ensures that almost all the claims have been addressed.

The two businesses include a bar business and professional practice and may be detailed on the basis of basic requirements necessary for successful business formation. I would also be keen at outlining the entity choice for each of these businesses as a way of providing advantages over the other.

The other objective of criminal law is to make it possible for individuals to coexist in society. Other objectives include defining the procedures of recognizing innocence or guilt and to choose the form of treatment or punishment after the individual is convicted for violating society’s laws.

The ruling is delivered even before the court obtains facts concerning that case. In a case similar cases emerge in the prospect, similar rules or rationale is utilized in conveying justice through legal decisions. The doctrine finds basis on stare decisis meaning that considering previous decisions made on similar cases. 

As noted by Bernitz et al., the Treaty on European Union (TEU) does not contain any provision with an express statement that regulates the question of the supremacy between the European community and the varying national laws passed by member states.  

Based on these fundamental human rights, it is recognized that marriage and family are the basic social institutions, however, the State cannot impose its will on individuals for them to marry when they prefer to cohabit without the benefit of marriage or civil partnership. The freedom to decide on matters affecting their private lives is addressed to the sound discretion of the individuals concerned.  

In fact, both the laws are insufficient to seek the help of others for assistance. Compared to other states in Australia, Queensland has more restrictions on the use of the Advance Health Directive, which results in hindering individual freedom to healthcare. 

The fact that Raylan and Boyd had agreed orally to set up a partnership and share profits and expenses equally does not amount to an agreement in law because, in absence of a written document containing provisions and guidelines about the partnership, the courts will apply the state law on partnerships (Bagley and Savage, 2010 chapter 20).

Usually it was seen that the carriers were at a greater advantage and had more negotiating and bargaining powers as compared to the shipper. The first attempt to introduce balance into the carrier and shipper relationship was to introduce a new modeled bill format, which had fairer terms for both parties. 

This link between punishment and the structure of the society is reflected in Durkheim's views about punishment and types of solidarity in societies; Philip Nonet and Philip Selznick's analysis of transitional legal systems and the movement from repressive to responsive law; Donald Black's work on the behavior of law; 

The principle of non-refoulment is the foundation of international refugee law and asylum. Article 14 of the Universal Declaration of Human Rights grants the right of seeking and enjoying asylum from persecution in other countries (Thomas 2011, p. 71).

This was to send an informal message to my client that he is a wanted man and, thus, he should act carefully. The main source of conflict is leadership as this group lost confidence in the ability of my client due to his physical health.

The definition of “Technology” in the agreement is very wide in the agreement. The technology aspect of the product covers any machine, product, apparatus, method, process, substance, composition of matter, or improvement thereof. This implies that any competing technology that may be even remotely related to the product is a potential breach of the contract.

The reason why parole causes inconsistency and resulting in a lot of doubt is that it gives the tribunal the power to determine the amount of punishment that an offender is to be given. In addition to that, the tribunal does not give punishment depending on the fault of the offender but at times puts into consideration things like the amendment to custody and the potential risks involved. 

The limitations imposed on the manifestation of religious belief are legitimate only when they negatively affect citizen rights, and public morals, health, or order. It is only under such conditions where there is a real threat to democracy a state has the legal right to interfere and impose restrictions on the manifestation of one’s beliefs.

Another important legal issue, in this case, is the intention to get legally bound and consideration.  Intention is the objective of both parties to get legally bound and is often determine by the courts objective.  Consideration is anything that is given in exchange for the promise that is received.