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Tai Hing Cotton Mill Ltd sought to recover some sums of money from three banks. The banks had allegedly debited the amounts wrongfully against the company’s current account. The appeal was dismissed. From the appeal, one question that rises is one of the general principles in the law that governs how a banker is and customer-related.
Besides, I have also discussed the demerits of using such methods for various applications. The illustrations given here have been accompanied wit short and relevant examples for easy
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Shooting at another individual is considered an inherently dangerous act that threatens human life (Crump, Cohen, John, and Pether, 102). Concerning the dangerous act or ‘dangerousness’ requirements, Sam’s delivery of cocaine is a dangerous act inherently threatening human life. Considering the elements of the crime, cocaine dealing is a crime.
It is a fact that in the first sense, judges are accountable. This can be witnessed from the way they have to disclose all information and materials given to them and the reasons for making particular decisions in public. In short, the decisions they make are subject to scrutiny both by the public and the media.
In the introduction, different types of abuses have been mentioned in order to explain to the readers the severity of the problems. Domestic violence is the process of harassment that includes physical or mental abuse of a domestic partner. A domestic partner can be a married partner or an unmarried partner staying together.
Facts: After some time, the two separated, and the plaintiff Thelma, approached the court to enforce two written agreements that were about a sale and assignment of a property. Riley had entered into a lease agreement with Jerry Strickland and Wanda Strickland. The lessor was given the option to purchase by the agreement.
Applying the principles of rule of possession of chattel to this instance, Bill Sykes has obtained actual physical possession of the corpus with the intent to retain it for himself. The sale has been executed through a negotiable instrument10 – a promissory note to pay the balance of $50,000 on the day subsequent to the sale.
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In contrast, the HL made a declaration of incompatibility in R (Anderson) v Home Secretary and said that the Home Secretary could not decide the minimum period that a murderer must stay in prison. This was not a fair trial under Article 6, because a trial should not be conducted by a judge, not a politician.
As a result, the clients would be educated on the ecological impacts and a wider interest in environmental conservation in the development initiatives could also be created (Collis and Tyldesley, 1993). Also, this would help the public to understand the penalty applicable if any blatant violations of the regulations are made.
The impact assessment issued by the Ministry of Justice, revealed the government’s concern that the law on provocation as laid down in s3 of the Homicide Act has been used as an easy escape of those who killed after mere loss of temper but has not been helpful to those who were forced to kill out of fear of serious violence.
It deals with decisions made concerning the notions of “right” and ‘wrong. In criminal justice, particularly, emphasizing the importance of ethics is necessary especially in making legal judgments. However, one has to deal with an array of complicated things before achieving a stable and “just” judgment with regard to an act.
In general, all sections of UAE Employment Contract are smaller than Saudi Employment Contract, hiring a Saudi National in Saudi Arabia is like hiring UAE National in UAE, but there are some terms that need to be customized. The Saudi Ministry of Labor applied some regulations and terms to secure employers, to protect Saudi employees.
The Code governs transparency and accountability standards for companies listed on the London Stock Exchange. In essence, the Code is a set of guidelines (not mandatory rules) aimed at achieving good corporate governance standards in the UK. The first principle pertains to the role of non-executive directors in a company.
In this paper, I will interpret the court's reasoning for abolishing the death penalty in the states of New Jersey and Illinois. After the United States Supreme Court had issued states the go-ahead to start executing prisoners again in 1982, the state of New Jersey changed from execution to lethal injection.
An individual who occupies land but is not the true owner of the said land can acquire title to the property without the agreement or consent of the true owner. Before 2002, this rule was governed by the Limitations Act set out in 1980 in common law and governs that after a statutory amount of time, a squatter can claim ownership of land, and not even the original owner can evict the squatter.
Anytime Congress was on the verge of establishing the legal structures necessary for the implementation of a direct tax, it behooved the legislative body to divide the duty among the American constituent States, as provided for by the laws of apportionment. In 1895, however, a legal tussle came up concerning a federal law dealing with income tax issues.
It has been and will be the greatest problem public safety will face if nothing is done about it. It is eating up our society and leading to other greater problems which threaten each individual, no one is safe. Drug trafficking and the violence committed by the organizations within this system is the biggest threat to public safety.
As per the investigative team report, it was found that the baby was murdered by fracture on the head (Ahlgren and Monier).
It took almost two years for the investigation team to find out that Bruno Richard Hauptmann was
In either of these two, Mafia significantly functions just like a normal organization. However, what differentiates it from other organizations is its very nature which deliberately
addition, DatagraphiX has already claimed (as per the law) varied features comprising its product there should be no other party, which has the right to duplicate or use them.
In this case, Miller’s actions were against the law because the lists of his former employer’s
This paper highlights the boundary location between lots of 12 and 13. Issues that pertain to land and boundaries are considered very important. This boundary was formulated in enacted into a legal requirement in 1878. It is important to highlight that this boundary came into physical existence in 1882.
In the original common law, the crime of conspiracy was not rigid and settled since it would grow infinitely as it would accommodate new situations and various actions would be criminalized if they had adverse effects on the society
A poor set of regulatory legislations can be observed to involve a number of factors associated with lack of governance will, weak infrastructure to practice legislations effectively along with the inadequate practice of accountability. The observation of responsive regulation has been observed to encompass a number of effective strategic measures.
Therefore, ensuring that absence or presence of physical evidence may influence the case either positively or negatively. An example is that the defense can obtain physical evidence force was used in
The paper also shows that the officer must conduct the search to look for any material that the suspect might use to carry out the offense. Golden Hour principle which implies the period immediately after an offense has been committed, when certain information sought by the police can be available in high numbers.
The word doctrine is in reference to the fact that the judgments made by the higher courts remain binding on a lower court within the structures of the courts of England wales. In other words, this means that before judges proceed with their decisions to try cases they have to check and find out whether a similar case has been judged previously before the court.
Despite the sting operation conducted by the FBI officers and the Xwood police department being a legitimate law enforcement technique. They should not be used among officers themselves, as they bring mistrust among the officers themselves since in most cases the motives for the sting operations are not always clear.
e crime twice under the Fifth Amendment, which ascertains that an individual shall not be tried twice for the same crime in the same jurisdiction (Stephens & Scheb, 2008).
This rule falls under the Double Jeopardy Clause that prohibits the law from prosecuting the individual
The number of male juvenile in prison in between the year 2007 and 2008 actually increased by 10, a seven percent increase from 141 to 151, on the other hand the female juvenile population in the state’s prison
According to the study, without civil law, the society would not know what other people expect from them, in addition to not being able to plan for the future with any level of certainty. Without criminal law, people will be unsafe with powerful exploiting the less powerful. Without laws of the constitution, citizens may not exercise their basic rights.
This project is going to face a lot of opposition. Much of this opposition will be attributed to the previous failure of the company on the Australian coast which involved an oil spill. A minority of the people who are against this project say that environmental degradation is the main cause of their opposition.
The Protection of Freedoms Act 2012 Section 109 made the trafficking offence into three separate offences with regards to trafficking within, out of, and into the UK for prostitution-related activity. In addition, the new Act also covers exploitation that may occur after or during the trafficking journey.
Any career in law enforcement demands training in the beginning. Every recruit must undergo intense training to be officially accepted into the force. Passing the rigors acts the as the basic introduction into the force before proceeding to the job training as an officer in training (OIT) with a field training officer (FTO).
Therefore, the jury is responsible for finding the facts and a jury’s verdict is based on whether they agree with the facts presented before them in a court of law, or whether they disagree. The judge is responsible for
The latent damage Act established an extrapolation of the normal six-year statutory limitation period of simple contracts. The extension applies to the claims that arise due to latent defects. The defects include the defects in the property that results from the faulty design, the personnel, and the materials that were used during the construction of the property.
His father owned the ‘Ivy House’ together with the adjoining property called ‘The Hollies’, which were once one property. The Hollies were sold off in the ’60s. When Mr. Crane’s parents died, he became the sole owner of the property. The Ivy House (and it’s neighbor the Hollies) are both registered titles. There is a mortgage existing and land charges registered.
Article 73 of the UN Convention on the Law of the Sea states that “the coastal State may, in the exercise of its sovereign rights to explore, exploit, conserve and manage the living resources in the exclusive economic zone, take such measures, including boarding, inspection, arrest and judicial proceedings.
A duress defense is available when the defendant can prove that the threat functioned to zap his will. Stuart must therefore demonstrate that there was an immediate link between the threat and his conduct. Of this, there is little doubt. Robert threatened to cut Stuart loose together with Terry unless Stuart cut Terry to lose himself.
The limit, however, is not applicable if two doctors agree that a woman’s pregnancy places her life at risk if she continues with the pregnancy or the child is likely to be born with serious physical or mental defects or to save the woman’s life or to prevent grave permanent injury.
There is an immediate need for some serious thinking and definite actions to be taken on the issue. There have been changes. Over a period of time, things have changed from overt racism to more covert outcomes and manifestations. If one has to eliminate racial disparity in sentencing one has to change the fundamentals and this necessitates a focused effort from all those who are involved in the judicial process of sentencing.
The author states that a good number of changes have been made to the constitution of the state of Nebraska such that it is nearly unrecognizable from the 1966 draft as it has been amended 228 times. The most notable and significant moment is the conversion of the state's legislature to unicameral one in 1934.
A contract is a set of promise between parties whose breach has a remedy in law provision in regards to in its performance. Thus, this is an agreement enforceable by law. A bilateral contract is one that involves both parties in making a promise while a unilateral contract one a promise is made in exchange for an act.
The constitution is what determines how people are governed thus it is an important topic. There are various schools of thoughts with regard to how the constitution should be interpreted. Originalist and non-originalist views are some of them. Some people with originalist views argue that a constitution does not evolve or change.
This paper explores the various processes that will be undertaken for successful prosecution of the case. This paper identifies the various hearings and courts the case may be heard at, and it provides an overview of such courts.
This paper analyzes the
Gang culture is a significant problem throughout the world, and it contributes to violence and crime. A gang can be defined as a group consisting of youngsters and is identifiable as a distinct grouping within their neighborhood. They identify themselves as a group, normally through the use of a group name and participant in wrong actions, often breaking the law, that draw attention to the gang.
The prosecutor’s discretion at the pre-trial stage pertains to the decision on whether to prosecute or not prosecute the charged suspect. This decision is based on the irrefutable availability of sufficient evidence for legal documents necessary for commencing prosecution. Further discretion at this stage relates to the decision.
The rateable clause is a clause that applies in situations where there are double insurance and contribution. This clause prevents the insured from claiming from only one insurer in cases where he has insured property with more than one insurer (BIRDS, 2010). However, this clause should be prohibited by law in the best interest of the consumer.
Malware A general term used to describe a program or piece of code that is generally harmful to the normal use or operation of a computer system. Forensic suite The general phrase used to describe collections of digital forensic tools or single tools that enable multiple analyses of digital evidence.