In the paper, three instances where the very provisions of the ‘but for’ law have been affected will be discussed. There are two major schools of thought. The first school hold the believe that the minor legal stains that are made to the ‘but for’ test is eventually taking away the core value of the law that sought to protect the most vulnerable.
It was later revealed that the audit report was carelessly prepared and that the assets of Holly plc were worth only $1 million. Elvis and Dionne each had to suffer a loss of $100,000 as a result. As their loss resulted due to the negligence of Mercury & Partners, Elvis and Dionne are suing them for tort of negligence.
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At the signing of the agreement, there were some agreements that were made between the claimant and the respondent. It stated that the date of completion would be stated by the seller. The completion date was approximated to be the month of July the year 2009; however, the date of completion could be extended by a year by the respondent
However, some people break these laws due to various reasons, such as lack of knowledge, ignorance, or out of own choice. For most countries, breaking the law is subject to punishment or corrections, which vary in different countries. Correction systems therefore serve the role of punishing offenders, and each system has its own history.
Let us look at the perspectives of these two places. The church according to the Bible is a holy place that is not for conducting any other business except that ordained by God’s people. The court however has very strong operating procedures. The focus of this article is from the perspective of the law.
The possibility of the rights of co-ownership between Susan and Edward is first ruled out given that Edward was the sole Registered Proprietor of the Columbus Farm and Susan had no legal ownership of the farm. Based on the mirror principle, the idea or concept that land is registered implies that the registration reflects the totality of interests and rights regarding the title of the land.
United States v. Wade
Two weeks after his arrest, Wade was placed in a line up with other similar looking men where the two employees who were present during the robbery positively identified Wade as one of the perpetrators.
The witness identification procedure was undertaken by the FBI without considering the need of the accused to have legal counsel present.
According to Carr (2012), therapy counselors acknowledge that family units defers from one household to another. The difference arises from factors like social and cultural backgrounds of household couples. Social background plays an influential role in determining individual’s values and convictions.
This problem does not only cause certain areas of the community not to have adequate security, but also results in police officers engaging in corrupt practices. Police accountability has always been an issue that brings considerable challenges to police leaders.
Even though, violence often develops from emotions that are often hard to control there are distinctions in moral culpability. Murder is the illegal killing of a person with malice, which denotes the highest level of moral responsibility or blameworthiness.
Consequently, individuals tend to turn and act according to the labels given to them. The paper tries to evaluate how labeling theory contributes to criminal activities. In addition, it also examines how individuals are psychologically affected when the society labels them in a particular way.
The author of the paper states that Child Abuse can be defined as any physical, emotional or sexual maltreatment or neglect of a child. It can also be termed as any act of commission or omission by a parent, guardian or any other caregiver which results in harming, or a threat to harm a child or children.
78). These monies needed a way in which they were going to be presented as legitimate in order to avoid speculation from the government. The most common way that they made their money look legitimate was from the purchase of outwardly legitimate businesses that dealt in cash.
The remuneration committee members and remuneration consultants are the key players in the remuneration-setting arena (ibid). As Collier and Agyei-Ampomah (2009, p. 90) point out, the remuneration committee has the function to ensure that remuneration arrangements are in line with the company’s strategic aims and facilitate recruitment, motivation, and retention of executive directors.
Incestuous crimes are prevalent in our society at alarming rates and are becoming the cause of severe psychological, social and emotional distress for victims and their families. Incest is a multi-causal crime and is brought about by various family circumstances, child’s vulnerability and parent-child relationships.
Indeed violence is a social malady that needs to be eradicated. It is a mark of barbarism and modern society should strive to remove it from its practice and consciousness to become truly civilized. Violence takes many forms from assault to life and property, to simple bullying that uses brute force to assert its will over another. s.
Definition of privacy. What constitutes individual’s right to privacy and when invasion occurs. 2. An interest for tort law to protect the privacy of individuals Tort law protection in relation to privacy of individual. Means of achieving individual privacy through tort law.
lict” and the solution put forth was “to encourage and support families to take responsibility by making their own arrangements for child maintenance wherever possible.”5 Child Maintenance and Charging The practical implementation of this new approach necessitate the parents are charged a fee for availing the assistance of government's child maintenance services.6 And the charges are: An upfront application charge of around ?
The Miller's sought an injunction to prevent this from occurring again, and the decision was appealed three times, and finally, the Court of Appeal in the case, decided that the cricket balls did not constitute a nuisance, and the injunction was therefore not granted by the court.
The hypothesis of the research is that the police officers, in the USA, indulge in racial discrimination in cases of arresting individuals for crimes. Due to this method of racial profiling followed by the police force, Blacks are arrested more than the Whites for a given set of crimes.
In fact, since 1960s crime rates in the United States rose steeply at an alarming level as noted by Newsweek magazine in its February 27, 1967 issue. (Magazine Articles from 1967) Some experts ascribed crime rates rise to social breakdown in the family, the church, neighborhood, and any other invisible bonds coherent in a community.
Definitely, these attempts appear deserving of attention and interest for their capacity to encourage and improve needed abilities to thrive in the field of corrections. Nevertheless, correctional officers cannot be uncommunicative about making out the individual attributes of persons they think are probable to succeed in the correctional profession, specifically as correctional officers.
A business establishment may also be involved in a lawsuit under the corporation code or other laws that establishes the entity as a business firm as a sole proprietorship, partnership or a corporation, offer or sale of securities, non-payment of tax, and several others.
This is a case of a vicious mass rapist and murderer Esherman. At the beginning of the movie, things seem pretty simple and there is every reasonable evidence against the confessed rapist-murder. Prosecutor Jansen did not therefore have any reason for being more conservative, relentless and incisive.
Furthermore, it suggested our efficiency in identifying and evaluating our topic with less information at hand. Another good feature we had was preparing three weeks before the presentation. Gathering relevant information and significant insights is necessary to prepare an audience-appreciative presentation -- a presentation that speaks well to its audience and effectively conveys the message.
The National Labor Relations Board (NLRB) has two major functions: (1) conducting and supervising the representative elections and (2) ruling over the employer and union unfair labor practices (Kaps, 1997, p.136). And, Section 8(a)(1) of the NLRA states that “ it shall be an unfair labor practice for an employer to interfere with, restrain.
There are terms to watch in this provision, specifically, qualified staff. The reasons provided in the act include the birth of an infant, adoption or fostering of a child. Workers may be entitled to leave if they want to cater for family members such as children, spouse or parents with significant health problems.
Another group argues that a woman should have legal rights to decide on whether to have a child or to abort. In 1973, the Supreme Court faced the wrath of the opposing sides on the issue of abortion, which led to what is now known as the Roe versus Wade. This paper will explore the background of the case and its subject proponents and opponents.
In Article 1/3, one of the main objectives has been mentioned as to encourage and promoting respect for human rights and in Article 55, emphasis has been made that the United Nations shall promote global honour for, and adherence of, human rights, offering basic freedoms for all citizens without discrimination as to language, race, sex, or religion1.
It was introduced just a year after the airmail act, which marked the beginning of economic regulations of commercial air transportation in the United States (Wolfe & NewMyer, 1985). The efforts to have some form of regulation in air commerce were rated back in 1911 when it was suggested that the American bar associate should look forward to formulate laws to govern the aviation.
EMTALA requires that healthcare services providing institutions extend medical attention to any person who is in need of the same: his legal status, his ability to pay for the medical services and his citizenship all notwithstanding (Levy & Pravikoff, 2012).
Does the law allow this behavior? And is it justified to drop out of the contract? When handling minors and contracts, such questions are inevitable. In the United States of America, a minor is any person below the age of eighteen. In an effort to guard minors from unfair contracts, the minor can decide to void the contract via disaffirmance.
However, there seems nothing new with policies relevant to maximum training enhancement. As a result, concerned individuals, especially the correctional staffs in PREA might be tempted to perform everything out of obligation. For this reason, training policies alone cannot be fully relied on especially if there is a need to implement dynamic change.
1927 U.S. Supreme Court case of Buck v. Bell Abstract Buck v Bell, the notorious judgment of 1927 justified Virginia’s sterilization law authorizing compulsory sterilization of those whose off-springs were genetically pre-disposed to inherit their mental retardation and such other mental disabilities.
Sections 34-38 of the Criminal Justice and Public Order Act 1994 reversed the Court of Appeal’s ruling. Accordingly, where a defendant fails to state facts while being interrogated by police that is subsequently raised during the trial or fails to give evidence at the trial, an adverse inference can be drawn.
b. Size Established in 1961, DIA is liable to provide assistance to operations and planning in the military sectors of the US along with their seizure of weapons serving as an information agent to the Department of Defense and the US Intelligence Community.
According to UPI, as of May 2012, the National Football League already faces 70 lawsuits by 1,800 retired players including Randy White, Bob Lilly, and Rayfield Wright and other players from the Hall of Fame.
5 pages (1250 words)
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, Research Paper
Environmental factors play a great role in shaping youths’ behaviours and beliefs. They include peer groups, family characteristics, gender factors, access and use of drugs, poverty and social settings among others. This paper discusses these influencing factors in four domains: family, peer group, gender, and drug use to elaborate their contribution in encouraging delinquent behaviours among the youths.
Countries around the world adopted the system and leveraged, for its sake and the needs for its population. This led to the adult education system to have diversity in philosophy, history and institutional basis. The diversity is brought about by the roles the system is intended to achieve at the end of the exercise; after passing the required knowledge.
The criminal has guarantees to look for evidence against his self, and to have attorney for his defence”. (Aschulert, 1994) There are six rights given to accused person on sixth amendment, which are: (1.) Speedy trial, in which justice must be given to accused person as early as possible.
Uberrimae Fides in Marine Insurance.
Uberrima Fides is a Latin name by origin which is now frequently used in law documents, especially in insurance contracts. Its English translation is ‘Utmost Good Faith’1. The word was first used by the British Marines some centuries ago, however, in the recent times it is again gaining recognition and now the insurance companies dealing in marines required the reassurance of Uberrima Fides 2.
The paper will also explore the differences between white-collar and blue-collar crimes. In so doing, the essay will analyze how the Federal Bureau of Investigation (FBI) measures the two crimes in the Uniform Crime Report (UCR). In addition, the paper will also evaluate which of the two crimes is mostly focused on in popular culture through the media.
All contemporary laws both the existing ones and the newly formed, aims at constructing a ‘capitalist China’. Some of the present legal reforms, however, are borrowed from legal norms of foreign countries. By making some legal reforms and amendments, Chinese government intends and aspires to formulate standard legislative base for the country and enhance further growth and development of China (Potter 2001, p.
These persons are not as closely supervised as other workers and they play a big role in raising income for the organization. This paper seeks to document the pressures that a sales representative working for a company that provides technical support to customers may face. The paper will delve into the dilemma the individual will be facing when the organization does not hit its first and second quarter profits consecutively.
From this paper it is clear that death penalty is an ultimate punishment, which may provoke criminals having low motives to refrain from crimes however such crimes are usually committed under an extreme state of mind or for significant motives, therefore, fear of death can have limited effectiveness in deterrence from crimes.
. In recent years, fierce debates have risen regarding this issue as opponents argue that the public sex offender registry does not work and should be abolished, while proponents argue that it should be retained, since it has been effective in preventing sexual violence to some extent, and reducing cases of sexual reoffending. This paper argues for the abolishment of these laws and gives concrete reasons for this in comparison to having the laws retained.
To this end, the human rights and the territorial rights of the people in these weaker nations were left to the domineering foreign nation. This was the cause of wars in the world and tensions between nations. Thus, after the massive destruction of lives and properties in the Second World War, the United Nations was set up to protect human rights and national/territorial sovereignty of nations.
For instance, in Bush v. Gore, 531 US 98 (2000), which is the ultimate case of judicial activism, conservatives did not decry this case as being a case of judicial activism. But, if one reads the opinion, it is clear that the judges are straining to find reasons for the decision, and the reason that they actually found, equal protection, does not fit the case at all.
6 pages (1500 words)
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, Literature review
Previous studies reveal dynamism in the environments in East Asia and variations in the environments across countries in the region. The study aims at investigating the current ethical and legal environment in the region in order to inform multinational corporation’s practices for successful ventures.
In any academic research, a student is allowed to use another person’s thoughts and ideas, but only sparingly. Nonetheless, even as the student gets to refer to the works of other people, much of their work should be derived from what they have been taught by their tutors.