Law Essays

It is worth mentioning in this context that the rule of joint tenancy is guided by the provision of ‘the right of survivorship, which reflects that following the death of any of the joint owners, the other shareholder(s) of the property shall withhold their own right with respect to the entire property as per section 33 of the Administration of Estates Act 1925.

Information will be collected from secondary sources mostly law journals and closed cases. Examples of AT&T Mobility LLC v. Concepcion; a recent case heard by the Supreme Court will form precedence to the paper. Arbitration

he Fifth Amendment to the United States Constitution prohibits double jeopardy (Levmore & Porat, 2011). Nevertheless, a person can be charged with two crimes for the same act in case the crimes bear distinctive elements. An example of a situation where charging with two crimes for the same act is a prosecution under 18 U.S.C. § 242.

One would expect a reference to at least the case involving Smith versus Anderson in which the court of appeal determined that the company remained a species of trust. Consequently, one could expect that the lordships could engage in a clearer discussion as to the underlying causes of the reversal in judicial policy.

Various branches were given veto power to exercise limited control over the functions of other branches. Since the constitution does not indicate the action to be taken by the branch that will interfere with the functions of other branches, the doctrine of separation of power has not been practically implemented.

Ensuring therefore that the data presents the expected distribution, in this case, normal distribution plays a key role in analyzing the same

According to the article, the denial of the exemption was in connection with the provided definition of marriage and spouse that excluded same-sex partners. According to the Attorney General, as well as the District Court, , the quest for the tax refund by

The issue of official secrecy is complex. Individuals’ intent for the disclosure of information may vary. In a particular situation, information leaked may serve the best interest of the public. However, it may risk the wellbeing of the public in other situations. A state official may have seen evidence of the corrupt dealings of an institution.

Employers and educational institutions are allowed to make necessary changes in their institutions so as to prevent people with disabilities from being disadvantaged over those without. People with disabilities and those from different races have the right to equal opportunity access in terms of employment and education.

In the United States, there is a lack of uniformity when it comes to the regulation on banning the use of cell phones while driving. Among the states that has successfully passed a law that bans the use of mobile devices while driving includes: California, Connecticut, and District of Columbia among others.

This was reinforced in the decision of Smith v Chief Constable of Sussex Police where the factual position was analogous to the circumstances of the current appeal. In that case, it was held on policy grounds that the imposition of a duty of care on the police was precluded. The police in Smith had been aware of the identity and location of the attacker.

Harris County Youth Village is a residential facility located near Clear Lake. It houses a capacity of 170 males between the ages of 10 and 17. The facility offers educational, therapeutic services, drug education, and medical attention services. It has a student-led government and partners with the San Jacinto College System Central Campus.

The riots stemmed from the abuse the prisoner faced in hands of the guards. Moreover, the cultural and social movements outside the prison compounds instigated the inmates to rebel. In addition, some prison neighborhoods had encouraged collective militancy in other places of the states thus; it caused the prisoners to call for attention.

For the issue of excessive fines, the amendment limits the amount of fine imposed on a person by the state and federal governments. The reason behind limiting the number of fines was to facilitate people who are not involved in any serious crime but are charged with heavy fines that they cannot pay (Head, n.d.). 

 The author states that non-renewal only happens upon establishment of a good cause. Accordingly, Texas Education Agency sets out the types of contracts as well as the reasons for renewal or non-renewal of distinct contracts. Ethical violations, poor mode of giving instruction, are some of the reasons that can lead to the nonrenewal of a contract.

A case between Craig E. Kleffman and Vonage holding was held on June 21, 2010, at the supreme court of California. This case was cited as Kleffman V. Vonage Holdings Corp., 232 P. 3d 625, where 232 represents the volume, 3d represents the third series and 625 represents the page number. In the case, Craig E. Kleffman was the plaintiff while Vonage holding corp. was the defendant.

It was in the 1920s that robots were invented that could perform the actions of human beings. The role of robots in medicine can be dated back to 1985 when a robot named Puma 560 was used in brain surgeries by Kwoh and others. Later few other robots were invented and used in the processes of surgeries.

With sufficient consideration, the contract and the terms of the agreement in the contract become enforceable. A contract becomes enforceable when it involves some exchange of value between the parties involved in the contract. If there lacks any exchange of values between the parties, the enforceability of the contract becomes a challenge. 

The type of punishment which Article 3 prohibits depends upon the causes of humiliation and suffering if it exceeds the foreseeable aspect of humiliation and suffering, which should be natural in any guise of legitimate criminal punishment. In Ireland v UK, the Court observed that ill-treatment should reach the least level of severity before it can be regarded as degrading or inhuman punishment or treatment.

Formerly known as toxemia, pre-eclampasia is a circumstance that expectant mothers develop. The most characteristic attribute of the condition is high blood pressure and elevated level of proteins in urine. These women often experience swelling in the legs, feet and hands and this state occurs in the second half of expectancy.

The implementation of the law aimed at reorganizing, re-institutionalizing, and protecting the auditing profession (Alexander, 2002).

The author states that the night before her demise, John Ramsey and his wife Patsy had attended a Christmas party where afterward returned to their residence while the little girl asleep in the car. In the house, they ensured their child was sleeping comfortably in her bed before proceeding to sleep.

According to many people, tying the knot is the surest way to ensure social stability, bring up children and avoid sexual anarchy. Thus, changes in the nature of marriage in the form of higher divorce rates and cohabitation without marriage are often portrayed as an indication of social decay.

However, the rights to privacy of the accused are also guaranteed under the Fourth Amendment. A search warrant and probable cause for searching are also required when one is searching. The military personnel's use, possession, manufacturing, and distribution of illegal and controlled drugs or substances are prohibited.

While coming up with the policies, all the factors regarding energy consumption, generation, and policy were put into consideration to enable the policies are favorable to all the citizens upon approval by the house and the Senate. In the formulation, therefore, three areas will, therefore, be considered: the environment, resources, and the energy.

To a law-abiding citizen in America, inmates guilty of killing police officers are what most would see as the worst criminals. However, in prisons the prison code allows such offenders to become what other inmates see as “great cop-killers”. Shockingly, other inmates admire such offenders and view them as the most powerful.

The lawyer who cross-examined her seemed to be badgering her as he was very intimidating as if he was forcing out a confession from the young girl. It was a celebrated case because the man who was murdered was a promising young man who inspired everyone with his attitude and personality. The murder happened in an interesting part of London.

The aim of this treatise is to explore and examine how western approaches like realism and the common sense approach to various business values and ethics have influenced legal studies in comparative law. The paper will look into how attention has shifted from the preoccupation with comparative law and the written law codes to a social and culture-based approach to understanding legal matters.

Crowdfunding is related to the precise practice of funding ventures by raising financial contributions from the mass population to suffice a specific purpose, via any type of mass media. Typically, the idea has been credited substantially to raise money for a specific reason, which has only augmented with the continuous developments in technology.

The United Kingdom has several laws that protect the rights of consumers from faulty and defective goods. The sale of Goods Act 1979, the service Act of 1982, the Supply of Goods Act 1994, the Consumer Protection Act of 1987 and the Sale and Supply of Goods to Consumers Regulations 2002, are leading legislations that affords the consumers venue for redress.

But occasionally have important things to say about actors in the criminal justice system, such as police, attorneys, correctional personnel and victims. Disorganization basically refers to the failure of social institutions or social organizations (e.g. schools, business, policing, real estate, group networking) in certain communities.

Lord Denning based his judgment on the wording of the contract between the parties which showed that estimates and contract sums had not yet been agreed upon; it was to be agreed in the future and by the parties themselves. On this basis, he concluded: “seeing that there is no agreement on so fundamental matter as the price, there is no contract.” 

The plaintiff Mr. Tompkins, a citizen of Pennsylvania, complained in a Southern New York Federal court. His complain was that he had been injured by a passing train, while he was on his way home, after being dropped by his friend at night. He was walking on a commonly used footpath adjacent to the railroad belonging to the Erie railroad company. 

However, gangs have continued to recruit new members across the country, a factor which has been enhanced by factors such as unemployment, insecurity among others. Some of the gangs operating in Birmingham include and not limited to the Surenos, which is an umbrella

The equality of perspective and voice is highly intrinsic to the group’s core belief that diversity contributes directly to creative excellence. Ultimately, then while the group has officer positions it maintains equality of expression as a means of achieving vibrant expression and strong creative achievements.

Thre writer of the essay mentions that an increasing number of crimes in the states have mandated the government bodies to enact laws that help to limit the scope of the criminals and deter crime from the states. In this course, many states in America have enacted three strikes law in order to reduce habitual repetition of violent crimes.

Even if, these cases exist male employees do not see the need to report any of the sexual advances they receive, unwanted or not. In the case provided, the plaintiff has decided to file a suit against an employee who was positively gaining

The provision argues that it is practically impossible for one to attack and eventually kill a stranger. The reasoning is greatly influenced by the victim-offender interaction theory coined by Marvin Wolfgang. This theory asserts that people kill on purpose and not just instantaneously without motive. Those killed always in a way have a role to play in their murders by provoking their murderers. 

Some processes for reconstruction included ensuring democratic relations in local governance and at state levels, funding public service and laying foundations for economic development. Although the federal government passed laws that were to honor the rights of African Americans, there were other things that played the part.

The process of amending the Arizona constitution is fair because when amendments are proposed, the citizens must approve all the changes. The proposed amendments including the limit of local government tax levy and the municipal debt capacity are concerned with the business sector and are necessary changes. 

The perceptual deterrence theory suggests that people will engage in crimes based on the rewards attached to the actions. If the implications of committing crimes are associated with severe crimes, deterrence would work better. The theory asserts that there is the potential of addressing crimes effectively by meting penalties on criminal acts.

his paper seeks to discuss the various aspects of the Australian legal system and decide if the processes are keeping up to date with the changes in the society. The paper will compare the adversarial system and the inquisitorial system. The adversarial system in Australia has

A Supreme Court justice is usually nominated according to the record and judicial philosophy that is consistent with the President’s political views ((Gibson and Thurgood 25). However, in most cases the majority of the nominated Supreme Court justices, end up

“Section 182 states that a director must not improperly use their position to gain an advantage for themselves or someone else, or cause detriment to the corporation.” Paul broke this law by suggesting the PO Company be used by SIL to promote the company of which his wife is a major shareholder and a director.

The author states that insurance fraud can be categorized into ‘soft’ fraud or ‘hard’ fraud. The hard variety of insurance fraud typically includes the attempt to fake the incidence of an accident, personal injury, arson, or even theft, in order to be given the payment stipulated under the agreed-upon insurance policy.

Generally, according to the West Encyclopedia of American law, infringement also known as breaching, encroachments, or violating the law, right, contract, or regulation, is basically a term that is used which special reference to an incursion of the rights protected by a trademark, Copyright, or patent.

The author explains that the Sex Offender Registration and Notification act was passed on July 27 2006. Under this act the states, the District of Columbia, the territories and Indiana tribes were needed to extensively implement all the elements of this act by 27 July 2009 or they will be fined by losing 10 percent of the Byme Grant funds.

ployment laws protect the rights of employees against any form of discrimination, molestation and biasness intentionally imposed on them by the employers at the workplace and the overall work environment. For employers, employment laws stipulate ethical codes of conduct that are

They expressly produce specially constructed components applicable in infringing a patent. Should an individual action in a manner likely to encourage infringement of copyright laws, she or she is liable as stated in the Copyright Act (Holzmann, 1995). Inducement of infringement by abetting aid is punishable under the Act.

The declaration of independence was the conceptual framework on which latter American laws, rules and regulations were to be formulated. The central principles that were