The study of the limited liability of the carrier in Carriage of Goods by Sea Act in a Bill of Lading is important considering that it hinders commercial transactions. The shipper/consignee/transferee are prejudiced by the provisions on limited liability considering that the carry the burden of losses and damages.
Sentencing is a stage in criminal justice system in which a judge decides a punishment for a criminal. The purpose of sentencing plays a very critical role in deciding the most suitable type of punishment because it makes a judge decide whether to satisfy the victim or to punish the offender according to the law.
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They do it for a variety of reasons ranging from looking for a better life to promoting criminal activity through drug trafficking. This is a significant issue that our country has been trying to address and come up with new ways of preventing it from occurring.
Otherwise it will be deemed an ordinary trust and may fail for certainty of objects.1 The trustees are instructed to use the shares allocated to this part of the trust for the purpose of providing hot meals to Darwin’s homeless in the evening. The question is therefore whether such a gift is charitable.
It has rather evolved from one meaning into another. Earlier in the Greek period it was related to copying of a specific work and incorporating it in a different manner to create another (Pedley, 2005). Recently, the term has been considered solely as “taking inspiration” from other works by means of adding the selective portions of other’s copyrighted work to form a different work (Craig, 2011).
According to the writer, an African American, Barrack Obama is the Chief Executive of the nation, while the one heading the State Department is Hilary Clinton, a woman. Despite these statistics, glass ceiling still exist. Hispanics, Blacks and American Indians represent around 30% of the population; but, only 3% hold management positions.
Several decades on, very little research has been done whether cross border restrictions remain as important as the fundamental factors that started them. Speaking with some few legal brains on the debate, most are those who contend that even though the factors and reasons may not be the same as those that started the laws, the laws remain important even today; but for different reasons.
The rise in budget cuts in the prison sector, followed by a simultaneous rise in medical and psychiatric care; introduction of punitive criminal justice policies resulting in overcrowding of the publicly funded prisons and the increased cost of sustaining the overburdened system, culminated into a pressing issue facing the criminal justice policy makers.
In a world of gross inequality, the advocacies in the Global North for the humane treatment of seals may have little resonance at best, or be labeled as callousness at worst, by those living in Africa or the impoverished regions of Asia. This paper argues, however, that this anthropocentric approach to justice – that approach which gives primacy to human beings before all other species in the ecosystem – are not only repugnant to basic principles of rights, but they may in fact be revisions of old and cherished values.
The distinction in the earlier trademark may be impaired and difficult to identify. Gin addition, tarnishment involves the effects of impairment on the reputation of a trade mark by its usage in other settings. Reputation of a trade mark may be affected when it is used on goods and services which do not meet the set standards.
There are several philosophical-political-legal grounds that U.S. states and localities have used in recent decades to enact laws and policies on questions that had been historically put off-limits to them by Supreme Court rulings, and thereby entrenching the principle of federal primacy over states and localities on "foreign affairs." One of the reasons that have been advanced to the above effect is that there are certain needs and dynamics that make reshaping of relations between states and the federal government necessary.
The paper identifies the restorative justice model to be used in addressing this issue as well as the benefits and challenges of using restorative. It is a worldwide concern that numerous acts of violence are targeting specific groups. Hate crime in the recent past has been directed towards Muslims and Arabs thanks to War on Terrorism.
There is a need to govern the act of omission through common law. This is because at the present moment we cannot afford to draft a specific legislation for an act of omission because theoretically that will only complicate the confusion with respect to act of omission.
In the case of Michelin Tire Corporation V. Wages, the court levied a nondiscriminatory ad valorem property tax on goods, which was a certain percentage of the company’s value. Michelin Tire Company made a claim in court that the contents of the warehouses were constitutionally free from taxation by the state since they were in their original containers.
Since prehistoric era, as Paleri (2008) states, the war has been influencing human psyche and until the limitations of war are properly understood, the importance of military security in conventional terms will remain a priority. As a result of such change in warfare, the two kinds of engagements common in the 21st century are the projected power to another nation and encountering insurgents in the homeland.
There are different perception about this amendment of those who are against and even those who are in the favor of American citizens owning and carrying arms. Those in the favor are of the idea that all kinds of arms and ammunition should be allowed to be carried, those who are against ownership of arms are of the idea that certain weapons should be allowed to be carried and in extreme cases they believe that American society will be better off if no weapons are allowed to be carried.
Cocaine remains one of the most abused drugs around the world. Anti-drug policies in a significant number of countries render is use and possession of the drug illegal. A comprehensive analysis of the spread of cocaine reveals that the world economy, especially from 1850 to the 1980s, influenced the widened global trafficking of the drug.
Legal framework have been and continues to be applied in addressing the criminal offenses done by persons while acting on personal behalf or when acting at a states behalf as obliged by office. However, during the course of serving, people often infringe the sovereignty of human rights and commits crime, which necessitates the intervention by court of law.
Tort law provide remedies for civil wrong committed against the plaintiff. The most common remedies for a tort are restrictive orders and cash compensations. However, the plaintiff may seek two types of damages namely; punitive and compensation damages. Punitive damages are aimed at punishing the defendant for committing intentional and malicious acts against the plaintiff.
John Peter Zenger was an ordinary person who only wanted to provide for his family. But at the end of the day, he provided more than what was expected of him. He provided the American judicial system with the concept of jury nullification. And in its aftermath, he also provided the people of America with the freedom of speech and freedom of the press.
In a contractual agreement, each party would be having a certain set of rights and a certain set of responsibilities or obligations. Under rights, the party would be entitled for a certain sum of money on completion of a certain task. Under obligations, one party is to perform certain services or sell certain products, for the consideration that the party has received.
The author states that the ethical codes of conduct of the police or the law enforcement officers have a significant role to play in the work of the police. One of the primary reasons requiring such ethical code is that the public, in general, would not accept a police department that is corrupted.
Because of this, contracts have become a major part of every business. They are simply inevitable as people have to make sure that their businesses will achieve their set goals and objectives2. Business people hence use contracts whenever they are involving another party into their businesses, and whenever they enter into any business deal, so that they can be sure that they will not waste their time and lose their investment.
Before writing my advice to Orlando, it is customary to briefly review the various contract laws and conditions that apply on the case under consideration. Promissory estoppel: Promissory estoppel is employed as one of the legal principles in US law. It may also exist in many other legal systems with a different title
Alfonso Lopez, Jr., a 12th-grade student at Edison High School in San Antonio, Texas, carried into the school, on March 10, 1982m a revolver with several cartridges. Having been questioned by the school personnel, he admitted to possessing a gun. Later on, Lopez was arrested and charged for possessing a gun in a school.
It is evidently clear from the discussion that the elements necessary to establish premises liability are the defendant must possess the premises or land, the plaintiff must be an invitee or licensee, and there must be negligence or some other wrongful act. The most common type of premises liability case is the slip and fall case.
Other laws such as family and criminal laws are left to the discretion of the state courts (Harp, 1954). If the separation of federal and state courts had not existed, then each state would be free to interpret the constitutional laws, as they deemed correct. In that case, there might be as much as fifty interpretations of the same law.
A Comparative Analysis between House Arrest, Electronic Monitoring, and Shock Probation Abstract The essay aims to address a two-fold objective to wit: (1) to define and discuss house arrest, electronic monitoring, and shock probation, and (2) to compare and contrast house arrest, electronic monitoring, and shock probation and determine their effectiveness.
English Legal System English law is made up of six main sources (Winfield, 2000 p158). They are Common Law Equity Statutes Judicial Precedence (Jurisprudence) European Law & International Treaties and Laws Common Law refers to the consolidation of various legal codes and systems unique to various parts of Britain after the Norman's conquest.
The author states sthat the Specific legislative requirements which apply to former audit firm partners are found in Sub Section 324 CK. According to the requirements laid down, a former audit firm partner, who holds a position in a company of which he was previously the auditor and also had a position in that company.
It was in the year 1998 that the University of Wisconsin scientists developed the first human embryonic stem cell lines. The medical field is eager to explore this field because of the possibility of generating replacement tissues for cells and organs that are not functioning.
The ginger beer was in an opaque bottle, which prevented the contents of the bottle from clear sight. Mrs. Donoghue consumed the beer and later the remains of a decomposing snail floated in the glass when she poured the remaining beer into the glass. Because of the contaminated beer and the resulting nauseating sight, Mrs.
As a result, manual and electronic security breaches have been common organizational experiences. This paper seeks to discuss contemporary organizational issues that relates to security. Based on a newspaper article, the paper will identify some of the security issues facing organizations.
A Critical Analysis of Article 5 of UCP 600 Introduction The International Chamber of Commerce’s (ICC) Uniform Customs and Practice 600 (UCP 600) revised the practice rules relative to letters of credit in 2006 and thus replaced UCP 600 1993.1 Pursuant to Article 5 of UCP 600 cautions that banks do not deal with goods and services and are confined to dealing with documents.2 Therefore Article 5 of UCP 600 sets forth the rationale for the autonomous nature of the letter of credit and segregates if from the contract to which it relates.3 There are some problems that can arise from the autonomy of the letters of credit.
As a result, Lord Hanningfield was indicted for six charges of theft by false accounting. The peer claimed innocence citing an averaging out of his expenditures, explaining that he had claimed these within what was allowed by the law. The Chelmsford Crown Court found him guilty.
The author states that Patrick Atiyah’s book, Introduction to the Law of Contract, has been imperative in the spread of Contract law and thus enabling people understand the various concepts in the law and the rubrics for its effective running. Britain is one country that has embraced contract law with a lot of passion.
In addition to the expertise provided by professionals, it is nowadays important for organizations to have an IP strategy, or an IP portfolio management process that is aligned to their business processes (Shultz 1996). A clear Intellectual Property Strategy is of significant importance as an organization seeks to develop and exploit partnerships with other organizations.
The movie shows that the African – American woman, Deborah was not a criminal in the actual sense of the term. The film deals with Black feminist criminology, where domination is judged along with marginalization, racism and victimization- all from the point of view of criminology (Potter, 2006, pp.
The author states that it is based on the concept that by increasing the opportunities for the minority populations, the existence gaps can be addressed. In its responses, the paper suggests that affirmative action is indeed necessary in addressing the current problems that are attributed to social categorizations.
In the due course, various theories, assumptions and judgmental frameworks have been developed to obtain a rational and an in-depth understanding to the factors which fundamentally drive criminal activities within a society. No wonder, the assumptions of one particular theoretical framework differ significantly from the other when demonstrating the causes underlying the criminal offences.
International law serves as basic framework for international relations. The laws regulate the conduct of states in relation to each other. Law enforcement on the other hand refers to a system of investigating, apprehending and punishing those who violate the laws set by a nation.
The effect of the decision was that creditors of a company that had gone insolvent would not be able to sue the shareholders of the company for its outstanding debts: the doctrine of separate corporate personality was effectively entrenched by the House of Lords.
In this context, internal market is used to depict companies within the European Union who carry their activities within the region. In this means that companies within the European Union region who would want to do business within a defined country and to and from another European Union country are all covered under the Treaty on the functioning of the European Union (TFEU); Articles 34, 35 and 36 (Bertch, 2008).
War crimes trials are defined as trials of individuals that are charged with criminal violation of the customs and laws of war and international law principles. The practice of war crime trials started after the First World War when some of the German leaders were tried by a court in Germany for the crimes that they committed during World War I.
In businesses and work establishments, labor laws and employment regulations should be properly implemented and practiced in order to reduce conflicts and dispute among employers and the employees. A work environment that is regulated lawfully and fairly will likely become more effective and successful in many aspects.
The author states that arguments against the death penalty emerged only in the 1700s when few writers and philosophers including Italian scholar Cesare Beccaria began to question whether the death penalty is justice and ethical. They argued that capital punishment is unethical and barbaric.
It therefore becomes pertinent to analyze the tort’s claim act of California as this would help people that want to file a suit to understand the rudiments of the tort claims act for the state. It therefore becomes important for a resident of California to recognize when to file a claim that is to know when it becomes necessary to file a claim.
Moreover, it is wrong to surmise that making drugs illegal leads to an increase in their abuse. This statement can be established by comparing the number of alcoholics to the number of drug abusers. The former are much larger in number, and this drives home the fact that legalizing drugs would lead to a much larger number of drug addicts. A telling example is provided by the enactment of the US Narcotics Act of 1914, which resulted in a major decrease in the number of drug users (Clark).
According to the authors of this article, prisons have an outstanding influence on community-based correction methods and, therefore, to understand their evolution, one needs to consider this connection. As such, the focus of this article is on the development and stability of community based corrections in relation to their exclusive and dynamic relationship with the prison.
Also, the paper gives answers to why police supervision is indispensable in dealing with the code of silence in their organization. The study answers the question of whether the police organization is different from other organizations when it comes to practicing the code of silence.