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The premise that individual uses for work are an indication that one is an employee or self-employed. If one works at the employer’s premises, then he is an employee, especially where the job can be done at some other place. This is because working close to the employer shows that a certain degree of control and supervision is attained.
Marijuana, the product of the cannabis plant, is one of the most widely used drugs in the world. Statistics show that in United States of America, after alcohol and tobacco, marijuana is third most commonly used drug. It is said that marijuana is less harmful and dangerous than alcohol and tobacco.
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ieving reliably higher success rates with their alliances, the companies need to shift their focus to five principles that complement the conventional advice from the experts. The principles include; - placing more emphasis on;- defining the right business arrangement, creating
Regarding the legality of intervention, Abrocanto wants to demonstrate that the International Court of Justice has a right to review. The UN Charter, Article 27 specifies that a draft resolution on matters that are non-procedural be only adopted when at least nine out of the fifteen council members reach a resolution by voting for it. The voting should not be voted by any of the five permanent members (Schweigman, 42).
The law to be used in the drafting of a standard dispute resolution clause vary from one country to another. The differences in the provisions of the different laws applying to the different countries’ dispute resolution mechanisms affect in many ways the drafting of a standard dispute resolution clause in a contract, and so it shall be important to determine the law that shall be applied in the drafting of this clause.
The population can be divided into two big groups. One of them includes the activists of gun control movement or those, who support them. The representatives of this group believe that the restrictions in the laws, which regulate gun use, will contribute to the reduction of crime rates in the country. Another group consists of proponents for gun usage.
Freedom of navigation is a well-known principle in the legal regime governing sea space. It is a principle in international law and sea law. Its emphasis on freedom to traverse the oceans and condemns war fought in oceans. The freedom of navigation is to be violated only in a compulsory international agreement. This principle is one of the pillars of the law of the sea.
ng medical personals, media reports from 12 different areas in the Damascus region and trustworthy non-governmental organizations (The White house, 2013). The use of chemical weaponry was confirmed based on the immediate symptoms of those who were affected. According to media
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The policy of no tolerance towards people who are thought to be combatants is unable to reach the desired levels of accuracy. Every man targeted is subjected to torture irrespective of whether it is the right man or the wrong man, without any promise of redemption to the person who s being wronged in the process.
This Professional Project Dissertation will be divided into two parts. The first part will cover cases of workplace discrimination. The second part will include the impacts of workplace
The deal raised the level of taxation levied on the products. The company successfully argued that paying the amount would be in violation of Article 12 EC, which outlawed among other things, tightening tax obligations within the Community.
In R v Willer (13), the defendant had driven recklessly to escape from a crowd of youths who appeared intent upon causing physical harm to the passengers in his car; in R v Conway (14), the defendant had driven recklessly to protect his passenger from what he had honestly believed was an assassination attempt.
I tried to reconstruct my thoughts since the interview would definitely be tricky. I tried to rehearse in my mind possible answers to questions that would be thrown to me. Definitely, I need this job to sustain my integrity and I would try my best to preserve it. Suddenly, the room was getting colder.
Especially for crimes of a more harsh degree, such as murder or rape, juvenile offenders should be punished as adults to keep them off of the streets; cases like these take longer time in which to rehabilitate the teenager, making it more likely for them to commit the same crime in the future. To avoid further criminal acts, and as the best way to rehabilitate, juvenile offenders should be tried as adults.
The paper accentuates the idea that in the context of international law, the activities of states may be controlled; their potential opposition with the principles and the rules of international law needs to be periodically examined ensuring that the human rights – in all their forms - are adequately protected.
According to the online HG, “criminal law which is often called penal law, involves prosecution by the government of a person for an act that has been classified as a crime.” On the other hand, crime is further defined as, “any act or (commission of an act) in violation of a public law forbidding it.” Thus, criminal law forms part of public law.
One of the basic reasons why cybercrime and identity theft is on the rise is because cybercrime leads to the fulfillment of one’s motives and desires, which essentially shapes up his/her reactions, as far as the World Wide Web is concerned. The factors that lead to such criminal tenets is basically dependent on the motive behind one such exercise.
Laws are guidelines or rules that are exercised in institutions so as to govern behavior. In conflicts, the law acts as a mediator between two feuding parties since it refers to something written and agreed upon. A contract is drawn up in writing when two parties voluntarily enter into an agreement hence creating a legal obligation between them.
Several factors contribute to the spread of move-in violence that include but are not limited to the xenophobia of the natives, and racism. “One of the most commonly understood justifications for the creation of these white neighborhood spaces is the phenomenon of “white flight,” where large numbers of middle and upper-class white people flee neighborhoods in search of new spaces that are predominantly white” (Bell, 2007, p. 49-50).
The writer gives utmost importance to the United States of America by claiming that the USA is facing a new challenge to confront war on terrorism that is changing the face of strategic violence, however, all the countries of the world are equally susceptible to this war and no country is safe from terrorism.
It often refers to the crime prevention through environmental designs including use Of CCTV Cameras, construction of defensible spaces etc. Crime prevention is considered as a varied concept and its overall boundaries keep on changing with the introduction and involvement of new stakeholders.
Different factors influence crime in the United States; therefore, the URC does not serve the purpose of evaluating and assessing the effectiveness of different law enforcement agencies. In addition, the FBI warns that the URC must not be used to compare criminal activities and crime between two or more regions.
The movie was considered by Federal Election Commission (FEC) as an electioneering communication due to the political nature of the movie and because Citizen United aimed at purchasing airtime on a video-on-demand service on cable television (Books Llc, 2010). Thus, this movie was subject to laws governing the production of political advertisements as well as limitations on who may fund them.
Human rights can simply mean freedoms a person is entitled, allowed, and are guaranteed. Moreover, legal reforms consist of the process of re-examination of existing laws and promoting and executing transformations in a country’s legal system and in general with the aim of improving justice and efficiency.
My clinical legal pro bono work experience has shaped my legal education and ethical conduct significantly, especially with regard to the path I aim to take with regard to public service law. During this clinic, I mainly dealt with assessing the viability of cases involving land law and advising clients about prospects of success, after which it was part of my work to write client care letters, advise letters, and statements of cases.
The major function of the legal system of any country is firmly associated with the articulation of laws that ensures the smooth operation of society. Laws are argued to be more than rules defining social behaviour. They are also considered to be distinct that comprise an official code adequately supported by state authorities responsible for enforcing and sanctioning the same.
This initiative has been undertaken by the US government to facilitate a framework that supports the “reporting of suspicious activity” so that any relevant information can be intercepted and used by
Since this is the case as noted by Salazar, then what hope does the world have in the war against drugs? What is more surprising is that there are people in Mexico who want him released.
Malice is not a core element in defamation. In the case above, although the employees released confidential information about the company and the head of the company, defamation does not hold since the information was correct. The head of the company should introduce a confidentiality clause in the employment contracts of the employees.
Associate Justice Kathryn Werdegar is serving her second term in the CA Supreme Court Justice office after her re-election in 2002. Associate Justice Chin Ming was first appointed by the Governor in 1996 and elected to a 12-years term back in 2010. Associate Justice Corrigan Carol is in her 9th year after being appointed by the Governor in 2006.
Accident reporting involves filling in two kinds of forms within 24 hours of the occurrence of the incident. The first form is filled in by the reporting employee and it involves a description of the equipment used at the time of the accident, for instance, a knife, gun. It also involves the procedure in use at the time of the accident.
The demolition took place during the Second World War, just a day before Japanese were to occupy Rangoon.2 It was filed by Japanese demanding compensation for destruction of their oil
In most cases, the thieves or criminals may be visitors and not regulars in a place and thus controlling their movement ensures other honest people could keep eyes on them (Coaffee, 2008). Intuitively, this could be done by
Texas remains under the focus of law enforcers as a hub of immigration within the US, having mostly been registered as a state hosting the maximum number of foreign nationals. It was emphasizing these grounds that the Development, Relief, and Education for Alien Minors Act, also known as the DREAM Act, represents the American legislative proposal made by the US Congress.
There are problems with the jurisdiction of the relevant courts and the nature of the law for implementation, which may contravene the established national laws and constitute an encroachment of the sovereignty of national laws. In the case of war criminals, states are also reluctant to pursue action against war criminals aggressively.
Punishment for crimes that are deemed cruel and unusual is forbidden by the Eighth Amendment to the U.S. Constitution. This amendment is often invoked when discussing the legal merits of the death penalty. The use of the death penalty is considered by some to be the most obvious and heinous example of cruel and unusual punishment.
While in many instances, children may not have been fully conscious of the implications of their actions while committing crimes, they are often tried in adult courts, and subject to rigors and intricate court proceedings reserved for adult offenders.
It would be advisable for Mr Gervais to decentralise his line of authority to other people as a way of attempting to minimise cases of negligence of duty by employees. It seems from a close reading of the case study that the organisation is not being professionally run which is another causal factor for such behaviour by workers.
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A constitution can be defined as the set of laws by which a sovereign state is governed (Barnett, 2005). The British constitution is the set of governing laws and principles in the United Kingdom. This constitution is unlike many of those found in modern day states. It is not a written or codified constitution; it is uncodified.
The author of the paper explains that an employer has duties towards his employees that are non-delegable. The case established the implied basic duties that employers owe their employees, the breach of which entitles the latter to award of damages in an action for tort on the broad ground of negligence.
I think that the prosecution would turn out to be successful, given that the worm created by Morris clearly resulted in damage of property. With regards to the second case (Pasquantino v. the USA), the Supreme Court actually decided against the Pasquantinos, arguing that they have been guilty in violating Federal Wire Fraud laws.
The word tort is referred to the act of injuring an individual conducted by another individual. Various lawsuits are pursued against a practitioner of the system of criminal justice and these lawsuits are mainly tort lawsuits. Tort lawsuits are of mainly three kinds and these kinds of tort cases are defended in several instances by the professionals of criminal justice.
to the conference room of the school for questioning constituted custodial arrangement of questioning, wherein the accused was not provided Miranda alerts, and that he was
Concisely it cannot be in all contracts achievable to enforce the LOL clause, however, attempting to manage the issue by negotiation in all of the projects will lead to the achievement of a valuable objective. In case this clause is denied, initiate a risk versus reward academic program for both parties.
The purpose of RoT clauses incorporated by a seller is to safeguard themselves against the potential insolvency situation of the buyer subsequent to the sale of goods. With an RoT clause, an unpaid seller gets precedence over all other creditors. RoT clause is however complex combining the “law relating to the sale of goods, bailment, agency, trusts, mortgages and charges, and principles of tracing”.
Furthermore, the local authorities should invariably follow these duties. They have to discharge their duties in accordance with the provisions of this Act. Thus, the Act categorically displayed its intention through the guidance. The objective of this guidance is to assist the local authorities, parents, and childcare providers.
The court's ruling did not cause Samsung a big financial blow, since it is among the largest electronics companies in the world. The decision can force Samsung and other Smartphone manufacturers to redesign their products to be fewer Apple-like in order to avoid further legal defeats (Wingfield, p.2).
Copyright is a right that provides protection to the work which might be written, printed, or automated along with publications, recorded sounds, films and broadcasts. Copyright is considered one of the most creative intellectual property rights. It is a system of legal protection that permits the owner to enforce special rights on the publication done by him for a definite time period.
Martin Luther King quotes St. Augustine in his letter from Birmingham jail, saying that “an unjust law is no law at all” (3). Thus, he claims his right to protest against an unjust law and even to break it. However, it is important to make it clear what an unjust law is and in what way it is different from a just law.
The general form of fraud includes deception or intentional false representation, failure to disclose information, or abuse of position. The fraud Act 2006 defines fraud as the obtaining of financial advantage or causing of loss by implicit or explicit deception; it is the mechanism through which the fraudster gains an unlawful advantage or causes unlawful loss.