Law Essays

As a result of this failure to receive the commission, Marbury went to the Supreme Court in order to compel the Secretary of State at the time, James Madison, to deliver the commission (Dixon & Ginsburg

There was entirely poor management and leadership throughout, even timely recruitment of extra rescue teams and training was not done properly. Yet the whole government of the United States and more specifically the federal government appeared confused and unprepared for this calamity and their emergency response was very minimal, what they did was not satisfactory at all.

The agreement between the bank and Cait is binding. Since the bank properly executed the mortgage, both the bank and the mortgagor who is the homeowner have the right to possess and own the property. In this case, the bank holds an alien right of the house. By owning the alien right, it too has the right to repossess it.

The most serious factor in fighting gang violence is juveniles. An increase in patrols in the community and arrests in the area only solve the short-term problems. There is a call to come up with other ways that provide long-term solutions. In order to stop crime in the community, there is a numeral of things that need to be addressed.

This was worsened with the shooting of a black teenager by a white policeman whom the grand jury acquitted citing a lack of probable cause to indict him. The decision of the grand jury and the declaration of the state of emergency saw protests and anger from the public especially the blacks and human rights activists who claim that the city has been tainted with flagrant racism, police impunity, etc.

This discourse delves into the ethical lessons learnt from the case. The lessons are important to transnational corporations, environmental lawyers, the State Department, countries in the developing world, as well as the US federal law courts. The joint venture engagements

However, some policies are mandatory as per the constitution of America; for instance, one has to have an insurance cover for any automobile. 1. Third-party insurance-this type of insurance covers the risks for the other party who has incurred a predetermined loss

Laws outline the terms of engagement in tackling certain issues that could cause dispute or turmoil between countries or regions in the world. Failure of the rule of law saw the occurrence of many drastic calamities in the last century. Such failures have led to the creation of mechanisms that are effective in settling disputes.

The author provides the case study of HiTec International, which has experienced significant economic and competitive success in the IT industry. However, it is a fast-moving industry, meaning that technology evolves so quickly that existing employee skills cannot often keep up with the pace of this technological evolution.

Societal views held that what was being used was not working. Methods in an attempt to rehabilitate the offender simply were too broad and general in nature. What worked for one person did not work. Although the focus of this movement is focused on benefiting society as a whole, it allows for the notion that all criminals are not beyond hope.

Freedom may be a birthright but so is privacy. A child is ignorant and has to be lead to light through the right education. They must be taught that to maintain their own privacy they must learn to respect others’ privacy. Technology has to be used in constructive ways so as not to break the rules of the family, school religion culture.

The grounds for the Court of Appeal’s refusal to consider such endowment was on the basis that a reasonable person is assumed to be one of average strength and firmness of mind and this could not be converted to make him one of weak firmness induced by a psychiatric condition.

The author states that the First Amendment to the Constitution of the United States prevents the Government from making any laws respecting the establishment of religion or prohibiting the free exercise of religion. The U.S. Fish and Wildlife Agency, is a Federal Government agency, is required not to prohibit the free exercise of religion.

The ECJ has observed in its case law that the principles of safeguarding legitimate expectations and legal certainty form “superior rules of law.”  The paper makes a best effort to deliberate about the European Court's usage of legitimate expectations to enforce a minimum standard of treatment for individuals without infringing the public interest aims in administration.

Examples of such activities include the introduction of drugs into prison or perjury being committed. Such illegal activities, if looked into from a practical point of view, have led to success in creating law and order to a huge extent. However, such a practice can clearly be led to abuse of power.

It is erroneous for the Supreme Court in the Gregg case to make generalizations in total disregard of the disproportionate numbers of ethnic minority groups who are arrested, sentenced and on death row in the American prisons with some decisions basing heavily on racial discrimination and other ethnic biases (Walker, Samuel, Spohn, Cassia & Delone 491).

What weight should original intent, current values or modern conditions of trade have in construing the commerce clause? During the constituting era, the implication of a word in any legal document was postulated to be its ordinary, conventional meaning (Branch, 1753;

of the search, one of the policemen noticed two sets of expensive electrical equipment, and noticing the state of the apartment, decided to look at them closely. The officer moved some of the equipment to get a look at their serial numbers, which he duly recorded and phoned in

This paper examines the facts presented in the hypothetical case of Jen who has been refused GM-Free accreditation license by the WA Minister for Primary Industries  Therefore, the arguments herein present the tenets of procedural fairness in relation to an appeal to review an administrative decision that has purportedly denied the applicant the expected due to PF in line with the prevailing legislation.

Supreme Court normally functions based on the guidelines, passed by the Congress. Under normal circumstances, Supreme Court hears cases which were unresolved in trail courts, appellate courts and state courts. Most of the cases appear in

Indeed, the main aim of giving threats to punishment is to convince law violators that the benefits of crime are less than the consequence. The threat of punishment can apply in general deterrence, which involves instilling fear of severe criminal penalties like long jail terms on juvenile delinquency.

Success in decision making mainly depends on both the quality of the decision and its effective execution. Quality of the decision

The state accuses Mr. Holden; however, a judge from superior court granted an action to restrain the marijuana, determining that “the warrantless placement of a GPS device to track a suspect 24 hours

According to the fundamental framework of Title VII, it has been observed that it defends the various factors related to religious considerations including beliefs and practices within the working place. Title VII considers the major aspects of religious beliefs that are possessed by any religion i.e. either traditionally organized or any new religious communities.

One of the cases in a Delaware state regarding the dram shop liability is “Shea v. Matassa.” Mr. Philip Healy consumed alcohol two times before the crash; first he consumed alcohol while he was at his sister’s home to attend the family gathering, and later on

Human rights are one of the essential rights which are attributed to all citizens regardless of age, religion, creed, nationality, gender, and other demographic, political, or personal considerations. Human rights are considered universal as well as inalienable; they are also indivisible and interdependent.

The method, according to which both the models work, has also been discussed in the paper. The consequences of both the theories on the general public and the criminals have also been illustrated. The due process model

Islamic banking is distinguished from conventional banking in three main areas: a prohibition against interest (riba), risk-sharing and asset-backed credit. An additional feature of Islamic banking is that all products and services are required to be Sharia-compliant. In general Islamic banks operate with a higher level of discipline and under a tighter regulatory framework than conventional banking.

Codification of the director’s duties shifts focus from statutory statements, and rather reflects an enlightened model of the duties of shareholders as enshrined in the Companies Act 2006. This therefore explains and means

Leadership is a vital role in any given organization whereby the individuals bestowed with the leadership powers have the authority to influence other workmates to strive towards a certain goal (Monopoli, 2013). Leadership can be defined as an act of influencing individuals in a workplace so as to lead to a production of a desired effect.

The current law seeks to protect the parties of similar court cases thereby maintaining the legitimacy and integrity required in the profession. The law does not isolate the auditors but reminds them of the seriousness of their jobs and the need to act with both integrity and caution in order to prevent either intentional or unintentional auditing mistakes.

Local intelligence has alerted an officer on patrol to a spate of thefts from vehicles in a local car park- the Modus Operandi (MO) being to smash one of the side windows of the vehicle to gain entry. The officer is on patrol in the local high street and a call comes in telling them that a PCSO has observed the individual acting suspiciously. 

Documenting the crime scene plays a critical part in case resolution and aids in the collection by ensuring that physical evidence is available during prosecutions (Horswell, 2010). The main purpose of crime scene investigation is to recognize, preserve, collect, interpret and reconstruct all physical evidence that is at the crime scene.

For instance, in the rules-based regulations, accountant ought to follow the laid down procedures (detailed rules) in the preparation of the financial documents. Most accountants have been perceived to opt for this security regulation because, in

The writer ought to have included the modes of evidence collection, documentation, testing and sketching since they also serve as crime scene elements. The chronological arrangement of crime scene information could also be significant. Listing of the bodies involved in the crime scene investigations could also be imperative.

Correction officers at BCJ subjected Florence to what he described as a “strip search.” During the search, Florence was

According to Meyer (2013) the current President’s security strategy is to have a national gendarmerie. A gendarmerie consists of armed forces, whose duty focuses on public safety (Meyer, 2013).

This case is filed in the International Criminal Court (ICC) which issued the warrant for his arrest. The crimes against him include seven counts of crimes against humanity which are persecution, murder, forcible transfer,

In as much as Mr Hasting talked the parent out of the complaint, the incident raised questions on the previous occurrence. As such, he was to be held liable for any action of omission or commission. Concurrently,

Qualitative research is a type of research that can be directed to look into the numerous issues on the globe. This kind of examination typically majors on the practices of the gatherings influenced by the subject under study. Research of this type is the best research choice in situations where the many-sided quality of the issue needs to be considered.

Court-martial comprises of one impartial commissioned officer who obliges as a judge. As a judge, he/she has an active, and not a passive, role. Due to this the role or even presence of adversarial counsel is minimized, and the protection accorded to the accused in civilian trials or special and general courts-martial are substantially diminished.

Onur has a history of many criminal deeds. Information and past records indicate that he has been involved in crime for many years. He was guilty of theft at the age of 15 years and was charged. He has also been reported as a runaway three times. Onur has ever been reported to have stolen property and cash from his parents and grandparents.

Generally speaking, the Article has overriding jurisdiction over any decision deemed to have negative implications on market competition that results from agreements by companies. Article 102 relates to misuse of dominant position in the market by a business or company in a manner that would hinder competition.

The legal interpretation is essential to preside over conflicts that affect the parties’ interests, which they thought form the best approach to the solution. It is advisable that conflict resolutions mechanisms, such as negotiation and advocacy do not need a hard stance from the opposing parties since it makes the process unmanageable.

The legal order created by the community’s unique character is supreme to the law of its Member States and is provided a complex system of decision-making. Thus, the Community has become more than just a mere representative of the countries composing it. The delineation of competences of the Member States is turning out to be sensitive matters (Leczykiewicz, 2005).

The author says that the initial complaint filed by Norman was founded on a claim in damages where she alleged that the respondent, Future Publishing Limited had used words which had a defamatory meaning. The substantive complaint arose out of words published by the defendant in a classic CD Magazine.

Helvar Limited’s maternity procedures and policy do not motivate employees on maternity leave to return to their work. On the other hand, many other companies provide this motivation in order to retain these employees by providing them with better maternity compensation conditions or arrangements (Helvar, 2009).

David has a good chance of success against C Plus.  His claims are founded on indirect discrimination with respect to unequal pay, breach of contract, unlawful variation of a fundamental term of his contract, unlawful wage deduction and denial of a right to challenge the decision to reduce his salary and withhold bonuses.

In general, police officers have alternatives available for applying force including physical force, electronic, impact, chemical and use of firearms. The police require training in order to acquire new techniques and get education concerning the use of force. This shows that to some extent, the police need to use force when handling some issues.

However, that concept – long speech - is the very first that comes to mind once asked to describe his address. An examination of the delivery can reveal a deeper rationale of my interpretation of what was