olicy it is a marine insurance contract and thus it is governed by the Marine Insurance Act 1906.3 As a result, Linda has a “contract of indemnity” which essentially entitles her to expect to have or to acquire an insurable interest the property insured.4 In this regard, an insurable interest is conferred upon any individual with an interest in a marine adventure.5 In turn an individual has an interest in a marine adventure when: .
The author states that while the old test states that employers are generally no liable for their employees’ intentional acts, this has been evolving. Consider the case of Lister v. Hesley Hall Ltd. This apparently was one of the first times that employers are said to be liable for intentional acts of their employees.
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This paper seeks to show the impact of Chinese contract law on foreigners. China has been known for cheap labor, and many investors had flocked the country. The introduction of the new contract law is seen as a major threat to doing business in China. There was a growing need to address social security and protecting laborers.
The report has explained the link between globalization and disability. It has explained how globalization can influence in the life of disabled individuals. In light with the discussed impacts of globalization on disabled people and UKs current disability policy, the paper has tried to critically evaluate the effectiveness of the policy.
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Policing also seeks the elimination of antisocial activities that hamper the peace and sanctity of people living in a society. There can be several obstacles in the matter of policing since this is a joint effort among the law enforcement departments and the people of a free country.
Criminal law and the civil law are two different laws according to its foundation to deal with the cases separately (Michael, 2009). If someone violates the criminal law, the criminal procedure takes it course against the violator to implement its writ. In many democracies of the world wherein the criminal cases burden of proof lies on the shoulder of prosecution.
According to the research findings, it can, therefore, be said that American laws do not prevent anybody or organization to undertake video monitoring of an employee, even the employee does not know about his/her consent being monitored. Even the private and public sector organizations are aware of the importance of effective use of electronic gadgets for the safety and security.
In light of the legal provisions, the evidence collected from the scene will probably be accepted in the court of law. This is because it is credible, reliable and first hand and not merely hearsay. The police or investigating officers would be required to collect further evidence regarding the criminal behavior of the suspect especially considering that he has been previously been convicted for an offence with similar facts.
Some European countries, like Germany and Netherlands have decriminalized and /or legalized prostitution and given it the status as any other normal work or profession. It included decriminalizing brothels, the customers and the pimps. UK government follows the theory of abolitionism, where per se the act of prostitution is not directly an illicit act, however, majority of the activities associated with the profession have been declared illegal.
It goes without saying that 9/11 stemmed from an intelligence failure. Before the wars in Iraq and Afghanistan, the enemies of the United States still had lesser motive to attack our homeland. However, the armed struggles going on in Afghanistan and Iraq are being used as fertile recruitment grounds for terrorist networks.
This observance of this constitutional right gains greater significance if the government interest sought to be served by the administrative decision is lacking in urgency and importance. In this discussion, a brief account of the facts of the case is presented, followed by a discussion of the qualification of the case for judicial review pursuant to the ripeness, standing, exhaustion of remedies, and primary jurisdiction.
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Although the torture policy has been authorized at the top government levels, it has remained a controversial issue for a long time because of the claims that it violates the standard of morality in a free society, such as that of America’s. This paper critically analyzes whether or not torture of enemy combatants in the United States is a violation of the standards of morality in the society.
(2011, par. 2) pointed out that this had been established in the cases of “Pate v. Robinson 383 U.S. 375” in 1966 and “Drope v. Missouri U.S. 162” in 1975. He further stressed that the U.S. Supreme Court made it clear that the moment there is evidence presented pointing to the said incompetence to stand trial, “even if the defendant does not request such an exam” the judge himself is obliged to have the defendant tested for competency (2011, par.
The compensation is meant to put them in the position they were before the case of negligence occurred. Kelly, Hayward, Hammer and Hendy (2011) note that before a plaintiff can sue a person for damages related to negligence, there are elements that have to be proved before a court of law by the plaintiff.
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Rosa was detained following a suspicion by the custom inspectors that she was smuggling drugs. They accused her of swallowing balloons and this was proven after a physician who extracted a balloon examined her whose content were cocaine. The defendant before the examination had claimed to be pregnant and was suppose to be taken for X-ray examination (Carmen, 1995).
The Criminal Damage Act of 1971 explicitly has three specific offences that relate to criminal damage. These are simple criminal damage under S.1 (1), aggravated criminal damage under S.1 (2), and criminal damage by arson under S.1 (3). The central thesis of the appeal by R and G (2003) is the very definition of the adjective “recklessness”, within meaning of section 1 of the Criminal Damage Act of 1971.
As a result, the Sherriff altered and tightened the policy regarding police chases or pursuit. Accordingly, supervisors are required to any car pursuits that are not meant for violent crimes or other crimes that would be worth the pursuit regardless of the potential liability or danger.
Therefore the main sources of law that have shaped the English legal system can be broadly divided into codes and case law. Both codes and cases have made significant contributions to shaping the English Legal System.2 However, based on the doctrine of parliamentary sovereignty, acts of parliament are arguably the most influential source of law shaping the English legal system today.3 Parliament has the authority to “make” or “unmake any law”4 and as a result of the exercise of, or the failure to exercise this power, the sources of English law are possible today.
Introduction 26 Discussion 26 Conclusion 27 References 29 Section 1: Intellectual Property Introduction Intellectual property (IP) can be defined as the lawful rights that originate from the conduct of intellectual activities performed in the scientific, industrial, artistic and literary fields.
Knarlesn is defamation. Knarles wants to cancel the agreement that Chetum made with Knarles’ son Barkley in his absence. He does this by telling Chetum that he will send him a check to cater for what he paid the maintenance company, and he will not even ask for payment for the job already done.
The accuracy of this statement in relation to the law in England and Wales may be a question that elicits serious debates from people with varying view points. This paper will use the law in England and Wales to discuss the accuracy of the above given statement.
Section 1A of the legislation states that a person is guilty of an offence if , without lawful excuse, he “destroys or damages any property belonging to another intending to destroy or damage any such property or being reckless as to whether any such property would be destroyed or damaged”.
Partnership law clearly states partners’ rights and obligations incidental to the partnership. In the given case, all the four participants have the right to express their opinion about matters connected with the treasure search. Similarly, each participant is entitled to obtain a one-fourth share of the treasure if it is discovered.
The concepts that are proposed are to increase training from 20 hours to 60 hours to match the training given to the Anti-Terrorism Task Force in the state of Ohio. In addition, providing access to the United States Department of Justice (DOJ) criminal file database and creating a monitored UHF commercial narrowband radio frequency for all licensed private security firms and their armed officers in case of a terrorist attack at their duty station might help in the prevention and reaction to terrorism that might be conducted.
Is globalization beneficial for Canada? According to Thomas Friedman of New York Times, “globalization is the next great foreign policy debate. Yet as the debate expands, it gets more confusing”(Rodrik, p.19).When it appeared initially in the horizon, globalization created lot of concerns in the minds of many countries.
The issue is whether Nifty will be successful and what remedies he may seek. Law: s180(1) of the Corporations Act 2001 (Cth) – Care and diligence – directors and other officers; ASIC v Rich – non-executive directors in breach of their duty of care, skill and diligence.
CHARITY FUNCTIONS It has been argued that the only function that charities can ever perform is that of relieving the symptoms without treating the disease. In effect, charities merely salve people's conscience while maintaining the status quo. While social organization has been an essential aspect of modern existence, few would argue that even the nations with the most functional government systems have been able to address the ever-burgeoning amount of social challenges.
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The Criminal Justice System is set to be, “The purpose of the Criminal Justice System is to deliver justice for all.” Criminal Justice is the fundamental system of institution and organizations of governments focussed at preserving crime and stopping crime.
The law of salvage has been in place over the centuries in cognizance of the dangers and the risks associated with the sea. The right to be compensated for salvage at sea is usually based on equitable principles. A contract is not a requirement for a reward on the basis of salvage law to be offered.
The relationship between crime and law is that, where there is no law, crimes will not be punishable and this would ultimately lead the world into anarchy. This is because the criminals would be so many that no one would be at peace. This would be occasioned by the fact that criminals would be aware that they would not be punished for whatever offence they commit, thereby leading to chaos all over the world (Schmalleger, 2011).
In the absence of a clear cut legal system that defines the structure and role of the judiciary, there would be chaos in the interpretation of the law and everyone would interpret the law in a way and manner in which they please. It is therefore a step in the right direction that the judiciary arm of government has been mandated to have a well defined legal system that sees to it that the constitution of the people is protected to the latter.
It binds courts-within certain set limits-to prior decisions made by superior courts on similar cases. Two objects of legal order are achieved when precedent is adhered to. The concept of precedent constitutes greatly to the maintenance of stable laws or legal regimes1.
3.5m. The article involved Weatherhead and his three co-conspirators, Ashley Rhodes, 28, of south London, Peter Gibson, 24, of Hartlepool, and an 18-year-old from Chester where they carried out an online attack at PayPal using distributed denial of services (DDoS).
Billy slaps the nurse across the face, and the police are called. Billy is subsequently arrested for assault on both the nurse and his wife. The need Crown Prosecution Service now have Billy’s file. Apply the Guidance and general principles that must be taken into account by them when considering the decision as to whether they should prosecute Billy for the alleged assaults” This paper deals with the case of Billy and his wife and Billy hits his wife on the head with a chair, and she is hospitalized.
As determined by the authoritative bodies of EU, a significant approach to enable effective application of legislation can be illustrated in the adoption of directives. With concern to anti-discriminative policies, in Europe, the directive for equivalent pay for male and female employees was first implemented in the year 1975.
Even knights and pilgrims had not failed to rape women on their way during Crusades marching towards Constantinople. During World War Japanese Army raped almost 200,000 Korean women forcing them into brothels. Surviving Korean women were given a compensation of $ 2,300 each by Japanese court in 1998 (Siegel, 2011, p.
In this case, Richard Knight made a will that passed all his property to his brother Thomas Knight, and to his male offspring’s. If there was none, then his property was to pass over to descendants of his late grandfather, Sir Richard Knight. However, Thomas died without male descendants, and the will was challenged in a court.
Although it is oftentimes understood and believed by American historians that this particular movement of independence was somehow native and special to the American experience, the fact of the matter was that many of the influences that contributed to thought within the colonies were heavily influenced by the writings, teachings, and philosophy of a broad range of historians, Greek thinkers, and or European sociologist/political scientists.
Erwin Chemerinsky notes the federalist structure acts as a major influencing power in assigning various powers to individuals through the constitution. It is divided into the state government and central government in general making it a powerful system driving the nation.
Self reporting surveys show that the rate at which crimes are committed by different groups in the population does not march the prosecution statistics. The methodology shows how the data for this research was conducted which was through comparing of different studies conducted on this topic.
Resolving International Disputes.
In the case of the United Nations (UN), the objectives are global and condescending as the body works for human rights, development, security and peace. Disputes related to the work environment are common and relate to disciplinary measures, harassment, discrimination, promotion, equity of treatment and renewal of contracts.
Is the company being sold simply because the board needs to perform its fiduciary duties? What is the extent of application of the fiduciary duties in this case? These are the two main questions that should be answered in analyzing the reason behind the sale of the company.
My only sight of prisons is those I have glimpsed in movies. This virtual experience has made me feel like I am really visiting the prisons but excluding the prisoners for I have witnessed only the death row cell, secure cell and cell housing unit, as well as the open dorm housing unit and the prison compound.
The present paper would focus on customary law as a rule of conduct which is customarily recognized, adhered to and applied by the inhabitants of a particular community in their relationship with one another within and outside the particular community and which has obtained the force of law, in that non compliance with the rule or custom in question attacks adjudication and possible sanctions.
Imagine that you are living in a neighbourhood that is littered, with walls covered with graffiti and streets parked with unreturned shopping carts. Would the scene around you result in more litters, theft or even trespass and other criminal acts?
It is due to this role that the police are accorded the powers of arresting and taking into custody those citizens whom they feel that they have reasonable grounds to warrant an arrest. It may be important to note that the arrested person is denied some of the fundamental rights such as the freedom of movement, freedom of association among others but it is also necessary to mention that this does not warrant inhumane treatment as detainees are also protected by the same laws which define the expected code of conduct to be observed by the arresting officers at the time of arrest through to the time justice is dispensed on the accused (Smith, 2010).
This has far reaching effect not only on the economic policy making of the member countries but also on their political and legal systems. Common policy implementation requires great political integration of the various member states.
It does not cover age discrimination or disability discrimination, which are covered by the Age Discrimination in Employment Act and the Americans With Disabilities Act.2 Companies that discriminate against people on the basis of these qualities can face severe legal repercussions under United States law.
But in the last three decades of the twentieth century, it has gained a lot of popularity among law makers, political philosophers and criminal law theorists1. The retributivist theory which was thought to be dead has now come back alive and so has the arguments around the theory.
How is contract defined? When do teachers become ineligible for unemployment compensation benefit? What are the instances that disqualify a teacher from getting the compensation contract? Brief Answer It depends on the contract and employment status of the substitute teacher.