The author states that in Asif and Molly’s cases, the prosecution had the burden of proof. The standard applicable here is the ‘beyond reasonable doubt’ legal standard . Asif had been accused of stealing iPods and so was Molly. Although the evidential burden was represented by the presentation of witnesses.
Furthermore, they need to be smart and look the part in order to blend into the background of their investigation. Little T.K has had exposure towards drugs since he was an infant as he has been dealing since elementary school and he has access to all the information regarding the Hood.
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Given this definition, any hiring is at will and the employer can fire his/her employees as he/she presumes; similarly the employee is free to strike and quit. This paper will discuss different steps that employer can effect to address various employee behaviors at the workplace.
This brief analysis will seek to review, explain, analyze, and offer a subset of recommendation for three such challenges that currently face the system. The three challenges which will be analyzed include: the problems associated with incarceration for profit, the increasing percentage of total population within the United States that is being incarcerated, and the effects that the War on Drugs has had with overall stress on the criminal justice system.
Sexual Exploitation by Child Molesters Sexual abuse of children mostly occurs because parents are not able to identify potential perpetrators and, therefore, there exists a need for intervention to offer parents a portrayal of the types of activities that a molesters generally employ to attract their victims into the sexual act.
Terrorism poses serious threats to the national security and, therefore, many countries have opted to adopt various legislative measures and policies that will be able to protect all the citizens. For instance, EU adopted counter terrorism strategy and action plan, which has enhanced cooperation between the police, judicial and other government organs.
These studies have found differing conclusions on the issue of crime and immigration. It has been argued that the likelihood of a crime to be committed by an immigrant differs depending on the origin of the immigrant and the country or region in which the immigrant settles.
Issues such as deterrence, brutalization effect and various other controversies highlighted by notable organizations and authors are also discussed in the paper. Table of Contents I. Introduction A. Capital Punishment……………………………..…….
This they mainly attribute to the value of individualism within the society that makes every person favor themselves especially in the face of danger and risk for survival. Another major reason is the unworkability of the rule requiring rescue due to definition of terms it is mandated and when it is not.
The person that is accused of offense has protection provided for by law to ensure that the criminal justice personnel do not cross their mandate (Cohn, 1977). Some of the branches of the criminal justice system include the legislature that is responsible for creating laws for people to follow; the second branch of the criminal justice system is the adjudication that includes the courts responsible for punishing law offenders with rehabilitation programs, jail terms or fines.
AW Ltd purchased a computer from Shah Ltd. In the invoice, it was specified that Shah Ltd will be liable for any defect only for the first year of the transaction and if informed within 7 days from the identification of the defect. The computer had an electrical fault after two weeks of purchase, which damaged many business documents of AW Ltd.
ariously Liable 10 Conclusion 11 Task 4 (LO4) 12 4.1 Apply the Elements of the Tort of Negligence and Defences in Different Business Situations 12 4.2 Apply the Elements of Vicarious Liability In Given Business Situation 13 Conclusion 13 References 14 Bibliography 17 Task 1 (LO1) 1.1 Explain the Importance of the Essential Elements Required For the Formation of a Valid Contract In order to form a valid contract, there are five basic elements that determine high importance.
Individual rights refer to those principles that are held by one person and not a group of people. The law, social means or self-determination are the fundamental ways in which these rights can be mandated. These rights are immensely attributed to numerous issues.
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There are only a handful of external military threats and attacks. However, there is an emergent threat that has rendered all democracies vulnerable. These are attacks that involve weapons of mass destruction (WMD), chemical biological, radiological, explosives, and nuclear agents.
Generally, disputes on contracts arise due to failure of one party to fulfill their promises. For a contract to be valid there must be an agreement which is composed of offer and acceptance. Offer and acceptance is used to form a contract.iAccording to Taylor, offer is the willingness of a party to enter in to a contract with another partyii.
The research demonstrates a test table that has been used to differentiate ideally between these two categories of workforce in UK was devised by the courts systems. According to the table, the courts attempted to identify the dependency level of the person to the employer. This was deemed important in identifying the individuals that were reliable for the provisions that are as stated in the employment law statutes.
The researcher states that it is not necessary that multiagency partnerships are always formed domestically. In some cases, multiagency partnerships are formed between international agencies for crime prevention. For example, many of the American crime prevention agencies have multiagency partnerships with similar agencies in overseas countries to fight against terrorism.
In sale of goods and supply of services the Act describes some basic provisions which are implied by the statute so that protection can be provided to purchasers. In section 12, the Sale of Goods Act protects buyers where a seller lacks thee the right to sell goods to them. In section 13, there is a provision that where the goods are sold with description of the same good, it is implied that the good will obviously correspond to the stated description.
Justice is the phenomenon through which we could achieve righteousness and equality. But unfortunately racism has been a common practice in the criminal justice system. Racism is actually discrimination against a group or individual based on color, social and financial status.
500. For advising O’Brien regarding his obligation towards Julia, Parsons and Winston, the following issues have to be discussed. An offer indicates willingness to form a contract on the basis of certain terms, and with the intention that it should be legally binding on being accepted (Barry, 1992, p.
CRIMINAL JUSTICE SYSTEM OF AUSTRALIA.
“When all is said and done, the current criminal justice system is about as fair and effective as we can reasonably expect” Every society has its own criminal justice system. Such justice system seeks to manage the peace and order in any society, ensuring that all its citizens are protected from harmful elements and that the appropriate due processes are available for parties in the redress of criminal grievances.
Although no body questions the need for aggressive antiterrorist action, some experts are expressing concerns that some more traditional criminal gangs are taking advantage of this lack of attention. In particular, a wave of street gang violence is threatening to overwhelm local police department in many communities.
One thing that all human beings attach enormous importance to is privacy. This is what humans consider as the right to be let alone and do things without interference from any other sources and most importantly the government. In this regard, human beings need to develop and reconnect with their beliefs, dreams, thoughts, and hopes of privacy.
In a number of ways, proof is an expansion of criminal and civil law. Normally, evidence law sets up an array of restrictions that justice systems implement against lawyers in an effort to monitor the different activities that the court process brings out in the open in an environment where the enemy is a member also.
This has led to an uneasy relationship between the copyrights and designs. The legislation has been in a compromised situation regarding this and to certain extent has allowed a dual level of protection under both deigns and copyrights2. An important question arising in this matter is that how to separate branches of protection designed by law to protect different areas of intellectually property can ultimately in principle protect substantially similar subject matter.
The Aarhus agreement is grounded into three pillars. The first allows citizens the right to access publicly-held environmental information, which increases transparency and accountability. The second pillar gives the citizens the right to participation in decision-making processes and other policy matters.
According to the act, the children’s education should be in line with the wishes of their parents. In addition, the act states that the education offered to children should not violate their religious or philosophical values. In this case, it is against the law for the local authority to refute Cs application considering that a permanent establishment will allow access to proper education.
Complaints were filed against the Department of Corrections, stating that there are violations of the First Amendment. How then can the Jail Officers carefully enforce the laws against suspected prisoners receiving and selling drugs inside the prison compound?
In the paradigm case, possession of a controlled substance is one of the crimes that Jones has been previously charged with. As to whether this crime is a misdemeanor or felony remains a subject of discussion. From the facts of the case, it is clear that Jones neither has physical control nor dominion over a controlled substance.
A case in point is the crime of mass murder. Mass murder according to Fox & Levin (2005) involves an act of killing four or more individuals concurrently within a short time period. There is really no time breaks in between the murders as they murders occur at the same time.
To be precise, the discussion henceforth will be comprised of the activities in which firms did not allow its employees to join unions and construct a case analysis on ULP’s failure. THESIS STATEMENT The discussion of this paper will also include recommendations that could have been initialized for avoiding conflicts that resulted in turnover of the employees in the firm and the union’s defeat.
Ideally, consumer law covers an array of topics that include fraud, unfair business practices, product liability, misrepresentation, and rights to privacy among a list of other consumer/business enterprise interactions. The core principles embedded in consumer law safeguard against frauds that may arise from pricing, personal loans, consolidation, utility turn offs, and bill collection regulations that may influence bankruptcy.
General contracts related to writing software are regulated by the Supply of Goods and Service Act 1982. In relation to the license agreements wherein software ownership is not transferred, the contract should include the duration and the scope of the agreement to avoid any possible misunderstanding.
The traditional perspective of the parties to a joint venture held the operator with a high regard as the one performing the consortium’s operations while the non-operator as a mere financial contributor. In a consortium, it is necessary that one identify the different roles played by either party in order to avoid confusion that would result to increased litigation risk as well as uncertainty of jeopardizing the purposes of such a consortium.
Each of the parties has not fully entered into an agreement of any kind. Further, Bart has not presented Poppy with a sound offer that can form grounds for proposal. In proposing to by the painting, Poppy is not in any way responding to an earlier offer hence this is not binding.
For a valid contract to exist, the basic elements of a contract must be met. An offer must be made and the offer accepted by a competent party with the intention of creating a legally binding relationship. The contract must also have a consideration for acceptance to take effect.
The cases involve four childcare nurseries, namely; Flowerpot Nursery, Lambkins Nursery, Kingdom Nursery and Elephant Nursery. Analysis of these various cases has been done in regards to The Nursery Registration Act 2013, which gives local authorities a duty to register and inspect childcare services, revoke registration and licences of nurseries and award grants to Childcare providers.
When examining the basic concept of liberty as a right in various countries, it can be seen that different perspectives are initialized, specifically in relation to the executive powers which exist. While the ideology of liberty is noted as a main power within society, there are questions of the protection of liberty, what this means and what powers should be demonstrated.
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.
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.