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‘If a fiduciary, like the solicitor, in Boardman v Phipps (1966, p.45), acting honestly and in excellent faith becomes then the constructive trustee of that given profit, then the fiduciary acting dishonestly plus criminally accepts a bribe, or for that matter makes any profit from his scheming must also be treated as a constructive trustee’ (Wilson 2007, p. 44).
The purpose is to allow a lenient judgment against the accused and reduce wastage of time during full trial. Plea bargaining discourages sentencing roles since retribution is aimed at punishing the offender in equal measure to the crime committed. Retribution seeks to
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Over the years, there have been occasional incidences of execution of criminals for various capital offenses in the country. This was practiced in various states with numbers varying in individual states. However, there was opposition to these rulings since some people argued that it was an inhumane way of punishing capital offenders.
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Since drug utilization becomes a personal matter, the law cannot be justified to carry out any criminal prosecutions. By liberty to autonomy, each person must make decisions concerning their lives in every aspect. Therefore, the government or society has no privilege of paternalism to any person concerning their lives at present and future.
The petitioner of the case to be heard by the Supreme Court must file a writ of certiorari, which is essentially a motion that the case that has been decided by the court of appeal should be reviewed by the highest court in the country. It is the Clerk of the Supreme Court that keeps the records of the cases.
t to search and open anything in the car since he probably believed that the suspect was transporting narcotics attributed by what he overheard from the public telephone that appeared as arrangements for drug transactions. However, this does not give the police officer the power
Over two-thirds of the suicide victims are Caucasian while about 40% and 18% of the victims are of Hispanic and African-American decent respectively (U.S. Department of Justice, 2009). American Indian youths and Caucasian youths accounted for 2% and 38% of the victims
on to do something which a reasonable man, guided upon those considerations which ordinarily regulate the conduct of human affairs, would do, or doing something which a prudent and reasonable man would not do,” It is a breach of legal duty which causes damage that was not
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stice Willis Van Devanter seemed to undercut the chances of passing the court packing plan, FDR continued to press for passage for all but one of the following reasons. Which one was not part of his reasoning?
9. According to Leuchtenburg, the legislation introduced under the
Furthermore stringent laws become established, and the police left to conduct operations similar to military (Scafer, 2007).
The problem with the introduction and incorporation of concepts of federalization and militarization in policing will be the
This threat can be unleashed through delivery packages. The chemicals include the likes of smallpox and anthrax. The greater threat of this situation is the medical professionals misdiagnosing most of these threatening attacks.
Women in Saudi Arabia should not indulge in business activities that may expose them to any form of danger. As opposed to international law, where a woman on maternity leave is paid, under the Saudi Arabian Law, a woman employee that is about to give birth to a child is entitled to paid maternity leave commencing four weeks before delivering and six weeks of paid maternity leave.
Road safety measures are steps taken to prevent and minimize the number of accidents on our roads. These measures, on the other hand, have negative effects in that some of them lead to increased accidents on our roads. This paper will explore these effects. Introduction of speed limits tends to reduce road carnage to a larger extent.
to tort laws, the Attractive Nuisance Doctrine states that, people who own land may be held responsible for accidents that occur to children trespassing on the land (Okrent 22). This law applies if the risk is caused by dangerous objects, or some features of the lands that are
The United States senate passed it on December the 24th of 2009, with Congress passing it four months later. However, many States, individuals and organizations have gone to federal court challenging its constitutionality. Two federal appellate courts have upheld it; a third
This paper tends to compare and contrast the two types of dispute resolution. The thesis statement is that: for businesses, ADR tends to be more favorable as compared to the traditional litigation process.
While
It is quite important to state that the case can be reviewed from two principles, ethical formalism, and utilitarianism, upon which an ethical judgment can be delivered. Under the principle of ethical formalism, the emphasis is placed on the intention of the parties rather than the consequences of the case.
About a century ago, the United States Juvenile Justice System was created with the objective of redirecting young delinquents from the harsh sentences of criminal courts and promoting rehabilitation/ treatment according to the needs of the juvenile. The system was to concentrate on the best interests of the child rather than on the felony committed.
The children sent to camp are involved in antisocial behavior. Many times their parents, teachers and probation officers are very frustrated. It is tempting to believe that sending them away into an environment where many of their freedoms and privileges are taken away will help them to mature and see the destructive course their lives have taken.
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The author states that Defense of Animals (IDA) is a non-government organisation which was set up in order to protect the moral rights of animals. There are various goals of this organisation: to provide adequate infrastructure for shelter and ambulance to animals who are injured; to modify the existing animal laws.
Modern organizations are faced with an ever-increasing threat of fraud, both internally and externally. Fraud continues to increase alarmingly with each passing moment recording a new or even more sophisticated form of fraud. The situation is made worse by the increasing adoption of information technology that networks and connects the information infrastructure in businesses.
The role played by key investigators in such matters has been changing and generally becoming complex and sophisticated (Dempsey, 2010). Overall, attempts have been making investigators more ready, equipped, and well versed in different dynamics of their roles in the new world that is dynamic and unpredictable.
The second era took place from 1930-1980 commonly known as reform or professional era where authority of the police force came from law and professionalism.
This is a perception by the public that litigation (lawsuit) has been on the increase and is becoming a burden to the society at large. This may be the case because of the court fees being low and hence anyone can afford to pay and hence anyone can sue. The other reason is that the majority of Americans have come to recognize their rights.
“Relative deprivation includes both structural factors, such as objective indicators of a group’s income, and the subjective element of how people perceive their position” (Webber, 2009, p.88). Relative deprivation gives rise to discontent
As the paper stresses, the New York Times is running a series entitled “The Female Factor” and in an article dated March 6, 2012, entitled “Women Move Into Asia’s Corner Offices”, it discussed how women in Asia who had previously been subjected to inequality and relegated to the household are now coming into their own.
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The purpose of the Employment Law in every country is therefore to protect the rights of the worker whether a citizen or immigrant and to prevent any mistreatment of them at the hands of employers. In the UK, terms of employment of any job are usually determined by the applicable laws and general practices regarding conditions of employment as set out in the respective Contract of Employment that is read and signed by the employee.
The author states that when the Parliament Acts of 1949 was enacted, it served to amend the Parliament Acts of 1911, by reducing the duration the House Lords could delay Bills from two years to one-year period. 3 The two acts are important legislations, in that they limited the powers and the privileges wielded by the House of Lords.
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However, gangs have continued to recruit new members across the country, a factor which has been enhanced by factors such as unemployment, insecurity among others. Some of the gangs operating in Birmingham include and not limited to the Surenos, which is an umbrella
In most case, kidnappings are usually carried out with the objective of terrorizing the victim, asking for ransom, or influencing a political decision in exchange with the kidnapped person. Additionally, in many situations,
The war was fought between the allies and the central powers. Allies comprised Great Britain, France, and russia, while the central powers included Germany, Austria, and Italy. The war was fought to gain the balance of power in the world but it did not seem to have served the purpose. The war lasted for several years.
The Sixth Amendment guarantees the accused person a right to a speedy trial in all criminal prosecutions (Acker and Brody, 2004). Thus, a speedy trial is defined as a trial, which is conducted in a timely manner according to the proceedings and regulations of the law. The current provisions for a speedy trial in a federal district court include general provisions such as the presence of the defendant and bench warrant and sanctions.
In that sense, the Saudi will be obliged to eat a humble pie and accept any form of arbitration as long as it’s sound and appeal to logic in equal measure. It is the hope of every country that acts of aggression should be strictly and stringently dealt with as the compromise the cordial relationship that exists between countries.
In the final analysis, as evidenced by the holdings and the rulings in the case, courts are only obliged to award damages that occur naturally as a result of a breach of the contract, or rather damages that occur within sensible contemplation of the parties to the contract when the contract was entered.
The Committee also shows how databases have created an evolution in forensics. Before the invention of the Automated Fingerprint Identification Systems (AFIS), fingerprints were compared by hand to only a handful of suspects. Now a latent print can be
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In October 2009, a visiting father had completed having dinner with his daughter and was returning to his car from a Chartoville restaurant. The father was returning his daughter to her dormitory at about 9.20 pm, as they returned they had to pass by Paul John Arena, where there was a major event occurring.
roupings to control the way businesses or groups of businesses acquire and use power to prevent others from operating or thriving in certain sectors of operations. In most nations, competition law prevents large businesses and organisations from taking undue advantage of their
The jury acts as a revelatory of the public’s feeling. Generally, the public has confidence in the jury system because it values public participation. For example, in R v Ponting for example, D, working as a civil servant, saw documents
The author states that his choice of Criminal Justice as his undergraduate major was taken without any hesitation, although he did regret the end of his High School Biology classes – Biology being his favorite subject at that time. He thoroughly enjoyed the intellectual stimulation of his courses in Criminal Justice.
The author states that the old-age benefits reflect the retirement benefits as they attain a certain age when working while that of disability benefit refers to the inability to do work properly due to sickness, accidents, and age. Survivor benefits get issued to the dependent either spouse or children in case of death of the insurer.
The church has had significant power but only as far as its excision is within the perimeters of moral and religious matters of the society. The power of BCB, its proximity to prominent politicians and poor record of accomplishment in handling cases involving their own and evolving around their mandate portends doom for an already ailing society.
I notice that Pentrix hires Barnes in 1998 after he receives a policy manual. Alongside that, Barnes signs an acknowledgment after he receives a copy of the policy manual with fresh language.However, the policy is free to both the employee and the employer and does not restrict them to one another
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.
With this approach, an insurer was jovial in accepting a premium for women drivers, and they now have the same details as the men, men’s insurance premiums should reduce. A question remains pending; the risk for women drivers has not increased, and it does not justify the increase in their premiums.
However, some critics oppose such an argument by stating that Michael ought not to blame anyone for his death, since Michael personally injected himself with the fatal anesthetic (Neverland 83). The key ethical issue
According to Domanick (2004), three-strikes laws are edicts that United States’ governments enacted requiring courts to enforce life sentences to detainees with two or more previous convictions with serious crimes. A statewide vote passed a law in 1993 after the kidnapping and murder of a 12-year-old boy, Polly Klass.
This could either be directly or indirectly. These damages are often in terms of money from the party that stands accused of causing harm (Currie & Cameron, 2000). Usually, these matters often end up in a court of law. However, civil wrongs cannot be equated to criminal wrongs. Most tort cases occur due to negligence.
The “English Only Policy” is an organization-wide policy prescribing the use of English to cater the needs of the customers; thus, English fluency is a requirement in the company as it directly applies to the position of Mary as part of the
In the United States, policing has undergone four eras namely: the Political era, the Professional or Reform era, the Community Policing era and the recently employed Compstat. The system of policing during the political era was entangled in politics. The police was not an autonomous department and so it encouraged patronage in politics and the mayors and council members just to reward friends did recruitment.