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Some incentive needs to be given to help combat white-collar crime on a global level. Some countries allow for the Federal Bureau of Investigations to assist with their own investigations. However, other countries have no incentive for cooperation. From a global standpoint, jurisdiction needs to be provided regardless of country of origin.
On the facts of the question, Peter has proved that the Council had incorrectly used its discretion to maintain the road and it was due to this discretion that the event occurred. This can be quite easily proved as there had been an obligation on the Council to maintain roads but it used the discretion in an inappropriate manner.
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According to Lea (2007), the idea of crime prevention involves the belief that crime should be prevented from occurring in the first place rather than punishing the criminal after the crime occurs. Reiner (2000, p. 72) mentioned that crime is a topic of perennial popular fascination as indicated by its centrality as a theme in the mass media.
Municipal Courts and Justice of the Peace Courts are the lowest in the rank of the Texas court system. They are local trial levels with limited authority. Municipal courts have jurisdiction over criminal cases with fines of less than 500 dollars. Justice and peace courts have powers over civil matters of less than5000 dollars and small claims.
This essay has highlighted the crisis in legitimacy facing the WTO as it tries 21st Century global trade. The three issues highlighted, the development deficit, the lack of coherence and coordination with other intergovernmental organisations, and the proliferation of PTAs, all bring into question the role of the WTO as the only regulator of trade-related economic governance.
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The writer's opinion is that police brutality is an interesting topic under the study of criminal justice. This is so because the spate of police brutality on ordinary Americans in recent years has quadrupled with dismally high figures. It has become the commonest news on TV and radio these days.
Although there are lots of negative reactions to the legalization of casinos in Kentucky, I believe that it should be pushed through. Gambling addiction is admittedly a serious problem, but it is a personal one and not a problem of the activity. This should not be enough reason to prohibit setting up casinos because a few have become addicted.
Otherwise, such an initiative would have no chance to succeed (it would be possible that Oliver would have to pay the bill of costs involved). However, the firm can be held liable for false advertising and it will not be able to avoid the consequences of the law in regard to the specific activity.
What is illegal in Mississippi may not be illegal in Alabama. It is hard to prosecute someone for crimes committed in another jurisdiction (but it is possible). Generally speaking, the worse the crime the higher the level of jurisdiction. For example, most terrorism charges are of a federal nature and will be tried in federal court because they are matters of national security.
Updates and improvements to the knowledge management system are necessary for the business for it means profitability and cutting of costs.The main thrust of this paper is to discuss the case issues involving B&B lawyers and the knowledge management team in line with the development of new system needed for the business operations.
Where there is illegal gambling there is an outright crime by the mere indulgence in the process but how does it affect the crime in localities where the practice is said to exist legally? This paper will attempt to look at gambling and the link that it has to crime and attempt to assess whether gambling does cause an increase in crime rate in areas or if that is just mere speculation.
Others do not take proper precautions with their passwords. Still, others fall for internet scams run by Nigerian princes. In the future, there will be more identity theft and money stolen from online bank accounts and money transfers. People will probably do more impersonation than ever on social networking sites.
In Mondev International Ltd. v United States of America, 28 the Claimant was a subsidiary of a Canadian real-estate developer. It brought action against the City of Boston for breach of contract to develop a shopping mall in the city. The claimant won in the trial court but the decision was reversed by the State’s Judicial Court.
The Federal Fair Labor Standards Act was implemented in 1938 and since then several amendments have been induced in the act from time to time. Purpose of the ActThe law covers the workers employed in interstate commerce or engaged by any enterprise that operates in the commerce sector. The law sets the national minimum wages, guarantees the overtime in certain types of jobs and also interdicts child labor.
Under the Universal Declaration of Human Rights 1947, the UN Commission on Human Rights (UNCHR) was established as the institution for both the protection and promotion of human rights. The UNCHR failed in that it lacked credibility since states that contravened human rights enjoyed the same status as those states that protected human rights.
Title VII deals with discrimination against employees based on race, religion, gender, and so forth. IRCA deals with the hiring of illegal immigrants. It is harder to prove discrimination on race, religion, or gender. Title VII must be proven in court through testimony. IRCA discrimination can be proven through citizenship documentation.
On 1 May Angela posts a letter to Boris offering to sell her caravan to him for £2000. Discuss if and when a contract is formed between them in each of the following alternative situations: (a) Boris receives the letter on 2 May. On 4 May he posts a reply accepting the offer. This reaches Angela on 5 May but on 3 May she had sold the caravan to Celine".
Firearm examiners use a comparison microscope to simultaneously view and compare two cartridge cases or bullets. The microscope magnifies the specimens allowing examiners to see very small marks left on their surfaces during the firing process.
The other relevant provision is that Cassandra's conduct possibly caused her to lose her job. In this case, it is unclear what the conduct was, but the employer indicated that part of the reason why she was terminated is that her injuries were from her own neglect. However, there is no indication that she on the job conduct was poor.
The single economic unit principle and the rejection of the idea of holding parent companies to be accountable for the debts of the subsidiary were criticized but that argument by the court of maintaining separate legal entity is clearly well thought of. Even though the doctrine of separate legal entity is well established.
Thus even though the principle of corporate personality has been well established by the courts, the concurrent application of lifting the veil had created a bit of uncertainty, which has been to a very great extent been resolved and the courts have identified a number of situations under which the veil of incorporation would be lifted.
People are being fed with wrong information all this time and the role of drug lobby groups is of immense significance. In the end, the positives of marijuana could be seen as being on the right side more than anything else. The drawbacks have usually relied on the smoking form which is unapproved by the drug lobby groups in an out and out fashion.
Mr Larry had agreed to marry the girl who was sexually harassed by him. Terminating him would not solve the problem as that would prompt Mr. Larry to take the case to the court and would also ruin the reputation of the company. Being the senior vice president of the company, it would be prudent for him to take steps carefully.
The author of the paper stresses that rather than texting banning laws the authorities should look to better technology the likes of Google’s expanded voice actions for Android, the Dragon Dictation app for iPhone and the MyFord Touch. Reportedly, these technologies conveniently allow drivers to use their mobile phones without touching them.
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The author states that financial fraud may range from simple financial schemes to more highly complex accounting techniques employed specifically to deceive investors that typically might contain intentional misstatements of the true financial condition of the firm. There are several examples of the methods used in financial reporting scandals.
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.
It is not imperative that all the sexual assault cases are genuine and therefore the legal system makes use of various methods to discredit victims’ allegations of sexual assault during the court proceedings. For Lisa Frohmann, many such cases are discredited during the complaint filing stage itself.
This article contains the experience of Frank Hosch, the retired deputy director, during his service to the organization. The article stipulates how the organization came up, the challenges faced by the society before and after setting up the organization and the tremendous changes that the organization has gone through since establishment.
The initial part of the paper reviews what copyright is and what are its characteristics. Later on, the rights of the copyright holders are discussed. The paper also discusses in detail the fair use policy and how this keeps the copyright from strengthening so much so that public interest in accessing copyright work has been infringed.
The section on protection and proper use of company assets stipulate the need to protect the assets of PepsiCo particularly those mentioned therein: technological resources such as computers, voicemail, email, and Internet access, among others. Likewise, company policies, form part of the internal assets of the company specifically those pertaining to issues of discrimination.
The United States government should lead by reducing the production of nuclear power and the application of anti-ballistic missiles. This is to prove to the world that they are serious with the move to reduce and even stop the application of non-conventional weapons. This will not place the countries to deliberately plan striking options of the strategic nuclear as well as chemical and biological war plans.
Fingerprinting is a technique that has been used for many years; modern technology has improved the efficiency and usability of the technique for law enforcement agencies worldwide. The history of the method is important in understanding the future outlook of the technique as digital equipment and powerful online databases become available.
Nanny is one that uses excessive controls restricting citizens’ freedom of choice. Nanny is a criminological theory suggesting that crimes are defined as those that an elite believes to be wrong but which may not have much popular support. It is not based on natural law or on democracy; it is a kind technocratic theory of what is criminal or not.
Prosecutorial misconduct is actually a violation of the code of ethics that all prosecutors are bound to follow while initiating a case activity. Prosecutors hold a responsibility because they are the ones who initiate criminal cases against individuals. They must follow the laws and restrictions posed to them by the jurisdiction of their country.
The major factors that contrtribute to increased or decreased crime rates involve but are not limited to poverty, unemployment, Conformity, Innovation, ritualism, Retreatism, Rebellion, Social Class, Values and Delinquency. The aim of this post is, however, to highlight the effects that unemployment rates have on the crime instances.
An article in the Washington Post even said about the Bahamas that “this island nation finished 2009 with record 87 murders - a statistic (that) tourism officials probably won't be trumpeting” in their ads. Among the causal factors of this situation that is pointed out is the country’s problem with its bail system.
Failure of the United Nations from preventing and stopping the massacre in Burundi and Rwanda, the limited legal authority of the ICC (International Criminal Court) to address the issue of a criminal trial of LRA due to their insurgency over lives of common people in Northern Uganda are two highly crucial examples that need to be remembered.
Identification procedures that are able to provide the missing link in a specific case that would have otherwise faced difficulty in being solved. From a scientific standpoint, those who fight crime have stronger means at their disposal. One of the strongest advancements would be the availability of analysis offered in the study of DNA.
The situation with Alvarez and Jara can provide Alvarez with a defense against the DCS Company based on terms and definitions within the law. The main problem that is in question is whether Alvarez and his company can be held responsible for Jara’s actions. Specifically, the two were working under the joint ownership of a company.
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.
Due process is the fundamental rule that the government must adhere to that forces them to respect every law and right that a person has in accordance with the law as set down by the state. By not adhering to due process, the government risks going against the rights that citizens legally have for themselves to help protect them against the state.
Stare decisis is the principle that forces a judge to abide by the previous decisions as set down by precedents. Statutory law is a law that is set down by the legislative branch. The similarities between these three case terms are that they have to deal with creating laws that are set down for future cases.
On September 25, 1789, the First Congress of the United States proposed to the state legislatures 12 amendments to the Constitution that met arguments most frequently advanced against it. The first two proposed amendments, which concerned the number of constituents for each Representative and the compensation of Congressmen, were not ratified.
The focus here would be on the Laws having utmost relevance in this particular case, and whose provisions could be invoked by Thad, in initiating legal proceedings against Mick and Bobcat. Firstly, Thad could initiate legal action against Mike, according to the aspect of “negligence”, enumerated in the Civil Liability Act 1936 of South Australia.
The problem involves a shrink-wrap agreement, which is defined as an agreement “whose terms are expressed inside a box in which the goods are packaged”. Generally, shrink-wrap agreements are enforceable if the customer fails to object to the terms enclosed with the product as this may constitute tacit acceptance of its terms.
It was something that I needed to read more about as it was a scandal that took place in the business world and it took me longer than usual to understand the gravity of the situation. In my opinion, the government was not expecting too much from the companies in the USA as the event of the Enron scandal had shown this to be very much true.
This paper gives information that based on the facts, the first question that comes to mind is what features would constitute a binding contractual agreement. The features which substantiate a valid offer are mutual and reciprocal intent of the agreement, legality of form, capacity to contract, legality of form, legal purpose etc.
People often use the words ethics and morals interchangeably, but they are distinct. As such, they share certain similarities and differences and are both important to criminal justice.Ethics are theories about right and wrong. Morality is the beliefs and behavior of people with respect to certain rules both written and unwritten.
As it is a very common media and has a wide coverage the indecent broadcasting may easily reach to the children and thus it can adversely influence their behavior. That is why the broadcasting of indecent speech was prohibited by the 1934 act and moreover, the Supreme Court has rendered the FCC the authority to determine.
Even though today’s English term of obligation focuses on the person who is going to perform the obligation, it was not so in the past. The fundamentals of obligation are directed towards the debtor and the creditor. The Roman terminology “obligatio” refers both to (1) the right of the creditor and (2) the duty of the debtor.