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Article 45 s(2) of the Treaty on the Functioning of the EU provides that the freedom of movement of workers granted to EU citizens under the said law entails the elimination of discrimination on the basis of nationality that can render the purpose of the said freedom, which is mobility within the Union, defeated.
As for the application of the Act, if the firm is small the act applies to both, customers as well as existing and former employees. If information is collected from employees they must be informed of the use that the information is going to be put to and provide them with the right to access such information and correct it in the future.
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Under English law, the presumption of a community of ownership does not exist. This is true even with respect to couples who are married and have shared together a long, stable life. The law takes an objective perspective of property relations such that even if married couples lived together in a property owned by one of them prior to the marriage.
In the history of the US, inmates initially had no legal rights. One such right that was denied to them was the right to humane conditions of confinement. This was the case despite the fact these rights could be enforced by the judiciary. This had great impacts on the lives of the prisoners. Inmates were referred to as slaves of the state.
Current United States’ defense policy is effective to address some of the issues because it’s effective policies, political support, military forces and international relations. Through military operations, international discussions, economic policies the United States justified its role in the Cold War, Gulf War and the Palestine issue.
After thoroughly analyzing the case, I would say that the contract between McDougal and Krunch was an implied contract. It is because a promise to pay was implied by McDougal by waving at Krunch instead of saying anything to him. Sturo (2006) asserts, “Implied contracts are those that are not written down, but perfectly understood”.
The author assumes that everyone knows about the chain gang history. He has used this history to highlight his opinion on the irrelevance and ineffectiveness of the use of chain gangs. The overall purpose of the article is to open people’s eyes to the whole issue of the controversial chain gangs.
A sinister example of cultural specificity in human rights practices is given by the Taliban in Afghanistan where women have been stoned to death for adultery and, even by milder standards, are not allowed to leave home unescorted by a male relative. They are also refused access to public educational facilities (Franck, 2001).
The term ‘precedent’ or “stare decisis" is seen in the context of established judicial decisions. The fundamental aspect of precedent is that Judges need to try cases on the strength of earlier decisions made. As a matter of practice, judges in lower courts need to observe the established precedents set by higher courts, and this establishes the hierarchy of decision-making.
Taking proper measures for crime reduction is extremely important for the safety and security of the public. It is one of the main goals of crime prevention strategies to reduce or remove the opportunities of crimes for the criminals, and this goal can be achieved by taking appropriate security measures.
With regard to Real Estate, specific laws would be as diverse as they would be detailed. In light of the different types of real estate present, both commercial as well as privately owned, the laws present to govern the practices surrounding either type, would be uniquely formatted to fit within the constraints of the type of real estate being considered.
Business enterprises face a myriad of challenges in the environment in which they operate. Without business law, most businesses would find it extremely difficult to conduct their affairs as required. The laws that govern business operations include property law, the law of torts, the law of contract, criminal law, anti-trust law, competition law, labour laws, employment laws and business organization
It is pertinent to make sure that all peoples employed with the establishment are familiar with applicable laws and are able to make prudent decisions when doing business with customers. This practice will help prevent potential problems that may arise due to specific store policies and what to do when customers insist on returning store items.
It is a severe punishment inflicted upon a person after committing a capital crime or offense. The drug traffickers, murderers, rapists, and violent robbers are considered capital offenders. Electrocutions, hangings, shootings and injecting lethal chemicals to kill capital offenders are some of the ways under which executions occur.
The author states that the role of the judiciary is quite different from the other too and it is involved to oversee if everything is within the legal purview and if not it might ask the concerned parties to act in a particular way so that the legislation can be followed in the true and best spirit.
In fact, the preference for the White-skinned population is found to be relatively high in the job market as well, where they are prioritized compared to the non-White or the non-European groups of immigrants. In fact, the wages earned by the latter is found to be lower than the former as well in some cases.
According to the research findings, it can, therefore, be said that in case of Barbados Trust Co. (BTC) v. Bank of Zambia (BoZ), one of the earlier assignments made by the creditor was to Barclays Bank, and through a series of other assignments, it finally reached Barbados Trust Company, (BTC), a non-banking Company.
Aboriginal people as British settlers considered the indigenous people of Australia as an inferior and primitive human beings. Some two hundred years later the Federal Government did make attempts to restore the dignity of the Aboriginal people. This Government acknowledged their identity and gave them the opportunity and the right to decide their own future.
There are many ways to reduce crime. There are three major or most effective steps to take to reduce crime: first is through competent law enforcement; second is public support for identifying and attacking the core roots of crime; and third is paying attention to architecture, such as an arrangement of neighborhoods, cities, and other buildings.
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Gun violence remains a serious national problem more so among juveniles and adolescents in America (Promising Strategies to Reduce Gun Violence, n.d.). Our concern with guns is that the firearm homicide rate for children under 15 years of age is 16 times higher in the United States than in 25 other industrialized countries combined.
The author states that public sentiment has been consequential in the government’s dependence on incarceration. Hence, in order to move ahead in enforcing the public policy of protecting the families of those incarcerated, a three-pronged strategy has to be adopted. The first step will be to create public awareness.
The press release dated April 9, 2010, stated that, subsequent to a raid on an apartment based at Parkchester, and which led to the arrest of the above-mentioned persons, heroin worth $1 million was confiscated. The raid was conducted by Special Narcotics Prosecutor’s Office and the Bronx Narcotics Major Case Squad of the New York Police Department.
Criminal punishment may take various forms depending on the offense and jurisdiction in which a case is heard. Some punishments that have been applied to convicts include execution, imprisonment, fining, and being subjected to government supervision. Some of the punishments have in the past proved to be unacceptably cruel and unusual.
An American woman went to an interview hoping that she would be accepted to work in the company, but she got rejected because a Mexican person accepted a lower salary than her. This situation happens to some American workers and also legal immigrants who come from around the world to the United States looking for better education and a better life.
For one, minors are not yet mature to face the consequences of their actions since to a much higher degree the result of their actions were influenced also by society itself. Popular culture can project mixed messages to children about racism and violence which can be perceived as a right by minors.
Tort law can be described as a civil wrong not arising from a contract and one should owe due consideration to one’s neighbor (Capiro Industries vs. Dickman 1990). Basically, tort law is a body of rights, obligations, and remedies applied by courts in civil proceedings to provide relief from persons who have suffered harm from the wrongful acts of others.
The reaction of “secularizingIslam” has not always been a pretty sight. Just last year the Archbishop of Canterbury was fiercely scrutinized by the Government and the political circle, his own Church and other religions after he supported the adoption of a few ‘shariah’ laws in the British system.
In the United States, comparatively the rate of the death penalty is not that high, however, such executions are still found at thousands of places from the earlier times. The 1950s was observed as the better years while1970s was recorded with almost zero execution of death penalties. Death penalties in previous times were charged for the theft, sedition, and killing, etc.
The thesis begins by defining the concept of domestic violence to show its scope is not limited to physical and sexual assault. The background of the problem is discussed as well as the causes and consequences associated with it. The role of law enforcement authorities is also elaborated and the laws enacted to protect victims and punish offenders.
A particular disadvantage have been the undocumented minor children who are brought to the US accompanying adult members of their families. These children are facing laws that deny them the full right to higher education in colleges. In some states, where the law permits them to seek admission, they are discriminated by denial of in-state tuition support fee structure.
The author states that the world of college sports is filled with the drama of recruiting players, coaches, and investing funds in athletics. Some universities literally rely on their athletic programs to build their reputation. Hence, it only seems logical that some universities push limits to protect their athletes in any manner possible.
Law in society is best understood as an endeavor – a living institution performing social tasks. The legal order is more than a system of norms or rules. It is also a set of agencies responding to social needs, pressures, and aspirations. In most human interaction, people have to accept the risk that others will not do what is expected of them
The author states that under the previous Equality Act, some important provisions which deal with discrimination by an employer on the grounds of employees’ work status as a part-time worker, fixed-term employee, agency worker or your union membership was not clear. The provision does not form anything like a coherent code.
The author of the text stresses that researchers from the Pew Hispanic Center estimate there are now 11.5 to 12 million unauthorized immigrants in the U.S. It is also stated that illegal immigration reform was limited to two basic methodologies deterring illegal immigrants, namely US borders control and elimination of job prospects available for illegal immigrants.
After the holding, the reasoning is always presented according to (Jmls, nd). This is where the court’s explanations and support a decision are included. It also includes the rule of law that the court applied and the rules the court rejected to reach its decision. The reasoning is sometimes referred to as the ‘heart’ of the case brief.
This paper gives information that drug use has been attributed to a plethora of social and economic troubles. It has been the culprit for families being torn apart due to the lack of regard that drug-users show to their loved ones. The felonies that have been committed by people under the influence led to some of the most heinous crimes.
The Constitution, which had replaced the Articles of Confederation, details the rights and privileges that the people of the United States are entitled within the restraint of the law and are still in use today as much as they had ever been, with the first ten articles being known as the Bill of Rights.
In examining whether or not criminal charges can be brought against the editor of Grayton Gazette for the publication of such material, the most important aspect to be considered is that Billy is awaiting trial, hence the matter is sub judice and publication of materials such as newspapers that have wide access to members of the public could compromise the course of justice.
According to the test, “A master is not responsible for a wrongful act done by his servant unless it is done in the course of employment. It is deemed to be so done if it is either (a) a wrongful act authorized by the master, or (b) a wrongful and an unauthorized mode of doing some act authorized by the master” (cited Steele 2007 575).
In the case of Daulia Ltd. v Four Millbank Nominees Ltd, this same nature of unilateral contracts was extensively discussed and formed the crux of the decision against the plaintiff. The Court declared: “The true view of a unilateral contract must in general be that the offeror is entitled to require full performance of the condition…”
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According to the paper, accounting is the art of recording and analyzing financial transactions. Simply put, accounting is a field that involves financial operations which record information about the financial status of a company. Accounting provides a lucid financial picture of a company and enables the accountants to formulate well-versed decisions.
The notion of proportional liability is alien to the common law, and on the establishment of contributory negligence, the plaintiff’s claim is set aside in its totality. This permits a negligent defendant to rely upon a comparatively minor piece of carelessness on the part of the plaintiff, to evade liability for his much more serious negligent behavior.
Under this program the job positions that remain unfilled by the Americans can be offered to the immigrants who have valid work permit. The system required the employers, contributing to the guest worker program, to register the non-American employees hired, such that the government could maintain a record.
In relation to the identification process it will be necessary to discuss how this should have been conducted. Since Alan could only see the height and the eyes of the person involved in the robbery it could be argued that all those in the line-up should be made to speak, as Alan might be able to recognize the voice of the accused.
“An obligation is a juridical necessity to give, to do or not to do.” This is according to the Civil Code, Articles 1156 to 1304. An obligation is a responsibility of achieving terms of the contract legally. It is a necessity to give or to render something in accordance with the law. It is a legal agreement or a promise which one is required to follow.
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The exploratory research is applied and to know the behavior of any situation, individual or group, descriptive research is more viable. This report deals with the research methodology of an article named “Blowing The Whistle on Police Violence” written by Louise Westmarland which was published in the British Journal of Criminology in 2001.
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In order to file a case against the appeal to be filed by Debbie Evans and others, and to evaluate the opponent’s chances of success in this endeavor, the bigamy laws of Utah and other relevant legislation, as well as the decided case law, have to be examined. Debbie Evans wanted to marry a married man Aaron.
Koffman & McDonald define a contract as, “a legally enforceable agreement giving rise to obligations for parties involved.” Whenever two different parties enter into an agreement that becomes the contract, there would be binding terms of the contract that would make them keep their obligation to meet the agreed terms and conditions.
Generally, commercialization has spread all over the world and the greedy drug manufacturing companies don’t have much respect for the importance of human life. Drug manufacturing companies market their products without proper evaluation about the consequences of it and the people are suffering from it.
The injury that has been caused by the local boy is clearly foreseeable. On the facts, it is possible to construe that Sunshine Beach Holiday Park Owners had not placed a warning and so they clearly cannot rely on that. The age of the boy would be of the essence when the rights and liabilities are considered.