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Having been named as the beneficiary, Christopher shall be entitled to all the benefits mentioned in the will, subject to a condition precedent expressed by his father, that he can get hold of his inheritance only if he is employed on his own, because his father wanted to ensure he can be worthy of all the valuable properties that he will inherit.
The three strikes laws mandate that habitual offenders should be meted with higher punishments compared to first-time offenders. In applying this rule to offenders, the three strikes laws significantly increase the prison term of people who have been previously convicted of other forms of offenses.
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JUSTICE ROBERTS announced the judgment of the Court and delivered an opinion in which JUSTICE THOMAS, JUSTICE ALITO, JUSTICE KENNEDY, and JUSTICE SCALIA join. This case is heard on an appeal from the Ninth Circuit Court of Appeals. This case arises out of the review of text messages sent and received by Sergeant Jeff Quon (“Appellant”) of the City of Ontario's SWAT team.
International Convention on the Elimination of All Forms of Racial Discrimination, which the UK ratified on 7 March 1969 and should have protected Gabrielle from a comparatively lower pay from her employers, and; the International Covenant on Economic, Social and Cultural Rights, which it ratified on 20 May 1976.
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The Grolier encyclopedia says that according to Locke, men living together according to reason without a common superior on earth, with authority to judge between them, is properly the state of Nature. But force, or a declared design of force upon the person of another, where there is no common superior on earth to appeal to for relief, is the state of war.
The United Kingdom currently has a penal system where sexual offenders are jailed for varying periods based on the offences provided for in legislation. There is provision for registration of offenders under the same Act.
The following are the different aspects of learning property law: Equity law is the branch of the English law which has been developed many years ago because people in lawsuits would complain to the king about the very callous rules of the common law which were in the way of truly achieving justice.
The problem of dealing with terrorist attacks and arriving at a resolution to the problem is a complex one, because terrorists operate in isolated, individual “cells” where there is no network or chain of command; rather individual groups of terrorists work together, so that it is difficult to assert any measures of effective control over them.
The author states that the main responsibility for fraud and error prevention and detection lies squarely with the business entity’s management and those who are “charged with the governance” of the business entity. They have the authority and the responsibility to ensure the orderly conduct of the company’s business.
The issues to be considered, in respect of the losses caused to Simon are; whether the BBL Company is liable for breach of contract, under the provisions of the contract law, whether BBL can invoke the doctrine of Frustration as a defense for non –performance of his part of the contract, and whether any remedies are available to Simon against the BBL Company.
A great interest to shared residence in the UK is explained by desire of justice system to serve for the sake of child’s interests. After divorce the child looses contact with one of his parents without strong background. Court system should be directed not on aggravation of family problems, but on resolving them.
1 pages (250 words)
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Black people and women should be offered equivalent justice by providing them with adequate employment and education opportunities. Aristotle’s’ parochialism has become rather notorious today. Actually, the word justice was originated from the Greek word ‘polis’ which has greatly been altered from its real sense.
A prominent figure in the history of law enforcement and policing is Sir Robert Peel whose contributions in terms on nine principles of policing are relevant and applicable until contemporary times. The objective, therefore, of the essay is to proffer Sir Robert Peel’s position on policing, as related to the diverse needs of the population.
In order to pursue this dream of mine, I have decided that I would study law in any of these three universities: the University of Miami, Nova Southeastern University in Miami or Barry University in Miami. All of these universities provide an enhancing opportunity for future perspectives in making a successful career in the field of law.
The basis of human rights rests on equal dignity and rights given to all members of the human family and paves the way to peace and justice among humankind. The implementation of human rights as an international good is in the view of the basic good of the people, bringing the rights of existence to them and instilling in them the equality of rights.
However, there has always been a sense of dissatisfaction towards the legal system because it is considered by many that Laws limit a man’s activities by imposing certain restrictions on him. Every government supports and enforces a code of morality and that is the reason for its very existence.
The paper shows that this is not simple in the English system of governance. At many points, the Community law and the constitutional law of the UK are incompatible. The doctrine of Parliamentary sovereignty does not allow such a provision to be applicable in the UK constitution system. (Furmston, Kerridge and Sufrin. pp 41. 1983)
The plaintiff wanted to purchase some glue. The glue was stored in the seller’s warehouse in barrels. Every facility was given to the plaintiff for its inspection but he did not avail it. Later the glue was found to be defective which would have been found out if the plaintiff had inspected the contents of barrels.
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Insurance services are offered by insurance companies commonly known as carriers or employer self-insurance. Employers with less than four employees are exempt from workmen compensation and so is the case for domestic servants. Workers are entitled to benefits only if the accident or death arises in the course of employment.
The above-mentioned statement which was made at an international conference on transnational crime shows the extent and scope of the inglorious trade and its gross disregard for women’s rights.
The author states that in September 1999, in the New State Jersey Prison, all the death row inmates had been moved to the recreational pen so that their cells could be fumigated. This was supposed to a brief and silent stay but it turned into one of the most brutal fights in the state history.
The reliability of EC law is made certain by its supremacy over national law and this is the fundamental value of EC law when developed by means of the European Court of Justice. The courts started to accept the idea of supremacy and began to make a decision such cases as Costa v ENEL in a very Community optimistic way.
As well, understanding the concept of the economics of crime and how the death penalty works in relation to this theory allows for a better understanding of the effectiveness of this deterrent. How the death penalty is used is also a question that must be raised in order to examine the effectiveness of this penalty.
Especially for crimes of a more harsh degree, such as murder or rape, juvenile offenders should be punished as adults to keep them off of the streets; cases like these take longer time in which to rehabilitate the teenager, making it more likely for them to commit the same crime in the future. To avoid further criminal acts, and as the best way to rehabilitate, juvenile offenders should be tried as adults.
Section 10 of the Rule has specifically documented and conserved the common law act, offering security to unregistered trade symbols set up by common commercial exploit. Misrepresenting unintentionally is also a sufficient ground to draw liability. The criterion for proving misrepresentation is the confusion created by the customer.
Canada needs to take the diverse cultures and backgrounds of its prison population into context when sentencing and must understand that there are a variety of factors that influence criminality. It would not make sense to continue along the path of the United States and Canada must revisit its correctional justice system.
The funds would simply be divided among those remaining at the time the trust is terminated. In this regard, the funds can be taken by Joey who is Christa’s next-of-kin. The fact is it was held in Cunnack v Edwards that when trust property is abandoned, it does not become subject to bona vacantia, it becomes the subject of a resulting trust.
As the report declares the High Court quashed the claims made by R and mentioned that the decision taken by the governing body of JFS was not erroneous. Hence, R challenged the judgment in Court of Appeal and mentioned that the Section 1(1) (a) of Race Relations Act 1976 was also not satisfied by the decision made by the governing body of JFS.
A legally binding employment contract, with both, expressed and implied terms, will allow the employer to specify the duties and responsibilities that are expected from the employee or are assigned to him and to litigate any legal risks. This paper finds that implied terms play a vital role in the formation of terms and conditions that are applicable to the employment contract.
No one ever speaks of marriage in the same context: as a woman essentially selling herself for life to another human being—sexual relations included, a profound “duty” in the marriage relationship. Attitudes toward prostitutes and prostitution are in my view hypocritical, unrealistic, and a pure product of America’s moralistic and puritanical past. It should be legalized.
Applying "precedents" which is past solutions is an ordinary method, in business as well as in all common law legal arrangements. Some decisions taken in cases become binding. Sometimes Judges' decisions tie-down later courts of equal or higher rank, in case the material facts of the case are the same. English judge, Baron Parke, enunciated this theory of binding stare decisis, in 1833.
According to the report the validity of a contract is affected by many factors including the legality of its subject and the reasonableness of the clauses included in the agreement. As counsel for Motor Parts, my task is to explain to my client the provisions of the contract, legal basis of the claims against it as well as the legal defenses available to it.
Beirne & South, (2007) have defined Green Criminology as the study of those harms against humanity, against the environment (including space) and against non-human animals committed by both powerful institutions and ordinary people. Moreover White (2008) defined green or environmental criminology as the study of environmental harm, environmental laws and environmental regulation by criminologists.
Delinquent and criminal behavior among juveniles, on their journey toward adulthood in this post-modern world, is the cardinal issue that this paper addresses. It presents some basic problem behaviors that contribute to delinquency and criminality. The paper also gives a description of the problem syndrome underlying this particular phenomenon.
At the franchise location covered by the agreement, in addition to negotiating real estate sales and purchases for clients, appellant also maintained an escrow department which represented to the public at large that it was operating under a Century 22 franchise. Appellant charged its sellers and buyer separate and distinct fees for escrow services from fees collected on sales commissions.
Child Z appears to fit Piaget’s pre-operational stage of cognitive development where the development of speech is the most significant milestone. She was quite vocal and articulate, greeting the other children with a Hello everyone! Child Z is from an Asian background but she approached other English children to ask, “you play with pets?
6 pages (1997 words)
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The last years have seen a prototype transfer whereby intellectual assets such as IP, and organizational capacities are considered as essential to business operation and economic expansion. A rising share of the market value of firms seems to come from their intellectual assets, and firms are running dynamically to key out extra ways of drawing out value.
Statistics indicate that more than half of gay men and nearly half of lesbians genuinely want to have a child (Maxwell, 54), though many of them are limited to this due to their same-sex relationships. For those who might argue that homosexual households cannot provide adequate support, research indicates that same-sex couples.
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This report is a discussion about identity theft. First of all, an introduction has been given which gives a better understanding of the topic. Common ID theft crimes and security issues are discussed. Some important laws have been discussed to have a clear view of what steps have been taken to ensure the e-consumers’ identity protection.
These precautions would have been sufficient for the public at large who used the pavement, but the claimant was special, in that he was blind. While walking to his work along the pavement, as usual, he had a fall because he tripped over the end of the hammer lying on the pavement. Normal people would have seen the danger.
In order to discuss John’s criminal liability in the given case study, it is imperative to begin by explaining the meaning of criminal law. According to the online HG.org worldwide directories, “criminal law which is often called penal law, involves prosecution by the government of a person for an act that has been classified as a crime.”
The constructive trust can be established if it is found that any person has obtained the property, after committing the murder of the genuine property owner. If the murder has been intentionally or wrongfully committed then the said property could be decreed to the trust. Although many states in America do not allow the murderer to retain the property of the victim.
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In response to the terrorist attacks on the US, the United Kingdom Government reacted to the events of 11 September in two ways. Firstly, the Anti-terrorism, Crime and Security Act 2001 was enacted. Secondly, the Human Rights Act 1998 (Designated Derogation) Order 2001 (SI 2001/3644) ("the Derogation Order") was passed.
This court handles cases that come from the High Court and Crown Court in the form of appeals. Under the Court of Appeal is the High Court which has different divisions. The last layer of the justice system has the Crown court, County court, Magistrate court, and Tribunals. Below is a chart explaining the hierarchy and line of work of different courts.
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The experts perceive that the improvements in the factors like that of the communication process and information technology have been instrumental in changing the world fast. The terms and the tricks of the business and finance are experiencing paradigm shifts. The influential factors like globalisation also have been too important in the present era of today.
It is needed to provide restitution to the aggrieved party whose material losses may have been caused by the willful negligence or conduct of the defendant. On the one hand, although it is incumbent for the courts to provide justice to the aggrieved and retribution to the wrongdoers. Though, it is always necessary that courts take cognizance of the fact that all injuries really do not give rise to compensation.
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Under the Employment Relations Act 1999, Unions have an Obligatory stand in Britain. The employers and the Unions have full right to come to voluntary agreements. However, the Central Arbitration Committee has the power to enforce actions relative to the bargaining of an hour of work, wages or holidays.
According to the report dissimilarity of legal systems of two countries makes it difficult to resolve disputes. In spite of several works of international agencies, unification of laws of different countries is yet to be achieved. Alternative dispute resolution methods are resorted to for commercial disputes between parties belonging to different countries.
Solicitors are the larger part of the population in the UK with 71,000 in number and barristers practicing at Bar with 7,000 in number. Both professions have their own governing bodies named General Council of Bar (Barrister) and Law Society (Solicitors) (Bowles, 1994). In the next section definitions of Barrister and Solicitor will be briefed with their line of work.
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The legal profession in the United Kingdom is flourishing except for one internal lacuna. The legal profession in the U.K. is divided into two branches of solicitors and barristers. The division happened sometime in the first half of the sixteenth century when the practice of “calling” a law student to the Bar of an Inn was established in 1547.