Law Essays

Consequentially, EC law has a direct effect which can be horizontal (binding states to individuals) or vertical (binding private parties) (Craig & De Burca, 2008). There are no express provisions in the EC Treaties. EC supremacy can be inferred by an interpretation of various articles contained in the EC Treaty (2008, p. 7). 

ulfilled its responsibility to interpret the meaning and intention of the involved law and the consenting judges in no way resorted to judicial activism. One has to be a non-activist to divest the charges of activism oft levied on the consenting judges in this particular case.

Army surgeon Dr. John Emerson. He traveled with him from camp to camp and spent a length of time living with his master in certain slave free states such as Illinois and Wisconsin. During this time, the slave owner made money off

Different companies in UK and US use different methods or tactics to give offers to the other party. In the contrary, some uses a hostile method other than a peaceful one. A hostile takeover is where a suitor targets a certain industry or company whose

Management is an art whereby desired goals and objectives are reached through planning, staffing and organizing by people who are formally organized. The main aim of management is to achieve goals and objectives (Khan, 172). In

The world is changing at a rapid pace mainly because of the rise in the number of opportunities making individuals move at a rapid pace. Every country is blessed with a number of social and business opportunities but still few countries have more opportunities that make people move to these countries.

According to the provided case scenario, which is based on land law, Hild owns a certain portion of residential accommodation. In this residential accommodation, she allows other individuals to occupy a certain portion of it in return for payment. In this regard, the leasing of accommodation is made in the form of license arrangements.

PharmaCARE’s treatment of Colberia’s indigenous population and its rank-and-file workers is unethical, compared to the treatment of its executives. This is because; it is the moral obligation and duty of PharmaCARE to ensure that Colberia’s indigenous population, as well as its rank-and-file workers, are treated inhumanely and have more decent living and working conditions, which are similar to those of the company’s executives.

Marriage is a created relationship deep into the hearts of the husband and wife. This relationship can grow to higher levels, it can go down to lower levels, or can remain on an elemental basis. For a marriage to stripe or flourish, the relationship must be built on love, humbleness, understanding, and many other good gifts.

As part of the recommendation, there is a need for the court to decline all requests targeting to adduce expert evidence. This should be done on scenarios where the probative value of the request is outweighed by the danger that it might mislead or create possible confusion on the judge decision (Forensic Science Society, 2009).

The article uses the elements of promotion, networking and support system, and career aspirations to expound on its research problem. Holland closes the discussion with

In reference to the case involving Denis, Raj and Fred, I would advise Raj to take up legal action and sue Sarah on an ethical basis. Having a good three years excellent work record is evidence enough that Raj should be pardoned for being late. Sarah does not have enough legal proof that Raj was in the wrong leading him to lose his job.

A watchman, Newt Lee, found the corpse in the basement of the company and alerted the police. As one of the prime suspects, Newt Lee was taken in for interrogation. However, the coroner’s reports indicated that there had been trials to assault the girl sexually and thus the prime suspect was Frank Leo. Frank Leo was regarded as a sex addict.

Obiter dictum constitutes issues said by the presiding judge. They do not form part of what another judge can follow in future. An example of obiter dicta could be the decision of the judge if the facts turn out as different from the previous case. In this context, the old facts cannot bind the new judge while reaching his conclusion.

Recognition of equal rights has led to the acknowledgement of Russian judicial framework as one of the most efficient systems by Western specialists (Smith, 2006). It started its mandate in 1991, and it is a

The author states that each gene with DNA specification is designed to carry out various tasks of controlling the genetic traits of our cells. The genetic factor is a vast molecule made by linking a series of repeating units termed as nucleotides. A nucleotide has sugar phosphorus and a nitrogen called base.

Despite lucrative offers available in Qatar for foreign investments, the regulation of foreign capital requires that 51% of the capital belongs to the Qatari citizens. The foreign investment law that invites and protects the foreign

Legal positivism supports the belief that the only accepted sources of law are guidelines, and rules written down and enforced by a sovereign body such as the government2. One of the biggest contributors is Martha Fineman,

Ferguson (1896) 1). Given that segregation was widely accepted at the time, the Supreme Court utilised ‘Stare Decisis’ when determining the case. The case of Plessy v.

The concept facilitates the establishment of more organizations beyond sole state boundaries. The model of FET is essential in the resolution of the international investments disputes; it helped in resolving the disputes that involved the Glamis, Electrabel, Metalclad, and the Arif cases. The companies were able to achieve their compensations.

Generally speaking, in the case of Blackpool and Fylde Aeroclub v Blackpool BC (1990) damages were awarded for a breach by an undertaking when they did not consider all the conforming tenders. In this case, the tender arrived on time but lay in the letterbox, therefore it was deemed to be a valid offer.

The author states that one of the first requirements in order to a valid contract to exist is that there must be an offer and an acceptance of that offer. An invitation to treat, as in an advertisement, is different from an offer in the sense that it does not bind the one making the offer.

Effective legal frameworks are yet to come of age, especially for the web. Ethical issues intermingle in the ensuing debate, and the

The marriage institution is a very important institution in society. It is this institution that brings forth a family. A family is the building block of a society. It also provides a secure haven for children to grow up and learn appropriate social skills. Needless to say, is that children who are brought up by single parents lack the love of both parents.

Available literature indicates that countries with the indigenous population have entrenched special clauses or chapters in their constitution, which deal with the rights of these people. These are attempts aimed at recognizing the rights of this group on the principle of equality and consent. Various political developments in Australia in the recent past have addressed the needs of the indigenous community.

One criminological theory that applies to a teenage boy who cannot find acceptable ways to live the life he desires and thus chooses crime to satisfy his desires is the deterrence and rational choice theory. This theory states that human beings are rational and so a crime is committed; as a result, human behavior is aimed at achieving the offenders’ societal needs like status, money, or sex.

In the first case, I will tell the attorney the legal consequences that both of us can face for hiding a weapon. I will inform the attorney that even if we return the package to the defendant we can face the charges of felony. After

In Capgemini India Private Ltd v Krishnan (2014 EWHC 1092 QBD), the English High Court recently decided that the activities of former staff were subject to a contract they had signed, as a result of the expiry of their employment contract. Like Angela, the employees sought to disregard restrictive terms they had signed with their employer

The fire department put off the fire and found two jugs with flammable liquid (Arnold et al, 1984). The fire chief arrived at the scene and checked the evidence before calling a police investigator to conduct

A maritime lien refers to a secured claim against a sea vessel for a service done to it or damage done by the vessel or a maritime lien can also refer to “a non-possessory right to property in a vessel” (Raia, 2010). That notwithstanding, in civil and common law the term has also been defined as a maritime privilege. 

The author of the essay states that the goal of the whole venture is to prevent any damage from happening and curtailing any adverse effects. The direct participants in ensuring security and emergence response, and the community hosting the event should be prepared for any emergency situation.

Preventing crime is more favored than fighting crime, by significant demographics like women and the Democrats. Crime prevention explains proactive social policies that address crime in areas of; education, anti-gang initiatives, and healthcare. The media sources also have a great influence on public policy in the areas of crime.

The main difference that makes this kind of contract more favorable than the forward contracts is that there are standardized prices upon which the parties can agree. In the forward contract, the parties are at liberty to set any price as long as both of them are satisfied with the conclusions that they come to. 

In a statement made a few weeks ago, Commissioner Batts mentioned that he was going to implement changes in his department in order to curb the injustices perpetrated by the police department

The issue of offender programs and their effectiveness has been contentious for a long time. This paper will seek to asses the need for offender programs and treatments before release. The main focus will be on The Alabama Department of Corrections.

Once a working definition of “rehabilitation” is agreed upon, the task of the analysis becomes almost impossible, again, in trying to agree upon what “contemporary penal policy” really is. Over the course of this paper, these two issues will be addressed, though never completely resolved.

The enactment of the Technical and Miscellaneous Revenue Act of 1988 further made changes to Section 338 and added Section 338, which limited the foreign tax credit consequences which would otherwise result from a Section 338 election, stating that Section 338 does not apply for purposes of determining the source or character of any item in Sections 901 and 908 of the Code.

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. 

From the research "Laws And The Catholic Church" it is clear that immigration religion and politics have interrelated especially with the rise of civilization. These two aspects are closely related and there are usually instances where they have to interact due to the many aspects that are related to governance and other general life issues.

The researcher of this essay aims to compare and contrast the roles and the functions in legal profession In Britain and Commonwealth Courts. To further understand this topic this study investigates that being a solicitor or barrister in the UK requires different and specific traditions, customs, and training.

Police Officer Danny Reynolds, who works for the Indianapolis Metropolitan upon seeing a vehicle with a damaged headlight, approached the car to speak to the driver, Washington. Upon reaching the vehicle the officer inquired whether there were any weapons present onboard. Washington admitted to having a handgun, which was located under the driver’s seat.

According to the research findings, discrimination is a problem for the criminal justice system because it injects the sense of class and race inequality in the minds of the citizens. Discrimination shatters the foundations of the criminal justice system of a country. The disparity, on the other hand, does not harm the criminal justice system. The reason is that disparity is based on the group differences.

 Owing to some ongoing misconduct that my colleagues and I have been practicing at my workplace, it is with deep regret that I inform you that I was found guilty of multiple corruption cases. My entire Swat Team has been embezzling funds from duties assigned to us. We have also been asking for extra funding where it was not due in order to carry the activities of the organization. 

The organizational management of policing organizations is different from the regular management structures we see in multinational companies. In policing organizations, the role of leadership is more important as the leader serves both directive and emotional roles. Loyalty and trust have different meanings in policing organizations because of the nature of policing jobs.

According to a recent court filing, Samsung asked the jurisdiction in Korea to include the iPhone 5 in the countersuit claim. The creator of the iPhone held a courtroom proceeding over the Korea-based company, which resulted in $1.05 billion. However, the current case regarding Samsung and Apple is based on an entirely different legal fiasco

The court interpretation service is an art whereby individuals who do not understand the language of the Court and those who cannot speak the language of the court, are provided interpreters by the Courts who interpret the language of the accused and the defendant to come to the bottom of the case.

There are various factors that will attract an investor; these factors may include tax exemption, specialized economic zones, preferential tariffs, political stability and infrastructural subsidies, and many more. On the other hand, there could also be some barriers to this foreign investment which may include protection of local investors and political instability.

The author states that simply agreeing to pay is of course not sufficient in order to undo any past wrongdoing. One can understand this by a situation in which an individual would steal something from their employer only to go to the employer at a later time and say that they will pay it back.

h instability, it should also be recognized that if there is one core commonality between almost all Muslim Middle Eastern countries, it is with respect to the fact that Islamic law is practiced in one form or the other in almost all of them. This particular commonality helps to

Today, divorce or the dissolution of marriages has become a common trend in society. The reasons are manifold, and coming to a decision to dissolve a marriage or obtain a divorce is both legally complicated and emotionally trying. Most of the time, divorce takes place because of marital problems that could have been solved but the parties to the marriage did not have the skills to solve the problems.