Our website is a unique platform where students can share their papers in a matter of giving an example of the work to be done. If you find papers
matching your topic, you may use them only as an example of work. This is 100% legal. You may not submit downloaded papers as your own, that is cheating. Also you
should remember, that this work was alredy submitted once by a student who originally wrote it.
‘The substantial rank of a rule of international law is complicated by the very special nature of objective –subjective content of the rule’ In terms of subjectivity those who gain are the constituencies of states. In terms of objectivity, it is not just the question of the enjoyment and exercise by individuals or groups of political, civil rights.
Rather, the words used most probably impose upon him no more than an honourable obligation. As explained by Norse J. in Re Cleaver, this difference determines whether or not a valid trust is created or not. If the words used impose an honourable duty there is no valid trust capable of enforcement.
Preview sample
sponsored ads
Hire a pro to write a paper under your requirements!
Win a special DISCOUNT!
Put in your e-mail and click the button with your lucky finger
The court can reach the opinion that the term is an implied term from the conduct of the parties. In this way, a contract can be deemed to be valid even though there has been no express agreement between the parties. Generally, most terms of a contract are express terms which means that the terms have been agreed by both parties.
The European Union has steadily pressed the human rights subject to the forefront of its dealings with other nations and states. All accords on trade or collaboration with other countries enclose a section specifying that human rights are an indispensable part of the dealings between the parties. At present, there are more than 120 such agreements.
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.
Offer and acceptance are terms used to determine whether or not an agreement was made. Once it is determined that an agreement was made, the courts in a contract dispute will look to see if there was a consideration. This is the background against which Kelly’s legal obligations in respect of Britney, John, and Sarah will be determined.
A State that is not recognized cannot claim sovereign immunity, and in recognizing Governments, the executive and judiciary speak in one voice and do not contradict each other. Knowledge of existing statehood must be capable of being proved with admissible evidence if a State is to have the locus standing to file suit in an English Court.
The author states that Clark initiated a successful coach operating business from a depot in south east London. However, later it was operating about 20 coaches from that depot. But by the end of the decade the fleet had doubled and it was becoming difficult to manage properly the maintenance, servicing and cleaning of these coaches.
The present legislation does little to assist with the problem and imprisonment seems to be an extreme response in some cases. Where the transmission is intentional imprisonment is justified and should continue. However, where the transmission is reckless or unintentional alternative forms of punishment should be available. This can only be done by finding alternative ways to placate those who have been infected by the accused.
There are several similarities between full secret trust and half secret trust in terms of advantages over wills, information relating to the terms of the contract to the legatee, communication process and legally binding nature of trust. There exists a slight distinction between them in disclosing the nature and extent.
The examination of the provisions of the Equal Pay Act can lead to the conclusion that women in British enterprises are rather unprotected regarding their right for equal pay for equivalent work compared to their male colleagues. In fact, it has been proved that employers can present a series of claims in order to defend himself in case of a claim based on the provisions of the Equal Pay Act 1970.
The author states that in cases where there is a disclosure of information to a third party outside Canada for processing, the Canadian organization in question must have permission or consent to do so. It is necessary to ensure that every organization’s foreign organization follows the same requirements that would apply for Canadian operations.
The Health Act 2006 gives a definitive list of all those places that are covered by the No Smoking Ban and describes in detail the definition of public places so as to give clarity to all persons that the Act applies to. Penalties for anyone in breach of the new regulation are in the form of fixed penalties notices.
The reason the United States gets immigration wrong is the mixed messages it sends to the immigrant. Cultural, laws, and misconceptions make immigration confusing, not only to the immigrants, but to the INES, Border Patrol, and ordinary American citizens. Simpler laws that send a clear expectation of what the United States wants from the immigrant could solve many of these issues.
There are two key developments that impact the operation and application of Article 234. These developments are the concept of “acte clair” and the EC J's ruling in Foglia v Novello. The following discussion examines these developments in the context of Jane’s particular problem and explains why it is not possible for Jane’s case.
The author states that the need for environmental restrictions on the way trade takes place and the way international bodies enter into agreements is certainly there. However, this need is based on environment, ethical and moral factors rather than political, legal or economic factors.
The author states that the persons who run the parties and offer advice and support are called its leaders. They assist in the right functioning of the parties and in implementing the broad goals and objectives of the political parties. In a democratic setup, the ruling parties table the motion for the passing of different legislations.
In contracts involving specific performance, the rule to be applied is one of objective view, and the conduct which signifies assent. In certain cases, it may appear as though, one of the parties may not have really intended to be bound, by the terms of the contract, but has unwittingly given an offer of agreement.
But occasionally have important things to say about actors in the criminal justice system, such as police, attorneys, correctional personnel and victims. Disorganization basically refers to the failure of social institutions or social organizations (e.g. schools, business, policing, real estate, group networking) in certain communities.
The role of Law Enforcement Agencies concerning crime and justice, such as police, probation officer, defense attorney, and the magistrate is paramount in identifying the culprit, and deciding the severity of the crime, as well as recommending suitable correctional methods in order to transform the delinquent and prevent a recurrence.
Yes, there are grounds to arrest those NUP members who are shouting obscenities at members of the crowd who hold views opposite to theirs. This has been provided under the various sub-sections of Section 110 (24: Powers of arrest: arrest without warrant: constable) of Serious Organised Crime and Police Act 2005.
Judicial review has its own proceedings and procedures. In particular, left to apply to judicial review must be made within three months of the event that is alleged to give rise to the claim. Different views can be held of the role of the courts in this area, but they all have one thing in common; they see the prime function of judicial control as essentially negative.
On the other hand, there are data that lead to the assumption that race can be a decisive criterion for criminal behavior against juveniles. The views of the theory do not seem to agree totally on such an aspect, however, it would be rather difficult to formulate a precise assumption since the identification of the exact reasons of a specific criminal behavior can just assume.
12 pages (3047 words)
, Download 2
, Research Paper
Free
The elderly people were the focus of the present study. The following hypothesis was articulated for the present research on the basis of difference in the age-groups in a society leading towards a difference in the nature of crimes against its individuals. The hypothesis states: “Older the people in a society, more the probability of being a victim to white-collar crimes”.
Jake’s action in spiking Robin’s drink will make him liable under Section 47 of the Offences Against the Person Act of 1861, which makes it a criminal act to unlawfully inflict violence upon another person, and sections 17 and 20, which are concerned with the causing of grievous bodily harm, in this case, death.
10 pages (3063 words)
, Download 2
, Research Paper
Free
Despite the enormity in numbers of migrant workers both legal and illegal entering EU states, studies show that these workers and their families are not given significant attention in regards to the protection of their rights (Cholewinski, 1997). The rights bestowed on illegal migrant workers are still difficult to discern.
A company should not rely exclusively on internal personnel to review its compliance programs. Their very familiarity with company policies, procedures, and practices may make in-house reviewers less sensitive to potential problems or to deficiencies in those very procedures with which they are so familiar.
While this law may be simple enough in its statement, the theory behind the law is quite complex due to its application to the idea of economies of scale. To better understand the law itself and the application of the law, it would be useful to look at a few examples as well as the origins of the law.
It is evident that International Law functions through the United Nations, Security Council, International Court of justice, International Labor Organisation, General Assembly, International Law Commission etc. These Organizations are represented by eminent persons of member nations who works for Global welfare.
It is quite essential to note that unless Abi can prove that the renovation was in fact necessitated because the extent of the damage was to such a high degree, it appears unlikely that the Court would hold Hanby Council liable for such extensive renovation costs and Abi’s alternative accommodation costs.
A law may be considered erroneous or defective based on certain conditions which include universality, refusal of the judge to grant relief to a complainant, and strict application of law leading to hardships. One reason for making an exception to the law is its universality where not one general law can be applied to several different cases.
The paper will argue, the counter-terrorism measures which both these countries adopted in the wake of September 11th constitute a direct violation of the very principles of human rights and, accordingly, are solid grounds for concern. The United States and the United Kingdom have been the two countries most committed to the War on Terror.
Punishment for crimes that are deemed cruel and unusual is forbidden by the Eighth Amendment to the U.S. Constitution. This amendment is often invoked when discussing the legal merits of the death penalty. The use of the death penalty is considered by some to be the most obvious and heinous example of cruel and unusual punishment.
There are three kinds of property (a) public property which is owned by the Government (b) private property, which comprises the resources that an individual owns and (c) common property, which comprises land and another kind of property which people own jointly. There is a greater incentive for people to develop those resources which they own because they can control what they produce.
Left idealism is also known as radical criminology. The left realists take us beyond the offenders and further shows us the concern for the victim patterns in both the informal and the formal sectors. They argue that crime can only be understood in terms of the existing interrelationships. Young who developed this ideology also has a generic theory explaining the recent growth in crime.
Pursuant to your request for an analysis of the situation where the Prime Minister is politically drawn with at present, please find be informed that this office views the problem as one involving conflict of Interest of which your office in the Ministry of Justice is bound to make a recommendation to the Prime Minister for the guidance of all concerned.
Duty of care is the actual concept based on which courts have to treat cases in the abstract as could be observed in Hill v Chief Constable of West Yorkshire (1989). In this case, when the duty of the police was discussed, it was observed that there was no duty of care existing on the part of the police.
In any trial certain elements must be established for a person to be found responsible, even though the evidence is largely circumstantial, there is precedence. Certainly detailed above the possible motive. Carnal desire is a universally understandable drive for any man or woman and is most often at the center of many crimes. Given Jefferson's propensity of admiration and ego nature, he would certainly have been drawn to Sally Hemings.
The state’s control over society and public order is through the medium of criminal justice (Lin & Keith, 2006). Public order is directly related to the rule of law. There is increasing concern about public safety in western democracies especially post-September 11.
This paper takes the position that the maintaining the inclusion of the charter of guaranteed rights under Constitution is more beneficial to Canadians. Supporters argue that the minority groups and others who were victims of state discrimination prior to the inclusion have a new course of remedy under the present Constitution.
This essay discusses that common law refers to those principles of law that are not written down, nevertheless they constitute standards of acceptable behavior that have been around for years and form the basis that the Courts rely on to arrive at decisions about fairness where individual circumstances of cases are concerned.
The discussion here is not about whether the legal system needs to be reformed or not. The argument is based on the assumption that reform is warranted. Further, the discussion will show that reduction in trial by jury cases is necessary as part of legal system reform. Some arguments specifically identify the choice to eliminate trial by jury.
In the Continent, there has been the major influence of Roman law disseminated above all by the universities. This influence was carried in by the canon lawyers and then by the school of natural law leading to voluntarism, the leading lights of which were Domat and Pothier and which carried all before it under the French Civil Code during the whole of the nineteenth century.
Applying one national law over another is not always a satisfactory approach and as a result, the Hague Convention established a treaty called The Hague Conference on Private International Law calculated to organize a uniform system for the application of the law in Private International Law scenarios. Attempts such as the one made by the Hague Convention dispense with the argument that there is no such thing as international law.
This shows that more people will be lazy in education programs and especially parents. The parents in this case will believe that since the law protects the natives in finding jobs, their children n will find it easier to get jobs. This kind of laxity will greatly affect the way the country will be moving on in the future.
8 pages (2000 words)
, Download 2
, Research Paper
Free
The decision in Costa v ENEL served to establish the supremacy of EC law. Moreover, in the Francovich case, the European Court of Justice had ruled that there was a national liability. In the case of Foglia v Novello, the European Court of Justice had ruled that the Court should be the ultimate entity to decide upon the ambit of its jurisdiction.
It may be noted that the Courts have already been applying equity and the law in granting justice to third parties by making a determination whether third parties are intended to benefit by the terms of the contract. The application of the principled approach exception has also meant that Courts have not hesitated to reject the restrictions.
There are several elements that make a contract to be valid and this includes the following; there must be an offer and an acceptance, there must be an intention to create legal relations, the contract must be under deed or consideration, there must be a contractual capacity, a genuine consent which must not be obtained from mistake.
The author states that duty of care that exists in negligence is laid out in Caparo Industries v Dickman where it was held that damage arising out an action should be foreseeable there must be a relationship of sufficient proximity between the parties and it must be fair and reasonable to impose a duty of care.
An international crime transcends local jurisdictions and cannot be left within the exclusive jurisdiction of the national authority that would normally adjudicate such trials. International crimes are war crimes, including genocide, crimes against humanity, torture and aggression and international criminal law is the law that governs such crimes.