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Research indicates the instances of credential fraud in the United States are on the rise, with many contemporary organizations taking dramatic steps to secure the business. Credential fraud consists of an employment candidate falsifying information on the employment application, usually in the form of misrepresented employment history.
The European Community Act 1972 also incorporates all treaties, conventions, and law of the European Community. As a result, the claim for unfair dismissal by the three aggrieved employees against Vintage Plc will have to be examined against this legal background.
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A constitutional convention is one designated by the people in their sovereign to capacity to make, alter, change of modifying the constitution of a state (Hoar, R. 1917). It could be described also as “an informal and uncodified procedural agreement that is followed by the institutions of a state” which (Wikipedia, 2007)
Having established that the three certainties need to be present to make the trust valid it is necessary to look at whether the declarations made by Margaret can be read as an intention to create a trust. For a trust to be fully constituted the intended separation between the legal and equitable title must have occurred.
So, we can say that the major difference in the voting system occurs among the three voting systems, and not within them. Some of the details and description of three kinds of voting systems which are given below will help us in understanding the phenomenon of each voting system.
The author states that Hodge stopped payment on the check when Fentress did not appear to perform the due service. As a holder in due course of a negotiable instrument, Plaintiff Kedzie sought damages from Hodge, who claimed the defense of illegality of the Contract since Fentress was not licensed as a plumber as required by Illinois statute.
Minors in some places are deemed incompetent and are not given the right to consent. In England, one can challenge the presumption of incompetence on the basis of proving that the minor is mature enough to understand the procedures and the outcome.
The Parenting Plan that has been introduced as a part of the Children and Adoption Bill of 2005 is likely to prove beneficial in the resolution of disputes since the focus of the effort will be in involving both parents and ensuring that the best interests of the child are served irrespective of the personal preferences of the parents.
The Co-habitation report1 at para 6.45 provisionally rejects the view that any new scheme devised for cohabitants should adhere to the fixed rule for property division. However, this provision will result in a failure of the law to address the rights of the cohabitees to a division of the family property.
Multiple compulsions and restrictions that nations contracted with each other and with global organizations have left them almost without sovereign liberty.
According to the author, Oxford Professor A.V. Dicey set out the fundamental principles of Britain’s unwritten Constitution, and the role of judges within the context of those principles by stating that the indivisibility of Parliamentary power requires that all exercise of Governmental power must be authorized by Parliament.
A Brentwood trial would have assured an almost all-white jury of educated people who would probably have found Simpson guilty. Los Angeles authorities were worried that a guilty verdict would trigger race riots similar to those that occurred with the acquittal of police officers accused of beating Reginald Denny.
Employers, Banks, Investors, and people or institutions who are in good stead or position in society usually prepare Standard Contracts in their dealings with people, employees, customers, and clients. Since Standard Contracts display an inherent certainty, they leave no scope for ambiguity. The Supplier who has made the Standard Contract can impose their own clauses.
Engineering organizations form a very significant part of national economies. In the course of conducting their business, they enter into contracts on a regular basis for sourcing goods and services or for selling goods and services. These are transactions involving individuals at various levels of an organization with external agencies.
As employers install and update more sophisticated ways of monitoring employee-use of the internet and email, workers are also questioning the necessity and legality of this practice. To cite an example, an employee caught looking for another position using the company’s access to the internet purportedly illustrates the potential employer abuse of the system.
To this complex legal foundation must be added the various statutory schemes governing periodic leases entered into for different purposes (e.g. residential, agricultural, and business). Finally, the whole situation can be subject to the application of legal regimes that originate from the nature of the relationship between the co-owners (e.g. family law, the law of partnership).
Clause 5 is an exclusion clause, specifically indemnifying Jerry &Co against the condition of the materials that are used in the construction. While there is a statutory implication in the contractual terms that goods provided will be of good quality only unreasonableness in terms will set it aside.
It served well for nearly 80 years and was able to cope with the fundamental economic and social changes that took place over that time. Today, nearly all land is ‘registered land’ and the system underwent significant reform with the enactment of the Land Registration Act (LRA)
Dealing firstly with the issue between Nigel and Gareth where Nigel is claiming that he is entitled to continue to use the land as he has been doing since 1993 it is necessary to look at the ways in which Nigel might be able to substantiate his claim. Under the doctrine of prescription, rights can be acquired by use or enjoyment of the land over time.
John Locke's main concern was how governments should be considered legitimate, and how society should function for all its members. He is one of the greatest contributors to liberal thought and many of his opinions on the rights of man, liberty, independence, revolution, and property have made it to practical implementations.
Offences fall into two primary categories such as summary offenses and indictable offenses. The categories of offenses which could fall into either category depending upon the procedures set out to decide whether the defendant is entitled to a trial or not fall under the category of either-way offenses.
The legality of an employment practice is determined by such factors as the presence of adverse impact and the job-relatedness of the employment practice. Affirmative action consists of a variety of strategies such as intentional recruitment of minority applicants, identification and removal of employment practices working against minority applicants and employees.
Every action has a reaction and the intensity of the reaction is in proportion to the intensity of the action. Over this, no disagreement between the scientists and the spiritualists! Normally, these two contending and opposing forces remain at loggerheads over issues. Strange incidents happen at the most unsuspected moments.
Consideration is the glue that cements contracts present to enforce the contract/agreement. From the above discussion, therefore, I would first advise the trio that they are entitled to the agreed prices as consideration. This is because consideration is a “tit for tat” or quid pro quo situation an agreement cannot be enforced in a ‘something for nothing’ situation.
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To start with, we were seven in the group preparing for a debate on Euthanasia. The subject was interesting and appealing to all. What made it interesting was now we had to apply theories studied in the course. All of us in the group had different study schedules and lectures but we made it a point to meet regularly.
He makes the payment of 28,000 pounds has paid up in full according to the contractual terms, or whether Buyer will be liable to pay the additional amount of 2800 pounds that is being claimed by Seller, as a function of a small price rise that is sanctioned under the terms of its standard sale/purchase agreement that Tom has filled up.
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In general, the societies in European countries have already formed the opinion that the death penalty is both ‘cruel’ and ‘unusual’ punishment that remains largely ineffectual. Most European citizens enjoy cradle to grave health care and are much less likely to be incarcerated than those in the U.S.
A party violates the terms of the contract severely without consulting the other party, the second party has every right to cancel the contract in the form of rescission. Rescission also implies to the right of an individual in cancelling the agreement if the provisions of the original contract become void due to the acts of the other party.
Generally speaking, it is quite significant to notice that the right of privacy of artists is mainly affected by the press in the name of the right of freedom of expression. Intellectual property law plays a vital role in protecting the sense of innovation in any sector (Robert P. Merges et al., 2006).
The genuineness of ideas created by music directors, directors and actors is the sole foundation on which the total fate of the industry relies. However, it is unfortunate to find the piracy of the materials or ideas of talented artists by some other artists for the sake of either earning money or becoming popular among the general public.
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Animal welfare is concerned with mitigating cruelty to animals but the motive behind preventing cruelty is not because an animal has specific moral rights. On the other hand, animal rights are the idea that all animals are entitled to certain rights because they also possess moral rights.
A man, for instance, who has been adjudged guilty of murdering another man, will be sentenced to death. The manner of death is another issue altogether.
The validity of the bequest is required to be supported by evidence of a corroborative nature capable of supporting the contention that Vito did, in fact, grant the funds to Tom to hold the same upon secret trust for Lucy and Santino. A secret trust can be created by the bequest of the property via a trust instrument.
The trial by jury is meant to represent a democratic system, since members of a jury are chosen from among the public and are therefore likely to represent community values, while also being devoted to preserving the liberty of the subject/accused against oppression by the State to promote citizen understanding of the system and confidence in the justice system.
According to the paper, the area of law that this type of conduct is connected to usually termed as “libel” or “slander”. The difference between the two is that “Slander” involves making of false statements by transitory representation, while “Libel” are defamatory statements in a printed or fixed medium.
Generally, equity developed in the early middle ages as a means of alleviating the strict application of legal rules by the courts of common law. Equity is the means by which a system of law balances out the need for certainty in rule-making with the need to achieve fair results in individual circumstances.
The author states that defamation is the issuance of a false statement about another person, which causes that person to suffer harm. The area of law that this type of conduct is connected to usually termed “defamation of character”. Though defamation claims are frequently asserted against commercial publications.
This study focuses on two arguments any gun control debate typically focuses on. The argument favored by those who advocate outlawing ownership of handguns is supported by the theory that a restriction on gun ownership reduces gun related crimes. Arguments against gun control laws are predicated on the theory that it deprives innocent victims of a formidable defense mechanism.
The use of the death penalty is considered by some to be the most obvious and heinous example of cruel and unusual punishment. Those opposed to capital punishment do not believe that the government should be vested with the power to put any of its citizens to death.
This paper seeks for an answer to a question: to what extent has "human rights regime" been effectively applied, represent a genuine globalization of the attempt to implement fundamental human rights, and to what extent has its application reflected the balance of the 'interests' of various parties in Rwanda?
This paper gives an insight into the Criminal Justice Law in the UK. Modifications to the original 1984 act introduced in 2005 replaced nearly all existing powers of arrest and introduced a new general power of arrest for all offences, making the concept of “arrestable offences”. The introduction of these changes has attracted much debate, both in support and in criticism.
The Bill of Lading is a document that establishes the terms of a contract between a shipper and a transportation company. Moreover, it should be stated, that the bill of lading has evolved from a simple ship captain’s receipt into a multi-purpose financial and legal record for any improved international trade.
The country of India has been greatly influenced by other countries such as: Portugal, Netherlands, France, and the United Kingdom. These countries colonized various parts of India after the sixteenth century.
The word Mafia, for instance, comes to mind whenever this subject is mentioned. Not a few pieces of literatures have already been written immortalizing their exploits. The novel which was later made into the film The Godfather by Mario Puzo, is one of the most prolific of these, incorporating the Mafia in popular culture.
An understanding of Ronald Dworkin’s theory of the role of judges in the concept of law and its variance with his contemporary legal positivists cannot be attempted without at least a summary exposition of what is implied by the label ‘legal positivism’.
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 rules of Equity are only a sort of supplement or appendix to the Common Law; they assume its existence but they add something further. The rules of Equity, though they did not contradict the rules of Common Law, in effect and in practice produced a result opposed to that which would have been produced if the Common Law rules remained alone.
Many Canadians were beginning to believe that the shape of the socio-economic structure of their country was changing from a pyramid to a small cube of wealthy people on the top of a large cube of low-income people, with a mass of expendable individuals no longer needed in their society and relegated to its at the bottom.
Lord Diplock held that judicial review was the only way in which action could be brought to test public law rights, therefore in effect the O’Reilly decision established the strict exclusionary rule in the judicial review procedure of decisions of public bodies and it could be followed only where no remedy exists in private law or where other alternative remedies cannot be found.