Law Essays

Knife carrying is justified by the carriers as a means of protection or enhanced status. At the end of 2007, selling a knife, an imitation gun, or an air rifle to any person less than eighteen years old was made illegal. An amount of £ 5 million was set apart for identifying ‘knife hot spots’ by the use of electronic metal detectors and giving the police new powers to stop and search, in the year 2008.

The issue of a directive by the European Union Council to amend the existing laws of working hours can be considered as part of the amendment of the constitution of the European Union. The bodies which are authorized to make amendments to the constitution include the European Union Parliament, the European Union council and the European Union Commission.

Governments are obligated under international laws to protect and promote the basic human rights and freedoms of their citizens. It is important to note that, human rights have similar characteristics globally. Some of the characteristics include; they promote fairness, respect, equality, and dignity.

The idea of securing the homeland and borders from disasters and terrorism has existed for a long time but the agencies and government have utilized different terms and approaches. For example, during the Cold War, the United States government based its defense on “civil defense” and protecting American citizens from nuclear attack. 

It is too difficult for country officials to rise up one day and implement policies or make decisions without hearing from the intelligence. In the most recent years, levels of terrorism in the region have increased the need to have a diversified networked loop that considers all side effects of a phenomenon on matters of Australian security.  

The formal requirements for any legal arbitration agreement are; the agreement needs to be in writing, based on mutual consent as well as a defined legal relationship. An arbitration agreement needs to provide expressly and tacitly that in case of a dispute arbitration should be the means of settling the dispute.  

The two parties in a dispute present their case to an intermediary who is a third party. The intermediary may be a panel or a single person who examines the available evidence and makes a binding decision that the parties have to respect. The two different parties present their case in the arbitration as adversaries.

It is an apparent fact that peace and security were deeply in the minds of the world leaders who assembled in San Francisco in 1945 to create the United Nations (Gupta, 2008, p. 1). As matter of fact, the first line in the preamble of the UN charter outlines the necessity to protect ‘the succeeding generations from the scourges of war’ (Charter of the United Nations, 1945, p. 1).

Lending provides the backbone of the economy of the United States of America. From small businesses to large multi-billion dollar businesses, it is the work of loan injection that enables them to create new business ventures and create economic opportunities for newly qualified students and provide a source of revenue to the government.

Environmental criminology is defined as the “study of crime, criminality, and victimization as they relate to places, individuals, and organizations”. In studying environmental criminology, scholars have always relied on spatial factors or place-based influences to determine how crime patterns occur in different geographical locations.

All four options entail principal defeasance whereby assets are held within the trust to the advantage of bondholders to cover up all or elements of principal due. For the initial three options, the assets include AAA-rated 30-year bonds issued by single or more sovereigns, supranational bodies, sovereign organizations as well sovereign-backed agencies.

The UK has a liberal Constitution which through statutes, conventions, and customs grants all citizens equal rights; this, however, does not mean every citizen is guaranteed equal rights. Liberal democracy is supposed to ensure people enjoy their citizenship rights as long as they don’t interfere with the rights of others.

The European Court of Justice (ECJ) was started with reference to the European Coal and Steel Community (ECSC) Treaty in 1952. The court is located in Luxembourg. The provision in Article 19 TEU states that the function of the European Court of Justice (ECJ) is to guarantee the observation of the law when interpreting and applying the Treaties. 

Confidentiality relates to the professional relationship between the patient and the medical professionals. Such confidentiality arises if the medical professional has implicitly consented to keep the information confidential, or the medical professional can reasonably be expected to know that the information provided is to remain confidential.

The Australian Government has controls for imports and exports of certain goods, and the controls are either total prohibition or restriction. International business success is achievable through compliance with domestic and global laws, and requirements of international conventions, treaties, and agreements.

The past crises and the recent crisis in 2008 have exposed the inadequacies of international financial regulation. The limitations that plague existing regulatory frameworks in preventing the occurrence of such crises, or mitigating their effects are a source of significant concern among policymakers and standard-setters.

 In 2009, following the Global Financial Crisis of 200b that started in the US and quickly spread to Europe and the rest of the international economy, the Basel Committee on Banking Supervision proposed improvements to Basel II. They were intended to strengthen the Basel framework for banking and to respond to the crisis effects and lessons.

Legitimacy is often connected to the right of the decision-makers to exercise power over their stakeholders and the general public while on the other hand, accountability is associated with the actual receptiveness of the decision-makers to stakeholders and constituents in the policy-making process (Brummer, 2012, p. 180).

Basel II was initially published in June 2004, and it was established for the purpose of creating an international standard for banking regulators to be in charge of the capital, banks require to set aside to safeguard against the type of operational and financial risks the banks, as well as the entire economy, faces.

This section looks into the difference between a balance sheet test and a cash flow test. This is in order to commence a corporate insolvency case. It is also important to look into the more accurately in determining whether or not a company is insolvent or not. It is also mandatory to understand how the tests work and which test is better than the other.

The issue of knife crime has dominated both the British media and political institutions alike. The problem is mainly concentrated in city areas, especially in London. The knife crime ‘epidemic’, as it came to be known, is a representation of how the British government has been dealing with youth justice issues.

The paper has analyzed the National Motor Vehicle Theft Taskforce of 1996 and its recommendations as some of the measures which can be used in deterring car theft crimes. Some of the other strategies include the government responses, insurance and automotive/private industries partnership to combating this crime, and the Four Es strategy including enforcement of laws, engineering, education, and encouragement.

Transformational approaches facilitate the development of a vision, a clear view of the future and the ability to excite and convert many potential followers. Transformational leaders tend to have a clear vision of how their organizations should be in the future. However, being transformational entails more than just having a vision.

One of the sectors that get affected is policing, and the government often looks at various aspects of the policing budget wherein substantial cuts could be made. There are certain segments within the police department that are very essential for maintaining national security, community welfare, and safeguarding the nation from terrorist threats.

During the Middle Ages, judges wishing to spare deserving offenders from commonly used punishments such as torture, mutilation, and death used their power to grant clemency and stays of execution, the common law practice of judicial reprieve allowed judges to suspend punishment so that convicted offenders could seeks a pardon.

Moreover, this paper will discuss the agreements on agriculture in a bid to determine the extent to which agriculture has been liberalized. In addition, this paper will explore the rationale of safeguards under the WTO and GATT laws and give a discussion of why these means of protection are not used frequently.

Electronic commerce is a feature of the globalized world, with applications in many areas. International conventions, treaties, and trade practices govern the issues relating to electronic commerce. In the UK, the government enacted the Electronic Communications Act 2000, which was the first piece of legislation to promote electronic commerce.

Corporate governance is a critical issue the world over. Frustrations have characterized the performance of publicly traded corporations for decades, making interventions necessary to ensure smooth operations in corporations. Since the turn of the millennium, a flurry of unpleasant events has featured the performance of corporations. 

A court is usually faced with two choices when it receives a challenge against the power of jurisdiction or the validity of an arbitration agreement from one of the parties whose case was mediated by an Arbitral Tribunal: either to suspect that the challenge is spurious and therefore start from the viewpoint that the matter should be reviewed. 

International competition law is also known as anti-trust law and is defined as the rules and regulations that promote market competition and regulate how companies should compete with each other. The rules and regulations work to regulate the anti-competitive conduct that some companies may undertake. 

The term ‘International Law’ is taken to refer to a form of public law established by states and governments by enacting laws and signing treaties and conventions. In the grand scheme of things most international legal disputes regarding business, the law includes features of private law involving issues such as torts and contracts.

There is a global trend towards holding parent companies of multinational corporations (MNCs) legally accountable for damages to the environment as well as for violations of human rights or ethical principles in the host countries. Typically, globalization has interconnected human, cultural civil, economic, and political rights.

Criminal law has in history been treated as the branch of law that is used to punish offenders or perpetrators of certain crimes in society. Law is defined as being what is written down in a statutory instrument to regulate the behavior of individuals in society. The main elements of crime established in time are that men's rea and actus rea. 

Crime occurrence and perpetration have been considered to be unpredictable and no one can precisely predict that a crime can occur at a particular time. According to Lacey (2006), crime is closely interlinked with social sciences and psychological factors to effectively know what motivates a criminal offender.

The real meaning of natural law is that the state, its ruler, and its legislator are subject to the law of God or the moral law. Hence, rather than become a creator of law that reflects self-interest or the interest of the entity he represents, a ruler’s function essentially becomes an interpretation of the Higher Law or the Law of God.

Among the strategies is the development of an Integrated Risk Management Plan (IRMP) every few years. The current IRMP focuses on the period between 2012 and 2015. It details, among other things, the challenge posed by the reduction of public expenditure by the UK government and how to counter its effects.

Police officers or law enforcers have to handle the issue of security with a lot of care. This is for the purpose of winning the support of the members of the public and also ensures integrity in their work. The future challenges to policing also require some strategic actions that will ensure that crime is prevented.

Contractual agreements constitute a significant part of commercial relationships in the modern economy as it outlines expectations and or contributions of the involved parties towards the realization of the goal of the relationship. The law of contract does not precisely state the rights and which it protects. However, it creates a framework with limiting principles.

Children have various rights since they can easily be subjected to torture, slavery, sexual abuse, prostitution, disappearances, excessive work as well as degrading treatment. The Declaration of the Rights of the Child 1924 stipulated important rights such as protection from exploitation, normal development as well as being fed.

The existence of the freedom of the media and the freedom of expression intended to give citizens the absolute right to free speech, and expression whether it is private or public without any due regard to accountability. However, the freedom of the press and free speech has grown to attract some form of restriction, responsible media and how the information ought to be disseminated.

The definition of terrorism is considered relative and therefore varies from one circumstance to the other. Terrorism may be defined as an act of violence that has the intention of generating fear among individuals. Terrorism acts are generally performed for political, ideological, or religious objectives.  Hence in this case terrorism is regarded with both political and emotional aspects.

Negligence is the failure to exercise due care or diligence that a reasonable or prudent man would exercise in similar circumstances. The law of negligence falls under tort law which involves harm that is caused by carelessness and not intentional harm (Katter, 2002).  A tort is a civil wrong that is in the form of a breach of duty, which amounts to a legal remedy that is awarded in damages.

Juvenile crime was on the rise during the 80s, raising concern among the members of the public and various governments on how to curb such crimes. The federal government required the State and local governments to focus more on the prevention of such crimes while avoiding punitive measures, but that did not just happen.

This paper reviews the competition law in relation to achieving consumer protection. The European Commission expects inherently higher standards of business behavior from undertakings it presumes to be dominant. The decisions made by the courts in this particular clearly reflect the aims of the EU competition law.

The present essay answers some questions based on scenarios drawn from three chapters in the students’ text. The questions aim to test the students’ understanding of the law and how they can apply it in various situations. The essay further addresses three areas of Business Law namely: Business Crime; Tort; and Contracts in Chapters 8, 9 and 12 respectively.

The guarantor is needed to pay the creditor because of the failure of the debtor to do so. In such circumstances, the law normally requires the “surety a right of subrogation,” which allows the guarantor to assume the responsibilities of the debtor and to assume the debtor’s contractual rights in recovery of the cost of making payments on behalf of the debtor.

Generally, the Corporations Act 2001 specifies the duties of directors. Some of these are the duty to exercise reasonable care and diligence, which has been stipulated under Section 180 of this Act; and the Section 181 requirement to conduct the company activities with good faith and legitimate purpose.

Section 1 of the Marine Insurance Act of 1906 presents what marine insurance is. In reference to this Section, a marine insurance contract refers to a contract in which the insurance company undertakes to indemnify the client or the assured, in a given manner and to the extent agreed thereby against marine losses. This means any incidences of losses to a marine adventure.

Generally, initially, there existed a partnership that involved Joseph Edwin James (‘Mr. James’) and Meyer Gold Mining Pty Ltd (‘MGM’). Then, the partnership components got altered following a formation of a new partnership that involved Pitgate Pty Ltd (‘Pitgate’) and Meyer Gold Mining Pty Ltd (‘MGM’).

Emma Clarke appeared before a Magistrate Court in Perth on 24th February 2014 for one account of stealing, one account of the assault, and one account of the possession of a prohibited drug (methamphetamine). The matter was referred to Adult Community Corrections Service for the preparation of the pre-sentence report. The Pre-sentence report was duly completed and it is attached for the information of the Court.