Law Essays

With respect to copyright, the elementary principle is that the person who authored or created protected work is its first owner. However, joint ownership may also exist in cases where there is a collaboration in making the work. Films, for example, are deemed the collaboration of the producer and the director.

When the property sale deal was being completed, Wanda, Simon’s wife was in the hospital. Simon’s wife has a strong legal and equitable interest in the property. This factor becomes significant when considering the question of unconscionability and applying the law of estoppel which primarily operates in the form of constructive trust. 

The embrace of diversity and attempts at combating institutionalized racism with Youth Justice will be positive for both the wider society as well as to young offenders. Young people can expect more fairness and anti-discriminatory treatment with the System and the result may very well be a decrease in overall levels of crime.

The author of the essay suggests that we must keep in mind that "modern" China is a country whose evolution still emanates from an unimaginably rich past that is very much alive after thousands of years. America is only two and a quarter centuries old while China measures her history in the eons. 

Work time is the particular period of time where an individual spent his energy on getting payment. There are many employees feel stressed about poor working hours. Many laborers face so many challenges such as over-employment, joblessness, flexible shifts, and duty roster methods. There are some unpaid labors who are doing housework are not considered as part of the working time schedule.

  However, in the modern world, with the advent of technology and exponential developments, there has also been a surge in such activities as frauds, embezzlements, misappropriation, bribing, identity thefts, corporate scams, etc that have far-reaching economic consequences. These crimes affect business entities, government agencies as well as private individuals. It is more than time authorities took cognizance of this aspect.

Restorative justice is a specific kind of approach to justice that helps to focus attention on the main needs of both victims and offenders, taking into account the interests of the community. Victims are fully involved in the process of restorative justice, while offenders are emboldened to be responsible for their illegal acts.

The arrangers raise the investor funds for the issuers that are in need of capital. As a result of the service rendered, the issuers pay the arranger a fee. The fee increases based on the complexity and the risk involved with the loan facility. In the United States, private equity sponsors and corporate borrowers drive the issuance of syndicated loans even-handedly.

The main duties performed by directors in different companies include review the company’s sensitive records, entitlement for reimbursement, discharge duties without any interference, participate in different management areas in the organization,

The stop and frisk procedure has been quite controversial, but it gets to be quite useful in controlling and preventing crime (Lamberth, 2011). According to the police, it is easier to find criminals through this

Generally, as societies increasingly become more urban and cosmopolitan, it becomes imperative for police officers to understand cultural idiosyncrasies and sensibilities.  It is an acknowledged fact that the history of American social life is littered with instances of racial and ethnic discrimination.

Generally, people may not feel free to confess their emotions or behaviors for the fear of shame or for the fear that the consequences of the actions would result in a disgusting or unpleasing outcome. Such individual would in that case keep their bad or disturbing behaviors or emotions to themselves.

e interrupted by this case and on most of the television stations, the usual game coverage was shown in small screen at the corner while the main event was news anchors communicating to the public about the court proceedings. The jury selection procedure for the case took two

This court should affirm the superior court’s judgment and that the confession by Carney was not convinced by assurances of humanity or immunity as a confession can only be involuntary it is induced by assurances indicating immunity from the trial as held previously in Smith v. State, 787 P.2d 1038, 1039 (Alaska App.1990).

The process examines the biological material with a view of identifying the source of that material. Forensic biology is necessary in the current case as it is principal in the identification of both the remains and possibly the perpetrators. Proper identification cannot be achieved if DNA profiling is not conducted on the remains (Butler & Hill, 2012).

During the formation of NAIOS, environmental treaties were not discussed. However, this has come back to haunt the regions bound by the treaty. The environmental issues have revealed a

The merchants can proceed with their transactions without necessarily following common laws that protect the rights of customers. Common law demands that parties to a contract provide a written form of some specific terms (Boundy,

In theory, a contract is a bargain in which the price of the bargain makes the consideration. There was an agreement between the two parties, and there was an exchange of some amount of cash valued at $50,000 to be paid to William II. It is good to note that William II played his part in honouring the agreement of not drinking.

The essay intends to make comparative analysis of the cases related to religion along with measuring the effectiveness of law to deal with such cases. The comparative analysis of secularity factor within varied states has provided greater understanding about the nature of pluralism as well as the role of religion in modern society.

Human rights violations such as the mass exodus resulting fro m a violent government response in 2004 to the ongoing fighting between South Sudan government and rebel factions as late as Dec 2013 have necessitated an international

The analysis identifies the main stakeholders that will attend at the National Convention event while defining the concerns and interest they have. It will go further to evaluate the organization through a SWOT analysis so that the

Additionally, the control of such information, as stored in these devices, remains unwarranted by the user. It would not be argued that all the information established from a personal computer belongs to the user since some may be uploaded via

In addition, it has led to an increase of the minority prison population hence resulted in overcrowding. According to critical race theorists, the privatization of prisons will lead to more non-violent drug

Before incorporating a company called fragile management ltd. L contracted with the plaintiff for a loan of 12,000 to finance a pop group called cheap, mean, and nasty. The plaintiff wrote to L in which reference was made to him undertaking to pay. He nevertheless was required to sign and return a copy for and on behalf of fragile management ltd.

The organization was justifiably offered for in the jurisdiction and it was never the responsibility of the court of appeal decision to look into the legislation restrictions they saw as practical. The Companies Act 1862 allowed the companies rated as limited liability to act as jurisdiction persons.

When an individual does something positive, he or she is rewarded and praised for such an action. However, when another does a negative act it is ignored and no one takes note of it. Through doing this the person doing negative will

Nonetheless, this essay argues that recent case law shows that public policy considerations are being favored, which is leading to the loss of protection for individual rights. Thus, this essay will support the notion that corrective justice and providing compensation should be priorities of the law rather than raising protection for public authorities.

Ethical and environmental responsibility is not an option for any company. Therefore, for the Chinese company to directly dumping dye waste into a local river, they have violated the ethical code of conduct. Although not direct, the American companies benefit from this production process hence also responsible for the waste (Ferrell, Fraedrich, and Linda 39).

However, upon the court ruling, the petitioner decided to litigate the case and brought to the Supreme Court arguing that the court erred.

Quality Care Ltd transferred the ownership of the business due to economic constraints. The company lacked sufficient funds to pay the forty employees their redundancy payment. According to s166 Employments Right Acts, if an employer fails to pay redundancy payment to their employee the states should come in and pay on their behalf.

On the other hand, Viscount Radcliffe holds that the powers under royal prerogative are neither discretionary nor arbitrary as some want to

In 1967, Nelson Rockefeller appointed George W. Taylor as the chairman of a commission made up of five members. The panel was designed to make a critical amendment to the Condon-Wadlin Act. The Condon-Wadlin Act is a law that came into effect after a teachers’ strike in New York City. It considered employees to have ended their employment contract.

Fair use cannot be a claim that is used to offset copyright infringement in this case. Mr. Likesdrawing may not have made any significant alterations to Mrs. Photolover’s photographs. Artistic freedom is thus, not a valid argument in this case which means that Mr. Likesdrawing would need to request permission from the original artist.

In Barbara’s case, the question is whether the terms of the exclusion clause will prevail. In Charles’ case, the question is whether ASL will be held guilty of misrepresentation. As shown in the detailed explanations below, Alan does not have a chance to recover damages from ASL. But Barbara may be able to establish a claim in negligence.

In other words, common law consists of the decisions of the court from the time the court system took root, which had become part of the law from usage. The English common law, in particular, became a distinct system during the reign of Henry II, dubbed the ‘lawyer king’, when he instituted the unification of the judicial system.

Article 23 in the Brussels Regulation left its optional for the parties domiciled in a member state. They have a choice as to which court or courts have jurisdiction to try and decide any dispute that may arise between the parties in connection with a particular legal relationship. But this choice is subject to certain conditions.

The objective of the European Union is to guarantee the free movement of trade, workers, and capital. Therefore it is the prime responsibility of the European Commission to ensure that workers' rights are not hampered by free movement. Workers have the right to move from one member country to another.

However, the length of imprisonment is an issue of eminent contention since it will have a say in the end results of the effects of the punishment offered. This report will look at the

To arrive at the detectors of fraud, it is important to first recognize the source of information and incentives that increase detectors' willingness to bring such frauds to light (Zingales et al, 18). According to the research conducted by Kuhn & Sutton, 2006 whistleblowers defer in their capacity to detect fraud.

The children sent to camp are involved in antisocial behavior. Many times their parents, teachers and probation officers are very frustrated. It is tempting to believe that sending them away into an environment where many of their freedoms and privileges are taken away will help them to mature and see the destructive course their lives have taken.

However, he did not have a weapon on him to prove that he had an intention of killing his wife. In the cross examination, possible question would be: Did my client have a weapon on him when you saw him? 2. The “domestic incidents”

Although ADAAA does not change the definition of disability, it delineates the meaning of major life activity and redefines the term substantial limits (Goren, 2010). This means that employers can no longer cite mitigating measures when evaluating whether the worker’s impairment substantially limits a major life activity.  

He was arrested and charged for transmitting illegal information. In the court, Katz challenged the court when he claimed the FBI trespassed into his privacy, and this made the Supreme Court

The German commercial code looks at aspects of commerce such as mercantile trade, under which provisions are made for mercantile traders, the mercantile register, and mercantile books of account. There are also provisions for mercantile associations and dormant partnerships, which look at commercialisation aspects such as an unlimited partnership.

With the rejection of the appeal to the House of Lords, in R v Hayter, it was established that the confession of a defendant could be admitted as evidence against a co-defendant in a jointly tried criminal case. The reasoning behind this common law principle is that a confession is evidence only against the maker.

Counsellors are ethically responsible for making the welfare of the client the top priority in their work, and also have a legal obligation to protect their clients’ best interests while avoiding interactions that will benefit themselves. When probed further about suicidal ideations, Marcie admitted that she has considered killing herself.

Nevada stipulates specifically in “Nevada Rules of Professional Conduct: Adopted by the Supreme Court of Nevada 2006; amended 2007” the non acceptance of the ABA preamble and scope but effectually uses the ABA as a ‘skeleton guide’ unless amended and noted and

The importance of inculcating the I.T, telecommunication and software experts is to bring the technical know-how as far as the internet and technology are concerned. The experts also should aid in internet marketing of the services of the law firm in order to capture a larger market share and therefore cast a wider net.

The Duty of Loyalty in whistleblower cases may serve as an impediment to whistle-blowing since it is one of the fiduciary duties that are required of an employee by a firm. The need to remain loyal to organizational secrets and accounting records serves as a strong source of compunction to whistle-blowing. Again, Duty of Loyalty indirectly instills a fear of reprisal on employees.   

Both sides will be discussed along with a final conclusion of the arbitrator. As an employee, it is essential to understand the reasoning behind maternity leave. The reason behind