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Wendy's younger brother, Bill, therefore offered to have his name added to the title so that a mortgage loan could be obtained on the basis of Bill's earnings and age. The freehold of the house was then bought and registered in the joint names of Arnold, Wendy, and Bill, but there was no declaration as to the beneficial interests they were to hold.
The author states that the students and other children involved in shootouts were sent to juvenile homes. They were treated as juveniles. Special psychological treatments were given o them. Juvenile homes make every effort to turn them into responsible citizens. The main reason for children committing crimes is domestic violence.
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A relevant market as defined by the European Commission provides a framework for analyzing whether the undertaking concerned holds a dominant position and, therefore, whether its conduct may be abusive within the meaning of Article 82. In the given scenario, the relevant market consists of three players – Gordan Ltd which makes and sells bagpipes.
In the landmark case of Caparo, the shareholders' based investment judgments on wrong financial accounts, and later sued for negligence. The Court held that the auditors were functioning as watchdogs to the directors and, while they could have foreseen that their report would be seen by the investors, it was not reasonable for investors to rely on it.
The primary goal of damages in most jurisdictions is to fulfill a claimant’s performance interest by giving the claimant the substitute remedy of the “benefit of the bargain” monetarily. This typically includes compensation for actual loss incurred as a result of the breach and for net gains, including lost profits, that the claimant was precluded from because of the respondent’s actions.
These clearly state that "personal data" means data, which relate to a living individual who can be identified, these data can be obtained without permission only for lawful or emergency purposes, should be used only for the purpose obtained and permission from the data subjects or data commissioner is needed to use it for other purposes.
The author states that to form a contract there must be a mutual agreement to an exchange. Second, the contract would require the element of consideration. There would have to be exchanged by both parties of something of value. Third, both parties would need to possess the capacity to enter into an agreement.
The author states that parents are suing at affirmative action given to black children to attend mostly white schools, and claim that their kids were not allowed to attend a school because of this. They see any school decision based on color to be racial and are claiming that even action to try to integrate schools is still segregation them.
It also applies to the awarding of other social benefits for these groups. The problem is that some people consider it to be reverse discrimination (Bardach, 2005; Holzer and Neumark, 2000 and Holzer and Neumark, 2006).The Civil Rights Act of 1964 started the whole push towards affirmative action.
The author states that Lebanon’s local notables, ranging from Druze princess to Maronite merchants to Sunni landowners, ventured in promoting the interests of their clients who were also their coreligionist at the expense of another group. The forces pulling Lebanon apart seemed to be stronger than those holding it together.
Directly correlated to the internet business model is the EU-driven wave of legislative proposals geared towards consumer protection to address the challenges of the digital trading medium, which has directly impacted consumer law in England and Wales. The focus of this analysis is to critically evaluate the impact of European legislation on consumer law in England and Wales.
There has to be a trail of malice aforethought. This is referred to as CONTEMPORANEITY RULE. Substantially, the act of committing a criminal offense is referred to as the ACTUS REUS while the state of mind of the defendant at the time of committing the criminal offense is referred to as the MENS REA. The actus reus does not just mean the act.
The author states that she brought a suit against the tobacco major Philips Morris for misling her husband in particular and thousands like him to smoke their brand of cigarettes through attractive sales and marketing campaigns. According to her petition, Philip Morris never disclosed the harmful and dangerous after-effects of smoking cigarettes.
Our identity should be as valuable to us as our lives. It is what sets us apart from other people. It is a determining factor of our individuality. And it is sad to know that there are criminals who are out to get it away from us- the identity thieves. They steal credit cards; use personal information such as bank account numbers, telephone numbers, social security numbers, and before we know it, may not be the same person as before.
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The documents presented by DTI on were very similar to those data published on the material entitled 2006 Success at Work. With this comparison, it was apparent that there were no improvements, deletions or changes made that will aide in the prevention of prejudice and disparity experienced by agency workers.
According to Hughes and Edwards (2002, pp. 12-15), the involvement of the community in such efforts has become increasingly important with the development of research highlighting the importance of social systems and support in mitigating crime. Thus, Manchester's CDRP will be able to streamline not only government and public resources but also create social significance in the addressing criminality and disorder.
The modern theory of punishment was developed by the analytical school of Anglo-American thought decades ago. In fact, punishment is the deprivation from the facilities of social organisation. The heart of the theory of punishment is the safer protection of people in the society.
Any constitution would evidently be useless if it did not constrain seriously – under the threat of sanctions- at least the ways in which access to power is gained, and the limits of the authority of the principal power holder. Any violation of such provisions is called a “coup d’état”, and, as such, is considered evil, and when possible punished.
The facts of the case are: the height of the Flying Fox handle is 2.5m and the lower end of the handle where the Respondent was holding with both his hands was at a height of 2.4m. The head of the Respondent should have been at a height of about 2m. While pushing off and traveling on the Flying Fox, his hands have slipped and he fell down.
If the business identified is a service rather than a product, the mark is called a service mark. 'From the economic point of view, a trademark is a symbol that allows a purchaser to identify goods or services that he is considering for purchase'. Most jurisdictions make it mandatory for trademarks to be non - descriptive of the goods concerned.
Preserving and improving the marine environment requires the achievement of a good ecological status of waters, without which the aquatic ecosystem and the human activities of marine coastal zones could be strongly at risk. This is the proposal of the EU Water Framework Directive (2000/60/EC) which represents a major advance in European policy with the concepts of classes of water quality and water management.
The essay highlights the organization offering accreditation for long-term health care services in Phoenix and elsewhere in the United States and finally, discusses the advantages offered by an accreditation program, especially in health care services. The long-term health service facility in Arizona is targeted for elderly people.
An alleged wrong, as defined by The American Heritage Dictionary of the English Language, Fourth Edition (2000), is "represented as existing or as being as described but not so proved; supposed." Examples of tort include intentional torts such as defamation, battery, and invasion of privacy.
The view of the common law for a very long time has been that the parties to a contract are free to decide upon the obligations that they intend to be binding upon them, so regulation in context of the content of the contract by courts have been only in exceptional circumstances. However it has been seen that there has been a change in the approach of the courts because of the use of clauses that exclude or limit liability for breach, which have led the court to protect weaker parties to the contract.
The author states that the purchase is coupled with the expectation of realizing federal income tax benefits. Herein petitioner, a New Jersey law firm, aided in organizing the partnerships and prepared opinion letters addressing the tax consequences. The partnerships failed and subsequently, the Internal Revenue Service disallowed the claimed tax benefits.
The author states that the United States of America Constitution characterize minorities clearly too either be a product of culture, religion, topography, and earnings, otherwise those who suffered political or election defeat. These categories of people were provided the fundamental rights that all the other citizens enjoy.
The parallel world of crime has existed with the righteous for ages. Baser instincts like greed, intolerance, maliciousness, murder and vice of every kind have existed side by side, like thorny shrubs, with gracious fruits of righteousness and care. To this day, lawlessness and order continue to co-exist.
The use of DNA technology, however, and despite the privacy arguments launched by civil rights activists and advocates, holds the key to the resolution of these problems. As the essay shall argues, the American law enforcement and criminal justice systems are in a position to constructively benefit from the use of DNA technology, should they follow in the footsteps of the United Kingdom and establish a nation-wide DNA database.
Mill, being a feminist critic while argues the problem of inequality states that women's wages must be regulated under any circumstances. Ball (2001) while highlighting Mill's argument states the main reason for such inequality is the choice of limited occupations chosen for women and women have only granted access to them.
Yet increasingly this distinction is blurred with compensation orders and other reparative ideas insinuating themselves as a regular adjunct of sentencing options. A second misconception concerns the purpose of criminal law. However, corporate risk-taking has disparate these two conceptions by rising issues against criminal law along with the law of corporations.
The governments of European Countries have a common heritage of rule of law, freedom, ideals, and political traditions. These countries have signed the resolution passed in the European Convention of Human Rights on 4.11.1950. This resolution consists of 5 sections and 66 Articles. They also signed 5 other protocols.
The way advancements are taking place in science, technology and IT fields, anti-social elements have become far more modern in their approach in carrying out their operations. This calls for adopting more advanced approach for preventing the anti-social designs.
The law of evidence does not stop with the guarantee of the truthfulness of the evidence. They also require that the non-expert witnesses testify according to their personal knowledge and in what they call the “language of perception.” Witnesses must testify in a highly conventional style, quite difficult to master, often enforced by the judge's orders, “Just tell us what you saw” or “Just tell us what you did.”
Victoria was sent by her parents from Africa to live with her aunt, Marie-Therese Kouao. She died in London from physical and sexual abuse inflicted by Carl Manning and the girl's aunt which had occurred from 1998 till her death in 2000. The two were ultimately sentenced to life imprisonment, but the repercussions extended to both social and police agencies which had not always responded adequately, for instance not responding to one particular complaint because the child had scabies.
One of the main issues which are dealt with in labour laws concern the process of signing contracts between the employer and the potential employee. This is important in ensuring that neither of the two goes against the agreements that were made and that legal steps can be taken in cases where either party goes against the signed agreement.
I enquired about what concerns Councilor S has and received an evasive answer that he was not sure of what exactly his objections were. On the other hand, Councilor S never put anything into writing, which they are required through procedural standards due to which Mr. F was unable to forward the application.
Of course, America probably has to break a few more social barriers before a black president could be elected. To be frank, a lot of people are not ready to have a black man or woman as President. On the other hand, there are a lot of progressive people, black and white, concerned that democratic principles should be implemented in the real life indeed.
To date, the Court is flooded with cases too numerous for normal load, some of which were said to take up to five years before being heard and there is much backlog. 3 For example, according to the Human Rights Information Bulletin, 4 between November 1, 2003 and February 29, 2004 the Court dealt with 7315 cases, of which 6255 were declared inadmissible.5
According to Pieter-Bart Visscher and Timen Swijtink when the ECC finds evidence of unfair competition it may impose substantive fines to ensure that competition is not distorted or restricted. In the case of mergers, the ECC can prohibit a fusion when there is a chance of misuse the market position of the newly formed company.
The claim of O for demurrage against Horatio is not tenable and has no legal basis to prosper. The extended docking of the Flying Dustman in the port of Montebuffo was due to the fault or negligence of its (Flying Dustman’s) master and under the general law on tort the fault of the latter is the fault of the ship owner.
During the colonial period, a racialized social order evolved, as did codified slave laws and institutionalized slave practices at the level of everyday life. Constitutionally inscribed and morally and forcibly sanctioned slavery lasted in the republic until 1865. What followed slavery was a century of segregation, exploitation, and deprivation.
While many companies and individuals have turned to technology for security management, professionals in the field must have broad perspectives on both perpetrators and victims to fulfill their tasks. The study of victimology is valuable and critical for effective planning of protocol as well as forming a good security team.
Rupert has completed the work to the full satisfaction of Herbert and he has evidently accepted the fact too. But he paid Rupert only 25% less of the cost of the listed items as interim payments instead of 10% less.
There arises a breach of contract on the part of Herbert since he did not pay as he had agreed to at the beginning of the contract.
As in any human Endeavour, the law regulates cyberspace in the same manner with copyright, defamation, and obscenity stipulations designed to control an expected return. Thus the underlying principle is accrued benefits or its denial. Wanda is an Internet Service Provider registered in the United Kingdom (UK).
Bruce Broomhall, the author of under review book “International Justice And The International Criminal Court Between Sovereignty And The Rule Of Law”, instructs in Public International Law at Central European University in Budapest, Hungary. He is a Senior Legal Officer for International Justice in the company of the Open Society Institute.
The author states that in organizational theory, a closed system is a system which attempts to keep its structure even when they do not fit the surrounding environment. Any firm for that matter is in danger of becoming a closed system when it closes itself to new information. An open system under organizational philosophy is flexible.
She really needed a car that was worth the 3000 she had been lend by her Stepfather but she came across an advertisement for sale of a second hand car that was going for 3200. There was a Janet's telephone number who owned the Black Ford Fiesta that was being sold and Barbara called the number in response to the offer.
Countries that have invested comparatively little in their state-based anti-crime policies are reaping the benefits of crime drops against considerably lower costs for the taxpayer. Governments are to rely more strongly on market forces in the fight against volume crime. Anti-crime efforts should focus more on the regulation of crime markets.
I agree with the Supreme court's assertion that capital punishment for minors is unconstitutionally cruel for minors; in this particular case, they outlawed the death penalty for those who are younger than sixteen at the time of crime. I would not be discussing my opinion on death penalty as a form of punishment at all (that would merit a different set of arguments), but rather my dissent for death penalty as a just and appropriate punishment for juveniles.
This essay deals with the legal structure as related to EC law and discusses an imaginary directive adopted by the EU Council which the UK government has not upheld suggesting that certain individuals may bring legal proceedings against the UK government on the basis that the UK has failed to practice certain laws laid down by the EU.