Law Essays

Jeffrey is an active member of the town's Gay Community Association, which holds its monthly committee meetings at his flat. He explained this to Sergeant Williams and promised a list of names when he had checked with his fellow committee members that they were happy for him to pass their names onto the police. 

Negligence as a mode of committing certain torts, e.g., negligently or carelessly committing a trespass, nuisance or defamation. In this context, it denotes the mental element, and Negligence is also considered as a separate tort. It means conduct which creates a risk of causing damage, rather than a state of mind. 

Despite seeming complexity, it is a well-designed, absolutely coherent, and solid instrument that effectively performs its function. This assumption relies on several equally essential considerations. Firstly, within a relatively short time, the policy eliminated public monopolies that traditionally dominated the telecommunications sector in Europe

I arrived at the station at 1730 Friday night (date) so I could observe a full twelve hour shift. I was assigned to ride along with two veteran patrol officers, Schmidt and Grebel. Schimdt had been an officer for twenty seven years and Grebel had been on the force for ten years.

The author states that in 1934 Lord Wright said in Lochgelly Iron and Coal Co v McMullan that in strict legal analysis, negligence means more than heedless or careless conduct, whether in omission or commission: it properly connotes the complex concept of duty, breach, and damage thereby suffered by the person to whom the duty was owing.

People in society represent the consumer group that moves all national economies and the international forum. These consumers must be protected by the laws of the state to ensure the system works properly and the members of society are protected from wrongdoing through a legal platform that covers both criminal and civil liability. 

In Hunter v Canary Wharf it was held that a private nuisance is a continuous, unlawful, and indirect interference with the use or enjoyment of land, or of some right over or in connection with it. This much discussing civil wrong in the Tort Law always happens in the various vicinity of the property transactions.

The American Federal Constitution, in its First Amendment, lays down the decree that the State shall not provide support or tax alleviation for the promotion of any religious activity, to encourage a particular religion or faith. It states, “Congress shall make no law respecting an establishment of religion.”

The aim of anti-discrimination laws is to banish discrimination in public places. Lawsuits involving a member suing a private golf club for its discriminatory policies often revolve around the issue whether the club is truly "private,". Accordingly, a country club that is truly private is not subject to its state's anti-discrimination laws.

The interpretation of this new law through the research here has defined it as overall beneficial for the environment and communities involved. As long as specified guidelines are followed, and implemented correctly then the new Planning Compulsory Purchase Act of 2004 should evolve to adapt for the betterment of all communities.

Since America's prison population is so racially and ethnically diverse, naturally these inmates form their own groups or gangs and develop rules and codes within those respective groups. I'm not quite astonished about prison officials tolerating those groups because they think that establishing them would give the inmates a sense of "community" or "brotherhood" and therefore would bring them some sort of order, but I'm sure those officials themselves do not know or are just oblivious to the fact that such racial groups would do more harm to the inmates than good.

The first level has to do with the substantive aspect, ie, reckoning the competing rights of “free speech” and “religious freedom” and then solving it by using the existing European Convention on Human Rights. The second level is procedural, or whether or not the passage of the Act has complied with the legal requirements for passing legislation.

Thus the British constitution can be contrasted with other constitutions like the Constitution of the United States of America. (Barendt, 1997) Brazier (2001) has for instance stated that: "A British citizen has to seek the rules of the constitution in a daunting number of places - legislation, judicial decisions, statements about constitutional conventions, the law and practice of Parliament, European Community law, and so on." (p.3)

This has been an ongoing saga for ages now. To add some pointers to the discussion, we find that indeed this is something that has a lot of solid basis to it and not just a mere faux pas is attached with it. Punishment is something that is directly or indirectly meted out on an individual and within the context of that very punishment.

In the conveyance of unregistered land, as in the case of Mr. Partridge- Jones, the title obtained is as fundamentally valuable as that of the seller. In the process of conveyance of the property, he needs to make sure that all the necessary documents are collected from the vendor as the property is not registered with the Land Registry.

Ratio Decidendi and Obiter Dicta are the two parts of any decision-making during the court proceeding. Ratio decidendi actually means “reason for deciding” but otherwise in law, it is any legal reason that judges use to make the decision of the case. It also forms the precedent which is then used for all future legal reasoning.  

Public Corruption has been defined as the misuse of public or private office for personal gain, has been one of the main concern of the governments throughout history because of its increasing number of incident.

The professional principles that underpin this Act need to be enforced in terms of the following: 1. The chosen person should act with independence and sincerity 2. The selected person should pursue and sustain the highest standards of work culture 3. The nominated person should perform in the best interests of the clients

The author states that the three of them were found injured, with one being tended to by the ambulance and medical professionals. The other two males had been left bruised with cuts on their right-hand knuckles. The former victim had a cut on his forehead. This is the observation at first sight.

The presumption of duty is subject to the patient’s self-determination and not absolute. Doctors have no obligation to commence or continue a treatment outcome of which is futile and not in the best interests of the patient. In other words, the burden of treatment is disproportionate to the positive outcome.

The company can also maintain that it is not an ‘occupier’ under the Occupiers’ Liability Act 1984 and thus not liable because it just bought the property and had never occupied it.  But it should be ready to answer the definition of occupier in the case Wheat v Lacon where the occupier is one who has control of the premises. 

The author states that the transfer of juveniles to criminal court can work to make the administration of justice more effective in controlling and preventing serious juvenile crime”, the implementation of these reforms enabled forty-one states to enact provisions and, therefore, facilitate the trial of juveniles as adults in criminal court.

Some of them are involved in criminal activities, while others are responsible for unsocial behavior like drug abuse, unsafe sex, or are prone to exploitation by unsocial elements. It is a complex scenario as it suggests social problems which include child abuse and family dysfunction.

Given valid arguments on both sides, the decision on the postal rule’s applicability is still inconclusive. Under the Vienna Convention, however, its rules of acceptance should be applicable to internet communication under Art 24 because the rules do not discriminate between the methods of communication. 

The author states that sometimes there do arise certain ethical issues in law enforcement, that hamper this objective stance undertaken by law enforcement professionals. Therefore, one is often distressed at the prospects of subjectivity or a catch-22 situation that comes up. He discovers that his car is involved in the accident.

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. 

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).

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.

Child labour is anathema to civil society, primarily because it militates against one's sense of fair play. It takes many forms such as child servants (very often without pay), slavery/forced labour, prostitution, illicit activities, as soldiers and in other hazardous activity.

PMOI applied for courts review on the grounds that the secretary’s finding lacked substantial support and that the secretary failed to accord it due process. The court ruled in its favor and ordered the secretary to avail the unclassified information she had relied on, and instructed her to indicate which sources she found to be sufficient.

She estimated that she needed a computer worth around 200 but was told by Alec that for the kind of work she wanted a computer for, she needed one that is worth 2000. In fact the same computer is sold by the shop at 1000 but Alec took advantage of the old woman and charged her more money.

The author states that the agreement whereby BigBen Inc. will pay its debt to Jettison by allowing the latter to receive payments from a separate contract that Big Ben Inc. had entered into with one of its own customers is allowed under the US laws. The agreement is enforceable only if all of the parties agreed upon the terms or conditions involved.

Next, he is willing to arrange replacement of the machine, but still insists that the fault is not on the part of the seller. He even advises Walt Winters that the fact that the defendant had installed inadequately tested machine, need not be publicly acknowledged.

In the case, the hotel management is responsible for the safety of the individuals as long as they are not intentionally injuring themselves. The board before the hotel that disclaims the responsibility for the safety of the customers is not sufficient for the hotel management to escape from the responsibility of the protection of their customers.   

When our forefathers settled upon the primary document for the government of the newly formed United States, they included the Bill of Rights to ensure particular civil liberties. Among them is the First Amendment, which protects the freedoms of religion, speech, the press, the right to assembly and to address complaints to the government in a minimal forty-five words.

I would tell my French friend that the codified French legal system is different from the English legal system which is a common law system relying on case law or the ratio decidendi of past cases and statutory laws. A contract is a meeting of minds between two or more parties by which one party makes an offer and the other party accepts the offer. 

There is great debate over the benefits and drawbacks of legalized gambling to the contemporary Australian community. Those who advocate the institution of a state lottery or other forms of gambling appeal to a very different ethical argument. They argue that people are natural gamblers and will gamble whether or not the government allows gambling.

On today's Supreme Court, conservative Justices Anthony Kennedy and Clarence Thomas take a broad view of free speech, often broader than many of their liberal colleagues. But until the late 1980s, conservatives generally took the narrower view, not just on matters such as sex and flag desecration, but even on political and social advocacy.

Philosophers of science have long established the concept of causation. The reasoning behind the concept argues that a problem can be better tackled and/or alleviated by the understanding of the root cause(s).

Under the tenancy agreement, both the tenant and the owner are assigned certain rights and obligations, as par the law, which are binding on both and are at least equal to their statuary rights. If less, that clause of the agreement cannot be implied. There are two parts to the agreement: the express terms/clauses and the implied terms/clauses.

The lawyer has submitted its arguments with direct reference to the section 2 and 2(6) (b) which provide a defense to the convicted relation to a genuine document. Section 2(6)(b) has provided 'provide a defense in relation to a genuine document where the accused has traveled to and entered the United Kingdom using a false document', for which the defense counsel has referred to the provisions.

Asylum as defined in the encyclopedia “is the protection granted by a state to a foreign citizen against his own state”. This protection is based on certain refugee rights which are acknowledged internationally. It is granted to a person who cannot seek protection in his/her country of origin for fear of being persecuted for various reasons like race, religion, etc.

It is to be understood therefore that when there is already a meeting of the minds between the buyer and the seller, the sale as a contract is perfected at once. To illustrate, A tells B that the former is offering to sell his Austin car to the latter for ten thousand pounds. The sale between A and B has been perfected because the parties by then have intended.

The author states that the rods were indeed shipped on 10th September 2008 on board The Samba Carnival a ship chartered by Amazona Ltd from the shipowner, Pacific Liners Inc., and Segal had prepared a bill of lading for the Master of the Samba Carnival to sign but unfortunately the date was incorrectly recorded as 11th September 2008.

Advances in communications and transportation, as well as increases in international trade and economic relations, have contributed to the development of a global drug network. Over the past 20 years, the trafficking of illegal drugs has undergone significant change with both the production and consumption of drugs reflecting global economic realities.

The development of novel categories of negligence should proceed incrementally and by analogy with decided cases. As there were n such close analogies, the court should proceed with great care before holding liable in negligence those who have been charged by Parliament with the task of protecting society from the wrongdoing of others. 

Therefore disability cannot be judged from the physical appearance or presence of a person. The Disability Discrimination Act identifies a person to be disabled if there is a mental or physical defect that constitutes an adverse or substantial effect in the long run and inhibits the person from performing daily activities in a normal manner.

The idea of the CPA is to have the same rights as a married couple under the law, but how can it be considered equal when the legal requirement for marriage is that one is born male and one is born a female. Even this definition is debatable. If one member of a marriage has a sex change, what then? The controversy continues. 

The fact that the settlor permitted the trustees to exercise discretion indicated that a uniform distribution was exactly what the settlor was avoiding. The conclusion is that it is not necessarily easier for the court to supervise a discretionary trust when the complete list of beneficiaries is known in advance, than when it is not.

The charter of the European Union is based upon different economic theories which have been proposed to discuss the impact of minimum wages on labor market. The proceedings of the labor market are based on the exchange of resources between the employee and employer, the employee receives wages in return for their labor services to the employer.