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Most legal systems including the UK recognize the “seat” of the arbitration of which geographical and legal jurisdiction determines the procedural rules which the arbitration follows, and the court that exercises jurisdiction over the seat has a supervisory role over the conduct of the arbitration in instances as mentioned earlier.
Throughout the presentation of the defense's case, a number of counteraccusations by the family of Eratosthenes were mentioned and of course, summarily dismissed. Their presentation here will be useful in scrutinizing some of the important claims that Euphiletus deploys in order to exonerate himself of any wrongdoing.
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This shows that reconviction rates are also on the increase implying the little effect of deterrence among the offenders. There is a fall from 21.2 % to 12.4 % in reconviction rates by previous convictions during the period from 1997 to March 2001. The figures raise the question of whether punishment by imprisonment is really effective.
Stephen Lawrence was killed by a gang of white youths in 1993 at Eltham, southeast London. Although this gang was arrested on murder charges were framed against them. The Daily Mail, a national newspaper, published front-page stories accusing this gang of being murders and challenged them to sue it, which they never did (Black in Britain, n.d.).
Vehicle insurance is usually a fixed cost regarding vehicle use. When reducing their mileage, the drivers do not find any insurance cost savings. Pay As You Go pricing changes insurance to a variable cost regarding vehicle travel (Litman, 2002). This means that the premiums are directly related only to annual mileage.
When a police officer views a black person or other minority, and the officer does not have anything else to substantiate criminality, he pulls the black person over for a pat down on the hope that he may either Find a weapon or drugs in his possession.
The paper shall analyze what sociological or criminological theories adequately explain these trends. Criminology is the scientific study of crime and criminals vis-à-vis society. To know more about crimes they have to be measured and recorded. Measuring crime and Criminal Behavior is one of the most important functions of criminology.
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.
The author states that when specifically prohibited by eBay, Bidder’s Edge acted against eBay’s prohibition and began unauthorized automated searches through proxy servers that confused eBay’s system as to the origin of such searches. When eBay discovered this, it went to court. The actions of Bidder’s Edge mattered to eBay.
In Mr. Green’s case, since he had the suite for a short time and as a consequence of the fact that it was faulty and misdescribed (shower cabinet), he is entitled to a refund. Since Mr. Green has decided to try to reject the car, he must stop using it and contact the seller/finance company to clarify his rejection and reasons thereof.
Laws are used to protecting the rights of people. In the business field, many disputes arise due to disagreements between buyers and sellers. Disputes may vary from one consumer to another and one seller to another. Most of the time the disputes are based on infringement of laws by one or both parties.
The cases showed that when the individuals involved were subject for interrogation, they were not informed by about their right to remain silent and their right to representation. After these warnings were given, a defendant could knowingly and intelligently waive these rights and agree to answer questions or make a statement.
Not only does the state have the responsibility of protecting all citizens, but it also has a shared responsibility in protecting our youth, those often the most vulnerable and least able to speak for themselves. The Children Act 2001 is a means to give children their voice, yet many of the key components to achieving this still sit idle waiting for the government.
The author pushed for new legislation which calumniated in the inclusion of special provisions in the federal violent crime control and law enforcement act of 1994 which required released sex offenders and those who commit crimes against children to register with the local police and notify the authorities of any change of address.
Another police investigation, revealed that another resident of the apartment building, a white male, age 15 years, discovered the victim's wallet in a stairwell between the third and fourth floors at approximately 8:20 a.m. 1. The offender-based typologies developed by Garofalo and Ferri complement Lombroso's scheme.
Recommendations are one of two kinds of non-binding pronouncements that may be issued by the Council of the European Union and the European Commission. Like opinions, they do not constitute instructions, but merely express the preference of the European Communities (EC), and may be disregarded by the Member States.
The question the layman has is whether these gangs are mere criminal groups that operate within their areas of residents but on a closer look and with the evidence of similar crimes committed elsewhere, a shadow of a doubt is always cast as to whether the gangs operate within larger scales than that which meets the eye.
The author states that there is an overwhelming need for stringent law enforcement at global levels in order to reduce criminal and terrorist designs. There are basically four types of teams for the achievement of goals and objectives of the organization and they are known as problem-solving teams or quality circles.
The main laws that were passed to address the issue of discriminations against ethnic minorities are as follows.
The Race Relations Act was first enacted in 1965, the main scope of which was to make it unlawful to physically stop people from entering hotels, cinemas and some other public places.
Therefore this research shows why it is important to have specific laws to protect against an intrusion into privacy by instating Tort laws that show a breach of confidentiality is the same as an intrusion on privacy and therefore can be penalized in the court system.
The better part of the answer will however discuss whether S and A can rely on the direct effects of the Directive. This will be followed by a discussion of vertical and horizontal direct effect, the rules and regulations in applying this, the differences between the enforceability of rights contained in regulations and directives.
As a matter of course and as a matter of law, the said directive cannot be transposed into a statute which attaches the qualification or condition that the payment of the afore-mentioned compensation can only be made if the accident is due to the gross negligence of the employer.
This is done by resolving a case study which revolves around three parties – the lessor, the lessee and the contractor. The paper is divided into two sub sections: the first section specifies the definition, meaning and relevance of the comparative law.
The author states that Rule Utilitarianism states that “our duty is not to aim for that act which will produce in fact the best overall consequences (because of the impossibility or impracticability of predicting these) but to follow that rule which would have the best consequences if generally followed.”
In general, judicial review is the power of the courts or of judicial bodies under the judiciary department to resolve issues that bear on the interpretation or construction of laws, including the constitution, the fundamental law of any sovereignty. In United Kingdom jurisprudence, judicial review is a process whereby courts or judicial bodies supervise the exercise of a public power.
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.
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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.
The judicial court will consist of the prosecutor, the defendant, and the judge. Advisors are advised to sit the second chair to the prosecutor and defense attorney, who may also be an advisor. The judge for the organization will be selected prior to the allegation by a majority vote of the members.
The short-term effects of heroin abuse appear soon after a single dose and disappear in a few hours. Following this initial euphoria, the user goes "on the nod," an alternately wakeful and drowsy state. Mental functioning becomes clouded due to the depression of the central nervous system. Other effects included slowed and slurred speech, slow gait, constricted pupils, droopy eyelids, impaired night vision, vomiting, and constipation.
Generally, in contemporary society moral norms are what give us guidance and allow orientating in a changing world. Those are moral norms we use to teach the growing child what is good, and what is bad. As moral norms are developed through moral reasoning, it is vital to be acquainted with this technique.
The author states that rights related to copyright include those of performing artists in their performances, producers of phonograms in their recordings, and those of broadcasters in their radio and television programs.” In simple words, intellectual property may be called a generic term for a set of legal instruments.
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.
A modernization of the system is long overdue. In order to keep up with the times and to keep a society that is protected from crime while at the same time maintaining its adherence to human rights and civil liberties, the system needs to be revisited from time to time. Antiquated concepts must be thrown out.
The infringement proceedings consider whether the breach is intentional or involuntary, excusable or inexcusable and whether the Community’s position may have contributed to the infringement. A member state commits a breach of Treaty only when it “deliberately ignored or disregarded the Community law.”
The lender Has such a right because he either has a legal term of years in the property under S .85(1) or s. 86(1) Low of property Act 1925 or, where the mortgage is created by A charge by deed by way of the legal mortgage under s. 87, he has the same protection, powers, and remedies as if he had a legal term of years in the Property.
The trade-in the European Union can be considered one of the considered focal points in terms of an economic process that transcends the national and domestic boundaries. For that matter, the dynamics in the said process of trade and the exchange of products and goods can be considered an essential issue to discuss.
Seigel dragged Merrill Lynch to court for the lapse. The court, however, ruled in favor of Merrill Lynch since the plaintiff was indebted to the casinos. Seigel owed the casinos monies for the losses incurred by him in gambling.
Under UCC 4-403 and 4-407, Seigel did not suffer actual loss from Merrill Lynch mistakenly making payments to the order of $ 143,000.
Before this I will provide a shot history of general law and its relationship to social contract theory and moral philosophy. The influence of Dr. Henry Morgentaler on the evolution of abortion law will also be explored, as he is responsible for much of the progress made in the area.
How far can the innovations be protected from being illegally copied? The justification on part of the innovator from stopping its innovations or products from being replicated in some other form needs to be debated both on ethical and moral grounds. This argument is particularly common and debated in the pharmaceutical sector.
The general principle of foreseeability and proximity applicable in solving cases presenting the existence or otherwise of a new duty situation was laid down by LORD ATKIN in the celebrated case of Donoghue V. Stevenson. The existence of a duty situation or a duty to take care is thus essential before a person can be held liable in negligence.
Post employment restraints have been around for centuries, but have been popularized in the legal profession due to a number of suits that are based on whether or not a certain restrictive covenant is legal, reasonable, or enforceable to the case at bar.
The purpose of this paper is to give an example of a gentleman’s agreement, apply this concept to different types of people, and use specific examples and explanations to illustrate the point. For example, if an employee at a company says they will get you a job and you have nothing to worry about, this is an example of a gentleman's agreement.
This essay concludes that given the widening gaps on laws now to include European Union’s enactments and directives, Parliament is way off. This endangers the supremacy of Parliament and gives judges a leeway beyond necessary to interpret laws and Acts. And the absurd may at most points encroach on peoples’ lawful, peaceful lifestyles.
As per Article 4, National laws or regulations, collective agreements or arbitration awards may authorise the partial payment of wages in the form of allowances in kind in industries or occupations in which payment in the form of such allowances is customary or desirable because of the nature of the industry or occupation concerned.
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Duty οf care means a duty to take reasonable care or exercise reasonable skill. Basically, the court observes recognized duties οf care between professionals and clients, manufacture to the consumer, schools to students, employers to employees. Duty οf care is the legal requirement that the defendant must stick to a standard οf conduct.
The Criminal Justice Bill is heralded as the harbinger of modernization in the legal system, mostly in favor of witnesses, victims, and the communities. It has one mission: reducing crime, helping the fallen, and preventing further criminal activities, covering areas like detection of the crime, arranging the witnesses, punishing the deserving, and rehabilitation.
The author states that laws that regulate the time, manner, and place, but not content, of speech in a public forum, receive less scrutiny by the Court than do laws. It is not necessary that a content-neutral law be the least restrictive alternative, but only that the government's interest would be achieved less effectively without it.
At the beginning of the XXI century, the policy of affirmative action is still of vital importance. Politics and human rights policy have changed significantly throughout the twentieth century, notably in relation to attitudes about race, gender, and sexuality.
In the economic theory of crime--starting with Becker (1968, p169-217) and developed by Ehrlich (1973, p521-565) and others--individuals allocate time between market and criminal activity by comparing the expected return from each, and taking account of the likelihood and severity of punishment. When deprivation is based on characteristics, such as race, these sentiments can be highly pronounced and can find expression in the form of violence.