Law Essays

The author states that college students also find it odd that they may be targets for identity theft when they feel that they are safe at school and don’t have a lot of information that thieves could steal from them. That, however, could not be farther from the truth. Students are often among the most targeted.

Conversely, the current liability for negligence claims for sports injuries involves fault considerations based on legal theoretical concepts determined through judicial precedent, which are inherently limited within the confines of the established legal principles of duty of care, proximity, and negligence. 

I was compelled to locate the appropriate statutes and case law that would qualify her as a consumer, which would in turn qualify her to file for damages. The manufacturer of the defective product had liquidated, so Sue did not have recourse in pursuing the company which was originally at fault. I was again compelled to research the appropriate statutes.

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.

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 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.

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.

In the UK, the advent of the Enterprise Act 2003, empowers investigators to enter into the premises of undertakings to search for evidence that is likely to incriminate undertakings who have for example entered into anti-competitive agreements or formed cartels. Company directors could also be disqualified under the Enterprise Act. 

The republic debate is doubtless to draw a fair degree of rhetoric from all sides, but in the midst of rhetoric the hope remains that there shall be enough room for a genuine effort to reconsider the traditions of the past, to change the constitution and the system of government for a better future, aiming to improve the quality of the democracy. 

On the 27th of September, the Federal Court in California granted summary judgment in the famous case of “Grokster: peer-to-peer file-sharing” finding Stream Cast Networks liable for copyright infringement. The Court found “over-whelming” evidence that “Stream Cast Networks Inc had enticed customers to use its file-sharing software and later a website to download hundreds of thousands of copyrighted works.”

What distinguishes the area of free speech from other “legally-indeterminate” areas is that it is inextricably intertwined with and largely dependent on language which, as many eminent linguists have said, is arbitrary in the sense that meanings cannot be derived from anything logically-inherent in the words.

Exploiting the international climate favoring "counter-terrorism", many governments reinforced and renewed their crack-down on political opponents and others whose loyalty they doubt, such as trade unionists, journalists, religious and racial minorities, and human rights defenders. Governments are not entitled to respond to terror with terror. 

The author states that Hamilton would certainly have agreed with the idea of supporting banks and businesses with direct government payments, loans, and contracts; giving tax credits and tax breaks to private citizens perhaps less so. He would strongly favor its apparent support for limiting and dispersing political power.

Sellers and Internet auction operators, including overseas-based sellers and operators, need to be aware of their potential liability under the provisions of Part V of the Trade Practices Act 1974 and/or equivalent State and Territory Fair Trading legislation, where they sell or are involved in the sale of products to Australian consumers.

This is an experience of interpreting, reformulating, systematizing, supplementing, and applying an accumulation of officially recognized practices, precedents, and prescriptions, which relate to problems of government and of maintaining social order and control. In other words, lawyers and legal officials experience law, professionally, as doctrine: established rules, regulations, etc.

Conventions play an important part in all constitutions but are perhaps particularly important in Britain since the constitutions remain un-codified. The maxim of the British Constitution is that the Sovereign can do no wrong, but that does not mean that no wrong can be done by Royal authority. The term was originally coined by A.V.

Proceeding from an acknowledgment of the difficulties inherent in the effective exploitation of the criminal manslaughter law, the dissertation has proposed a number of possible reforms, among which are the imperatives of redefining the entire concept of corporate liability and criminal manslaughter.

The latter half of the twentieth century and the years into the twenty-first are marked by a marked shift in cultural values. It is not farfetched to say that this period has seen the prevalence of consumerism and materialism, with a simultaneous decline in more sophisticated cultural pursuits. This historically unprecedented development has led to new ethical quandaries.

The author states that the doctor had conducted all standard forms of examination which showed the man’s heart was normal. However, the man suffered a heart attack the next morning. The doctor failed to check the man’s blood and its behavior. Most probably, there was clotting of blood in and around the man’s heart.

Albeit the case is a local one, before the test is completed it will have far-reaching implications and impact throughout the entire European Union. The issue of fairness is one that we are all compelled to deal with daily. Consequently, we are all familiar with its challenges, even for the most reasonable of men, we are perplexed by the paradigm.

The author states that multiple pressing international issues like wars, international trade, digital connectivity and sanctity, cybercrime, international crime, climate change, and environmental degradation has manifold augmented the importance and relevance of the public international law.

Hazel Khan bought a residential flat in Mansion House subject to a mortgage from Southwark Council. The purchase price of the property was estimated to be 47,500 and the amount of the mortgage was 17,500. Before approving the mortgage, the Council instructed Sam to inspect the property and prepare a report on it.

Intentions mean the state of mind desiring to do something, it may be positive intention or negative intention. An intention to save a person is a positive intention and an intention to kill a person is a negative intention. The positive intent state of mind results in positive activities the negative intent of mind leads to negative activities.

In the Third Restatement, the behavior is not in the scope of employment “when it occurs within an independent course of conduct not intended by the employee to serve any purpose of the employer.” Based on the Restatement of Agency, §7.07 an agent’s behavior will not be within the scope of employment if such a behavior is independent.

WCC and CC have always been in comparison with other types of crime, especially conventional property and violent crimes.  Even in situations when corporate criminals go to prison, there is a concern for how long and in which institutions the criminals would remain in comparison with conventional criminals.

Criminal behavior is an act that violates the norms of society according to Sociologists-Criminal act can also be an act that violates the laws of the land in a formal setting according to the oxford dictionary of law. Criminology is the violation of socially constituted laws, norms, or values (www.sociology.org.uk; Olmo, 92).

Angela, who was 15 years of her age, was quite mature to realize the focus of her love and feelings towards her two younger sisters. Its all in human nature, love can project its presence anywhere and everywhere. It has been several times that the real sisters do not respond to the need of each other. 

It is evidently clear from the discussion that this case is a personal injury incident happened on August 10, 1999. Madam Liu was plying her trade in Tung Choi Street when struck by a piece of concrete falling from an adjacent building, known as the Kwok Wing House, which has a famous bookshop in its ground floor.

The current prison crisis in England and Wales can be overcome by building more prisons to some extent in the short run but the positive impact will not be long-lasting. As a matter of fact, increasing the number of prisons in England and Wales will lead to enhanced space and cells for the same number of prisoners in the short run.

Unique in the history of the U.S. Judiciary is the service of two Harlans as associate justices of the Supreme Court - John Marshall Harlan, and his grandson, John Marshall Harlan II. Both were raised to the law and both served with diligence, intelligence, and integrity. Their contribution to the U.S. Judiciary is significant and noteworthy.

In 1995, Ann, Brenda, and Claire, all in their early twenties, decide to pool their resources to buy a house together in order to get on the ‘property ladder. The freehold of a house was bought and registered in the joint names of the three of them. But there was no declaration of the beneficial interests that they were to hold.  

 It can also mean the cognitive process whereby two or more stimuli are well-known. Discrimination usually consists of one or more of the following; People who are treated differently based upon their sex, race, color, nationality, ethnic or national origins, marital status, religion, sexual orientation.

The Constitution also reserves some rights for each individual state and therefore establishes the US federal system of government.It defines three the three major government arms namely the executive under the leadership of the President, the judiciary headed by the Supreme Court and the legislature consisting of a bicameral Congress.

However, it was broad at the same time as it included not only physical genocide, but also acts aimed at destroying the culture and livelihood of the group (Genocide). There have been a number of debates regarding the proper definition of the word "genocide".

There are five possible responses to climatic change due to greenhouse gases. The first reaction would be to accept this as a matter of fact and do nothing. This ultra-conservative strategy tries to hide behind the untenable view that the signals of greenhouse warming are still hidden in the noise of normal climate change.

She would be denied entry to UK on this basis. To gain entry to UK, she will have to arrange for private treatment, for which she will have to pay for herself without the need to work during her stay

The author states that the cause for searching a vehicle will be based on illegal usage of narcotics and will not require a warrant while the cause for searching a residence will be drug dealing activity and will demand a warrant. According to the current law, police must have a warrant before trespassing on private residences.

The rejection of goods and termination of contract can entitle a reimbursement of the purchase price paid but this option is only available for a certain category of goods and such an option may not be available due to intervening factors. Thus the buyer could be left only with the option of claiming for damages.  

The problem for the claimants is that they bear the burden of proof since moral damages are categorized in law as an award designed to compensate claimants for the actual injury suffered and not to impose a penalty on the wrongdoer, which principle was set in Keirulf v Court of Appeals 269 SCRA 433 (1997). 

Where there is a breach of warranty by the seller, or where the buyer elects (or is compelled) to treat any breach of a condition on the part of the seller as a breach of warranty, the buyer is not by reason only of such breach of warranty entitled to reject the goods; but he may set up against the seller the breach of the warranty.

This was followed by the Breton woods regime of 1946 to the floating of the pound against the US dollar in 1972. This was followed by the introduction of inflation targeting which lasted till 1992. From 1992 up to 1997, there was a more radical inflation targeting regime. In, 1997, there was the introduction of the current monetary policies.

The research will compare, contrast and illustrate situations where the two laws are applicable.The author of the report has presented one examples of case law where the precepts and statues of the law has been applied to resolve disputes. The Railway Labor Act was established to provide jurisdictional relief.

The purpose of this essay is to address the legal issues in the case of Churton and Silver with regard to their unpaid loan with Rick It Merchant Bankers, Ltd. For this essay, I shall be discussing the legal viewpoints of contract law that surround the circumstances of the case at the bar and will advise Risk It on its legal rights.

The death penalty has injured surviving family members of murder sufferers by precluding the logic of closure awaiting capital punishment arises. In addition to the points to New Jersey's olden times as verification: New Jersey re-establishes the death penalty during 1982 but hasn't put to death any person since 1963. 

A recurrent problem arises from cases where the courts have accepted that it is a nuisance to prevent someone from getting access to land in contrast to interference with the use of the land. The blurring of the distinction between the two has obfuscated the underlying purpose of nuisance law protection.

Probation is a judicial sentence that releases convicted individuals into the community rather than placing them in jail or prison under the surveillance of sorts by Probation Officer. Probation is the paradigm of criminal justice, dating back in the ancient days as of old as 1841. John Augustus a Bostonian was the first probation officer to institute these disciplines as an alternative to incarceration.

There is likely to be strong local opposition to this development because of distrust for nuclear power generally and because part of the site is located next to a European special protected area under the Birds and Habitats Directives. The issue is aggravated due to mixed ownership of the farmland where the project is proposed to be developed.

The author states that legal processes respected by the common law such as adversarial contention and a place for juries enable close attention to factual circumstances and presents opportunities for practical knowledge. The emphasis of customary law is the enumeration of specifics rather than the assertion of principles.

The author states that the remaining powers οf the monarchy derive from Common law. The convention is unwritten rules that keep the behavior οf the constitutional figures in check. These conventions are also hard to put a date on as they can date back centuries. It is charged with directing the nation's affairs.

245). The creation of balance in the society has been the main aim of this particular law, but as the specifications of its implications suggest a massive change in the society's set up, debates run into criticism over the strength and applicability of this particular law.