The case involving Garner against Tennessee is 1985 is a case under the Fourteenth Amendment to the American constitution which allows law enforcement officers to use lethal force for purposes of preventing a suspect from escaping. This force is only allowed if the suspect is dangerous, and the officer can prove that their lives were in danger.
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According to the study in the US hospitals in 2010, an estimated 73, 505 persons were treated in emergency departments for wounds resulting from non-fatal gunshots. Compared to other high income countries, the rate of firearm homicide in the US is twenty times greater than that of other high income countries.
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The author states that based on the law, a contract between an employer and both an employee and an independent contractor must satisfy essential elements of a contract for enforceability. There must be agreement between the employer and the employee or the independent contractor and an “intention to create a legal relationship”.
The paper tells that there are always tensions between one’s conscience and human law, but conscientious objection of laws can have significant interpretation to promote human rights, particularly during unjust circumstances. The conflicting nature of the individual’s conscience with that of social or personal beliefs and laws has possibly contributed too many atrocities in world history.
There are arguments which rightly proclaim that jurors are too ill-equipped to understand even the most ordinary of the court proceedings and most of them come from illiterate classes. They are too naïve to be said that they represent societal sections. Most of them cannot use computers and even computer feeding of case knowledge becomes impossible.
The paper compares place chosen by parties and place of perfection of contract. When relying on Article 3 of the EC Convention on the Law Applicable to Contractual obligations, one must be able to “demonstrate with reasonable certainty that the parties have chosen a particular law as the governing or applicable law; it must be the real choice which the parties had a clear intention to make.”
The study leads to the conclusion that synthetic securitization would be favorable to the bank-investor as the assets absorb the risk on the securities, which serves collateral to the bonds. The fact that the originator will not assume risk over the securities is not a primary setback as assets secure the bonds.
This research will begin with the statement that most bondholders employ a trustee to oversee the transactions involving their bondholding. A trusteeship agreement embodies in the Trust Deed the conditions and obligations involved thereon. Like any other contracts, the provisions of a trust deed govern the relationship between parties.
The British Nationality Act 1981 restricts the acquisition of the status of a British subject to persons on whom the British Nationality Act 1948 bestows this status. Persons who had been citizens of the UK and its Colonies under the 1948 Act, but failed to become citizens of the country where they lived, would continue to enjoy their status as British subjects.
Document Possession Policy may do well as it has been applied successfully by the counsel for BAT Mr Claton Uts. The court may not ask to produce a document which is not in the possession of the firm or company, hence if by the document possession policy, the relevant documents are kept with someone other than the company, the Court may not compel the defendant to produce these.
Under English law, there is an implied clause in a contract of sea carriage that the goods are seaworthy per se, and dangerous goods would not be shipped. English laws do not concern themselves with the classification or class of dangerous goods, but is more interested in whther there is a real threat that dangerous goods may bring about.
Crossley sued for breach of an implied term of the employment contract requiring it to take reasonable care for his economic well-being, by asking him to submit a resignation letter knowing that this would seriously prejudice his entitlement to benefits under the scheme, and by failing to warn him of the effect his resignation would have on his entitlement to benefits.
b) Sue is buying a house and goes to her local building society to arrange a mortgage. The mortgage company employs Notsogood, a firm of surveyors, to provide a report (at Sue’s expense) for them on the house she is hoping to buy. Notsogood is in a hurry and fails to report on some dry rot. Sue is shown the report by her building society.
Arthur was in a gang. He frequently carried a knife which he said he did to protect himself. He regularly used cannabis which made him paranoid and he frequently had psychotic episodes where he thought he was being attacked by aliens.
The criminal justice practitioners in this case may have many special skills that allow them operate under any form of pressure, which does not happen due to the high levels of corruption. Such murderers hardly know what they are doing and it is the responsibility of the society to try to eliminate their chances of killing people since psychopathic murderers lack the capacity to control their behavior.
Crime has seen many people lose their lives from gunshots and fights. According to Nicholas, a researcher who emphasizes more on the use of fast track to reduce crime, many young youths end up in crime due to lack of money and the only way they make quick money is through robbery, selling drugs and engaging in street fights, which relate to violence.
The use of mobile billboards on vans traversing target areas, such as major towns in Kent city would encourage creation of awareness to most of the immigrants. This would sound to them the alarm of imminent arrest for being in the country illegally, and this was targeting particularly those immigrants who were unwilling to take up the offer of voluntary departure from the UK.
The author states that the district court upheld the Tennessee statute, and confirmed as valid the actions of the officer to have used reasonable force to effect an arrest. However, the higher court reversed that decision and questioned the authenticity of lethal force, if it left the suspect without life.
Despite these policy measures being put in place, the crisis for high dropout rates particularly for the young African American males remains high. Thus, addressing this concern is the key to facilitating in addressing the issue associated with school to prison path that most young African American males follow.
"Disability is the loss or limitation of opportunities to take part in the normal life of the community on an equal level with others due to physical and social barriers”. Disability has become an important issue for politicians the world over. The Chronically Sick and Disabled Person’s Act 1970 of the United Kingdom ensured better services for disabled persons.
The European Community Act 1972 also incorporates all treaties, conventions, and law of the European Community. As a result, the claim for unfair dismissal by the three aggrieved employees against Vintage Plc will have to be examined against this legal background.
The three strikes laws mandate that habitual offenders should be meted with higher punishments compared to first-time offenders. In applying this rule to offenders, the three strikes laws significantly increase the prison term of people who have been previously convicted of other forms of offenses.
In the event the Member State fails to accept the opinion, the Commission commences judicial proceedings against the infringing Member State. Under Article 228 the Commission is at liberty to impose penal fines against the Member State subject to the Article 226 process.
The main objective of the paper is to outline the major flaws in the Libyan legal system that emanate from the cultural and religious influences. The paper will look at the individual issues that come from the poor and retrogressive traditions applied in Libya that act as major deterrents in the attainment of justice.
At the time, I was 19 years-old, and back in China, we drunk with my family when we had meetings, or when celebrating special events like the Chinese New Year. Since my arrival was close to the new year, it was also the first time I would drink and celebrate with my friends, and not my family – indeed.
The author explains that natural laws are also referred to as the laws of nature. They are universal since they were there before the existence of human beings, hence, determined by nature. Classically, natural laws refer to using construct reasoning in analyzing the nature of human either personal or social.
The law of contract stipulates three fundamental requirements for the formation of a legally enforceable contract; namely; offer, acceptance and consideration (it is important to note that contracting parties must have legal capacity to enter into a contract and it is presumed from the facts given that capacity is not an issue in this case).
It is a private recourse to resolve the disputes chosen by the parties themselves. It is an effective way to resolve issues without turning to the courts of law. What looks like a business meeting to outsiders, actually considers domestic law and International treaties. The parties in arbitration can choose the procedure.
The right of Religious Freedom is guaranteed under the Free Exercise Clause of the First Amendment to the U.S. Constitution. This right enables an individual to practice any religion of his choice, without interference from the Government. Most importantly, it separates the powers of the Church from the Courts.
Recidivism is the tendency of criminals and other offenders to re-engage in activities which had led to their punishment despite having spent time in prisons. Recidivism rate, on the other hand, is the percentage of inmates who are released from prison and then arrested and re-incarcerated within a certain period of time usually three years.
The research needs to be classified in three phases to enable to researcher to complete the study in an appropriate manner. Each phase will focus on attaining the objectives identified. A formal organization is one that complies with important rules and has all the necessary requirements of a standard organization in national context.
The lack of a formal written constitution has not dissuaded the hundreds if not thousands of capitalists from settling and conducting its business within the borders of the United Kingdom. The number of immigrants that constantly keep the culture, and gene pool of the United Kingdom healthy is likewise not daunted by the lack of a written constitution.
As tyhe paper highlights the constitution is unwritten in one single document, it is not entirely unwritten. It is also mostly embedded in the written form through various statutes, judgments and treaties apart from the conventional principles. Parliamentary sovereignty is the fundamental principle of the un-codified British Constitution.
Divorced parents must provide custody information that is set forth from the court order. In cases where the parents are divorced, the courts may order for one of the parents to have full custody of the student. In this instance, the parent who has lost his or her custody may not have written permission to access the student’s educational records.
Having exhausted the fundamentals of arbitrations agreements, it is plausible to note that privity of contract is synonymous in both local and international laws of contract except where it impacts on administrative interest. That notwithstanding, every arbitration law endeavours to provide protection to its parties without necessarily attracting legal relations.
In author’s perception, though the conditions may be suitable to break such laws owing to the fact that it would not hurt anyone, it will be critical to obey implemented traffic laws and stop. The rationale behind this is that individuals have a tendency to learn various habits which may become difficult to eliminate.
The author provides a good example, the antitrust case against Microsoft. The 2001 US antitrust law case against Microsoft was triggered by the fact that Microsoft was growing at an exponential rate, amassing great wealth, resources and power. Microsoft’s tight grip and control in the market made Microsoft executives want more control.
According to the research findings, it can, therefore, be said that the prosecution will try to prove that Tom was indeed controlling a prostitute for gain and he would assault her if they did not comply with his demands. The prosecution will prove this by presenting several pieces of evidence discussed in the paper.
The candidate must have the right motivation to participate in the intensive supervised probation program. He intends to use the period to prove that he has abandoned his illicit ways and use the platform to use the skills he gained in college. Kris intention to marry after a successful probation period is a guarantee that he will be a perfect candidate in the program.
When the officers go to serve the individuals concerned with such arrest warrants, the individuals may choose to lock the offices out of their residence, so that they do not receive the warrants. The individuals can also opt to harm the officers serving them with the warrants or even harm themselves to ensure they are not arrested.
The study leads to the conclusion that as evidence to the contract of carriage, the contract may have negotiated orally and the terms agreed upon by the shipper and the carrier long before the bill of lading is issued as the discussion above had explored. In this case, the terms of the contract may not all be included in the bill of lading itself.
Gracie may be held liable for tort for the broken ankle suffered by Brenda and not the employer, under tort for vicarious liability, because the act in issue did not occur in the course of employment as contemplated in the Salmond Test. A master is not responsible for a wrongful act done by his servant unless it is done in the course of employment.
Peter wishes to demand specific performance of the contract between him and David regarding the house as he intends to live, at the very least, the stipulated 10 years of the contract. In doing so, Peter needs to affirm the contract exercising his right of election as a result of the breach of contract.
In a contract of sale, it is important to understand when the title to the goods passes and also when the risk in the goods passes to ascertain the rights. The law relating to a transaction of sale is so complex that it requires a number of details including the basic terms under which the contract was entered into to decide on the issues.
An e-mail sent through the company e-mail id will be seen as an official company statement. Any e-mail that tarnishes the public image of the company will be harmful for it. However, the company is not obliged to monitor all e-mail messages. In case of disputes, the company will try to distance itself from the case as much as legally possible.
Kim Johnson has pledged to not being guilty and has claimed for affirmative self –defense along with the defense of other suspects in the case. During the trial at the court, evidence was revealed, for and against the suspect of the murderer, i.e. Kim Johnson, who is the defendant in this case (Thomson Routers, 2014).
The Court explained that the manufacturer is not required to contemplate misuse by any careless, ignorant, or incompetent person (Murphy v. Cory Pump and Supply 382). The alleged defect in this mower was not latent or concealed (Murphy v. Cory Pump and Supply 382).
Tracking the historical progress of International Human Rights evolution turns our focus to all those aspects that have plagued the human race since the inception of human civilization. Great humanitarians, philosophers, social activists and general people have raised their voice against torture of human beings in different times.
Politicians can sometimes resort to political expediency when it comes to certain social, political and economic issues. This is a good way for how democracy works out because it shows that politicians are at least quite sensitive to the public purse. However, there are some issues which can get very contentious like the issues of divorce, etc.
The police force apart from maintaining civil order is generally charged with the responsibility of protecting private and personal property, enforcing the law and investigating the crime. In order to achieve their core purpose and mandate, police officers are often given power by the law to use force.