Law Essays

There are many other universal human rights instruments such as declarations that “have no binding legal effect, but….(wield) undeniable moral force and provide practical guidance to States in their conduct” as well as covenants and protocols that are “legally binding for those States that ratify or accede to them.”  (OHCHR)

This proposal seeks to study the impact of price control on generics medicines on the pharmaceutical companies of the U.S. and how they should face the challenges to survive the impact. This proposal sets the outline for studying the impact of the U.S.

Equity to the layman means fairness and justice, but in the legal context, its meaning is much more strictly defined. There are rules of equity; it must obey the rules of precedent as does the common law1. Though the foundation of the equity can be traced back to the Norman Conquest (1066), its impact today remains as strong as ever.

He purports that freedom is not an absolute entity and maintained that it is subjective and extremely situational. He describes governmental freedom as one is bounded and contained within the confines of legislature. He describes an intricate system of checks and balances wherein governmental officials are given clear and concise boundaries for the guidance of their actions.

Child welfare is an important issue in any country. In Ghana, this responsibility is shouldered by the nuclear or extended family of a child. Nuclear family include the parents, while Extended family includes, the grandparents, uncle, aunty, or any other relative.

However there may be grounds available to contest your arrest as I will detail below. Police powers have been provided under Section 6a of the Law enforcement (Powers and Responsibilities) Act 2002, specifically to control public disorder, providing policemen the power to seize vehicles, mobile phones and communication devices.

One case I briefed on real property showed the controversy in the use of the government’s power of eminent domain. Kelo vs. City of New London (2005) was a case where the owners of real property filed suit against New London for expropriating their land in alleged violation of the Fifth Amendment of the Constitution.

Therefore first I have selected to read books on the practical skills of lawyers. I started my research from the library for Textbooks on legal research, skills of lawyers and other law books. I have scanned several books. I studied a couple of books, selected one book “Skills for Lawyers” published by Jordans Publishers.

In the Berge Sisar case, it was decided that the holder of a bill of lading was not deemed to assumed the liabilities under a bill of lading simply because he drew samples out of the bulk before the clearance of cargo. As has been decided in the case of The Giannis NK it is not the intention of the legislation to make the intermediaries liable. 

Legal right to property means that one will be able to rely on the protection of governmental agencies in case these rights are encroached upon. But different types of rights enjoy different degrees of legal protection (Ibid). Property law influences the allocation of scarce resources and goods and services, but property law differs from state to state.

The most common are the misrepresentation Act of 1967, the Trade Description Act of 1968, the Unfair Contract Terms Act of 1977, the 1979 Sale of Goods Act, the Consumer Protection Act of 1987, the Sale and Supply of Goods Act of 1994, and the Sale and Supply of Goods to Consumers Regulations of 2002.

The payment also includes cash payment made to any person other than the company allotting the shares. The Act has prescribed greater restrictions on public companies as to the form of consideration that they can receive against the issue of share. 1 Therefore the issue of shares against the consideration of lease rent can be considered valid. 

Further, they denied her request for a contact order to be added to the adoption order. The appeal was dismissed on the grounds that the original judge was not found to be ‘plainly wrong’ in his ruling based on the current laws. Because of this, the grandmother now has little chance of having any sort of contact with her grandchild.

The author of the paper states that MSG in its turn tried to discredit Sanders by showing her as incompetent at her job (not able to handle her marketing budget), sneaking around trying to garner support and demanding $ 6 million for keeping quiet about Thomas’s behavior towards her.

The author states that if you used to worry about getting cancer from the secondhand smoke drifting around your favorite hangout, well worry no more because of the recently enacted Ordinance No. 8-06 bans smoking in almost all public areas. The law will impact everybody's life and will be of great interest to everyone.

On the other hand, "diminished responsibility" is a broad term which embraces so many causes for lessened or extenuated liability. In other words, a felon may be deemed to have a reduced responsibility to a crime committed because of certain mitigating factors i.e.

The process of metrics should be established before the job commences and specified ideally in the contract itself so that either of the parties is clear about the conditions stipulated for completion of work. The metrics should be clearly defined, understood, and co-signed by either of the parties to the contract.

Kirk on the other hand is the principal. Principal is a person who employs another to contract on his behalf. The relationship that occurs between the principal and the agent is known as agency. In Agency, the act of an agent, done within the scope of his authority binds his principal.

Such a claim stands justified in the sense that scientific approaches to life have drastically altered the way people plan and do things. Manifold are the bounties of science and science has brought multiple advantages to the West in particular and to the rest of the world in general. The proponents of science hold that science is a way of life.

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.

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.

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.

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 Sklansky writes that in the case with Charlie Katz 'the Court concluded that agents of the Federal Bureau of Investigation had violated the Fourth Amendment Prohibition against unreasonable searches and seizures' by bugging a pair of public telephone booths from which Katz had placed his bets'.

Extradition within the United Kingdom is governed both by EU and UK-based law. The general provisions are covered in the Extradition Act and the rest are covered through treaties between the US and others. The essay shall focus on the Act, cases that have applied to it, and opinions on overall matters shall be made.

An investigation by the House Select Committee on Aging views the abuse of the elderly as a widespread national problem almost equal to child abuse with the finding that about 4 percent of our older population, or 1 million senior citizens, experience neglect, beatings, druggings, torture, and rape. Criminal law and the courts have, increasingly, been seen as a way into the exploration of gender attitudes and relationships.

Alexis de Tocqueville contended there was little tolerance of minority opinion in a democracy. Public opinion is seen as so genuine that it has greater power than other types of governance. Such a government is also exposed to the caprice of the masses. The principle is that the wellbeing of the several is to be favored over those of the marginal.

The author states that in the state of Arizona, the issue on whether or not only life sentence or death sentence should be given to those who commit armed robbery has sparked concerns and much debate as to whether or not life sentence or death sentence should be given to the defendants and appellant. 

It can be said that the entire concept of laws of the courts was more of an “accident of history” (Wikipedia: Equity) which did date back to the medieval times to the 13th century.  But this is not the court of law that we are most impressed upon today, but, merely a court that enforced what the King would pronounce law at the time of his reign.

Freedom of expression, also known as the right to free speech, is enshrined in Article 10 of the Human Rights Act of 1998, which states that 'Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority.'

The author states that due to the resultant war the occupancy was low and HT negotiated with CLPT to reduce the cost of the lease to £1250 pa for the period 1940-1945. It was done. But after the war was finished the demand increased again and there was a hundred percent occupancy. CLPT sued HT for the full cost of the lease.

The author states that this was seen through the censorship of the print, radio, and television content. The reason for this move is largely political owing to the fact that the Communist Power of China is insecure about its political position and it would like to create a scenario in which the electorate is not aware of their democratic rights.

The common law will be applied only where it is impossible to choose between the parties to the litigation in accordance with the principle that where there is equal equity, the law shall prevail. Therefore, in a situation in which there is no clear distinction to be drawn between parties as to which of them has the better claim in equity, the common law principle which best fits the case is applied (Hudson, 2004, p.9).

But the point in case here is that the offer was made and accepted by the buyer. Had the seller wanted change in terms of payment, he should have rightfully approached the buyer and clarified it. (The very fact that the buyer again sent a letter which did not reach the seller is a different point to argue upon).

Mankind, since the dawn of recorded history, has struggled with the philosophical implications of crime and punishment.  Behind every criminal justice system, regardless of the cultural or political status of the state, there has been an evolving controversy between retribution and the utilitarian models of punishment.

The United Kingdom has no written constitution, not like other states or countries, it has always been the Parliament that has been regarded as the supreme authority with regard to statutes and laws are concerned. The exercise of the Parliament to draft its laws is the only way subsequent statutes can be conformed to considering that there is no written constitution.

By contrast, the abolitionists see the impact of executions as a statement of pervasive importance about the relationship between the government and the individual. Abolitionists in the United States view capital punishment as a fundamental political issue; proponents usually assert that the question is neither fundamental nor political.

The judgment was provided on the grounds that the River House premises as owned by the NHS Trusts were not dangerous and other cases were cited to show the difference between premises that are inherently dangerous and which can pose a risk if visitors take personal risks there fore suffer injuries.

International law, as it exists today, makes one question as to whether it has any real influence in impacting issues between states, related to war/peace, human rights, trade and even crime. This is because the interpretation and application of international law makes it so fluid, that it can be molded by any nation to suit its stand.

The author states that when the word “knowingly” is used in a penal statute for controlled substances, case law suggests that it is normally construed to mean knowledge only of the possession of the substance, not of the weight. More generally, a court can look to the words of the statute to determine the scope of the word “knowingly” in the statute.

The author states that for the donor who makes a property contribution, the tax subsidy also includes the capital gains tax rate that would have been incurred had the property been sold and the net-of-tax cash proceeds donated. This study provides estimates of separate price and income elasticities for cash and property donations.

Concealment of misconduct usually involves falsifying records or documents to disguise discrepancies. The higher the degree of effort to conceal corporate misconduct the more difficult detection will be for unsuspecting management, the public, investors, and the government. Most of the crimes contain two common elements: the intent to cheat someone and the intent to deceive or conceal the truth.

The 1968 Act, however, provides that the accused will have a defense to a charge of theft if the appropriation was made with a claim of right, however mistaken, or in the belief that the owner would have consented, or that the owner could not reasonably be discovered. The Criminal Attempts Act 1981 creates the offense of interference.

In an American business environment, a company is a corporation, or less commonly, an association, partnership, or union which carries on an industrial endeavor. In general terms, a company can be a corporation, partnership, association, joint-stock company, trust, fund, or an organized cluster of individuals (whether incorporated or not).

After extracting the moral and ethical position the writer has adopted, an opinion will be offered as to which piece has had the most impact, along with how and why this result was achieved. The contention is that each article contains elements that elicit both emotional and intellectual responses and that their effectiveness depends not only on content and presentation but also on the moral values and preconceived ideas of the individual reader.

In the case of a controversial and intricate case, as the one discussed above, it is necessary to seek expert opinion by both the defendant, Camilla, and also the applicant, management of Westfield Ltd. who wish to proceed legally against a non-executive director. A lot would depend upon the special characteristic of the company.

The author states that at the time of the previous charge, the defendant was ordered by the court for mental health treatment but was left under the supervision of his parents since he was only seventeen years of age. His lawyer was now petitioning the judge to let the defendant continue the anger management therapy program.

This analysis is on the Oxley V Hiscock [2004] EWCA Civ 546 case that relates to property law and claims of individuals who cohabit a particular property. This is an important case about cohabitants’ property rights and division of assets after medium or long-term marriage. Ms Oxley and Mr Hiscock cohabited a property that was owned by Ms Oxley purchased by her under the right to buy legislation.

According to the study, out of total fraud cases in 2008, 61.5% of the companies had a formal code of conduct in place but even then, the fraud occurred. This shows that having well-defined policies, procedures and code of conduct does little to mitigate the risk of fraudulent activities.

There is a disproportionate amount of black peoples deaths in British Police custody which is never properly investigated. According to the Institute of Race Relations, out of 75 cases of black deaths in custody they recorded in 1991, only one had resulted in a prosecution (of the police) and only in one has the family of the deceased received compensation.1 The United Nations Committee on the Elimination Of Racial Discrimination (CERD) on our concerns about black and minority deaths in custody was instrumental to their finding that there are serious problems relating to deaths in custody and the lack of a fully independent investigatory process.