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There are presently over 490 million consumers in Europe and their spending represents more than half of the Union’s gross domestic product (GDP). Consumers are vital to economic expansion and job creation in the EU. Regardless of this fact in the EU, there is a widespread lack of consumer assurance when it comes to shopping across the borders.
No less than the Court of Appeal decision which is the subject of the instant analysis discussed this quite satisfactorily. In paragraph 6, the verdict makes observation of the fact that many believe that the advantages of mediation or ADR have not yet been sufficiently demonstrated.
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It is obvious that the 15-years lease of the unit on an industrial and retail park given to Able Trading Ltd by Brentchester Investments Ltd in 1994 is coming to an end. The lease agreement provides a clause that states that the tenant would “put the premises in repair and deliver them up in repair at the end of the term.”
The author states that there are those that agree with Gettier, and in order to get any sort of proper opinion in regards to a subject such as this, both the agreements and disagreements must be noted and thoroughly examined. In this paper, we will be arguing the point that Gettier’s refutation of the deduction for justification does have the backing.
When in September 1994 Diane Modahl, a British six times 800m champion (CMM 2007), was suspended, with a four-year ban (Nation Master 2005), by the British Athletic Federation (BAF), and acquitted thereafter (Wikipedia 2008), many were depressed that decisions could be taken by sports governing bodies regarding matters that had not been thoroughly examined first.
Tort law has several aspects that make it different from criminal law. Criminal laws are prosecuted on behalf of society. All fines paid will go directly to the government. In regard to tort law, the injured party will sue the aggressor for causing the injuries and any damages awarded will go directly to the injured party.
This paper evaluates the Maritime policies concerning the right to the innocent passage which is considered the fundamental aspect of shipping. The legal principles relating to the rights of innocent passage as laid in the Customary International Law in the commercial, environmental and strategic context are discussed.
Brown which would have been "different from [the damage] suffered by the general public,"2 which would constitute a wrong that is identifiably a crime under torts law. Mr. Brown's case is indeed special because he was allowed to find a document not available to the general public.
PAM claims that a prior authorization severely curtails access to the drugs for Medicaid patients, sharply reducing the drug's market share and sales as the process cause patients to use competing drugs from manufacturers that participate in the rebate and are not subject to prior approval.
The author states that in a world where all things are equal, both deaths would be regarded as a tragic and unnecessary waste of life but, as Gary Younge proclaims in “Shots in the Dark,” all things are not equal. While Younge’s argument is over-reliant on emotional appeals, his argument, strategy of argumentation, and word choice are persuasive.
It is increasingly recognized that drug treatment in the criminal justice system is effective in reducing drug use and criminal activity, probation hostels tend to be an underused point of intervention. Despite the evident differences in working cultures and values between criminal justice and drug treatment agencies, there are potential benefits to treating drug users in the hostel environment.
Generally speaking, problem-oriented policing is a model of policing that evolved in the 1980s as a result of widespread criticism of the standard model of policing in reducing crimes, where the strategies were devised on the basis of crimes and the exact problems behind these crimes were overlooked.
We know we have the right to remain silent and have a right to an attorney. Yet, the Miranda decision was far more reaching than the few principles that are read from a card. It reaches back into history to establish a precedent and presents ongoing dilemmas as it faces new challenges for the courts and law enforcement.
It is worth noting that in all three cases, the parties involved failed to commit their agreements to written form. Though verbal contracts are technically enforceable, the proof is hard to come by unless two disputing parties manage to agree to the facts.
Each superpower continues to use the threat of force to deter attacks by other superpowers on itself or its allies; its deterrence ability thus serves an indirect, protective role, which it can use in bargaining on other issues with its allies." (Lechner and Boli p 80).
Money laundering is defined as a process in which a criminal engages in a series of financial transactions that attempt to hide the origin and ownership of property obtained by illegal acts in an attempt to increase assets under the disguise of legal sources. Money laundering transactions generate assets that are a result of some illegal activities such as drug deals or tax evasion.
The author states that cost, insurance, and freight in a C.I.F Contract are tied to the shipment industry. A C.I.F Contract is quite similar to a Cost and Freight contract, and the same rules apply. Aside from the Cost and Freight features, a C.I.F includes an insurance policy. This covers any risk when goods are being delivered from sellers to buyers.
“Since 1980 industrial relations law in the UK has adopted an anti-trade union stance and has been too restrictive. The present government has taken some steps to redress the balance but what is needed is a radical overall of industrial relations law which provides a framework which is workable to both unions and employers.
The determination and consistency with which the principle of freedom of the seas has been asserted is testimony to its central importance in the history of American foreign policy. It represents the effort to extend American notions of international law and universal human rights to the oceans of the world.
In order to answer both questions, and consequently determine whether the aforementioned statement correctly describes the legal situation, this essay will first describe the concept of nullity of a company by describing the concept, determining the legal entity that it refers to, and determining the effect that the concept will have on such entity
Although feminists have a common ideology of women's rights, they are divided among themselves in some basic thoughts. Liberal feminists are staunch in their endeavor of erasing gender-based discrimination in recognized laws against women. Cultural feminists aspire for the recognition of women’s moral voice of caring and communal values.
However, countries in various parts of the globe use the International Accounting Standards (IAS) implemented by the International Accounting Standards Board. Differences in the accounting standards adopted have important implications for business entities.
The state of unemployment can be attributed to many factors, external or internal. External factors come into existence with the low growth rate, falling GDPs (Okun’s Law states that for every 2% fall in GDP, the unemployment rate goes up by 1 %), declining job sectors, deflation in the economy, slashing jobs or job cuts whereas internal factors can be attributed to person’s own incapability to find a job due to lack of experience, skills, etc.
Mandy had been employed since May 2004, as a secretary, at the University of West Mercia. For the past six months, she had been suffering from pain in her right hand and had lost a considerable degree of mobility in her wrist and hand. A medical specialist informed her that this injury had been caused by the constant use of word processing equipment at work.
A knife is a tool that consists of a very sharp-edged blade which is specially used for the purpose of cutting. In the modern world, a knife has been given immense importance due to the nature in which it works. This tool is now increasingly being used as a weapon throughout the world. It has gained the significance of a deadly tool being used by criminals throughout the world.
The property law should ensure the certainty in property disputes, the informal entitlement to the property through proprietary estoppel, to avoid unconscious ability that may arise in individual cases, thereby obtain a balance between certainties in property entitlement through compliance with form as well justice in individual cases.
Insurance law is based upon the law of contract, whereby the contractual duties are primarily upheld by courts as they represent the freedoms between individuals concerning business dealings. In addition, the elements of a valid contract are so tightly defined that to override them would make a mockery of an individual’s right to deal.
Women’s designated roles were to be nothing more than that of getting married and spending the rest of their days staying home bearing children and raising the family. Men and women were immediately put into ‘separate spheres’, with men being the ones with ‘skill’, who were supposed to work and provide for the family, while women were the ‘nurturers’.
If the arrangement is not acceptable to the creditors, or some creditors, then the matter must be resolved by the court.
There is no mention of the total amount owed by Steve and Anna to the creditors. If the amount owed is below 5000, there is a court-based order known as Administration order by which Steve and Anna can agree to pay the court certain amount on a weekly or monthly basis out of which the court will arrange to make payment to the creditors after deducting certain amount as its fee.
The first question anyone would ask is why would anybody be excluded? And how could anybody exclude them? The answer to these questions is not difficult. While nobody goes out of the way to exclude, the rules of the game are such that they are excluded. For example, if you are a single mother on welfare, the chances are very good.
Over the recent past, economic growth in many parts of the world has given rise to many accompanying problems, chief among them being congestion (Banister D, 2003). This has been occasioned by the need to travel among the citizenry in their endeavor to perform their daily chores.
It is not a must that physical force has to be used. Actually, either threat or a show of clear authority is sufficient. False imprisonment is a misdemeanor and a tort if the doer holds the victim for a considerable period of time. In the case on hand, Barry was falsely held by Graham while he(Graham) was away making a phone call to his head office.
A number various alarming issues are emerging as warned by policymakers and scholars, due to this undesirable trend, such as the administrative chaos, unprecedented violence and health issues. Consequently, corresponding emergency measures have been taken, to cater these issues.
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Although it interrupts the order of Locke's own presentation, we shall proceed immediately to his solution to the consent problem. The presumption that positive communism is an impediment to individual appropriation rests on the supposition that individual appropriation violates everyone's right to property in common.
One of the issues with the articles of the ECHR is that there is a statute that forbids any kind of illegal activity, such as human trafficking to go on. The fact that Margarita said she was forced into prostitution in her hometown is very troubling. An investigation should be launched into this aspect of having been forced into prostitution.
Contrary to their will of Benny, Douglas obtains consent from Benny's parents to allow him to remove Benny's gallstone. In the operating room, Douglas removed Benny's gallstone without his personal consent. According to Bhat (2001), marketplace professionalism is a major factor in the advent of malpractice litigation.
The police force is given the mandate of seeing that citizens live in peace and harmony. This is to say that police ensures that people live according to the laid down rules and laws. Therefore they make sure that people enjoy their personal rights but in doing so they don't interfere with the rights of other people.
Violence against women has been a problem plaguing society since time immemorial. In American society, this issue came to the fore with the advent of the civil movements in the 1980s when women had the opportunity to gather together and confer with each other. Thus, were born legislations protecting women from violence, including violence that occurs within the confines of their own homes.
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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.
The current situation with aggravated assaults committed by juveniles in Chicago requires great attention from the authorities to be regulated. Arrests in Chicago public schools occur upon a determination that the conduct at issue constitutes a criminal act. Often it is a stretch to characterize the acts of these students as a criminal.
Unlike studies of judges, such as the work of John Paul Ryan and his colleagues on state trial judges, in which scholars describe and analyze the "typical workday" of the judicial officer, this study makes clear that there is no "typical workday for magistrates nationally. (John, 2000) The magistrate system was designed for flexible utilization by district judges according to the needs of their respective districts.
The author states that the police work together with other powers and local industries, people, and societies in the continuation and maintenance of security. The police are also responsible for the completion of other duties set for them by law or given by anyone who descends in their range of jobs.
The author states that some scholars still believe that the criminal justice system has one inclination. This means that the guilty are punished and the innocent are freed. This is however a too optimistic view and innocent view on things because some observe that there is a difference in how the criminal justice system responds to street crimes.
Ethel is a member of the bar staff team and an employee of the Inky Town F.C. She suffered some injuries due to the breakage of the glass and by the falling of Nick on 30th November 2008. Initially, she didn’t pay any attention to her injuries which later on developed into an infection and caused a permanent restriction of movement in her foot.
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At the time, a young college student was killed and they could not find any other leads about this crime. He realized that there was someone in the community that could help solve the murder of this college student and he knew that people would come forward if they could do it anonymously
In order to redress the mistakes, tribunals make attempts to deal with these breaches of standards. However, they are not always the only means of redressal and provide an easier solution to some problems. A tribunal is an independent judicial body that acts as a court for specific issues such as employment or transport.
The history of law starts in 3000 BC and is marked by the development of human civilization. Through the centuries law underwent drastic changes and acquired a status of its own. From the ancient code of conduct, it has grown well to decide upon each and every part of our normal life, and now it determines how we live as citizens within the frontiers of our own country.
The tort is a fault-based system where there is a legal wrong, and the main purpose is compensation, appeasement, retribution, deterrence and loss distribution. A right-of-action means being able to bring an action in court for any wrongful act or injury consisting in the infringing of a right created other than by contract.
Its impact is generally achieved by the literal rule, since Parliament clearly tends to enact its intention. If judges use a purposive approach, they are engaging in an essentially legislative function, which is a breach of the doctrine of the separation of powers.