Law Essays

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.

The breaking of the diamond worth £2,000 in her ring is an indirect loss that can be excluded if it fulfills the reasonableness. In the Ticket, there was a clause that stipulated that the company is not liable for any loss exceeding £100 per Item. She is not aware of the clause since all she knows is that there were some points on the ticket. 

The application of strict and proper norms and rules can certainly help eliminate this essentially unethical mode of practice on common grounds. Considering the importance of the important elements demanding control at the system level we held the focus of our attention to the system approach in preference.

The second is that although there is a redundancy situation, there was inadequate consultation, unfair selection, or no alternative employment considered: Williams v Compair Maxam Ltd [1982]. The onus of proof is on the employer to satisfy the Tribunal that the employee's redundancy was the reason for the dismissal.

The Patriot Act was making possible for the America to be united and to strengthen the nation by providing the necessary tools that are needed to interrupt and block the terrorist act. The interruption and obstruction of these possible terrorists' acts are made through the expansion of the law enforcer's surveillance

The consumer is legally entitled to receive a full refund from the retailer, on returning a product that was defective at the time of. The reasonable time for doing so is not defined in law but is often quite short. A reasonable amount of compensation or damages for up to six years from the date of sale is now permitted.

The claim that direct communication undermines judicial impartiality and independence can be swiftly rejected, compared with Dutch effective mechanisms of communication i.e. press judges. The application of article 10 of the ECHR can automatically limit the media’s freedom of speech if the reports become too abusive.

To conclude both Police Constable Brown and Green have the right to arrest Ann and Tim since there is reason to suspect them to be having stolen property. Tim’s possession of three credit cards creates more suspicion and is his duty to prove that the cards are genuinely his or they are in his possession rightly. 

He uses his imposing personality to his advantage. No one may dare question him about his ownership of Bleak Hall. He uses his wife, Muriel's money to cover the outgoings and maintenance of Bleak Hall. He has a six figure private income of which a vast majority he deposits in offshore investment accounts to be free from the attention of the U.K.

The paper is focussing on the steps which should be taken by an employer in dismissing an employee in a just and also fair manner.   First and foremost the employee is given an improvement note if his performance is unsatisfactory and he is also not meeting the expected standards from the employer.

This essay concerns the Fashion Designs plc legal Position. In the financial years ending December 2004 and 2005, the company made trading losses of £400,000 and £200,000 respectively which were carried forward. In December 2006,the company showed a trading profit of £1m. In October 2006 the company sold its North East outlet for a net profit.

During the rejection of the Lisbon Treaty by Ireland on June 12, 2008, the Irish Justice Minister, Dermot Ahern, used in his comment the phrase, "a referendum is the essence of democracy…”  It is the giving to the electors of the chance to agree or disagree on a particular issue that is the very fundamental exercise of democracy.  

A critical evaluation of benefits for sickness and disability primarily will require an understanding of the details within the benefits available. The definitions of sickness and disability must be clearly understood in order to evaluate benefits effectively. This pause must be considered as a delay in fulfilling work obligations, not a cessation of it.

With the increased concern about the state of the borders, it would bring about increased awareness of those faults and how they impact the ability for drug smugglers to reach their consumer base within the United States, through whatever means available to them. There would remain many essential aspects to consider. 

Ethical dilemmas are clinical scenarios when the caregiver ends up in a conflict between two ethical principles, and the correct decision making suffers as a result of that. Therefore, these are practical situations where the caregiver is supposed to do something and at the same time is not expected to do something.

The author states that the dilemma is more profound than the halo of morality prohibiting what can crudely be termed as “mercy killing” or suicide or even assisted suicide. Validating euthanasia may not only change the existing criminal laws on killings but the question we should be asking is whether such a law would be mentally acceptable to the society.

In England and Wales, the law of tort covers five types of offenses: the trespass of land, trespass against goods, trespass against a person, negligence and defamation. Trespass on land, and persons is altogether the most common type of tort, but in all cases, the main concern is the allocation of responsibility for whatever losses are sustained.

The author states that specific states have incorporated their own inclusions into the prevailing national laws to co-relate and fit with their current employment system beneficial to either party. Legislators of certain states upon study and by mass consultation of its constituents have elected to create certain provisions.

It is must be noted, however, that positivism is not a monolithic theory. Quite the contrary, there are positivist variants which offer different explanations for crime, which thereby suggest different types of responses to crime (both proactive and reactive), and which extend responsibility to other individuals and to society.

May drank some of the said substance from the bottle and poured the rest of it to the tumbler. This was when she claimed that the decomposing remains of what apparently was a slug plopped out of the bottle into the tumbler. Later on, May complained of stomach pains, which the doctor diagnosed later as gastroenteritis.

Due to an increase in competition in the area Helen is now finding it hard to make the mortgage payments and wants to sell the property. However there are some liens on the property that a prospective buyer would need to be informed of before a legal sale could take place.

In Mr Taylor's case the contract was indeed a legal and binding one since there was an act of performance when Mr Taylor worked to produce the costumes. An offer takes effect only when it is actually communicated to the offeree as in Taylor v Laird (1856) 1 H & N266; 25 LJ Ex 329.

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

The European Union first formally announced the Directive in 1989(Council Directive 89/336/EEC). The planned enforcement in the year 1992 was delayed till 1996 in order to provide time for the industry to adapt to the requirements. In order to make the directive more comprehensive, the European Union provided guidelines in 1997

The defendant was convicted of maliciously wounding the victim and appealed on the ground that it had never been his intention to hurt the bystander. The court held that the conviction would be affirmed because the defendant had committed the actus reus of the offense with the necessary men's rea, i.e. he had acted maliciously. 

It is a right of every individual to have an education regardless of what his or her status in life or from what social class they belong. Every parent would want nothing but the best school or university for their children. It is apparent that education is something that everyone is aiming for because it would help an individual to be equipped with knowledge and skills that would be helpful for him or her in the future.

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.

Wendy's younger brother, Bill, therefore offered to have his name added to the title so that a mortgage loan could be obtained on the basis of Bill's earnings and age. The freehold of the house was then bought and registered in the joint names of Arnold, Wendy, and Bill, but there was no declaration as to the beneficial interests they were to hold.

In March of 2000, in Louisville, KY, two police officers were awarded medals for shooting an 18-year-old black man who, they say, was trying to run over them with his truck (Cose 2000). An investigation followed, and it was discovered that the police officers were perhaps not so correct in their judgment (Cose 2000). 

According to the report social policy, its values and principles, is one of the most important elements in the implementation of common strategy of the European Union. Protection of the human rights is one of the cornerstones of current social legislation of the European Union. Social legislation of the European Union protects the citizens of the Union.

 Common law can be defined as a “system of law that prevails in England and in countries colonized by England.”  The name common law is resulting from the medieval theory that the law overseen by the king's courts signified the common custom of the kingdom, as opposed to the custom of local jurisdiction that was applied in local or manorial courts.

England operates under a system of common law, in which legal precedent is regarded as the way in which the law builds on itself over time as a natural or organic process. This type of law provides the basic framework for a constantly changing legal paradigm that adjusts itself to new cases and appeals but is still based on the principles of natural law combined with principles of civil law.

The significance of the ruling about the Home Secretary acting illegally in inserting a revised criminal damages system under the prerogative power instead of enforcing the statutory system under the Criminal Justice Act 1988 is analyzed. The challenge is that the House of Lords accomplished the right conclusion, but for erroneous causes.

The umbrella organs, agencies, and personnel involved in these efforts of reducing and preventing these acts of terrorism, crimes and disorderly behaviors are collectively referred to as homeland security (Coppola, 2008). Particularly, homeland security relates to all the national efforts to prevent criminal acts such as terrorism targeting United States’ citizens, assets, and interests.

If the damage is minor, the buyer has an obligation to return the product to the seller for mending, replacement, price cutback, or even refund depending on the case.When the damage proves serious, the buyer is allowed to refuse the product and annul the contract

In this case, Jaspal’s uncle is right and Friedrich will have to return the car to Jaspal’s estate because the car was given to Friedrich only by Jaspal as a gratuity or a gift on the very night that Jaspal thought he would die. He had not mentioned to Friedrich that he could keep the car if he survived and died later.

The methods by which the law finds itself being implemented amount to nothing more than legalized racial profiling in most instances. Hence the objections and outcry from New York residents against the policy. One of the main reasons that there is a clamor to end this policy is the fact that it has not served to prevent nor deter crimes from happening.

The author states that the USA Patriot Act provided law enforcement and intelligence agencies with the basic tools needed to fight and win the war against terrorism. It provided new authority to the Justice Department and the FBI to monitor alleged terrorists or their associates and provided legal sanction.

  The author states that Mary was also given the freedom of action by Little Lamb in the aspect of work and Little Lamb has the right to control the details of how the services are being performed by Mary. To be able to determine whether Mary is said to be an employee or an independent contractor under this common law.

However, windows are open for you to change or cancel the will before your death and any kind of condition you can apply there. You know the cost of making will isn't expensive (single will- 80 excluding VAT, joint will- 125 excluding VAT) (Money Minder, 2005).

The topic statement must be viewed and analysed within the context it was made. Unless a deliberate attempt is to be made by society, acting through the agency of the law, to equate the sphere of crime with that of sin, there must remain a realm of private morality and immorality which is, in brief and crude terms, not the law’s business.

In the words of a realist, International politics is a world free from all legal ad moral restraints, where the powerful, and the not so-powerful states possess the freedom to act in instinct, at their own leisure and liberty, and ultimately to use force with impunity (Dino Kritsiotis, Introduction, The power of law as international language).

As a result, Jews are said to look down upon everyone, and look upon themselves as superior. The Jews perform abnormal, dangerous, and even murderous religious conventions. The Jews are an odious congregation, doomed to eternal anguish because their ancestors crucified Jesus Christ.

Thus, the freedom of movement or "four freedoms" granted to workers or economically active persons. The treaty of Maastricht encompasses the concept of European citizenship establishing the European Community Articles 17- 22 and 255. It is an evolution of the European integration move on creating an ever closer Union among the peoples of Europe with the objective of strengthening the protection of the rights and interests of the nationals of its Member States through the introduction of a citizenship of the Union.

The important factor to determine whether a person is or is not a director is to refer to the nature of the office and its duties. It does not matter by what name he is called. If he performs the functions of a director, he would be termed a director in the eyes of the law even though he may be named differently.

“Negligence is the omission to do something which a reasonable man, guided upon those considerations which ordinarily regulate the conduct of human affairs, would do, or doing something which a prudent and reasonable man would not do.” per Alderson B, Blyth v Birmingham Waterworks Co (1856)

Undue influence and other forms of pressure can work for the equity’s intervention as seen in the case of Barton v Armstrong (1973) 47 ALJR 781 an agreement was attempted between a major shareholder and one of the directors. The director issued serious threats to the shareholder to force an agreement.

Each agency differs from the rest to some extent. NIU Police start at about $24.46 per hour and receive civil service benefits along with a collective bargaining agreement. The DeKalb City Police make about $33,000 per year on average which is 26% less than the national average. The DeKalb County Sherriff’s Deputies start at about $33,492 per year.