Law Essays

The formal source of law constitutes legislation, sentencing guidelines, and judicial decisions. Sometimes works of some renowned lawyers may also be considered the formal source of law. All law books are also formal sources of law. For instance, in the case of the UK, the formal source of law is the Commission, the Council of Ministers, and the Parliament.

Public policy refers to a definite governing principle which the community as a whole has already adopted either formally by law or tacitly by the general course of practice. Notions of public policy are not fixed by vary over time with the state and development of society and the conditions within the society. 

The author states that the Supreme Court, in the case of Texas v. Brown established the three-pronged test to determine whether or not the plain view doctrine is applicable, and this will impact on the admissibility in court of the evidence itself. The Fourth Amendment contains crystallized principles to guard against State encroachment.

The deaths of many civilians and targeted bombings of civilian areas and destruction of homes in Mespotistan despite the fact that there were no claimed WMD in the surrounding areas could be considered as evidence suggesting the abuse of power and the intentional harm and targeted malice leading to homicide of the Mespotistanis.

The United Nations was created in 1945 with an aim of bringing harmony to the world through taking a common approach to many of the problems that the world was facing. The United Nation has been one for the most important bodies in the world that have worked to ensure that there is peace and tranquility in the world.

In the list of cases enumerated, only the appeal of a 5th district court regarding the right of Texas high school students to recite prayers over the school's PA system falls within the jurisdiction of the Court of Appeals. While the case involving an appeal of a decision by a court martial must be heard by an appellate court, it falls within the jurisdiction of the Court of Appeals for the Armed Forces, a special appeals court that falls within military jurisdiction and hears cases under the Uniform Code of Military Justice (10 USC 941, 942).

It would be necessary to characterize machinery in the sale of commercial property for the same reason; the same would apply in the case of the sale of a rural property. Thus, in land transactions the question: chattel or fixture? can be of importance and attention will now be given to the tests which help in the distinction between the two.

George Schnopps shot his wife on October 19 1979 after six months of strained relations. The defendant and his wife had been married for fourteen years. On a night out with his wife to a club, Mrs. Schnopps had spent the entire evening dancing with a co-worker of the defendant. This sparked an argument between the defendant and his wife.

The author states that it is hard for one person to tell exactly what goes on in another person’s mind. This task becomes even more difficult, neigh, almost impossible when the person’s mind seems to defy logic or the normal scope of reason. This is the case of many mass murderers, whose motives sometimes are often hard to decipher.

The register of the title is broadly intended to operate as a mirror, reflecting the potential disponee (and to any other interested person) the totality of the proprietary benefits and burdens which currently affect the land`. Illustrating with decided cases, consider the extent to which overriding interests detract from this fundamental principle.

it does seem that B, as the buyer, could sue S, as the seller, insofar as the wine/goods received were damaged and, accordingly, did not comply with the contract.  However, the fact that B contracted directly with the carrier, C, and the damage occurred during transport, changes the situation and passage of risk, as implied by S, is applicable here. 

The author states that databases can be used at the state and local levels to share various information about criminals, as well as other information. One such example is that of “The Interim Data Sharing Model (DSM) is a pilot effort between the Department of Homeland Security (DHS) and the Department of Justice (DOJ)/FBI.”

The exact definition of these has yet to be tested, and problems may arise over the exact definition of “technical” and “immoral”. Many electronic goods have design features that serve both a technical function and which are also part of the aesthetic appeal of the product; for example, the features of remote control. 

The court has almost no obscurity in ascertaining Mens Rea if there is actual evidence, for example, the accused admitting the crime. The subjective test would be thus satisfied. However, most of the accused makes no such admissions. Therefore some degree of objectivity is borne to reach a decision.

Consumers are now aware that they are not compelled to sign or engage in cookie-cutter contracts. That if their input was not sought or not included after providing input, then the entire contract can be voided. That all terms or conditions which are included in a consumer contract must be made clear to the consumer.

doubt equity is considered an addition to the common law through two sets of rules, which though distinct, must not be looked upon as two co-ordinate and independent systems. On the contrary, the rules of Equity are only a sort of supplement or appendix to the Common Law; they assume its existence but they add something further.

A part or complete refund, depending on what is rational in the circumstances. It might be the case that a full refund is not the rational option as the consumer will have enjoyed several benefits from the goods prior to the problem coming out. This desire to be taken into account prior to an evenhanded partial refund can be assessed.

Since the judges could invent new writs any time they wanted, the Parliament decided to allow the judges writ one at a time. This system was unjust since even with the King's Bench having power over a case, the plaintiff might still not win if there was not a single form of action that combined the jurisdiction and power of the King's Bench.

Pursuant to the rule of reason, the courts will look to a number of factors in deciding whether the restraint of trade unreasonably restricts competition. The court considers the makeup of the relevant industry, the defendants' positions within that industry, the ability of the defendants' competitors to respond to the challenged practice. 

One illustration of this type of legal dispute is a Residents Association's opposition to a local planning authority's decision to grant planning permission to a property developer for residential development. To begin to understand the complexities of the legal realm in terms of property law, it is useful to investigate what might happen in this hypothetical situation.

Secret and half-secret trusts are invented by English. They have come into existence on the slender of grounds, and been nurtured over the years because nobody seems to have the heart to put them out as it is deep rooted in the field of trust.

If a principal is disclosed and named, and the agent acts out outside its actual or apparent authority, then only the agent is liable to the third party. Hence, Worf cannot enforce the contract against Picard.(b) No, the answer would still be the same even if the agent had not informed the third party of the name of the principal because the agent acted outside its actual authority and against the instructions of the unnamed principal.

The paper represents the question whether a debtor can “strip down” the lien of the creditor on the real property pledged as collateral for the debt to the value of the collateral; more specifically, the United States Supreme Court was asked to determine the applicability of section 506 to this particular set of circumstances.

Particularly, the leader of the Black Panthers committed war crimes that fall under the purview of Article 8 of the Rome Statute concerning Article 3 of the same Statute and which are common to the four Geneva Conventions of 12 August 1949. Specifically, they are any of the acts done against persons who are not a party in the hostilities.

The better part of the answer will however discuss whether S and A can rely on the direct effects of the Directive. This will be followed by a discussion of vertical and horizontal direct effect, the rules and regulations in applying this, the differences between the enforceability of rights contained in regulations and directives.

Most legal systems including the UK recognize the “seat” of the arbitration of which geographical and legal jurisdiction determines the procedural rules which the arbitration follows, and the court that exercises jurisdiction over the seat has a supervisory role over the conduct of the arbitration in instances as mentioned earlier.    

Administrative law is the body of law that arises from the activities of administrative agencies of government. Government agency action may include rulemaking, adjudication, or the enforcement of a exact regulatory agenda. Administrative law is considered a branch of public law.

This essay intends to examine mortgage as a means of debt and how it is guaranteed. As a point of departure, it is possible to secure a debt in Saudi Arabia and individuals or companies such as the India Mortgage Guarantee Corporation (IMGC) can guarantee the debts.

The author states that respondents were arrested twice and were charged with the felony of narcotics use and narcotics trafficking. The search warrants that led to the arrests of the respondents were based on investigators’ prior search of garbage bags from the house of Greenwood in Laguna Beach.

The author states that it is common knowledge that education is the first line of defense against fraud and deception simply because it can help an individual make a well-informed decision before spending his or her money. Consumer protection is thus all about rights and associations 1 of a consumer to various consumer organizations.

Workers falling into the 'dependent self-employed' category form a substantial minority of the UK labor force, particularly in certain industrial sectors such as construction, many of whom face particularly vulnerable work arrangements, and lack any employment protection. The worst off are those who are classed as employed for tax purposes.

James Naughton lost a significant amount of money at the racetrack seeking solace he went to powers pub where he consumed pints of larger and five double vodkas and Redbull. The pub landlord knew him and offered him a lift home he refused (no attempt was made to dissuade him) he then walked the mile to where his car was located.

The paper analyses the applications of the doctrine and how employees and employers may equitably maximize the rule to its full extent. The doctrine may level the playing field for employers in employment discrimination claims. However, there is also a danger of inequitably undermining the plaintiff's claims.

  In the context of companies striving to keep ahead of the pack, so to speak, this would normally mean resort to any and all means to slaughter the competition and enjoy unbridled profits. Many scholars believe that regulatory mechanisms have, to a large extent, been inadequate in controlling corporate crime.  

The European Court of Justice is made up of three courts: the Court of Justice, the Court of First Instance, and the Civil Service Tribunal. This discussion will center on the first of this triumvirate, as it is this court that ensures the uniform interpretation and application of Community law. One of the most controversial aspects in the evolution of the European Community has been the free movement of persons.

When viewed from the rational viewpoint of Singer's well-reasoned argument, it is clear that eating animals is unacceptable The only diet that supports our moral obligation to the world around us is vegetarianism. This paper will show that meat is not a necessary food source.

It is necessary to add that adverse determination of medical necessity is experimental or investigational in nature.The necessity of health insurance companies as well as the adverse utilization review by them is getting momentum position in the recent days.

The Community Reinvestment Act (CRA) was enacted, or made into law, with the intention to “encourage depository institutions to help meet the credit needs of the communities in which they operate, including low- and moderate-income neighborhoods, consistent with safe and sound banking operations. It was enacted by the Congress in 1977.

Mr Harvey is also the Chairman of the Board of Directors of the Football Club. The authorities have let it be known that the Football Club stadium is not suitable for teams in Division One and that there is a risk of expulsion if suitable facilities are not provided within a three year period.

Even though terrorist attacks of various shapes and sizes have been going on in almost all parts of the world for quite a long time now, they have never reached the enormous dimension of the ongoing fundamentalist Islamic terrorism of today. Barring the Israeli and Palestinian attacks, hardly any States were attacked until recently at a massive scale.

Lord Nicholls asserts that it has always been the intent of Parliament to implement and give effect to the Convention rights, such that “[p]arliament has decreed that all legislation, existing and future, shall be interpreted in a particular way… which is compatible with the Convention rights 'so far as it is possible to do so'” (para. 26). 

The use of a cheque card means that the cheque cardholder is using it to secure the acceptance of his cheque and it means that he is making an additional representation that he has the authority of the bank to use it in relation to that cheque for that purpose and he would do so in the ordinary course.

The original 1957 Treaty spoke of creating ‘a common market’, but in the Single European Act of 1986, the term ‘internal market’ was substituted. This term is defined in what is now Article 14 EC, as an area without internal frontiers. Goods are products that can be valued in money and which are capable of forming the subject of commercial transactions.

Companies take loans from banks and other financial institutions mainly at the start of the business as start-up capital or when it plans expansion and diversification. Banks consider various factors before loaning out to companies. There are certain basic things to be followed when considering commercial loans. 

The term ‘fiduciary obligation’ does not include breaches of tort or contract. The obligation of loyalty connotes an element of self-denial as the basis of the relationship. It is a subset of equitable obligations designed to protect economic interests – not social, employment or familial interests.

Indeed, the United Nations Committee on the Rights of the Child noted in its report on Canada in 1995 that Canada has difficulty with this principle. The Committee was concerned in particular about “disparities between provincial or territorial legislation and practices, which affect the implementation of the Convention.”  

Incidentally, the majority of the aggrieved was poor and could not afford to pay for the then high charges for legal services. During and after the Second World War there were suggestions to create some sort of schemes to provide for legal services especially for the poor, or to those whom the services proved too expensive to afford so as to have a just and fair society.

The author states that there are several ways in which this may be achieved. In this case scenario, one way is to demonstrate Ralph’s general reputation for truth and veracity to be bad, but not by particular acts. Here, because the proceedings are criminal in nature, we would be dealing with the federal rules of evidence.

The decision to enter the European Union was made by Turkey in 1963. Forty-two years passed but there were not any considerable changes made in order to join the biggest European confederation.  Turkey only remains to be a potential member and guest in the future program of European Union expansion.

Being unfamiliar with business entity law, it is important to clarify the different types of business entities recognized under Canadian law.  A business entity’s legal status defines its legal obligations and legal liabilities in important ways. This classification is particularly important in this case, given that potential claims may exceed your liability insurance coverage.