Law Essays

The term “Zero Tolerance Policing” is simply referred to as Positive Policing by the UK Government. The main purpose of individuals in this department is to fight against any act of criminal activities of whatever scale. In the overall sense, it means bringing to book any offender regardless of his or her position of authority.

Sometimes these duties are obvious and easily understood, but sometimes it is hard to define them exactly, or define a circle of persons that may be regarded as the people that are to be a subject of care. During the practice judges tried to settle down a definite set of regulations as to the question about the circumstances that may be regarded as the case of a duty of care.

According to the study, legal profession tops the list of stress makers, leaving behind medicine. The professional demands of being in control at all times is telling on lawyers and solicitors because of their role of problem-solvers. The important issue is how the legal systems develop and change, enriched by the best legal minds of the time. 

The author of this paper states that frustration of contract can be defined as a prevention from continuation of a contract when the employee who is employed under the contract becomes unable to perform the work for which he was employed due to reasons beyond control by both parties (employer and employee).

The author states that the treaties are in the main building blocks of EU how, and allow for the creation of secondary legislation of EU law. The treaty of Paris 1951 established the European coal and steel community (ECSC). The treaty of Rome in 1957 established the European atomic energy community (EURATOM).

Like most democratic systems, the UK general electoral process was designed to benefit voters however there are several aspects of the system that are either a constant source of criticism or that might be seen as detrimental depending on your point of view.  In particular, the controversial aspects of the UK general election system are the first-past-the-post voting process.

Together with the development of electronic sales and distribution channels, many states and economic organizations have sought to respond to the challenge of governing these non-traditional markets more effectively. At the same time, there is a realization that though the provisions are limited to commerce in the EU, its implications extend beyond the borders of the union.

According to the Public Health Agency of Canada child abuse occurs when a parent, guardian, or caregiver mistreats or neglects a child, resulting in injury, significant emotional or psychological harm, or serious risk of harm to the child.Child abuse can take many forms, the most common and well-known of which is physical abuse.

One revolutionary law finally ended the years of frustration felt by the public and the courts in the inability to bring to justice those responsible for violence in the familial environment.  The Domestic Violence, Crime and Victims Act 2004 (DVVA) has enabled the Crown to rightfully convict those who through complicity or deed inflict severe bodily harm or death on a child entrusted to their care. 

Railroad workers are covered under the Federal Employers' Liability Act (FELA), enacted in the year 1906. This law is not like most workers' compensation laws in that it is not a "no-fault" law. With the purpose of being covered, the employee must verify that the employer was neglectful (Matkin, 1985).

The author states that on June 21, 2005, she was dumped from a car at Flat Shoals Parkway where she managed to wave down some help. Unfortunately, she had died of her stab wounds later that evening. Now two weeks later Ashley’s mother was talking to a journalist because she was worried that Ashley’s case was not being treated with any seriousness.

No doubt guns where on one hand are used to commit crime, on the other hand are used to self-defence. But in order to analyse in what ways are guns a problem we have to look at those factors that consider firearm as a primary cause of violent crime. Whether it is suicide, murder, forcible rape, robbery, aggravated assault, burglary or any kind of larceny in whatever circumstances guns are such weapons that give a reason to commit crime.

Section 20 of the Act mentioned above states that the accused “shall be liable to imprisonment for five years” and according to section 18 the lifelong imprisonment expected if the accused had an intention “to do some grievous bodily harm to any person”. Mens rea of battery requires the presence of intention or recklessness of the accused.

The Quilici vs. Morton Grove case arose from Ordinance 81-11, passed in 1981 by the Village of Morton Grove in Illinois, which prohibited the possession of handguns within the Village. Victor D. Quilici claimed the ordinance violated the second amendment of the U.

Adams immediately sent their letter of acceptance by post on the same day but the Lindsell received it only on 8 September. But have not received them until 7 September the acceptance, they had sold them to some other party on 7 September. Held the contract was concluded on 5 September when Adams posted their acceptance. 

In the mid 1970’s a remarkable burst of reforms (Walker, p. 112) were introduced whose main concern was about disparity and discrimination in sentencing. The indeterminate sentence was the main focus of the reform efforts.

While community policing has not yet been fully institutionalized, it is gaining wide acceptance in view of the logical reasoning that the people in a particular area are the best persons to know the members among their ranks, especially such information as relating to the public order in general and crimes in particular.

 In the context of arbitration proceedings, the ECHR right to a fair trial (right to a fair and public hearing within a reasonable time by an independent and impartial tribunal) requires an accurate and objective expert evidence pursuant to the relevant requirements of the Arbitration Act 1996 (the “Act”) and the Civil Procedure Rules (CPR). 

I realize that it is easy to take a position. Often, television shows depict women and young girls being raped and as a result, they become pregnant. I have seen this issue confronted several times on Law and Order Special Victims Unit. I remember, on Law and Order, there was an episode where young girls were being kidnapped and sold abroad.

The problem with sex is that people are all vulnerable. The truth is that comparatively few people are murdered in the course of muggings, kidnaps or armed robberies. Many more are slain by rapists, sex attackers, and jealous lovers. The problem is that many sex offenders are not imprisoned but subjected to residency laws and released.

The most fundamental aspect of a legally binding contract; is the determination that the parties involved have voluntarily assumed liability for the breach of that promise (McKendrick, 2012 p.289). The voluntary assumption of liabilities by the parties to an agreement requires that the parties must agree to exchange something of value, referred to as consideration, without which the agreement is considered null and void.

There shall be no interference by a public authority…except …in accordance with the law and is necessary for a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others".

"Conveyancing is a term that describes the legal work involved in transferring property ownership" (Called bookland,  I-III). The purchasing or selling a home, land or savings property where a person has to sign a agreement. The legal job concerned with preparing the sales agreement, mortgage, and further connected documents, is called conveyancing.

This is a fascinating case that raises many issues.  This type of situation does occur on occasion in estate matters, so clarifying and resolving those issues is important.  There have obviously been breaches of trust and responsibility which I will first address, and then I will use that analysis as the basis for my advice to Ron, at his fiancee’s request.

Once a crime has been committed, the criminal justice is initiated by the filing of the complaint or criminal action by the victim (called the plaintiff in the complaint) to the police or to the prosecution, against the accused (called the defendant in the complaint)

This paper examines the role of law enforcement in the conventional sense of crime prevention as well as in a broader sense of creating order in a societal framework. Arguably, law enforcement agencies exist not only to identify and punish criminal offenders but also to ensure that those who are underprivileged or at risk of problems are taken care of.

The Fax Ban Coalition has asserted that California's recent change in its Business and Professions Code has lifted the exemption of the Existing Business Relationship (EBR) clause contained in the Do-Not-Fax law of 2005. The EBR clause allowed for the use of unsolicited faxes between businesses with a prior business relationship.

The difference between the two is basically dependent on location and target—at home as opposed to abroad. This is a simplistic definition, but by trying to categorize these acts in a more detailed way, contradictions occur that make it difficult to define terrorism of any kind without setting forth a long list of possibilities. 

The following paragraphs delves in detail to the intricacies of these two very popular media topics. A miscarriage occurs because of many situations that have given rise to such miscarriages(Choo, 1993). First, miscarriages occur whenever suspects or defendants or convicts are treated by the State in breach of their rights(Damaska, 1986).

.Mediation is a tool used to resolve conflicts between or among natural persons, business entities and even nations. It is actually one of the conventional types of alternative dispute resolution, the other one being arbitration.

In conclusion, the idea will be fully comprehensible as to how certain cases receive what benefits and services as well as why they do.  Also included in the conclusion is a finality point emphasizing that social services can have positive impacts or negative impacts on the social lives of those who live with disabilities.   

The author states that administrative agencies and policymakers are adjunct to the US legal system but technically not a part of it. In that case, it would depend on the realms of influence the administrative agency had. Similarly, the FBI has limited legal authority as well, as it can enforce only national laws.

The concept of economic justice does not mean equal income for all. This is neither possible nor desirable. What is required under its concept is that everyone, regardless of his station in his life, should be assured of some minimum income. Justice and power are the concepts of political science. Where there is politics, power has to be there.

“Human beings as such had no rights under the traditional international law, which was defined as the law which governed relations between states.  1945, events during this time ravaged by a bloody war, fear of dictatorship, and other conflicts created by man that threatens and terrorizes the very core of peaceful co-existence.   

The final report was given to the Attorney-General on 6 October 2004. One of the recommendations in the report regarded the abolition of the partial defense of provocation. From my point of view, the reason for considering abolishing the defense of provocation is the fact that the laws in regard to the defense of provocation are usually used for excusing or condoning male aggression towards women.

Reckless manslaughter involves conduct that the defendant knew involved a risk of killing, and did kill. There are lesser degrees of manslaughter, but it seems clear that deliberately loading a gun with real bullets for a 'game' of Russian Roulette would be generally regarded as either intentional or reckless killing.

An estimated 8,000 children are affected each year as a result of their mother's imprisonment (Page, 2003). As these statistics show, the situation of female offenders seems to be alarmingly bad. Thus, female offenders are recently in focus by the criminal justice system in terms of their misdemeanors and their various needs.

Hence, in the eyes of law, a company is a distinct body separate from its owners and directors. To carry this point forward, the case of Salomon v Salomon & Co. (1897) AC 22 is the most relevant to be discussed in the context of case under consideration.

The federal parliament in Australia is empowered by the constitution to make laws concerning conciliation and arbitration for the settlement and prevention of industrial disputes extending beyond the limit of any one state. The laws made with respect to trading and financial corporations fall within the limits of the commonwealth. 

Mental Capacity is likely to introduce significant changes in the professional and social setup of England and Wales. There must always be the presumption that people you provide care or treatment for have the capacity to make decisions for them. There will be a single clear test for assessing whether a person lacks the capacity to make a decision.  

The author states that the corporate personality is the veil, and the members are shielded behind this ‘veil of incorporation’.However, the internal affairs of the company are never concealed from view since publicity has always accompanied incorporation. In addition, there are several situations when the law is prepared to lift the veil of incorporation.

Policing is the set of activities that do exist in almost all countries of the world. For any country or society, the importance of policing can not be denied. The reason for this immense importance can be that a nation that is living without laws will hardly be having any ethical values. There are many different responsibilities of policing.

Consideration means a reasonable equivalent or other valuable benefit passed on by the promisor to the promisee or by the transferor to the transferee. When the word consideration is qualified by the word adequate it makes consideration stronger so as to make it sufficient and valuable having regard to the facts, circumstances and necessities of the case.

Similarly, in the German Sausages case, Commission v. Germany, German law prohibited the sale of sausages containing prohibiting additives in Germany. This law applied to both German products and products from the other EC Member States, even though, the additives were not prohibited by the law of origin in Member State. 

Fairness is a noble and necessary virtue in common law tort. In the aspect of negligence in Law on Torts, the current case law on the determination of the existence of a duty of care particularly in causation – in – fact seems to have strayed away from the ideals of fairness. A series of jurisprudence will be evaluated to determine how and why the court neglected to include fairness requisites in its decision.

Compliance with STCW is definitely cost-effective but only in the long term. This fact is overlooked by the operators/owners and often they compromise on quality to achieve their short-term objectives. How to avoid problems from becoming major issues while at the same time remaining cost-effective is itself a problem faced by shipowners.

The federal government's No Child Left Behind (NCLB) Act of 2001 has opened a plethora of possibilities for legal discussion and action now. Social conditions require the state to make adjustment for the child's education in case the parents are not in position to do so.

He told me it was obtained from the statistical wing of the Police Department. After the formalities were over, I had decided to take a look at the graphic material. The graph revealed the number of juvenile arrests made in the state since 1981 up to 1994 clearly indicating that more and more of the state's youth were taking to criminal activities, violence, drug abuse and illegal use of arms.

The author states that the justice whom he likes the most based on these biographies is David Souter. He stands out as a judge with a moderate judicial temperament who has equally pleased and disappointed both conservatives and liberals. Appointed by a Republican president, Souter had been expected by some to be a solid conservative on the court.

Once it is established that one's employer falls within this provision we then need to establish that the provisions of the Directive are "clear, negative, unconditional, containing no reservation on the part of the Member State and not dependent on any national implementing measure,: Alfons Ltticke GmbH v.