Law Essays

The primary purpose of this facility is to detain youths, both male and female who are awaiting court dates for committing criminal offences; under certain circumstances detainees can remain in the facility for up to 6 months following their respective convictions.

Betty comes home form the pub one day and announces to Alan that she is going to leave him for Clive. She packs her bags and goes. Not knowing what to do, Alan picks up a hunting rifle and goes in search of Clive. He looks through the pub window and sees both Betty and Clive together. Whilst aiming Clive with the rifle, Dennis.

Decreasing corporate taxations can be quite advantageous to any country and increase competition. Reduced numbers can mean more foreign investment in the country and a highly competitive business sector. Also, businesses are more likely to operate in their home country if the rates are low and not relocate to a neighboring country.

The focus of this essay is the sentencing process and how it is impacted by the guilty plea. The sentencing decision is, however, the culmination of a long and complex criminal justice process that begins when a person is arrested or summoned for an offense. Decisions taken prior to the sentencing process will impact the final outcome in any case.

For ECHR, regularising the Human rights violations committed by the Member states is its main work. If citizens belonging to any of the Member States feel that their rights are encroached upon, they have the admissibility to complain to ECHR. 

The detailed changes to the working of the 1954 Act took effect from 1 June 2004, as do accompanying changes to the statutory notices and changes to the Civil Procedure Rules. The 1954 Act broadly gives business tenants security of tenure. The landlord may oppose renewal on limited, specific grounds set out in the 1954 Act.

The author states that in fact, the terms of the owners of the parking garage could be considered to be legally unreasonable and therefore there could indeed be grounds for a lawsuit against them. Of course, there have been many cases that have been variant from this one which has been found to hold unreasonable terms.

The court’s opinion in Schmid does not unduly interfere with the autonomy of private colleges and universities.  The court should perhaps have recognized some “institutional academic freedom,” however, that would protect private institutions against exercises of state power that violate the bylaws of colleges and/or universities.

To be convicted of either murder or manslaughter, the following common elements must be present: 1. the killing must be unlawful; 2. to be a homicide, the victim must be a “life in being”; 3. for a person to be convicted of murder or manslaughter, it must be shown that the defendant’s action caused or brought about the death of the victim and that death occurred within a year and day of his action.

How might the recent creation of a Children’s Trust enable better services to be offered to Justin? First, the existence of “joint teams” and “inter-professional networks” (National, 2004) should enable a coordinated approach to Justin’s problems. Thus various details of Justin’s case could be jointly considered.  

The work will be based on the Consumer Credit Act 2006, the Unfair Contract Terms Act and Trade Descriptions Act 1968. There are two basic documents for consumer protection within the UK, which provide the buyer with the right to receive the goods he buys in good condition, without any misleading trade descriptions. 

It is necessary that police morale be consistently high and optimum levels of performance be maintained at all times, even when they are off duty. For this a positive lifestyle, commitment and dedication to duty are foremost. Again, regular training and fitness strategies could also keep them in peak condition that could contribute to strong and reinforced levels of morale.

All this to be effective needs a stable and reliable system of law enforcement. This is achieved either by the military by brute force or by a police team with minimum force and public cooperation. Thus a police force needs to command the respect and cooperation of the general public for its efficient operation. To make the law effective, it has to be enforced.

Rocky (the "doctor") for professional negligence; and (4) the hospital under the principle of vicarious liability. Driver's Duty of Care and Breach. In Nettleship v. Weston1, citing Glasgow Corporation v. Muir2 it was ruled that "if a driver goes off the road onto the pavement and injures a pedestrian, or damages property, he is prima facie liable.

If the term diversity is considered in а very simplistic wаy, then diversity cаn be seen аll аround us, by the cаrs we drive, the clothes we weаr, the different diаlects we speаk etc. While this mаy be а very generаl wаy of looking аt the term diversity, there is а considerаble grаin of truth to this stаtement.

In a limited company, the liability of the members is limited to the amount remaining unpaid on the shares (The ICFAI University, 2005). The members of a limited company are only liable to contribute towards the payment of its debt to a limited extent. No member can be called upon to pay anything more than the unpaid value of his/her shares.

Commentators are concerned that tort law has gotten out of hand, for example. But a lot of the criticism is directed at procedural law and the lawyers and judges who implement it. Too cumbersome, too expensive, and too time-consuming. Does it have to be this way

Here, one must determine whether the republic’s legal system and laws are morally justified in taking the extreme step or whether they violate human rights in the most abhorrent way. Every country possesses and adheres to its own rules of law when punishing offenders. Mainly, appropriate punishment is dealt with for the severity of the crime committed.

Terrorism Act 2000 which came into force on 19th February 2001 was subjected to wider debate even from the date of its introduction sometime earlier. Traditionally the control, monitoring and tracking down of terrorism in the UK was subjected to almost all the legislation. This situation was changed to one that depends exclusively on the definition of the term ‘terrorism’ as laid out in the Terrorism Act, 2000.

A particularly interesting area covered by the law is that of trademarks, designed and used for the branding and advertising of a particular company, product, or idea. Here we will look at basic trademark law as defined under the Trade Marks Act 1994, and come to a better understanding of why such descriptors were not permissible as trademarks.

This was the period from the mid-1940s until the early years of the 1990s; during this era, international relations between the major powers including USSR, Britain, France, China, and United States moved the world. Some popular events like the Cuban Missile Crises, the Korean and Vietnam wars, and the tension prevailing in Afghanistan were of foremost notice.

The author states that Further telling an employee she is stupid is a deflation of character and provides valid grounds for the lawsuit. The verbal abuse Sarah Dodd endured while working caused her significant harm contributing to her depression. Sarah Dodd has been seeing a psychiatrist that has clinically diagnosis her with depression.

In an unfair dismissal case filed by Mr. Styles in “Mr. Styles v London Borough of Southwark 2006”, the employment appeals tribunal found that there had been reasonable behavior on the part of the employer as a head teacher of the school wrote to Southwark on a series of allegations against Mr. Styles as threatening behavior and intimidation.

Positivistic criminology studies crime and criminal behavior through the application of the scientific method without taking into account any kind of metaphysics or spiritual causation.  It only considers as valid any kind of data that can be gathered through experience, observation and experiments.

The author states that that in China there are all kinds of laws, for example, economic law, administrative law, environmental law, and civil law. Each law has its special function to rule our behavior, and all of the common laws are based on the constitution. Laws play a great important role in our country.

In nutshell, the essentials needed for a valid contract, therefore, are as under an agreement between the two parties. An agreement is the result of a proposal or an offer by one party followed by its acceptance by the other; agreement should be between the parties who are competent to contract etc.

However, in R v Khan, the defendant, who supplied the victim with heroin, was convicted of manslaughter by omission for having failed to call for medical attention. While the facts, in this case, differ considerably, the same duty to summon medical attention when the accused is alone with another who is injured can be inferred.

One main contention is that the use of a sampling of previously composed music is permissible in the creation of new music. However, present copyright laws make this illegal. In the mid- the too late 1980s, hip-hop artists had a very small window of opportunity to run wild with the newly emerging sampling technologies before the record labels and lawyers started paying attention.

The valuation of any property often referred to as Real estate appraisal, property valuation, or land valuation is the practice of developing an opinion of the value of the real property, usually its Market Value. The need for appraisals arises from the heterogeneous nature of property as an investment class: no two properties are identical, and all properties differ from each other in their location.

In this case, a person is stated as an owner of the property only when he has the ultimate legal right over its use and disposal. A person can acquire ownership in three ways that is the: originally- this is a situation where an individual creates a new thing or on the other hand he acquires an item that no one can claims or that has been abandon by its previous owner.

The author states that like many other news sites on the internet, The Australian and The Lebanese Daily Star for the past years have served as watchdogs in their respective countries. Both have a wide scope in almost all fields such as politics, business and economy, entertainment, and other social issues.

Property with Retention of Title will not be available to creditors during the process of liquidation, because title to the goods rests with some third party. The Recession Bank plc will have priority over the other creditors while distributing the assets. Lastly, general creditors and the shareholders will be accommodated, subsequent to payments being made to floating charge holders like Sess.

Intellectual property rights (IPR) is an exceptionally complex legal, ethical, cultural and economic issue, and the recent explosion of literature covering various aspects of IPR management and protection is very indicative of this complexity. Moreover, the recent development of digital and information technology has made it more controversial than ever before.

The author states that in general, this criminal activity is influenced by diverse social factors and reflects the social situation in a particular country. Also, critics and researchers underline that rates of white-collar crime depend upon biological and genetic influences as drivers of antisocial behavior patterns.

As per Article 4, National laws or regulations, collective agreements or arbitration awards may authorise the partial payment of wages in the form of allowances in kind in industries or occupations in which payment in the form of such allowances is customary or desirable because of the nature of the industry or occupation concerned.

Post employment restraints have been around for centuries, but have been popularized in the legal profession due to a number of suits that are based on whether or not a certain restrictive covenant is legal, reasonable, or enforceable to the case at bar.

The lender Has such a right because he either has a legal term of years in the property under S .85(1) or s. 86(1) Low of property Act 1925 or, where the mortgage is created by A charge by deed by way of the legal mortgage under s. 87, he has the same protection, powers, and remedies as if he had a legal term of years in the Property.

The main laws that were passed to address the issue of discriminations against ethnic minorities are as follows. The Race Relations Act was first enacted in 1965, the main scope of which was to make it unlawful to physically stop people from entering hotels, cinemas and some other public places.

According to Pieter-Bart Visscher and Timen Swijtink when the ECC finds evidence of unfair competition it may impose substantive fines to ensure that competition is not distorted or restricted. In the case of mergers, the ECC can prohibit a fusion when there is a chance of misuse the market position of the newly formed company.

One of the main issues which are dealt with in labour laws concern the process of signing contracts between the employer and the potential employee. This is important in ensuring that neither of the two goes against the agreements that were made and that legal steps can be taken in cases where either party goes against the signed agreement.

The concept of Mens Rea started its development in the 1600s in England when judges started to say that an act alone could not create criminality unless it was adjunct with a guilty state of mind.

The mainly feasible approach towards a comprehensible acceptance could be that John himself considers this type of action as something very common and normal part of a connection perhaps for the reason that he saw his own father whipping his mother and since then his observation towards women is rather low-grade.  

One who is currently under possession of property has a better life than one who has the right to possession. In this case, J has aright to possession of the restaurant and house since he inherited this property. But it must be noted that he inherited the property in 1965 and has never had possession of the property till recently when they fell vacant.

Gaining such reputation is primarily owed to their duty of confidentiality, an implied term between banks and their customers which states that the former may not disclose any of the information, which includes but not limited to account transactions and personal records, pertaining to the latter ("The banker's duty of confidentiality to the customer").

The author states that there are various opinions on why the U.K does not have a written constitution. Some observers feel that the U.K does not have a codified constitution because it has been politically stable for too long. The royal families in other European countries like France and Germany have had to step down and draw up constitutions.

Sentencing within the criminal justice system serves a number of purposes. First, it serves to punish offenders. It does this by depriving offenders of liberty, property, other rights and freedoms. Secondly, sentencing serves to reduce crime. Third, sentencing allows reparation to the victims of an offense or those otherwise harmed by an offense.

The products of the company are Children’s wear and perhaps accessories and other relevant stationaries of the same product line. There may be trade names and other items of what is called intellectual property associated with the product and the Agreement deals with these as well. The Agent will then be paid a commission.

The rationale of making this Act was to prevent and punish terrorist activities around the world.It has provisions to increase the ability of law enforcement agencies to use investigatory tools to search emails and telephone communications and reduces the restrictions on foreign intelligence within the United States.

The author states that it should be noted though that having an appeal heard in the Court of Appeals is not a matter of right. Rather, one must receive permission from the Court to file their appeal. Permission is not often granted because the party seeking the appeal must somehow show that the lower appellate court abused their discretion somehow.

The author states that the Theft Act needs more and clearer limitations to make the statement of verdicts easier and faster. This section has also presented conditions that state when a transaction is merely a money transfer or a fraudulent activity, and eventually led to the birth of The Fraud Act.