Law Essays

In order to Advise Tony and Nathan, it is necessary to consider two of the maxims that operate closely together are ‘equity will not perfect an imperfect gift’ and ‘equity will not assist a volunteer’. It is a pithy way of stating that, where a trust is incompletely constituted or a gift is imperfectly made, equity will not give its remedy of specific performance.

The United States Constitution is the supreme law of the United States of America. It was adopted in its original form on September 17, 1787 by the Constitutional Convention in Philadelphia, Pennsylvania and later ratified by state-selected delegates representing the people of the several states.

The Consumer Protection Act was written in 1987 to switch the burden from the consumer to the manufacturer.  Written to bring English law into closer compliance with the laws of the European Community, this act only requires that the consumer prove that the product was defective and that the defect in the product caused some sort of harm.

Escobedo did not present the interrogating officers with any statement and he was released that same afternoon after his lawyer submitted a writ of habeas corpus in the state court suggesting that there was not enough evidence against his client. Based on the statement given by Benedict DiGerlando that it was Escobedo who had shot dead his brother-in-law.

In the formation οf contracts two elements are vital. Firstly, the "offer," is an indication by one person prepared to contract with another, on certain terms, which are fixed, or capable of being fixed at the time the offer is made.[1] Secondly, there must be an "acceptance", an unconditional assent to a definite offer.

Corporate manslaughter refers to an act of homicide committed by a company. The Court of Appeal in one of the cases of the Herald of Free Enterprise disaster which took place in March 1987 confirmed that a company can in principle commit manslaughter (Corporate Manslaughter, 2006). A company can be held responsible for committing such a crime.

Though he was embraced by his company, and though he was excited about his position, he soon began to dislike the stress he was placed under, such as the stress of being on the road on an almost constant basis. Not to mention, he had to deal with overwhelming loads of paperwork. To make matters worse, he was upset that he was not able to spend more time with his wife.

Before proceeding to the legalese proper, it is necessary to take a look at the Union to which the law under scrutiny and review applies. The EU is the regional integration of several nations established for the common economic and political interests of its members, now numbering twenty-seven. The idea of a union came when the Second World War ended.

Accordingly The Draft Services Directive (com 2004/2 final), of the EC Law was formulated to cover almost all the services which are defined under community law as economic services with the exception of those services in which, specific initiatives to complete the internal market exist.

Importantly, it has introduced a range of civil orders that are very much significant in saving people from sexual exploitation by sex offenders. The Sexual Offences Act 2003 has erected a viable legal framework for dealing with sexual offenses. One of the significant aspects of this act is the special attention on providing a detailed discussion over consent concerned with rape.

Supreme Court Act 1981 s 31(3) requires a claimant for judicial review to establish a sufficient interest in the matter to which the application relates. In criminal proceedings the only claimants with sufficient interest are the Crown and the defendant: R v Home Secretary ex p Bulger [2001].

In neither of these cases could a tort suit be brought with a reasonable chance of success. Torts are perhaps by necessity very broad in definition in order to allow the myriad of possible scenarios that might be brought to be included. In neither of these cases do the facts come even close to providing a reasonable tort case.

The global system of domain names is used to facilitate navigation of the Internet. The principle of this system is rather simple: the domain name is mapped a numeric Internet Protocol Number corresponding to it. Global nature of the domain name system means that users from any place can access the corresponding online address.

The case study relates the fraud allegation against Columbia HCA, a hospital corporation that has seen remarkable growth and success. It is alleged that the corporation engaged in fraudulent claims to acquire more money from Medicare – a government health care support.

According to British law, “Employees will be unfairly dismissed if their employer dismisses them (so selects them for redundancy when others in a similar circumstance were not selected) because they: carry out or propose to carry out any activities which they are designated by their employer to carry out in connection with preventing or reducing risks to health and safety work.

The accurate understanding of the common law of salvage and how cases within are decided is dependent upon a comprehension of the implications of each of these terms/elements of salvage law. Each shall now be discussed in turn and as they have been defined by both the Merchant Shipping Act, 1995 and case law, or decided cases.

For many people intellectual property is something ephemeral, the thing they cannot see and touch, thus they have problems getting the notion that it needs protection as much as the material goods do. Intellectual property is one of the key notions in the agency of most of the companies working in the technology area.

USA contract Law Essay The Restatement 2nd defines contract as, 'a promise or a set of promises for the breach of which the law gives a remedy, or the performance of which the law in some way recognizes as a duty.' Contracts are fundamentally between two parties and each party has certain rights and obligations towards each other. 

Perhaps the most important lesson to be learned is that it is in the very nature and essence of government that it must be in a constant state of change, ebb and flow, and it is for this reason that we must maintain a degree of flexibility in our views about Dicey had so thoughtfully formulated over a century ago.

I even considered auctioning the site off as a loss and contacted London auctioneer Allsop who told me not to waste my time and that they wouldn’t take it on as there was no funding for buyers to buy sites with planning permission already granted and I wouldn’t even get a single bid for it regardless on pricing. 

Crimes that are done against person affect the different aspects of personality such as the pornography and distribution of offensive materials through the internet and e-mails. These types of crime are considered as having the most common occurrence in cyberspace. Harassments also occur to the persons that utilize computers.

In the case of challenging regulations, it has been held that true regulations being normative acts are not open to individual challenge. In addition to showing direct and individual concern, an individual applicant will also have to show that in substance the Regulation is really a decision or a bundle of decisions in order to challenge it.

Immediately contact the fraud departments of any one of the three consumer reporting companies in order to place a fraud report on your credit report. What this does is alert your creditors, who then are required to contact you before opening any new accounts or making any changes to existing accounts. 

The increasing tendency to develop criminal units and subgroups in the struggle for life has not escaped the attention of the criminal, who uses the same protective device in his fight against organized society. Living in constant danger, the criminal has even been forced to elaborate units that function more smoothly than legitimate groups.

These crime prevention programs have been formulated to finish all sorts of crime from the grass-root level whatever they may be. The need for such crime prevention programs has been for a long but work on these programs just began about two decades ago. The arrest and punishment were not the only way out of crimes.

The author states that laws that regulate the time, manner, and place, but not content, of speech in a public forum, receive less scrutiny by the Court than do laws. It is not necessary that a content-neutral law be the least restrictive alternative, but only that the government's interest would be achieved less effectively without it.

Yet increasingly this distinction is blurred with compensation orders and other reparative ideas insinuating themselves as a regular adjunct of sentencing options. A second misconception concerns the purpose of criminal law. However, corporate risk-taking has disparate these two conceptions by rising issues against criminal law along with the law of corporations.

An alleged wrong, as defined by The American Heritage Dictionary of the English Language, Fourth Edition (2000), is "represented as existing or as being as described but not so proved; supposed." Examples of tort include intentional torts such as defamation, battery, and invasion of privacy.

The documents presented by DTI on were very similar to those data published on the material entitled 2006 Success at Work. With this comparison, it was apparent that there were no improvements, deletions or changes made that will aide in the prevention of prejudice and disparity experienced by agency workers.

In the first instance, I'll describe the organization, the British Retail consortium, and explain the role of the organization and my role as representative of the organization. I'll also claim on my own expertise and the organization's expertise and would provide a response to the draft policy guidelines as part of the consultation. 

The facts of the case are as follows that the plaintiff, who wished to hire a deck chair on a beach went to a pile of deck chairs belonging to the defendant council near to which was displayed a notice in the following terms: "Barry Urban District Council. Cold Knap. Hire of chairs 2dollars. per session for 3 hours."

On empirical grounds, Bhagwati’s criticism is also interesting. The causal chain of the Ricardian theory runs from labor costs to autarky prices to the direction of trade. Given the imperfections in a trade that we postulated above, however, post-trade prices in each country should partly reflect autarky prices. 

The ability of English judges to protect human rights in the United Kingdom and to reconcile conflicting rights, in the manner indicated, is inhibited by the failure of successive governments over many years to incorporate into United Kingdom law, the European Convention on Human Rights (ECHR).3 Moreover, the United Kingdom Human Rights Act of 1998 has attracted major attention within the Western Europe, yet it is a drop in the bucket in global terms.4 The UK Human Rights Act 1998 does not represent a fully-fledged British Bill of rights but rather seeks to incorporate the guarantees of the ECHR into English law.5 Currently, UK is the only country in Europe or the democratic commonwealth wit

It is everybody’s knowledge that it is important to communicate effectively in law study and research. The importance of communication is crucial for any study and it was as important in law research. The virtual learning programs of law schools and universities must increase the communication skills of the students.

The Hague Rules make no distinction between public (common carrier) or private carriage. The rules do not apply to charter parties, which are essentially contracts for the lease or hire of a ship and not contracts of carriage. However, if a bill of lading under a charter party is negotiated with a third party, then that bill of lading will be covered under the Hague Rule.

Based on previously decided court decisions, it is believed that the court or tribunal would be in a position to offer an equitable and just solution that would be acceptable to both states A and B, in the event this is not acceptable to either, this case would have to go up to higher authorities for hearing and verdict. 

In doing so I propose that the Constitutional Reform Act of 2005 has indeed transformed the relationship between the Executive and the Legislature. The answer is not straight forward although perhaps the most significant change is the role of authority between the Executive and the Legislature.

Human rights are badly affected by the alarming spread of global terrorism threatening Human Life and Public Property. The security of the life of individuals has become a burning problem of global nations. In Europe, Human rights are well protected under the age-old European Court of Human Rights which is also known as ECHR.

The paper is divided into two sub sections : it gives a clear picture about the basic concepts related to holidays and leaves taken by employees in an organization. It identifies and defines the various clauses related to holiday pay as in – calculating holiday-pay, rolled up holiday pay and so on.

Presently the EU is composed of twenty-five nations. Included in these member nations are Austria, Belgium, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, and the United Kingdom.

The author of the paper states that the officer does not have enough proof that there is a felonious activity going on. The speed of the vehicle does not necessarily indicate that the suspects are fleeing; it might indicate loss of control over the vehicle. Thus, there is no need to fire a warning shot.

Legal formalists may acknowledge the existence of legislative style holdings, but argue it wrong to give courts the power to legislate in this way. In the same vein, legal realists may be willing to concede that some courts use holding in its "old-fashioned," ratio decidendi sense, but argue that judges should employ legislative style holdings. 

Feminist criminology has enabled us to think in different visions and grounds of the criminal approach. Today criminology is not limited to the criminals alone but the environmental aspects, which motivate these criminals. The dilemma lies in the fact that today, the law is not so much violated as ignored. 

In Britain, virtually all cases start in the magistrate courts. Most of the less serious offenses are entirely given to magistrates and nearly 95% of the cases are solved in this way. So the procedure of justice begins with the magistrate courts that form the smallest unit of the criminal justice system. Only the more serious offenses are sent to the Crown Court to be dealt with by a judge and jury.

Government mechanism based on the US Constitution, makes laws and it need to be implemented with its full capacity to keep its meaning as prescribed at the time of its creation. Hence it is the mandatory duty of the state mechanism and its law enforcement agencies to implement such enacted laws to the state as foreseen by the enactors.

Also, you are 38 years of age, dropped out of school at age 17, spent quite a few years in athletics and working as fitness instructor before you trained up as welder. The application for this visa is made under any one of the various subclasses, viz. form 47PT, 47SP, 47SP (Internet), 47CH, 47PA, 47OF, 47SK, 47ES, 47BU, 47SV, 147, 157A, 852, 866, 918, 1002, 1003, 1005, 1066, 1096, 1150, 1150E (Internet), 1276 or 1276 (Internet).

It can however be said that no one paradigm of penology holds the key to unraveling the solutions to crime and its prevention in society. The noted benefits of restorative justice especially amongst young offenders should be maintained and supported to work in tandem with other conventional forms of penology in the criminal justice system.

Youth is considered one of the most important members of society because they form the active strata of the population which is considered a potent force with the capabilities to take the nations to new heights. The youth must be nurtured so they can be developed as positive and constructive members of society.

There is a demand for special consideration in terms of the length of travel time and the nature of calls for service in rural areas. It does not mean that police patrol forces do not operate in rural environments, such as small towns and countries. There is a need for them to provide the community with prompt and effective emergency services.

The Crime and Disorder Act has made it a legislative duty on local authorities to work with their local police to reduce crime and disorder. Block refers to various sharing of information in the identification of locations to which crime prevention resources need to be focussed and targeted with the help of local authorities or police.