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In the given situation, it is clear that the consideration for the invitations is valid considering that it is real, not vague, indefinite or illusory, definite, valuable, legal, beyond the promisee’s existing obligation and it was not past. Hence, there was a valid and enforceable contract between Susan and TMD.
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.
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The Consumer Credit Act 2006 amending the original act of 1974 seeks to rectify deficiencies that have led to the exploitation of consumers by the lenders and unequal or unfair relationships between them giving lenders undue advantage. The financial limit of £ 25,000 has been removed in keeping with the changing credit needs of the borrowers in a consumption economy.
The same analogy of vulnerability applies to transactions that have been entered into with an intention to defraud the creditors. There is no time limit set between the date on which the transaction is entered and the date on which the winding-up proceedings started, for questioning the reasonableness of such transaction.
As the paper declares while old, the International Court of Justice was not the first world court. The first World Court, also called the Permanent Court of International Justice, was created by the League of Nations back in 1922. This court was in existence from 1922 until 1940, although it did not hear many cases.
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.
Natural laws are not necessarily written and they are considered superior to positive law. Positive laws are those laws that have been enacted by the proper authorities for the government of a society (1998). Positivism actually looks at what positive law is.
The theory of comparative method puts at the forefront comparison itself, while comparative law is frequently associated or even sometimes equated with it. There are always certain discrepancies about this theory concerning he purpose and the subject matter of comparison. The competent has to represent a process.
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The convention for the International Carriage of Goods Wholly or Partly by Sea or the Rotterdam Rules are a much awaited necessary step to incorporate the international shipping law into the modern period. The Rotterdam Rules will replace the COGSA Law adopted in the United States and the Hague-Visby Law.
An enforced disappearance occurs when "persons are arrested, detained or abducted against their will or deprived of their liberty by officials of different levels of Government, or by organized groups, or private individuals acting on behalf of, or with the support, consent or acquiescence of the Government, followed by a refusal to disclose the fate or whereabouts of the persons concerned.
Changing the surname of a child is being done as a "result of divorce" ("Changing the child's surname") of the parents or to correct paternity fraud. In cases of paternity fraud, there are many potential victims. This includes the man defrauded, the biological father who is deprived of his paternal relationship and most of all, the child who was deprived of a relationship with his biological father.
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.
Money laundering is defined as a process in which a criminal engages in a series of financial transactions that attempt to hide the origin and ownership of property obtained by illegal acts in an attempt to increase assets under the disguise of legal sources. Money laundering transactions generate assets that are a result of some illegal activities such as drug deals or tax evasion.
The author states that the miners in South Africa which were the lead producer of diamonds started working together and created a ‘cartel’ that would discuss and decide the price of diamonds in the world market. This cartel was formed with De Beers in the lead and they coordinated the entire operation of forming this initial syndicate.
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.
In response, the Union attempted to regain order in the Confederate states during the Reconstruction era. The ex-slave states were divided into 5 military districts by the Reconstruction Act of 1867 and an assistant commissioner was appointed to each district. (McElrath 2008 Afroamhistory.about.com)
The author states that due to the resultant war the occupancy was low and HT negotiated with CLPT to reduce the cost of the lease to £1250 pa for the period 1940-1945. It was done. But after the war was finished the demand increased again and there was a hundred percent occupancy. CLPT sued HT for the full cost of the lease.
The author states that firstly a DNA sample is extracted from the cell. Restriction enzymes then cut sections οf the DNA close to but not within the VNTR regions. The DNA fragments produced are then separated according to size using gel electrophoresis. The smaller the fragments, the further they travel to the anode.
The United Kingdom legislation on the rights of all the workers, embedded in the Commission on Equality and Human Rights of the year 2006 has over time attempted to reduce the incidences of discrimination within the work place. In relation to this, most corporations or organizations whether public or private have adopted similar non-discriminatory policies.
The following paragraphs details the trials and sentencing of Nat Turner, a preacher by heart. of
There are five main issues in this case. First, Nat Turner answered that he did not feel so when asked whether he was not guilty of the case masterminding the murder of innocent white men, women, children including infants.
Identity theft as the name suggests is quite different from what might be considered a “traditional” crime. In identity theft, there is no physical harm or use of weaponry against an individual when demanding information. The objective is to use someone else’s personal information stealthily and go undetected for as long as is possible.
The millennium witnessed an increase in concern about youth and crime. In part, this was due to a nervous public response to increased urban and industrial development that weakened the traditional sources of social control by the family and the local community. It also reflected a growing recognition of youth as a specific stage of the life course that was especially susceptible to deviance.
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.
Philosophers of science have long established the concept of causation. The reasoning behind the concept argues that a problem can be better tackled and/or alleviated by the understanding of the root cause(s).
The concept of company law known as a “single economic unit”, may lead the EU commission to conclude that the private investor is a part of that group. When applying this test the EU Commission cannot apply the private investor test “ex-post”; that is by looking at the facts as they developed after the decision to commit the funds.
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Organized crime in the United States is very different because the economy does not depend on it. The strongest influence organized crime has in America can be seen through their infiltration of labor unions. Labor unions that have been penetrated by crime groups can put pressure on businesses and politicians to act in their favor.
Each superpower continues to use the threat of force to deter attacks by other superpowers on itself or its allies; its deterrence ability thus serves an indirect, protective role, which it can use in bargaining on other issues with its allies." (Lechner and Boli p 80).
Despite the ease by which a business firm from the West, for example, may merge with another from the East and undertake investments in the South, however, international business is as bound and regulated by law just as is business conducted within the boundaries of the home country.
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.
On one end of the debate are advocates of this practice, led by Alan Watson, who view the transplanting of legal rules as "socially easy" because of their belief in the separation between society and law (Watson, 1974); while on the other end of the spectrum are skeptics who argue that "rules cannot travel" (Kahn-Freund, 1974) because they are inextricably linked to the context accorded by the origin at which they were created in.
The financial services industry encompasses a broad range of organizations that deal with the management of money. These include insurance firms, banks, credit card companies, consumer finance companies, stock brokerages, and some government-sponsored enterprises. In terms of earnings or number of employees, this business sector is not the largest category and is even considered a slow-growth, highly fragmented industry.
The respective branches of the legal profession in the UK have a long and relevant historical background. After England came under the reign of the Normans in 1066, it also ushered into this realm the concept of an exclusively legal profession (Encyclopaedia Britannica). In the earlier days, the judges for the courts in the UK came with an ecclesiastical background.
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.
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 author states that the trial judge found that, assuming the insured had breached Statutory Condition 4 by not advising the insurer of the earlier vacancy, the insured should be relieved from the consequences of that breach under s. 171 of the Act, which states that a policy condition is not binding on the insured.
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.
Those are given below:
(i) There was no evidence by which the allegation of racist could be supported. Investigation of the police officer in the murder cases did not give any complain against specific officers and in the same way could not cover the Racism's broader issues.
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.
On today's Supreme Court, conservative Justices Anthony Kennedy and Clarence Thomas take a broad view of free speech, often broader than many of their liberal colleagues. But until the late 1980s, conservatives generally took the narrower view, not just on matters such as sex and flag desecration, but even on political and social advocacy.
Topaz may have committed the criminal offense of soliciting or loitering as penalized under Section 1 of the Street Offences Act 1959 (as amended by Sexual Offences Act 2003, section 56, schedule 1, paragraph 2) which provides that it is an offense for a common prostitute to loiter or solicit in a street or public place for the purpose of prostitution.
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.
There are many ways to reconstruct this case because we want to say it is alright to do this. We believe somehow it is different because he is a police officer but the bottom line is, he is a danger to the innocent just like everyone else who drives drunk. The only way to make this decision correctly is to make it following the Code of Ethics.
The case is about a problem created when a company applied for a Trade Mark. The brand was already being used by another company which was not only earning wholesome money from it but was also a reputed one. This launch was capable of causing loss to the already running brand. Not only this, but it would affect the repute of the well-known company.
This paper will begin with the statement that one of the distinct fields to emerge in the aftermath of the Second World War is the international human rights law. Though there is a substantial body of norms of international human rights law, the mechanism to enforce it universally has remained weak.
Social engineering can be seen as a society, sharing common values and goals but with different perspectives to achieve them. These perspectives escort them towards the right and wrong ways of achieving their targets, thereby giving rise to crime. Crime as seen in the context of theories of social engineering caused by the individual exercise of free will.
The author gives an example of an industrious farmer who manages through hard work to produce a surplus of food for the winter while a lazy neighbor spends the summer relaxing. Must our industrious farmer give the surplus away because without it that neighbor, who refused to work, will suffer?
Tax year means that only those incomes obtained from employment from 6 April in one year to 3 April the next year shall be the basis in computing your income tax thereafter. For example, in computing your income tax liability from employment for 2008/2009, we shall consider your income received from 6 April 2008 to 3 April 2009.
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the Freedom of Speech or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances
Freedom of the Seas during peacetime is open to all the nations and this has no connection with the national sovereignty. In 1609, the celebrated Dutch Jurist Hugo Grotius proposed the Freedom of the Seas that has become an integral part of modern International Law today. By the second half of the 20th century, coastal states had started demanding offshore-fishing rights.
Freedom of expression, also known as the right to free speech, is enshrined in Article 10 of the Human Rights Act of 1998, which states that 'Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority.'