Law Essays

The damages recoverable in trespass to the person's claims are indicative of its vindicatory goal as a tort. While a claimant can recover actual damages he is also entitled to exemplary damages and as noted previously a plaintiff does not have to claim special or actual damages in order to pursue a tort involving trespass to the person.

The changes ushered into the British legal system ride on the crescent wave of voices and policies in the European community that seek to uphold the primacy of human rights and due process, particularly when made vulnerable by antiquated state structures and legal institutions. The clear trend has been to favor the sanctity of individual liberties over the preservation of traditionalist and vanguardist policies.

Al Qaeda is an international alliance of Islamic Militant organizations founded in 1988 by Osama Bin Laden after the soviet war in Afghanistan.  The main information of this outfit organization was to fight back the soviets who had invaded Afghanistan in the 1980s.  After the withdrawal of the soviets, Bin Laden returned to Saudi Arabia.

According to an article on WordPress, anti-immigration could make Arizona a losing zone when it comes to winning electoral votes for the next presidential election ("What's the REAL Reason for Arizona's New Jos CrowLaw," 2010, p. 1). The anti-immigration law violates the Constitution on so many levels: it violates privacy, searches are unreasonable, searches are unwarranted, people are profiled, and rights are violated.

The well-rounded legal philosopher takes legal analysis in its three dimensions simultaneously: legal theory, legal doctrine, and legal practice together. Legal doctrine guides human conduct. Legal theory guides the selection of the applicable doctrine. Legal practice is the application of the doctrine to a given set of facts. 

The author states that terminally ill patients suffer from depression or a false sense of worthlessness, which may affect their judgment. Their decision-making may also be affected by confusion or dementia, which could be relieved with appropriate treatment. The legal position in respect of selective non-treatment was addressed by the House of Lords.

On the other hand, in regard to the civil law, the plaintiff has to prove to the judge that the defendant is guilty of an offence against him. 1 In criminal law, a crime is defined as an act or a conduct prejudicial to the community, the commission of which, by law renders the person responsible liable to be prosecuted and punished accordingly.

The doctrine of direct effect was established in the 1963 Van Gend en Loos case – the Court ruled that the EU/EC citizens had a legal right to expect their governments to adhere to the EU regulations and obligations; the direct effect is expressed as “the capacity of a provision of EC law to be invoked before the national court.”

In case of admitting liability, the defendant will be deemed to have admitted a maximum of £15,000. In case of denial, the defendant shall furnish to the claimant documents relied upon which may be ordered to be disclosed by the court either in a pre-action disclosure or disclosure during the proceedings. The following are the likely documents. 

Having heard and understood the details of the case from you, we appreciate your desire to know the scope for a successful litigation in the matter with a view to repairing the damage to your reputation and promotional prospects of Juicy Bones caf chain.

Generally speaking, over the years Lucy has a reason to believe that her husband is dishonest with her, she has proof of his illicit affairs with a woman named Vicky and she has lived separately from her husband for almost two years, partly with friends, on her own and partly with a man named Oliver.

The act does not define independent contractor or contract for service. In view of the nature of the definition, courts have prescribed several tests for distinguishing an employee from the self-employed and also contract of service from the contract for services. This question arose in order to decide who was liable to pay national insurance contributions.

Servitudes create rights or obligations over land and may run with the land, having their source in private agreements made when the land was initially transferred or later. Examples include rights of way and constructions over servient land, then such covenants being registrable charges under the Land Charges Act 1972 will be void.

The author states that occupiers of premises owe a duty of care to all entrants to those premises to ensure they are not dangerous. This duty arises because of the occupier’s control over the premises. The standard of care owed by the occupier to an entrant is simply the ordinary common law duty to take reasonable care.

While many companies and individuals have turned to technology for security management, professionals in the field must have broad perspectives on both perpetrators and victims to fulfill their tasks. The study of victimology is valuable and critical for effective planning of protocol as well as forming a good security team.

The view of the common law for a very long time has been that the parties to a contract are free to decide upon the obligations that they intend to be binding upon them, so regulation in context of the content of the contract by courts have been only in exceptional circumstances. However it has been seen that there has been a change in the approach of the courts because of the use of clauses that exclude or limit liability for breach, which have led the court to protect weaker parties to the contract.

There has to be a trail of malice aforethought. This is referred to as CONTEMPORANEITY RULE. Substantially, the act of committing a criminal offense is referred to as the ACTUS REUS while the state of mind of the defendant at the time of committing the criminal offense is referred to as the MENS REA. The actus reus does not just mean the act.

A contract, which is an agreement between two or more persons, which is intended to create legally binding obligation, can be terminated or discharged.The contract between Maldrive and Planright was discharged by frustration.The government secured the enactment of emergency regulations, which prohibited with immediate effect the manufacture and export of the relevant weapon system.

in the form of some verbal or written confession to the fact, then the possibility of manslaughter arises. There is also the legal duty to act because of an actual or implied contract. For example, in R. v. Pitwood (1902) a defendant was convicted of manslaughter after he failed to close a level crossing gate with the result of a hay cart and a train colliding.

Industrial relations are an aspect of industrial studies that deal with the formulation of policies to promote harmonious relationships within the organization in its operational sphere. The fundamental aspects of studying industrial relations are to base the same on an analysis of the industrial relations law.

Billy is advised that based on the Hoare and Pierce/Beckles interpretative issue basing his appeal on his silence because of Legal advice will depend to a large extent on his mental state at the time of the questioning and also the extent of his genuineness in heading to the advice of his solicitor.

Joel has just asked her to marry him but Patrice is no longer sure she wants to remain living with him. Patrice wants to know what will happen to her assets in the event of her death if she does not make a Will. The home they share is currently worth £250k and there is a mortgage of £120k. It is owned by Patrice and Joel as tenants in common.

Manslaughter is the unlawful killing of a human being without having any expressed intention or implied malice. The term was used for the first time in the 14th century.  OVA's civilization advanced, and the term collected more gravity over time. At present, it draws much attention and has more importance within the purview of every country's law and order systems.  

It has interpreted ‘appreciate’ as ‘affective understanding’ or ‘knowledge fused with effect.’ The interpretation requires that the defendant not only have cognitive interpretation suggesting that the act is wrong, but also that the defendant experience usual or normal affective responses associated with the act.

And nineteenth century judges such as Lord Eldon who in kennedy v Lee said that it was not the task of his 'to see that both parties really meant the same thing, but only that both gave their assent to that proposition which, be it what it may, defacto arises out the terms of their corresondence.

The Bulk-Carrier has a lot of violations that were committed if we are to deal with the Haque-Visby rules, with reference regarding the responsibility of the cargo vessel to transport goods from the starting point down to the receiver. The cargo vessel has the great responsibility of the safety and quality of the goods to be transported.

At times, the person alleging that he has suffered injuries may have himself contributed to the injury itself. In this case, he cannot maintain an action against another with regards to the injury. But the law has been amended by the law reform of England. The aggrieved party can now be awarded damages for an injury that he contributed.

I would advise Mr. Andy that his accident occurred in the type of area commonly known for producing similar types of vehicle mishaps, and it will not be necessary for him to prove any type of vicarious liability. It is the duty of the owner to make the property safe. In McWilliams V. Sir William Arroll 1962, the ‘but for’ test is applicable on the premise that he would not have sustained the injury but for the breach of the defendant.

According to the essay, the Legal Services Bill aims to improve the state of country’s legal profession in private practice. By “legal profession in private practice” it is meant the provision of legal services to private clients outside the realm of a government structure. It covers the broad spectrum of cases.

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 fact that payment or delivery of goods was not made to the buyer is immaterial. This was held in the case of Tarling v. Baxter. The plaintiff bought a haystack from the defendants. The haystack subsequently burned down and he sued the defendants. It was held that the buyer had to bear for the loss and was therefore required to pay the price.   

PW Metals are right when claiming that they have a valid contract for delivery of 500 lengths of the tube at a price of Ł1.85/meter unless that date of validity expiration has been clearly stated on the offer that has been sent by L&H, AND that validity period has expired on the moment when PW requested delivery date for the tubes.

It was Al Capone and his mafia family plus affiliates close to him that truly made American people aware of how deep organized crime actually was and still is, in the United States.  The reform movements that occurred in the ’30s turned up multitudes of criminal conspiracies, which linked gangsters, politicians, and police.

Nuisance is part of a class of torts that protect against harm to property. Specifically, nuisance is an injury caused by unreasonable interference with the use of land. It is closely related to the tort of trespass, which concerns the physical intrusion on the property of another.

The third is fraudulent trading. This is laid down by section 213 of the Insolvency Act 1986 and provides that if any director trades or carries out business with the intent of defrauding the creditors of the company or the creditors of any other person or for a fraudulent purpose, they can be held personally liable for the debts of the company. 

However, with new technology, advanced ways of facilitating protection have also helped Governments of different countries carefully design explicit legislation to control privacy protection. Surely maintaining the balance between the need for privacy and data protection, on the one hand, and law enforcement, on the other, is no easy task.

The set of facts are examined in a court of law and a conclusion is drawn based on them. When the facts are unique and have not previously been examined in a court of law, a precedent is set. When it is so, any other case from that point on with similar or identical facts is ruled on based on the ruling applied to the initial case.

There appears to be an intention to target Mr. Bevin, who happens to be old by reason of his being a retired school teacher. You can again add this to the fact that the small print in the offer is alleged to have not been understood by Bevin. Under the law, a man has the constitutional right to be presumed innocent until proven guilty by a court of law.

The most frequent problem is inability to pay for legal advice and representation. Some European countries have passed the bills, which cover the value of lawyers' services, other costs and expenses for legal assistance and by that facilitate public interests.

Where fraud has been perpetrated by the majority share holders of a company a minority share holder can institute a derivative action to enforce the company's right. Fraud would be when majority shareholders abuse or misuse their powers' for example may not pass a resolution that would be for the overall betterment of the company.

The first task to be performed is to determine whether Tracy and Wendy are employees or workers because The Employment Rights Act 1996 and the Trade Union and Labour Relations Act applies only to employees. In general, for determining the status of employment, the following tests are prescribed by the provisions of the Employment Relations Act.

Physical therapists are among the professionals within the ambit of health care. Physical therapy is very important in that it is a treatment and a preventive measure at the same time. Under Chapter 486 of the Florida Statutes, there are acts which can be the basis to refuse, revoke or suspend the license of a physical therapist. Administrative fines or other disciplinary sanctions may also be imposed in certain instances.

This question raises some issues from offer and acceptance. In order to The Aylesbury Borough Council (ABC), it is necessary to consider five things. First, an offer has been made or invitation to treat, secondly, if an offer has been made, the offeree has unequivocally accepted this offer. Thirdly, the acceptance has been communicated effectively though it is a reward case.

It advocates the viewpoint of the police force at large to be better trained in order to cope up with the challenges of contemporary times. Doward, Hinsliff and Townsend argue "Her death has caused widespread demands for action, including calls last night from the Liberal Democrats for ex-soldiers to be hired as police firearms officers"; a fact that becomes the primary point of focus for the article.

Some markets have seen victors; for example, TCP/IP is the Internet communication protocol, MP3 appears to be dominating music compression, and Microsoft Corporation's Windows ("Windows") is clearly the standard operating system. Similarly, the Internet must adopt a standard for web browsing and search, for email, and for web programming.

The author states that in England, there is an overwhelming number of justices of the peace as compared to professional judges. While there are only about 2,330 professional judges, there are over 30,000 justices of the peace. As civil servants, these lay judges are unpaid and must live within 15 miles of the court they work in.

Being an Administrator in a law firm generally entails overseeing the operations of non-legal staff and managing financial aspect of the firm. An Administrator ensures that support services provided to lawyers are in order. These fundamental roles played by the Administrator vary in degree based on the size of the firm.

The author states that the sample size consisted of 927 adolescents in juvenile detention facilities and community settings who were compared to 466 young adults in jails and in the community. There were four sites selected also using the criteria mentioned above. Two evaluation methods, which have their own focus, were used in the study.

The author states that guard property and condenses civil disorder, the police all over the world are endorsed with the legitimized use of force in order to maintain order. It is under the rule of law that the police maintain order in democratic societies and the principle of accountability to the rule of law causes serious tension.

Music piracy is an inarguable violation of established copyright laws and of the fundamental legal principle of property. Music, as explained by Frank Thorsberg and Elsa Wenzel (2003) is defined as a form of property and, more specifically, as intellectual property.