However, on the other hand, it is also observed that such states are relatively fragile and vulnerable, particularly with regard to internal turmoil; caused by wide-scale differences in language, religion as well as cultural backgrounds and hence may fall prey to open hostility between various ethnic groups.
The department is comprised of all prisons, remand and approved schools for younger offenders (Leebaw, 2003). The Texas Board of Criminal Justice steers the operations of the department and makes the important day to day decisions necessary for the operations of the department and the entire correctional facilities in the state by extension.
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Businesses find themselves in the temptation to avoid competition and create their own rules in the market. Players in the market undertake measures that are meant to outdo small competitors. These unethical practices in the industry have made the European Commission to play a key role in ensuring fair play.
This essay looked at what laws apply to SGEI and completion law in the internal market in relation to SGEI. Proportionality that viewed under the notion of uncertainty the test that applies to article 106(2) is attributed to operators in the internal market that fail to push beyond the operative mechanisms of such tests. It shows necessity especially by case law used.
The UNCITRAL Model Law is tasked with public procurement systems that give out rules, regulations, and guidelines for the efficient procurement of public goods works and services. The Model provides the basic methods that can be used for public procurement and remedies or mechanism that ensure compliance with the law are enforced.
The signature murders involve two separate murders that were committed to a span of one week. The first involved Luis Garcia, he was murdered in his apartment, and was discovered 24 hours later by his sister-in-law; his wife and son had traveled across the country to visit their daughter, and Garcia was to join them later.
This document focuses on the patent and trademark registration process. This study focuses on the situation in which the registrar may decline the registration of patents and trademarks if previous similar inventions or signs are available at the filing date. The proprietors of trademarks and patents may lose their rights.
The suit was filed on behalf of Victoria Colomo by her mother who is a former teacher and included in the suit as defendants were the school and nine district officials. There were several meetings held between Victoria Colomo and Joseph Fuller who were both special needs students at San Angelo Central High School.
Curiosity is an almost inevitable human trait and can arguably be considered to fuel many ventures in different fields. Over the years, some crimes have picked great interest from various concerned parties especially laying more focus on those that seem puzzled and surrounded by a mystery that needs to be solved.
The premise is a 2-story single-family home. By the time I arrived, an officer had just confirmed two dead bodies inside the room. The crime scene was properly documented to avail evidence useful in these charges. Aspect 4 takes place at the front of the house. There are available descriptions of the situation of the scene.
The author states that the defendant should have caused a grave danger to two or more persons, other than the murdered victim, at the time of commissioning the crime. The accused should have carried out the murder for remuneration, the promise of remuneration, hired another person to commit the killing.
This paper illustrates that it is noteworthy that a lawyer can barely represent both parties in a divorce case. In this case, the husband wants to hire a lawyer to represent both parties in an uncontested divorce. This is possible and the lawyer will prepare and file a divorce petition. He or she will also draft a waiver of citation and divorce decree.
According to the paper, the policy makers-the politicians, practitioners, researchers and the administrators of criminal justice should apply the evaluation approach to enhance accountability and effectiveness of the criminal justice system. The fear can critically be evaluated from different perspectives.
The emergence of social housing in the United Kingdom was a venture towards helping workers to upgrade from poor quality private rented homes to the remarkable housing at cheaper rates. Social housing began in the early 1970s, and it has exhibited remarkable growth to play a critical role in low-income families.
As it can be realized assisting the asylum seekers is a social responsibility of every country and the English law has actually created such rules that can make the entire process stricter and more difficult for the asylum seekers in the UK. No doubt that the number of asylum seekers in the UK is less than in other countries across the world.
The researcher of this essay will make an earnest attempt to examine the theory of Professor Jackson and then consider whether he is indeed correct with insolvency law in the UK in domestic cases and then in consideration of cross-border proceedings where the European Union regulations apply.
The research shows that, in some areas, the current situation in tort of negligence can be argued to be unreasonable. However, it is concluded that, although there is some evidence of attempts to curb the effects of such litigation, the key intention of tort of negligence is rapidly becoming the defining criteria for all tort cases.
The case involving Garner against Tennessee is 1985 is a case under the Fourteenth Amendment to the American constitution which allows law enforcement officers to use lethal force for purposes of preventing a suspect from escaping. This force is only allowed if the suspect is dangerous, and the officer can prove that their lives were in danger.
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According to the study in the US hospitals in 2010, an estimated 73, 505 persons were treated in emergency departments for wounds resulting from non-fatal gunshots. Compared to other high income countries, the rate of firearm homicide in the US is twenty times greater than that of other high income countries.
The author states that based on the law, a contract between an employer and both an employee and an independent contractor must satisfy essential elements of a contract for enforceability. There must be agreement between the employer and the employee or the independent contractor and an “intention to create a legal relationship”.
The paper tells that there are always tensions between one’s conscience and human law, but conscientious objection of laws can have significant interpretation to promote human rights, particularly during unjust circumstances. The conflicting nature of the individual’s conscience with that of social or personal beliefs and laws has possibly contributed too many atrocities in world history.
There are arguments which rightly proclaim that jurors are too ill-equipped to understand even the most ordinary of the court proceedings and most of them come from illiterate classes. They are too naïve to be said that they represent societal sections. Most of them cannot use computers and even computer feeding of case knowledge becomes impossible.
The paper compares place chosen by parties and place of perfection of contract. When relying on Article 3 of the EC Convention on the Law Applicable to Contractual obligations, one must be able to “demonstrate with reasonable certainty that the parties have chosen a particular law as the governing or applicable law; it must be the real choice which the parties had a clear intention to make.”
The study leads to the conclusion that synthetic securitization would be favorable to the bank-investor as the assets absorb the risk on the securities, which serves collateral to the bonds. The fact that the originator will not assume risk over the securities is not a primary setback as assets secure the bonds.
This research will begin with the statement that most bondholders employ a trustee to oversee the transactions involving their bondholding. A trusteeship agreement embodies in the Trust Deed the conditions and obligations involved thereon. Like any other contracts, the provisions of a trust deed govern the relationship between parties.
The British Nationality Act 1981 restricts the acquisition of the status of a British subject to persons on whom the British Nationality Act 1948 bestows this status. Persons who had been citizens of the UK and its Colonies under the 1948 Act, but failed to become citizens of the country where they lived, would continue to enjoy their status as British subjects.
Document Possession Policy may do well as it has been applied successfully by the counsel for BAT Mr Claton Uts. The court may not ask to produce a document which is not in the possession of the firm or company, hence if by the document possession policy, the relevant documents are kept with someone other than the company, the Court may not compel the defendant to produce these.
Under English law, there is an implied clause in a contract of sea carriage that the goods are seaworthy per se, and dangerous goods would not be shipped. English laws do not concern themselves with the classification or class of dangerous goods, but is more interested in whther there is a real threat that dangerous goods may bring about.
Crossley sued for breach of an implied term of the employment contract requiring it to take reasonable care for his economic well-being, by asking him to submit a resignation letter knowing that this would seriously prejudice his entitlement to benefits under the scheme, and by failing to warn him of the effect his resignation would have on his entitlement to benefits.
b) Sue is buying a house and goes to her local building society to arrange a mortgage. The mortgage company employs Notsogood, a firm of surveyors, to provide a report (at Sue’s expense) for them on the house she is hoping to buy. Notsogood is in a hurry and fails to report on some dry rot. Sue is shown the report by her building society.
Arthur was in a gang. He frequently carried a knife which he said he did to protect himself. He regularly used cannabis which made him paranoid and he frequently had psychotic episodes where he thought he was being attacked by aliens.
The criminal justice practitioners in this case may have many special skills that allow them operate under any form of pressure, which does not happen due to the high levels of corruption. Such murderers hardly know what they are doing and it is the responsibility of the society to try to eliminate their chances of killing people since psychopathic murderers lack the capacity to control their behavior.
Crime has seen many people lose their lives from gunshots and fights. According to Nicholas, a researcher who emphasizes more on the use of fast track to reduce crime, many young youths end up in crime due to lack of money and the only way they make quick money is through robbery, selling drugs and engaging in street fights, which relate to violence.
The use of mobile billboards on vans traversing target areas, such as major towns in Kent city would encourage creation of awareness to most of the immigrants. This would sound to them the alarm of imminent arrest for being in the country illegally, and this was targeting particularly those immigrants who were unwilling to take up the offer of voluntary departure from the UK.
The author states that the district court upheld the Tennessee statute, and confirmed as valid the actions of the officer to have used reasonable force to effect an arrest. However, the higher court reversed that decision and questioned the authenticity of lethal force, if it left the suspect without life.
Despite these policy measures being put in place, the crisis for high dropout rates particularly for the young African American males remains high. Thus, addressing this concern is the key to facilitating in addressing the issue associated with school to prison path that most young African American males follow.
"Disability is the loss or limitation of opportunities to take part in the normal life of the community on an equal level with others due to physical and social barriers”. Disability has become an important issue for politicians the world over. The Chronically Sick and Disabled Person’s Act 1970 of the United Kingdom ensured better services for disabled persons.
The European Community Act 1972 also incorporates all treaties, conventions, and law of the European Community. As a result, the claim for unfair dismissal by the three aggrieved employees against Vintage Plc will have to be examined against this legal background.
The three strikes laws mandate that habitual offenders should be meted with higher punishments compared to first-time offenders. In applying this rule to offenders, the three strikes laws significantly increase the prison term of people who have been previously convicted of other forms of offenses.
In the event the Member State fails to accept the opinion, the Commission commences judicial proceedings against the infringing Member State. Under Article 228 the Commission is at liberty to impose penal fines against the Member State subject to the Article 226 process.
The main objective of the paper is to outline the major flaws in the Libyan legal system that emanate from the cultural and religious influences. The paper will look at the individual issues that come from the poor and retrogressive traditions applied in Libya that act as major deterrents in the attainment of justice.
At the time, I was 19 years-old, and back in China, we drunk with my family when we had meetings, or when celebrating special events like the Chinese New Year. Since my arrival was close to the new year, it was also the first time I would drink and celebrate with my friends, and not my family – indeed.
The author explains that natural laws are also referred to as the laws of nature. They are universal since they were there before the existence of human beings, hence, determined by nature. Classically, natural laws refer to using construct reasoning in analyzing the nature of human either personal or social.
The law of contract stipulates three fundamental requirements for the formation of a legally enforceable contract; namely; offer, acceptance and consideration (it is important to note that contracting parties must have legal capacity to enter into a contract and it is presumed from the facts given that capacity is not an issue in this case).
It is a private recourse to resolve the disputes chosen by the parties themselves. It is an effective way to resolve issues without turning to the courts of law. What looks like a business meeting to outsiders, actually considers domestic law and International treaties. The parties in arbitration can choose the procedure.
The right of Religious Freedom is guaranteed under the Free Exercise Clause of the First Amendment to the U.S. Constitution. This right enables an individual to practice any religion of his choice, without interference from the Government. Most importantly, it separates the powers of the Church from the Courts.
Recidivism is the tendency of criminals and other offenders to re-engage in activities which had led to their punishment despite having spent time in prisons. Recidivism rate, on the other hand, is the percentage of inmates who are released from prison and then arrested and re-incarcerated within a certain period of time usually three years.
The research needs to be classified in three phases to enable to researcher to complete the study in an appropriate manner. Each phase will focus on attaining the objectives identified. A formal organization is one that complies with important rules and has all the necessary requirements of a standard organization in national context.
The lack of a formal written constitution has not dissuaded the hundreds if not thousands of capitalists from settling and conducting its business within the borders of the United Kingdom. The number of immigrants that constantly keep the culture, and gene pool of the United Kingdom healthy is likewise not daunted by the lack of a written constitution.
As tyhe paper highlights the constitution is unwritten in one single document, it is not entirely unwritten. It is also mostly embedded in the written form through various statutes, judgments and treaties apart from the conventional principles. Parliamentary sovereignty is the fundamental principle of the un-codified British Constitution.