Law Essays

The basic cloak of innocence is rendered to the defendant until he is proved guilty, by the Court, and this norm has been the bulwark of the tenets of UK criminal proceedings. The onus of proving that defendant is guilty has to be evidentially substantiated by the prosecution and alleged non-innocence is only established upon the passing of the verdict and the establishment of guilt beyond ‘reasonable doubt’.

In the backdrop of increased sentences in the last ten years and decrease of the fines and community punishments the deterrence attained by implementing the law is to be discussed.

This is where the development of money laundering law takes the stage. Considerably, because of the emergence of financial crimes, it could not be denied that the more involved people are with their needs of earning money for their basic and their luxuries, the more they become vulnerable in making particular mistakes and crimes against financial gains.

The current legislation for health protection against foodborne hazards is aimed at curbing contraventions of the law and reducing the risk they pose to public health. There are also the requirements of the Police and Criminal Evidence Act 1984 with regard to the interviewing of persons suspected of having committed an offense.

Derby City Council has indicated informally that they are not minded granting planning permission for an animal testing center at David’s house however it is unclear if the Council will grant planning permission for an alternative to animals for the testing of medicines to be established at David’s house in Derby. 

McGuire argued that normalisation would involve as the first of its guidelines 'that prisoners should generally be held in the establishment closest to their community ties so as to maximize their opportunity to maintain family and other links' by minimizing 'the travelling time and expense of program which the May Committee advocated.

The European constitution is threatening to overtake the British constitution, considered to be the mother of all the constitutions and there are apprehensions in the air. In his recent speech as party leader at Labour Conference, Prime Minister Gordon Brown Declared: "Britain has been tested and not found wanting. 

Innovation and creativity are essential pillars of social evolution. People began viewing adapted and applied knowledge as intangible assets from the early years of the industrial revolution. Products of aesthetic thought and expression have been more difficult to protect and defend than the outputs of scientific research and development.

When considering the above statement it is necessary to examine legislation with regard to the admissibility of evidence. The starting point is to look at section 78 of the Police and Criminal Evidence Act 1984 which allows the court discretion to exclude any evidence they deem to have been unfairly obtained.

People serving in jury system not only inspect the crime but also saves the citizen from these speculative criminals. They inspect and investigate crime not as jury server or inspectors but disguising in as a casual citizen. So jury servers may also know as protectors of citizens.

The research has pinpointed the fact that the role of a police officer is huge –multi-faceted as their main purpose is to help the citizens of the community, and at times this requires different roles for them to fill. It details that their role of maintaining order and keeping social control is emphasized the most and is shown to be consistent with what the majority of the public expects from the police force.

From the above facts discussed in the case, it can be noted that this is a very challenging case. As much as he may have an e-resource of law and be awarded damages, much of the proof relies on him. On the other side, the defendants also have a lot argue in the case and the plaintiffs must therefore find out on how to overcome such defenses. 

It seems sometimes the companies do not realize the lines they are crossing, or simply don't care.However, in the eyes of the public this bides horribly, as the ever watching eye of the public often keeps its stare gazed into what business are doing.

When we look closer at the rules that define the World Trade Organization dispute settlement system, we may have the feeling that they are unclear. When we approached the Burden of Proof issue, we clearly understand that the complainant has to present, first, the evidence in order to prove his case.

For several years now, there had been many court cases in which the jury trial was questioned, in the United Kingdom, United States, and elsewhere. Shadows of doubt, shady and apparent, were presented against these deliberations, decisions,  and votes, but it is still used and trusted by the public in determining the guilt of persons charged with a criminal offense.

The matter of Papera Traders Co Ltd & Ors V (1) Hyundai Merchant Marine Co Ltd (2) Keihin Co Ltd Sub Nom Eurasian Dream (2002) supports the argument regarding Cargolines’ liability. In this case, the cargo owners sued the carrier following the occurrence of a fire that destroyed the cargo and rendered the vessel a total loss. 

According to the author, the Terry V Ohio case took place when a police officer stopped and checked three men because of their suspicious behavior. Occurring on October 31st 1963 when an experienced and old member of the Cleveland Police Department, Martin Macfadden, went patrolling downtown and saw two individuals acting suspiciously. 

The police asked her where her boyfriend was and she told them, "He's home, come with me." Patty takes the officers to a building three blocks away and brings them to an apartment. The police officers knock on the door and another woman answer the door.

The preaction phase is the time taken from arising of the complaint to it reaching the formal civil proceeding state. The time period for these varies widely. The CPR 1998 pre-litigation protocols should be fulfilled by the parties and their lawyers. The drafting should state all facts clearly.

The matrimonial house shall be awarded to the party which the majority of the minor children will be staying with. In Clutton v Clutton (1991 1 FLR 242), the controversy between inherited property and the welfare of the minor children was laid to rest with the court declaring that the interests of the children require that they remain in the matrimonial home.

The loophole in the law concerns situations where a home is purchased and no agreement is made as to the respective shares in the event of termination of the relationship. The courts have wide discretion3 to redistribute the assets of married couples without having to take into account beneficial ownership.

Remaining silent is a right5 that can be exercised by any arrested person during police interview and trial, so that police cannot fabricate evidence, because an accused is not a compellable witness, according to Keane (1996, p. 364). Interview is usually for the benefit of police, to assist their task of seeking more evidence6.

In the same way, it is problematical to define an elephant in terms of description, function or type to someone who has not seen this majestic, gargantuan creature without causing confusing or erroneous visual imagery.

Society cannot disregard the importance of binding agreements and the problems that parties usually encounter when the bargain for exchange is not honored by non-performance or an interference with the other party's performance. The law has provided remedies for the aggrieved party who has suffered damages resulting to utter disregard of a contract.

Malik has a right of lien i.e. right to retain the first lots of cushions. By the cheque being dishonored, Malik has got rights like that of any unpaid seller. Under the sale of goods act, an unpaid seller has a right to retain the goods on trauma, which have not been delivered to the buyer if the buyer becomes insolvent.

As Lord Wilberforce pointed out in the Ashington Piggeries case, the question of whether the substance added to it, some extraneous material or is contaminated by the presence of some chemical, remains in the substance what it always was or it really becomes a different substance altogether very difficult to decide.

My leasehold estate in Blackacre to my nephew, John who is authorized and empowered to dispose of the rent to such of my children as John shall think most deserving and that will make the best use of it or to his children as he shall think most deserving. John died without distributing any property.

Preserving and improving the marine environment requires the achievement of a good ecological status of waters, without which the aquatic ecosystem and the human activities of marine coastal zones could be strongly at risk. This is the proposal of the EU Water Framework Directive (2000/60/EC) which represents a major advance in European policy with the concepts of classes of water quality and water management.

A relevant market as defined by the European Commission provides a framework for analyzing whether the undertaking concerned holds a dominant position and, therefore, whether its conduct may be abusive within the meaning of Article 82. In the given scenario, the relevant market consists of three players – Gordan Ltd which makes and sells bagpipes.

Crime is prevalent in many parts of the world and there are various ideas as to why this is the case.  Now some states in the US have lower percentages of certain types of criminal acts while others have a succession of the same type of crimes and they are escalating.  Crimes of rape, obsession, murder, and stalking cases are all serious criminal acts.  

The Act would introduce a culture of Human Rights in the public service, as the rights were ‘mainstreamed’ and became an intrinsic part of decision-making and planning in all parts of the public sector. The Act provided only limited remedies for violations of Convention rights. The rights can be enforced principally against public authorities only.

Crime has been one of the most rapidly used words in the current world of information. The word itself is capable enough to give a whole lot of meaning but giving it a technical definition is one of the toughest jobs. A proper wholesome definition of the same is very much urgent so that this phenomenon can be made understood at every stage of human life.

Such projects include a push for treaties that prohibit antipersonnel landmines, outlaw reliance on nuclear weaponry and establish an international criminal court. Each of these initiatives has its own distinct character, but all of them disclose a new form of global politics in which states are more motivated by values and human solidarity.

 The so-called "human beneficiary" principle is long-standing and, although there are several notable (albeit limited) exceptions, the general principle relics that a trust must have beneficiaries who are competent in owning the trust property and enforcing the obligations and duties of the trustee.

The author states that organized crime capitalizes on the regular provision of particular services and goods that command a high demand in the society and hence capable of generating significant profits. Organized crime may also aim at attaining control power in the society e.g. Militias in Somalia which are fighting the interim government in Somalia.

We appreciate images to be any form of graphical in order, context as the major story and the standard ideas it represents, lexis as the actual language used, grammar as the agreement of the lexis and linguistics as verbal communication devices such as influential or informative approaches.

However, it is found that even those who are not direct members of this program still can be found to have legal protection for using the substance known as cannabis or more familiarly termed, ‘marijuana’. Also, what is understood in both of these cases is the fact that law enforcement can be aware of problems arising but don’t directly enforce any laws in a concrete manner, at all times.

The doctrine of consideration stresses the giving of something valuable in return for a promise and supports that under an enforceable promise to be economically gratuitous; a nominal consideration is an essential formality. Although some courts have been faced with this dilemma, nominal amounts have been considered and legally acceptable.

The author states that the words of the Constitution rest firmly on a foundation of principles and values. These principles were an extension of right and wrong and the inalienable rights that had been the underpinning of European documents and philosophies that had preceded it.

The researcher utilized information from the reputable sites of the Internet, making use of the written articles of scholars and reports of organizations dealing with the subject. The analysis method used was the historical trend analysis.

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.

In the case of a business that provides a service and not a product, such a mark is termed a service mark. These marks enable consumers to evaluate the quality of the products or the services by these marks. Besides this, the trademarks make the manufacturer responsible for the product. In the absence of these marks, substandard quality.

Indeed, as early as mid-1990’s criminal justice constituents such as law firms, independent lawyers, national agencies and law enforcement personnel have had an eye on emerging potentials of Internet and computer not only as tools for cost-effectiveness and performance enhancement but also as tools for wider community awareness and decision making.   

This judgment will serve to increase cruelty towards animals. The indiscriminate killing of these stags will harm the ecosystem and the courts if they interfere with this laudable task in the name of judicial review, which will be doing a disservice to humanity at large. All said and done no trophy can match the beauty of a stag in its habitat.

There are basically three constituents in the nation’s legal structure comprising England and Wales, Scotland, and Northern Ireland. Although England and Wales are two separate constituents, their legal structure is the same. England and Wales also have the same legal jurisdictions. Scotland’s legal scripts are based on the ancient Roman laws.

An Ombudsman does not have the trappings of a Tribunal or a Judiciary body, the investigations conducted are very detailed and hence the findings submitted are binding. Given the above discussion, the Court held that the State was guilty of maladministration and had done a great wrong by rejecting the first finding of the Ombudsman.

A person will be liable for murder if he unlawfully kills a reasonable person who is in being under the Queen's Peace with the intention to kill [Moloney1, Cunningham 2, Vickers 3] or intention to cause grievous bodily harm. Murder is unlawful homicide committed with 'malice aforethought' with the penalty of mandatory life imprisonment.

Is it possible to severe rules from any legal system? The theories of legal philosophy are looked into in order to determine how they view rules and what roles they conceive that rules play in the legal system. Some induction is applied in this regard because the theories are not always explicit with regard to rules.

The government in its attempt to provide security to a buyer in such a retail environment has proposed a few laws which ascertain certain rights to every individual, commonly referred to as Consumer Laws. The Supply of Goods and Services Act 1982 offers a few remedies in cases of breach of such contracts which is applicable in the course of business.

No other country can match the health and productivity of its economy, the extent of its scientific and technological resources, its ability to sustain massive levels of defense spending, or the power, sophistication, and global reach of its armed forces.