Law Essays

The principal issues for causation are that the actual cause should be known which means that it should give a necessary condition that can prove causation beyond a reasonable doubt. The ‘but for’ test shows that the chain of events that took place should be examined and ‘but for the act, the result would have occurred anyway sooner or later.

Most countries’ family law reforms are based on the assumption that the divorcing couples have identical interests hence a possibility of a single negotiated outcome. Regrettably, this is not the situation since differences such as gender-, age- and resource-based issues and imbalances must surface in such disputes.

Employment discrimination is the term used for discriminatory practices in employment that may include but are not limited to recruitment, promotion, termination, assignment of job, compensation, and different ways of harassment. Employers do not have the right to discriminate against an individual based on his sexual orientation or preference.

In brief, the driver of the police car, PC Swift, was driving recklessly. Ahmed, the driver of the ambulance, was not. Because of the collision, Sheila suffered brain damage that would not have occurred if the ambulance had arrived at the expected time. While it appears that the collision would break the chain of causation.

It has both the qualitative and quantitative aspects of research. The data collected are marked with series of codes to make major distinction in the data. In this case, the main codes are positive and negative. From the screened results, the defendants, who are the sample, are screened to establish if they use drugs or not.

United States v. Salerno Therefore, there was no violation of the 5th amendment nor the Excessive Bail Clause of the 8th Amendment. This case was based upon the arrest and subsequent indictment of La Cosa Nostra boss Anthony Salerno on violations of the Racketeer Influenced and Corrupt Organizations Act (RICO Act).

When we talk about the rule of law and natural justice it means that everyone has the opportunity to benefit from certain provisions of law and to knock down at the door of competent jurisdiction for justice and fair play. It is the duty of the lawmakers to make sure that everyone should seek justice in time and in accordance with the laws in vogue since justice delayed amounts to justice denied.

Charity is the act of giving money voluntarily to help people who require or in need of financial support. However, the idea of charities has changed over time with contributions changing from monetary aid into other material, and personal assistance. There are different developments in the U.K law in regard to charity trusts.

This case presents ground for heated debate on the concepts of mistake of fact and mistakes of law. Key words:Mistake of fact, Mistake of Law, Mens Rea, Actus Reus. Concepts of Criminal Law The Defense Johnny Juneau is being charged with three crimes, the possession of Nutria, theft, and the murder of the neighbor to the store.

Key Differences between Civil law and Criminal law. In administration of justice, people depend on different issues that surround the cases of involved according to the evidence given. Judgment is given according to the different sources of evidence that are availed in cases that presented to the judges or magistrates in a court of law.

Terrorism is not permissible under any situations as most of the time these fighters are extremely conservative and violate too many human rights to justify their cause. The Al shabaab removed all signs on shops that were in English or Somali demanding the people to put signs in Arabic, failure to do so would result in a hefty fine, corporal punishment, amputation or even death.

Despite these measures, the system is still not fool proof because taxpayers always look to find ways to avoid tax by identifying themselves as a different class of taxpayers. It would continue to be like this unless the taxpayers are taxed equally based on their income level and not by their sources of income.

2- What is the role of Saudi courts in international commercial arbitration at the commencement of, during the arbitral process, and in the process of the implementation of the arbitral award: Is it critical in the success of the arbitral process or does it serve as an interference, adversely affecting the efficiency of the arbitral tribunal; and, how such role is different from those that are carried out by the English courts?

The debate about the controversial issue of physician-assisted suicide has triggered law-making organs to swing into action in a bid to establish a legal framework and interpretation. Proponents of assisted suicide argue that it is pointless to subject an individual to suffering and pain particularly if he is willing to die.

As Freud explains in his stage theory, every stage of development is consequential in the determination of a personality, childhood presents various challenges and obligations to both the child and the society. In order to overcome such, society must provide a child with a conducive environment in order to facilitate growth and development.

Normally, for an individual to be liable under the law, it means that they are responsible for the outcome of their actions that in turn violates the law, which is otherwise referred to as criminal liability or an injury to others, which is otherwise referred to as civil liability.

In the UK, there are about twenty-five environmental statutes specifically providing for initiating action against officers with regard to about 175 separate punishable offences under UK’s environmental law, which may be perpetrated by the companies. In the UK, environmental offences will fall under the category of strict liability offences. 

The university's contention is that this condition, which resolves itself into the two requirements that the plaintiff should be adequately informed of the case he had to meet and given an adequate opportunity of meeting it, was complied within its first branch by the letter of May 16, 1952, and what plaintiff was told at the first interview.

The paper tells that despite the few weaknesses of the book “Homeland Security and Critical Infrastructure Protection”, the researcher strongly recommends its continued use as an important reference book in the course. This is particularly because the book has effectively covered the background of the US homeland security issues.

MF Global failure can only be blamed on decision-making errors by Corzine. He was a victim of decision traps. First, he exhibited a lack of frame control, that is, failure to consciously define the problems in more than one way. This was, he concentrated only on the ability of the Eurozone countries to pay.

The linkage between corporate ownership and governance has been studied for many decades from various angles. While this area of scholarship had largely emphasized the widely-held type of ownership and agency problems that arose out of it, corporate ownership and governance issues continue to differ worldwide.

The author explains specific situations under which each of the identified remedies shall be applicable. In order to thrash out issues pertaining to the critical aspects of legal mortgage, the Ropaigealach versus Barclays Case will be applicable. Attorneys have continued to consider this landmark case, which has shaped the legal mortgage environment.

The victim was a 15 years old girl, Heather, who was asleep alone in her bedroom before the crime was committed. The alleged attack and assault occurred on September 29, 1987 in the wee hours of the morning at 5:00 AM, when the visibility was poor1. The victim’s screams attracted her mother, Barbara, who witnessed a man wielding a knife sitting on top of her daughter.

The criminal justice system in any country is one of the most difficult systems and processes to implement. It is difficult to implement because of the nature of the crimes themselves and because of the human elements involved in the criminal justice system.

Gone are the days when socialization was a major responsibility for the society alone. Society has to some extent been unable to accomplish the role and its now upon the family to work with the society in ensuring that their children are upright. As for the juvenile system, they have to be funded enough in order to ensure that they have the best resources in dealing with the issue.

1. Background Whenever a person is employed in the service of another person, it can be seen as a contract under common law even if no documents are signed. Merely agreeing to work for someone creates a working relationship that is determined by appropriate laws for the employer and the employee.

With the passage of time, the changes which have now been brought in the administration of a state are vast in number. Amongst these changes, the various effects caused are on the criminal justice system. From the administrative point of view, we can elucidate that a state is composed of three major parts.

The decision by the court to vindicate Ms. Daigle was sound and just. Though no damages were awarded to any party, the court was able to deliver what can be said to be a clear legal verdict to the issue. In this case, there were no issues referred to any lower courts as the Supreme Court was able to deal with the case conclusively.

Clarissa’s acceptance of Flare’s offer would be depended firstly on whether there was an express to “garden leave” clause and whether she can lawfully take on that offer without breaching her contract with Precision Missiles. I will try to establish the circumstances under which the garden leave clause is valid and applicable.  

In the UK, the Greenbury Committee of 1995 stressed the constitution of the remuneration committee of the board of directors which had to be made up of independent non-executive directors, which acted as the main core of its recommendations of fortifying the accountability and increasing the performance of directors. 

The broadness of the term further leads to various contradicting perceptions of people towards appropriately dealing with issues concerning delinquency. Minors, at least based on the psychological composition of these individuals, are usually called the perplexed people and normally endeavor to resolve these perplexities through experimentations.

Offenses and the intention of doing offense changes constantly and this have made the judiciary to respond by introducing torts to cover the different form of offenses. The main area of concern has been crimes resulting from negligence and the resultant action has created torts that cover the action.    

The conclusion from this study states that local authorities have an important role to play in child protection. This is so primarily because of the complex nature of the child protection system in the UK. There are a large number of governmental, non-governmental and voluntary agencies that engage in various kinds of tasks at the same time.

His biography reveals that his childhood life is traumatic as it is an unhappy childhood full of physical violence. He witnessed the cruelty, abuse and beatings by his father to all the family members, including his mother, his sister and himself. Although Marc Lepine was interested in joining the military, he was rejected for being antisocial.

As per the request for the email to reach by the next COB day, she had done so and her email reached peter’s system by 4:45 pm, and by the route chosen.  Another important legal issue, in this case, is the intention to get legally bound and considered.  The intention is the objective of both parties to get legally bound and is often determined by the court's objective. 

For claiming damages sustained due to defective products, S.13 is applicable to all products with no concern over purchasing scenario. “S.13 is an important section as it provides a privilege to a buyer either to ask for a refund or to decline a product.” A consumer has the right to return the defective product or ask for a replacement or refund. 

The paper discovers what is the correlation of corrupt political machines and social disorganization to the development of organized crime. In social organization, everybody has the ability to come up with shared values or beliefs. Thus, in the case of social disorganization, there is a tendency that an individual’s action associates with law-violating.

I found the murdered shot at forehead with shotgun by criminal. The murdered person was lying in a pool of blood on his bed. The blood, oozed out from his forehead soon after the murder, now dried up. The apparent motives of murder cannot be immediately ascertained in the absence of postmortem report and other associated evidences.

Violence against women is one of the most shocking forms of gender inequality in the world. Organizations worldwide are working to establish new idea and policies to impede this unbecoming. With all this, many discussions today, attempt to solve the puzzle of whether to consider the issue of violence against women a human right or a civil right.  

The paper deals with a discussion of the findings and the fifth chapter deal with conclusions. Ambiguity in the interpretation of the treaty provisions, lack of expertise in ministries in the case of developing countries, and bias on the part of the arbitrator are some of the reasons identified for the lack of success of investment arbitration.

The determination of the business form is crucial in cases involving the liability of parties and parties to a contract. The major fact, in this case, revolves around the separate identity of SE Pty Ltd from Walter as an individual. Walter, therefore, has unlimited liability on the debts of SE Pty Ltd and his property is not the property of the company.

Social networking has developed on the internet and it has become big business for those who run these companies since they not only charge people to pay to advertise on their websites, but many have also developed the tendency of selling the personal information of their users to other commercial companies.

The positive identification of another witness, the ten-year-old Sumaiyah, can also be challenged in the same way as that of Andrew’s. If Adam was still wearing his gear when he was out of the house, then the positive identification must be faulty. Given that it was dark, and that the witness was peering from a window, making sight difficult.

Normally, the accepted workday for every full-time worker should be 8 hours, regardless of the time of work. Additionally, the average workweek for the same employees should be 40 hours. Nonetheless, the Fair Labor Standards Act does not cover overtime compensation for employees who work on regular days of work, holidays or weekends.

This proposal provides a formidable solution to ATM theft through the adoption of biometric technology which is hard to copy or impersonate. Fraud attempts targeting Automated Teller Machines (ATMs) cards are on the rise. Skimming is one of the techniques used by criminals in this case where they scan or copy personal information.

Community and Traditional Policing Conventionally, the response of police to crime is expected after the occurrence of the scene due to the structure for supporting the routine patrol, speedy response to calls, arresting criminals and following up the investigations.

International law is the primary governing authority in the management of international affairs. It includes laws and provisions which indicate standards by which states can interact with each other. These provisions also provide processes that are mandated for states to follow in relation to territorial, political, social, and economic relations

The law provides different recourse in case a consumer finds a defect in the goods purchased or if the goods bought happen not t be of the quality needed. Under such a scenario, the law provides the retailer with the first option of either repairing or replacing the defective good within a stipulated time duration that is short enough.

The juvenile justice system, which is different from the adult criminal justice system, especially in the way juvenile crimes are handled, and the legal and political actions taken, was established in order to handle crimes committed by young offenders. In the United States, the system and procedures vary according to states and even counties.

Case examples of splits or conflicting laws that have been established on the aspect of flagging will also be discussed in the paper to depict the manner in which the statutes relating to the issue are not implemented effectively. Areas that require improvement will be highlighted with fair suggestions on how these improvements can be achieved.