Law Essays

Fixed price contract allows for the contractor to control the budget of the contract even though exerting maximum risk on his behalf. This is provided in clause 16.202-1 of the FAR which states that “This contract type places upon the contractor maximum risk and full responsibility for all costs and resulting profit or loss…provides maximum incentive for the contractor to control costs and perform effectively and impose minimum administrative burden on the contracting parties (General Services Administration, Department of Defense, National Aeronautics and Space Administration, 2005).” A contractor entering into fixed price contract is usually very experienced and prepared to take the

The Employment-At-Will Doctrine is a controversial one, since it allows an employer to dismiss employees at will, even without establishing a just cause for termination. Therefore, the employee whose contract has been terminated has no right to claim any compensation for contract termination.

This dialogue is important for both parties but it should be a compromise in that the security and cultural coherence of Western Europe is respected as well as Muslim communities are allowed to integrate on mutually acceptable terms which will allow their right development and evolution as cultural and social partners.

Mrs. Roadway’s concern about the VAT invoice arises from her previous issues with VAT where she was subjected to a VAT audit that led to a loss of a lot of money for Mrs. Roadway as she did not have any paperwork like a VAT invoice from the supplier to substantiate that she had paid VAT. There are legal representatives for the Jeffersons Company.

Such a trend may converge to negative utility and occurs in many aspects of possessions and applications. This develops a perspective that despite the magnitude of benefits that can be derived from a commodity, the commodity may be a threat under some level of possession and scope of use.

Case Analysis Megan Brace SUNY Empire State College I have read and am aware of the university requirements Case Analysis The State’s expert witness, Dr. Park Dietz, presented inaccurate or false statement in the case of Texas vs. Andrea Yates. It was the court’s decision to reject the appellant’s plea and convict with a guilty verdict.

This essay analyzes two types of dismissal that are fair or unfair depending on the circumstances under which the contract is terminated. A dismissal is considered fair if the right disciplinary and grievance procedures were followed and the matter was investigated fully before a decision was made.

The idea of this research emerged from the author’s interest and fascination in how law encourages or discourages particular activities; how law provides remedies when rights are interfered with or duties are not discharged; why it is important to know the law in the circumstances described in the media report.

These attacks are malicious because they include stealing a company's identity and intellectual property (Finklea & Theorhary, 2013). These include bank account numbers, passwords, and other confidential information that have a significant bearing on the company's revenue. The perpetrators of such crimes have been known to create viruses.

The author states that ethics, corporate social responsibility, and morality have got significant importance in business in recent years. Businesses are expected to be ethical, moral and socially responsible and thus they are expected not to counterfeit, copy and steal intellectual properties of other businesses.

Interest groups are prominent groups of professional and political elites that could influence public policies either formally or informally. Interest groups such as a group of farmers could form a farm product organization and they play a role in the policies made by the government on farm commodities

As the paper outlines, stem cells are totipotent in nature by which they have the ability to differentiate into any kind of human body cell such as blood cells to skin cells. Scientists are making strides to capitalize on this inherent nature of stem cells to repair damaged tissues (AAAS Policy Research, 2010).

Future research may still be denied public and legislative support depending on the political climate.  Nevertheless, it is important to note how President Obama has entered his support for stem cell research funding in his Executive Order 13505, a law that is meant to eliminate barriers to responsible scientific research on human stem cells.

Petitioners assert the federal government does not possess any power under the Constitution’s Article 1, Section 8-- the Commerce Clause on the Taxing and Spending Clause. Moreover, the petitioners claim that the new Act infringes the Tenth Amendment, emphasizing that a directive that coerces people to either get a health insurance or be penalized is undemocratic and unlawful (Bandow 2011).

The UK and other countries globally have witnessed rising instances of divorces and annulment of civil partnerships, making them more socially acceptable, than they were, even some decades back. However, such marriage or partnership dissolutions often lead to pronounced consequences that are both financial and emotional in nature.

The court in which this case was tried was The Supreme Court of Missouri. 2. The appellant John E. Bell bought a ceiling fan from the May Department Stores and paid for the fan a price of $ 132.16 through his Famous Barr credit card account. However, later on Bell found that the ceiling fan purchased by him was defective and made an unacceptable noise at all speeds, a defect that Bell was not able to correct or repair.

During the Cold War era, the world was seemingly divided into the communist bloc and the democratic bloc of states, headed by the USSR and the US respectively. With the inherent conflict between the permanent members of the UN, specifically, USSR and the US, the Security Council found it difficult to carry out its peacekeeping functions.

In “ Kolpinghuis Nijmegen “case, the Court appeared to suggest a thinning of the cannon of construal by reference to its effect on an individual, even if that effect does not result in the aggravation or imposition of criminal liability. The ruling in Arcaro implies that where an inference of national law.

The succession planning of any organization for its Chief Executive Officer should include a selection process that would take into consideration the following issues: attrition of good talents that were not selected or good midlevel to senior executives and the politicization of the selection process that would do more harm than good to the organization.

It is for this reason that issues related to compensation and employer’s duty of care come into being in work places. This paper will establish and clarify employer’s duty of care and compensation issues concerning injuries acquired in workplaces.

The law on medical malpractices and insurance has been under scrutiny and focus for many years across the United States and over the world. In recent years, Washington is realizing the need to support legislation meant to put a cap on the amount of litigation while restricting the number of awards on damages resulting from medical malpractice suits.

This study looks into a judicial review as a process by which a superior court such as the Supreme Court reviews decision by lower courts or ‘quasi-judicial’ processes. One of the roles of the courts in judicial reviews is the control of ultra ‘vires’ powers in delegated legislation. This research will begin with the overview of the scope of the delegated legislation.

Allowing employers to offer financial advances to their employees on the condition of dropping their rightful engagement in the collective bargain in the UK is a violation of trade unions and their members’ rights. The decision made by the ECHR is a clear justification for the end of actions taken by the employers to frustrate trade union operations.

The general rule of duty of care to the whole society as well the specific obligation of spouses to exercise a duty of care while dealing with each other is essential. The doctrine of intentional infliction of emotional distress is applicable in cases where one party negligently engages in an act that results in the emotional distress of the other.

Under the property law1, there are three types of trusts that can be established, namely Charitable trusts, and its principles are governed by the Charity act of 2006 and the statute of users precedent of 1601 Purpose trust and it doesn’t require any beneficiaries and generally, these trusts are void but exemptions exist.

In such a scenario, the director can be said to be careless in the oversight of a corporation's operations in relation to finances and asset management. In most of these cases, the board is aware of the negligent mismanagement, but for some reason, mostly personal, they ignore it.

It resulted in several wrongful convictions as well as discriminatory treatment. He sighted that because of the significant irregularities, the state would abolish the death sentence from the judicial system. The aspect of the death penalty has proved to be a controversial subject in the United States, which stems from the lack of essential evidence to convict criminals.

The world we live in is a place that teaches us how to interact with our surroundings. It not only has a way of controlling our thoughts but also our behavior. It is not incorrect to say that this is a world of social interaction where people interact with each other in their day-to-day life to fulfill their basic needs.

The act creates offenses that are meant to protect property and provides a framework for dealing with offences such as arson and which may endanger lives. Punishments under this act can include imprisonment for life, penalties and victim compensation. There exist three main categories of offences under this act namely: simple criminal damage, aggravated criminal damage and criminal charge by arson.

Achievements of Land and Conveyancing Law Reform Act 2009 Introduction In 2004, the land reform commission in its consultation paper on the reform and modernization of Land law observed that the law of mortgages is extremely outdated and complex and needed considerable reforms.

Scholars provide varied definitions for domestic terrorism. However, they all agree that domestic acts of terrorism constitute violent, illegal actions directed towards intimidating the local people. These acts result in the inhumane loss of human life and the destruction of property. Despite these being the immediate noted effects of domestic terrorism, the long-term undesirable effects are what most terrorists seek to cause.

Agencies Infiltrating Drug Cartels Across Mexico” written by Thompson and published in New York Times. This article significantly includes the report about the building of networks of American law enforcement with Mexican informants leading to US infiltration into powerful and dangerous criminal organizations in Mexico (Thompson, 2011).

This would seem to be a better way of creating laws, except that it also seems rather vague.  The real question of this essay is whether an individual is within his or her rights to break a man-made law. The analysis would be derived by examining natural law, which is law based upon morality, and positivist law, which is law divorced from reality.

Diagnosis ought to specify whether there is a need for an intervention and what type of intercession is required. Ordinarily, an intercession is designed; first, to achieve and sustain a reasonable amount of substantive disagreement in non routine chores at diverse levels.

Democracy has different meanings to different people. In America, democracy comes from status Vivendi where the people are superior to the government while in Russia democracy stems from the understanding that people identify with both the government and its sovereignty. In America, democracy helps the citizens constantly analyze the reaction of the government toward its people.

I will admit the first thing that inspired my attention in the field of Crime Scene Investigation was the, hugely, successful and popular television show CSI, and other series of similar content. They managed to take the finite traces of a crime committed and, in turn, use something as small as a single carpet fiber.

The Sixth Amendment also provides that the accused has the right to a public trial in order to compel the witnesses to tell the truth and ensure the public desire for justice (Samaha, 2012). The confrontation clause of the 6th provides that all the accused persons have the right to confront the witnesses against them (Hall, 2012).

Criminal justice is an institution and/ or practice of upholding social control, mitigating and preventing crimes, efforts of rehabilitation and sanctioning the people caught violating the laws with the penalties of criminal justice. The system of criminal justice consists of three main parts including adjudications, legislation, and corrections.

The nation of Iraq is currently regulated overall by its federal Constitution of 2005, instituted two years after Saddam Hussein was removed from his dictatorship. When this government was dissembled, new laws and regulatory processes had to be installed and the Constitution (2005) was the first put in place. All other laws and regulations would stem from this piece of legislative work as time went on.

Currently, their role is minimal, since crime is perceived not to be violated against individuals but the state; therefore, crime victims feel voiceless and left out a system which focuses on the accused and not the plaintiff. As a result, victim advocacy groups have come up.

It is an official written agreement by which individual states tend to legally bind each other. It is also known as a convention, protocol, or exchange of letters among the partnership states. The International Law of Treaties is a set of guidelines, rules, and regulations that comprises procedures, operations, termination guidelines, and invalidity concerns.

Was he alive today, Dicey would have taken great pride in seeing the manner in which his first two principles of the rule of law have influenced political developments, universally, over the last century? It certainly would also be interesting to hear how Dicey would defend his third principle on the rule of law.

However, certain circumstances have been noted where individuals lack the required and necessary contractual capacity to be members of the company and be bound by the provisions stipulated in the articles of association. On the same note, there are some associations and companies lacking separate legal personality and may only be members of the company or associations in the names of their individual members or partners.

In Palsgraf vs. Long Island Railroad, Palsgraf was being assisted to board the train by two guards, where one was on the platform and the other on the train. Palsgraf dropped a package he was holding and it exploded after hitting the tracks. The shock that emanated from the explosion resulted into a hard hit impact on the platform causing injuries to Palsgraf.

The Exclusionary Rule is a remedy available to a defendant in a criminal case to protect them against the police officers violating his constitutional rights during their searches. This rule dictates that if a person obtains evidence illegally, the court will exclude it as valid evidence under the Fourth Amendment.

Through international conventions and national policies, local authorities must enforce laws and enabling policies to ascertain that a child can enjoy his nationality, his identity, experience love from parents, enjoy support from the government, find leisure in life, and be protected by agencies and court to preserve his right to life.

A company is founded through an association of persons who share common visions and purpose and thus come together for a common purpose. Companies may be formed with the purpose of exploiting a person’s skills, exploiting talents and resources, or with a motive to pursue specific goals as the persons forming it may be interested.

This paper addresses the creation of a project for eliminating the homeless camps that have been created in a portion of the shopping mall’s subterranean parking lots. With a gathering of homeless and destitute people who have nowhere to go, addressing this issue is the first step in establishing a safer environment for the shopping public at the Anytown Shopping Mall.

On the issue of sale by description, it would be noted that the dog was purchased as a result of an advertisement, which clearly spelled out some descriptions that makes Kingsley opt for it. This description also makes the case a typical case of sale by description, which is covered under S.13 of the Sale of Goods Act, 1979.

The researcher has understood the fact that the absence of a legal framework to arbitrate online business contract issues was the major problem for judges while reviewing the Specht v. Netscape Communications Corp case. Confusion in the case was raised due to the absence of customized legal architecture regarding the online contract.