Law Essays

Case Study 1. A contract is basically a mutual agreement amidst two parties entering voluntarily in which, one party promises to do something in return for a valuable benefit usually known as the consideration from the other. With reference to the case, Super-Cola Taiwan (SCT) entered into a contract with Dag-Brucken ASRS Pty Ltd (DB) to manufacture an Automated Storage and Retrieval System (ASRC) for the production facilities of SCT located in Taiwan on a contractual basis payable at defined stages after the completion of predefined milestones.

An arson scene is not confirmed as an actual crime scene until days, hours or even weeks after the fire has been suppressed. The criminal fire scene would thus comprise various by-products of the combustion process that compromise the scene of criminal fire (Ross, 2009).

There are others that use different questionnaires and background information that is combined to gather scores that are used for assessment. At least one combines the two – a questionnaire combined with objective measures that includes physiological changes that occur in response to stimuli.

Right to Representation at Domestic Tribunal- Common Law and Article 6 of the ECHR Table of Contents I. Introduction 3 II. Discussion 4 III. Conclusion 7 Bibliography 8 I. Introduction This paper is an evaluation and a discussion of the extent of the legal right to representation before a disciplinary or administrative body or a tribunal, as reflected in common law and Article 6 of the European Convention on Human Rights or the ECHR.

Very often managements need to take decisions on the basis of future forecasts rather than making reference to past experiences or current developments. However, with regard to share issuance or borrowing, management will have to comply with certain aspects of the company law.

While some officers gain the trust of the public, many others are treated with disrespect and are suffering from blasphemous names such as bacon, barney, betsi, boeuf, bofices, chickens, and other unimaginable names that refer to a corrupt individual or a capricious animal.

This drug cartel is one of the largest and most vicious of the cartels currently in existence. The goal of this paper is to outline a strategy to dismantle and apprehend the chief suspects still at large within the organization itself. In researching this cartel it becomes readily apparent that those who place themselves in opposition to it generally end up dead.

It is evidently clear from the discussion that the nature of liability in negligence resides in a failure to exercise a duty of care, resulting in injury to another person. The person who failed to exercise the duty of care is also the person to whom the liability attaches. Vicarious liability, however, is different.

It is quite essential to state that due to its social nature, people should not conflate legitimacy with other social values. Scholars, journalists, and politicians tend to use the language of legitimacy interchangeably with other languages like those of justice, morality, rationality, and legality.

These white-collar crimes are criminal offences that involve actions of fraud, which is defined as intentionally deceiving a person.There are many types of fraud today especially because of the new technology brought by internet.

The school has influenced the criminal and justice system by enabling it to use the background information of the offenders. In this theory, human beings are regarded as social creatures that are influenced by the social environment. The social environment offers morals and definitions that control the character of an individual. 

Ethics and values are very important for officers. Without these policies, most officers would have no underlying principles under which they work and as a result, most of them would end up working contrary to their expectations. It is the responsibility of the officers to know the policies and ensure that they responsibly follow all these policies.

It is marketed in the form of capsule or tablet and is meant to be swallowed. People especially in late teens or early twenties gathering in clubs consume Ecstasy in order to have extraordinary energy levels for their dancing. As a result of some high profile deaths due to use of this drug during the late 1990s, demand for this drug in Britain fell sharply.

Therefore, the South represented a more conservative culture, whereas the North where the industrial revolution had changed life was more progressive. The balance of power in the government relied on the balance of states that had slaves versus the states that prohibited slavery.

Media is one of the major contributor is delivering the news and updates at every door step through print media,electronic media and digital media. Media has developed awareness about human rights and social laws as to how one should respond to mishap done to them.

The recent economic downturn and turmoil that has swept the country since 2008 has had many people, both ordinary and pundits, warning of an impending crime wave. The problem has been exacerbated by the fact that many municipalities across the country have been witness to city officials and police chiefs having to lay off law enforcement agents due to budget shortfalls.

Needless to say, contemporary literature provides a wealth of information about how international humanitarian law and human rights law work in the context of armed conflict and can reduce their negative effects on civilians. But what about Islamic law? Surprisingly or not, the knowledge of Islamic law and its utility in armed conflicts is scarce.

Provision of a rapid response to all citizen calls for service is not an effective use of police resources because of a number of reasons. These reasons include the fact that the police resources are allocated according to generic plans that are drawn up by the police headquarters.

The years they spend in the confinement, however, reduces their opportunity for a transition from the institutional perspectives to a free life in the community as they face challenges in meeting their basic needs during the imprisonment that eventually declines their ability to reconnect with the society by which some of them become fundamental misanthropists after being exposed to extreme perils of human life.

The Trade Marks Act 1995 states that a trademark needs to be distinctive and reflect the trade commercial or trade origins of a person (EJ Gallo V Lion Nathan, 2010). In Section 20, it is noted that the owner of a trademark has the right to use the trademark, authorize the use of the trademark and obtain relief when the trademark is infringed.

Recent recessions have cause a major “increase in the number of corporate fatalities”, bringing a newfound interest into the law surrounding insolvency (Tagg 1991: 22). The Insolvency Act 1986 was introduced as a method of allowing exceptions to be made to the corporate veil rule as held in Salomon v Salomon (1897).

The male and female prisoners at the time were held in separate prisons and given individual prison cells. Although kept in the same prison facility, the men and women were not allowed to socialize and the women were usually imprisoned in attics.

In 1989, Narni Pty Ltd was engaged in a private nursing home business. Narni Pty Ltd used to write cheques on the defendant- The National Australian Bank Ltd, the bank dishonored several cheques which were drawn on Narni No 2 Cheque account which had been maintained at the Elwood branch.

The charter also does focus on being on protecting minorities. The Czech Republic has included the charter as an integral part of its constitution. However, the extent of the protection of human rights by the charter is put in question in the Czech Republic, considering the Roma population in the Czech Republic.

The younger generation has always been considered as the torch bearer of the society’s future. It is the main responsibility f citizens and parents to prepare them for success. However, this may have to be attained in extremely unpleasant ways since some of the children might not drink from success’ pot thus living a highly unhealthy life in their adult years. Children may turn delinquent as a result of a couple of reasons.

Specifically, these technologies were related to those within the Java operating system, which Oracle alleged were willfully copied without any permission by Google when it developed its own Android operating system. In Oracle America vs. Google, Oracle claimed: Without consent, authorization, approval, or license, Google knowingly, willingly, and unlawfully copied, prepared, published and distributed Oracle America’s copyrighted work, portions thereof, or derivative works and continues to do so.

It also requires judicial sanctioning of any warrant, which must be supported by probable cause. Its adoption was in response to writ assistance abuse during the American Revolution. Arrest and search must have scope limitation, which depends on specific information given to the court that issues it by an officer of the law.

Hardaway makes this clear when the author purports that “victimless crime focuses on the nature of the consensual activity prescribed and addresses the issue of harm to others than those engaged in the consensual activity”. Thus, it is the responsibility of the state to ensure that no one suffers from the ill effects of passive smoking.  

Minority ethnic groups continued to suffer from this discrimination in terms of receiving less pay than whites due to their contribution to the UK's labour market. Doing overwork and receiving less pay has become a common characteristic of the minority ethnic groups of the UK despite having similar educational achievements.

In this previous system, victims used to receive no attention or support. Sadly, without support, victims do not rise above the victimization ordeal and pain. Victimology is the discipline that seeks to understand the victim in his entirety, from the experience to personality; all these in a quest to connect the experience and victim.

Red Book of FIDIC states that it has been drafted with sharing of risks between the parties in a construction contract evenly. A contractor assumes more risks that may have a direct impact on the contract’s completion date or final price. FIDIC Red Book allocates and classifies the various perils in a construction contract.

First of all, I would like to add a few more ideas to Dimino’s post. As stated here, parties’ right time choices matter a lot, because negotiation before the commencement of litigation and post litigation greatly varies. Also, it is important to know why one should choose arbitration over litigation.

What developments over the last 20 years have made transnational crime harder to detect and prosecute? Military thinkers term it as asymmetric warfare or the insurgency, which is sponsored by non-state actors. No the nations don’t need to go for an all-out war with the adversaries; the same objectives can be achieved by merely sponsoring / promoting the insurgencies / crimes in that state, which is termed as transnational crimes.

It can be placed on goods or real estate if money is borrowed to buy it. Lenders are required to send a reminder notice or letter of demand if payments are default. If the payment default is not corrected as expected in the demand letter, the lender should send a default notice making it clear how he or she will remedy the default.

The author states that the employment Act of the United States ensures that the employer would appreciate the health of his/her employees for increased productivity and national economy development. The government appreciates the fact that the nation can only be built by healthy citizens. The government is strict on expectant employees.

The joint judgment made by Jacobson, Lander, and Foster JJ, agreed that appeal should be duly allowed to Yarrabee (applicant) as against Steggles (plaintiff). In 2004, Yarrabee Chicken Company Pty Ltd was reputed as one of the chicken growers in the Hunter Valley, which had arrived into a contract with Steggles Limited.

For those U.S. employers who have integrated workforces, different laws govern unionization since they are merely on a voluntary basis and are governed by federal labor law. If a certain workforce in the United States is unionized, the company and the union will negotiate and enter into a collective bargaining agreement.

If the injuries were inflicted accidentally during the game, other forms of claims would arise for example vicarious liability. In this case here was the intent to do the assault on Dayton, even if it could have happened during the game. In proving intentional claim, three elements must be proven by the plaintiff; the intent, a volitional act, and causation (Weaver et al.

The EU goes beyond requiring the Member States to cede sovereignty for limited and common purposes. The EU has established a legal, economic, and political order in which Member States are essentially required to recognize the EU’s authority over national laws and public international law. This distinguishes the EU as an international organization.

The study leads to the conclusion that the law on Sedition has undergone tremendous development after the court’s decision on the court stated in the paper. There are a number of cases, which have now been changed the precedent set in the decisions, the same are not very consequential to the law on sedition and freedom of expression as curtailed in the American Constitution.

These powers are exercised by the judges of the various courts in New Zealand. It is an independent organ of the government that is free from interference and/or direction of any other purpose. In addition, independence applies internally to the judges, meaning that no judge should influence the decision of another judge.

Money laundering is the result of various illegal activities. For example, across the US-Mexico border the drug trafficking business and illegal cash transfers from the US to Mexico is estimated at somewhere between $19 and $29 each year. It is difficult and cumbersome to understand how and in what way this cash is collected and delivered.

The Underclass and Group Offending. The term underclass was coined by journalist Auletta while in US, who in defining the term emphasized more on the values and behaviours of persons likely to be assigned the term “underclass”. This has been found to be very narrow by sociologists and criminologists alike who think that such a narrow definition does not give or address the root cause for the emergence of crime amongst the underclass of the society.

Notably, the findings obtained through the study advocate that the acculturation process is the conversion technique that helps people to change their own culture or behavior and adopt the new culture. In this regard, different law enforcement agencies help in order to make the process conversant for the new police officers.

When offenders get arrested for drug-related crimes, it becomes imperative that all the monetary and material gains from the criminal enterprise be forfeited by the state forming a very visible and real measure to not only ensure that criminals and their cohorts do not benefit from their activity but to also act as a deterrent for those who may view drug-related crime as a profitable and attractive option.

On arrival at the scene, I identified myself to the Battalion fire Chief who briefed me on the progress of the fire and other operations. I found out that the Battalion fire chief and his team had already secured it and made initial investigations on the exterior and the interior of the building.

The role of secured creditors in business insolvency has always been a debatable matter because of varied views of people regarding its benefits to the borrowers and the creditors. On one hand, one considers secured credit facilitates the borrowers by alleviating the difficulties arising from information irregularity in credit markets.

As we enter the 21st century, it becomes apparent that many countries step into the new century after shedding off their old skins by discarding practices that seem cruel; Capital punishment is one such practice. Many states have abolished capital punishment as it no longer compliments their stance on certain topics for example; human rights.

This paper will discuss in detail, the differences between a felony and a misdemeanor. The paper will highlight several definitions of the two terms and point out the differences between the two classes of criminal offenses. This essay will also review a scenario involving a criminal offense with the sole aim of determining whether the offense was a felony or a misdemeanor.

There were many recommendations under this report which eventually were used in setting policy on the prevention and management of crime. Through the commission, a systems approach to criminal justice was employed and an improved coordination for law enforcement officers, courts, and correctional institutions was also established.