Law Essays

A company is covered by the veil of incorporation and this veil remains in place except in exceptional circumstances. For example, a director of a company that is wound up because it is insolvent can be made personally liable for such of its debts as the court sees fit if there has been wrongful trading or fraudulent trading.

Globalisation has numerous effects on many aspects, employment included, across the world. By definition, globalisation means many things to different people in different disciplines. For instance, globalisation could simply imply increasing worldwide interconnectedness, but it can be argued that this definition fails to address the many issues that the concept touches on.

The United Arab Emirates is widely recognized for its successful entrepreneurial enterprises as well as its supportive business climate. To create a company in UAE, one must follow flexible procedures and transparent steps in order to be successful in mere days. The first step will involve determining the legal form and activity.

The United States Constitution is the supreme law of the states. Under this supreme law, there are three branches of the government which are; Article I, Article II (the executive branch), and Article III. Each branch has its constitutional right to monitor the actions of the other branches and is separate from the other branches.  

Impeachment of federal judges or any other person similarly placed like the president and others can only be done through a constitutional procedure. Impeachment will not by itself remove the impeached person from the post he is holding. It is a prelude to the trial prompted by it and the person can come out unscathed if he is not guilty.  

Article III judges “hold their Offices during good Behavior and shall at stated Times, receive for their Services a Compensation, which shall not be diminished during their Continuance in Office. This means in essence that the federal judges’ salaries cannot be reduced, and federal judges cannot be forced to retire or leave office.

A supreme court justice can end up getting impeached through the house of representatives and dismissed from office in case he or she is convicted using a senate trial, but only for similar kinds of wrongdoings that would prompt any impeachment taking place for any other legislative administrator under Article I and II of the Constitution.  

The makers of the law had to find a way to protect it. One of the ways that the law can be protected is by preventing any influence on decisions made out of the interpretation of the laws and the constitution. This is the reason why judges are allowed to stay in office as long as they want to, provided they do not violate the rules of good behavior  

Internet spam is governed by the spam act which was enacted in 2003. It has a number of sections that seek to define more about the act and the meaning of some of the words and terms that have been used. Spam is a term that is used to define junk mails that are received in the mail. The mail may not have a definite source.

Earnings for personal services are assessable in the year of receipt (or constructive receipt) and not in the year in which the income has been earned, except where the services are rendered in the course of a business or professional practice which is subject to an accruals basis of accounting. Added to this fringe benefit income is not taxable. 

The research problem is given in broad terms by the statement that ‘this research will be about shoplifting’. This statement is valid. The security manager (who I will refer to as male for the sake of simplicity) then attempts to narrow the focus to his own specific shop. But this step is not well justified.  

Today we are stuck in the process mindset. It has brought us disasters like the health racketeering bill and a widespread willingness to accept the rogue “supreme” court’s decision. Those who are stimulated by doctrines of justice and have constantly contended for core principles must guide all politics and judge all policy.  

Under some conditions, trademark protection could find extension beyond the scope that is provided by words, phrases, or even symbols, in order to provide for the inclusion of the other more specific aspects characterizing the product-this could relate to the product size, quality, packaging, color among others (Wilson, 2005).

The way of conducting business has greatly changed from the ancient barter trade to the modern-day way of conducting business; the use of currency. This has also changed the way business people protect their property from duplication/forgery. It is however the introduction of the internet that completely transformed the way of trade.

This application was opposed by several third part websites that are used by online retrials to sell mattresses and bedding whose internet addresses (uniform resource locators) ends in mattress.com or in-between contains “mattress” and “.com”. Dial-A-Mattress argued that the term “.com” was used to evoke “comfort” or “comfortable”.

A trademark or trademark is a unique symbol or indicator used by people or business firms or another legal enterprise to identify their products or services to end users with which the trademark seems to come from a distinctive source and to differentiate its commodities and services from those of competitor or other enterprises (Reisman 388).

The search will also help the company to avoid infringement of the trademark and potential court action if it went ahead to register the trademark. Eventually, the duty lies with the registrant of the domain name as the laws of a trademark that are applicable in hard copy would also be applicable on the internet.  

Business firms may acquire property rights in the US that are known as trademarks. A trademark is a work, mark, device, phrase, or even a symbol by which the product of a particular manufacturer or the commodities of a particular merchant can be distinguished from those of others; the trademark must be unique in its line of commerce. 

It was held that the board of directors is responsible for making decisions concerning the declaration of dividends and not the stockholders. The stockholders can therefore not decide when to issue dividends in a company. In the Dansey case, it is the responsibility of the board of directors to decide what is best for the company.

Art. XXIV GATT sets out WTO rules for bilateral agreements. These rules are currently under re-negotiation in the WTO. Identify and examine two contentious issues in relation to the present Art. XXIV. Then advise a group of developing countries on a negotiation position that is most beneficial to them regarding these two issues.

The aim of the entire code is to unify business transactions between the States and to limit legal formalities. Because of this, the application of the item is possible under Article 9. The item is classified under quasi-intangibles since it is a portion of land represented by a document (title deed). ONB can perfect this item in various ways.  

The owner of the security interest in the collateral would have to have certain jurisdiction where possessory-type collateral is located. the jurisdiction where the debtor is located governs the perfection of all non-possessory collateral (other than deposit accounts and letter of credit rights which may only be perfected by obtaining “control”).

10 acres of land in Arizona used by the firm for product safety tests. In this case, Article 9 applies as outlined in Section 9 – 203. The security referred to herein as 10 acres of land constitutes tangible collateral. As such it’s classified as a fixture under general goods acceptable for a security interest.

It is practically impossible to divorce business from human relationships and experience in the current society and economic dispensation. The continued evolution of human society through civilization has created a high level of dependence that cannot be wished away as either being of non-effect or as being unnecessary.  

The United States desires that this Court establishes if Italy has dishonored the Treaty of Friendship, Commerce, and Navigation between the United States and the Republic of  Italy and the accompanying agreement to that treaty, through Italy's dealings with respect to an Italian company completely owned by two United States corporations, and, if so, the total value of compensation due.

The WTO has taken a front role in adjudicating matters concerning disputes among member states. This paper looks into the effectiveness that has been displayed by WTO/GATT in resolving disputes that arise from the trading process. The paper also focuses on the mechanisms that WTO/GATT applies as a tool that enables it to resolve these disputes in a transparent and diplomatic manner.

Illicit traffic of drugs and psychotropic substances has for a long time been a threat to the economies and humanity of many communities across the globe. Australia has not been exceptional in this regard and just like many other countries, she has tried tirelessly to curd this practice (Bolt, 2007).

Australian legal process consists of many different complicated stages that differ in areas of jurisdiction and a large body of regulations and rules that must be adhered to. It depends on a number of principles that ensure that all individuals in society place their trust in it. One of these principles is fairness; this ensures that decisions are made based on established rules that are known by people.

Fire safety encompasses measures to prevent fire outbreaks and mitigate the direct and consequential damages by timely detection, tumbling spread by giving flee routes, disaster migration procedures and firefighting means. The mitigation procedures must comply with university laws. This strategy expands on the University’s general health, safety and environmental protection policy.

The Gym often involves many people who come to take physical exercises, their trainers, and the various machines and types of equipment that are installed in the Gym. It is no news, that the Gym is the place where many moving machines are used and comes into direct interaction with the people who use them in their physical exercises.

Fire accidents can be catastrophic leading to loss of human lives and financial losses in terms of damage to property, loss of business, fines and compensation claims (Miller & Miller 2006). A fire safety management plan includes mitigating outbreaks of fire (Dailey, 2000). This fire management plan is meant to be used by students, staff and members of the public who will use Sir Tom Finney Sports Centre.

Arbitration has been a choice for dispute resolution because it is a cheaper and faster way of litigation compared to the normal court process of solving disputes, it has a high level of confidentiality, and it has high flexibility in applying standards and regulations of international transactions.

According to Fishman, (2011) dependent self-employed workers are the workers providing work or offering services to other people or organizations within the legal outline of a civil or commercial contract, but who actually are dependent or incorporated into the company for which they provide the concerned services.

The bacteria can survive under varying environmental conditions where they survive in water temperatures ranging from 6°C to 60°C. Their growth is usually promoted by water temperatures which range from 20°C to 45°C. Below the temperatures of 20°C, the organisms do not multiply and also, they do not survive at temperatures above 60°.

Generally, since man invented the use of fire in the earlier ages of his existence after adopting sedentary life, fire has been of great use to human survival up to the present. Fire can be seen as one of the greatest inventions to be ever made by man even though the sources have been improved since then.

The number of people who perished in that fire was forty-five. Several days after the tragedy, one more person yielded to the injuries increasing the death toll to forty-six. The people who were in the hospital had been trapped by a locked gate. Shortly after the incident, the disaster was placed under investigation but the initial conclusion was that it was arson that resulted in that fire.

Generally, the rise in commercial disputes on an international level is behind the use of arbitration to resolve the same. An arbitration that takes a non-judicial course is not only attractive but proves to be very effective. Since arbitral awards are final and binding, parties can avoid drawn-out appeals.

It is essential to state that the Drawing together of the world both in economic and social terms, a virtual erasure of international boundaries and technology that transcends across international boundaries are some of the factors that have made a determination of any court’s jurisdiction a major headache.

Cloud computing is a computer information technology service that is gaining popularity in the business world. Cloud computing (CC) is a type of outsourcing concerned with the use of computer files stored on servers of computers leased from other companies. In cloud computing, service providers in the cloud computing business offer storage, retrieval and data operation services on stored information

One of the major polemics as regards cybercrime relates to its very definition. There is no consensus about that, as there is no consensus as regards the nature of cybercrime. The literature is abounding with definitions of cybercrime, which are sometimes almost identical, and sometimes quite different (Bologna 27). 

Studies indicate that there is no single law covering merely deaf and hard-hearing individuals but instead there are several laws that tackle deafness and hard-hearing as a disability and some of the laws are considered to be more important than others. Due to communication barriers, interpreters are necessary but this does not imply that this guarantees the deaf defendants full legal protection.

This report addresses ways in which persons with disabilities are secluded in the community and society in general. The report first of all attempts to give sufficient evidence of the existence of social inclusion segregation for persons with disabilities in the community. The report then goes ahead to evaluate the policies and major steps taken to address this kind of inequality within society.

Over the past few years, numerous groups as well as individuals have advocated for the government to implement internet censorship for those pages that are deemed unsuitable for children. The swift growth of internet usage which can be traced back to the 1990s has made more and more people call for legislation on the content that is found on the internet.

The major reason behind the RBA investigation of the bank's funding costs is to determine whether lenders ought to raise the interest rates outside the official RBA pegging rates. With respect to this, the RBA has commenced investigations on the accurate cost that ought to be charged on the funding cost.

It is apparent that fire is a major risk that many organizations experience. It is therefore vitally important that this organization continually assess risks and create plans to assess them. A risk management plan is a kind of document that is prepared with an aim of foreseeing risks, estimating the effects of risks, and creating response plans to alleviate them.

Australia has been a great implementer of the International obligations of contracting nations to provide adequate opportunities for refugees and asylum seekers to be granted a stay in the country. In the years 2009 to 2010 Austral taking it had surpassed the 750,000 mark in taking refugees and persons who need humanitarian assistance into their country.

International trade law is majorly facilitated by way of documentary credits. The letters of credit fall into two main categories which are; standby letters of credit and commercial letters of credit. The distinction between the two is essential that a commercial letter of credit will be a principal document in ensuring payment in international trade.

The company considers “intent to be bound" as an issue of both side's condition of mind, however, if the intent were completely prejudiced there may have been no parol evidence rule, and no case may have been decided without a jury trial, and the effect of a commercial transaction would remain uncertain till the papers were inked.

It is prudent to define values in a societal set-up in order to gain a comprehensive understanding of the role of the courts in protecting society from any foreign arbitral award that violates the public policy of a state, most notably in Saudi Arabia and Australia. The majority of the commentators have determined that the definition of the concept of value is endowed with ambiguity despite extensive efforts to define it.

Various aspects have to be factored in, before making any sort of transaction. As highlighted by Ralph et al (2009) the code of conduct of transactions in the global community is entangled around problems such as international contracting, trade regulations, financing, technology transfer, disputes in international business and foreign investment challenges.