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Scepticism refers to the personal skill of the auditors to evaluate the honesty of the accounting practitioners. The concepts of professional scepticism, which are entirely depended on the perception of the auditors, are influenced by various factors. At the foremost, the concept is influenced by the amount of scepticism implemented by the auditors.
For the consent of the patient to be valid, the doctor must prove that the patient had been informed of the risks involved and that they had notified the patient of all the possible complications that might occur when performing the operation (Hope, Savulescu and Hendrick, 2003. The doctor is also under a duty to ensure that the patient is competent to give their consent to the operation.
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Over the years, various criminologist and authors have developed numerous definitions of White collar crimes. However, none of the definitions that have been provided can be deemed to be accurate and complete. According to Edwin Sutherland, "a crime committed by a person of respectability and high social status in the course of his occupation" (1949).
Euthanasia has been legalized in a few European countries. However, doctors in the UK are unwilling to terminate the life of patients, even in the most serious cases. This is not the situation obtaining in some of the other countries, and the UK doctors are of the opinion that patients, with terminal diseases, must be provided with comfort and palliative care to enhance the quality of their life.
The paper has identified and analyzed different studies related to the topic; however, it is anticipation that future researches in this regard will allow a more comprehensive and updated understanding of the impact. It is an expectation that the paper will be beneficial for students, teachers, and professionals in better understanding of the topic.
The duties and responsibilities of a commercial agent are clearly defined under the law. According to Part II section 3 of the Commercial Agents (Council Directive) Regulations 1993, the agent has the duty to (a) negotiate contracts for the principal in an appropriate manner and to conclude the transaction in accordance with the instructions.
Many myths and misconceptions about rape are prevalent in society. Because of the trauma already suffered by the victim, and the likely prospect of further trauma in prosecuting the matter, many cases of rape go unreported. The lady, usually too much afraid to take action or to prosecute the perpetrator, suffered in silence and was punished for her inaction.
Contract claims is a wide area that entails a lot to be considered. There should be no assumptions in the methods of claiming the contracts. As earlier mentioned, record-keeping is extremely vital, as it acts as reference points. These records, however, should be up to date, containing sufficient written notices.
His past record before the case was an unfavorable one too since he had been imprisoned in Arizona prisons for the murder of his girlfriend (a teenager) some years in the past. Just like many cases, he also stood out for the murder reasons, and people tend to forget other crimes of molestation to the kid he killed.
In practice, the rights of individuals have been included in a concept known as human rights. These rights have been found to have certain qualities, being universal, inherent, inalienable and indivisible. The above qualities of human rights are explored in this paper.
It is quite essential to state that there have been some instances where damages have been claimed in nuisance, both under private and public nuisance. However such liability is connected to the actual physical interference with a neighboring land owner’s right to peaceful enjoyment of his property.
Domestic violence is "now ... recognized as [a] violation of our human rights Services for the victims include shelters. These include various support groups, shelter outreach and follow-up advocacy programs. These same services are extended by the UNCHR to refugee women who are victims of violence.
Sing FooKee has agreed to pay the additional amounts in order to enable the contractual obligations to be discharged. Since a promise has been made, the promiser can go back on its promise only if some other consideration was supplied in return for the creditor’s agreement to accept a lesser sum than what it was promised.
Shirley wants to take care of her father and keep an eye on him by availing the option of flexible work arrangement. It is true that Shirley’s needs are genuine but under the constitutional framework of employment guidelines and alternate arrangement of flexible working condition, Shirley is not eligible to apply for working from home.
The reason for this procedure is to allow the judge to determine for himself which position has logical basis and have been arrived at only after taking into consideration the risks and benefits the medical procedure will present to the patient and which side has basis in claiming that a detection will prevent the avascular condition and in general which opinion is more cogent, and logical.
Law empowers as well as restricts the actions of state officials. Although the law is an indispensable requirement for the just management of intelligence, it is not sufficient. In reality, law subsists mainly to permit infringement on human rights, despite establishing procedures for obtaining appropriate authorization.
As we can see from the above discussions, the original question of whether or not a law is desirable or practical over the information in cyberspace is not a question that can easily answer. There are times where having law is freedom for individuals, such as in the case of copyright law. The location of the internet service provider.
This term is yet to be understood in its full sense. This is generally meant as knowledge of the law. The classifications and further thoughts on unwritten laws lead to the expansion of jurisprudence as a subject of research like science and arts. Geography and religion play crucial roles in this study since zonal culture is the chief factor underlying.
Recently, an employee of your company had caused injury to many people on account of his negligent driving of a company vehicle, in the course of his employment. In this context, it is essential for your company to be aware of the implications of vicarious liability while engaging new staff. Consequently, the employer is responsible for the activities of his employees in the course of employment.
The author of the following paper states that prisons are usually designed to house a specific number of inmates; however, it is not uncommon to find prisons that have exceeded the prescribed capacity. This analysis will focus on three main areas of jail overcrowding; the causes, effects, and possible solutions.
Now, imagine the same homeowner, hiding with his family and just calling 911 for help. He waits with his family in the dark or makes enough noise to alert the intruder. There is a big chance the intruder will hurriedly try to escape. The family hopes the police catch up with the individual. Meanwhile, they are grateful none were hurt.
Justice Thurgood Marshall was one of the leading American justices who brought a change in the 20th century. At an early age, obedience to the rule of law was his core value. On June 13, 1967, Thurgood Marshall became the first African American to be appointed to the Supreme Court where he served as an Associate Justice for twenty-four years.
The paper will also address the factors that have shaped these changes, and the effects the changes have on young people’s opportunities and experiences. Lastly, lessons from this evaluation for future policy practices and developments will be outlined. Crime prevention has turned out to be a crucial part of criminal and social justice.
The issue involved a fraud case in which an Old lady, Doris Reed bought a house and the seller, Robert King and his agents failed to notify her that multiple murders had occurred at the house. However, reed did not know of the murder and bought the house at a price of $76,000 while the house was worth $65,000 due to its bad history.
There are mainly four qualities that the organization in the state strives for. Firstly it is required that the state must possess a well develop existing infrastructure which facilitates the organization to conduct some basic functions. Secondly, it must have the facility of easy access to the local resources that are required to fund the income.
Because of its complex nature and vastness in size, the maritime domain is particularly susceptible to disruption and exploitation by individuals, nations, and organizations. The vastness of the oceans and the lengths of shorelines make the land accessible by terrorists as well as rogue nations.
Much of a misrepresentation case is concerned with the determination of the kind of statements that are seen as reasonable and can be relied upon. In this context, fact statements, which are actionable, have been distinguished from other forms of statements that are seen as not being capable of forming the basis of action.
Any good brand combined with an equally good business plan and sound marketing strategy generates awareness and ultimately, loyal patronage. Once the brand is established and gained recognition, the creator or owner thereof must protect its proprietary rights against market forces subject only to the limitations imposed by law.
The three principles the international environmental law treaties embody are the following One, Duties owed to Future Generations which the 1972 Declaration of the United Nations Conference on the Human Environment in Stockholm contains as Principles 2 and 5. The 1992 Convention on Biological Diversity obligates parties to integrate into their national laws the issues of conservation.
However, there are certain sections in the act that pertain to the specific topic of confessions and their admissibility in court. The Police and Criminal Evidence Act have set out in section 82 of the act the definition of what would constitute a confession.
With the advent of computers, new ways of information flow began to be adopted. Computers and information technology helped rapid advancement in different fields. The increasing scope of making better designs, adopting newer business methods and the invention of modern technologies increased the bulk of intellectual properties immensely.
In Meadows -v- Minister for Justice Equality and Law Reform Irish Supreme Court had to deal with several issues that related to human rights, refugee and other issues. The appellant is a Nigerian national who had arrived in Ireland at the age of 17 and had applied for refugee status for permanent residence in the country.
Lord Diplock observed that to constitute a valid declaration of trust by way of gift of a beneficial interest in land to a cestui que trust the declaration is required by s. 53(1) of the Law of Property Act 1925, to be in writing. If it is not in writing it can only take effect as a resulting, implied or constructive trust to which that section has no application.
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Ultimately, community custody of the criminal justice system allows direct involvement in the justice proceedings to arrive at significant ‘community-driven’ penalties for offenders which consequentially reduce cost by doing away from formal criminal justice processing and decreasing incarceration (Gavrielides, 2007).
The remedies available for breach of contract of sale are repair, replacement, partial refund, rejection and full refund. Moreover, if a defect occurs within six months of sale then such defect is deemed to have been present at the time of sale. Hence Stuart can either reject the contract or claim a full refund, in addition to a claim for damages.
The management of a company is usually entrusted to a body of individuals called directors. It should be noted that the Act requires a private company to have at least one director while a pubic company has a minimum of two directors. The exact name by which a person occupying the position of director is called is completely immaterial under the Companies Act 2006.
Criminality is inherent somewhere in human nature just like good virtues reside in some corners of the human heart. Criminologists study and analyse criminal behaviour to rein-in such activities. With the changing of times new criminal opportunities have surfaced from the use of new technologies, new types of organizations and new markets.
Lawmaking cannot be left in the hands of Courts and jury since it could be robbed of critical application and holistic approach since it is necessary that lawmakers need to consult the public on how best it could be framed and implemented. Judges are constrained from seeking opinion for law and legal pronouncements.
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One advantage of using secondary data is that it is a pragmatic way to do the research because such data can go beyond the geographical distance. Moreover, it is possible to squeeze more time and spend it in thinking about the research aims and taking more efforts in analyzing and interpreting the data.
Irish Constitution attempts to make balances between the rights and duties of parents, the status of the family, personal rights, and the authority of the Irish government as a custodian of the common good. It is to be observed that the main endeavour of the Irish Government in its anticipated amendment is merely to incorporate children’s right to make a decision on their own.
The paper states that it should be noted that the consumer protection Act 1987 imposes civil liability allowing a claimant who is injured by an unsafe product to sue the manufacturer of the product. The seller can also be sued in cases where the seller may have known the product was defective or was negligent.
It is really quite essential to notice that in Ramsden v Dyson, Lord Cranworth referred to the silence of a landowner in the light of someone building on their land. He suggested that equity would intervene if someone silently allows another to build on his land and does not interfere to prevent that.
A democratic society, no doubt, bestows many rights to its citizens, the likes of which are conspicuous by their absence in countries having an autocratic system of government. But it needs to be noted that, even in a democracy, there are certain situations where the rights of citizens are suspended, though on a temporary basis.
The crime is addictive and the boy may never stop it if severe punishment is not applied. He is likely to develop new ways of terrorizing people in the society as he grows up. Many criminals who have been convicted of a violent robbery at an older age begin with minor theft and eventually resort to violent crimes that sometimes are accompanied by murder.
Alvin runs a business selling expensive cars. Last Monday he mistakenly placed a notice on one car indicating that it was for sale for £5,000 when in fact its real price was £25,000. Bert later noticed the sign and, recognizing what a bargain it was, immediately indicated to Alvin that he accepted the offer and would take the car for the indicated amount.
In England, it had been established that the exercise of power by the government must have legal justification. Moreover, the exercise of power by the government, which has no legal justification, cannot be justified on the grounds of state expediency. The landmark case, in this regard, is that of Entick v Carrington.
In the case of Hugin v. Commission the ECJ implemented a restrictive approach to the definition of product market and on grounds that there was a special demand for spare parts. Moreover, in the case of Hilti v European Commission narrow view was taken of the product market in considering Hilti’s patented cartridges to tie in nails.
It may not be desirable to criticize the modern people for leading children to delinquency, but one could see its symptoms from the time immemorial. Though there were different juvenile detention centers, one is doubtful regarding the services they performed for assuring the better future and rehabilitation of these juvenile delinquents.
Most of the people in our country belong to the middle manager levels or below. With a falling economy at hand, it has come to notice that the wages and salaries for these people have not risen or had in fact got a drop. Companies have also been laying down a lot of their employees. At the same time, the CXO series employees of the company continue to get increasing pay and huge bonuses.
This tension between the legal protection of human rights, political constraints and the extent of individual protection highlights the conflict between legal enforcement of rights in practice. Donnelly acknowledges the inherent problem of implementing a philosophical foundation of a substantive theory of human rights.