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The superiority of the EU law over domestic UK laws enables various EU Directives to have a direct impact on the English legal system. EU directives normally prompt the UK to enact domestic laws that allow for the smooth implementation. The requirement that the UK must comply with various articles of the EU treaty and directives has basically placed the country in a position to operate in line with the EU law whether or not a domestic legislation to that effect is in place.
Unlike physical injury which is witnessed physically and can be identified through medical reports and other things, psychological injuries are emotional and individual-based. A person who goes through them cannot show much proof. Thus, there is a challenge in defining the extent of psychological damage or injuries that a person goes through.
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Human trafficking is practiced in 161 countries in the world by being either source, transit or destination for people who are trafficked (UN, n.d., p.1). Sadly, even children are not spared in the heinous crime of human trafficking. On the contrary, the statistics show that children are the largest group of victims of human trafficking.
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This paper discusses illegal immigration and the notion of the illegal immigrant as a “deviant” through the lens of the Labelling Theory. This paper draws upon Becker’s essay ‘Labeling Theory’ which appeared in Thio et.al’s Readings in Deviant Behaviour, which states that “Deviance is not a quality that lies in behavior itself, but in the interaction between the person who commits an act and those who respond to it.”
Background For generations, family law in the UK has sought to keep the fundamental social structures of the UK intact and allow the proper socialisation and create the right atmosphere for the social and economic wellbeing of residents of the country (Diduck, 2003).
The aim of the paper is to show the importance of studying criminal justice. One importance of studying criminal justice system is to equip learners with adequate knowledge and skills in carrying put various functions of the same. This leads to the development of skillful and knowledgeable personnel to deal with criminal issues in a given society.
Cognitive – behavioural treatments have become the novel approach to the treatment of sex offenders. Some of the sex offenders wholly refute any association with the sexual offense, and the majority prolong to deny critical elements of their offense even after being prosecuted. Sex offenders cannot be anticipated to wholly engage in treatment.
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Credit cards have become a common medium of payment. Credit cards are easy to carry, and it is safer than carrying cash. The usage of credit cards in the UAE has exceeded the other neighboring nation’s usage particularly in the Middle East, South Asia, and African region. Now, UAE has become a developed market for the usage of credit cards.
This case study depicts a compound legal problem whereby a will has been violated through fraud. Acacia Garden is the property under dispute. The house has changed ownership from Albert to his grandchildren Brian, Chloe, and Derek through a will. The new owners do not seem to agree on how they should share the property, more so after Albert’s death.
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The structure and the rules of a country’s legal system can highly affect the country’s performance in regard to all its sectors, including its positioning as a member of the international community. In any case, the legal framework of each country needs necessarily to be aligned with the rules of international law.
Generally speaking, the socio-economic costs of this process have a large-scale impact on communities and individuals, and at an average estimate, the cost of trafficking exceeds $20 billion as regards recruiting fees and salary underpayment, while human capital costs are not quantifiable (ILO, 2009, p. 4).
In the UK, the resignation by constructive dismissal in normal parlance would mean a wrongful dismissal. When an employee is fired by an employer or compels him to leave the job without following proper guidelines, it is known as unfair dismissal. Unfair dismissal occurs when there is no infringement of the employment contract or wrongful dismissal.
Most commonly, it is necessary that all the terms of the process, as defined by its nature, are met. The ability of its initiators to respond to its needs is also of critical importance. The current survey focuses on empowerment as a tool for developing health promotion schemes. Empowerment is a concept related to various activities.
Working in the Law (Name) (University) (Course) (Tutor) (Date) Introduction Contributory negligence is quite a barrier when it comes to seeking justice for many people across the world. The harsh application of the doctrine is unbecoming in cases where a person is capable of avoiding taking responsibility for the injuries he or she causes due to carelessness.1 The denial of recovery to an injured person, even in the least degree, does eliminate the public confidence in the legal systems’ fairness approach to justice.
Such changes could decrease crime rates, help justice departments catch criminals, and adjust the penal system. Three specific aspects of the criminal justice system that have the potential to change significantly in fifty years are biometrics, cybercrime protection, and the end of mass incarceration.
This was the original method by which criminals were punished and was a system that originated in Auburn, New York. The prisoners of that time were expected to live their incarcerated lives in deep penance and contemplation, almost like monks if you will.
Beneficiary Interest Vs. Trustee Power. A trust is a concept whereby property, the subject matter of the trust, is transferred from one person the settlor to another, the trustee to hold for a specified list or class of persons, the beneficiaries. It is a formal transfer device analogous to a will except property transfer is to trustees not executors.
It is important to assess the cases leading up to, and more importantly those decided subsequent to the decision because they represent the difficulties faced by the courts in arriving at a suitable conclusion on the issue. Prior to Emeh, the court had held refused to award damages for the cost of raising an unwanted child because it was considered that the birth of a child (even though it is not planned and unwanted) is “a blessing and an occasion for rejoicing”.2 This approach was received with difficulty and Paine J this declined to apply the case of Udale, thus allowing such a claim to succeed because social policy should recognise that the birth of an unwanted child is not in every
Upholding the Right to Marry: A Position Paper on Allowing Same Sex Marriage in the US
When New York legalized same sex marriage in June this year, it became the sixth and largest US state to do so
It was a sentimental occasion for me as well, because it meant that my favorite Aunt Toni , who is living in New York, and her partner of 16 long years finally have the legal rights to make their union lawful and acknowledged by the state.
In 2009, an innovation was introduced into the legal system of the United Kingdom. The Supreme Court was created, effectively replacing the House of Lords as the last court of appeal in the UK. The virtue of the Constitutional Reform Act 2005 made provisions for the same. Some critics have scorned this latest legal development as a cosmetic change.
The major criticism that UCR confronts is the amount and quality of information it collects from local and state agencies. Since UCR only gets information from police agencies, crime incidences which are not reported to the police are not taken into consideration, thus inaccurate crime data.
Generally, the Child-savers were not just humanists and altruists, their main aim appears to safeguard and protect poor and migrant children. They were perceived as reformers, who were inclined to alleviate child delinquency and to better the treatment meted out to children under the existing justice system.
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Terrorism aims at instilling fear in non-combatants with the aim of swinging public opinion on a certain political or social course in favor of those causing terror. Over the years, terrorism has been used to pressure political opponents with the aim of achieving political personal goals and objectives. However, there often exists a thin line between terrorism and the fight for justice.
Capital punishment remains a divisive topic, with staunch advocates on both the opposing and supporting sides. Those in favor of the death penalty claim that it is necessary in some circumstances. Opponents hold that no human being has a right to play God and take peoples’ lives.
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The United States of America is one country that some of the world’s strictest rules on entry and departure to and from the country. These laws are generally known as immigration laws (Saskia and Alejandro, 1993). Immigration involves the legal processes through which a person enters and dwells in another country for a period of time.
The residents are mainly victims, whose legal and moral rights are those that pertain to minors, and to their being human being with fundamental human and civil rights (Hauswirth, 2012; Vance, 1906, p. 199; Justia, 2011; Kraakman, 1999, pp. 669-672; USLegal, 2012).
The author states that the law of restitution under English law is rooted in the notion of reinstating benefit, which would otherwise end in unjust enrichment by the defendant. Hence, the core aim of the restitution is to confiscate from a defendant the accrued enhanced benefit or wealth, which the law states that the defendant is not eligible to enjoy it.
As a result, the police force is often described as a function of community service. Nevertheless, police officers are permitted under the law to apply force in their duty of protecting society. The use of force is an established doctrine that governs the police force under certain conditions.
The primary reason for standardizing the State laws regarding the conduct of sale and transactions is that sometimes transactions and sales tend to extend beyond the jurisdiction of a given state. For instance a particular product may be manufactured in California, Warehoused in Arizona, sold in Texas and delivered in Michigan.
Even after a few months of training and support, she is unable to use the computer tools to be productive and efficient in completing the required tasks. Describe what steps you would take to address the following scenario involving management, behavior, and performance: The employee concerned is Jennifer, a college graduate that makes it quite difficult to understand why she cannot learn computer applications basic to her job responsibilities even after few months of training and support.
We live in an era that is rapidly getting transformed into a cyber world. Here, we get to do an array of things using a computer and a network, ranging from business to entertainment, filling the space in between as well. All kinds of people use the internet ranging from little children to busy businessmen for different purposes like business transactions, communication, entertainment, social networking and research.
In cases of anonymous harassment in the workplace, the managers should avoid gossips and should provide the alleged harasser the opportunity to respond to allegations in a meeting, where evidence is adduced to him or her. Private security law Introduction Over the last few years, outsourcing of many policing activities has increased (Pastor, 2007).
However, all the early constitutions are amended due to the alteration in the procedures and time consumption. The aim of the paper is to suggest whether the statement, “The Delegates to the 1897 National Convention on the Australian Constitution thought of the High Court of Australia as the protector of States Rights against encroachment from the new central government” is correct in the current scenario or it should have been amended in such a way that it would be beneficent for the state and the people.
Adequacy of consideration forms a part of courts’ interpretation of fairness in terms of the exchange supported by the contract. This threshold may not capture an ordinary interpretation of fairness in terms of value that parties may claim in the contract. Old court practices did not highlight adequacy in consideration.
All PFI programs are usually weighed against a reputable program funded by the government, through a process that is referred to as the public sector comparator. The process sees the use of appraisal criteria, whereby the finances related to each variable undergoes cutbacks so as to depict the transfer of risks.
Sources have revealed that the law entails provisions that govern the operation and funding of community health services, especially for the mentally challenged in all counties through locally administered and controlled community mental programs. The existing law, the MHSA, is an initiative strategy enacted by the voters during the general election of the states.
Mary joined a local gym on the 1st of March, and on the 20th of March, she viewed an advertisement stating that any member of the gym who introduces s a new member and buys a yearly membership will be rewarded with an amount of £50. The claim of the reward is to be attained through the card available at the reception of the gym.
Based on the Lands Registration Act of 2002 s 1 (1) which incorporates various laws and legal issues concerning the land transfer and ownership, once Abigail sold the house, she transferred all legal rights and liabilities to Stephen the new owner and just as it happened in British American cattle Co v Caribe Farm Industries (1998) 1 WLR 1529, Stephen gets awarded the new certificate of ownership.
Mentioned organs are the brain child of Scottish Law. The judicial system of the United Kingdom is diversified in a way that England and Wales have the same legal system whereas Scotland and Northern Ireland are pursuing a bit different legal system. There are peculiar rules and regulations in the legal system.
The Gamblimg (Gambling Harm reduction) Amendment bill seeks to provide the local community with a greater chance of determining where the pokie machines should be placed. The bill allows the people to consult with the authorities in taking the suitable measures with regard to the number and location of the pokies which are the key objects in the practise.
60,000 from his building society account. He deposited the money in the defendant’s account. In the summer of the same year, Mr. Dolphin made cash withdrawals of the utmost allowed amount of ?300 almost each day. At the end of it all, Mr. Dolphin had lost the majority of his savings and the cash he had inherited from his father.
If left unchallenged, the defendant‘s confession is influential on the trial outcome. In many cases, a confession serves as the single most influential factor in leading the trier of fact to reject the attorney's defense strategy and render a verdict of guilty.
Government policies and laws coerce obedience; the government has resources including the courts and the laws, which ensure obedience to its subsequent policies and legislations. Such therefore ensure compliance with the state laws thereby preventing harm to other members of the society. Omissions do not often occur in such cases.
Schmidt (2001), in his journal titled “Employment in the New Age of Trade and Technology: Implications for Labor and Employment Law”, argued that external industry changes (including political as well as economic alterations) impose significant effects on the employment environment, acting as major forces to drive trade and technology advancements.
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According to the earlier court rules, any additional term that was not in the original agreement leads to non-acceptance. The court is able to detect that a counter offer was made. However, the modern court rules ignore the existence of any additional information in the offer, and do not change its decision for the acceptance of the offer.
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Second Amendment and Gun Laws Introduction The issue of civilian gun ownership has caused a very heated debate and must be looked at in a very critical manner. Needless to say, there are those who believe that civilians should not be allowed to legally own a gun.
There was a change from the awarding and collective negotiation agreements to the individual contracts in employment. Previously there existed a long tradition of the centralised regulation related to wages by means of awards or agreements in Australia Industrial Relations Commission including both industry and national levels.
During his presidency, Bush nominated 11 candidates for 10 different federal appellate judgeships that were rejected by the Democratic-controlled Senate Judiciary Committee. This paper will interpret various judicial appointments made by Bush and the outcomes he was attempting to achieve.
Membership of SN sites such as Facebook, Twitter, and MySpace is one area that the current data protection reforms target (Wynton, p. 1859). Consequently, the public has taken sides to assess the effects of these judicial actions with regard to SN membership for sex offenders, who are among groups whose membership in SN sites is under review.
Modern learning institutions have a particular regime of appearance. The aesthetics include classrooms matching the design of the outer structure of the buildings, use of technology such as virtual learning tools in the classroom, implementing the school dress code policy, mathematical designs such as geometric shapes, maps, objects, and people.