Law Essays

Within this particular understanding, moral rights are perceived as the ultimate good. Within such a view, it is immoral and unethical to deprive an individual or group of individuals of their moral rights; regardless of what lofty or high minded goal might wish to be accomplished as a result of such an action.

Finally, in both systems, before a can be convicted of any crimes, there must be a proof of unreasonable doubt that the person committed the crimes or the delinquent acts (Harry & Dammer, 2010). There are numerous comparisons between the juvenile justice system and the adult criminal justice system. On the first note, the juvenile justice system is a characteristic of the criminal justice system.

The CERCLA requires that certain areas be closed off if they are deemed hazardous, creates a system of penalties for individuals or companies that release or create hazardous waste at a job site, and allows for the use of superfund money in cleanup efforts if the original perpetrators are nowhere to be found (Thomas, 2005, p. 130). 

Administrative Law and Human Rights Judicial Review Judicial review entails looking at the public law with an intention of restructuring the legal principles. These principles acts as a check on the powers delegated to public bodies. In this sense, decision arrived at by neglecting the due process are challenged.

It also provides five plans which are acquired in emergency management to cope up with the natural disasters. These plans include Mitigation Plan, Preparedness Plan, Response Plan, Recovery Plan and Communications Plan. Lastly, it contains the explication of support documents and emergency call lists which are significantly helpful in the emergency situations.

The statement given above is true and can be found under 2-607(3) (a). The statement makes three vital points. The first point is that it defines a time period in which the buyer could give notice if there is any defect in the material bought. The time period usually varies depending on the circumstances of the given situation (Warner Norcross and Judd). The second point that the statement makes that the buyer must notify the seller of the defect within the merchandise (Warner Norcross and Judd).

The scenario that is likely to happen is that if outsiders get wind of the bad practice of the company, they can capitalise on that opportunity so that they put everything possible in place to discredit its image. Once this issue has been publicized, the company is likely to be put under public scrutiny.

Restorative justice is a form of justice that relies on the principle that crime is a primary conflict between individuals that result in injuries of victims (Daniels, 2013). It bases on the idea that the criminal justice system aims to reconcile the parties while repairing the injuries caused by the crime by facilitating the active participation of the victims, offenders, and their communities.

International business law falls under the ambit of public international law. Basically, “public international law governs the relations between states. It comprises a body of rules and principles which seek to regulate relations between states,” (Dugard, 1994, p.2). As such, the European Union (EU) falls under public international law since it involves different states.

The practice can also protect consumers from different hurdles that are often involved with consumer credit services due to the increasing volatility in the global economy. The compliance of knowledge-based services would also protect creditors and other consumers to circumvent risks due to the increasing number of consumer credit institutions.

Understanding from the above statement, Sally had given 25,000 from her trust to George and did not allow her son Harry to get his hands on this money. After Sally died, the sealed envelope was opened and now Bill has the decision to make a choice as to what he needs to do with the money.

Youth involvement in gang activities has become an issue of concern in most societies. This concern has led many scholars and researchers to study the reasons why there are increasing incidents of youth involvement in Gang activities. The key reason why society is concerned is that youth gang members engage in criminal activities and also commit violent serious offenses.

Stops, frisk, and Terry stops are brief detention by the law enforcement officers if there is sufficient and probable cause to believe that the person has committed a felony. In the case of Terry v. Ohio, 392 U.S 1, the US Supreme Court held that the law enforcement authorities could briefly detain a person who they reasonably suspected of involvement in the crime.

The case of Kelly v Cooper is all about the commission behind the selling of a house. As a defendant, Cooper was an estate agent. In 1993, Kelly agreed with Cooper that he will pay him a commission upon selling his house. Without telling Kelly, Cooper also agreed to sell Kelly’s neighbor’s house in exchange for a commission.

UAE’s current status as a chief financial hub, facilitates it to be susceptible to money laundering as the informal banking in UAE is still not regulated adequately. (Index Mundi 2010).UAE has banned the import of Coca, which is known as Erythroxylum Coca, which is bush with leaves that includes a stimulus employed to make cocaine

PD can be considered a milestone for a single and unified European Securities Market. Through each recommendation, the regulation system is getting more stringent. One of the primary objectives of the Prospectus Directive is to provide Investor Protection by providing complete and accurate information about the Issuer Company.

In property law, like many other aspects of law, formality is required in certain transactions. The law often prescribes some forms that must be enforced. In some cases, when an agreement does not meet the recommendation of the law, it will not be enforced.

Generally speaking, issues such as gun control, abortion and affirmative action are guaranteed to spark debate within society. However, unlike gun control and abortion, arguments over affirmative action force people to recognize differences in race and ethnicity, making the policy even more contentious.

Independence in the energy industry enabled Enron to consolidate and become almost a monopoly in the US. The Enron scandal which led to instability in the energy market led the Bush Administration to pass the 2005 Energy Policy Act which repealed the Public Utility Holding Company Act of 1935 and reinstated regulation (Byrnes).

This, due to the fact that technology now holds such a place in the lives of most human beings, will most likely pose the greatest threat to society. Since the advent of the internet and the coming of the digital age, more and more information has been posted online.

United States of America Vs Sony BMG The legal ethical violations are evident in the case with the company being accused of violating the regulations of the FTC and the Children’s Online Privacy Protection Act. The company was found guilty of accessing, recording and using information of underage children within its websites which resulted into a hefty settlement of $ 1 million.

This paper will discuss a specific dilemma that occurred to me while on lunch break from my routine work at the local police department. The Professional Dilemma While on a lunch break from my duties as a full time law enforcement officer with the local police department, I opened my wallet to pay a cashier at a restaurant after having lunch with my law enforcement partner, Mr.

In this paper, I approach the debate on the nature and position to figure out if the EU is made up of citizens or personified commodities. I engaged the tensions that have been ensuing between the social and the economic agendas that are being sought by member states.

Critics argue that renditions are exercised by the United States government to farm out interrogation, or torture, and are a human rights violation (Rosenbaum, 2005). Supporters of renditions claim that these are needed to acquire intelligence, to discourage terrorist activities, and to make sure that justice is served in instances where a trial is not possible due to insufficiency of evidence or other grounds.

The Human Rights Act came into force in October 2000 and implements in the law of the United Kingdom the principles enshrined in the European Convention on Human Rights. It consists of three main innovations: first, it explicitly prohibits a state agent or public official from violating the rights enshrined in the ECHR.

The proponent’s stand on this issue is also included. Keywords: Exclusionary rule, searches, seizures Rationale and purpose of Exclusionary Rule Exclusionary Rule prevents the use of gathered evidences that are illegally seized in the law enforcement because of not observing the right of suspect to be free from unreasonable searches and seizures which is subject of the Fourth Amendment (Del Carmen, 2009, p.

The relationship between the police and the community is also vital in restoring sanity as far as criminal activities and security measures are concerned (Roh &Willard, 2005, p. 681). The virtual community is an integral part of the initiative because it not only enhances community policing but also addresses the needs of community members.

The main difference between the juvenile and adult court system is that the adult court system focuses on avoidance and justice as the underlying principle for prosecuting offenders whereas the juvenile system is committed to rehabilitating delinquent youths into upstanding citizens with good morals.

Dr. DoRight has to deal with stakeholders, people with interest, on the services and performance of the hospital, in the daily hospital management. The internal stakeholders that Dr. DoRight may have to deal with on daily basis include those people situated inside the hospital and whose actions affect the running of the hospital.

Within the ambit of a globalizing world, there have been several instances when nation-states, whether collectively or individually, whether by agreement or otherwise, have stepped in to resolve issues of rampant human rights abuses in tyrannical dictatorships and also in instances of racial genocides.

It can also be the absence of certain types of relationships among people creating a state of disunity and disharmony. As a result, of the widespread occurrence of social disorganization, this paper seeks to highlight the issues surrounding it especially in relation to organized crime and corrupt, political machines.

This behavior is attributed to illegal migration and increasing demand for trade in human beings. Further, increase in poverty has immensely contributed to this heinous crime in that people risk everything by leaving their families and nations in search of better lives (Film Media Group, 2006).

Public servants can be sued in the courts of law for giving wrongful information and causing suffering and distress to their clients. However, they receive protection from the law when carrying out constitutional duties such as protecting the children. Providing better health and safety services to the children requires all stakeholders to work together according to the laid down policies.

Corporations Act 2001, informally known as Corps Act establishes the law for the purpose of governing business activities effectively in Australia at both interstate and federal levels. The focus of this law primarily lies on the companies, but still, it has coverage over various other business entities like partnerships and other schemes involving investment.

The ‘European Court of Justice has created certain guidelines for those members of the community who are disobeying the EU law. Contextually, state liability emerges from the aspect that the EU Member States that are bound by the treaties are accountable for the development regarding the execution as well as enforcement of European Union law.

The fact remains, in an era where a litany of other government programs have been cut to the bone, workers reduced, and services drastically cut, the Department of Homeland Security still operates in what can be considered a type of budgetary bubble; seemingly inoculated against the budgetary crisis taking place around it (Jones, 2004). One need look no further than the seemingly ever increasing nature of the annual budgets within which DHS must manage its mandates to see evidence of this.

The law of maritime claims has been promoted along different routes in civil law administration. Vessels are recognized as objects of security rights in all nations. Despite this and the fact that maritime claims are of profound commercial significance, there is a high degree of international uncertainty in the subject of maritime claims and mortgages.

In the United States, some suspects have been detained to prevent them from carrying out their terrorist activities and this raises questions as to whether they should be tried in federal courts or military tribunals. Given the complexity of international terrorism, the government should take a multifaceted approach to deal with terrorism threats.

Murders involving the use of rifles in the USA are numerous on a yearly basis and have witnessed the assassinations of high-profile personalities from concealed locations.All gun- related deaths in the United States through suicides account for two-thirds. It is estimated that more than 31,000 people in the USA die yearly from gunshot wounds.

It is the duty and the responsibility of the government to protect people’s innovations and creativity. To achieve this objective, the government employs various legislations that are meant to protect these rights. In the United States, these legislations are covered in trademark federal patents, and copyrights.

The Castle doctrine laws have been in existence for thousand s of years and are still applied in some places to this day. The United States is an example of a nation that supported the statute, until recently when the move to abolish it came up. This paper gives a description of the Castle Doctrine, its origin, and the conditions in the statute.

Copyrights in England are administered under the Copyright, Designs and Patents Act whereby section 1(1) describes copyright as a property right that subsists in accordance with the relevant part of the Act. The description of the work may be original mythical, musical, and much more; it may include a typographical arrangement of printed copies.

The possibilities of operating or conducting business in the international market and around the world have increased tremendously for businesses, especially those trading with the United States. Similarly, at the same time and in the same conditions of conducting business in the international market, there exist serious obstacles which include bribery and corruption in relation to transactions in international businesses.

Trial by a jury has for an extended period been recognized as the foundation of freedom and justice. Jurors are a critical part of the justice system and the right to trial by jury is guaranteed in the Sixth and Seventh Amendments of the U.S. constitution. The power of jury nullification predates the Constitution and avails a system of checks and balances, as the people’s last safeguard against unjust law and tyranny.

By asking whether the aliens “… know they weren't in Mexico anymore?", (Boyle 286), the author literally paints a bleak eventuality that could dawn on them in the hands of the white harsh locals (286-287). Their likely exposure would work against them, leaving them with no any other option other than working under poor conditions or facing unceremonious repatriation back to Mexico.

Though the proof the eyewitness presents can be supportive in mounting leads, spotting criminals, and acquit the not guilty, this proof is not flawless. Even candid and well-intentioned witnesses can create mistake, such as naming the wrong individual or failing to recognize the executor of a crime.

Another proposal by the law commission is that inherited homes or those acquired before marriage should not be subject to sharing the properties during a divorce case (Martin, 2012). This is because these homes or properties were not acquired by the couple during their marriage and cannot, therefore, be part of the property sharing process.

Several critical elements of the law are taken into consideration when dealing with the issues of test of proximity with regard to negligent misstatement. The issues include the person giving the information ought to be aware that persons will rely on the information. The person making statements acts or fails to act in a given manner.

  Generally, managerial accountability is the same, however, due to two things – either manager are not accountable to shareholders, because there basically aren’t any shareholders, as is the case in developing countries; or managers are not accountable to shareholders because of shareholder apathy.

The discussion seeks to answer the question: Have international treaties such as UNCLOS and MARPOL, region conventions such as OSPAR, applicable EU Directives and UK national legislation led to “over-regulation” and possibly confusion (at both government/operator levels) in environmental protection, control and monitoring in the UK offshore oil and gas industry?