Law Essays

Generally, a partnership is a relationship that exists between two or more persons carrying on a business in common with a view of making a profit. A partnership is deemed to be in existence where there is joint tenancy in common, common property, or part ownership and sharing of profit from the business.

Relative rules and regulations play an imperative role in preventing incidences of confusion and contradictions that can have far-reaching implications on the holistic well-being of society. Just like in other facets of society, medical imaging has established distinctive rules and regulations that guide the behaviour of the practitioners.

Abortion Rights – American Legal System. The American legal system is layered in to several parts, the most as compared to any other developed nations in this world. Every day, courts throughout the United States of America, render a decision that influence and affects the lives of thousands of people across the territory of the United States.

In the United Kingdom, it is not compulsory for a public limited company to offer shares to the public. This means that some public companies have private ownership. Forming a public company requires that there be a minimum of two directors. The company’s directors should meet the legal obligations and requirements as set by the law.

Was it out of fear that Mrs. Smith reneged on her admission or was it part of the BatteredWifeSyndrome, stage 2 of guilt, or the Power and Control Wheel? (BWS, Power&Control) The husband makes light of the abuse and puts her down for being concerned or does Mrs. Smith feel guilty about causing pain to her family or about her being the cause of her family splitting apart?

There is great popularity of such law reforms in most of the countries, however, they have been extensively criticised too. Main constituents of British Administrative Law are Ombudsmen, Tribunals, Judicial review and Freedom of Information.

As the decision of the highest court of the state, the judgment should be respected. Business organizations should keep in mind the consequences of using tactics to avoid taxes. Nevertheless, the organizations should take legal help in similar circumstances and should not be conclusive of their outcome in situations similar to this case.

The Constitution, penned over a span of many years and approved of on September 17, 1787, consists of numerous articles, clauses, and amendments that help to define the relationship that exists between the government, the states, and every citizen of the United States.

An interesting evaluation of the courts which is relevant to the facts of our case wherein a UK national who had been residing in the UK but was involved in the provision of services to clients who were in other member states argued that his wife is allowed in the UK. It was an internal situation and outside Community law.

The current UK Corporate Governance Code seems to be an excellent framework for corporate governance practices as its ‘comply or explain’ approach may maintain flexibility and pragmatism. Therefore, the board of directors and concerned officials must ensure that the framed corporate governance standards are adequately met.

Recent reforms in sentencing guidelines. There have been a number of reforms in sentencing policies within the recent years, with policies being enacted in at least 22 different states within the United States. The reforms have focused on expanding the treatment options to drug offenders, diverting them to other programs instead of incarceration.

Biological factors must be looked upon as providing a partial explanation of criminal behavior, in very limited circumstances. Assigning criminal aggression to biological factors ignores the fact that crime is intentional and not physiological. Just as criminals choose crime as an outlet for aggression, athletes choose sport as an outlet.

It has the power to nullify the effect of the law if it goes beyond the boundaries and parameters set forth to enact laws. The Courts have to keep an eye on the way the legislation is passing laws since it keeps checks and balances on the laws which are enacted in the Parliament, and the authority to decide on that is solely with the Judiciary. 

This landmark decision nullified any state law that prohibited or limited a doctor’s ability to perform an abortion and for a woman to have the procedure during the first trimester (three months) of a pregnancy (“Hoffer, 2011”). Although the case was controversial then and remains so today, the Court’s decision was accurate from a constitutional perspective.

The intention of the process was to improve crime reduction through increasing accountability throughout the system. Admittedly, this system is in use in many cities. In order to understand how Lowell introduced this organizational change and how it worked out, the article ‘COMPSTAT and organizational change in the Lowell Police Department: Challenges and opportunities’ by James J.

That means an individual who in this case is an employee or a student of the University of Sussex is, owed a duty of care by the University in ensuring that he does not suffer any unreasonable harm or loss. When this duty is breached a lawful act can be taken to compensate the casualty.

A business name is a name that identifies a company or a business. The legal registration application can sometimes be different from the trade name. Trade name infringement is a violation of exclusive rights which belong to a registered company or organization. This violation is a critical offense to owners of businesses.

Marijuana is often the drug of choice for those experimenting with illicit substances for the first time. It is common in parties at universities (Gledhill-Hoyt, 2000: 1655), is associated with free love and the peace movement of the 60s and 70s, is believed to induce creativity and art, and there are even some countries in the world, such as Holland, that allow its regulated use.

The centuries-old dialectic between sovereignty and human rights appeared to undertake a fundamental re-alignment when the General Assembly recognized the new concept of "responsibility to protect" at the 2005 UN Summit. In paragraphs 138 and 139 of the Outcome Document of the Summit, the Assembly endorsed the principle of sovereignty.

An Ombudsman scheme is a service that helps look into complaints lodged against an organization. By using this scheme, an individual tries to resolve disputes without necessarily having to go to court. Ombudsmen are generally categorized into two: public sector Ombudsman and private sector Ombudsman.

To the Mental Capacity Act (the Act) 2005 “any act done or decision made on behalf of an adult lacking capacity must be in their best interests”. Such life aspects as financial, health, and social care issues can be resolved from the perspective of the best interests of people with mental disabilities. Mental Capacity Act (1983) is another legal authority.

Other than difficulties in reuniting with their families, they also find it difficult to secure decent jobs. This stigmatization makes them vulnerable to recidivating. Therefore, there should be changes in government policies to offer the necessary support to such persons.

The County jail in Ashville does not house any women inmates, having them housed in the facility that was established in the Pell city. The Jail facility in Ashville employs 8 full time jailers, 6 part time jailers and 4 casual jailers. The medical needs of inmates are addressed by a nurse contracted on a daily basis and a physician contracted on a weekly basis (Jenks, 1997).

It is for the prosecution to prove the defendant’s guilt beyond a reasonable doubt subject to statutory exceptions and the insanity defense. The rule is therefore reflective of the presumption of innocence as provided for in Article 6 of the European Convention on Human Rights (ECHR). The list of statutory exceptions has increased significantly.

Torts or wrongful acts may be committed by individuals or businesses. An example of tort law is the law of negligence. ( Civil Law in Canada {Torts}) A person may carelessly bump into another causing him/her to fall, sustaining injuries. A business may commit a tort by manufacturing a product not fit for its’ intended purpose, or failing to keep its premises as safe as possible for the visiting public.

United Kingdom Reforms The act is relevant to contracts where ownership of goods transferred or agreed to be transferred has been paid. The queen enacted the 1995 Act after consent from the House of Commons, to fill gaping loopholes in the Sales of Goods Act 1979, which failed to protect buyers in a situation where a supplier was bankrupt.

It is no doubt that Europe has made remarkable progress towards integration. For over the years now, the European Union (EU) has witnessed increasing economic cooperation which has transformed into one of the biggest entities in the world, thus calling for closer cooperation and intensive integration.

Information is shown concerning procedures associated with the AIT machine and pat-downs. Laws and cases concerning airline search and seizure procedures are covered in U. S. v. Davis of 1973 as well as the 1986 upholding case.  Feedback and opposition to the security laws and the conclusion raise the question of security vs freedom in airport security and does it infringe on the 4th amendment.

I have to admit that I am glad to stand here, and commence this session at a high note. It is the efforts of the students and staff in the past sessions that have made the school gain recognition worldwide, taking a rank of 22nd best by the world reports.

Given family law, it is difficult for the couple with a dispute to act independently without feeling coerced by the courts. Effectively, the mediation process becomes more of an activity to satisfy the authorities and not a means of resolving the conflict. The process ends up undermining the essence of actual mediation in resolving disputes.

The disabled customers complained that they were not being considered by the malls. They emphasized that the various specifications and modifications required to make shopping as normal as possible for the disabled were not put in place. The plaintiffs complained that their parking spaces were built on unsuitable locations.

Companies around the world attempt to attract funds from investors to expand and develop their activities. Before investors decide to invest their money in any investment company, they seek to ensure that the financial situation of the company is secure and reliable. They need to have confidence that the company will be properly managed.

Because of the stake they hold in a firm, they have a right to monitor its working and ensure that their interests are not compromised. To enable this influence, the shareholders are empowered to vote in the shareholder meetings for certain actions which the company proposes to take or has taken (Reference for Business 2012).

Solyndra was founded in 2005 by Dr. Christian Gronet and had its headquarters in Fremont, California. The company manufactured cylindrical panels of CIGS (copper-indium-gallium-diselenide) based thin-film solar cells which, as it was believed, represented a superior technology having certain advantages over conventionally produced solar cells.

Oil exploration is luring a number of foreigners into the island; thus, affecting the homogeny of the island. The people entering the island are after exploiting the discovered oil resources. Consequently, diversity is taking a toll on the island of Tagg by infusing cultures from diverse backgrounds.

The legislature performs roles that concerns constitutional amendments for the purpose of regulating laws that are undesirable, vague or harsh. The legislative branch ensures the making of laws concerning taxation. It ensures that the national finances are in control via the monitoring of government borrowings plus appropriations.

The author states that there are three interlocking models that constitute the theory. These are the structural model, the functional model, and the change model. Through a structural model, a lifestyle is defined operationally along with its features. It also explains how the lifestyle fits into a larger system of classification.

These cases help understand the border line that the policing system should not cross and the remedies of the mal practices of the police officials. 3. K. D. Ewing, Bonfire of the liberties: New Labour, human rights, and the rule of law (1st, Oxford University press, Oxford 2010) 4.

Capital punishment is also referred to as the death penalty. It is a judicial decree that requires capital offenders be sentenced to death (Goldman and Ann, 321). It is normally done in diverse ways, which include hanging, lethal injection, electrocuting, gas chamber suffocation, electric chair or shooting among others.

For the researcher, a negative aspect of public access is that the information may not be as accurate or some information may not be current. Depending on the type of data the researcher needs, there is also the matter of fees as mentioned earlier. The more data the researcher needs, the more costly a people search report is.

The judges noted that while schools have the right to institute rules regarding hairstyle, violence, or upsetting action, the case before the court did not manifest any of the stated issues. There was a deficiency of evidence indicating petitioners’ interference with the schools’ operation or of conflict with the rights of other students.

Since mentally ill offenders are categorized as ‘level one’ offenders, such offenders get the eligibility to be released early. Admittedly, the rising number of mentally ill offenders in society and in correction centers is a matter of serious concern as keeping them involves huge expenditure due to the unpredictable nature of their crimes.

The best illustration is disintegration of Yugoslavia where self-serving extremists played a major role in ethnic cleansing where millions of minority civilians were massacred. The International Court of Justice found that the proclamation of autonomy by Kosovo which was declared on 17 February 2008 did not infringe any international law.

With respect to the diplomat’s son Rocky, the court agrees that plaintiff’s argument that the maxim par in parem non-habet jurisdiction (no state has jurisdiction over another) applies. Article 41 of the 1963 Vienna Convention makes it clear that diplomats and their families cannot be arrested or detained pending a trial.

The second principle states that the construction Act of 1996 will only be applicable to the only contract that is related to construction. The main standards applied here is that the contract work should be associated with structures, installation, and buildings which are part of the land through the Act does not cover fittings and moveable structures.

The writer underlines that a century later it is difficult to imagine the conditions which resulted in the strike in 1919, which was a last ditch attempt by Boston policemen to right what they saw as longstanding wrongs. It is stressed that one of the reasons was a fear of Americans of collective bargaining after rising communism in Russia.

Efficiently confronting the drug problem involves both preventing the issue from arising through drug eradication and military involvement, as well as by providing remedial solution to the problem through different methods of treatment. A study on drug trade shows the role played by colonization in the growth of international opium and cocaine trades and the essay analyzes this. Furthermore, an analysis of the ways in which conflict and wars play an important role in establishing a drug market have also been discussed.

A refusal to distinguish a lease from a license comes with so much trouble for tenants and landlords in the resolution of common land litigation issues. In answering this question, a number of premises are given to clearly distinguish a lease from a license by explaining that a lease leads itself up to an exclusive possession that makes the occupant of the property a tenant.

In this paper, focus would be on biological causes of crime which the Ministry of Justice, New Zealand (2009) justify by citing the physical body as the cause of crime through inherited genes, brain structures, evolutionary factors or hormonal action. Of specific concern in this paper will be to link biochemical conditions and also brain activity to crime.

Prerogative powers are the honors and authorities that inherently accrue to the Crown in its right as provided by the common law, the exercise of prerogative powers may develop when it takes actions outside the framework or provisions of the law, not necessarily, breaking them but acting in a manner not provided by the law.