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The paper tells that not wearing personal protection equipment, overspeeding, and not having the vehicles in perfect condition are three potential examples of the three types of traffic violations respectively. Keeping safe and ensuring others’ safety is the foremost requirement of driving that every individual must fulfill in order to enhance personal as well as others’ driving experience.
The legal profession certainly requires people who can reflect knowledgeably. The reflective practitioner must be able to utilize intuition, ideas, and careful thoughts in their practice. The reflection process enhances the legal professionals in handling certain issues that may not be handled through the normal daily way of work life.
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The author explains that voluntary assumption of liability is generally not applicable in many ways: firstly, the legal confines within which a binding contract lives are not as elaborate in the Doctrine of Consideration under English law. The government may be keeping these confines as narrow as possible to avoid cases of conflict.
A judicial precedence is a form of law that arises in the sense that present judges are bound to follow the decisions of past judges in the decision of cases. Statutory interpretation on the other hand is the method by which judges or magistrates interpret and apply the current legislation or acts of parliament commonly known as statutes.
It has been noted that in history that it was possible to consider the United Kingdom state as a unitary set of institutions that were headed by ministers who were accountable to the Parliament. However in a modern context, in a state fragmented by devolution, the creation of new regulatory authorities and private provision of public services, the law must play a greater role than politics in holding the state to account.
Camira ought not to suffer over-extension of the commands of obedience to the rulings of the highest courts. Both from a viewpoint of orthodox precedential doctrine and from the perspective of functional participation in legal renewal, it is simply impossible to leave all re-expressions of judge-made law to a final court.
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Some are of the view that a minimum age of 21 years is appropriate since most gambling areas sell alcohol and only those of 21 years and above can be sold alcohol. This has been the view of many and is the case in the United States of America (USA), where most casinos have set the minimum age at 21 years.
The government also has a responsibility to ensure that citizens in the country receive a fair trial and their rights are protected. The courts need to ensure that only in deserving cases where the revelation of any information can be a serious hazard to national security, the recourse of closed hearing is resorted to.
The first observation was that The Malden court is free to enter, and individuals are not restricted entry to the court (Malden, n.p.). Therefore, the court gives people an opportunity to study, learn and listen to the law applicable in different cases, thus offering a perfect opportunity for students of law to get a firsthand experience on the application of different laws in real life cases.
Personal property includes substances that can move, such as cars, money, clothes, and any immovable items such as jewelry. Real property law deals with immovable items and this includes houses and land (Brake, 2012). The laws that guide the operations of real property are the 1925 Law of property act.
Somerville is an area with many people of diverse cultures. Over 77,000 people who migrated in from various countries such as Brazil and El Salvador occupy the area. The community is friendly, and the people are sociable in terms of livelihood and working.
Freedom of expression is a constitutional right as provided by the First Amendment of the US Constitution. The extent of this right has, however, been open to discussion for a long period of time, owing to questions of violations or abuse of this provision. Freedom of expression not only encompasses the rights to freedom of speech and freedom of the press, but also the right to assemble as well as to appeal to the government.
Terminal illness or disease is a medical term that found its popularity in the 20th century. Terminal illness is regarded as a disease that cannot be cured; therefore, patients suffering such diseases are bound to die specifically within a very short period (Keown, 2002; Pg. 45). The common diseases that often lead to terminal illness include cancer and certain advanced heart diseases among others.
Obscenity in courts authored by Lockhart and McClure in 1955 is a treatise on the trajectory of treatment of obscenity problems by the judiciary. Starting from the Hicklin test of an English decision applied in the 1800s, the American courts formulated their standard which also changed as times changed. Rev Murray John Courtney was a theologian.
A man who talked about child cannibalism online was recently charged with enticing a young, 15-year-old boy for a sexual encounter (Solis, 2012). The man, Robert Mucha of Newton, New Jersey, had in the past been charged with child pornography.
This is because of poor methods of collecting information and to some extent ignorance on the part of law enforcement officers. The involved parties (legal team and police) in every case end up not being able to handle both the defendants as well as eyewitnesses based on the information they have attained (Wise, Dauphinais & Safer, 2007).
Ethics, which are also referred to as moral philosophy, involve the study of what is right and wrong, and how society is supposed to live. It involves making moral judgments by deciding what is right or wrong, good or bad. It, therefore, means that ethics exclusively address the logical and reasoned ways of interpretation of the issues that we engage with during all activities in life.
Tort liability is a situation where a person is lawfully held responsible for a casualty due to a civil mistake. It occurs where the party breaches the rights of the party and contraventions of the communal duty hence causing injury to other persons. The case is charged in the court to establish the liable party and assess the damages the wrongdoer is supposed to pay to the wronged party.
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They came with different opinions on criminal recidivism as experts suggest psychotic disorders or mental health as their main reasons (Scott, 2010, p 3). Others put emphasis on poverty, poor education and disparities as their main reason for recidivism (Clear, Resig & Cole 2010, p 2).
The judiciary still undergoes evolution and changes to meet the needs of the society. It is widely considered most independent and the best in the world, despite its oddities. The judicial system for Anglo-Saxons was a combination of royal and local government even after had invaded in 1066.
Nick Leeson: An Exploration into Individual/Systemic Fraud. Oftentimes, one of the best means of seeking to appreciate and understand the existing constraints that are evidenced within the law is by seeking to understand situations that were key in helping legislators and stakeholders to further define these laws.
Summary dismissal in essence is a kind of dismissal that is instant due to gross misconduct and in many cases it takes effect immediately. There is no notice to termination of contract and the employer has the upper hand over the employee.However, the law is not quite clear as to what offenses constitute grounds for summary dismissal and therefore it may be used as tool for settling scores1.
An arrest warrant in Michigan is typically valid for 99 years. Police do not need to request an extension if the suspect is not found and brought in within a specific timeframe. An arrest warrant can be removed if the suspect is arrested or if probable cause no longer exists.
Every bit of item, no matter how small, must be retrieved and packed away for testing in such a way that the evidence cannot be contaminated prior to testing. Of all the available evidences in the area, the most common evidence collected are hair fibers, blood stains, and firearms evidence.
Psychosis is widely associated with two main symptoms which are hallucinations and delusions. In hallucinations people tend to hear, see and even in some cases smell things which are non-existent. Delusion on the other hand, is conditions where people believe things that when examined in rational manners are evidently false, for instance believing that your doctor is secretly planning to inject you with a kill substance.
Being well aware of the perils of the sea and the risks it poses to oceangoing vessels bearing valuable cargo, the development of marine insurance against losses due to oceanic misadventures is a natural development for a country like the UK.
it is true to say that alternative dispute resolution means are on the rise worldwide. Attorneys who previously depended on litigation to the source clients are now turning to other means and are present in these alternative dispute resolution methods. Litigation is not bad; however, it should be used in absolute necessity.
Citizen oversight in the United States began in the 1970s. By 2000, the citizen oversight program was active in over 100 municipalities. Citizen oversight in policing facilitates the tracking and investigation of police misconduct. Citizen oversight is a move that seeks to make police units accountable for the policies they operate under.
The drug syndicates have carried so many assassinations and are still killing people to date. The U.S.-Mexico border has made it hard to control drug trafficking between Mexico and the U.S. it is one of the longest border with millions cross over per year.
With this declaration, there has always been a heightened awareness on the security front especially in the Western nations. Even the smallest safety scares have made it to the news courtesy of a paranoia that has been created on issues relating to security. The terrorists have improved their tactics too.
The countries forming this cooperation are rich and amongst the largest exporters of gas and oil in the world. These countries share a common religious, historical and cultural background as they form part of the Arab world (Latham & Watkins, 2009). They also share common economic practices such as dependence on expatriates especially in the private sector, young and rapid growth of the local labour population, and reliance on petroleum products (Latham & Watkins, 2009).
The judicial system in England and Wales abolished the grand jury system and the magistrates have been charged with the responsibility of performing the functions of the grand jury. The doctrine of judicial precedent engages with the statutory interpretations of the law at this point. They are tasked to indict the accused of their offences.
I gained specific disciplinary knowledge in criminal justice, which helped me perform my roles as a polygraph examination professional at the Los Angeles Police Department. The education at the University helped me develop ethics and work values, which were highly applicable to criminal justice. I got exposure to relevant criminal justice literature.
Although it is oftentimes understood and believed by American historians that this particular movement of independence was somehow native and special to the American experience, the fact of the matter was that many of the influences that contributed to thought within the colonies were heavily influenced by the writings, teachings, and philosophy of a broad range of historians, Greek thinkers, and or European sociologist/political scientists.
As a function of this level of analysis the proceeding essay will determine three individuals that the EEOC investigator should attempt to speak with as well as elaborating on two questions that each of these three individuals should be asked. The first shareholder within the situation that should be interviewed is of course that of the individual making the accusation; i.e.
A contact can be defined generally as an agreement between two or more parties that is legally abiding. The rights and obligations that are created by contact are enforceable in the courts of law. In case one party breaches the contract, they are likely to face an act of damage. Alternatively, the court may direct the party who has breached the contract to a performance.
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.
The underlying principle of this charter is to create a world that is peaceful; to live in. The use of force is even condemned by human rights groups. They oppose the use of force and also want the international community to help curb the humanitarian crises in war-prone areas. The era of refraining from the use of force is over.
Introduction
New fields of excellence are being identified by the aspirants of different knowledge areas across the globe according to the changing technological standards and fluctuating demand-utility curves of every product in the market. Sometimes a product with potential market credit may be traced and copied by competitors without the authorization of the original makers.
This group also owns and operates a restaurant. This means that they have the power to make major decisions in the company, and also take part in the day to day running of the business. They are not only the decision makers, but also the financiers. The main reason why directors and shareholder make decisions of a company is because they are key stakeholders of the company, and hence must ensure that their investments in the company are utilized appropriately, and in the best way possible, which serves their interests.
Judicial precedent in the statutory interpretation follows the doctrine of ‘Stare Decisis’ which simply means that judges are bound to follow prior precedence’s which have been set by the courts of records. An appellate court should follow its own previous decisions and each lower court is bound to follow the decisions of the higher court.
There are two forms of illegality that may influence the enforceability of a contract and they include an illegal purpose and an illegal performance. In an illegal purpose, the aim of the contract is illegal and the court cannot accept it and no entity can enforce it. This is regardless of whether the entity did not recognize the contract.
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Such activities require several transactions to be made on credit basis. The receiver of credit is called the debtor, whereas the giver of credit is called the creditor. Especially in America, the general reliance of business transactions on credit has been dominant.This reliance has emphasized the need for bankruptcy laws and laws governing the dismissal of debt.
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According to the paper not only can poor operating standards expose employees to such hazards, but the sexual harassment creates discomfort in association with bullying employers, supervisors, and co workers, which may end up lowering the self esteem, sense of security, and the general job performance of an employee due to emotional stress. Due to these associated effects and need to uphold morality in workplace, the governments, labor industries, and business units have made efforts to prevent work place sexual harassment through the established laws, legislatures, and code of ethics.
It was argued that Conrad took away their money, which belonged to the shareholders. He took the firm as his own. He always dipped into the till to support life style which is lavish as the company suffered debts. It is argued that he had private deals involving selling the company’s assets for his personal benefits.
Basically, the Medicare Program has been able to adopt a proper environment and effective integrations which have been aimed at the provision of the best health care services through the influence and support of the stakeholders and other players. This has been done in a very competent manner in order to come up with better performances.
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The hospitality industry is considered one of the few industries whose success relies most heavily upon its human capital (Casson, 2013). According to Casson (2013), "finding the right people for the right task, building their skills, and making sure they choose to stay after they’ve attained a certain level of competency are challenges that are inherent within this business."
In the constitution of the United States, the Eighth Amendment deters the federal government from imposing cruel and unusual punishment for federal crimes. The states cannot institute such a punishment because of the due process clause of the Fourteenth Amendment, and most states are against such punishments.
The defendant must be informed by the government with notice of the accusation. The criminal has guarantees to look for evidence against himself, and to have an attorney for his defense”. (Aschulert, 1994) There are six rights given to an accused person on the sixth amendment, which are discussed in the paper.
The Exclusionary Rule is a remedy available to a defendant in a criminal case to protect them against the police officers violating his constitutional rights during their searches. This rule dictates that if a person obtains evidence illegally, the court will exclude it as valid evidence under the Fourth Amendment.