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The primary legal issue revolves around the doctrine of equity in business dealings1. The plaintiff capitalized on the recourse to fairness for an appropriate remedy when the accused party in default, Royal Brunei Airlines, became insolvent2. The plaintiff aimed to achieve relief from a party who had a hand in the contract - Mr Tan3.
The country’s success and failures are heavily dependent on its role. Its responsibilities are multidimensional. Tactical intelligence is vital in terms of planning and conducting domestic military operations in the grey areas.
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In the earlier days, female correctional officers were not allowed to get in touch with male inmates. For many decades, correctional officers who were females were not given promotion because there was the denial of same access to employment opportunities and responsibilities as that of the male counterparts.
The final step of public policy development is the evaluation stage whereby the outcomes of the policy are measured against the expectations of the public. Since the law is geared at controlling gun-related violence and deaths, the evaluation process will review the changes in gun-related violence over a certain duration of time.
Drug abuse in the United Kingdom poses a great health risk to prisoners and a high likelihood of developing lifestyle diseases or even committing suicide. The prison authorities have developed strategies of curbing drug abuse in the prisons and eliminating the dependency on drugs in order to minimize repeat offenses.
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.
The courts must be careful in ensuring the dispensation of justice for fairness and the provision of law. The presentation of cases with unique characteristics that may not allow the application of the doctrine of judicial precedence has also made the legislature ensure that the laws are tailored to meet the current circumstances.
Actually, the kind of leadership style in Australia is determined by the culture and nay adjustment done must be in relation to their community culture. This gives employees or servants privilege of attending or adhering to some of their cultures and traditions (United States Naval Academy, 2000).
These are that the planet will be spared by the technology and all of the detrimental things can be settled with extended interest of industrial progress, any dissatisfaction or disinterest with societal issues will be settled by the economic prosperity and growth and that the political agents in office have been elected for the gain of the people as well as their countries and therefore finally these democratically elected individuals have the capacity to deal policies that impact the whole society collectively.1 The New Environmental Paradigm or the NEP on the contrary, inclines toward an entirely different system constituting of the natural geographical landscapes as well as their inhabit
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The United States federal government has set up control legislations and laws to strengthen and enforce the prohibition against the importation, ownership, transportation and use of automatic or semi-automatic assault rifles/weapons (Gaines & Kappeler, 2011). Assault rifles are semi-automatic and designed with military features.
In comparison to the larger company of Kings plc as an entity, the welfare of the directors has been promoted instead of the welfare of the company. In accordance with the above, a court of competent jurisdiction may involve remedies prescribed insect 2 of company directors disqualification act 1986 to sanction the directors to a maximum period of 15 years of disqualification.
Further, one can also become a resident after being in Australia for more than half of the income year and if he/she is an overseas student who enrols to study a course lasting for more than six months. 1. An Indian IT consultant who accepts a four month contract of employment in Australia between January 2013 and April 2013 and a further two month contract in June and July 2013 and returns to India.
For instance, let us assume we are talking of a jungle/ environment rich in natural minerals such as oil, gold fluorspar etc. First, I need to understand to what extent are these minerals distributed in this jungle and how large is this jungle in terms of size because we can be talking of a jungle of more than 100000 square kilometers which cannot support human settlement due to its exploitation activities and/or the environmental risks that turn people away from settling in this jungle; this rules out the population size of 5000 people in our question.
Police misconduct is a moral decadency that has found itself in the police officers' departments. These are vices that should be dealt with accordingly from both a moral perspective and a legal perspective. Most of these cases of police misconduct are due to the educational level of the police and due to the personality of others.
Property licensing under English law protects the legal rights of the owners and creators in reference to intellectual creativity. Intellectual property rights (IPR) include the protection of several works of the owners including scientific, industrial, artistic, or literary. This can be in the form of software, inventions, or even manuscripts.
A reason why there is this discrimination is the overall psychology of the community that women cannot be better than men. It is why whenever there is a need to cut costs or downsize, the women are sacrificed first. They are first to be paid lower or laid off. In a capitalistic society, everyone has to compete for their share in the economy.
The letter of acceptance from the bank was delivered to Dr. Jones. It was held that the Postal Rule was inapplicable because the acceptance letter from the bank was incorrectly addressed. This case is perfectly applicable in the case of William and Joan, in which Joan incorrectly addressed her letter of acceptance of William’s offer.
The three basic elements key in the formation of a contract includes the consideration, agreement between the transacting parties, and the consideration for the contractual work. Ideally, the contracting parties must have entered into an agreement which happens when one party makes an offer and the other party accepts such an offer.
Police corruption refers to any unlawful conduct by police officers which involves the use of professional authority for individual, group, or organizational benefit. The postulation that police corruption is immoral or an issue of contention is often not paid attention to in many a debate. This can be attributed to the fact that the word ‘corruption’ is not actually neutral.
A contract is an agreement between two parties in which each party exchanges consideration in return for consideration from the other party. Since Australian Law is in sync with English Law, a contract can only be valid if each of the two parties gives a thing of value and also receives a thing of value through the agreement.
According to the research findings, the Court uses every possibility to save a convicted person from execution. Recently, the Supreme Court halted the execution of Cleve Foster, convicted of 2002 rape and murder. And it was for the third time his execution had stayed. This case also strengthens the assumption that the Court tends to completely abolish death penalty someday.
The death penalty has been a controversial issue in the international community. Many nations have been disturbed and argued about the best way it can be handled. This has made a generation of questions on how best the capital offenders can be punished in order to have justice for both the offenders and victims of the circumstances.
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This essay discusses that like every other department, the administration and management of the police department is the most important part as all the other divisions of the department are controlled by it and are ultimately dependent upon it for the shaping up the strategies and methods of their implementation.
In accordance with Cranston (2000) misrepresentation in regard to the quality of the products/ services ordered can lead to the civil and criminal liability of the retailer involved (Atari Corp (UK) Ltd v Electronics Boutique Stores (UK) [1997], Bence Graphics International Ltd v Fasson UK Ltd [1996]).
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It is evident from the study that the scandal happened because of the inefficient and unethical practices of the Enron’s top management particularly its accounting department in liaison with the consultant accounting firm, under the ‘mute’ supervision of its CEO. This mistake led to the entire company collapsing and unfortunately affecting the employees and other stakeholders.
Terrorism is a violent act is defined as a politically premeditated violence done against noncombatant targeting subnational groups of clandestine agents. Anti-terror experts refer terrorist groups as an organization with subgroups that threatens public safety and national security in a country.
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Now in classical concessions, the oil companies have significant power in expropriating the petroleum resources. Various risks which can arise are described and ways to tackle them are also mentioned including maritime boundaries and compliance with norms of UNCLOS for the purpose of achieving an equitable solution.
Mutual relational consent from the individual to the country explains “nationality”. How can nationality exist without a state and a subject? A state offers legal protection and expects the individual to give back by committing to state obligations. Through this, the state poses jurisdictions to the subject while he/she is accorded protection.
Digital technology developers make peer-to-peer networks,which enable people to obtain the same works without paying.Acquiring the works with this method is similar to stealing,as per copyright law,hence it is must to reaffirm,and even extend,copyright law to criminalise the use of networkers who copy others’ work.
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Today, crime rates have soared in both index and property crimes resulting from poverty, drug addiction and social pressures. The public wants their local government officials to exert all efforts to protect them and make their neighborhoods safe from these criminals.
When all is said and done, the current criminal justice system is about as fair and effective as we can reasonably expect". Comment on this with reference to strengths and/or weaknesses of the Australian Criminal Justice System.
The effectiveness of the Australian criminal justice system has been a debatable issue to or not to fulfill the reasonable aspirations of the people from it.
This is why the role of different parties participating during the trial is also of great significance. Given that a judge is the one to announce the final decision regarding the case, one should bear it in mind that a judge cannot keep an offender in jail longer than prescribed in the local and federal laws.
The past few decades witnessed the world’s rapid move toward globalization and trade liberalization. As traders realized the importance of economic integration, the concept of the market became rather broader in a way that removes the business barriers of national borders. Progressively, the global markets recognized the need for change in the modes of transport as well.
The author states that courts in England have not yet prepared to prescribe exactly what can be regarded as fraud. It is to be noted that the Serious Fraud Office (SFO) which was formed on the recommendation of the Roskill Report in 1984 had not taken into account the offense of fraud but recognized on an evocative manner.
Although America’s correctional system provides a number of considerable benefits to the society, there also exist some key issues, which need to be dealt in order to make the system more effective and beneficial for the society. Overcrowding Overcrowding is one of those issues, which is affecting the overall performance of the American correctional system.
A Correlation Analysis of the Effect of Unemployment on Rape Research question/hypotheses Research Question: Is there a relationship between rape and unemployment? Null Hypothesis: There is no statistically significant relationship between the rates of rape and unemployment.
Selections of some peer studied articles were included to support some assertions on genetic domination. Books were also used as other sources of information. The strength and weaknesses of genetic claims were likewise discussed in which some examples are given. Personal opinion as to whether the police department would consider genetic findings as important is incorporated.
The buyer, for instance, may choose to reject the goods or entirely terminate the contract if there is a sufficient breach of the terms agreed upon in the contract. This may range from failure on the part of the seller to deliver the right quality agreed upon by the parties to the delivery of incorrect quantities and quality in poor time.
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In addition, the paper will analyze various controversies that surround the issue of stem-cell research and analyze the merits and demerits of stem-cell research. The paper will conclude with an elaborate conclusion bearing personal view with regard to the stem-cell research.
This sentiment is in line with Penny Darbyshire's description of the jury system as an anti-democratic body (mentioned earlier) and agrees with Lord Justice Auld’s sentiments where he opined that this power of jury nullification was “more than illogicality” and a direct offence to present legal system in the UK.
It revolves around the debates among the constitutional representative government and cannot be viewed as a “question of law”. The process which involves a complex series of steps and procedures, is a remedy for the political bodies by which they express their intolerance towards the President or other civil officers, for disregard to their duty, misconduct or breaching some kind of public trust, without any intervention from the judicial or presidential entity and exercise the authority of removal of that officer from the public trust position.
The issues of public safety and children’s health preservation are taken into account in terms of these regulations after 90s till nowadays. With respect to the role public concerns play in the modern context of outdoor businesses, recent developments in the UK legal system are correlated with tort law principles and regulations.
It is essential to state that “localism” as a way of life means that the value of local initiatives and small-scale activities, spearheaded by proponents in the immediate community, are emphasized in lieu of the conventional trend to rely more on large-scale activities planned on a national or global scale.
Since 1945 the growth of international foreign investment has been improved slightly until it reached a peak in the 1990s. This development of international foreign investment was tied with a number of bilateral investment treaties (BITs), which grew from 500 in 1999 to 2000 in the year 2000. In addition, some multilateral investment treaties (MITs) were created in order to introduce flow to the international economy.
The focus from punishment has shifted towards treatment and rehabilitation so that the offender gets cured of the problem as much as possible. Deinstitutionalization has become possible due to the law framing and efforts of the courts. Some courts are taking radical steps by setting targets or by making some firm aims and standing by them.
Harmonization is making regulatory requirements or government policies of different jurisdictions identical or at least similar. Research illustrates that harmonization does not entail the adoption of a single set of rules, but instead implies a wide range of ways in which differences in legal concepts in different jurisdictions are accommodated.
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Crime is a big headache in the entire human sphere. Criminal elements in human society are a universal complication. Criminal activities are most apparent in poor societies where occupation activities are limited. The variation in the level of criminal activities between different societies depends on the sanction put in place for offenders.
Ironically, one of the intellectual creations of Sir Tim Berners-Lee while working at CERN challenged the very grounds upon which the intellectual property law now stands. The creation of World Wide Web gave way to the creation of Internet that not only figuratively but literally changed the way intellectual property can be copied, exploited, commercially used, misrepresented, stolen, misappropriated and infringed.
The case OOO et al v. Commissioner of Metropolitan Police of 2011, is a case involving the infringement of human rights. Based on the case, the Queen’s division held that a violation of the basic human rights of the claimants had been committed. The claimants included four Nigerian ladies. The conclusions were reached on the basis of the provisions of articles 3 and 4 of the ECHR.
Law was greatly required for the sake of cooperation and development in the market. This growth has led to rising demand for the legal system to work together as well as the need for harmonization. Note that an increase in trade is not the main reason why there should be a legal system taking care of activities in the market.