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In the paradigm case, possession of a controlled substance is one of the crimes that Jones has been previously charged with. As to whether this crime is a misdemeanor or felony remains a subject of discussion. From the facts of the case, it is clear that Jones neither has physical control nor dominion over a controlled substance.
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The author states that the employment Act of the United States ensures that the employer would appreciate the health of his/her employees for increased productivity and national economy development. The government appreciates the fact that the nation can only be built by healthy citizens. The government is strict on expectant employees.
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The author states that the need for reform on the English libel law has been recognized through a proposed Defamation Bill seeking to do away with the “chilling effect” on the right to free expression especially where threats of filing libel suits have been frequent. Clause 4 refers to the truthfulness of the imputation.
In the law or tort individuals have the duty not to cause harm to others. This means that in their actions they should do everything possible and foreseeable to ensure that they do not amount to cause real harm to others. This may fall in situations such as victim and the doer am in a relationship such that the latter cede their ability.
They believe they should not be caught and brought to justice. The role of the people at large is to understand how they can find a way through which these sexual offenders are taken to task. To begin with, it is always a good omen for society if all its inmates know exactly what is required of them and how they must manifest their truest selves.
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Reasons Why Free Trade Has a Negative Impact on a Country's Economy When the United States agreed to join the ranks of the Free Trade nations, it did so with the high hopes of being able to freely exchange intellectual copyrights,exchanging goods with other nations, lowering tariffs, lowering the cost of manufacture for in demand goods, and being able to sell these items on the open market at reasonable and affordable prices.
The tort law can be considered more effective in defending the rights of the plaintiffs as compared the Saudi law. However, it has major weaknesses such as its view on the liability of omission. It advocates for individuals to avoid duties so as not to be held responsible for any action that may accidentally result in harm.
Massachusetts Supreme Judicial Court is the uppermost appellate court in the Commonwealth of Massachusetts, hearing the limited number of appeals. This report is a culmination of a visit to the court on 1st April 2013, and it captures the workings of the courts and an analysis on its strength and weaknesses.
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The act also restricts use of funds available through library services and technology act. The restrictions are composed of internet safety policies and technology. It blocks or filters certain offensive material, content over the internet on school and library computers.
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Capital punishments are mostly used for drug-related offenses. They are also used in cases of juvenile disorders and serial killers. The killing of a single serial killer or a psychopath would certainly deter various other crimes caused by them. Capital punishments have received much publicity and it has welcomed lots of criticisms.
Capital gains tax seems to be an unfair tax overall. However, there has to be a way to manipulate this tax in a better manner. It cannot be foregone altogether because the astute taxpayers would find ways to convert their incomes to capital gains or at least represent their incomes in this way. This would allow them to avoid tax completely.
Housing inequality also increased over time due to segregation. This was a grouping of people into different classes such as the rich, the poor, disabled, and minority, racism and on a gender basis. Influential people such as politicians and the business class bought lands in urban cities and built large luxury housing.
The contention would be to create recommendations that prompt and aid policy reviews in Iraq to allow sustainability to emerge in Iraq’s and Kurdistan’s contention on oil and gas development. The emphasis of such ideas will remain fixed at legal regulatory frameworks rather than on other legal solutions.
Scenting Ltd wishes to introduce a perfume of their own under the trademark “Desir” and its smell is to be described as “spice with a touch of citrus lemon”. It is to be examined whether it is legal to use the name “Desir” and whether the olfactory description is registrable as such or by any other description.
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Environmental factors play a great role in shaping youths’ behaviours and beliefs. They include peer groups, family characteristics, gender factors, access and use of drugs, poverty and social settings among others. This paper discusses these influencing factors in four domains: family, peer group, gender, and drug use to elaborate their contribution in encouraging delinquent behaviours among the youths.
Lord Donaldson observed that the UK governance structure lacked clarity on the different roles of the executive and the legislature. At the time, the Prime Minister enjoyed excess royal privilege powers, which were outdated since they were only applicable in the monarchy where monarchs worked through commands, which affected everyone.
Rodney has been unfairly and wrongly dismissed, for which either he should raise a grievance or file for compensation. Dismissing an employee should always be the last resort of the employer, as employees fail to provide a healthy output if they are always under the threat of being dismissed without any reason whatsoever.
International investment law can be modified to help emerging markets develop strategies and policy frameworks for ensuring that FDI outflows are from investors who remain in the home state. This help can be provided in the form of a convention that establishes a model FDI outflow policy for the home state.
With readily available hacker tools that can be used by unskilled people, the police have to intervene to ensure the general public is safe from computer criminals attacks. Keywords: computer, crimes, police, hacker, attacks, tools. Case of Vasiliy Gorshkov and Alexey Ivanov Overview There have been reports of computer crimes of late in the news and the surprising realization is that children are becoming criminal masterminds online.
The life of human beings is regarded as a very precious and important asset and so it is given maximum protection in all cases of legal jurisdiction. There are several ways that the State and other international legal agencies fight to protect the lives of people. Protection is given to the lives of people through the enforcement of laws.
They give emphasis on fierce orations in court, tense altercations with King James I, and nationalistic speeches on the house of the Commons. He should also be viewed as an icon in a particular cultural setting. With his declarations that the common law was predetermined and perpetual, and of the same status with the civil law of the land, he was one of the Elizabethans who greatly contributed to the formation and growth of an English kingdom.
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.
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The broad disclosure covers even the disclosure of confidential informants, like in this case, the “Eye” officer. According to Weingarten, in Gene’s: "The Police Couldn't Hide Their Lying Eyes” case, it would have certainly not been possible to understand that the “Eye” police officer was lying in his testimony until the fine details were given.
For effective determination of direct effect, the EU article meets the following criteria key among which are clarity and unconditional. Additionally, the article must have a negative obligation, contain no reservation on the part of the member state and not depend on any national implementing measure.
The world trade organization (WTO) is one such body that is a contract enforcing governments to maintain their trade policies within the agreed-upon rules. The core objectives are to set and enforce rules for global trade, to offer a forum for negotiating and scrutinizing further trade liberalization, and to settle trade disputes.
Charity is the act of giving money voluntarily to help people who require or in need of financial support. However, the idea of charities has changed over time with contributions changing from monetary aid into other material, and personal assistance. There are different developments in the U.K law in regard to charity trusts.
In Columbia Pictures Inc. v Robinson, a court issued an order against the applicant for breaching copyrights. The order permitted the plaintiff to search his premises, which included his home, to remove specified documents and films that had been thought to be pirated. The order was executed at the same time as the police search warrant.
Amendment IV of the United States Constitution provides for defense against awkward search or arrest, in addition to calling for a judicially issued warrant that is also sustained by probable cause. This part of the bill of rights that regulates on invasion of privacy is, however, only applicable to searches or arrests conducted by the government but not those done by private organizations or individuals.
The Warsaw Convention institutes the following: The obligations of international air transporters from harm to goods, passengers, and baggage; answers that liability and attains a degree of consistency and documentation, processes and substantive law relevant to the claims that may arise from worldwide air carriage.
On Monday, Kevin agreed to purchase an aquarium from Jackie and paid for it. As part of the deal, Jackie agreed to dismantle the aquarium, package it for transit and arrange for it to be sent to Kevin’s premises by the end of the week. He did as agreed and loaded it onto a lorry belonging to Xpress Ltd, to be sent to Kevin.
As per English law, the intended purchaser of a property, which is already on rent, has all the rights and obligations of the former landlord. The new purchaser of the property has to accept the original tenancy agreement. The original tenancy agreement can be altered on its expiry or with the mutual consent of the tenant.
The researcher claims that additional procedures before the Court of Justice are treated as a substitute to the action for annulment. In addition, the paper underscores the uncertainties of EU’s judicial protection given the strict approach the European Union Court of Justice interprets Locus standing of the non-privileged applicants.
Mel has been the target of sex discrimination on the basis of pregnancy in Widgets & Gadgets Pty Ltd. Although she has been deprived of her rights on various levels, yet the fact that she was not provided with a safe environment during her pregnancy provides the strongest reason to lodge the complaint.
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.
The strongest link, in this case, is the admission on the part of the accused that indeed he is the one who pulled the trigger. It was inevitable either. This admission enables the court to work from a point of knowledge rather than beginning from the point of asking who pulled the trigger. This also signals goodwill on the part of the accused.
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Criminologists try to come up with ways of preventing crimes. According to Roberts (2013), criminologists perceive criminal behaviour as an individual and social phenomenon. Criminologists have different areas of study, which include bio-criminology that tries to explain criminal behaviours on biological basis.
These fluids are made by mixing water, sand and at least one chemical. The process has gain popularity around the world in countries such as United States of America, several European countries for example Germany, Sweden and France, and even South American countries like Brazil.
If Tom files a discrimination complaint with the EEOC, what will be the outcome? Although one may be tempted to take Tom’s previous action as a stereotypical tough cop as somehow weakening his case with regards to the EEOC complaint concerning his termination, these determinants cannot be taken into consideration.
This was a clear warning meant to notify any buyer that the car he or she was about to purchase was "as is," or vulnerable to all defects (Cseres, 2005). When such a sale is accompanied by such a warning, the buyer overlooks the fact that the goods could be unsuitable or defective to his or her requirements.
One of the prime aspects which seek to define and limit the means by which business interacts with the economic environment is the existence, use, and application of a litany of different legal constraints. These legal constraints cannot be understood in a singular fashion but rather must be understood within the context of the times that necessitated them.
Modern businesses cannot survive if they are unable to create, and exploit at the same time ensure that Intellectual Property is protected; R&D efforts would be compromised, as well. In addition to the expertise provided by professionals, it is nowadays important for organizations to have an IP strategy, or an IP portfolio management process.
It is apparent from the provisions detailed in the Companies Act 2006; that there are valuable protections against the potential that directors will administer the company based on their own self-interests, rather than those of the stakeholders. The Companies Act 2006 has heralded noteworthy regulatory functions for directors.
United States "Assistive Technology Act of 1998"
To begin, the act provides for financial assistance through grant by the federal government for programs providing assistive technology. Secondly, it provides a framework for facilitation of assistance through the establishment of national technical support programs within the 56 states and territories of the country (Congress, 2009).
When we talk about the rule of law and natural justice it means that everyone has the opportunity to benefit from certain provisions of law and to knock down at the door of competent jurisdiction for justice and fair play. It is the duty of the lawmakers to make sure that everyone should seek justice in time and in accordance with the laws in vogue since justice delayed amounts to justice denied.
As a result, jurors are given the opportunity to listen to impeachment evidence that may undermine the credibility of the witness. Thus, the big task is to determine if the evidence provided by the witness in a trial is truly credible or not. This brings in the concept of impeachment, which is an attack to determine the credibility of evidence given by the witness in a trial.
The world has continued to develop at a fast rate when it comes to the development of new software and technology and this trend has seen the emergence of new models and software into the market that has served to improve the operations that take place in various sectors of business as well as everyday life.
Community violence is studied, which refers to violence that people experience as victims or witnesses, in or near their homes, schools, and neighborhoods (Scarpa, 2003, p.211). The focus is on young adults because Scarpa (2003) noted the gap in literature on this specific cohort’s exposure to community violence, specifically those in low-risk environments (p.213).
Normally, companies are held liable for actions or omissions by their officers or agents. This is because, upon their creation, they are considered artificial persons and separate entities from their owners. Since the ownership of the brewing company was transferred from Real Ale to Big Brew, the company bears several rights and liabilities.
Kohlberg’s Stages of Moral Development in Thank You for Smoking (2005)
Kohlberg’s Stages of Moral Development is a useful framework in understanding the spectrum of morality in Sacks and Reitman’s (2005) film, Thank You for Smoking. This paper uses Kohlberg’s stages to understand how people judge what is wrong and what is right in their own actions and the actions of others, which can differ sometimes.
A tort is a branch of civil law that deals with differences between individuals. Tortious liability arises from the breach of a duty primarily fixed by law; such duty is towards persons generally and its breach is redressible by an action for unliquidated damages. Tort entitles the injured party to claim compensation from the wrongdoer.