Law Essays

ESSAY AND PROBLEM QUESTION Name Course Tutor name 28 February 2012 ESSAY AND PROBLEM QUESTION Essay: Discussion of views An opinion has been presented to a newspaper with the view that there is no difference between morality and the law. The same article claims that there is no significant difference between civil law and criminal law.

Statutory interpretation entails the process through which the courts apply and interpret legislations. In order to find the intent and meaning of legislation, judges use various rules and approaches of statutory interpretation such as legislative history and the traditional statutory interpretation canons.

There are a significant number of human activities that either take place online or is communicated online. Thus legislators and policy-makers have been attempting to determine who best to potential canvas sources of terror and crimes via online communications and at the same time respect the right to privacy.

 At first, directed from the realization by a district court of the federal government, the initiative failed to go into use until 1997 August 28, when Ninth Court of Appeal affirmed the Proposition 209 constitutional. Ambiguity about the validity of the initiative continued, although, until the time, everybody acknowledged.

The provision of healthcare services to the civilian population demands organization and strict adherence to both legal and ethical codes of conduct. These are meant to protect the lives of innocent patients. However, even if healthcare facilities are places where people go to seek redress for their ailments, these facilities have witnessed cases where helpless patients suffer at the hands of merciless physicians.

the competent authority in Saudi Arabia does not have a clear approach to enforce the award when the state or one of its agencies is one of the parties to dispute. In case No 104/142  between a Saudi government department and a company concerning the enforcement of an arbitral award in favour of the company.

Abstract Money laundering is one of the many financial crimes that bedevil today’s society, especially the financial institutions and systems, which have to cope with large volumes of illicit money and other valuables. Money laundering refers to the process by which the source of an illegally obtained money is concealed.

In the context of a patriarchal society, most researchers would pay less attention to female criminality. This paper gathers statistics from various sources to show the trends in female criminality, particularly in the US, citing the nature of common crimes committed by women.

The author states that the major victims of the slave trade are poor and downtrodden people of the society. Most of them are from destabilized states at the hands of war, natural calamities, poverty and those who suffered at the hands of civil wars. The scam is referred to as “4-1-9” due to the application of given modalities by the scammers.

Furthermore, business covers the larger part of the law in defining the rights and responsibilities of businesses in the environment. That is what constitutes the progress and existence of the venture. In general, business laws maintain social and economic control of all the disputes that might arise in the venture.

Civil Disobedience is an act of going against the government, disobeying the government’s laws and establishing their own. Civil disobedience is a powerful weapon when used wisely but it also needs to be a firm one to have any effect at all. A good citizen is not someone who indulges in such acts but when the Government itself puts its interest before the people, it becomes necessary to go against the governing body.

In making the choice of a business to manage, we opt for General partnership. In the partnership, we are going to engage in the fast food restaurant providing fast food of all sorts. The business will be strategically located for the realization of the full extent of the market.

The Road Vehicle Lighting Regulations (RVLR) of 1989, which were modified subsequently in the year 1994, 1996, 2005, and in the year 2009, require all pedals of bicycles to have two reflectors on each pedal, provided that the bicycle is ridden between sunset and sunrise on a public road.

Land law is concerned with the bundle of rights persons may exclusively have in time over a given situation.  It defines the range of functions persons may exercise in given situations at a given time, the so-called functional theory of property. The idea of property in land is a consequence of social evolution regardless of the origin of the property and the legal system recognizes a category of rights relating to the property.

Various ethical concepts form the basis of decision-making within society. These concepts include normative ethics, consequentialism, and virtue ethics. Tator and Henry (2006) contend that virtues form the basis of decision-making among various individuals. In the process of racial profiling, a number of decisions are made.

The Fourth Amendment protects individuals against unnecessary seizures and searches. The Fourth Amendment also requires any warrant to be supported by possible cause and judicially sanctioned. The Fourth Amendment was developed as a reaction to the manipulation of the writ of assistance. The writ of assistance is a form of an all-purpose search warrant.

We believe this goes towards the very crux of your matter. Further, we would like to state that our services can only be of a legal nature on this matter. It is your duty to seek out qualified professionals who will assess the proposed business venture while looking at its location and profitability in order to determine whether it will be a going concern.

Will Espinoza be successful in her defense? Why or why not? 2. Analyze YouTube’s argument that it has complied with the Digital Millennium Copyright Act. Remember to provide any legal precedent or other evidence that YouTube can use in its defense. Will YouTube be successful in its defense?

Ever-prevailing incidence of corruption among Israeli politicians and high rank public officials has managed to evoke substantial amount of criticism not just in the country but around the globe. A growing body of research attempts to scrutinize the deplorable political state of affairs in Israel which is making headlines everywhere and it is reported by media again and again that the country is displaying sustained presence and prominent position among Western world’s most scandalous and corrupt countries.

Worldwide View on the Death Penalty. Death penalty or capital punishment refers to a legal process where an individual is sentenced to death by the country as a reprimand for engaging in a criminal activity. The judicial verdict that an individual be penalized in this way is a death sentence, while the definite procedure of killing the individual is an execution.

However, biological theory of crime advanced by Cesare Lomboso has been the most controversial especially as pertain how the theory connects genetics and criminal behaviors (Namazi, 2010). According to Lomboso the farther of biological theory of crime, genetic factors are responsible for criminal behavior among individuals (van Dusen and Mednick, 1983).

Law enforcement agencies in America today are highly specialized departments that conduct regular training and education to cope with emerging security threats. The law enforcement agencies comprise the federal, state, county and municipal police departments. The agencies work hard to help protect citizens from criminal activities which are becoming more sophisticated with time.

It is very important to understand the nature of focus group discussions before evaluating a case that is fundamentally based on a group discussion. The focus group discussion is a widely used and recognized practice for conducting qualitative research in the fields of social sciences and psychology (Kitzinger, 1995), while it is also used as a mean of gathering public opinion about number of societal problems prevailing in the particular community.

The context of the Gobitis case was different and looked at fostering unity among the people of the nation. Barnette’s case was looked at from the prism of the First Amendment.  As Hall and Patrick (2006) cited, justice Jackson reminds us that majority rule must be limited by the rule of law in order to protect the disliked minorities as much as the majority.

The author states that English employment law or UK employment law can be duly considered as one of the effective laws in the region of the UK. It can be apparently viewed in this similar regard that this particular law includes all broad legislations and policies that govern the working practices of various organizations belonging to the UK.

In present days, growing diverse workforce has created complexities or problems between employees and organizations. Nowadays, workers increasingly demonstrate pictures of their religious idols or converse about their respective religions to the co-workers.

Hong Kong’s common law defines lawful and unlawful cases of homicide. Though proving every ‘unlawful’ killing, beyond a reasonable doubt, sometimes presents the defense with a lifeline, leading to the acquittal of ‘guilty’ suspects. Murder refers to killing where the situation does not warrant self-defense, avoidance of crime or capital punishment.

This ideology put forward by Gewirth could be better explained against the backdrop of the historical events that unfolded at the time leading several philosophers and political theorists to debate on the concept of human rights. The utter chaos and destruction brought about by World War II a range of contemporary philosophers and legal theorists including Gewirth debated against the denial of basic human rights to individuals based on moral and conceptual grounds.

There are, however, specific distinctions between the rights and status accorded to “established persons” by virtue of the freedom of establishment and the rights and status accorded to “service providers” by virtue of the rights to provide service.

  It can also be noted that pregnancies are not a result of an accident in many instances. Teen pregnancies, in particular, are very common in different societies where it is estimated that more than one million teenagers are impregnated every year in America (Gutman, (2). According to the information obtained from this website, (last updated 18 November 2009).

The controversy begins when the question involves whether or not the legal right of self-determination applies to communities and areas within an existing national state. In the past, according to Cop and Eymirlioglu, the manner in which the UN Charter conceives the right of self-determination is far from being directed to create a binding legal norm.

The gift to Pamela is a valid trust if it meets the requisite three certainties. The first of the three certainties is the settlor’s intention to establish trust. The second of the three certainties is the subject which refers to the trust property The objects are the third requirement of a trust and it refers to beneficiaries. Together these three requirements of a trust are referred to as the “three certainties”.

According to the research findings under the concept of corporate veil, a limited company obtains an independent legal personality that protects its investors and shareholders. However, in some cases, the courts have not baulked at piercing the corporate veil, in order to expose the mala fide transactions of the company.

The article takes a deeper look at the criminal justice system as the cohort of processes, agencies, and codes established by the governing authorities to control transgressions of law and enforce penalties on the persons who breach laws. In USA, there is no solitary criminal justice framework but rather numerous similar but distinct systems work together.

Cited actions can fairly be termed as direct or intentional acts to harm somebody. All these acts fall under the purview of negligence under the law of tort. In assault and battery, the burden of proof lies on the shoulder of the claimant. Contrary to that unlawful imprisonment of a person falls within the ambit of strict liability.

The conclusion from this review states that liberal feminism takes a more realistic view of consensual adult prostitution. When a woman decides, free of force, to enter into sex commercial trade, she is exercising her own free will and should be able to enforce the terms and conditions of the contract against a client who reneges on the terms and conditions of the contract.

Following the increase in the number of police high speed pursuits and responses to emergency calls, the occurrence of accidents caused by the vehicles involved is on the rise. This calls for the need to review the police response policies to safeguard the public and the police officers while the latter are responding to emergencies.

The courts decide whether the negligence had resulted in vicarious liability or common liability under tort law. The defenses are also used respectively and can help the businesses in upholding the liability on them for the wrongs of others. Thus, it is observed that tort law has a wide scope in which many holdings within a case can take place.

Dairy goat farming is a sector that has a big potential for growth (Hempler, 2002, p. 1). There are various practical steps that an individual needs to take into consideration when starting a business. These may involve having to visit various goat dairy firms to get an experience of what is involved in the whole idea. 

In its recent performances, the country has achieved a significant growth on its economic development due to proper utilization of commercial guidelines for both domestic and international institutions operating within the People’s Republic of China (Yinghong, 2011).

However, neither common law nor statute defines what amounts to original work, and thus notions of originality often create legal and aesthetic difficulties. As authors and artists in the literary, arts and music world attempt to be creative and original, their techniques and ideas are informed by established industry standards and ideas and achieving originality is a mammoth task.

‘The limited Liability Corporation is the greatest single discovery in modern time. Even steam and electricity are less important than the limited liability company’, (Bernard 1998, p.473). These were the words of Nicholas Murray Butler way back in 1911 in his proclamation of the legal innovation in corporate law with respect to business operations of the 20th century.

Most often labelling habits caused more harm than expected. Placement of human beings into the boxes of our likings or disliking may not prove beneficial. Two things are very vital in labelling a person which is a permanent record of a student and the performance evaluation report of an employee done by the employer.

The claim is contingent on whether or not who possesses legal ownership of the business enterprise in question under the law, and therefore liable for the obligations derived there for. Hence, Lumieres Sound and Lighting System cannot sue Roxanne for payment if there was a legal and official transfer of the rights and interests of the business to Sting.

The court may commit errors in implementing its role as a justice arbiter. The court of law may issue a court order that wrongly spells out a convicted person’s name. Consequently, the police will erroneously arrest the wrong person. The prosecutor may lack the legal expertise to present convincing evidence to convict a person who commits a crime.

The twelfth paragraph will talk about how even the United Nations has pointed to the need for fair and just treatment of the refugees though, in the aftermath of 911 where worldwide the trend is to close doors to foreigners, there have been little teeth to the protests from various human rights activists.

There are crimes that are effectively handled with light punishments and could be curtailed with the mobilization of citizens however there are those which need to be incarcerated with heavier punishments.  If crimes are not responded to with different policies and programs, some forms of it would probably soar. Keeping crimes to their least number is requires good policies and programs.

Why trial by jury should be retained Contents. i. introduction ii. Facts and statistics on juries iii. Objectives of the review iv. How juries operate v. Jury verdict and theory vi. Key importance of juries vii. Conclusion viii. References i. Introduction The confidence of the public in the judicial process is paramount to ensuring an effective judicial system.

It is possible to work in a number of criminal justice facilities as a correctional officer. Juvenile and youth detention centers, private, state and federal prisons, local jails and as a security officer anywhere that has need of one. Becoming licensed is the first step after application for those seeking correction officer positions within the state prison.

A person should be investigated if he or she has contributed money, food, clothing, shelter to terrorist organizations because these are normally indicators of material support. Based on the Suppression of the Financing of Terrorism Convention Implementation Act 2002, it was a criminal offense to collect or provide funds to support terrorist activities