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According to the report Shirley’s three young children named Danni, Charlie and Emily aged 5, 7 and 14 years respectively. The adjacent neighbour of the family in St. Albans was Mrs. Smith, who was a practice nurse by profession in a local surgical department. These children appeared to not attend their school on a regular basis.
From the research, it can be comprehended that there are several arguments raised in the R v Hinks case but after a careful consideration, none of them seems to produce a valid reason. The House of Lords put a legal sting on some of the arguments that had substantial standing using the 1968 Theft Act prior to Gomez situation.
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All transactions that have terms are usually made and amended to protect the terms of the agreement in case a transaction fails to uphold the agreement terms. Most of the laws are bound to protect the buyer and to an extent protect the seller in case of his or her sincerity in keeping the contract terms.
What developments over the last 20 years have made transnational crime harder to detect and prosecute?
Military thinkers term it as asymmetric warfare or the insurgency, which is sponsored by non-state actors. No the nations don’t need to go for an all-out war with the adversaries; the same objectives can be achieved by merely sponsoring / promoting the insurgencies / crimes in that state, which is termed as transnational crimes.
This study is about the safety of personal details against illegitimate use, storage, damage, exposure, or interference. It is essential for the people, who are charged with the responsibility of keeping the personal details of others to ensure that the information is secure, reliable, up to date and free of any interruptions that may result in to decline in value.
Ruled by Dutch law, the Netherlands has traditionally been known as a hub for business in Europe. When thinking of establishing a business in the Netherlands, an individual ought to select the legal structure they will operate under first. This choice will be a determinant of the company’s tax obligations as well as liability.
Therefore, while most of the other elements of a contract could not have been fulfilled, which include the acceptance and the communication of acceptance, the provision under the postal rule, as explained in the Adams Vs Lindsell (1818) case, overrides all the other provisions, by providing that under the postal rule, a letter of acceptance takes effect immediately it is posted.
It illustrates to what extent the Lisbon Treaty presents a new direction in the institutional arrangement and decision-making process of the EU. Thus it critically evaluates the statement based on an overview of how it came into being, followed by a review of its four structures to demonstrate to the extent and ways it represents a new way forward.
Floodgates of litigation. The issue of floodgates of litigation has consistently appeared in the courts, especially when it comes to certain cases which seem to create a path through which more cases can be filed to the courts, based on a determination that had not previously been done.
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These two have differences, at the same time as well as similarities, which raise the purpose of this essay in comparison of the two types of justice. Substantive justice is justice that is bound by law and is based on a couple of principles that govern how the entire process of discerning and enacting justice is conducted.
As a general rule, goods premafacie passes with risk depending on the essential terms of a contract (Sale of Goods Act 1979, S. 20)1. In Section 20A and 20B (Sale of Goods (Amendment) Act 1995), we are concerned with the passing of goods and risk to the buyer for unascertained goods in the bulk upon ascertainment.
I am painfully aware that my family circumstances and financial difficulties constitute disadvantages which disrupted my educational opportunities and advancement and resulted in my poor ISAT score. However, I do not consider these disadvantages to be permanent obstacles in my search for a better life.
Corporate law governs the relationships that exist between corporations and helps sort out differences that arise between them. Corporate law serves to regulate the activities of businesses that were formed under the Companies Act of 2006, and other previous enactments that remain relevant, in today’s corporate world.
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According to Carr (2012), therapy counselors acknowledge that family units defers from one household to another. The difference arises from factors like social and cultural backgrounds of household couples. Social background plays an influential role in determining individual’s values and convictions.
The concept of separate corporate personality is of great importance in company law. In most cases, it is used to protect the interests of people involved in the running of the company. There are certain sections of this legal piece of law that are specifically designed to protect the interests of the company owners.
In the 2nd stage, in a ruling founded on the duty of cooperation set out in Article 10 of the Treaty, the Court protracted its jurisprudence scope by demanding sufficient domestic remedies to be presented for the breach of rights provided for by EU law, even if there were no specific “remedies provisions” in the concerned Directive.
Vulnerable securities in banking law refer to guarantors or sureties who may have been or may be at risk of exploitation in. The risk of exploitation may arise in circumstances where the guarantor or surety can be said to have made a mistake, acted on a misrepresentation, was under duress or undue influence, or was subject to “unconscionable dealing”.
Performance of the Convention cannot be accurately measured in the absence of data on legal and illegal transboundary movements of hazardous waste. However, the disasters mentioned and the growth of e-waste show that there is a letup in the growth of hazardous waste being exported to developing countries.
In this discourse, focus is placed on the case where Rodney King was brutally beaten by police officers after he failed to stop for committing a traffic offence. This attack on a civilian raised several ethical concerns in the police department and in the justice departments.
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New background checks on guns. The United States of America has had an increase in gun violence for a long time especially in the major cities. The availability of guns follows weak government institutions and guns management policies most of which have made it easier for more people to purchase guns.
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.
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Recruiting diverse, skilled candidates is a frequent challenge for law enforcement agencies, and their routines (Matthies, 2011). At the beginning of the new millennium, numerous metropolitan agencies confirmed that there was a shortage of qualified individuals attracted to police work. With the decline in the economy came a downpour of contenders, but at the same time, ultimately, slashed money for recruitment and hiring.
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Borrowing from secondary sources, it gives insights on various preventive strategies and recommendations on curbing the crime. Introduction Among other factors, Neild (2007) documents corruption as a culture that could damage international development by reducing social cohesion, economic growth and weakening the rule of law.
Apparently, there has been a shortage of employees prompting objective measures to be taken to save the company from financial losses. As it appears, all other employees apart from Mark agreed to work overtime. In his submission, Mark indicated that he was not under any contractual obligation to work overtime.
More specifically, this research is significant in the sense it will evaluate how members are doing in order to implement these regulations and whether these regulations have been successful in achieving the desired objectives. This research will therefore add in more value in evaluating as to whether the existing regulations can actually provide necessary infrastructure and environment to the member States to deal with the issue of Child exploitation.
Common Law and the Doctrine of Privity The common law, also known as ‘the general rule’, states that only a party to a contract can enforce or execute its standings. Any other person such as a third party is deemed to be an alien to the contract and as such, cannot enforce it.
Marijuana and Prostitution This paper has been divided into two parts. The first part discusses the legalization of prostitution, and the second part of the paper discusses the legalization of marijuana. Prostitution has been the oldest profession in the world.
In the current times marred by the scarcity of personnel and resources, seeking the involvement of citizens could indeed turn out to be a force multiplier. Citizen volunteers are never intended to replace paid law enforcement personnel. They are actually expected to help the law enforcement agencies in a variety of ways.
The Act was a revision of several laws that were in England and Wales focussing specifically in theft and other similar offences associated with it. The Theft Act 1968 (UK) came into being as a replacement to common law offence of Larceny Act 1916 and several other separate common laws that were in force, into one statutory offence of theft.
The first response should be quick and methodological. Any officer who arrives first at the scene should: Assess the scene and treat it as a crime scene. The officer should log dispatch information. This should contain the location of the scene, type of call, any parties involved, time and date.
United States v. Salerno
Therefore, there was no violation of the 5th amendment nor the Excessive Bail Clause of the 8th Amendment. This case was based upon the arrest and subsequent indictment of La Cosa Nostra boss Anthony Salerno on violations of the Racketeer Influenced and Corrupt Organizations Act (RICO Act).
Disobedience to laws will be a punishable offense and will result in a punishment of 14 years in jail. However, the Jews and Quakers were exempted from this law. Jews and Quakers were not restricted according to the Marriage Act of 1753 to obey the law of appearing in churches for marriage purposes. Anglican churches were also specified for nonconformists and Catholics.
Twenty-three states adopted the three-strike law including South Florida. The version of the three-strike law varied from state to state, but the law generally reduced the judicial discretion through the mandating severe penalties for third felony convictions.
This discourages sexual exploitation of women in the military by men. Greg Jacob, Director of Servicewoman’s Action Network (SWAN) has informed that such a move will stop women being considered “lesser or second class soldiers” and enable them to command respect from men (Burleigh, 2013).
The investors aim to build up wealth from their capital investments. Stakeholders normally clash with the goals of the investors (Murtishaw & Sathaye, 2006). However, managers rarely take concern for the stakeholders, and in most cases, they pursue their ambitions. Although investors desire to have gained from their capital.
As a result, the plaintiff losses were too remote in that at the time of inflowing the contract lost revenues which were being expected by the parties. The court held that the indemnities were remote. In so doing, the court established two rules for the determination of the remoteness of damages in contract.
This paper will deliver some notions that will significantly increase someone’s awareness of the former issue, in the light of the United Kingdom setting. The purpose of this study will be depicted in section two, which will be interpreted, and further, the researcher’s initial perspective will be explained. The significance of the topic emphasizes its emergence.
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constitution (Kura, 2001). Congress is mainly charged with the responsibility of enacting laws and reviewing budget estimates proposed by the president. So far, Congress has proved to be as a very effective arm of the government. It has executed its work with a lot of impartiality most of the times by keeping checks and balances on the executive arm of government.
Police discretion as an element is however eliminated. This is because, as the article puts it, ecological studies have criticized police discretion in the official counts of crime (Warner and Glenn, 1993). The article concludes that data on calls to the police are valuable for ecological theory studies.
Due to his low financial status, he was incapable of hiring a lawyer. The court refused to appoint an attorney for him even after he requested stating that it was only to indigent defendants that it was obliged to appoint counsel to when it came to capital cases.
The information is presented in terms of topics and codified in the code of federal register (CFR) (Mead, 2004). The Register has several sections in each subject (GPO, 2013). These include proposed new rules and regulations, notice of meeting and adjudicatory proceedings.
The act requires that the goods should be of the right value and that it should be useful for the use of the client2. This section also stipulates the requirements for the completion of sale agreement and the process for effecting the sale agreement3. In BSS Group Plc v Makers (UK) Ltd (t/an Allied Services) [2011] EWCA Civ 809, case, the BSS during his ordinary trading activities had sold some gold to the purchaser which was to be use for definite function.
Some cases have demonstrated that sometimes judicial reviews are indeed concerned with the merit of the decision rather than legality. It is not all the time that a decision is quashed on the basis of legality alone. One may analyze and indeed find out that the judicial decisions go beyond the provision of the law to further analysis of the issue.
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.
Adult and Juvenile Justice System The court system, in the U.S, has two divisions, the Juvenile Justice System and the Adult Criminal Justice System. This systems aim at ensuring the dispensation of justice. Additionally, the systems ensure criminals are held accountable, as well as maintaining social stability.
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.
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While an individual commits a hate crime, it is an indication that he/she has been harboring the hatred and resentment towards such a social group for some reasonable time and thus opted to perpetrate such a crime in the expression of such hatred. This forms the basis of justifying higher penalties for hate crimes, compared to regular crimes.
The following research questions are formulated as guidelines for directing the scope of the study. By this, reference is being made to the fact that all forms of data collection procedures that will be carried out will focus on the research questions by attempting to use the data collection process to answer the research questions.
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Many companies face an increasingly diverse set of products liability and face challenges that require not only a keen insight into developing legal doctrines, but also adept case management and coordination. Skillful case management and coordination are essential to any company due to the uncertainties which might occur time after time.
Taking into consideration the case of Cipollone vs Liggett Group, Inc. (1992), Congress' power to pre-empt is considered to be broad as long as it is aligned with the source of its authority, the Supreme Law. If the Congress exercises its Commerce powers such as its preemptive powers without interrupting an existing federal law, then their powers and laws are binding.