Law Essays

There are three commonly defined classes of sentencing—indeterminate, determinate, and mandatory. It is concluded that determinate and mandatory sentences provide the clearest, most objective account for how a sentence should be delivered. In addition, determinate and mandatory sentences provide an unambiguous specific deterrent, in contrast to indeterminate sentencing that provides a vague or nonexistent general deterrent to the public sphere.

This has followed by the development and formulation of behaviour of the justices that determines the manner and how verdicts are arrived at the highest judicial system of the land, give the circumstances of the cases brought before them. The link and preferences between behaviour of the judges are well documented in the law journals, books and has sparked a heated debate among the legal scholars on the best model of behaviour justices of the supreme court should adopt in order to arrive at the best impartial and verdict that respects the rule of law and can uphold the values and rights of individuals at the same time.

Under the Kin Police System, the people were the law enforcement, and they were expected to help each other. Until this model was improved and change into the Frankpledge Police System wherein the people shared the responsibility of policing. This was eventually replaced by the Parish-Constable Police System that was the first official English police force in England.

The article, therefore, advises L on different issues regarding the partnership. This is because L has a poor reputation as a result of terrorist attack in his home country, Spain. On the other hand, P, L’s partner wants to move to U.K with his family so that they can proceed with the partnership peacefully.

A secondary crime scene is the place which in some way, be it shape or form, is related to the offense but is not the place where the offense occurred, such as the suspect’s getaway car and apartment (Castillo 10). According to the National Institute of Justice (NIJ), the crime scene must be protected to minimize the risk of contamination and loss of evidence.

Mathew can therefore institute a claim against MedX on grounds of vicarious negligence on the tort committed by his fellow employee. This is because the employee was negligent in arranging the boxes that caused the injuries. Mathew has a high chance of winning claims for payment of wages for the sick days as well as for compensation due to negligently instituted injuries.

The Legal Profession Act 2007 specifically states that it aims to enhance “the regulation of legal practice on a national basis” (Legal Profession Act 2007). This paper will identify how these acts would improve consumer confidence in the legal services market through the regulation of solicitor’s accounts.

The first task for the mother-in-law was to take Bruce’s wife to the hospital, but under the circumstances of a last-minute change of plan, Bruce decides to take up the role and communicates the same to his boss, who is not happy about it. Disciplinary action is looming since Bruce has taken too much time off unauthorized by the employer. 

Police discretion, according to Scraton, implies that “Police officers necessarily use their personal judgment to weigh up a situation and enforce the law” (Pond 1999, 94). Basically, the police do not implement the law at all times and undeniable proof of an unlawful act does not constantly lead to criminal trials. 

The criminal justice system has always been under immense pressure to devise legal options and practices that facilitate better use of scarce resources and time while making way for the rule of law. Plea bargaining is one such legal option or practice. As already mentioned, if every case accrued by the criminal justice system goes to a full trial, the courts will soon be inundated with pending cases.

After a number of acquisitions, Albemarle Corporation became an independent, publicly traded company in 1994. The company abandoned its paper manufacturing operations completely by 1976 and focused more on chemical products. Currently, the company has presence in over 100 countries and it has nearly 4000 employees as of 2010 data.

This paper is being carried out in order to establish a review of available studies on gender bias and legal processes which seek to prevent and manage its manifestation. It is being carried out in order to provide this student with a detailed understanding of the available legal processes in relation to gender-based issues and activities. 

This is arguably true because when offenders are subjected to correction facilities and come out without any reformation or mental and psychological support, most of them end up repeating mistakes that were incarcerated for (May, 2008). In fact, it can be argued that due to increased cases of poverty, many people get desperate and end up in criminal activities.

To complete the requisites of the contract of employment, the Santander employee should have this contact in writing and must be fully understood that the employee will work in accordance with the nature of the job on behalf of the employer. The workplace will be specified in the contract based on agreed amount of salary.

At the beginning of 2012, Kathy and Frank had $9,000 in their savings account and $15,000 in credit card debt. Kathy and Frank also owned the same car at that time (still with an FMV of $10,000 and basis of $16,000) and the same household furnishings (still with an FMV of $17,000 and a basis of $30,000).

Water is the most significant component which is an essential need of the human body. It is used in almost all of the body functions and facilitates the different organs to work properly. It is a natural resource present since the start of the world however in recent times it is running short in many of the developing as well as developed countries.

This recognition is only restricted to specific states and regional blocks. For instance, Article 24 of the African Charter acknowledges the need for a clean and healthy environment by stating that all people are to have a general satisfactory environment which is favorable for their environment.

The standpoint that English law allows parties the utmost freedom to agree on their own legal relations and liabilities without interruption or/and limitation can be said to be true, provided the terms and conditions that govern contracts and the principles of tort law have been fully adhered to because a contract is a voluntary organization. 

The message can be in non verbal form or verbal form as long as it can be understood clearly by the receiver. The communication process has several stages: encoding, medium of transmission, decoding and feedback. The sender of the message selects a design, encodes it into the selected design, and then initiates a medium of transmission.

From this paper, it is clear that employers use a number of fair and objective ways to select employees for redundancy, which include last in, first out basis, use of disciplinary records, and self-selection by asking for volunteers and markings of staff appraisal, for instance, experience, qualifications, and skills.

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.

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.

There are seven duties expected of a director under the Companies Act 2006 which are a codification by common law. The instant case needs to be examined in the light of s 175 and 177 of the Companies Act 2006 dealing with directors’ duty to avoid conflict of interests and duty to declare an interest in transactions respectively.  

United Nations came into existence at the end of World War II which had left the entire world a crippled one, with millions losing their lives, many more left homeless, and future more being left maimed. The world war brought about complete destruction along with itself. Seeing that the United Nations organization was brought into action.

In international law context, use of force can be defined as the right for a nation to use own authority to settle disputes2. Force may be through use of military, use of dangerous and destructive warship like bombs. Article 51 of the UN Council provides statutory powers for a state to use force.

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).

Studies in countries like the USA and Australia, where the policy of 21 years as the permitted MLDA was implemented, provided evidence that it indeed provided positive results. Therefore, it can be stated that increasing the drinking age can substantially reduce an individual’s vulnerability to various life-threatening diseases and salient mental disorders or psychological inefficiencies.

The author states that different states have different laws, and laws regarding the death penalty vary as well. They vary in terms when the punishment can be meted, what methods should be used and the period within which they should be carried out. It is also absurd that some countries have completely omitted from their laws the method.

However, African Americans are taken as lead suspects in violent crimes such as committing a homicide on the basis of hatred for certain social group. The detailed research on the featured topic revealed that usual suspects are found to be innocent because, they are noticed to practice extreme care regarding local laws.

Looking at the first incident where he promises Charles to give him $50 for his efforts. This is a simple contract since it is one that is made between two individuals who know each other well. At this point a problem may arise where if he fails to get full payment for the event; he may not fulfill his promise to Charles. 

Use of Deadly Force The police are given extensive legal powers to serve and protect the public and enforcing the law. (Chappell, 2013, p.153) The main part of the research is to show how policing will involve the deviation in the use of deadly force and the exercise of judgment in various part of the world over the centuries.

While international arbitration as a contemporary legal system is relatively new to Arab nations, arbitration per se in the Islamic world dates back to 622 A.D. when the Prophet Mohammad created the first important arbitral treaty that applies to the settlement of disputes between Muslims, non-Muslim Arabs, and Jews.

This paper has presented the methods that will be used to undertake the study. The areas that have been discussed include the methods and rationale, instrumentations, internal and external validity, and data collection methods, among others. A paper by Siewert and Breen (2011) has also been reviewed and discussed.

When the successful prosecution of a case relies on the evidence of a witness that is unwilling or unable to testify for one reason or another, it becomes the prosecution’s important task to ensure that this evidence is somehow delivered in the court of law. There are ways in which the investigators can handle the issue of an unwilling witness.

One of the most important advancements in the laws governing professional negligence was the establishment of a duty of care in negligence laws under the landmark case of Donoghue v. Stephenson which saw the decomposing remains of a snail found in a ginger beer bottle mark the beginnings of modern laws on negligence.

With reference to the above-mentioned background and behaviour details of Dennis Rader, it can be viewed that the behaviour and nature of Rader completely support the cognitive theory. The theory states how our thought can influence our emotions and behaviour to perform activities that may lead to illegal activities.

Latimer Case Name Institution In this case it was wrong for Latimer’s father to decide that his daughter deserved to die. Although the daughter was going through pain and had trouble carrying out normal life’s processes, she still deserved to live. God is the only person who should decide whether a person continues living or not.

In the referred case scenario, an intentional infliction relating to emotional distress was reportedly conducted by William Cranston, who is running an organization named Preserve Youngsville for Retirees (PYR), which affected the victim, Elizabeth Walsh. Assessing the background of the case, it can be viewed that the infliction of the emotional distress behavior of Cranston caused severe depression in Walsh’s personal and social life.

In the near future, it is expected that CSR will become a common function within the corporate world whereby each and every organization will be participating in activities and actions that they are fully accountable for. Various laws are being enacted to ensure that companies have no option but to behave in a socially responsible manner.

There are other, irreversible factors contributing to the price increase in food crops. These contributory factors are the increase in oil prices, the decreasing availability of oil, and a population explosion worldwide. These contributory factors are also long-term and will likely create and sustain a food crisis. 

The principal, therefore, authorizes the agent who works under their control to perform certain duties on their behalf, for example, do a negotiation to bring him and the third party to a contractual agreement. The principal can expressly or implicitly permit the agent to perform certain tasks on his behalf which will lead to a binding contractual accord between the principal and the third party.

The Equality Act 2010 protects against unfair treatment at work such as using verbal warnings as a method of laying off workers. The unjust dismissal regulation of the Equality Act 2010 is rooted in the idea of a ‘fair go all round’ and is meant to stop dismissals, which is ‘unjust, harsh or unreasonable’ and do not obey the Fair Dismissal Code

The importance of image rights dates back to the 1840s with the works of Prince Albert. It was passed that his works could not be published or reproduced without him consenting to it. Image rights have increasingly gained importance through the years. In the 20th century, France formulated and incorporated image rights which was later followed by Germany.

 Generally, it is essential to state that the Family Medical Leave Act came into being in the year 1993 to strike a balance between employers and employees in a scenario where employees have to take extended medical leaves in a serious condition which includes pregnancy or take of any family members.

Meeting are critical in any company. An entity that fails to hold a meeting within fifteen months from incorporation ought to wind up. Meeting are consequently critical since they enable shareholders to undertake certain responsibilities. First, directors present the entity’s results for evaluation by shareholders.  

According to the research findings once an EU national exercises the right to the free movement of workers within the EU, his/her spouse, including non-member state spouses have the right to work in the host state. The right to equal or non-discriminatory treatment is extended to all persons within the EU, including non-members.

Debates on the question of ancillary business activities have focused on whether the law is a business or a profession. Adherents to the “law is a profession” position have lamented the demise of traditional standards of ethics, civility, and public service. They view creeping commercialism as the root of the problem. “Law as a business?

Society should judge conduct, not human worth. If we punish a criminal, it is because of what he had done to his victim, not because he was that bad and society must punish him. Criminal law states that society must judge conduct and not souls. If we punish or put to death criminals, we place ourselves instead of God.

Thus, the safeguarding the individual rights emanating from the Community law has received very little significance as yet. Hence, the Court of Justice is belligerent to break these inherent ambiguities of the Treaty all these years.

For instance, an assessee has to pay 10% tax when his income is £100,000, and he is required to pay 30% tax if his income is £300,000. The majority of the countries around the world follow progressive taxation as they conceive the same as more fair. Under progressive taxation, the difference between the distribution of income before the taxation.