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Gun control laws cannot counter the issue of gun violence; still, measures can be taken to ensure that the weapons are in the hands of the right people. Before issuing licenses and registering guns to any individual’s name, the law enforcement agencies need to ensure that they are handing a lethal weapon in the hands of the right people.
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It is used by the criminal defendants where the accused must be absolutely impaired by a mental disease or defect at the time when a crime is committed to enable him or her receive such a defense (Torre 97). Actual Defense The insanity defense is one of the numerous misused features of the forensic psychiatry that does not only allow sane persons to impose ‘insanity traits’ in courts but it also allow to criminals or dangerous people to continue being in the society especially after they have undergone medical tests (Anderson and Gardner 50).
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Issues that deal with employment status are central to the governing and execution of employment law. It is essential to determine the employment status of an individual, that is whether they are self-employed or employees. Only employees can be made redundant, avert statutory redundancy payments or bring claims for unjust dismissal.
The purpose of the constitution is to safeguard the rights of all citizens of the United States irrespective of their backgrounds or positions in the community. It contains rights and freedoms that individuals are entitled to enjoy by birthright, such as freedom from slavery, freedom of speech, and so on. There is no person with the authority to deny another person these rights and liberties.
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The prosecutors in the case maintained that the suspect allured his wife (Eunice) to his store determined to murder her, and that the rest of his victims were merely circumstantial given that they got in the way.
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2. Why do criminal cases reach trial much more rapidly? Should there be such a dichotomy? 3. What roles do lawyers play in these delays? Is this right? Summary 1. Civil cases take so long to get to trial because of the procedure and components of the discovery and pleading process.
However, experience reveals differently. In addition, some individuals are frequently intentionally unclear, with the intension of concealing the truth, confusing or deceiving people. Instead of using language to communicate feelings or ideas, they use it to control contemplation and behavior.
If the material relates to what most people have watched, the “hero” undercover police agent struggling hard to gain his identity, the unclean detective, and the hedonistic mafia boss, with all the countless problems, the movie still ranks among the outstanding ones in the stores (Schoeffmann, et al., 2011).
The mission of the Securities and Exchange Commission (SEC) or the Commodities Futures Trading Commission (CFTC) is to protect investors by maintaining fair, orderly, and efficient markets thereby facilitating capital formation (SEC, 2013). The SEC and CFTC draw the statutory authority from three statutes.
The Product Liability Directive of 1985 provides the cushion to protect consumers against defective products. A product can be said to be defective in instances where it fails to provide the safety, which the user is entitled to expect putting into consideration all circumstances time, reasonableness as well as presentation.
For instance, it is Daoism is a Chinese religion that articulates crime and punishment in a cosmic dimension. Crimes are bad deeds or sins that individuals direct towards themselves, environment and others. The powers of cosmic balance mete out punishments thereby bringing the evil back to the doer.
This fundamental structure of judicial system promotes peace and order in the society. Adversarial vs. Consensual Model. Adversarial model is the most common model. It is also known as combat model or the adversary system model. Under this kind of model both the prosecutor and the defense attorney battle it out by strongly challenging evidences before the judge.
However, the documentary heats up many debates on the ‘fake’ facts present in its 145 minutes show. Economists argue that it work of fiction since they barely understand the forces of business at play in running a corporation. They also continue that such documentaries and other works of fiction continue to ruin the capital markets.
It is quite essential to state that Crash, the Oscar-winning movie was directed by Paul Haggis in 2004. The film unveils different social issues such as racial, gender, and class discrimination faced by the different ethnic groups in America. The movie received huge appreciation from all the groups.
United States v. Wade
Two weeks after his arrest, Wade was placed in a line up with other similar looking men where the two employees who were present during the robbery positively identified Wade as one of the perpetrators.
The witness identification procedure was undertaken by the FBI without considering the need of the accused to have legal counsel present.
An IP rights holder may be from a member state within the E.U or from outside the E.U. member state. This paper examines the rights of the IP holders and buyers trading in the EU and various principles involved in the light of IPR protection a holder is entitled to as a reward for dedication of his resources and efforts towards the development of his product with quality.
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The performance of Australia in the international Ice hockey competition has been ordinarily, having qualified for the winter Olympic competitions once in 1960. This shows the lowly placed sporting event. In 2012, the national team of men was ranked at position 32 in the International Ice Hockey Federation rankings.
There are three main sources of law in the UK. These are European law (legislation and treaties that affect all member states of the European Union), legislation (incorporating all the laws passed by Parliament) and case law (which has been developed through setting precedent by a court) (Clarkson et al, 2008). There are also customs, treaties, equity, delegated legislation and statutory interpretation to consider.
After her disappearance, police could not figure out the kidnappers, and they could not locate her body. The investigations and searches went cold leaving her family torn between resignation and hope. After years of waiting, Dugard reappeared with two children, fathered by her supposed abductor.
This expectation presents old and emerging problems, which the police have to face during service delivery. The challenges are diverse in nature, and others are caused by the changing viewpoint of the community (VanHulle, 2011). This paper will explore the challenges facing the police throughout their role in criminal justice administration.
FATCA was developed to identify US taxpayers’ holding accounts in Foreign Financial Institutions (FFIs) in order to enforce reporting of those accounts through withholding. The main objective of FATCA is to enforce tax compliance of US citizens with offshore financial accounts.
How effective is transitional justice in Afghanistan? Taking into consideration the political system in Afghanistan, the lack of political will to pursue justice and the weak cum malfunctioning judicial system as well as the Bonn Agreement.
During his arrest, the police neglected to inform him of his right to self incrimination as well as his Sixth Amendment right to have free counsel assigned to represent him during his questioning. Being of little education and with a history of mental instability, Miranda found himself declared by the court as guilty of the crimes he confessed to and facing a 20-39 year prison sentence.
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.
A State may already exist but in order for it to be given a formal status of statehood so that it can participate in world affairs and enjoy a formal relationship with the rest of the world, it must meet certain criteria. The 1933 Montevideo Convention on Rights and Duties of States has set out for the first time the four criteria.
In this increasing age of fraud and deception, stringent laws are necessary to curb such fraudulent actions. While no Act can be formed that can guarantee the complete removal of criminal activities, the most pressing problem is that fraudsters go to any length to find loopholes in the Acts to ensure escape from the eyes of the law.
The purpose is to provide medical care and rest and recuperation for the employees of the company and the family of the employees. The trustees would not be allowed to use this money for any other purpose, other than the purpose set out originally. The fund held by the Hipley Textiles workers appears to meet all the elements of a valid trust.
Caylee’s remains were discovered in a wooded area adjacent to the family home five months later. Initial reports from the investigation and testimony in the trial pointed to duct tape being discovered on the skull’s mouth and front. The trial lasted for approximately six weeks in 2011, during which time the prosecution asked the Court for Casey to receive the death penalty.
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An entrepreneur should consider the advantages and disadvantages of the numerous forms of ventures then evaluate and compare them to identify which venture suits him or her (Pride et al, 2012). In this regard, Abi, Emily, and Ella should consider the advantages and disadvantages of establishing an incorporated private company and those of operating as a partnership.
Even knights and pilgrims had not failed to rape women on their way during Crusades marching towards Constantinople. During World War Japanese Army raped almost 200,000 Korean women forcing them into brothels. Surviving Korean women were given a compensation of $ 2,300 each by Japanese court in 1998 (Siegel, 2011, p.
Childhood is a time that is critical for healthy development. Since children are still in the process of growing, they do have special needs and characteristics, in terms of cognitive, physical, and behavioral growth, which should be taken into consideration. Those children who are exposed to work at an early stage face a number of risks.
Case Analysis Brief Overview of IRAC Method IRAC method can be considered as one of the effective methods or approaches to analyze any legal case. The method incorporates certain major elements such as issue, rule, analysis as well as conclusion which significantly enable to discern various issues and problems that the court faces in terms of dealing with any legal case.
This paper places its focus on what should be undertaken to ensure ethical rules are adhered to fully. In addition, this paper discusses the ethical implications of following commands from superior officer. Through a number of ethical theories, this discourse outlines how ethics can be utilized in making suitable decisions in the criminal department hence ensuring all parties achieve justice (Pollock, 2012).
Business structure determines how roles, power, as well as responsibilities, are to be assigned among the partners, how the business will be controlled and coordinated, and how information flows within the organizational departments. The structure depends on the business objectives and its strategy.
I implore your Lordship to deliberate over my submissions and carefully examine the principles I have stated. I respectfully beseech the court to make a decision in favor of the Appellant, who has obviously been wronged by the respondent. I leave the decision of this case to your Lordship’s sound judgment.
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.
The document also discusses the administrative law and how it merges with government agencies to improve citizens’ quality of life. The United States citizens have always been granted the freedom to express and practice legal businesses, as one way to improve their lives and contribute to the US economic development.
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However, the fact is that this power has taken away the privacy and liberty-a very necessary part of American life-from the lives of people. One of the perfect examples of this situation is the case of Ashton Lundeby, a sixteen year old who was arrested for allegedly sending bomb threat; and according to reports, he was arrested from his home on the night of 15 February and is denied the right to get due process (Lamb, 2009).
Oil exploration in the northern hemisphere is exceedingly complicated and an extremely expensive investment and GEP-Oil had entered into partnerships with investors from out of state in order to be able to explore for oil reserves in the arctic region.
Victims are important not merely because they endure most of the harms of victimization, but also because acknowledgment of this aspect has major implications for the effectiveness of the criminal justice system. Victims become the mechanism whereby a completely more practical and efficient exercise of criminal justice may easily be visualized.
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Individuals with high self-efficacy are likely to focus, more on their ability and intention to perform an action than the benefits they will accrue form it, ergo, they will challenge themselves and test their limits of their personal abilities to the farthest they can (Cherry, n.d.).
The law of maritime claims has been promoted along different routes in civil law administration. Vessels are recognized as objects of security rights in all nations. Despite this and the fact that maritime claims are of profound commercial significance, there is a high degree of international uncertainty in the subject of maritime claims and mortgages.
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What Requirements Do Texas Courts Impose for Someone to Be an Expert in Medical Malpractice?
Medical malpractice refers to the professional negligence to act or omit to act by a physician, where such acts or omissions fall below the required standards, leading to the death or injury of a patient (Baker, 2010).
According to Pollock, the law is an agreement that a person makes with the government to forfeit some of his freedom and in return be assured of protection from the government (Pollock, 2007). In order to ensure that everyone is able to exercise their liberty, they should do this within the constraints of not infringing on the rights of the others and not causing harm to themselves.
In terms of dollars, it has been a failure, both because of the amount of money spent on the drug war, and for the amount of money lost through not having the drugs legalized and taxed accordingly. That it has been a failure has been acknowledged by top levels of the United States government, as the drug czar has candidly stated that the war has not been successful. There is very little evidence that would state otherwise. This essay will state why the drug war has been a failure.
JUDICIAL ACTIVISM BY EUROPEAN COURT OF JUSTICE . Introduction The European Community Courts have played a decisive role in the integration process of the European Union. The European Court of Justice (ECJ) has especially assumed key role by constantly pursuing legal assimilation in the EU by offering flesh and substance to an outline Treaty, thereby plugging in loopholes in the European laws, and improving the effective implementation of Community law in the provinces of the member states1.
The best illustration is disintegration of Yugoslavia where self-serving extremists played a major role in ethnic cleansing where millions of minority civilians were massacred. The International Court of Justice found that the proclamation of autonomy by Kosovo which was declared on 17 February 2008 did not infringe any international law.
An examination of the policing profession reveals considerable problems, which need to be addressed. Different individuals and organizations, including citizen groups, the media, as well as the policing organizations can identify these problems. Nonetheless, the various issues in policing must be addressed, if they need that, for better policing in the country.
In October 2008, the European Commission issued the proposed consumer rights directive to harmonize further, consumer right throughout the European Union including those relating to consumer sales. A month later the law commission published a joint consultation paper on the United Kingdom's consumer remedies for faulty goods.
Issues concerning immigration continue to be at the center of a great deal of ethical, social, and political debate. The United States is not the only country that struggles with the finding of the best possible policies to be applied to the immigrant populations within the country. Many countries in Europe, as well as, Canada have similar concerns.