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Letters of credit are essential tools for conducting cross-border trade as they help ease the challenges brought about by geographical distance, varying laws in different countries, and risks associated with fraud on parties to the transactions. The principles of strict compliance and independence give assurance to authenticity.
According to this case, the clients, or third party following their advice if they were aware the information would be put to such use prior to supplying it should hold accountants responsible for any loss in investment that was occasioned.
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Like in most situations, this transition has not been smooth and there have been cases of resistance to change. This has led to cases of discrimination against women, which takes many forms. Eileen is continually being passed over for promotion because she is a woman. Her manager Patrick is resistant to the idea of women and men being equals at work.
The trial ought to be factual and morally legitimate. However, cases under the Misuse of Drugs Act 1971 are rather complex, since the prosecutor has to establish exclusive actus reus and mens rea. Furthermore, the crown has to demonstrate that the accused actually had knowledge of what was inside a bag, container, or box and whether the defendant knowingly possessed and controlled the package itself.
The broad range of claims for misrepresentations in tort and contract law possess the capability to provoke a lot of people to have the opinion that damages are too far easily recoverable, and the form of damages overlie and contradict one another. The steady shift has been confirmed to be an advancement in both tort and contract law.
The enforcement officials belonging to federal law possess the legal right to raid the providers of medicinal marijuana. Finally, it can be concluded that the federal government possesses supreme power towards limiting the passage of laws concerning medicinal marijuana due to its emphasis upon the notion of ‘commercial clause’.
Generally speaking, the primary purpose of incarceration is to punish the offenders and to make them in a way compensate for the harm they have done to society. Incarceration also acts as a potent deterrent to crime. By keeping the prisoners behind bars, the justice system tends to safeguard society.
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Since mentally ill offenders are categorized as ‘level one’ offenders, such offenders get the eligibility to be released early. Admittedly, the rising number of mentally ill offenders in society and in correction centers is a matter of serious concern as keeping them involves huge expenditure due to the unpredictable nature of their crimes.
This paper tries to emphasize the imminent danger of discontentment in the prison system due to the prevailing budget cuts. The article is also trying to show the idea from the standpoint of a prison expert telling some remarkable disadvantages if the budget for the prison system has to undergo some necessary cutbacks.
In their ruling, slaves were restricted from suing offenders in federal courts. Moreover, federal courts or the federal government could not protect slaves from any form of discrimination. The ruling on Scott v Sandford was as well essential in ending slavery. This is owing to the fact that, after the ruling, many slaves who were held in Free states were not allowed to be free.
The women they were accused of raping were named Ruby Bates and Victoria Price. The men were tried in a court of law that did not allow them to receive legal representation until a few hours before their one day trial and where
The fact remains, in an era where a litany of other government programs have been cut to the bone, workers reduced, and services drastically cut, the Department of Homeland Security still operates in what can be considered a type of budgetary bubble; seemingly inoculated against the budgetary crisis taking place around it (Jones, 2004). One need look no further than the seemingly ever increasing nature of the annual budgets within which DHS must manage its mandates to see evidence of this.
It has been argued that the likelihood of a crime being committed by an immigrant differs depending on the origin of the immigrant and the country or region in which the immigrant settles. To clear this dilemma, this research investigates on the relationship between immigration and crime in the USA.
It has both the qualitative and quantitative aspects of research. The data collected are marked with series of codes to make major distinction in the data. In this case, the main codes are positive and negative. From the screened results, the defendants, who are the sample, are screened to establish if they use drugs or not.
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United States Court System Research
The adversarial system is rooted in the doctrine of ‘innocent until proven guilty’ (May et al., 2007, 159). The U.S. court system is clearly different from the inquisitorial system adopted in most European and Latin American nations, where the defendant is presumed guilty and should establish his/her innocence to the court (Neubauer & Fradella, 2010, 53).
Currently the agency also has the responsibility of securing all major airports across the United States and screens all the passengers and baggage in the commercial airlines. Although TSA has undertaken a number of risk management strategies, it has not fully implemented an effective risk management approach that informs strategic allocation of resources across the various transportation modes to help establish risk-informed priorities in the organization (Karp, A.
Since the prehistoric era, as Paleri (2008) states, war has been influencing the human psyche and until the limitations of war are properly understood, the importance of military security in conventional terms will remain a priority. As a result of such change in warfare, the two kinds of engagements common in the 21st century are the projected power to another nation and encountering insurgents in the homeland.
Purchasing through online sources has become a common phenomenon. Generally, the internet is considered a place for selling goods or items without any sales tax. In this respect, online retailers promote that sales of tax-free goods or items are available for consumers in order to attract more consumers.
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Judiciary is a very important component in the society. It is the role of the judiciary to ensure the rule of law prevails in the country. The judiciary is also charged with the responsibility of interpreting laws that govern a state. It is the work of the judiciary to provide a just and fair mechanism.
In many instances, the battle is a direct interpretation of whether an individual’s human rights could be directly applied or appreciated as another person’s human rights (Mignon, 2012). The bodies tasked with the mandate of ensuring that the laws are upheld ensure that they try as much as possible to deal with the challenges experienced.
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According to UPI, as of May 2012, the National Football League already faces 70 lawsuits by 1,800 retired players including Randy White, Bob Lilly, and Rayfield Wright and other players from the Hall of Fame.
Under the present criminal law, a person is entitled to 4 to 6 years imprisonment if the person is found guilty of printing or making libellous comments against another person. However, under the cybercrime bill, people who post derogatory comments or views on social media can be imprisoned for up to 12 years.
The All England Law Reports Denning Law Journal case commentary by Susan Edwards 2. Which court was it heard in? How many judges heard the case and why were there so many? Why did they only give one judgment? The case was heard in the Supreme Court of Judicature Court of Appeal, (EWCA) Criminal Division, Royal Courts of Justice, London on appeal from (1) Nottingham Crown Court, (2) Central Criminal Court.
All building contracts should be properly negotiated and enforceable before the actual work begins. The reliance on letters of intent will present numerous risks to both parties. These letters are an expression of intention to enter into a future binding contract thus there are potential risks of non-completion of the work.
The law provides different recourse in case a consumer finds a defect in the goods purchased or if the goods bought happen not t be of the quality needed. Under such a scenario, the law provides the retailer with the first option of either repairing or replacing the defective good within a stipulated time duration that is short enough.
When proving that there is a breach of duty of care, the claimant requires proving the following issues. To begin with, the claimant needs to prove that an action does not normally occur. This is where there is negligence. After this, the claimant can take advantage of the rule of law of evidence referred to as “the res ipsa loquitur”.
The applicable law is of negligence in torts. The paradigm test relates to an act or omission by the defendant, which causes damage to the claimant. Such damage should be due to a fault on the part of the defendant and should belong to the category of harm that attracts legal liability (Cooke, 2011, p. 4).
Evidently, community corrections program entails all non-incarcerating correctional sanctions that are applied on an offender in order to reintegrate him or her back to the community. The significance for community corrections is drawn from the need for options to jail, prison and or overcrowding of incarceration centers.
Frontway Clutches Ltd. Supplied faulty clutches to Mr. Conn, thus the supplier is responsible for the failure that occurred in Mr. McScrooge’s van. Second, even though Mr. McScrooge suffered the failure of the clutch, he did not present it to Mr. Conn as the evidence that the clutch he had fixed in his van was faulty.
This is because capital reduction “ is a capital re-organisation that has the effect of allowing the return to shareholders of capital would otherwise not be distributable.” In light of the situation, it could be said that though capital reduction could have impacted positively on pre-existing shares by raising the value of the share, it would have also brought about increased competition especially for existing shareholders.
Fundamental steps taken on the free movement of workers subjected Regulation NO 1612/68 to decreased bureaucratic formalities for Union citizens. Nonetheless, the general provision Directive 2004/38 removes obstacles of free movement to workers by giving them the right to enter and stay with their families without prejudice in member states.
They provide the English legal system with the necessary tools for the correct and fair application of the law. They are flexible yet rigid to ensure consistency of approach and certainty of law. Parliament has the power to enact laws. Law-making is subject to a complicated process. Courts in England and Wales have the power to interpret these laws.
Mentioned organs are the brain child of Scottish Law. The judicial system of the United Kingdom is diversified in a way that England and Wales have the same legal system whereas Scotland and Northern Ireland are pursuing a bit different legal system. There are peculiar rules and regulations in the legal system.
In areas of criminal law and in context of sentencing regimes there has been displacement of mandatory sentences by discretionary sentencing systems. One of the burning issues of criminal justice, which has remained controversial, is the way sentencing judges exercise discretion.
Incarceration arising from drug trafficking is what has fundamentally led to the crowding effect in correctional organizations i.e. state and federal prisons and halfway houses. The war on drugs has implied harsh punishment on persons found either using or selling drugs, ignoring the level at which it is practiced, as is the case with high-school children looking to earn some extra money to support their families.
Law enforcement agencies and the courts have similarly responded by applying new technologies in their approaches to ensuring law and order. In this paper, I identify some of the high tech crimes being reported in the United States today, technologies that are implemented by the police department to control crime and the gap between the sophisticated criminal environment and the nature of training and equipments that are used to counteract the crimes.
The success of married women outside of the 4 walls of their home and family situation makes for an even higher degree of accomplishment with regards to their sense of individualism and self respect. That said, it is still important to note that the image of the modern day woman still exists within the shadow of the past generations expectations of the female gender role in some instances.
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This trade secret might be different for failure and success alike. How perfectly a company defends its competitive advantage is mainly reliant on its capability to manage, identify, and also safeguard its intellectual assets. Thus, there is a problem here.
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The article itself focuses upon what the researchers believe to be of fundamental importance with regards to the issue of prison rape; the attitudes that are engendered by the prison wardens with respect to the issue. Like many federal acts, PREA (Prison Rape Elimination Act) is more incumbent upon the shareholders to enforce than it is for government watch groups to enforce.
The very fact that scientific dogmas and approaches are designed and conceptualized by humans makes them vulnerable and liable to inbuilt and sometimes deliberately planted flaws (Edmond 555). This challenges the “ostensibly objective, impartial, and entirely method predicted” image of science (Edmond 555).
Although the case bore the hallmarks of an open and shut case, the fact of the matter was that the way that the FBI handled the evidence and strong-armed many of the witnesses that were called served to ultimately weaken the case that they had against McVeigh. And these factors ultimately helped the defense to cast a seed of doubt into the minds of the jurors.
International law is a set of rules that are regarded and accepted generally as binding in relations between nations and states. This can be categorized into public international law, supranational law, or private international law. This paper has provided a comprehensive description of the different sources of international law.
The obligation of an act is one that is proof of a choice made, yet choice is what introduces the state of mind. In an attempt to make the criminal law more predictable and uniform, legal theorists and judges had to marginalize the principle of “intent.”
In 2010, GAO was directed by the federal government to examine how civilian agencies such as HHS, DHS, NASA and USAID conduct acquisition planning for services contracts. On its part, GAO reviewed the acquisition planning at these civilian agencies with the most spending on administration, professional and management support services.
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There is a wide scale increase in extrajudicial killings and violation of property rights and the reluctance of the domestic government can be attributed to the same. The judicial decisions in the recent cases are showing positive signs of relief for the human rights victims which can be said to be a positive dimension.
First of all, I would like to add a few more ideas to Dimino’s post. As stated here, parties’ right time choices matter a lot, because negotiation before the commencement of litigation and post litigation greatly varies. Also, it is important to know why one should choose arbitration over litigation.
But what are the factors contributing to success or failures? This paper aims to discuss the factors associated to successful or failure of intelligence operations but specifically focused on Iran’s denuclearization issue (Cordesman & Seith, 2009; Khan, 2010).
In brief, the driver of the police car, PC Swift, was driving recklessly. Ahmed, the driver of the ambulance, was not. Because of the collision, Sheila suffered brain damage that would not have occurred if the ambulance had arrived at the expected time. While it appears that the collision would break the chain of causation.
The primary legal issue revolves around the doctrine of equity in business dealings1. The plaintiff capitalized on the recourse to fairness for an appropriate remedy when the accused party in default, Royal Brunei Airlines, became insolvent2. The plaintiff aimed to achieve relief from a party who had a hand in the contract - Mr Tan3.
Common-Law defences were so much made outside questions of Freedom of Speech and conscience so that in defamation and libel cases, defendants were held strictly liable, whether the information they aired was false or true, that notwithstanding. The fact that such cases were made on a state-by-state basis, made Common Law somewhat harder to uniformly apply.