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Megan and Hugh seem to disagree on the issue of whether Megan should get spousal maintenance. This is because while Megan believes that she should get spousal support from Hugh, Hugh on the other hand is not willing to pay spousal support for Megan, saying that she should look for a job and support herself.
This leads to the creation of an impropriety of appearance basing on the unfair competitive emanating from the individual’s access to the source selection information that is sensitive and non-public propriety is sustained where the officer in charge of contracting never put in mind the matter, because the awardee did not bring forth to his attention.
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Employment discrimination is the term used for discriminatory practices in employment that may include but are not limited to recruitment, promotion, termination, assignment of job, compensation, and different ways of harassment. Employers do not have the right to discriminate against an individual based on his sexual orientation or preference.
I have always wanted to adopt a career which revolved around helping others. Throughout my life I watched my father, who is a lawyer, making efforts to bring a positive change in people’s lives and for me this was the perfect way to live.
My Lady, the appeal before you is for the determination of whether a judge in a trial court erred in law in his decision in favor of the respondent, Ms. Edwards. The Appellant, the University of East England argues that the trial judge erred in law in his determination that a term in a tenancy contract between the University of East England and Ms. Edwards.
The author states that the rule of law, therefore, contemplates that where administrative decisions can impact the interests, privileges, and duties of individuals and corporations, there is a legitimate expectation that they will be treated fairly unless there is a “clear manifestation of a contrary statutory intention.
If any amount of benefit derived by an individual outside the United Kingdom is received by him or anyone related to him in the United Kingdom a charge applies under a remittance basis. The changes brought under in tax rules since April 2008 have led to the removal of “personal allowances from remittance basis users”.
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On the other hand, this doctrine gives an employee the right to terminate the relationship with the employer. Generally, an employee will be relieved of his or duties by the employer if he does not perform or if the employee is incapable to acclimatize him or herself to the position’s requirements (Mark et al., 1987).
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The external shareholders are represented by two distinctly different groups. The first, and most obvious of these, is that of the individual patients. As discussed in the preceding analysis, these are those individuals that must make use of the hospital and its facilities as a means of bettering their own health or the health of their loved ones
Judicial notice and presumptions are used to make the process of testimony giving more efficient. Judicial notice is used in reference to instances when there is a need for a party to ascertain a fact, which is often not subject to reasonable dispute. In most cases, such a fact is a generally known fact or can be determined easily.
Cross-examination on the complainant’s sexual history with others was permitted if the judge was satisfied that the defendant would be unfairly prejudiced otherwise. Sections 41-43 of Youth Justice and Criminal Evidence Act 1999 now restrict cross-examination in rape or sexual assault on the complainants’ sexual behaviour unless leave of the court is granted.
These three consist of (i) The Ministry of Justice, which is concerned with the magistrates' law courts, the Appeals Courts, the Crown Court, the National Offender Management Service, and the Legal Services Commission (ii) The Home Office under whose jurisdiction are the police
A contract is a written legal document in which the points on which both the parties have their points of agreements and it is mandatory on the contracting parties that they unanimously agree on all the points. Agreements that are not made in white and black usually lead to problems later on; therefore it has become customary to make agreements in black and white to avoid any future unpleasant issues.
According to the paper, consumers who have purchased goods and services through mail order outlets in any member state shall have the right to withdraw unilaterally from the contract within 15 days of the date of placing the order by giving notice to the supplier. Within 7 days of receiving such a notice, the supplier shall make a full refund.
The courts are under an obligation to follow the Parliament’s Acts and cannot overrule legislation passed by the parliament and no Parliament can pass a law that the future Parliament of the country cannot change. The sovereignty of the parliament is the essential part of the constitution of the United Kingdom.
The four sources of law shaping the English legal system (primary statutes, delegated statutes, Community law, and judicial precedents/case law), have all contributed to the formation of laws within the English legal system. A hierarchal structure has been established with Community law prevailing over English laws.
What are the main constraints for the effective enforcement of the antimonopoly law in china?
Antimonopoly law in China was introduced following the restriction of competition mostly in sales and commercial activities, affecting the fair distribution of resources among the people of China, and its territories.
Calvin Stark was convicted within the Superior Court, Clallam County Washington, of two Counts of second-degree dishonor for intentionally disclosing his intimate partner to the HIV (Human Immunodeficiency virus), and he appealed. The Washington Court of Appeals asserted and remitted the case for commutation.
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This paper also identifies the functions of legal services in the United States such as helping persons who are economically and socially disadvantaged to clearly understand and protect their basic rights. Legal services have also served the function of bringing thousands of private lawyers into the civil legal aid system to act as providers of services that are pro bono in nature among other functions.
NVCS provides a detailed picture of crime incidents, victims and trends. NCVS estimates the total amount of annual crimes and not just the ones reported to the police. Non-reporting is a significant issue: typically less than half of all violent victimization and about 40% of all poverty crimes are reported to the police. Thus, NVCS gives a more complete picture of the nation’s crime problem.
on. Before the Court of Appeal, there is an appeal. Petal’s case was dismissed on the basis that it does not qualify or satisfy the requirements for the award of compensation under the Criminal Injuries Compensation Scheme 20011. The CICA argued that, Petal’s injuries were not as a result of a crime of violence and as such refused the application stating that, her injury was a mental injury for which award of compensation was warranted.
A case note on the decision of the Supreme Court in Autoclenz v Belcher [2011]. The Supreme Court in its latest decision concerning Autoclenz ltd v. Belcher and Others focused on applying the right approach in solving employment disputes of written contracts1.
In the case of Michigan, the procedure of disciplining judges will have to be consistent with the Michigan Rules of Professional Conduct (MRPC) which was adopted and effected by the Michigan Supreme Court on October 1st, 1988. Alongside this, the principles disclosed in the Board of Law Examiners and the Code of Judicial Conduct are to be followed during this disciplinary process, as shall be seen forthwith.
Jeremy can be held liable for causing mental harm on the lines of principles laid down by Wilkinson v Downton. Annie’s weak heart cannot be a defense for Jeremy although Tess has not suffered by the same act as Jeremy. What is important to consider is the intention to bring about the particular outcome.
Case Study Name: Institution: Case Study Question 1 The case study, when politics trumps policy, clearly demonstrates how politicians can influence decision-making using their powers. Apparently, the satisfactory policies within the prison system are evident because there has been a notable reduction in recidivism by a mere thirty percent, but a politically inexperienced governor feels that it is necessary to eliminate these programs thought it is necessary to eliminate the programs.
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In other words, this organizational level of policing is limited only to investigate matters or enforce the law under the jurisdiction of the federal government (Siegel, 2009, p.208). Law enforcement duties associated with policing at the state level include government agencies with law enforcement duties like investigations and state patrols that are integral parts of the Department of Public Safety (Cole & Smith, 2009).
Majority of the people in almost all the countries in the world conceive that human rights are associated with the attributes of optimal protection and respect.
The law in this case involves the aspects of negligence from both parties.The law that applies to this circumstance involves contributory negligence as outlined in the case law Brown v. Kendall Application Its application points to the fact that negligence was committed by the two parties.In regards to the staff capacity of a building,both the seller and the buyer were required to ascertain before making any decision.Like in the case Brown v.
A number of wildlife rangers a killed annually by poachers, who are interested in poaching wild animals. These individuals know best what should be done regarding this law, and how firearms should be controlled. At least their lives will be spared from them. Losing people from the entertainment industry seems to be the notion of the day.
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Of these inmates, the male inmates were 1,337,668 while the female inmates accounted for 96, 125. The number of the female inmates has been on upward trend. From 1977 to 2004, the population of the inmates has increased by 757%.
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For the researcher, a negative aspect of public access is that the information may not be as accurate or some information may not be current. Depending on the type of data the researcher needs, there is also the matter of fees as mentioned earlier. The more data the researcher needs, the more costly a people search report is.
Moreover, the investigations spilled over into other areas such as the connection of the police, politics, data protection and how some of the eye sore malpractices could be curbed in the future. To some extent, the police and politicians were included in this inquiry because of their perceived close association with the press and somehow underhand dealings that were unravelled as more evidence continued to be gathered.
This involves execution of necessary laws and regulations to prevent crimes from taking place particularly within a country including the national borders. Drug and human trafficking are among some of the most serious crimes in the country (Stark 2011, pg.
Sections 34-38 of the Criminal Justice and Public Order Act 1994 reversed the Court of Appeal’s ruling. Accordingly, where a defendant fails to state facts while being interrogated by police that is subsequently raised during the trial or fails to give evidence at the trial, an adverse inference can be drawn.
Delia can sue Patrica for some of her acts. From the case study, it is obvious that the former occupant (Geraldine) of the No. 1(a) granted Delia a right of way by deed. Since Delia was granted the right of way by deed, it is still valid even though the ownership of the property has been transferred.
The jury secrecy rule assumes that jurors automatically take their oaths seriously and that jurors are all capable of putting aside their prejudices and focusing entirely on the evidence. This is an erroneous assumption particularly when jurors are selected in a random nature from the electoral poll.
Montaldo (2013) explains that the ethereal child was apparently the victim of an abduction attempt gone awry, the regular child beauty pageant participant was gagged with duct tape, strangled by garrote, and apparently raped by the unknown assailant. The Boulder, Colorado police force was puzzled by the clues that they found at the crime scene at the time as nothing in the area seemed to make sense to their trained deductive minds.
Different schools of thought have different contributions to the emergence of classical law. However, classical law emerged during industrialization in the early nineteenth century. During this period, the writ system had immense haphazard effects because of the diversity in the United States law and the tendency of its courts to introduce exceptions to certain rigorous requirements.
As per the legal terminology, homicide comprises two sorts of major offences, one is murder and the other is manslaughter. It can further be divided into two different categories a) voluntary manslaughter and b) involuntary manslaughter (Ashworth 2006).
The field of law is one of the most important fields both historically and in the contemporary environment. This is from the fact that for any given setting to run appropriately, laws should exist to govern and thus serve as the ultimate authority. One of the most common laws practiced is contract law which has had avid effects on the British population over time.
Based on the Lands Registration Act of 2002 s 1 (1) which incorporates various laws and legal issues concerning the land transfer and ownership, once Abigail sold the house, she transferred all legal rights and liabilities to Stephen the new owner and just as it happened in British American cattle Co v Caribe Farm Industries (1998) 1 WLR 1529, Stephen gets awarded the new certificate of ownership.
According to A Limited Liability Partnership 2000, limited liability is possible in LLP’s because an LLP is a legal entity entirely separate from its members and as a result, is liable for its own debts and owns the business assets. Partners act as the LLP’s agents, and have limited liability, at least up to their contribution-monetary-to the LLP.
Psychologist believes that criminal activity is a learned behavior and an individual commits criminal activity because he learns to do so due to his experience and interaction with the environment. Sheldon produced a theory of crime in which he linked certain body types with criminal behavior.
The principle established in this case is the equity requiring that the person receiving a property from another person for a specific purpose cannot treat it as his or her own and should use it only for that specific purpose; also, the transferee cannot keep that property if that specific purpose cannot be fulfilled, as interpreted by Peter Gibson J.
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Similarly, an employee is also free to leave the job at any moment due to any cause or for no cause without any negative legal outcomes. The disclaimers of employment-at-will principle are essential employee guidelines in the US (National Conference of State Legislatures, 2013).
Treaties are one way, although treaties are not prescriptive – they exhort principles that nations are to follow, but how these nations actually implement laws that comport with these principles is up to the individual nation-states.
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 ‘European Court of Justice has created certain guidelines for those members of the community who are disobeying the EU law. Contextually, state liability emerges from the aspect that the EU Member States that are bound by the treaties are accountable for the development regarding the execution as well as enforcement of European Union law.
Most countries’ family law reforms are based on the assumption that the divorcing couples have identical interests hence a possibility of a single negotiated outcome. Regrettably, this is not the situation since differences such as gender-, age- and resource-based issues and imbalances must surface in such disputes.
As such, since the employer was completely oblivious of his depression then any eventuality emanating either in part or in full as a consequence of his condition is not under the liability of the employer. This leads to the second assertion. Since Robert’s condition is assumed not to have been known than his suicide could not have been foreseen.