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Non-working spouses, particularly those who care for children, arguably contribute just as much, if not more, to the marital unit. They should be compensated accordingly. Moreover, the children, who often reside with the mother, also need some kind of financial stability. This may only be provided when the mother is awarded sufficient property.
In a world of huge and expanding businesses, everyone utilizes his right to protect his business and property. The Retention of Title (RoT) is one of such clauses in a business agreement that enable a seller of goods to protect his monitory and property interests; in case the goods purchasing company suffers bankruptcy.
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If the gifts fail to meet the formal requirements for the creation of a trust, the gifts may either become absolute gifts or devolve to Sophie’s estate. Each of these gifts, the relevant legal issues and consequences are discussed. Sophie covenanted to transfer the cottage in Dorsett to her trustees to hold upon trust for her disabled son Philip for life.
In chapters six of the book, Dempsey extensively addresses the aspect of business security. This involves how stores and other businesses can be made secure by a variety of security measures. Entertainment spots are also considered as being in dire need of security as these accommodate big numbers of people.
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There are many important considerations and factors involved in law enforcement particularly in the US. Law enforcement as component of the criminal justice system requires focus and ample amount of time for consideration to be more successful both in its inception and actual implementation.
To succeed in a tort lawsuit, it is necessary that the parties understand the basic principles and implications of tort. In tort lawsuits, the plaintiff seeks to make someone else responsible for the harm or loss suffered. Tort refers to a civil lawsuit in which the victim rather than the state initiates and manages the process of prosecution.
The conflicts developed in regard to rights recognized by the law are often quite strong. The reason is that the criteria set by legislators for the protection and the recognition of rights are often not clear, being open to different interpretations depending on the conditions of each case.
Was he alive today, Dicey would have taken great pride in seeing the manner in which his first two principles of the rule of law have influenced political developments, universally, over the last century? It certainly would also be interesting to hear how Dicey would defend his third principle on the rule of law.
In its narrow sense, precedent makes it incumbent for judges to regard certain prior rulings, especially those of the superior courts, as binding. As such, the common law method is founded on the doctrine of precedent, which constitutes the conceptual medium for bringing about the merger of law and justice.
There are also transitional clauses that help states control movement inwards, by other European nationals. The transitional clauses on the EU movement, two years within EU membership national laws and policies of the new Member State must be abrogated or amended to match with the EU’s labor market.
(b) it places or likely to place persons of characteristics shared by B at a particular disadvantage in comparison with those whose characteristics B does share with. (c) the provision, criterion, or practice puts or likely to put B at that disadvantage and (d) whereby A cannot justify his actions in pursuit of achieving a legitimate aim (legislation.gov.uk, n.d.).
Humanitarian Intervention-The Responsibility to Protect Development Name: Code: Collage: Date: Introduction Humanitarian intervention incorporates the use of armed military forces by a State against another state with the aim of protecting the life and liberty of citizens under humanitarian crisis who are unwilling or unable to free or protect themselves.
In the process of filing for divorce cases, the majority of these married couples would seek out legal pieces of advice concerning the legal distribution of their conjugal properties and financial assets. To minimize the complications behind the need to distribute conjugal properties and other financial assets after filing a divorce.
Amanda can claim the money but it’s solely the discretion of the Court as to whether she takes the whole £500 or part of it. The equitability of the words “… I regard the money in the account as much yours as mine” by Brian shall be construed concerning the conduct of parties. A trust is a binding agreement between a testator and the trustee.
The MMOF letter also stated that the defendant would cater to “any obligations of the Buyer to pay any amount under the Agreement when the same becomes due and payable or to perform or observe any term or condition of the Agreement”, which indicates intention in support for secondary liability, and therefore, not a demand guarantee.
y of convicts is not heeded I. Cases involving the convicts’ appeal has not been heeded II. There is no support for convicts who are justified to ask for there rights III. Disparity in implementing the law C. Necessity grew to nullify the original provisions of the law I. change in mindset necessitated change of the law II. Law was not any more holding III. Democratic revolution has happened requiring rights of people to be followed Price Media Law Moot Court Competition Case In the past as opposed to the current situation, criminal law system, did not a
The possibility of the rights of co-ownership between Susan and Edward is first ruled out given that Edward was the sole Registered Proprietor of the Columbus Farm and Susan had no legal ownership of the farm. Based on the mirror principle, the idea or concept that land is registered implies that the registration reflects the totality of interests and rights regarding the title of the land.
The deployment of private military and security firms in the quest towards offering security to the various necessities in the national pictorial implicates a series of concerns. These concerns are calculated from the public level, which includes the private sector and the citizen at large. In reference is a series of issues that emerges from this model of security structure.
In the UK, the Regulation of Investigatory Powers Act has been introduced in the year 2000, which defines covert human intelligence source as a person who “establishes or maintains a personal or other relationship” of a secret nature for facilitating information or to “provide access to information” or “covertly disclose information” to another person
The conclusion from this study states that it is true that British Parliament suffers serious democracy deficiencies arising from the system of government, plurality-rule electoral system, and selection process of the parliamentarians. A democratic parliament is one that includes a total representation of people’s interests, one that is accessible, accountable, and effective.
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.
Corporations Act 2001, informally known as Corps Act establishes the law for the purpose of governing business activities effectively in Australia at both interstate and federal levels. The focus of this law primarily lies on the companies, but still, it has coverage over various other business entities like partnerships and other schemes involving investment.
With concern to anti-discriminative policies, in Europe, the directive for equivalent pay for male and female employees was first implemented in the year 1975. Based on similar grounds, directive 2004/113/EC was implemented in order to expand the protection against gender discrimination in different areas of society.
The word system is referred to as how the law is applied to the courts and how the legal procedures are carried out in courts. It is more than any rule that is practiced or any law but it’s a complete process of the legal framework. England inherited the law of Wales, therefore when talking about the English Legal System we refer to Wales’s as well.
The Federal Law number 5 1985 Promulgating the Civil Transaction Code of the UAE addresses issues facing contractors seeking assistance for non-payment (Brendel, Barrette, & El-Riachi, 310). In the event, a problem arises pertaining to a contract, where there is a lack of “specific legislation to the contrary and where specific legislation is silent on a point in issue” the civil code provisions will apply.
Governments from tribunals and their conclusions are legally binding. Tribunals address special issues such as acts of war or genocide to avoid favoritism or manipulation. People invited to steer tribunals usually have experience in different fields often related to the case at hand to provide technical expertise (ADAMS A., 2006).
However, based on physical evidence and objective data from reputable organizations like the Human Rights Watch, the UN and the ICJ, Israel indeed deserves these accusations. These violations were properly documented and no matter what justifications of the Israeli government were for such violations, the fact remains that the law has been violated.
The reliance on these laws by the courts in the modern century cannot be compared to the past centuries back where courts had to rule at their own will on international trade cases. Even with many people against the powerless position of the courts, the positive side of this move cannot be overlooked.
Since the formation of companies, there has been constant discussion regarding the responsibilities entitled to directors for the efficient performance of the organization as well as the consideration and values rendered towards the interests of the shareholders. It is worth mentioning in this regard that directors are deemed to be responsible for the transparency and efficiency of all activities that are performed by the company.
It is a challenge defining the term ‘sham employment’ since there is no accepted definition. However, having said that, there are a number of scholarly definitions for the term that have been made. One of the definitions describes it as a ‘disguise’ that is put up so as to hide the underlying factor.
In general, financial claims for proceeding mutual adjustment in case of married couples, applying for divorce or separation, consider splitting the property equally where both the individuals enjoy same benefits. A property adjustment order proceeds to transfer the ownership of the property from one partner to other.
Mary joined a local gym on the 1st of March, and on the 20th of March, she viewed an advertisement stating that any member of the gym who introduces s a new member and buys a yearly membership will be rewarded with an amount of £50. The claim of the reward is to be attained through the card available at the reception of the gym.
There are two components in the Budget Control Act 2011that are designed to initiate “a sequestration of discretionary and/or mandatory (or direct) spending” (Saturno & Heniff, 2009, p. 17-5). Tax Component of the Act – allowing Bush tax cuts to expire George W.
This word was included in the statutory formula to emphasize the gravity of compulsory intervention and warn the court that an order should not be made in trivial cases. Of course, the courts may indeed most likely decide that the child may be removed from the home until a thorough investigation can be conducted into how your son was poisoned.
The EU legislative process is ample because the introduction of the Lisbon Treaty offer two main decision making process for agreeing legislation. The entry of Lisbon Treaty led to the introduction of ordinary legislative procedure and distinct legislative procedures as the significant process through, which EU can make an effective decision power of the EP (T Christiansen and L Torbjorn 2007, p, 36).
Respecting the individual autonomy, the medical law has presumed that the adults have a capacity or competence to decide for themselves as to whether they consent for the medical treatment or refuse it. Their decision can be made regarding their medical examinations, investigations, procedures and treatments and this decision is responsible and respectful so it must be fulfilled (Hope, p.
Generally speaking ethics involves distinguishing between that which is right and that which is wrong or that which is good and that which is evil (Braswell, McCarthy, & McCarthy, 2012). What is right and wrong and what is good and evil are typically informed by individual “beliefs and values” which are in turn informed by “our parents and friends” and by the “communities we are a part of” and “by our own perceptions” (Braswell, et.
Human rights are interdependent and indivisible: International protection of human rights Introduction Human rights are one of the most essential rights which are attributed to all citizens regardless of age, religion, creed, nationality, gender, and other demographic, political, or personal considerations.
Given that the law on land ownership protects even the interests of the tenant, those who find land laws as tending towards capitalism must appreciate their wrongness. Tenants who are relatively poorer than land and real estate owners are protected from the oppressive and exploitative acts of landlords or landowners through special provisions.
“The criminal justice system of the British revolves around Police, Courts, and Crown Prosecution Service. It is the responsibility of the CJS to take care of the individual rights” (Conner et al., 2008). In case, the evidence collected by the said agency is not reliable, it will lead to the acquittal of a defendant person.
The act of the police officer is done upon his or her suspicion that a crime may be undertaken because of a sense or reasonable belief that the person in question may be armed and presently dangerous. This was the decision that the courts reached when they read the facts of the case as per the petition of John W. Terry, who was stopped and searched based upon a police officer's observation and conclusion that Terry seemed to be casing a store for a potential robbery.
Piracy is a phenomenon of deliberate infringement or unlawful production and distribution of copyrights of digital products through the medium of the internet. This can be done with videos, music files, software, e-book, movies and so on. In another sense, piracy is an illegal activity where the creativeness and hard work of people are exploited for the mean benefit of some sect of people who have a selfish motive to earn money.
The ruling meant that at times federal law did have a larger influence in the courts of law, and thus state law was not always dependable as a basis for final decision making. The use of homegrown marijuana was also officially termed as unacceptable despite the reasons behind such as medicinal purposes under the CSA.
The status of union does not affect the delivery of payment. However, this formula will be applicable for all the employees whether they are part of trade union or not. Many provinces in Canada have made it legal process to assist the labor unions for paying the pending dues.
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An offeror who is not satisfied with the government contracting method can adapt three ways or procedures for protesting against the method. One of the options to protest against the government contracting method is by filing a bid protest. The bid protest can also be filed with the Government Accountability Office (GAO), or with the US COFC.
The discussion provides a clear overview of these concepts which include franchise, essentials of contracts, the zero hour contracts and the concept of leasing. Emphasis, therefore, placed on the benefits of these concepts but at the same time highlighting the shortcomings where necessary. A franchise is a method of distributing products and services, which allows for rapid expansion while at the same time spreading the cost of expansion.
How the UK law views the relationships is that the partners are considered to be merely two people living together under the same roof, therefore the property division between the parties is settled not through marital law, but through standard property law. Cohabitation law may extend to opposite-sex couples, same-sex couples, and platonic pairs.
The warrant was issued for default in the payment of the fine in 2003 for a non-indictable variety of civil contempt. He was first taken to Burlington County Jail, where he stayed for six days. He was strip-searched thoroughly for body marks, wounds, contraband, etc. All his body openings like nose, mouth, and ear, including genitals were examined.
Abuse of power also leads to poor education standards in a country thus leading to raising an unqualified workforce. When political leaders in a country are corrupt, they will not commit the county’s finances to the development of educational standards. Thus, most of the citizens end up remaining uneducated.
Special attention is given to the three-strike law and evaluation of its effectiveness since the time it was passed. Goals and Types of Sentencing Sentencing is defined as “an imposition of punishment on an offender following conviction for a criminal offense” (Champion, 2008, p.2).