Law Essays

Generally speaking, intoxication can be utilized as an option of defense and it pays emphasis to the inability of a defendant to create a criminal intent before conducting the crime. This means that intoxication defense is based on the abuse of alcohol and both legal and illegal drugs by the defendant.

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.

I am painfully aware that my family circumstances and financial difficulties constitute disadvantages which disrupted my educational opportunities and advancement and resulted in my poor ISAT score. However, I do not consider these disadvantages to be permanent obstacles in my search for a better life.

The Warsaw Convention institutes the following: The obligations of international air transporters from harm to goods, passengers, and baggage; answers that liability and attains a degree of consistency and documentation, processes and substantive law relevant to the claims that may arise from worldwide air carriage.    

Though there are proven serious effects of increasing violent video gaming, the government is not able to completely restrict and ban the sale of video games to children. The Supreme Court on a Californian statute that sought to restrict such materials made a ruling that such restriction would be illegal and against the First Amendment.

An arrest warrant in Michigan is typically valid for 99 years. Police do not need to request an extension if the suspect is not found and brought in within a specific timeframe. An arrest warrant can be removed if the suspect is arrested or if probable cause no longer exists.

Ethics, which are also referred to as moral philosophy, involve the study of what is right and wrong, and how society is supposed to live. It involves making moral judgments by deciding what is right or wrong, good or bad. It, therefore, means that ethics exclusively address the logical and reasoned ways of interpretation of the issues that we engage with during all activities in life. 

Somerville is an area with many people of diverse cultures. Over 77,000 people who migrated in from various countries such as Brazil and El Salvador occupy the area. The community is friendly, and the people are sociable in terms of livelihood and working.

This paper aims to discuss JP Morgan Chase with respect to the trading loss which was faced by the bank in the summer of 2012. JP Moran Chase is one of America’s largest banks and their case was primarily dealt with by SEC. In addition to this, the paper also discusses the different responsibilities of the SEC and CFTC, elements of a valid contract, tort actions, contractual relations, and fiduciary duty.

These similarities are particularly depicted in the relationship between the states and the federal government and have also been pivotal in informing the federal government responsiveness. The similarity is seen in privileges accorded to citizens of a state when within other states, in how the states cannot act on territorial issues without consent of congress and how every state is accorded the autonomy (Curray, 2007).

A pro-life group sponsored the challenge. An embryo, as defined by the Act, is a live embryo that has gone through complete fertilization. Cell nuclear replacement has no fertilization process, and it is a cloning process and had not been considered during the drafting of the Act.

The four prospective buyers of the kittens have created different situations for the sale and purchase of kittens in the process of transaction. The first buyer, Xavier visited Zara to see the kittens and booked the youngest one promising to buy it after he returns from a visit in around 3 weeks time.

A renewal operates to replace the expired franchise contract. All state laws refer to the right of refusal to renew or non-renewal parameters with a general understanding that should the parties renew the franchise, it is on very different terms and conditions (Barkoff and Selden). The main issue is usually whether or not the terms and conditions.

According to the study companies and organizations are in competition to get high traffic of visitors to their website. To attract high traffic, companies and organizations are competing in developing websites that are not only attractive in terms of design and navigation, but also have reliable and professionally written content.

This paper makes out the most logical step in crime mapping based on the prior introduction of 3D computer-aided crime mapping that enables individuals to scrutinize a crime or felony in all dimensions. Factors such as the benefits and liabilities associated with crime mapping, and ways in which 3D technology is used to deal with social problems of crime.

A number of researchers have proven that mental and substance disorders have contributed to many people being on the wrong side of the law. It is therefore very important and crucial for the criminal justice system in every country to incorporate treatment programs and facilities to help decrease the number of criminals.

The first aspect is the way the Aboriginal people are colonized internally in Canada through processes of cultural suppressions, breaching the trust and promises, legislative, dispossession, and public discrimination. The Aboriginals have no freedom of dispossessing their traditional resources and land in Canada. 

From a wide range of literature on the topic of crime scene investigation, reviewed during the course of this study, it transpires that Crime Scene Investigation is a crucial component of the law enforcement system. Evidence produced in a court of law can make a difference in the life of an accused person.

It was passed into law in 2010 by the incumbent president of the United States. This was after futile attempts by the previous administrations in making significant reforms in the US. This is positivity concerning the health sector, as it will enhance the provision of services in the health sector (Maglione, 2011).

Misrepresentation is a vitiating factor to a contract, and actionable misrepresentation entitles the innocent party to several remedies. For a statement to be an actionable misrepresentation, it must satisfy several requirements: it must be a statement by one party of a contract, to the other party. Misrepresentation by a third party, as a general rule, shall have no effect on the contract.

Several of the international and regional treaties have clearly included this prohibition. The regional systems and the UN have declared that some features of the death penalty cannot be permitted. These aspects have been considered to be cruel, inhuman, and degrading treatment or punishment.    

Ewing failed in the qualifying examination of the university and decided to use his right to retake the exam – as all students in a similar position. However, the University did not accept the request of Ewing. Ewing considered this treatment as unfair on the basis of the Fourteenth Amendment to the U.S. Constitution and sued the University for violating the rules of the above legislative text.

The practice of detaining the criminals and offenders could be traced to the very dawn of civilization. However, the practice of keeping the offenders behind bars for punishing them is a very recent invention.In Europe, the offenders hailing from the lower sections of the society were subjected to politically and commercially conducive confinements.

In any society, criminal law is a significant element that keeps the configuration of peace of society intact and helps in the elimination of any acts or proceedings which may or may not negatively affect the society. Criminal law provides general principles which make us aware of our responsibilities being human beings and a part of this society.

Since September 11, 2001, terrorist attacks on the United States, terrorism has taken center stage in America’s political concerns.  As a result of the attacks, most Americas became even more aware of terrorism, and its implications, including its causes and effects.  The knowledge of the Americans about terrorism also expanded and the stereotypes, as well as the actual information about terrorism, were blended with each other. 

The legal issue was not only whether or not the misleading statement changed the view of the plaintiff relative to the merger, but also whether or not the misleading information was such that it induced the plaintiff to agree to the merger. Northeast Utilities argued in return that Consolidated Edison was simply suffering from buyers’ remorse.

Agency theory is entirely an academic term and it defines the relation and conflicts between a principal and an agent. With the help of corporate governance any corporation and company can be managed and governed. Agency theory is a part of corporate governance as corporate governance is not complete without the committee members, shareholders and board of directors of a company.

The conditions embodied in the agreement define the relationship of the parties, including their rights and obligations. In determining the limitations and extent of the contractual relations, all laws and regulations pertinent to the subject matter are deemed incorporated into the agreement notwithstanding that the parties neglected to explicitly include the relevant provisions in the agreement.

Does international law adequately address the right of self-defence? A critical analysis of use right of self- defence in international law. Introduction International laws are the primary governing rules of all nations. These rules direct the activities of countries and territories, helping ensure that the proper rights which relate to statehood and state protection are in place and are respected by all nations.

The offeror makes the offer while the offeree accepts the offer. In addition, an offer can be made to the whole universe and anyone can accept it. For instance, a manufacturing company advertised that no one who used their product would suffer from flu, and if he caught flu even after using their product, he would be paid ?

The use of special operations and military force in police operations can lead to “stand-off’s” and “sieges” like the Ruby Ridge incident in which innocent civilians died, wrongly targeted by law enforcement. The example of Ruby Ridge thus calls for restraint and a revision of tactics in Critical Response in terrorist apprehension.

In criminal law, the state may order the individual who has committed the crime to compensate victims; however, in the law of tort, victims are not part of the criminal action and they themselves sue criminals for compensation. According to Paul (2011, p.225), law of tort is desirable for risks that third parties are involved in and there is no information.

Although crime exists everywhere, it is more rampant in the poverty zones. According to Siegel & Worrall (2011), people who live in poverty face an increased risk of adverse outcomes like criminal activities and poor health. In addition, poverty is mostly accompanied by unemployment such that the victims of poverty cannot adequately cater to their basic needs. 

Only those inmate participants will be selected in this study who were convicted of at least one criminal offense as a juvenile, and they might have committed a variety of offenses, including violent crimes. The sample will include subjects of diverse race, culture, ethnic backgrounds, socioeconomic status, educational levels, and experience in order to ensure a representative study.

In defamation cases, the media usually has certain privileges that they can raise to defend themselves. The Reynolds privilege is a case that came up with the tests for deciding whether responsible journalism was upheld and if the defamation was imminent concerning the circumstances. Does Reynolds privilege apply in the case study and determination?

Merchant A wants Merchant B to pay for goods against delivery of shipping documents. Merchant B refuses to pay for the goods since they have not been delivered and their where about not certain. ‘With the above facts, the following legal implications according to the UK law and International law can be deduced.

In order for a court to hear a particular case, the existence of jurisdiction needs to be checked. Jurisdiction reflects the ability of a court to intervene in a particular case and it is divided into two major categories: subject–matter jurisdiction and personal jurisdiction; the latter is critical for the particular paper. 

They are the groups that are given the liberty to protect the citizens of a given place from all kinds of crimes and unlawful activities. These organized crimes are found mostly in areas where minority groups exist or so many people believe (Mastrofski, 2012).

The EU law was thus formulated to serve the joint interests of member states in the union and reconcile varied opinions from member states about matters pertaining to the deliberation of justice. The procedure here is reference rather than precedence since any national court in the union does not take any precedence from the EU law.

The death of a shareholder does not end the legal existence of the corporation. Having a separate legal existence, a corporation can sue and be sued in its’ own name. Only in the case of bankruptcy or acquisition by another entity does a corporation cease to exist. Thus we can see that the advantages of the corporate form of business are far more than its disadvantages.

The author of the paper will begin with the statement that under a sales contract, a letter of credit (LC) is a payment that is initiated at the buyer’s request and instructs the bank to issue credit for the seller. Through this process, the bank is committed to offering payment towards the seller according to the terms and conditions of the credit.

First, it is important to address your residency for tax purposes. As you are aware, for one to fall under the jurisdiction of Australia for tax purposes, they must have been residents during the income year. With regards to taxation, residency does not necessarily imply domicile or nationality.

Product liability lawsuits make manufacturers of goods compensate consumers in case their goods and products become defective. This means that when unsafe products harm an individual, he may have a cause of action against the manufacturer, the person who designed it, or the seller. In the United States, for instance, product liability suits are effective tools for consumer protection.

Via compliance with obligations agreed upon, the nations aid in ensuring that the other states comply with their own. Aside from a mutual benefit, all nations have an interest in abiding by the law, especially in such areas as ocean and sea resources, as well as environmental protection.

Perhaps the most efficient implementation approach is the Synthesis approach with Top-down and Bottom-up approaches as its constituent elements. The advantages of the Top-down approach are the following: there is early awareness of the end product and benefits are realized in the early phases.

This case involves an infringement of intellectual property rights. Intellectual property involves creations of the mind, artistic work, symbols, names, or images used in commerce. Intellectual property has two divisions in that it includes industrial property such as trademarks and industrial designs

This was an important case with respect to intentional sex discrimination and never before had such principle of law been enunciated by the Judiciary. In the light of the selected case, teacher by the name of Roderick Jackson, teaching in the Birmingham, Alabama public school system, brought a suit against the Birmingham Board of Education alleging that the board retaliated against him because he complained about sex discrimination at Ensley High School.

The author of the paper will begin with the statement that John is an under 18 child (minor).  The law is usually very protective of minors. The general rule is that a minor is not eligible to enter into binding contracts unless they approve such contracts when they attain the age of the majority or if some other exceptions under this rule exist.

There is no doubt that the preliminary reference system about the principles of primacy and its direct bearing, re-defined constitutionalism in European law and re-allocated the powers at three different stages. The different stages are known as the superior level, national level, and judiciary level.

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.