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This proposal provides a formidable solution to ATM theft through the adoption of biometric technology which is hard to copy or impersonate. Fraud attempts targeting Automated Teller Machines (ATMs) cards are on the rise. Skimming is one of the techniques used by criminals in this case where they scan or copy personal information.
In other words, the actus reus of a crime is tantamount to all essential elements of a crime apart from the state of mind of the offender. This means that the actus reus under criminal law will include but not limited conduct, a state of affair, causation or an omission (Gardner & Terry, 2012: 54).
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The prosecution of persons that the government classified as international terrorists soared sharply in the twelve months subsequent to 9/11. However, there is data indicating the number of these prosecutions has gone back to what they were prior to the attacks. This reduction is surprising given the terrorism threat is much greater today.
In an effort to prevent contraband materials from entering the jail premises, a change in the procedures in Mail management took place. Prisoners complained about it. Civil Rights groups and media took the issue to the public. Complaints were filed against the Department of Corrections, stating that there are violations of the First Amendment.
Civil Disobedience is an act of going against the government, disobeying the government’s laws and establishing their own. Civil disobedience is a powerful weapon when used wisely but it also needs to be a firm one to have any effect at all. A good citizen is not someone who indulges in such acts but when the Government itself puts its interest before the people, it becomes necessary to go against the governing body.
Business litigation happens to both private individuals and public business entities since they are all involved in legal issues from time to time. The paper provides a definition of business litigation. The paper also discusses the instances under which business litigation happens and the cases which involve business litigation.
Capital punishment is also referred to as the death penalty. It is a judicial decree that requires capital offenders be sentenced to death (Goldman and Ann, 321). It is normally done in diverse ways, which include hanging, lethal injection, electrocuting, gas chamber suffocation, electric chair or shooting among others.
The nature of riots has always been contentious when it comes to the law. It is the right of the people to protest against any form of social injustice. However, on most occasions, protests always turn violent and they lead to riots when criminal gangs exploit the opportunity to vandalize and steal from people. Five people lost their lives and more than 2000 people were arrested.
Statistics from countries like the United States of America prove the fact that there has been a reduction of crime. In the U.S., a report put forward by the FBI on 29 October 2012 highlighted the fact that from the year 2006 till 2011, the crime rate in the country had been showing a downward trend and there had been a constant decline in murders, sexual assaults and incidents of robbery.
Rachel and Monica paid a visit to the Pick and Run Supermarket when it was carrying out its close-down sale. Monica bought a set of Kitchen knives, a frying pan, and a pair of scissors. When Monica and Rachel were on their way out of the supermarket, they met their friend Ross’ new girlfriend Charlie.
Well over 76 percent of these convicted felons are usually assessed at relatively low-risk levels in the process of active supervision. Hence, the offenders monitored by the probation officers require minimum supervision intervention and monitoring. The crime rate has increased leading to a consequent upsurge in the number of criminals in the population.
The person’s failure to comply with current court orders, and offence committed whilst on license should also be addressed in cases involving an assault. The failure to respond to warnings expressed by other people about the offender's behavior should be addressed in such a case. The commission of crime due to the influence of alcohol or drugs should be addressed.
A fiduciary relationship typically arises when one party transfers money to another and confers upon the recipient/holder of the fund's discretionary powers to improve and protect the beneficiary’s interest in the funds transferred. There was no doubt that Alice intended for Beatrice to protect and advance the funds she transferred to Beatrice.
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To complete the requisites of the contract of employment, the Santander employee should have this contact in writing and must be fully understood that the employee will work in accordance with the nature of the job on behalf of the employer. The workplace will be specified in the contract based on agreed amount of salary.
The nation of Iraq is currently regulated overall by its federal Constitution of 2005, instituted two years after Saddam Hussein was removed from his dictatorship. When this government was dissembled, new laws and regulatory processes had to be installed and the Constitution (2005) was the first put in place. All other laws and regulations would stem from this piece of legislative work as time went on.
In the case of arbitrations also, the most effective means of giving redress has been by the payment of compensations. It is in view of the punitive outcomes of the cases that a conclusion is drawn that the current mechanisms of dispute resolution in addressing international environmental cases are ineffective. But comparatively, however, the court system is more ideal than the use of arbitration.
The problem of division of power was not settled until the Supreme Court made the decision to adjudicate the matter regarding the winning of the largest political contest of the country. The decision of the court to enter into the deep conflicting situation at that time was considered to be as inappropriate by the large group of veterans, law professors, media persons, political analysts and court watchers all over the U.S.
/Madam, RE: APPLICATION FOR A LEGAL ASSOCIATE POSITION I am writing to apply for a legal associate position at the World Bank. My passion, legal experience in law, and a rich academic background give me an upper hand in delivery of service in this position.
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Individual liberties have extra strengths than weaknesses. Among the merits is the obligation of the government to guard and protect the liberties envisaged in the law at the same time uphold order in the society. Nevertheless in the process of guaranteeing order, the government fails to honor the rights of people.
Sexual Exploitation by Child Molesters Sexual abuse of children mostly occurs because parents are not able to identify potential perpetrators and, therefore, there exists a need for intervention to offer parents a portrayal of the types of activities that a molesters generally employ to attract their victims into the sexual act.
Evaluation of criminal justice authority or discretion is of considerable significance; it ensures that no personnel in the criminal justice systems misuse or abuse power. Discretionary authority is widely practiced in the various fields of criminal law justice. For instance, police officers use discretion.
Generally, a tort refers to a civil wrong, one that a remedy, in terms of compensation, is usually available to the person who has been wronged in a civil court. Usually, there are duties owed to people in different circumstances, and for wrongful or negligent actions, there is liability imposed by law.
If the damage is minor, the buyer has an obligation to return the product to the seller for mending, replacement, price cutback, or even refund depending on the case.When the damage proves serious, the buyer is allowed to refuse the product and annul the contract
The Miranda rights constitute informing of an individual who has just been arrested or one who is about to be interviewed while in police custody of what they should or should not say. The statements made by an individual in police custody can be used as evidence against them in a court of law. This right is guaranteed by the 5th Amendment of the US constitution.
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The reports we have received shows coherence that the gang realized that their tattooed body makes their recognition simple by the law enforcement authorities and has since dropped the “trademark” identity formerly associated only with the group (Logan, 2009).
It was enacted in December 13, 2010. According to this policy, infancy obesity is a hefty and a rising problem since it leads to an elevated rate of type 2 diabetes in children. In addition, obesity brings about high blood pressure and early signs of cardiovascular risk.
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Recipients of welfare are required to pay for drug tests; many of them do not have the money to pay for such tests. If such people fail such tests, then, they are denied the welfare for a whole year (Dilla 585). Consequently, such people do not get the welfare for a whole year; this is not fair for some people who may be in dire need of such welfare.
Community corrections programs are established to ensure that offenders are in effect held accountable for the crimes they commit and in the meantime, ensure that they also meet accepted living standards in the community and this holds a number of benefits. Offenders that are dangerous to society on the other hand are held in institutional correction systems.
They argue that an individual holds numerous rights than the state. In addition, they claim that a petitioner having an attorney means that justice will prevail since two lawyers handle the situation. In Gideon’s case, the court offers him a new trial based on his case that the state must provide an attorney for him. Gideon
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Drugs can destroy the lives of millions of young people who are the assets of world. Drugs are a major threat to the health of the young generation; it generates crime and kills the hopes of millions of people and their families. Drug abuse can cause mental and physical problems for the addicts.
Sources have revealed that the law entails provisions that govern the operation and funding of community health services, especially for the mentally challenged in all counties through locally administered and controlled community mental programs. The existing law, the MHSA, is an initiative strategy enacted by the voters during the general election of the states.
This also applies to all federal courts. Sentencing is usually pronounced at sentence hearing for very serious crimes committed, after the prosecutor and the defendant have presented their arguments regarding penalty (Ashworth, 2010). However for other offences which are not considered as major then it can be pronounced either before or after conviction.
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By definition, differential association is a theory suggesting that through interaction, people discover techniques, attitudes, values, and motives for immoral behavior. In contrast, self-derogation is a theory predicting that low self-worth motivates the young to try out criminal behaviors that are meant to re-establishing a sense of worth.
Considering the diversity of the society and varied forms of offenses, various types of laws exists to govern speckled fields. These include civil law and common law, which deal with varied relationships between people as well as the involvement with the environment.
Choosing the forum will be a hard decision because the plaintiffs are from varied countries and many of them may be adamant about which forum to be used. If the plaintiffs do not agree on the forum to be used, the case may need to be split into individual cases for individual victims or all victims from a certain country may be grouped together.
The legal structure for businesses is made transparent as well as planned for eliminating or reducing limits on foreign investment in China by having membership with WTO. The FIEs are generally required to follow procedures for approval or registration required for their establishment. WTO membership imposes a significant impact.
In majority cases dismissal is evident, but in cases of uncertainty the onus is on the claimant to establish that he/she is dismissed and in case of failure, the case can’t further proceed. Unfair dismissal establishes the main component of current employment law, contributing more realistic solutions than provided by the common law.
Employers must extensively be able to prove that as far as is conclusively practicable, they have supplied a suitable working environment for their employees. This assists employers to avoid legal cases against employees seeking compensation. Employers need to take measures to reduce stressful working conditions.
THE NOTION OF CHILD-INCLUSIVE (AS OPPOSED TO CHILD-FOCUSED) MEDIATION IS ILL CONCEIVED AND MISGUIDED. INVITING CHILDREN INTO THE MIDDLE OF THEIR PARENTS’ DISPUTE IS LIKELY TO AGGRAVTE RATHER THAN IMPROVE THEIR SITUATION: CRITICAL DISCUSSION This essay is primarily based on critically analyzing the mediation approach of including child during the process of parental conflict based on separation or divorce.
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Bloomington police department, which is headed, by a chief of police has five divisions. The divisions have different responsibilities and also work together to ensure better performance. Police structures that follow ranking motivate officers to work especially when there are promotion opportunities.
The prevalence of substance abuse in these institutions that are meant to reform people has been met with a lot of questions on the effectiveness of the criminal justice system in the region. This questionnaire focuses on the effects of substance abuse on prisoners in these special institutions.
The relevant facts in this scenario are that Maria works for the New Horizon activity centre; that she knows the protocol regarding employees and trained staff, in that employees, are never to work in isolation from trained staff; that she defied this protocol in picking up the children without a trained staff member.
The partner had no authority to sell the car, but the court held that selling the car was in the ordinary business of the garage. The innocent partner was liable for the actions of the other partner. Section 23 requires that a notice to the acting partner is equivalent to a notice to the firm unless in cases of fraud committed with the consent of such partner.
The principal issues for causation are that the actual cause should be known which means that it should give a necessary condition that can prove causation beyond a reasonable doubt. The ‘but for’ test shows that the chain of events that took place should be examined and ‘but for the act, the result would have occurred anyway sooner or later.
Is John correct in assuring that a partnership has been created? What are the legal consequences of john establishing that a partnership has been created?
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Most of the countries in the western world today have completely abolished the system of capital punishment, although the United States continues to be the only country in the industrialized world, to retain the death penalty as a deterrent to crime (Garland, 2010).
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.
Legal ethics is a complex idea that can be viewed from different perspectives. Whereas, individuals without legal background often perceive legal ethics as their only consolation in their quest for justice, most of legal experts experience difficulty adhering to legal ethics.
The cases resulting from challenging the reasonableness of the clause will be cut down as provided for in S11 UCTA 1997. Regus (UK) Ltd, a service-providing company, provided accommodation to Epcot Solutions Limited a company that specializes in Information Technology training. With the terms and conditions of service being directed by Regus, Epcot Solutions Ltd is expected to be given the best service as the contract form outlined the same.
The reason why cases are conducted in legally recognized courthouses is the sensitivity of the issues involved in the cases. The court is an impartial ground where the person is not judged according to their religion or faith allegiance. The constitutional law is above all other small laws that are set up by groups or individuals.