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In recent times, especially when the use of the internet has become so extensive, the regulation of the pornographic law has become a necessity. Many countries have reformed their law. When we look at the United Kingdom, we can see a shift of focus in the regulation of end-users, which is commendable. Those are more focused on the producer.
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Daubert vs. Merrell Dow Pharmaceuticals is a case where the plaintiffs suffered a defect at birth. In their accusation against the company, the plaintiffs told the court that the company manufactured drugs that were responsible for causing the limb reduction defects they had. This is because their mothers took the drugs during their periods of pregnancy.
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It is believed that human beings apply ethics to the process of making decisions in their daily lives. This application of ethics in daily life can either be at work or even at home. Human beings are not being taught how to apply the ethics since it requires a simple understanding of what is right and what is wrong.
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This doctrine mitigates the harshness of the common law which insists that any promise which is unsupported by consideration cannot be enforced. In the law of contract, parties must furnish consideration to make the contract binding. Therefore the words ‘estopped’ means ‘prevented’ or precluded. It prevents a party to a contract from denying the truth of a promissory representation.
This right is very fundamental, and everyone is entitled to it to protect his work from infringement. Trademark can be defined as a symbol, phrase or word that is used to identify a particular organization, seller, and manufacturer and distinguish them in a unique manner from others (Admin, 2012).
Two landmark decisions of the United States of America Supreme Court, Plessy v. Ferguson, 163 U.S. 537 (1896) and Miranda v. Arizona, 384 U.S. 436 (1966) have a played a key role in anchoring constitutionalism and have provided a varied interpretation of the constitution in everyday judicial decisions.
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Fifty-one nations mulled together to find a solution and in the majority, they signed the charter in the city of San Francisco. It was in fact the first treaty of its kind that achieved consensus on world peace. International law in this context has a lot to tell about its formulation and evolution thereafter.
My decision to join this institution is guided by three aspects. First, the reputation of the institution is held in high regard due to its history in producing qualified attorneys across the country. Second, the institution offers me the opportunity to undergo training in a professional atmosphere, which is supported by great professors and a great student body.
The policy in the joint venture provided for disputes to be settled through arbitration and there was even an attempt at the assignment of half interest in the contracts with two of the singers, furthermore, the agreement reflected the parties’ mutual concern to attain mutual financial stability as is often the case in partnerships.
This paper examines two programs useful for young offenders of certain crimes, which help bring offenders back into society to become useful citizens. Crimes committed by young offenders are on the rise in this country and this could be directly attributed to economic and social factors within the family unit.
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It must be distinguished from criminal justice, which involves regulation of courts and legal systems. Law enforcement mainly applies in cases where legally authorized personnel conduct surveillance and investigation procedures in order to persuade and catch wrongdoers and outlaws.
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The UAE law addresses a number of issues that help both the employers and the employees to have a peaceful existence between them. Among the laws is the disciplinary code which provides various disciplinary measures which an employer may impose on the employee to enhance smooth operations between them.
The company is considered to have effectively communicated its intention to withdraw the contract offer. Therefore, TTR can defend itself against Charles by laying bare the fact that it communicated the contract revocation, which indeed Charles learned of the same day he posted the letter. Nevertheless, revocation would still be effective.
This legal principle is applicable to both physical items and digital content that people can download over the internet. FSD has several benefits. It has led to a free market of DVDs, CDs, and books since the copyright owner’s distribution right would reach beyond the initial sale.
The costs associated with such behavior in the competitive market are many. For instance, it can lead to overblown prices as consumers are forced to pay more for products and services. Antitrust behavior affects the common consumer and unless legal action is taken, the consumer suffers.
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On the other hand, the City of London police force has been placed in charge of the Square Mile of the city. Their territory is often described as covering; “the River Thames in the south to the Barbican Centre in the north, Holborn and Fleet Street to the west and Aldgate and Liverpool Street to the east”.
The course has been informative of the research process and its involved stages and concepts of research. This paper explains my developed knowledge. Stages in conducting a research are one of the developed knowledge from the course.
The paper discusses two lawsuits filed against popular American companies Abercrombie & Fitch and Wall Mark on the allegation of labour discrimination. These two cases were widely followed by people because they involved popular retail brands of the country. These cases ended up with different conclusion and the accused companies are given different decisions.
It is a global problem which has emerged as a global business which stands as the third largest source of income as an organized crime. Humans are sold, kidnapped or deceived by their own family members and thus, as a result they are sold further to groups who are involved in human trafficking (Kevin Bales, Zoe Trodd and Alex.K.
It might be argued that the ECtHR is prepared to test a claim of defamation by assessing whether or not freedom of expression is curtailed. However, this is not the approach taken by the ECtHR. If indeed defamation is established, the court is hesitant to uphold a harsh penalty having regard to the constraints.
Legal Premise/background of the case Under the doctrine of privity of contract, only the parties to a contract have rights or obligations under that contract.But, there are exceptions and remedies available to people as this principle may result into hardships in some cases.
Although she is entitled to her feelings, there are legal considerations that Adelaide will have to abide by in her situation. Knowing what the law is, how it will affect her, and what she can do to protect herself will better prepare Adelaide in the next steps to take. We first have to understand terminology in the context it is presented in land law.
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The Senate enjoys a lot of nationally important powers; regarding approval of treaties, cabinet secretaries, military officers and federal judges and many more.Elections to the Senate are conducted on the Tuesday following the first Monday in November in even-numbered years
Case Study. A footballer aged 29 visited a physiotherapist concerning his complain about pain in his legs. He presented with swelling and bruising. He had reduced range of movement with reduced strength of muscle contraction and tenderness over the Adductor muscles.
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The relationship between a patient and a doctor has been outlined differently over the years. While patients often trust doctors and other medical practitioners to provide them with correct medication or to carefully perform the right procedures on them, sometimes this never happens in which case medical malpractice occurs.
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Business Law and the Accounting Profession. Business is used as an instrument to accomplish one's vision. Its huge impact on the society may bring a positive or negative effect depending on how the individual practices it. Law is generally described as the rule that every individual is obliged to follow regardless of their rank in the society.
Hence labor laws the world over have been laid down to protect both the employer as well as the employee, so that neither can take undue advantage of the other. In the US, the Department of Labor has laid down statutes and regulations that govern wages, benefits, safety, health and non discrimination policies.
The Internet has created a revolution in nearly all industries, in which the music industry forms a crucial part. The music industry focuses on not only the business side but the creative aspect, as well. Therefore, the music industry forms the center of many legal issues, such as copyright law, name protection, recording and music publishing agreements and much more.
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The following paper provides a discussion on misconduct in California Prisons with a focus on gang activity. A discussion about the statistics of the California justice system is followed by an overview of the top five prison gangs in the California prison system. Through a look at relevant studies on treatment, methods to decrease recidivism and violent activities within the prison are suggested.
This covers the Regalian doctrine where the state is the true owner of all lands and land ownership occurs at the tolerance of the state. Also covered were the rights of the lessor and lessee with respect to contracts of lease and the potential rights and interests that can occur with respect to land ownership.
The administration interprets these rules to include any speech that offends minority groups and enforces it with no facade of fairness. Their imprecision infringes not only students' First Amendment rights but may violate contractual rights in the case of private universities that publicize themselves as dedicated to liberated and open debate.
Privacy rights are basic in determining the kind of information an individual would prefer to be released and shared with the public. Privacy rights are issues of disturbing concern across the entire world. It is important to note that privacy rights keep on transforming with advancing time and technology thus should never be ignored in any development-oriented society (Kinley, 275).
The Supreme Court is the highest decision-making court in the United Kingdom. The United Kingdom has discretion on whether or not to apply the decisions made by the European Court in determining cases before it. But whenever the Supreme Court is applying the convention, it is bound to apply the European court jurisprudence.
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The primary reliance was on the legal scope, definition, limitations and exceptions that are afforded by the copyright law to the right holders. In the beginning, I took a more historical stance on the subject rather discussing the legal parameters right from the start. I focused on the historical background of the origin of appropriation practice.
Under the criminal law, a crime constitutes of both the physical and mental element (mens rea). Mens rea is an element of criminal responsibility which states that there is a mental element in a criminal conduct; guilty mind; criminal intent; a wrongful or guilty purpose or wilfulness.
After the arrest, the next stage is the decision making stage (Martin, 2005). A decision is made whether or not to detain charge, release or transfer the youth to another welfare program. This decision is usually made by the officer handling the case and this is based on the information received from the victims of the crime or offence committed by the juvenile, it could also be obtained from the juvenile him or herself or the juveniles parents requesting the Juveniles admittance into the system or from previous records that link the youth to the juvenile justice system (NCJRS, 2000).
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The correctional programs also rehabilitate and protect the criminals from unfavorable environments. This paper seeks to discuss Bureau of Prisons as the best program under correctional substance abuse treatment. The paper will explore some of the practices in Bureau of Prisons that identifies it as the best program.
The European Court of Justice has been very vital to the member states since its formation. It is clear that different countries might adapt and make decisions in different ways; different questions might be interpreted in different ways and applied in different ways, through the control of national courts.
The issue or complication happens when one nation tries to punish a criminal demeanor that another nation does not consider an offense. In Loizidou v Turkey, expulsion or extradition of an individual may give rise to an issue under Article 3, and therefore, could make the state accountable under the Convention.
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Serial killers are normally motivated by emotional stress from their childhood. The hunger for revenge is what drives them to commit their first murders. Serial killers look for specific characters in their victim that suits the description of their dream victim and they murder them in a quest to gratify their urge to kill their dream victim.
Many international bodies or regional agencies such as CRAFT (Caribbean Financial Action Task Force), APG, OGBS (Offshore Group of Banking Supervision), and PC-R-EV Committee of European Council (a committee of experts based on the measures of anti-money laundering) perform such tasks for their people as FATF do for it members.
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The public may force the police to apply excess power when they do not hearken to their orders. To bring an intimate relationship between the police and the public, the government should involve both parties in continuous training. This shall minimize police-public confrontation hence low cases of brutality.
The purpose of the rule was to contribute to the introduction of certainty in the exchanges and the decreasing costs (Borges 2008, pp. 332). They produced laws and regulations to preside over international sales. Furthermore, they wanted to ensure that high-quality trade practices existed within the subscribed members of CISG.
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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.
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The American Football player faced two counts of murder, which involved the murder of ex-wife named Nicole Brown and her friend named Ronald Goldman (Hunt, 1994). From the evidence collection through the court proceedings and the final trial and a quittance of the murder suspect have roused curious speculations and interest among law scholars.
Admittedly, the seller is in a position to seek the full price of the products it delivered. First of all, the contract of sale was formed through oral negotiations over the telephone, and it was confirmed through a purchase order. So, the first issue to be checked is whether the CISG can be applied in the present case.
The only uniqueness to the matter is that Clooney’s act is negative referencing. The FERPA Act is clear that no one should provide a written or verbal reference for any student that divulges the student’s educational performance unless the actor has obtained written permission from the student himself. Clooney had not observed this provision.
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.
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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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).