Law Essays

Currently, there has been growing concerns on the number of persons seeking haven in various countries around the world, speculating widespread misconceptions and varying media interpretations of asylum seekers. The discussion on all issues affecting asylum seekers is shaky.

Unlike many other sections of the law, immigration laws lay linked to many other branches of law in a manner that intrigues many. The way these settings lie linked brings out immigration laws in a rather comprehensive manner. It is very important to bring in the various aspects of immigration about different fields of law.

Political scientists consider it as the domination of a few people on the economic resources of the country. This situation is workable in those countries where the majority do not have the interest to participate in the democratic process of the country. There are many examples of an elitist theory that can be discussed.

The United Kingdom became the first country to draft the modern corporation statutes through the simple procedures and centralized for the management. The United Kingdom company law allows for freedom of designing the internal rules of the company under conditions that the minimum investors’ rights be maintained.

A clearly written contract is essential for the minimization of misunderstanding. The contract needs to be set out in a way that covers delivery point; the party is responsible for the goods at every stage, customs clearance, and the required insurance.

District courts can be considered as some of the typical examples, which exemplify special courts at the federal level. There may be different titles accorded to these courts at the state level, which may include municipal court, county court, trial court, as well as the circuit court.

With reference to the stated law and the case of Freda v Gullies Hotel, it has been observed that the event of missing customers’ possession is regulated under the provisions of vicarious liability doctrine. The prior consciousness related information cannot be applied as the customer was still under that service rendered by the organization. 

The author of this research paper proposed to determine the basis for why teenage criminal offenders are committing more violent crimes, including murder, than ever before. The objective of this research is to determine the surrounding environments of these young offenders that encourage violent crime. 

Generally, in case the criminal is caught while in the act of committing the robbery, then he or she must be apprehended and the police officers have to collect credible evidence to affirm that the suspect was caught while in the act of committing a crime and not that he/ she was a victim of circumstance.

For example an officer in a town had just arrested a murder suspect in his home when he happened to notice a trail of blood leading into the hallway. He followed it and discovered the murder weapon. Finding evidence depends with luck sometimes, especially when the suspect had the least expectation of the detective’s arrival.

Legal business environment ensures that there is fair competition in the market and it reduces the risks of exploiting the consumers. However, there are some of the existing loopholes where unscrupulous entrepreneurs use to exploit consumers for instance by the existence of monopoly in the markets.

A contract formalizes an agreement between two or more people or parties. It can either be written or oral. However, an oral contract can be challenging to put in force unless the terms can be attested or readmitted by the parties. An agreement can be maintained in a court if the litigated individual admits the presence of the contract.

It can be viewed globally as the recruitment, harboring, transportation and receipt of persons by use of force or threats, coercion and other inhuman forms such as abuse of power, deception and abduction (Haerens, 2012) motivated by receiving of remuneration or other benefits but for the purpose of exploitation of the transferred or harbored persons.

The issue of racial discrimination has been contentious in the history of the United States. One of the sectors affected by racial discrimination in the education sector. The degree of perception by teachers from different races greatly affects the performance of students and the disparity of performance by students from different races is eminent.

Since the creation of the UN in 1945, scholars have remained strongly divided over the meaning of Article 51 UN Charter, which guarantees the right of self-defence in the event that an armed attack manifests. The paper draws from the jurisprudence in the Nicaragua case by examining the relationship between UN charter article 51 and the customary international law. It will address the debate about anticipatory self-defence. The paper will analyse the views of Reinold.

Similarly, interactions, when not regulated, may lead to a breach of the rights of parties. Law, defined as a set of rules and regulations, governs relations between parties in society by establishing legal rights and wrongs. Employment law is a branch of law that regulates the relationship between parties in an employment contract.

WTO indicates that sustainable development, as well as protection and preservation of the environment, are one of its main goals. This was made fundamental because the protection of the environment and linking it with global trade and economics are one of the critical challenges faced by institutions like WTO to implement effectively.

Probation is defined as “a court-ordered dispositional alternative through which an adjudicated offender is placed under the control, supervision, and care of a probation staff member in lieu of imprisonment, so long as the probationer meets certain standards of the court” (Siegel and Worall, 2012 p65).

The norms and standard of this economic system are deeply rooted and inspired from the teachings of Islam and presents an alternative to the various other economic systems being practised. The concept offers a more comprehensive and coherent economic model which is entirely compatible with the modern and diverse global economic scenario of today.

The United Kingdom has various sources of laws which include the Westminster parliament, the European Union, the common law, and the European Court of Human rights (Ingman, 2006, p. 124). However, a majority of the laws in the Kingdom are influenced by changes in the social setup, the political arena, and technological change.

The third part of Section 37 of HSWA 1974 also has to borrow heavily from laws that pertain to Building Regulations. This may compel any corporate entity, its managers, directors, and proprietors to factor the services of architects working under the aegis of Building Regulations - before specific premises are considered safe for transactions and work.

This research will be completed within 30 days. The first 10 days will be used for conducting interviews and collecting primary data. The next ten days will be used for collecting secondary data from various sources. The last ten days will be used for data analysis, making conclusions and writing the paper.

Duty of care constitutes the first of the three chief elements of negligence. This is determined by proximity, foreseeability, and policy. In general, the duty of care results from positive acts, which damage property or cause physical injury. There is a difference between finding liability and finding a duty of care. 

The author explains that for creating a lease contract, there should be a landlord who owns or legally possess the ownership of a land, a tenant who will have the privilege to exclusively possess the land for a definite or contracted period by paying a rent, where the landlord retains a reversionary interest.

In order for a killing to be classified as an offence of murder, the defendant must have played a role in causing the death of a reasonable creature taken to be a human being. It is imperative to note that it is not an offence of murder for a person to kill any other creatures other than human beings.

Each of these groups is treated differently in the prison and this gives rise to racial discrimination. The offenders facing death penalty and counting their final days in prison are also discriminated on such racial basis and treated differently. Despite comprising around 12 percent of US population the blacks comprise more than 50 percent of those awaiting death penalty (Bobo & Johnson, 2004, p.152).

In a situation where there is no sufficient reason to prove the existence of a serious threat presented by the skilled person, the person who killed can be held liable for second-degree murder. In most situations, second-degree murders arise from spontaneous actions such as fights. The legal penalty for the crime is less severe than first-degree murder.

The failure of the Claimant to wear a helmet was not a ground to make him liable for contributory negligence because the expert testimony of two doctors, Doctor Mills, and Doctor Chinn, stated that a helmet would not be able to protect the wearer, considering the speed with which the Claimant had hit the ground and damaged his occipital bone.

The author states that while founding partners may prefer to make an agreement that is less flexible, changing circumstances and the instance of conflict necessitate the making of flexible partnership agreements. Partners in many instances may set up businesses with little planning for unforeseen circumstances.

The Act is a crackdown on illegal immigration which is perceived to be the primary cause of economic hardship and lawlessness in the State. It is likewise advanced that illegal immigrants deprive lawful residents the full public benefits due them since public benefits accrue to all residents regardless of their residency status considering that these public facilities and benefits are generally provided without the necessity of verifying the immigration status of a person demanding or requiring public service.

The driver of the speeding vehicle was Rodney Glenn King. He and two fellow passengers were intoxicated at that time. When the car chase ended, the other two did not resist arrest but Rodney King did. According to the police officers present at the scene, he acted aggressively, seemingly threatening the officers.

Managerial accountability is common to many organizations since they are geared toward quality product and service delivery. Importantly, it is an ideal method of administration and management in the corporate world. Therefore, it is clear that corporate structure and governance should always be maintained for the success of the organizations.

Some of the examples of sources of business finance are through capital markets or through commercial banks. This paper seeks to offer an informed advice to Simmons Ltd. with respect to two sources of business finance, capital markets and commercial banks.

The statement is not consistent with several principles of maritime law. The concept is wrong in the sense that according to maritime law, there is a big difference between time charter hire and time charter freight. This is because voyage charter, consistent with freight, is totally distinct from time charter which is consistent with the hire.

While the penalty for inflicting bodily harm or injury to any person with an intent to do so is life imprisonment, it is very different for any bodily harm or injuries caused to a person without intent to do so (Ormerod, 1996). If any person caused bodily harm or injury to another person, they are responsible for a misdemeanor and are liable to a prison sentence not exceeding 2 years (Davis, 2003).

Offer and acceptance, as components of an agreement, are some of the elements of a valid contract. A contract is therefore, valid if, among other essential elements, all the rules that pertain to offer and acceptance are honored.

Generally, lump sum amounts are not subjected to income tax assessment, because they are considered not income in nature. Furthermore, such amounts are not subjected to capital gain tax if they fall under certain class which is exempted. Nonetheless, lump sum amount is taxable if its purpose is to reimburse not more than a loss of income.

In an attempt to understand what motivates a criminal, as well as where they will strike next, the field of psychological profiling comes into play. It is hoped that, by examining clues and looking for patterns in the crimes that have been committed, a means of somehow identifying what type of person would commit such a crime will emerge.

Bauman (2002) explains that Hammurabi’s code is presently considered barbaric compared to today's standards of imposing punishment. The current program of about 282 laws has a well-established precedent for a legal system. This type of precedent and legally joining document protects the citizens from arbitrary persecution and punishment.

Property is something that is owned by a person whereas intelligence is something that is inherited by a person. So, “Intellectual property refers to creations of the mind: inventions, literary and artistic works, and symbols, names, images, and designs used in commerce”. Based on its nature, IP can be divided into Industrial property and Copyright.

Proportionality is used as a principle of law to indicate the fact that any punishment that is handed over to an offender, should be well in proportion to the offense that that individual has committed (Turner, 199). Thus, the punishment that an offender receives should be directly related to the severity of the offense committed.

According to Capiro Industries vs. Dickman (1990), a tort can be described as a civil wrong not arising from a contract, and in the case of negligence, one should owe duty care to the neighbor. Each person owes duty care to his or her neighbor and should make sure that their actions are not harmful to other people around.  

One of the most common issues faced by the world in later part of 20th century was regarding the unequal distribution of resources and goods. Therefore to resolve this problem, Rawls came up with two Principles of Justice which are also commonly known as Justice as Fairness.

of evidence. In discussing this evidence, the admissibility and the relevance of the evidence will shed light on the system as it relates to the course of justice. Evidence Doris Doris has alleged that Donald hit her. Her story is that she was struck by him during a party where they both were in attendance.

A Criminal Profiling Code of Ethics . Mena (2002) argues that, profiling is recognized in a number of terms, including crime scene analysis, psychological profiling, behavioral evidence analysis, biopsychosocial profiling, psychosocial profiling, criminal profiling, and criminal personality profiling.

The verdict by the Supreme Court was in accordance to the first amendment which safeguards the release of public statements even when they are not true. The change of the ruling by Justice Brennan held the facts of the US constitution’s first amendment, which protects freedom of the press.

According to UK employment law, it is the right of the employer to pick and hire the candidate they feel has met the organizations requirements and job description. However, the law allows the candidate or employer to file a case if they are denied a chance or sacked on grounds of; marital status, gender, race, religion, disability, political opinion, nationality, and union membership (Chandler 2003, P 5).

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.

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.

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.