Law Essays

Lord Upjohn’s observation points out the unfairness of the strict no conflict rule. It seems unfair to strictly apply the no conflict rule without having regard to the facts and circumstances in terms of determining whether or not the trustee in question was not aware that there was or might be a conflict of interest.

A number of studies have been initiated to unravel the mystery behind generation Y employees. Consequently, many modern organizations’ Human Resource Departments have more questions than answers to the emerging generation of employees who seem to defy the organizational structures that perfectly contain generation X employees.

Right after the scientific community discovered potential advantages of stem cell research, there was an effort made to ask funding from the government. However, from the past stem cell research received rejection from the Federal Government and one indication of it was withholding of financial support from the state (US Congress, 2011, p.8665).

What constitutes coercion? Coercion refers to the improper use of authority or physical force in a bid to compel one to yield to the wishes of another. During interrogations in law enforcement agencies, coercion is aimed at exerting pressure on an individual (suspect) to take a stand or reveal his/her intentions against his will.

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.

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.

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.

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.

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.

Justice systems stipulate ways of dealing with offenders without causing suffering to innocent individuals. The concern of the law should be to determine the truth in legal cases and use of the truth in making legal judgments. Courts mainly apply two models in the process of seeking justice.

Criminology is an area of investigation that explains crime from an empirical or scientific perspective. Those conducting research in this field focus on crime, how people commit a crime, why they commit a crime and the resulting outcomes of crime. This paper will investigate the two key criminology schools of thought (positivist and classical), their perspectives and views of human nature, justice and reason for sentencing crime suspects.

Adult and Juvenile Justice System The court system, in the U.S, has two divisions, the Juvenile Justice System and the Adult Criminal Justice System. This systems aim at ensuring the dispensation of justice. Additionally, the systems ensure criminals are held accountable, as well as maintaining social stability.

A will is a legal document that allows someone to state, or dictate who will receive his estate and how much of the estate will go to any specified person. The person that draws a will is by law referred to as the testator, and they may leave the management or ownership of the estate to more than one party. The purpose of drafting a will is to distribute a person’s wealth upon that person’s death.

The issue of recidivism is one of the most serious problems encountered by modern societies all over the world. Recidivism refers to the relapse of former prisoners into criminal conduct. Recidivism is typically measured through the return of former prisoners to prison for new offenses. Recidivism rates mirror the extent of rehabilitative systems.

The concept of sustainability in legal terms is as yet still young and has many loose ends in its discourse. Although sustainability has been defined in relatively similar manners by a number of different legal instruments its interpretation has differed from one situation to the other. This chapter will look into how sustainable development is being defined in an increasingly dynamic legal context.

Among the many forms of insecurity noted is the use of guns and small fire arms to commit crime. This has thus implied that success in the fight against crime as well as insecurity cannot be addressed without addressing the issue of guns. In an analysis, we find that many countries are designing and adopting appropriate mechanisms through which the acquisition, transportation as well as the use of guns is to be controlled.

On the other hand, the federal circuit court of appeal is located on the second floor of the State Courts Building, 1501 West Washington, Phoenix. There are circumstances where the federal and state laws conflict, but the federal law supersedes State law to control the covered subject.

The relevant case in this study involves a business contract between Wool Traders and Robert a retailer of clothes. Robert placed two orders of sheepskin coats and hats from the Wool Traders organization. However, some issues occurred during that period that made Robert want to quit doing business with the wool traders.

It is evident that the liability of employers for references is meant to protect employees against false reference information by their employees or former employees. In the United Kingdom and other jurisdictions, this liability is based on four major sources. These include defamation, invasion of privacy, and negligence referral.

Some of the witnesses lie deliberately because they have some personal score to settle against the accused, some lie because they get paid for it—which is highly illegal—and some lie just because they suffer from a disorder called pathological lying. It is very important for the courts to determine whether a witness is telling the truth because he may make the court sentence an innocent man.

It is quite essential to state that within European Public Law, there seem to be many issues on the combined impact of the EC Law, as well as the ECHR and local legislation.  Specifically, this article shall evaluate the impact of European laws on UK law and how UK laws have changed with such impact.

This case is about property law and specific repossession by a lender. The facts of the case are that Ben and Ali had bought a home, Valiant Villa, for £300,000 as registered freeholders. They secured a mortgage of £125,000 against it in which they made monthly repayments from their joint account. Ali got a prospective job, as a model scout and agent, that Ben did not fully approve of.

Over the last two decades, Alternative Dispute Resolution (ADR) has been involved in settling disputes alongside the civil justice system in the UK. The numbers of cases filed in the courts have always been increasing like in any other nation, and the pressure arising from resolving these conflicts requires integrated effort and procedures to deliver justice appropriately.

Number 46 is a large, Victorian, semi-detached house with a self-contained basement flat. Rick’s mother is planning to move into the house next year. Last week Mishal and Rick came home from work only to find a man called Ned in the basement flat. He explained that he has been away in Paris for six months of work.

According to the paper the discussion will include how this law conflicts with the second amendment and the supremacy clause of US constitution. Indian policy had shifted from the destructive mindset to a soft line and a peaceable policy. When the Indian Wars ended the Wounded Knee Battle, the battle had resulted to over 200 deaths, and all these marked change in the Indian policy.

Nations such as Great Britain were once guaranteed the right to bear arms for purposes of self-defense, but these have been severely curtailed in recent years.  America is one of the few nations on earth that still guarantees easy access to guns for nearly all citizens. This fact is at the heart of a national debate that rages primarily during election years.

From the research it can be comprehended that the welfare of the citizens is what makes a government effective or otherwise. Regardless of the system of governance that a particular government adopts, it is the well-being of the people who live in a country that is the proof of the success and efficiency of the nation state.

Any claims that Alan may have against John or the local council must be assessed by reference to the common law duty of care or the statutory duty of care under the Occupiers’ Liability Act 1984.   Even if a duty of care has existed in any of Allen's claims, the question of contributory negligence arises with respect to Alan’s own behavior.

In more recent times the debate over the decriminalization of marijuana has gained new momentum as some states have taken the initiative to legalize marijuana on a limited basis for personal medicinal purposes. In the meantime, the Federal government has taken a particularly firm stance against any form of marijuana decriminalization.

Central to any question of financial crime or the court’s role in assigning damages is the issue of the financial recompense. Over the centuries, various legal formulae have been developed pursuant to the question of how to address financial losses as a result of misconduct by another, usually the defendant party. 

The juvenile justice system, which works for hand in hand with the juvenile justice process, was established in order to handle such cases. The system has faced many challenges due to the rise in crime rates in recent years, and the fact that some crimes are too serious to be treated in nonadversarial ways.

The act clearly states that until all of the terms of the contract of the sale of goods, mainly the payment for the product, are met by the buyer, the seller has the right of disposal over the product.

The continued criminalization of marijuana is not only a violation of civil liberties but it is also discriminatory and hypocritical. Therefore, the production and consumption of Marijuana should be legalized and taxed in the State of California, if not for any other reason than to cease the financing of the war the Drug Cartels are waging against the Mexican State.

All these points are to be discussed in order to go along with the letter of the law. First and foremost, the locals apprehend that C made a breach of planning while she stationed her caravans. Thus, they insist on injunction. The main argument is 187B of the 1990 Town and Country Planning Act.

The basis for my further discussion is positivist theory, which is of central concern in many sociological studies. Introduction There are three main factors influencing on deviant behavior formation: biological, psychological and environmental ones. I would like to focus my attention on environmental factors.

A large number of “crimes against property”, for instance, theft, stealing and shoplifting, mostly involve drug addicts. The addicts become short of cash for their subsequent ‘fix’ and require a little ‘quick money’ or something to trade for money. Women mostly are the victims of domestic violence.

The impact that years of English rule had exerted on the psyche of the ruling and the ruled populations’ is reflected in the way people identified themselves on the basis of their ethnic background. Years of suppression and oppression and the emergence of democracy as a phenomenon spread far and wide in the former British colonies.

The risk of homicides arising from gun ownership is however negligible compared to the advantages of property protection, life-saving, and crime prevention. Defensive gun uses thus overrides the risks associated with gun use.  Confiscation of firearms should only be warranted in cases of crimes and firearm abuse.

Abortion and the Rights of the Father: Inequality or Necessity? While the debate surrounding abortion is heated and tense in any case, the added issue relating to the rights of the father in such cases makes the topic of abortion increasingly controversial.1 The debate of abortion in relation to the father’s rights considered whether the father is to be given any interests or legal rights when the mother decides to terminate the pregnancy.

 Jovin’s suit against Simons is void because the house he rented was in inhabitable condition. In spite of Simon’s complaints, Jovin did nothing to address the issues. Moreover, his rental agreement contract claimed that his property was in a habitable condition, which was proved to be false. 

Classical liberalism is another concept of the political thought that involves focusing on the freedom that an individual needs to receive more importantly than the powers of the concerned state to which the individual belongs to. The current study focuses on a comparative learning on the concepts of classical realism and classical liberalism as well as has an understanding on the influences that these concepts have on the world and its politics internationally.

The foundation of the postal rule can be traced back to the 1800s and is found in the lawful principles of various nations.  The postal rule is a concept of contract law. It is an exemption to the general rule, which states that an acceptance is only formed when communicated directly to the offeror.

Once approved by the queen, a proposed bill becomes law and is superior to common law. An example of acts of parliament is the “freedom of information act” which was proposed to parliament and assented to in 2000 (Harris, 2007, p. 190). (b). Delegated legislation Delegated legislation refers to laws made by a body or an entity other than the parliament.

Organizations can go for an open-office layout, with aptly arranged cubicles instead of separate office rooms with doors. As the cubicles can facilitate more face-to-face interaction among the members of the group, more constructive discussions could take place during the decision-making processes. This was validated by various studies.

These are some of the most important critical points that need to be considered in a jury trial analysis, which are particularly integrated in this essay. Selection of a jury In the actual jury trial the first step is selection of jury. Selection of fair and unbiased jury should be primarily implemented in here.

Before starting, a business therefore, the proprietor has the responsibility of making the decision on which form of business organization can best make him/her realize business goals. In doing so, it is important to analyze the advantages of the different business organizations.

Such kind of liability is referred to as vicarious liability. Vicarious liability is defined as the tort doctrine which imposes responsibility or liability upon a person for the failure of another person, with whom exists a special relationship to exercise such care as a reasonable person would under the same circumstances (Giliker, P, 2010, p.

Unethical business practice is not only bad for business in terms of the economic losses attendant to it but it also has a ripple effect of eroding confidence in the business community business that businesses themselves would hesitate to expand due to its perceived uncertainty of the general economic environment of the US.

The victim could be a suspect or a convict. Different countries and state has got different criminal justice systems, and this work tends tend to compare and contrast such justice system. This government arm comprise of three main departments namely; the legislative which establishes the laws, adjudications which makes verdicts on convicts and suspects as well as corrections department which renders punishments as per the court/adjudications rulings.

Moreover, the larger question involves the level of responsibility that the department itself will face from the brash actions that Ripley took and whether the circumstances that occurred warranted the use of a pursuit. Furthermore, the central issue of departmental policy and the need for it to be updated.