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The proponent’s stand on this issue is also included. Keywords: Exclusionary rule, searches, seizures Rationale and purpose of Exclusionary Rule Exclusionary Rule prevents the use of gathered evidences that are illegally seized in the law enforcement because of not observing the right of suspect to be free from unreasonable searches and seizures which is subject of the Fourth Amendment (Del Carmen, 2009, p.
PROPERTY –LAND LAW EXAM ESSAY, EXAM ESSAY MODEL ON MORTGAGES Introduction A mortgage is ‘money-lending’ relationship between a landowner and a lender in which interest in land is the security. A mortgage is different from other money lending arrangements such as bank loans in the sense that it passes interest in the subject land to the lender.
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Probation is a court dispensation wherein a juvenile offender is tentatively released from the court but is placed under the care of an agency or the community so that they can integrate back to society as a mature and more responsible individual. When under probation, juveniles have to follow standard rules, e.g. obeisance to all laws, including traffic laws, attendance to probation officers as mandated by the court.
The Legal Profession Act 2007 specifically states that it aims to enhance “the regulation of legal practice on a national basis” (Legal Profession Act 2007). This paper will identify how these acts would improve consumer confidence in the legal services market through the regulation of solicitor’s accounts.
Where there is no written partnership agreement, the state partnership laws provide that partners shall share the profits and losses of the business equally and none of the partners may withdraw their capital input in the partnership outside the agreement of the other partners unless the partnership is brought to an end.
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Instead, prisons now are more broadly viewed as corrections facilities in order to rehabilitate and modify the behavior of the convicts in preparation for their assimilation back to society, most especially for cases that do not warrant life sentence or death penalty.
The contract would expire on meeting the concrete quantity or conclusion of the contract period. Plaintiff temporarily suspended the purchase of concrete from the defendant due to issues with the quality of concrete during the contract period. During this time, plaintiff had to purchase concrete from a different supplier.
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The author explains that the Second Amendment of the US Constitution specifies that a well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed. The interpretation of this amendment has provided guidance for the people on the application of these laws.
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Specifically, these technologies were related to those within the Java operating system, which Oracle alleged were willfully copied without any permission by Google when it developed its own Android operating system. In Oracle America vs. Google, Oracle claimed: Without consent, authorization, approval, or license, Google knowingly, willingly, and unlawfully copied, prepared, published and distributed Oracle America’s copyrighted work, portions thereof, or derivative works and continues to do so.
First, the paper looks at the historical background and federal financials of NCJRS. Then it delves into the different sections, services and resources found under it while citing the relevant web links where necessary. The paper then finally looks at a critical appraisal of the NCJRS which is tainted with criticism of the system as it stands today.
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Crime is a big headache in the entire human sphere. Criminal elements in human society are a universal complication. Criminal activities are most apparent in poor societies where occupation activities are limited. The variation in the level of criminal activities between different societies depends on the sanction put in place for offenders.
Trust law is applied whenever a person has placed confidence and trust in the management of his or her affairs to another person. Such relationships are governed by the force of the law of equity and trust law provides a mechanism for a number of pension funds, charities, and family relationships among other situations (Hudson, 2005, p. 19).
Different cases have plagued English law culminating in the creation of different names that are aimed at delineating the separate legal entity that exists between companies within the same group. In the case of I.R.C. v Sansom, the term polite invective has been used to describe the issue of legal entity between corporations.
The court found him insane whom in an assassination attempt to Robert Peel the British Prime Minister, mistakenly killed his secretary. This led to the formation of strictures whereby it was avowed that a defendant was required to have a mental condition or illness and even retardation that was required to be severe to an extent that the defendant had no insight as to the quality and nature of the act committed without the knowledge that the act was wrong.
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The key objective of any criminal justice system is to ensure the protection of public interest through the implementation of effective laws. The system of criminal justice worldwide has seen gradual transformations in the forms of punishments meted out to offenders and criminals, as well as with regard to laws governing criminal and policing reforms.
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Terrorism aims at instilling fear in non-combatants with the aim of swinging public opinion on a certain political or social course in favor of those causing terror. Over the years, terrorism has been used to pressure political opponents with the aim of achieving political personal goals and objectives. However, there often exists a thin line between terrorism and the fight for justice.
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The regulations require that any person who has been convicted or who has been charged in a court law any a case of sexual offences is under obligation to register and notify authorities. In the initial registration a sexual offender has to register with the sheriff of the town.
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As a result, manual and electronic security breaches have been common organizational experiences. This paper seeks to discuss contemporary organizational issues that relates to security. Based on a newspaper article, the paper will identify some of the security issues facing organizations.
Injunctions are equitable remedies that usually order specific performance on the part of one party or forbid a party from conducting a specific act. Injunctive relief is discretionary and is ordered pursuant to specific principles established by the judiciary. The merits of equitable fairness in the context of injunctions are obvious by an examination of the main types of injunctions established by the courts.
Generally, this scenario relates to trust law that regulates the relationship of one party’s property benefitting another; the property can either be transferred from one party to benefit the third party or the legal owner may create a trust of property without necessarily transferring to a third party.
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From the start, the plan behind establishing a common legal and economic community in Europe was to create a common market. This vision formally materialized in 1993 and is currently down the path of monetary, political, and economic union. At this stage, it is imperative to point out the EU member states.
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).
Euthanasia in Australia Introduction The ethics of euthanasia has been debated for quite some time in Australia. Though certain territories of Australia managed to legalise the same for a short time; presently, euthanasia is illegal in all territories of Australia.
Current sources have revealed a rise in the fraction of cases processed in the juvenile court system. For instance, the number of cases processed in such courts in 2005 was 1.6 million. The research has shown that drug law violation, public order offence, and property offence cases are among those dealt with in a juvenile court.
The focus has been put on the issue of the rights of detainees. Owing to the allegations of human rights violation by the UK government in the course of the War on Terror, the question of detainees’ rights has emerged as a complicated issue. The issue of the rights of the detainees is a very complex and dynamic legal debate and sometimes it may amount to ethical and technical dilemmas.
This paper seeks to discuss some of the elements of employment law. The paper will explore a case study, to identify the legal principles involved, with the aim of offering legal advice to the involved parties. Issues The case involves three different counts between Christian, an owner of a catering firm and three employees to the firm.
There is likewise no necessity for legislative pronouncements considering that there are ordinary legislations regulating cohabitation relationships such as property rights, contracts, agreements, wills and inheritance, custody and support of children and other related laws that may be applicable should the couple decide to separate.
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The aim of the act is to detect the criminals who are within the US borders, get hold of them and put them through a legal trial before they engage in committing such criminal activities that would endanger the lives of the American people (Mac Donald, 10).
Treaties cannot operate on themselves within the state but need enabling statute passage. This means that the Crown in Britain retains the precision to sign a treaty and ratify international agreements (Komori and Wellens, 2009:61-64). However, it is so unfortunate that the Crown is unable to legislate directly.
The author states that the police must provide suspects with the following information before the search can begin: proof of their warrant card, information on police powers to stop and search, information on your rights, the police officer's name and police station, the reason for the search and what they think they might find when they search you.
In 1998, Chen’s first child was born in China and the second child was born in Belfast, Ireland in September of 2000. By virtue of Section 6(1) of the Irish Nationality and Citizenship Act 1956 (as amended in 2001) any person born in Ireland as of 2 December 1999 is eligible for Irish citizenship.
Courts must support and supervise the arbitration process so as to ensure the integrity of the arbitral process and protect the public interest. Nevertheless, this should not sacrifice or prejudice confidence of the users of the arbitration process. Consequently, the level of judicial control should not be too high (Ping Han 2007).5 Arbitration Act 1996 is aimed towards limiting the courts intervention in arbitrations, defining the courts role as supportive rather than supervisory.
Further, the paper discusses how social disorganization satisfies the criteria for organized crime; this analysis comprises the examination of various relationships between organized crime and social disorganization. Finally, the paper examines the correlation between social disorganization and corruption to the development of organized crime.
Hence, with the kind of role that criminal justice policy can not be able to perform its duties exhaustively since managing all the criminal justice is such a crucial role to play. Many people fail to understand why the criminal justice can not cater for matters that are related to security.
The Exclusionary Rule Name: Institution: Course: Tutor: Date: Why We Do Not Need the Exclusionary Rule Introduction The legality and sustainability of the evidence employed in court is dependent on various factors. Such evidences are critical in the criminal justice procedures because of the far reaching implications that they have on the well being of the suspect.
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Generally, constitutional law in essence encompasses all the foundational regulations or laws that a country is based upon. This paper discusses broadly criminal law and constitutional rights. Research on previous work relating to the topic of discussion was key to arriving at the conclusion of this paper.
Harmonization is making regulatory requirements or government policies of different jurisdictions identical or at least similar. Research illustrates that harmonization does not entail the adoption of a single set of rules, but instead implies a wide range of ways in which differences in legal concepts in different jurisdictions are accommodated.
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.
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It got to an extent that films were produced to highlight these issues affecting the society. The term “Make my day” was pulled from a movie directed by Clint Eastwood, whose theme was based on runaway crimes going on in America (Jackson, p. 91). “Make my day law” was first introduced in Colorado in 1985 out of the need to control high home invasion crime rates that was rampant in this state.
When it comes to the mental shock case, there has been a number of concerns about the elements involved which are considered as being of great subtlety as compared to the case of other physical injuries that occur ordinarily. There are these elements in the mental shock case that have given rise to many debates and concerns on the specific scope of its legal liability.
His biography reveals that his childhood life is traumatic as it is an unhappy childhood full of physical violence. He witnessed the cruelty, abuse and beatings by his father to all the family members, including his mother, his sister and himself. Although Marc Lepine was interested in joining the military, he was rejected for being antisocial.
Regarding this, the proponent tries to compare and contrast the role of due process and crime control models in shaping criminal procedure policy. Thus, the analysis includes a review and assessment of the Amendments of the United States Constitution and the Bill of Rights to the states and their potential impacts on the criminal justice system.
The remedy of the joined cases C – 6 and C 9/ 90 Francovich and Bonifaci v Italy is based on fulfilling specific obligations associated with the need to meet specific conditions with services or products provided. The case stated that there was the need to meet three conditions when delivering products or goods.
President Obama makes an emphasis on the necessity of immigration regulating laws development and he considers this law “to undermine basic notions of fairness that we cherish as Americans, as well as the trust between police and our communities that is so crucial to keeping us safe” (Anti-Immigration Law).
These recent legal decisions have contributed a lot to refine the traditional stipulations surrounding them. This has been well illustrated in the amount of emphasis currently attached to beneficiaries’’ loss as a result of a trustee’s actions. The law provides that a trustee should manage a trust property (in this case a fund) on behalf of beneficiaries.
Quality should not be diluted but it has been argued that diversity increases the quality of judicial decision-making in its most traditional sense. Different judges from different backgrounds potentially bring different viewpoints to the table and thereby alter the outcome of cases, as well as ensuring that our justices remain most qualified.
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.
The aim of the bill is to boost “consumer trust” by having the web email providers “wipe the database” and “strengthen protection” concerning emails and exchange of information among web users and companies. Aside from web providers, the bill also applies to social networks, mobile gadget companies and even computer game companies that randomly solicit data from visitors and subscribers.
Just like practicing law, doctor’s practices are equally developed under the very stringent regulations that guide other professions like law. This is ostensibly to cushion the public from possible extortion by these professionals who are known to be very swift in such cases.
This case represents a contract of sale whereby, Winston Graham purchases a second hand vehicle from Daly Car Sales Ltd. A contract of sale, as such, is a form of a legal contract involving exchange of goods, properties as well as services for a mutually agreed amount of money or its equivalent.