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CASE STUDY Name Course Name Course Number October 9, 2013 OUTLINE CASE STUDY I. IDENTIFICATION OF LEGAL ISSUE II. RELATION BETWEEN THE CASE AND RELEVANT PRINCIPLES OF LAW III. APPLICATION OF PRINCIPLES TO THE FACTS IN THE CASE IV. CONCLUSION Identification of Legal Issue The relationship between an employer and employee ought to be defined by a contract.
It is thought that by imposing punishment such as death penalty through a clearly written law and sanctioned by the state, people will be deterred from committing crimes which includes murders and their acts will be shaped according to a desired behavior that will produce an efficient society.
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Product liability refers to an area of law according to which different business manufacturing companies; distributing agencies, suppliers, as well as the retailers, are held accountable in front of the local courts if the products or services they are offering to the public inflict injuries or are injurious to their health.
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Criminal profiling can be defined as an approach in which, an expert takes the minute details of a crime and narrows down the suspect or group of suspects, hailing from a certain segment of society who may have used specific modalities.
In the case of Bernstein of Leigh (Baron) v Skyviews & General Limited, the defendant was legally sued by the plaintiff for taking an aerial photo of the defendant’s house for commercial purposes. In this case, the judge did not accept the idea that the defendant violated the concept of trespassing since the defendant took some photographs via air.
Demographics reveal that the UK is running out of workers. Whereas the estimated requirement of workers is 13.5 million in the next ten years, only 7 million young people are expected to leave school and college and the Government is already committed to curbing immigration which is now 200,000 immigrants per year.
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With the current protracted economic downturn, the high and constant flux of the inflation rate, the government's accumulating debt and budget deficits, as well as the high number of job losses, the public is increasingly fearful that immigrants would take away jobs that should have been taken by Americans in the first place.
Severe crimes against humanity continue to avoid the attempts of the international community to deter and resolve them. The limitations of international law are increasingly shown with every human rights violation. Even the most unbearable attack on basic human rights, genocide, until now has been extremely difficult to eradicate.
As mandated by the Constitution, it is the policy of the United States government to guarantee the protection of individual rights, including those of persons who have been accused and arrested for crimes that they may or they may have not committed. In realizing this, the U.S.
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Growing evidence indicates that unnecessary job stress can be reduced in police work as well as other occupations, which would result in fewer heart attacks and strokes. In addition, some data suggests that many mental health problems begin at work and are linked directly to drug and alcohol use and conditions of employment.
Traditionally, the arms of government have had their functions defined: the legislature makes law; the executive implements it while the judiciary interprets it. To date, there has not been much change to this allocation of power to the three arms save for the common call for further separation of powers.
Multimodal transport; is essentially defined as a global means of moving goods via various modes of transport like rail, truck, air, sea, etc: Through the use of containers which ensure that the load remains intact as one unit throughout the process of transportation to its destination efficiently with minimal risks.
Each day, professionals of police make a decision and take action at the same time as balancing challenging and contradictory ethics and interests, often with imperfect or imprecise information, frequently in extremely emotional and vibrant situations, and normally under the burden of stress and pressure.
The case arose from internal disputes within the Associated Society of Locomotive Engineers and Firemen, where the claimant Mr. Brady was elected as General Secretary of the Associated Society of Locomotive Engineers and Firemen in 2003. His stint was cut short, when he got into a scuffle with the President of ASLEF, Mr. Samways on May 2004 at a barbecue. After five days, he was suspended.
Name of Student Department Course Grade Tutor’s Name 23rd November 2011 Sustainable development can be termed as one which meets the requirements of the present without compromising the ability of the future generations to meet their own needs. Sustainable development is not all about environmental protection though it is noteworthy but it is also concerned with the quality of life resources distribution and benefits, the interactions between the environment and development, and provision for the near future.1 To ensure the ongoing prosperity and the well being of the communities, we must ensure that the urban areas meet the needs of the current and future generations.
The modern-day world promotes the concept of equality and justice for all and seeks to enhance a human being’s insight into what he/she should expect from life and the way he/she should demand to be treated. Previously and even now in many places, people are not aware of their rights and are not even aware of what their country’s constitution has promised them or the benefits that have already been highlighted for them.
Methamphetamine, which is more popularly known on the streets as ‘meth,’ is considered as one of the most dangerous addictive drug plaguing the United States today. There may be other more potent illegal drugs, whether these are depressants, stimulants, or hallucinogens. What makes meth different and more dangerous though is that this happens to be one of the most easily acquired drugs.
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In April 2010, the Arizona legislators saw the need to make additional provisions on crimes and penalties related to immigration in the state. This led to the enactment of two laws: SB 1070 and HB 2162. These two laws suffered a setback before their date of effect as the US Department of Justice filed a lawsuit against them. This position paper seeks to explore the pros and cons of the Arizona Immigration Law.
The basic motive of this paper is to show all the factors that are causing an inflationary shift in the numbers of inmates, a pattern projected to continue into the foreseeable future. These factors include the recent emphasis placed on controlling illegal immigration, the crackdowns resulting from this lead to the swelling up of correctional facilities.
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Thereafter, in part two, the researchers carried out a follow up interview towards the end of the project, on the same set of stakeholders. As, the project came closer to the end, plans for the second half of the process to be undertaken as, a follow up interviews were unavailable due to time constraints.
RESTRICTIVE COVENANTS Name Course Tutor name 10 March 2012 RESTRICTIVE COVENANTS Law, defined as a set of rules for regulation of relationship between subjects, outlines rights and obligations of parties in interactions. Land law, a branch of the law of property contains rules that regulate relationship between landowners.
A single model may not suffice in preventing crime from any other potential criminal in the society as well as from the offender. Hence, there is the need to combine several models to ensure that an effective system is achieved, beneficial for society. Introduction The concept of punishment is as old as history itself and during the last 50 years efforts have been made to rehabilitate and reform the offenders rather avenge the crime.
North Carolina enacted the system in order to provide credibility and maintain uniformity of the criminal justice system. The sentence is truthful since all early parole releases are prohibited by law. The Law classifies felonies in to classes starting from Class A to Class I depending on the severity of the crime.
These are characterized by the free flow as well as the movement of goods, information, and populations. They have made society to be increasingly integrated into a single community. The sharing of information and products has greatly affected the standards of living of individuals. Populations that did not have access to quality products.
Miriam, the assistant solicitor in the specified firm – your request to work on flexible working conditions (from 9.00 a.m. to 3.00 p.m., three times a week), to enable you to spend more time with your children, has been declined. This is because your specification for the age category of your children is not clear.
Criminal Justice Systems in most countries tend to have many detractors one of the major reasons for this is the fact that it is a very sensitive area that may lead to the arrest of innocents or the acquittal of the guilty. Justice is one of the main pillars on which modern society is built. This is due to various reasons.
To start with, let us understand the definition of the deal from a legal perspective: “Agreement to sell or exchange”. In a layman's terms, a deal is an agreement, which is entered into between two or more parties for the sale or exchange of goods or services. This is the basic definition and understanding of how a deal is formed.
Hence, the surviving cohabitant is only able to make limited claims in the event of the death of one of the cohabiting partners. For instance, the surviving partner does not have entitlement under intestacy regulations, and they have to apply for family stipulation, by merit of their cohabiting relationship.
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We live in the twenty-first century and it is shameful that certain sections of the society are not allowed to formalize romantic relationships that people wish to be a part of. Such relationships are not allowed as a result of the regressive attitudes that are practiced by the state and the institutions of the state.
Generally speaking ethics involves distinguishing between that which is right and that which is wrong or that which is good and that which is evil (Braswell, McCarthy, & McCarthy, 2012). What is right and wrong and what is good and evil are typically informed by individual “beliefs and values” which are in turn informed by “our parents and friends” and by the “communities we are a part of” and “by our own perceptions” (Braswell, et.
Common-Law defences were so much made outside questions of Freedom of Speech and conscience so that in defamation and libel cases, defendants were held strictly liable, whether the information they aired was false or true, that notwithstanding. The fact that such cases were made on a state-by-state basis, made Common Law somewhat harder to uniformly apply.
Victims are important not merely because they endure most of the harms of victimization, but also because acknowledgment of this aspect has major implications for the effectiveness of the criminal justice system. Victims become the mechanism whereby a completely more practical and efficient exercise of criminal justice may easily be visualized.
The author states that the need for reform on the English libel law has been recognized through a proposed Defamation Bill seeking to do away with the “chilling effect” on the right to free expression especially where threats of filing libel suits have been frequent. Clause 4 refers to the truthfulness of the imputation.
Increased exposure to crime and violence in the media has also been a major cause of increase in juvenile crime. Youth violence has been reported to be a key cause of death of young people aged 10-24. This has mostly been conducted by youth gangs and has resulted in not only death but destruction of valuable property and disruption of social services.
Throughout the years, nations and multilateral organizations have relied on the FET as a standard of legal application, but have constantly avoided restricting its definition in the proviso, until the recent US-Chile Free Trade Agreement that marked the new generation of BITs. The rather liberal interpretations reflect the uncertainties.
I agree with the advice that Barney should take the case to court and fight Opie legally. Joint tenancy, in estate law, refers to a form of ownership where more than one person has ownership of one property or property. The individuals share equal ownership and have the same and undivided right to dispose of or keep the property.
Apart from the respective roles, the three arms offer checks and balances on each other’s powers and roles and this paper explores how the checks and balances work in the United States’ federal government. Our checks and balances work through distinctive roles of the three arms of the government that regulates each other’s prerogatives.
This law has become a subject of immense controversy today specially in athletics programs at high school or intercollegiate level. There is immense stress laid on imposing this twenty five year old law so that the ninety percent of the universities situated in Americas that are not following this law should come in accordance with it.
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This paper concludes that the international legal agencies are working day in and day out to make the world a safer place. But, they are forced to suppress the rights of few to uphold the concept of national security. The paper also adds that local criminology is also an efficient method of solving local crimes.
In the earlier times, rehabilitation was considered as a major part of the prison system. The psychological problems of the prisoners used to be studied and they used to be encouraged to develop such skills and aptitude such that they might be able to lead normal lives after their punishment is over.
The Arbitration Act controls both domestic and international business arbitration under similar standards and also contains necessities for the recognition and execution of arbitration awards in accordance to the Geneva Convention on the implementation of Foreign Awards.
The Title Register signifies the legality of the transfer of the property from Clifton and Barbara to Glen. Contextually, the claim made by Abdullah shall be treated as void concerning the fact that the contractual agreement between Clifton and Barbara and Abdullah had been withdrawn on the grounds of low price by Abdullah.
Employee Rights to Privacy at the Workplace. Advancement in technology has brought about several inventions that can both make or break an organization in terms of productivity. Like the over-intended use of any invention has negative impact, the same goes for the work place savvy technology that is in place for faster and more efficient transfer of information and messages.
A lot of people consider homeowners insurance an important purchase. This is because homeowner’s insurance protects against losses arising from a personal residence. Homeowner’s insurance can provide coverage for the place of abode, personal property, other structures, personal liability, and loss of use, scheduled coverage, and medical payments.
Criminal procedure entails the adjudication process of the criminal law. Generally, criminal procedure process begins with a formal criminal charge and result in the acquittal or conviction of the defendant (Joyce, 34). Moreover, criminal procedure deals with the set of rules governing the series of proceeding through which the government enforces substantive criminal law.
It is also critical to assess the scenarios of contract cancellation especially in contexts lacking consent from both parties. Consent involves the total agreement from the members entering into any contract such as that of Antony to provide clothe garments and jewels at subsidized price to secure more businesses while increasing sales and therefore, more profits.
Rehabilitative justice is much preferred among the ethical theories of punishment. This method fosters better faith and hope among society members of all classes, but especially the lower classes that are likely to suffer injustice and even wrongful punishment. Retribution and incapacitation work against the principles of humanity.
The study provided important insight to the case considering the fact that though all the acts of criminal charges were held against the officials for killing Azzam Rahim , the supreme court was of the view that the Torture victim Protection Act 1991 was only applicable for the natural persons and the offenders were not provided any liability towards the family of the victim
The formation of a retail business entails a voluntary alliance of persons who plan to carry out a business for profit maximization purposes. The basis of partnership can be made legal by either the word of mouth or through a written agreement. The partnership agreement administers the partner’s relation to each other and to the partnership.
This discussion stresses the functions which are generally performed by the event managers in making a specific event successful, as well as determining the applicable legal regulations concerning the health and safety aspects of the audiences and other stakeholders. The success or failure of a particular event or a concert largely depends upon an event manager.