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In the paper, three instances where the very provisions of the ‘but for’ law have been affected will be discussed. There are two major schools of thought. The first school hold the believe that the minor legal stains that are made to the ‘but for’ test is eventually taking away the core value of the law that sought to protect the most vulnerable.
Elvis and Dionne purchased shares of Holly plc believing on the audit report prepared by Mercury & Partners which stated that the company’s assets were worth $8 million. It was later revealed that the audit report was carelessly prepared and that the assets of Holly plc were worth only $1 million. Elvis and Dionne each had to suffer a loss of $100,000 as a result.
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At the signing of the agreement, there were some agreements that were made between the claimant and the respondent. It stated that the date of completion would be stated by the seller. The completion date was approximated to be the month of July the year 2009; however, the date of completion could be extended by a year by the respondent
The concept of right and wrong are rooted in the human psyche, as most people at a given age, can differentiate between what is ‘good’ and what is ‘wrong.’ This is the governing aspect of most laws that are established in different countries. However, some people break these laws due to various reasons. Breaking the law is subject to punishment or corrections, which vary in different countries.
The reason why cases are conducted in legally recognized courthouses is the sensitivity of the issues involved in the cases. The court is an impartial ground where the person is not judged according to their religion or faith allegiance. The constitutional law is above all other small laws that are set up by groups or individuals.
The possibility of the rights of co-ownership between Susan and Edward is first ruled out given that Edward was the sole Registered Proprietor of the Columbus Farm and Susan had no legal ownership of the farm. Based on the mirror principle, the idea or concept that land is registered implies that the registration reflects the totality of interests and rights regarding the title of the land.
United States v. Wade
Two weeks after his arrest, Wade was placed in a line up with other similar looking men where the two employees who were present during the robbery positively identified Wade as one of the perpetrators.
The witness identification procedure was undertaken by the FBI without considering the need of the accused to have legal counsel present.
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According to Carr (2012), therapy counselors acknowledge that family units defers from one household to another. The difference arises from factors like social and cultural backgrounds of household couples. Social background plays an influential role in determining individual’s values and convictions.
Still, this type of ‘plain’ corruption is, in some instances, the easier variety to prosecute because of its obvious wrongness. There is another common type of corruption that undermines the true objectives of police operations in most communities worldwide. Law enforcement officers basically aim to arrest and prosecute all known criminals
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Even though, violence often develops from emotions that are often hard to control there are distinctions in moral culpability. Murder is the illegal killing of a person with malice, which denotes the highest level of moral responsibility or blameworthiness.
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Criminal activities in society continue to increase as people are labeled with names for their past mistakes. For instance, persons who have committed crimes previously in their lives tend to be labeled as ‘criminals’. People need to feel loved and appreciated in order for them to change from bad habits (Schur, 2001).
The essay will discuss the current framework for inter-agency arrangements regulating child protection laws in the UK as well as the current practices and policies that have been reformed over the tears with reference to the Children’s’ Act (2004), and Working Together to Safeguard Children Guidelines (2013).
Money laundering and corruption are crimes that attract hefty penalties and jail times in many countries today. Money laundering involves the legitimization of illegally gotten money through the use of legitimate avenues. Many governments have ratified the UN conventions that are aimed at controlling the proliferation of money laundering practices.
In many jurisdictions including the UK, public limited companies are required to establish a remuneration committee in order to deal with executive directors’ remuneration. The remuneration committee is a ‘sub-committee of the board of directors’ (Bender & Porter 2003). The remuneration committee members and remuneration consultants are the key players in the remuneration-setting arena (ibid).
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Incestuous crimes are prevalent in our society at alarming rates and are becoming the cause of severe psychological, social and emotional distress for victims and their families. Incest is a multi-causal crime and is brought about by various family circumstances, child’s vulnerability and parent-child relationships.
Indeed violence is a social malady that needs to be eradicated. It is a mark of barbarism and modern society should strive to remove it from its practice and consciousness to become truly civilized. Violence takes many forms from assault to life and property, to simple bullying that uses brute force to assert its will over another. s.
Personal privacy has been invaded with the introduction of instant photographs and newspapers. People are now afraid that what they do or speak in secret may come out into the public domain if new laws are not put in place to protect individual invasion of privacy. The law of tort provided the individual with a remedy from life and property interference.
The new reform presented as part of the Welfare Reform Bill was criticized by many as giving “won't-pay dads a way out...” Toynbee called it, “father's day admonition to men who refuse to pay for their deserted children...” The Guardian published another report that said, this reform “would hit poorest families hardest.
The Miller's sought an injunction to prevent this from occurring again, and the decision was appealed three times, and finally, the Court of Appeal in the case, decided that the cricket balls did not constitute a nuisance, and the injunction was therefore not granted by the court.
The hypothesis of the research is that the police officers, in the USA, indulge in racial discrimination in cases of arresting individuals for crimes. Due to this method of racial profiling followed by the police force, Blacks are arrested more than the Whites for a given set of crimes.
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Crime stories dominate the TV news every day. Crimes and violence are a worldwide phenomenon. Well, it is not surprising anymore. In fact, since the 1960s crime rates in the United States rose steeply at an alarming level as noted by Newsweek magazine in its February 27, 1967 issue. (Magazine Articles from 1967)
The fundamentals of correctional procedure, rehabilitation, security, and protection basically cannot happen without competent and reliable employees on the forefront, who are dealing directly with lawbreakers. However, it is hard to locate straightforward, meaningful information depicting the attributes of a quality correctional officer.
A business establishment may also be involved in a lawsuit under the corporation code or other laws that establishes the entity as a business firm as a sole proprietorship, partnership or a corporation, offer or sale of securities, non-payment of tax, and several others.
This is a case of a vicious mass rapist and murderer Esherman. At the beginning of the movie, things seem pretty simple and there is every reasonable evidence against the confessed rapist-murder. Prosecutor Jansen did not therefore have any reason for being more conservative, relentless and incisive.
Furthermore, it suggested our efficiency in identifying and evaluating our topic with less information at hand. Another good feature we had was preparing three weeks before the presentation. Gathering relevant information and significant insights is necessary to prepare an audience-appreciative presentation -- a presentation that speaks well to its audience and effectively conveys the message.
The National Labor Relations Board (NLRB) has two major functions: (1) conducting and supervising the representative elections and (2) ruling over the employer and union unfair labor practices (Kaps, 1997, p.136). And, Section 8(a)(1) of the NLRA states that “ it shall be an unfair labor practice for an employer to interfere with, restrain.
There are terms to watch in this provision, specifically, qualified staff. The reasons provided in the act include the birth of an infant, adoption or fostering of a child. Workers may be entitled to leave if they want to cater for family members such as children, spouse or parents with significant health problems.
The subject is controversial all over the world. One side of the debate is opponents who believe that abortion is murder. Another group argues that a woman should have legal rights to decide on whether to have a child or to abort. The Supreme Court faced the wrath of the opposing sides on the issue of abortion, which led to the Roe versus Wade.
The Preamble to the United Nations Charter speaks about the human rights which details as follows: “We, the people of United Nations resolved ---- to reiterate faith in basic human rights, in the worth and the dignity of the individuals, in the analogs’ rights both to women and men and of countries, irrespective of their size either small or large”.
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It was introduced just a year after the airmail act, which marked the beginning of economic regulations of commercial air transportation in the United States (Wolfe & NewMyer, 1985). The efforts to have some form of regulation in air commerce were rated back in 1911 when it was suggested that the American bar associate should look forward to formulate laws to govern the aviation.
EMTALA requires that healthcare services providing institutions extend medical attention to any person who is in need of the same: his legal status, his ability to pay for the medical services and his citizenship all notwithstanding (Levy & Pravikoff, 2012).
Does the law allow this behavior? And is it justified to drop out of the contract? When handling minors and contracts, such questions are inevitable. In the United States of America, a minor is any person below the age of eighteen. In an effort to guard minors from unfair contracts, the minor can decide to void the contract via disaffirmance.
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In the US, the issue of equality is always a strong consideration in whatever government programs and justice system activities would be initiated, the root of various political argumentations. The issue of sexual harassment among LGBT youth under the custodial setting is another remarkable consideration in line with justice and equality.
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1927 U.S. Supreme Court case of Buck v. Bell Abstract Buck v Bell, the notorious judgment of 1927 justified Virginia’s sterilization law authorizing compulsory sterilization of those whose off-springs were genetically pre-disposed to inherit their mental retardation and such other mental disabilities.
Sections 34-38 of the Criminal Justice and Public Order Act 1994 reversed the Court of Appeal’s ruling. Accordingly, where a defendant fails to state facts while being interrogated by police that is subsequently raised during the trial or fails to give evidence at the trial, an adverse inference can be drawn.
It operates under the Federal jurisdiction of the nation (Defense Intelligence Agency, 2013). Established in 1961, DIA is liable to assist with operations and planning in the military sectors of the US along with their seizure of weapons serving as an information agent to the Department of Defense and the US Intelligence Community.
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According to UPI, as of May 2012, the National Football League already faces 70 lawsuits by 1,800 retired players including Randy White, Bob Lilly, and Rayfield Wright and other players from the Hall of Fame.
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Environmental factors play a great role in shaping youths’ behaviours and beliefs. They include peer groups, family characteristics, gender factors, access and use of drugs, poverty and social settings among others. This paper discusses these influencing factors in four domains: family, peer group, gender, and drug use to elaborate their contribution in encouraging delinquent behaviours among the youths.
Countries around the world adopted the system and leveraged, it for its sake and the needs of its population. This led to the adult education system having diversity in philosophy, history, and institutional basis. The diversity is brought about by the roles the system is intended to achieve after passing the required knowledge.
The defendant must be informed by the government with notice of the accusation. The criminal has guarantees to look for evidence against himself, and to have an attorney for his defense”. (Aschulert, 1994) There are six rights given to an accused person on the sixth amendment, which are discussed in the paper.
Uberrimae Fides in Marine Insurance.
Uberrima Fides is a Latin name by origin which is now frequently used in law documents, especially in insurance contracts. Its English translation is ‘Utmost Good Faith’1. The word was first used by the British Marines some centuries ago, however, in the recent times it is again gaining recognition and now the insurance companies dealing in marines required the reassurance of Uberrima Fides 2.
The essay will analyze how the Federal Bureau of Investigation (FBI) measures the two crimes in the Uniform Crime Report (UCR). In addition, the paper will also evaluate which of the two crimes is mostly focused on in popular culture through the media. It will discuss the differences between index-one and index-two crimes.
Every aspect of society, economy, market, property, etc has been revised and reformed. All contemporary laws both the existing ones and the newly formed aims at constructing a ‘capitalist China’. Some of the present legal reforms are borrowed from the legal norms of foreign countries. It makes some legal reforms and amendments.
These persons are not as closely supervised as other workers and they play a big role in raising income for the organization. This paper seeks to document the pressures that a sales representative working for a company that provides technical support to customers may face. The paper will delve into the dilemma the individual will be facing when the organization does not hit its first and second quarter profits consecutively.
From this paper it is clear that death penalty is an ultimate punishment, which may provoke criminals having low motives to refrain from crimes however such crimes are usually committed under an extreme state of mind or for significant motives, therefore, fear of death can have limited effectiveness in deterrence from crimes.
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. In recent years, fierce debates have risen regarding this issue as opponents argue that the public sex offender registry does not work and should be abolished, while proponents argue that it should be retained, since it has been effective in preventing sexual violence to some extent, and reducing cases of sexual reoffending. This paper argues for the abolishment of these laws and gives concrete reasons for this in comparison to having the laws retained.
The paper will examine the position of national sovereignty and the prevention of military intervention as posited by UN law against humanitarian interventions. This will involve a critique of international laws, the prevention of military intervention, and the limits of military intervention in areas like humanitarian intervention.
For instance, in Bush v. Gore, 531 US 98 (2000), which is the ultimate case of judicial activism, conservatives did not decry this case as being a case of judicial activism. But, if one reads the opinion, it is clear that the judges are straining to find reasons for the decision, and the reason that they actually found, equal protection, does not fit the case at all.
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Previous studies reveal dynamism in the environments in East Asia and variations in the environments across countries in the region. The study aims at investigating the current ethical and legal environment in the region in order to inform multinational corporation’s practices for successful ventures.
In any academic research, a student is allowed to use another person’s thoughts and ideas, but only sparingly. Nonetheless, even as the student gets to refer to the works of other people, much of their work should be derived from what they have been taught by their tutors.