Law Essays

A tort is a civil wrong committed by a tortfeasor/defendant against another person called the plaintiff (the injured person).  When a tort has been committed, the plaintiff succumbs to injuries/losses. The losses sustained by the plaintiff may take numerous forms such as economic losses, violation of one’s constitutional rights, reputation damage, privacy violation, emotional injuries, and physical injuries among other torts.

The study reflects the insignificance of Capital punishment in curbing the rate of crime conducted. The multi facet reasons behind the offenders conducting such crimes should be necessarily studied before confirming the judgment. The societal responsibility in breeding the adolescence and their eventual turning up into criminals cannot be bypassed.

The history of the death penalty dates to very ancient times. The earliest recorded evidence of this law comes from the fifth century B.C. Roman law of Twelve Tables. This was followed by the Draconian Code of Athens in the seventh century B.C. which made death the only sentence for every crime.

This paper will explore and question why the law has not succumbed to obvious calls to allow same-sex couples to be given the right to enter into civil marriages. It will be ultimately argued that the apparent reason is merely based on attitudes towards the sanctity of traditional marriage and the attempt to prevent it from being modernised. Any other reason does not seem apparent.

The author of the paper argues in a well-organized manner that in a contractual relationship, the responsibility imposed by law is in the direction of the other party, by whom there is a privity of agreement. In tort, the responsibility lies in the direction of the members of the public or the world at large, with whom there is no requirement for any contract.

Mrs. Janet Dawkins was involved in an accident while she was traveling in international waters, in a P & O cruise ship owned and operated by the defendant. The appellant slipped and fell on the cruise ship while walking through the Conservatory restaurant located on the ship. On falling on the restaurant’s floor, the appellant, Dawkins, sustained soft tissue injuries in her knee and wrist.

The case of Kennaway demonstrates both the legal consequences of property ownership and the economic encouragement of productive activity in refusing to deny a motor racing club the right to participate in a sporting activity altogether. Both aims are decidedly captured by the limits to exclusive ownership of private property.

When investment treaties outside NAFTA expressly refer to international law, tribunals under these treaties apply the equating approach to interpret the FET standard. This approach has been adopted in several awards. For example, in the recent award, the claimant alleged that the respondent did not treat it fairly and equitably.

Rick Allgeyer, director of research for the Health and Human Services Commission, told the committee that health care to illegal immigrants last year cost the state nearly $100 million, mostly for emergency hospital care.The figure includes the cost of 63,000 births – including 11,000 at Parkland Memorial Hospital.

Community Oriented Policing (COP) is a strategy and policy that aims at achieving efficient and effective crime control, quality life, reduced crime fear, improves police legitimacy and services, through proactive community reliance. The main goals of COP are to eliminate crime and crime fear, which can only be attained by involving the community.

Inmate subculture is defined by criminologists as “the informal organization among inmates comprising of a particular language and a distinctive set of informal norms, attitudes, beliefs, values, statuses, and roles that give prisoners a different perspective from people on the outside (or as prisoners say, those of us in the free world)” (Net Industries, n.d.).

An ounce of prevention is better than a cure. Instead of mulling over pretrial arrangements, energies should be directed towards instilling ethical behavior among corporations. When corporations are circumscribed by ethical considerations, there may no longer be a point to do a pretrial agreement because there are very few.

The Palestine-Israel conflict is one of the most sensitive global issues today. This is due to the legal complications that arise from Israeli’s occupation of its present territory and the intricacies surrounding the ownership of the Gaza strip and the West Bank on the Israel –Palestine border (Antonius 7).

The provisions encompass both practices, with one man being allowed to enter into marriage relationships with multiple women. Polygamy is silently referred to as, “Plural marriage” by individuals who practice it, because the term is more polite than “polygamy.” Although, polygamy is common in various societies across the world, the practice is banned in Utah and Arizona states.

There were also few lawyers and judges and those who were available did not have as much experience. Those who were apprehended and scheduled to undergo trial were filling up the already overcrowded prison cells and the possibility of the trial was very low. In other words, the adjudication for the conflict was very much low.

However, its flows were supported by direct foreign investments. These corporations expanded overseas. Singer Company is one of these corporations as it was able to establish a large factory in Scotland. Other corporations, including oil corporations, Kodak, Ford and mining companies, also invested abroad.

First, most of the decisions in terms of my career and education were earlier on influenced by my parents and teachers and I cannot claim to have undertaken decisions that would push me towards a specific career path. However, as I worked in my uncle’s barrister office, a spark was produced about law as an attractive career, which I built upon through gathering more information about law and attended a number of seminars.

In many cases, the simultaneous existence of elements related to local and foreign jurisdiction set barriers to the effective intervention of courts. The problems related to such cases are analyzed in this paper; reference is made specifically to the transnational divorces in the UK and their recognition in the context of British law.

The law and order organizations and authorities are coming to the realization that incarceration in its most regular sense has been far from being successful in achieving the envisaged social and sentencing goals (United Nations Office on Drugs and Crime, 2006, p.

This process is sometimes accompanied by a ‘pat down’ search of the outer clothing or apparel of the suspect, done with a view to ensure that the person is unarmed. While this mechanism is common place in today’s high risk world, its validity juxtaposed to the Fourth Amendment was examined by the Hon’ble United States Supreme Court in the case of Terry v.

This paper illustrates that the claimant, Geoffery Jack while driving on a highway at dawn suffered a terrible accident. The accident occurred as he was skidding across a road and hit the parapet of the bridge that rendered him almost paralyzed. He alleged that the accident was caused due to the presence of ice on the highway and brought an action of damages against the Wessex County Council.

A child means any person under the age of 18 years. Competence is described as, that capability of someone to function as witness. For a minor to become a witness, then the court must perform a conformity test. The child is also in obligation to give evidence that is truthful1.

In society today there has been a raging debate on the best way to treat the mentally ill persons in the community. The mentally challenged persons pose different serious threats and risks to the well-being and security of society. However, these people are human beings just like any other with entitlement to the basic rights as provided by federal law.

Justice Scalia’s opinion resulted in a storm of disagreement and violent opposition. Justice Scalia believes that the 14th Amendment does not protect and does not have to protect U.S. citizens from sexual and gender discrimination. This, however, is just a subjective opinion that reflects Justice Scalia’s homophobic prejudices and does not reduce the importance of the U.S.

It discusses the scenarios that the local Government ought to consider and also lays the individual perspective of the most desirable prospective. The identified issues are compared to the Basic Law and immigration policies of Hong Kong.

Appreciating the important role played by correction officers, the paper evaluates the in-depth responsibilities of these officers, their academic qualifications, and attributes necessary for effective executions of their mandate. It also analyzes the classifications of prisons and the security levels that define these classifications.

It revolves around antiquated statutes that ever since the laws were enacted have seldom undergone any major or minor meaningful change. The judicial and legislative parties have always attempted to look at the issues, and the resolutions have created more problems than solutions. Comprehensive judicial reforms on homicide law will go a long way.

Of these inmates, the male inmates were 1,337,668 while the female inmates accounted for 96, 125. The number of the female inmates has been on upward trend. From 1977 to 2004, the population of the inmates has increased by 757%.

The American Constitution can be deemed to be among the most imperative legal manuscripts in the record of the contemporary world. It has guided the United States since it gained independence from Britain from being a loose federation of former colonies, to becoming the most powerful countries in the world.

This paper critically analyses whether the current international legal framework applicable to protecting and assisting victims of human trafficking is indeed adequate and effective. In order to perform the critical analysis, the paper provides a deeper understanding of the definition of human trafficking and its victims. In addition, the paper identifies the current international legal framework applicable to protecting and assisting human trafficking victims before critically analyzing its effectiveness and adequacy. A concluding remark on the thesis statement winds up the analysis.

A man who talked about child cannibalism online was recently charged with enticing a young, 15-year-old boy for a sexual encounter (Solis, 2012). The man, Robert Mucha of Newton, New Jersey, had in the past been charged with child pornography.

Details of the case are found in the ‘Risk Assessment Case Studies’ sheet. Colleen’s Case After arrest, colleen is likely to be taken to a juvenile hall. Three options are available at this point: the case might be thrown out, or she will be enrolled in an informal probation, or detained in a juvenile hall.

The most common challenge to police ethics is the rotten apple issue which presupposes that public corruption begins during the hiring process itself. It begins when an organization hires or accommodates individuals who are morally decrepit to dispense public service such as law enforcement and as such, susceptible to corruption.

It is for this reason that the law still inspires a need to justify its place in our society. Several reports, texts, and documents have been presented to create a clear and justifiable explanation for the Intellectual Property Law regime. The legal relationships between different objects, individuals, and the state are not easily justifiable.

This paper responds to certain questions regarding labeling and the cultural deviance theory. In response to question 1, besides the labeling theory, an alternative theory that could be utilized to avoid stereotyping within the criminal justice system is the cultural deviance theory because it does not present criminals as immoral and sinful people.

Lauren could thus get an occupation injunction that allows her and her children to go back to their former home, without any objections or hindrances from Paul. The act allows the court to order her immediate move into the house and will thus ensure that their lives continue without any interruption or with minimal disturbance.

The Texas Abortion Bill that was passed recently by the Texas Senate continues to be a source of controversy. In this bill, it will be illegal for any woman to undergo abortion after a 20 weeks period of pregnancy. In addition, abortions in the period before 20 weeks of pregnancy will only be procured in ambulatory surgical centers (Hegar Web).For this reason, all the clinics in Texas that procure abortions will be forced to closed, except for five.

The criminal justice system, in sentencing juvenile offenders, must also be looked at to determine if harsher sentences should be imposed on those who are younger than 18 years old.

The new culture has been created within the prison system to define the status and position of members of the society. Attica Correctional Facility can be used as an example of how a social group creates hierarchies of respect and status when placed together and outside of other social pressures.

The sexual violations may induce permanent trauma on the victim if not properly taken care of. Sexual violations among children is a problem that has been seen across the world and even in Canada, reports show an increase in the number of sexual violations among children.

Generally, the ruling of accidental cases has been subjected to many legal criticisms based on differentiated inferences. Accidental events usually depict a negative outcome, which could have been shunned or prevented subjected to the prior recognition or prediction of the unfavorable circumstances.

APPLICABLE LAW FOR THE CASE With regard to the case of Jami Jensen, the Title VII of the Civil Rights Act of 1964 can be applied. This law is charged against the conduct of sexual harassment by the employees in the workplace in the United States. She was eligible to get certain compensation for the damages she had to suffer due to the ill treatment of the company as that company was liable to abide by Title VII of the Civil Rights Act.

The generalized function of CSR-related policies is to ensure internal compliance to regulatory frameworks and government-induced policies, to monitor the internal activities of the organization to meet ethical principles mandated by society, government, and business, and also to advance social good (McWilliams and Siegel 2001).

Supremacy of the European Union law is a legal concept unanimously adopted by all member states of the economic and political body. The concept provides that European union laws must be superior to any local law in the respective member states thus in case the laws of the respective member states conflict with those of the European Union, the laws of the countries are ignored.

Sexual harassment in the workplace is a growing problem in the United States and elsewhere. Federal and state anti-discrimination laws protect employees from sexually charged conduct in the workplace. However, there were some barriers to the effective prevention of sexual harassment at work, as shown by the various cases discussed.

Therefore, both parties, that is, insurer and insured are tied by the principle of utmost good faith to give full disclosure on the insurable loss, obligations and implications on each one of them. However, the case study on Mr. Farid v Prudent Insurance Inc shows violation of some basic principles of insurance.

Courts are universally responsible for dispute resolution when a complainant remits an accusation to the other party. Both parties possess equal rights in a way that the accused should be allowed to shield themselves from the charges, since the accusation may be false. The court systems that interpret and put the law into practice are called the judiciary.

Mr. Hay without prior knowledge of the impending outcomes went ahead and acquired Bramble Farm from Mr. Major Thorn. He failed to ascertain the legality of the ownership of the land by Major Thorn from the land registry offices which could have helped him get a clear copy of any other owner of the land.

Ethics Form A Comparative Legal Political Analysis on Child Labour in India and Pakistan Opening remarks This ethics proposal form was meant to be submitted prior to the research for my dissertation. However, my lecturer did not inform me at that time that I needed to submit this form.

The author says that Libya and Iran are two oil-rich countries where nationalization of international oil companies have taken place with various legal problems where the International Court of Justice (ICJ) have intervened and have declared various decisions. The large multinational oil companies have attained efficiency.