Law Essays

Though having its underpinnings in the earlier conventions like the Uniform Law on International Sale of Goods (ULIS), the Uniform Law on the Formation of Contracts for the International Sale of Goods (ULF) and Uniform Laws on International Sales (ULIS), CISG is considered to be more global in nature as it caters for the needs of diverse countries.

The doctrine of horizontal direct effect applies to the right to enforce the law contained in a Directive that has not been implemented against individuals. The Doctrine Of Indirect Effect applies to the right to enforce the law contained in a Directive that has not been implemented against the state. 

Many commercial activities are controlled and monitored by the laws for the benefit or protection of different stakeholders. Moreover, several laws have been enacted to cater to special interests such as human rights, consumer protection, and many other special interests. This essay is going to analyze two cases that involve several scenarios in the realm of aviation law. 

Based on this research in the eventuality of any conflict arising between the different arms of the State the conventions shall be looked upon as the reference from where the organs of the State shall derive the limitations of their power, along with the conventions working as an antidote in the manifestation of the principles fundamental rights and right to have a working Government.

The U.S. infrastructure is vulnerable to such man made cyber-crime from both domestic and international enemies. This has been made possible by the huge growth of the internet all around America, and the ever-growing dependence of the national setup on the internet.

Despite all the research that has been done on smoking, millions of Americans still use this form of tobacco.  In fact, 45.3 million adults, ages eighteen and over, still smoke in the United States.  That is 19.3 percent of the adult population (Center for Disease Control, 2011).  Tobacco use has been popular for many decades, but in the past, Americans did not know any better. 

Lake Constance is another body of water that has presented issues, according to Folger (2003), and, as with the Gulf of Fonseca, court intervention was necessary to resolve the dispute.  In this case, according to Sanei (2001), the lake in question was surrounded by Switzerland, Austria, and Germany and was controlled by the 1867 Bergenz Treaty.  

According to physiology today website, Marriage is simply making public a relationship of two individuals who love one another and are willing to relate for life, and to make their union official. Off-late though, the trend of permanency in the marriage has been diluted because of an increasing trend of divorce among couples because of different challenges they face when they relate in the institution of marriage .

The house was in the name of the husband alone, and the wife had not contributed to the purchase price. She claimed a beneficial interest in the house on separation. It was held that she had no such interest because neither there was an express agreement nor an implied intention that could create equitable interest for the wife in the house.

The appellants were police officers of the Sussex Police Force and were involved in the planning of an armed raid in a private house in Hasting. The raid went bad and one of the inhabitants of the house was shot by a police officer. our of the five appellants were implicated in the subsequent case albeit were not involved in the shooting.

By all means, the criminals should convicted and be punish for their criminal acts. To come up with a fair and just criminal system, the prosecutors should be neutral and impartial when it comes to making decisions whether or not to convict the defendant from the crime he or she is being accused of

Known as “Mother of Feminism”, Mary Wollstonecraft is one of the earliest feminist ladies who pour out her personal feminist thoughts in the classic essay, “A Vindication of the Rights of Woman”. Various feminist movements fight for different rights of movements such as equality of rights, the right to earn their own living, inheritance rights, etc.

The author of the paper argues in a well-organized manner that the inability of the legal authority to meet that challenge and put down its open derision could undermine its legitimacy in the eyes of the public. In the US, the La Cosa Nostra, which literally means “our thing”, also known as the Mafia has challenged its authority since the early 20th century.

Considered the factors of age, sexuality and gender in the examination of crime, in conjunction with the issue being examined in the traditional class-based approach. The authors discussed topics ranging from criminology and the study of class, race, gender; victimology and the patterns of victimization; and criminal prosecution, among others.

Cultural Concerns and Influences. The different constructive elements, which constitute the American culture and the American characteristics, differentiate them from their neighbors, European nations and other countries of the world. In America, a mixed culture is evident due to migration of people from different countries with different cultures.

Child Labor is considered illegal and, thus, should be abolished. This is to ensure that children do not fall prey to occupational hazards, exploitation and other industrial malpractices. Instead, they should invest their time in gaining education and knowledge that will bring them better employment prospects in the future.

This means a person is guilty of first degree murder if death results due to some felonies such is kidnapping, rape, robbery, burglary etc. One may be charged of first degree murder even if he is committing a different crime of domination. For instance a sexual assault, taking hostages or inflicting forcible confinement-in each of these aforementioned cases the intention is domination and the ulterior motives are different but if death occurs during the course of these crimes, then the murderer will be charged of first degree murder.

The British society began to move away from physical punishment and towards imprisonment in the 18thC; the main objective being to reform the mind and body. Consequently, these changes assisted to pave the way for penitentiaries across the world and the entire Europe (Barnes, 1972).

Officers must be able to write concise and coherent reports that will be understood in court. Background knowledge in accounting, computers, weapons, business, special driving skills, and foreign languages is useful. Law enforcement officers must also be in good physical condition possessing strength, dexterity, and good vision.

Consequently, universities such as Sussex have the obligation of presenting factual information on former and current as an obligation of exercising duty of care. In the process of proving negligence in tort law, the claimant has the burden of proofing that the negligence was prima facie or there are just reasons to impose liability.

The right to a trial by jury is a cherished right in this jurisdiction as it was decreed that a freeman shall not be imprisoned unless by the judgment of his peers however this deeply enshrined tradition of “being tried by a jury of one’s peers” is under attack because it is slow and it entails more expense than a trial before the magistrates’ courts.

The scope of free movement of persons has been broadened in an attempt to adopt a non-discriminatory assessment of member state workers. Two theories have been used in an attempt to elaborate on the EU provision of free movement of persons? The discrimination theory aims at eliminating protectionism ensuring persons and goods are treated formally.

The recent revisions made in the Law were required to ensure a greater application of the law, both in the letter and in the spirit, and a greater ease of flow of information between the shareholders and the board.

There are many ways of avoiding tax and each and every transaction that does that comes to the knowledge of taxation authorities after the financial period ends. At that time, they can only take measures to avoid such practice in the future but the tax that has been successfully avoided remains uncollected.

Both parties must be well conversant with the terms of the contract. Acceptance of contract by a party takes place when both parties agree to the contract by way of the statement and in writing (Meiners, Ringleb & Edwards, 2012). However, before a contract can be termed as legally binding, several requirements have to be met (Meiners, Ringleb & Edwards, 2012).

The first thing that happened was the deregulation of the natural gas by the government and this meant that the company’s executives could maintain agency over the earnings reports which were released to investors and employees. The agency contributed to the skewedness in the Enron’s earning reports as losses were not illustrated and investors kept investing in the seeming profitable company (Thomas, 2002).

Amid the increasing number of felonious acts committed by young offenders, there is an increasing demand among advocates to uphold the juvenile justice system to reform and rehabilitate young offenders. The policies and procedures vary in every state albeit the universality of international instruments extolling children’s rights and welfare.

The Federal Trade Commission Act prohibits unfair methods of conducting business. It restricts deceptive means of ensuring high profits to business owners. In selling gasoline for less than the prevailing cost, a seller violates the case and is by definition engaging in unfair practices. He is liable under the Act to penalties imposed on him.

The procedure of arbitration is basically designed and executed within a sphere of the private, unofficial, rapid, and economical environment with the provision of the parties exercising additional control over the process with the addition of clauses at the juncture of dispute evolution and simultaneously transforming certain rules of the arbitration for suiting up of a particular dispute.

Other states have however permitted these transfers only from the nineteen forties. All states have had at least one provision for trying certain youth of juvenile age as adults in criminal courts and such provisions are normally limited by age and the type of offense committed.

Human rights are very fundamental in human society and this is evidenced by its adoption in international law, constitutions of many states, regional institutions law, and policies of private and non-governmental organizations. Most human rights provisions in various legal jurisdictions are informed by the provisions of the Universal Declaration of Human Rights.

The Practice Statement of 1966 was made by Lord Gardiner in the House of Lords. As per this statement, the House of Lords could now have the freedom to move away from a 'rigid adherence to precedents' so that the process of law development happens smoothly and there is no restriction that stands in the way of law development.

Intellectual property law is an important instrument of fighting intellectual theft. Consider for example, if there were no laws regulating the usage of innovative ideas and inventions. People would take advantage of this situation, and use other people’s ideas to advance their own economic and social agendas.

It is clear that Billy being a grown-up of sound mind would know that his act of hitting another person on the head with a chair would have enough force to cause some hurt; in fact, it is clear from the fact that he raised a chair and brought it down upon Hilda’s head that he meant, in fact, to meaningfully hurt her in some way.

The idea of “separation of powers” accepts that powers should undergo devolution into these three different branches. These include legislature, executive and judiciary (Coper & Williams, 2001). The reason for power separation is its ability to allow power to be exercised in three different ways to achieve the holistic goals of a government.

The purpose is to provide medical care and rest and recuperation for the employees of the company and the family of the employees. The trustees would not be allowed to use this money for any other purpose, other than the purpose set out originally. The fund held by the Hipley Textiles workers appears to meet all the elements of a valid trust.

As a general rule, goods premafacie passes with risk depending on the essential terms of a contract (Sale of Goods Act 1979, S. 20)1. In Section 20A and 20B (Sale of Goods (Amendment) Act 1995), we are concerned with the passing of goods and risk to the buyer for unascertained goods in the bulk upon ascertainment.

A rights-based approach to social care delivery demonstrates how placing human rights at the center of health, and social care services can deliver better outcomes for both service users and staff. Local authorities have opportunities to promote and safeguard the rights of social service users based on commissioning social care services.

For effective determination of direct effect, the EU article meets the following criteria key among which are clarity and unconditional. Additionally, the article must have a negative obligation, contain no reservation on the part of the member state and not depend on any national implementing measure.

The author states that under this case, Abdulla and others, who are the plaintiffs, had brought 174 equal pay claims against the Birmingham City Council, which had to be determined by the Supreme Court. Previously, the case had been dealt with by both the high court and the court of appeal, which had upheld the same ruling.

However, it is most unfortunate that at times complaints have to arise against a firm and the services it offers to the customers, which serves to affect the relationship of the firm and the clients. Thus, it is fundamental that a firm should establish client-relations policies, which serves to guide how the clients relates with the firm, as well as how the workforce of the firm relates within the organization, to project the right organizational image to the clients.

People organize or form associations and arrangements for everyone to live peacefully with each other. One of its crucial distinguishing characteristics is the formation of a government, the social contract, in which citizens gave up their rights in favor of this government in exchange for some protection. The government applies its laws with fairness.

Today people increasingly depend on mortgage loans to purchase land/properties and to build homes. In order to secure their credit, mortgage lenders include strict repossession terms in the mortgage deed. It is observed that some complex legal provisions like restrictive covenants adversely affect land/property deals because such rules limit buyers’ rights on the property.

The United States (US) has made considerable improvements in the criminal justice system for ensuring the safety of its citizens and maintaining order in society. Nevertheless, the criminal justice system of the US has faced issues with respect to discrimination. It has been alleged that the US criminal justice system encourages racial disparity by mistreating Blacks, Hispanics and other subgroups.

The petitioner in this case was Mr. F. David Mathews, while the defendant was Mr. George Eldridge (OYEZ, “Mathews v. Eldridge”; Legal Information Institute, “Powell, J., Opinion of the Court”). FACTS OF THE CASE MATHEWS v. ELDRIDGE, 424 US 319 (1976) is a litigation of the Supreme Court of the United States, which is related with securing the social benefits of the US citizens.

The applicability of the concept takes place on the individual, state-level and regional and international levels for resolving conflicts. The concept is applicable in resolving the conflicts amongst the individuals, independently amongst the states or regions of a country, or amongst different countries functioning on the face of the earth.

In UK, the courts will apply an equitable jurisdiction which permits it to annul a deliberate disposition where a donor or an executor demonstrates that he bequeathed disposition due to grave mistake which became unjust on the side of the donee to enjoy the asset gifted to him.

Unfair dismissal arises when an employee initiates proceedings for the enforcement of a statutory right or when an employee has reason to belief that his or her statutory right has been infringed upon. If we consider the facts of the case, we see that there was indeed misconduct and non-performance on the part of the employee.

Firstly, a national development plan should be in place that includes national and issue-based plans. Secondly, the benefits of the proposed FTA should be clearly identified and noted by the developing nation. Thirdly, the developing nation needs to assess its resources and evaluate them before entering into an FTA.

Arbitration is a specially established mechanism for the final and binding determination of disputes concerning a contractual or other relationship by independent arbitrators by procedures, structures, and substantive legal or non-legal standards chosen directly in indirectly by the parties (Lew et al 2003).