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The Pros and Cons of Challenges to the Appointment of Arbitrators
Arbitration is considered an alternative method of resolving disputes, which is preferred to litigation, though there are several forms of alternatives of dispute resolution with merits and demerits.
Business litigation happens to both private individuals and public business entities since they are all involved in legal issues from time to time. The paper provides a definition of business litigation. The paper also discusses the instances under which business litigation happens and the cases which involve business litigation.
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Consequently, the singular purpose of having the three branches working separately is to promise that they do not become too powerful to infringe on the freedoms of the population. In analyzing the three branches of the government, we see that all of their functions serve the public differently
In order to see the country’s Medicaid budget reduce to a considerable amount that does not exert a heavy toll on the rest of the government’s departments, several congressional representatives have come along to suggest multiple ways highlighting how to go about it (Arnold, R2011).
As a result, jurors are given the opportunity to listen to impeachment evidence that may undermine the credibility of the witness. Thus, the big task is to determine if the evidence provided by the witness in a trial is truly credible or not. This brings in the concept of impeachment, which is an attack to determine the credibility of evidence given by the witness in a trial.
Estoppel in law implies to stop or bar a person from denying matters or truths that he/ she expressly or impliedly stated. Promissory estoppel can, therefore, be defined as the legal doctrine that bars a person from making a promise and then withdrawing it at a time when a second party has reasonably acted upon the promise to their detriment.
The author explains that the Homeland security was created in 2002 by the Department of Homeland Security Act (2002). Creation of the department brought together other 22 government agencies that were reorganized to become one department to oversee security matters within the USA territory.
Police departments have always had to contend with negative publicity, particularly when too many arrests have been made in a neighborhood, over traffic tickets, or even in claims of police brutality. Therefore, it is essential that departments find ways to present a better image to the public. Foot patrol and horse patrols are two types of patrol operations that police departments conduct in any large city.
Allen could not just fire the three employees for making complaints unless there is a cause as defined in the Employment-at-Will doctrine. He also has an opportunity to be a whistleblower by reporting to the OSHA the illegal and unethical activities practiced by PharmaCARE that are also a threat to public safety and health.
Any program implemented by the police to solve neighbourhood problems will have greater success when the community is involved as partners. It is important that the police are seen as the helping hand to reducing crime of any type in the neighbourhood and that the police are there to help and not promote fear, except for the offenders.
Legal education presents one with abroad range of perspectives critical to functioning fully in society. Lawyers play a critical role in society, and society possesses a responsibility to educate its legal minds. Indeed, law plays a fundamental role in shaping society’s civilization. In the same way, nature manifests its own laws.
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The advancement of technology is availing services and products that people never thought would exist. They are used for sensitive surgeries to ensure that there is enough precision as per the requirement. Even with that precision, robotic surgery is faced with a lot of controversies. There are legal and ethical issues associated with the procedure.
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Similarly, in the short story Navigators by Mike Meginnis, the characters drown their problems using video games to avoid the realities that they have to face. Likewise, in other short stories such as Volcano by Lawrence Osborne, Diem Perdidi by Julie Otsuka the characters employ several techniques to create illusion and experience the imaginary world.
Affreightment is the contract where the ship-owner or his/her agent agrees to carry goods by sea. It also refers to the agreement to provide a sea-moving vessel to be used for the purpose of carrying goods. The contract is entered through a charter party and it is evidenced by the presence of a bill of lading. Charter party happens where the shipowner agrees to provide the vessel for a period of time.
A case study is a statistical method of data collection, recording and presenting of information relating to a specific person, or group of people in a specified area or a situation over a period of time. One of the iconic pioneers of law in health issues was Dr. John Snow (Goodman, et al 3). This came after an outbreak of cholera and thus states had to enact proper rules to regulate the spread of this contagious disease.
This was however not the case when the BOP which is very important was bumped and even pieces of rubber found on the oil. Four weeks later, there was an explosion caused by the neglect that was present among the workers and supervisors. They also neglected the safety fact of using 21 centralizers as is required and used six while awaiting for the rest of the centralizers to come, this was despite warning of not using the fully required number of centralizers.
On the other hand, Smith asserts his civil liberties under the U.S constitution override this vague law. This paper places this scenario within the legal and constitutional context. Arguments in favor of Smith California passed a law prohibiting human cloning in 1997.
The steps followed to achieve the desired goal are accomplished by providing its history, development, international sport policies with particular emphasis of the policies of Canada and the US, its governing bodies worldwide.These detailed topics are referenced with reference to topics “Historical Perspective" etc.
Article VI of the constitution of the United States commonly referred to as the supremacy clause proclaims the Law of the US and its constitution as the supreme law. This in essence means that any act by the federal government in the exercise of its constitutionally mandated powers prevails in the instance of conflict or inconsistency with state legislation (McAlinn et al. 403).
The right to a trial by jury is described as a “unique institution” introduced by the Common Law of England and transported to its colonies during the colonial era. Not only did the British colonies retain the jury systems after obtaining independence from the British colonies, but several other jurisdictions in Europe adopted some form of a jury trial.
The following paper operates mainly based on research questions which can be stated as follows: How do the courts quantify personal injury claims? Such quantification is not easy and most judges rely on similar previous cases to award. In the UK, solicitors in most cases refer personal injury as general damages for suffering and pain.
The discussion seeks to answer the question: What are the rights of warships to unhindered passage through territorial seas? Is there a difference between nations that have navies and those that do not? Does the Court need to consider in order for a rule to be established as customary, if there must be absolute conformity and practice with the rule or is it enough that there is a general consistency?
The context above can be properly dealt with in the context of Australian contract law. The law states that a contract is an agreement that has been entered by two or more parties with the intention being to create an obligation that is legal. The law also adds that a contract can either be written or be in an oral format.
The author states that the government and various financial institutions have made significant efforts of preventing and detecting and fraud issues. This is when making transactions issues that involve dirty money. Corruption is a moral impunity that involves embezzlement of funds and bribery issues.
As the definition implies, there are three aspects to the lease. The first has to do with the exclusivity of the possession. The second has to do with the fixed nature of the lease in terms of time. The third is that the term of the lease has to be shorter than the lawful time to which the grantor of the lease has possession of the land.
The ‘work made for hire rule constitutes an exception to the general rule that copyright ownership naturally belongs to the author or creator of that work, implying that in such cases, the employer or the person for whom the work is done or created is deemed the copyright owner of the work. However, this can be true only if there is no express agreement in writing signed by the parties.
The jury already has some bias going into the situation and it would be difficult for them to be impartial. The law says that the individual must receive a trial and the defense must do their best to stop the person from going to jail. It would be up to the prosecution to provide evidence that the individual accused actually did the crime.
Examining the different approaches which are associated with the movie also shows how the concept of corporate ethics and the establishments which are governed by those in society remain one of the most important parts of the trade. The characters define the main problems with ethical considerations as well as relate this to the compliance with legalities that are taken into consideration throughout the movie.
The authors argue that the current war on drug policies failed because of the failure of the authorities in identifying dimensions with respect to the social, economic, health, political and human costs of the current antidrug crusade. American government spends billions of dollars every year to counter drug abuse; however these huge expenditure failed to meet its objectives. Illegal drug use was declining before the introduction of the drug war; but after the introductions of the drug war, the illegal uses of drugs seem to be intensifying.
However, nothing is as important as conducting research in order to help solve cases presented in courts. In this regard, research in this field presents justice practitioners with detailed information to ensure efficiency and effectiveness in their operations.
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Missouri Plan. The research paper is based on the Missouri Plan for selecting judges. It analyses and provides the Plan’s history, set up, advantages and disadvantages. In addition, the paper also provides an in depth analysis on various aspects related to America’s merit selection plan.
The UN has formulated a lot of legislation on international human rights to ensure the provision of certain basic facilities to citizens across the world. These civil liberties can be individual rights, the rights of a group of people, or that of a collective group of nations. The UN has implemented adequate efforts for the proper enforcement of these rights.
The Terrorism Act 2000, effective on 19th February 2001, allowed senior ranking police officers, under Section 44, to create certain “authorization” areas, in particular, geographical location (under directives from UK Home Secretary). These locations are marked as ‘sensitive zones’ and hence risky to public and national security being likely targets for a terror attack.
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The United Airline Company ensures their travelling customers use the Trip protection policy. The policy is almost similar to the Trip insurance policy in the Delta Airline Company and Travel insurance policy in America airline but they have straightforward differences. A trip insurance policy is an insurances policy for a short period of time.
Recent trends indicate that the business environment has become very competitive. Monopolistic firms in different industries have assumed anticompetitive tendencies in a bid to respond to the merging market demands. Legal provisions have been instrumental in curbing this
The standard function and aims of the English system in criminal justice involve assuring the public of their protection through the prevention and deterrence of criminal activities. This is done mainly through the incapacitation of criminal offenders or through their rehabilitation (McNicol, 2011).
The domestic subcontractor is one whose selection and appointment are completely taken care of by the main contractor. The employer pays no part in the selection or the appointment process except for giving consent to the selection and appointment if it is required under the contractual agreement between the employer and the main contractor.
The country’s entire populace is over eighty-two million with approximately nine percent of foreigners. Germany is a Parliamentary democracy (Strasbourg, 2002). In Germany, law enforcement plays a critical role in the execution of the country’s political will.
This is in response to various circumstances facing this agency including but not limited to anomalies, corruptions and scandals (Schwartz, 2012). Just like with other agencies, New Orleans Police Department in Louisiana would not be resistant against these issues.
It has not been a long while this year, the said law enforcement department receives substantial attention due to its jarring way of enforcing the law. According to the report, the said department committed certain level of violation of law upon execution of force, searches and seizures, arrests, interrogations, photographic lineups and more (Schwartz, 2012).
One of the most well known criminal minds that managed to cover his murderous tracks for nearly 2 decades, 18 years to be exact, was Dr. Harold Shipman. Due to his background in the medical sciences, he was effectively able to kill more than 200 women and declare their deaths unquestionable due to his position in the medical community.
I implore your Lordship to deliberate over my submissions and carefully examine the principles I have stated. I respectfully beseech the court to make a decision in favor of the Appellant, who has obviously been wronged by the respondent. I leave the decision of this case to your Lordship’s sound judgment.
The behavioral anchor rating scale encourages supervisors to draw their attention on performance rather than individual’s personality (Cordner and Scarboroug, 2007). In rating, the police the data used should be reliable and valid. It should be valid in that it represents the actual performance and reliable in that if repeated several time the data yields similar results.
The other amendments make necessary reference to the means by which law is utilized to protect these rights, the fourth amendment is unique due to the fact that it specifically delineates the means by which searches and seizures must take place in order to ascribe by the very laws that have been discussed and applied.
Employment at will implies that an employer can terminate an employment contract at any time for any reason except one that is illegal or for no reason, without incurring legal liability. It also means that an employee can leave his or her current job at any time without any reason and with no adverse legal consequences.
The criminal court system contains the crown courts and the magistrates’ court. Together with the Court of Appeal and the High Court of Justice, the Crown Court [of England and Wales] is one of the constituents of the Senior Courts of England and Wales. This makes the Crown Court the higher court of prime instance in criminal cases.
BITs typically contain an umbrella clause which is also known as an “observance of undertakings clause”. The umbrella clause requires the contracting states to the BIT to undertake compliance with the state obligations in relation to investors from the other state. According to Foster, umbrella clauses are usually the enabling clause for investor/state disputes arising under the BIT.
In Butler Machine Tool v Ex-cell (1979) 1 All ER 965, Lord Denning was of the opinion that the best approach to determining the existence of a valid contract between two parties was to look at the forms, to glean from the agreement as continuous passing of documents between the parties offers flexibility and enables informed decision-making in making of valid contracts.
According to the theft Act 1968, a person is termed as being answerable to theft if he appropriates another persons’ property dishonestly especially with an aim of depriving the original owner of this property.
The applicable law is the Carriage of Goods by Sea Act 1971 as well as the Carriage of Goods by Sea Act 1992 and the appended Hague/Visby Rules 1968. Any claims against Bushey Lines and Hadley Marine Ltd. are founded on the application of the Carriage of Goods by Sea Act 1971 and the Hague/Visby Rules 1968.