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The case of John and Keith is an example of a unilateral mistake where one party is mistaken to the terms of the subject matter of the contract. When an article is sold without any express warranty or without any circumstances from which any applicable law may imply a warranty then, the buyer automatically has full opportunity of inspecting and making his own independent judgment.
[Your full name] [Instructor’s name] [Course name and code] December 8, 2011 Money Laundering Introduction According to the Article 1 of the 1990 European Communities (EC) Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime (Council of Europe), the term money laundering is defined as: The conversion or transfer of property, knowing that such property is derived from serious crime, for the purpose of concealing or disguising the illicit origin of the property or of assisting any person who is involved in committing such an offence or offences to evade the legal consequences of his action, and the concealment or disguise of the true nature, source, location,
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Foundations of Tort Name Name of instructor Date Foundations of Tort Tort is a branch of private law, where a person suffers harm because of someone else’s wrongful acts. Torts may be classified according to the negligence of others or their lack of performing their duties, for instance if the councils do not maintain good roads which then cause accidents.
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A tort should be differentiated from a crime. In a tort, the injured party should be compensated by damages but a crime leads to criminal proceedings. Crime is a result of breaking the law (Adamson & Morrison, 2011), but a tort may not be as a result of breaking the law hence; it necessarily may not be a criminal wrong.
Financial services refer to all the products (goods and services) that financial institutions offer to the public (White, 1991). The major players in the financial services industry of any country are insurance firms, savings and loans, mortgage firms, investment firms and banks. The main products that the above firms deal in are pensions, savings, mortgages, loans, insurance and investment options and credit card services.
The courts have to adhere to this when it comes to the interpretation of the law. The Human Rights Act therefore leaves the parliament with the role of amending the primary legislations. It maintains the constitutional boundary by leaving the interpretation of the statutes to the courts and their enactment and amendment to the parliament.
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The author of the paper states that physical cards may be stolen or identity data and other relevant information may have been compromised to allow the commission of credit card fraud. Usually, the legitimate cardholder may not be aware of the fraud, and neither does the institution that issued the card.
In America, execution is under the jurisdiction of the states hence some states such as Texas and New Jersey still impose death penalties while states such as New York, Alaska, Hawaii, Iowa have long abolished the practice. The death penalty debate has been in the limelight for a long time leading to abolishment and later revival of the practice in the US.
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e of crime is incorrect (Costantini). However; Arizona’s tough immigration law is based on alleged criminal activity by undocumented immigrants (Castillo). There is a distinct dichotomy between these two viewpoints. This paper explores these two viewpoints to determine which view is accurate.
The Pearson Product-Moment Correlation was used to test for a significant correlation between the two variables (Table 2). A two-tailed test was used. The Pearson correlation coefficient (r) was -0.137 which indicates that there is a weakly negative relationship. For this study, an α value of less than 0.05 was taken to mean the result was significant (at α=0.05, the result has a 5% likelihood of being incorrect).
Due to this, Bell finds a risk to his property and to human life on his property. There were no significant damages from the infringing act of Bell, but there was a likelihood of damages to arise, if the falling fruit continued. Hence, Hill had to take some action, as he felt that his property was infringed and the peace and tranquillity to his residence was disturbed.
The tort of negligence is a tort that awards damages for a breach of duty owed by the defendant to the plaintiff resulting in damage to the plaintiff undesired by the defendant (Keenan, 2007, P. 265). The tort of negligence was created in the House of Lords in 1932. Before then, the courts studied the circumstances of the case.
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The prosecution view in this case was that no cause of action shall arise in a case breach of contract to marry has taken place will not prohibit initiation of proceedings against the offender under sec.248.06,4 which permits civil suits for recovery of property which is taken on the strength of a fraudulent promise to marry.
The districts where the unproductive officers are taken will have a lot of negative impact. Due to laxity there is a possibility of an increased crime rate in these districts, this is because of the nature of the officers when it comes to fulfilling their duties.
The chapter nine filing is a part of the United States bankruptcy law that is hardly ever used. It is meant to give the municipalities protection from the people that they are in debt to as creditors. One of the largest court filings for the chapter nine bankruptcy laws was the one filed in the year 1994.
This was implemented to make the test for granting interlocutory injunctions which restrain interference with privacy much stricter: the co-existence of the two provisions requires restrictions on the freedom of privacy to be justified. This provision has further sought to entrench the importance and existence of the law of privacy in the UK.
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The term appropriation has been differently interpreted by various scholars (Craig, 2011; Meyers, 2006; Hampel, 1992). It has rather evolved from one meaning into another. Earlier in the Greek period, it was related to copying of a specific work and incorporating it in a different manner to create another (Pedley, 2005).
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The elite of dedication and obligation of marriage is an essential social institution whereby two spouses foster love and joint support. This occurs to the spouses who decide to get married, and for their offspring, marriage issues out a profusion of financial, legal and social reimbursement. In return, marriage inflicts weighty financial, legal and social benefits (Foderaro 17).
It revolves around the debates among the constitutional representative government and cannot be viewed as a “question of law”. The process which involves a complex series of steps and procedures, is a remedy for the political bodies by which they express their intolerance towards the President or other civil officers, for disregard to their duty, misconduct or breaching some kind of public trust, without any intervention from the judicial or presidential entity and exercise the authority of removal of that officer from the public trust position.
to 3 a.m. First he wanted to enlighten me on his city's police department and the units it consisted of. In this small town, of around 12,000 people, there are 17 sworn police officers as well as a command staff including the Assistant Chief of Police, Captain and Lieutenant all managed by the Chief of Police.
Article 267 of the Treaty on the Functioning of the European Union (TFEU) enables national courts to refer a preliminary question of Community law to the European Court of Justice (ECJ) prior to rendering a judgment. Thus, the preliminary reference procedure has been described as the “principle procedural link between” national courts and the ECJ within the “EU legal system”.
Information is also described later on in Section 56 of the Criminal Justice Act and requires that information be specific and not general in nature. Moreover, the information is not inside information unless that information would “have a significant effect on the price of any securities” if it were being made available to the public.
The spheres that are associated with advertising and copyrights is complicated and a fragile issue. Hence, the hot issue of data mining has been the focal point in 21st century. According to many companies, data mining for marketing purposes is protected by first amendment rights.
The author argues in a well-organized manner that all over the world, the menace of drunk driving has been highlighted due to a number of reasons. These include the fact that drunk driving leads to deaths and injuries each year and the topic gets noticed by people but nothing substantial ever comes about.
A business name is a name that identifies a company or a business. The legal registration application can sometimes be different from the trade name. Trade name infringement is a violation of exclusive rights which belong to a registered company or organization. This violation is a critical offense to owners of businesses.
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The parties, in this case, were Patrick Hendricks of Alameda County who was the plaintiff acting for himself and others similarly situated. For the purposes of the suit, the plaintiff was a customer of the defendant. The defendant was AT &T MOBILITY LLC’S a company incorporated under the United States law.
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.
The driver of the speeding vehicle was Rodney Glenn King. He and two fellow passengers were intoxicated at that time. When the car chase ended, the other two did not resist arrest but Rodney King did. According to the police officers present at the scene, he acted aggressively, seemingly threatening the officers.
Over the past few years, the desires and preferences of internet users have changed dramatically. Therefore, website designers are now focused on devising new and creative ways which would enable convenient viewing and hearing of information, movies, and other forms of entertainment content on the internet.
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The subjects of interrogation techniques are mostly the witnesses, victims or suspects. There are numerous interrogation techniques, which include deception, waterboarding, torture, and Reid technique among others. In the United States, the US personnel have used numerous interrogation techniques, some of which have been approved by the US government.
This sentiment is in line with Penny Darbyshire's description of the jury system as an anti-democratic body (mentioned earlier) and agrees with Lord Justice Auld’s sentiments where he opined that this power of jury nullification was “more than illogicality” and a direct offence to present legal system in the UK.
The law enforcement agency is one such institution having a common culture as amongst the police. They have a culture which is about solidarity and secrecy or as other writers refers to it, ‘a code of silence’. This is the culture that prevents a police officer from telling on his colleague(s) on any acts of illegality performed.
A valid and enforceable contract cannot be said to exist. In the case of White v Bluett, the court refused to enforce a contract in which no consideration had been provided. The court in refusing to enforce the contract held that a party who has not given any consideration in return for a promise has nothing to enforce.
In the initial stages of democracy in Britain, liberty was at grave risk due to monarchical power.1 As a consequence of the doctrine of Parliamentary Sovereignty, the Parliament was empowered to enact or rescind any law whatsoever.
Though injunction is an equitable relief and the court inherently has the power by equity, yet, modern law demands it to be enforced by the sanction of statutory law. Laws include the Federal Lanham Act, the State laws in the form of consumer protection laws, and the case laws acting as a precedent.
The formation and development of international commercial arbitration have grown in importance as the world of business progresses on a global level. Contracts are increasingly formed on a worldwide basis between different countries. International commercial arbitration devised a way in which such conflicts could be avoided and disputes solved easily.
Written Reflective Commentary. The purpose of this reflective commentary is to discuss how the assignment helped me to develop skills and enhance strengths and abilities while working with the group. I will also reflect on the advantages and disadvantages of the resources that I researched for the group assignment.
The most significant problem associated with the fact is that the poor and minority people are discriminated by the criminal justice system of US. There are some racial discriminations while rendering justice to these people. This is not a new problem for the poor and minority people living there, rather a major problem existent for a long time (Cole, 1999, p.
Upholding the Right to Marry: A Position Paper on Allowing Same Sex Marriage in the US
When New York legalized same sex marriage in June this year, it became the sixth and largest US state to do so
It was a sentimental occasion for me as well, because it meant that my favorite Aunt Toni , who is living in New York, and her partner of 16 long years finally have the legal rights to make their union lawful and acknowledged by the state.
Another issue at hand is the mistake in Mack’s wrongful price quotations. The legal team for Illumination industries is of the opinion that the company is not liable for negligence in tort with regard to actions undertaken by Mack since Mack is not an employee of Illumination Industries but is an independent contractor.
In this process, at times, due to patient’s physical condition and complexities involved, the physician puts the patient on life saving devices such as ventilator, feeding tube, cardiopulmonary resuscitation (CPR).Here, the moot question is that whether a suicidal patient should be allowed to refuse a feeding tube?
In defamation cases, the media usually has certain privileges that they can raise to defend themselves. The Reynolds privilege is a case that came up with the tests for deciding whether responsible journalism was upheld and if the defamation was imminent concerning the circumstances. Does Reynolds privilege apply in the case study and determination?
Crimes rates have recently gone down in the U.S. according to various reports. Several changes in the distribution and makeup of the metropolitan populations are attributed to these declines. Have these changes played any role in these declines? What is the distribution pattern of these declines among communities? What are the forces behind these declines?
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In 1990, the congress voted for the research moratorium override on government financing on stem cell research but it was later banned by President Bush. President Clinton raised the ban but later changed his decision following public demand. However, later, Congress vetoed the congress financing on human embryo research in 1995.
In this paper I will discuss the origins of the Establishment clause, the theoretical framework that justifies it, finally, I will discuss some hot button social issues that involve the Establishment clause. II. Origins of the Clause A. The Establishment clause has generally been interpreted to prohibit 1) the establishment of a national religion by Congress, or 2) the preference by the U.S.
The four fundamental elements for a planned change include improving the means for the satisfaction of the members’ economic needs, increasing profitability, promoting human work for the human beings, and contributing to social welfare and individual satisfaction. The criminal justice system is just as a normal organization and is not exceptional to change.
Those in charge of the company decided to lease one of the crucial assets of the company and later sell at amount considered to be below the property’s market value. The plaintiffs who owned 25% of the company’s felt aggrieved by this move of the company directors and as such they decided to bring an action individual in the New York low court-Supreme Court seeking declaration by the judge that the sale as well as the lease to be void and unauthorized and therefore terminate the lease (Smith, 2008).
In 2004, an investigation concerning the drug trade in which Jones was to be nailed commenced and in 2005, searches and arrests followed (Totenberg). Finally, Jones and several of his associates were charged with conspiracy to possess as well as distribute cocaine.
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The USA has one of the largest numbers of prison populations in the world as the tough sentencing laws and high crime rates along with record numbers of drug offenders make American prisons overcrowded. Overcrowding has a negative effect on inmates’ mental and general health, and excess stress can trigger a person to commit suicide.
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Prisons in the United States are plagued by serious problems related to overcrowding such as violence, sexual assault, drugs, and poor sanitation. State-run prison systems experience similar problems that other public-sector institutions face due to lack of competition: high costs, poor quality service, and inadequate supplies.