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The application of intentional tort to corporations is not something unheard of considering the slew of recent cases of corporate trespass, usually in relation to unauthorized access to computer files of companies. Necessarily, these intentional torts are torts against property type, particularly trespass to chattels and conversion.
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The constitution sets down the limits and extent of powers while on the other hand it also distributes these powers (Big Tent Democrat, 2011). Introduction The commerce clause is entrenched in the United States Constitution under Article 1; Section 8 Clause 3 of the constitution, which states that the congress among several other powers conferred upon it by the constitution, will have the power to regulate commerce within foreign nations, and among other states and also regarding the Indian tribes.
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During the Cold War era, the world was seemingly divided into the communist bloc and the democratic bloc of states, headed by the USSR and the US respectively. With the inherent conflict between the permanent members of the UN, specifically, USSR and the US, the Security Council found it difficult to carry out its peacekeeping functions.
The British case law and wider international academic debate was the last measure that was enacted under the government of labour which lost office in May 2010, in the U.K. It is also a result of 14 years campaign by human rights and equality specialists. This Act covers Great Britain's matters on equality powers and has continued to fight for legislation anti-discrimination instead of a single act.
The author states that In-Tech Ltd is liable for false statements as accused based on the information they presented during the negotiation process. For instance, in an email on February 15th, she assured CounterAct’s Head of IT that the DX-5 would be very cheap to run, costing “no more than 25 pounds a week”.
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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.
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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.
Louise Woodward who was Mathew’s caregiver since 1996 was arrested and charged with the murder of the child. In the trial at the Middlesex County Court, she was indicted of murder by a grand jury and was remanded with no bail. In the giving of their indictment against Woodward, the jury took into account the fact that the child had been left in her care from the early hours of 4th February upon the departure of his mother for work until he was taken ill.
Positivism prefers certainty in the law above all else, and this is perhaps why it risks the disadvantages of segregating moral considerations (Wacks, 2005: 70-71). This leads to the argument that by allowing moral valuations to enter into the application of the law, the risk of arbitrary decisions arises, making the law unpredictable and inconsistent.
The twelfth paragraph will talk about how even the United Nations has pointed to the need for fair and just treatment of the refugees though, in the aftermath of 911 where worldwide the trend is to close doors to foreigners, there have been little teeth to the protests from various human rights activists.
A statute is typically an instrument to command or prohibit something, or declare policy. Statute, sometimes referred as legislation or black letter law, differ from law made by legislative bodies and regulations issued by government agencies. Ideally statutes must be in harmony with the constitution of the country and thus considered to be the primary source of law.
The paper describes different types of crime measured by the Federal Bureau of Investigation (FBI) in the Uniform Crime Reports. The paper also looks as white-collar and blue-collar crimes in detail and relates some key differences in those crimes. It describes some violent and property crimes belonging to the index-one crime category.
This paper illustrates that the law governs the activities conducted in the society in order to ensure order. For example laws on restricted trade have been modified in many countries to accommodate free trade amongst countries in the world. The primary sources of law are the common law and civil law with lessons from cases brought6 forward in the court of law.
Its implementation embarked on January 1, 1994, and the agreement aimed at eliminating most blockades to trade and outlays among the North American countries; the United States, Mexico, and Canada. Under t NAFTA, various non-tariff barriers to agricultural trade were eliminated between the United States and Mexico
It then looks at other people who oppose the idea opinions regarding the issue. These controversial issues also act in the defense of my opposition of the death penalty as a capital punishment. It then reviews the reasons why other people support it, providing evidence of its success.
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Closing types include either Face-to-Face Closing or Closing in Escrow, leading to a Closing Statement. Besides, proration is an essential part of any real estate transaction; these are some expenses at closing to be paid by both the buyer and the seller.
The Act is a crackdown on illegal immigration which is perceived to be the primary cause of economic hardship and lawlessness in the State. It is likewise advanced that illegal immigrants deprive lawful residents the full public benefits due them since public benefits accrue to all residents regardless of their residency status considering that these public facilities and benefits are generally provided without the necessity of verifying the immigration status of a person demanding or requiring public service.
Communication impediments are those unconscious or personal circumstances that bars addressees from precisely translating the planned meaning conversed to them. In correctional amenities, there are several drawbacks resulting from ineffective communication. It begins with unhealthy communication between the prisoners and the regulation enforcement executives.
Since most of the officers are alone when in service, they have a tendency of doing things their own way putting the integrity of the whole police force in question. The paper tells that in most cases, the behavior of such errant officers is blamed on the top officers for failing to correctly manage their juniors.
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Dr. Michael Welner analyses the case through psychiatric clues. Dr. Jan Garavaglia gives an account of why Casey was charged and why the death of Caylee Anthony was determined to be a homicide. Dr. Juliann Mitchell, PhD and Dr. Stephen Diamond, both forensic psychologists, give their analysis of the case and determining psychological factors.
In general, it can be observed that a contract is an agreement that is legally binding between two or more parties who agree to do something for the other. The basic fundamentals of a contract are an offer and acceptance and remedies in the form of money may be given if the other party breaches the contract.
The court in which this case was tried was The Supreme Court of Missouri. 2. The appellant John E. Bell bought a ceiling fan from the May Department Stores and paid for the fan a price of $ 132.16 through his Famous Barr credit card account. However, later on Bell found that the ceiling fan purchased by him was defective and made an unacceptable noise at all speeds, a defect that Bell was not able to correct or repair.
Ethical dilemma executive summary. Ethics refers to “the rules or principles that define right and wrong conduct,” (Robbinson, 1993, p.14). Members of the organisation often confront ethical dilemmas given that they have different perceptions about different things.
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Animal rights are also known as animal liberation. It is the giving of animals’ humane treatment. This is a philosophical belief that animals also have rights. Animals are to be protected against cruelty and exploitation. These laws that give protection to animal rights also govern the treatment which animals are projected to in medical research.
Martin’s defense that the prior felony disclosure requirement is unconstitutional requires to undertake two considerations, namely: (1) Purpose and (2) Precedent. The provision of prior disclosure for association is a common requirement practiced in all states and countries of the world.
The first part deals with minority rights to object to company policies that they feel prejudice them. The second part deals with exacting responsibility and accountability from directors who, so to speak, get caught with their hands in the cookie jar. In theory, a director, holding as he does a position of trust, is a fiduciary of the corporation.
The value of jury in the English legal system can be strongly criticized. Of course, currently, juries in trials developed in English courts help towards the reduction of time required for the completion of each case.
The Equality Act introduces two forms of discrimination which include direct and combined discrimination. Direct discrimination is a case whereby a person discriminates against another because of a protected characteristic and he, therefore, treats the other person less favorably than the way he would treat others.
Federal reform raises questions as to the separation of power and federalism concerns. Tort law is mostly state law, made and modified. In the current environment that is resistant to government control over federal health care, an approach to medical malpractice reform that favors centralism is precarious politically.
Among the many cited ambiguities of the relevant directors’ duties, determining whether or not a director breached his/her duties by acting fraudulently or wrongfully pursuant to Sections 213 and 214 of the Insolvency Act 1986 or merely acted incompetently.
How are these similar? How do they differ? Political clout and use of political influence for material gain, to gain power, maintain or increase political power are similar because they are morally wrong and are not permitted by law. In addition, they deny citizen their rights and other political leaders a chance to gain power and leadership.
The shipping industry is responsible for 3% of the world’s global greenhouse gas emissions from combustible fuels. The regulatory framework in shaping new international maritime transport greenhouse gas emission regulations and also at the industrial level is economic policies that are balanced with trade competitiveness considerations.
By definition under the law, a contract is an agreement or a promise which is legally binding or enforceable by law. Sir William Anson, a jury defined a contract as a “legally binding agreement between two or more parties”, by which one or more parties acquire rights to act or forbearances on the part of the other or others.
The importance and need for counseling lie in the fact that none of us is infallible and all-knowing. Like the proverbial brother’s keeper, we all need the ideas and psychological support of other people at one point in time or the other. Counseling is good not for a specific group of persons even though it tends to be of extreme necessity.
However, every family may be a part of some or the other domestic issue because taking care of matters like marriages, adoptions, deaths and inheritances etc have become legal matters today.1 Thus, family law is that area of law that deals with matters relating to personal aspects of society and since times immemorial it has been affecting society and growing with it at the same time.
According to the Civil Liability Act, liability for economic loss occurs when a case arises pertaining to failure by a party to “exercise reasonable care and skill”. Further guidelines stipulate that harm is any kind of harm laid upon damage of property or any harm that is inflicted upon damage of property. Therefore, liability for economic loss seeks to make a judgment on the party that is to endure losses occurring from the loss suffered.
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The Historical Extension of the Federal Government's Power over the States. The fourteenth amendment, to the United States Constitution, revered for containing the Bill of Rights and imposing limitations upon the state. For the majority of constitutional law theorists, the main function for the fourteenth amendment is to define the state limit beyond which state legislation may invade on individual rights (Hammerstrom, 2004).
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Branch Davidians and the FBI Introduction. Often considered to be a cult, the Branch Davidians were a small religious group led by David Koresh. In 1993, a clash between the group and the FBI turned violent and resulted in the deaths of several on each side and a prolonged siege.
The impact that years of English rule had exerted on the psyche of the ruling and the ruled populations’ is reflected in the way people identified themselves on the basis of their ethnic background. Years of suppression and oppression and the emergence of democracy as a phenomenon spread far and wide in the former British colonies.
The author states that while founding partners may prefer to make an agreement that is less flexible, changing circumstances and the instance of conflict necessitate the making of flexible partnership agreements. Partners in many instances may set up businesses with little planning for unforeseen circumstances.
Although crime exists everywhere, it is more rampant in the poverty zones. According to Siegel & Worrall (2011), people who live in poverty face an increased risk of adverse outcomes like criminal activities and poor health. In addition, poverty is mostly accompanied by unemployment such that the victims of poverty cannot adequately cater to their basic needs.
There are three main stages in which the law enforcement agencies of New York City may implement their evidence-based crime prevention strategies. These stages are initial needs analysis, specific project analysis, and post-program evaluation. At the initial needs analysis stage, the relevant authorities analyse the available evidence.
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Cyber-bullying is a term used to define people who use technology as a way to harass other people by sending mean or cruel emails and text messages, name-calling in the chat room and using fake profiles on social networking websites. Cyberbullying is the most common activity among teenagers who strengthens this practice within social groups in schools and colleges.
Microsoft has been very active in making allotment of market proposals to the competitors. It can also be said that the company has used various methods of anticompetitive practices and illegal methods to enhance its competitive advantages in the markets. In the process, the company has adopted even such tactics which were designed to abolish their rivals.
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Uniformed Police Officers.
The role of police department in maintaining law and order situation can never be denied. Police department not only makes all efforts to avert and detect crimes but also implements and imposes the law of a country. Some of the major powers of a uniformed police officer include arresting, detaining, and investigating criminals who do violent and criminal acts either in public or privates places.
A Correlation Analysis of the Effect of Unemployment on Rape Research question/hypotheses Research Question: Is there a relationship between rape and unemployment? Null Hypothesis: There is no statistically significant relationship between the rates of rape and unemployment.
In the paper under the title "Types of Intellectual Property Rights in an Interior Design," it is also stated that the rights described in the work under analysis are associated with all kinds of works having intellectual contributions. However, they vary according to the nature and attributes of each work.
The acquisition of MBNA by Bank of America was never described as hostile. Bank of America even presents expanded opportunities for MBNA employees that plan explore in other expertise. One of the mot important aspects that resulted to positive integration on MBNA is respect.
This has alarmed the police department in the community. Hence, in order to prevent and reduce this kind of crime, the Bailey Police Department has set out an action plan which contains the strategies and activities to combat this problem and to protect the welfare of the elderly.
The decision by the court to vindicate Ms. Daigle was sound and just. Though no damages were awarded to any party, the court was able to deliver what can be said to be a clear legal verdict to the issue. In this case, there were no issues referred to any lower courts as the Supreme Court was able to deal with the case conclusively.