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Becoming a member of the board of directors of an audit client requires the carrying out of certain tests to ensure the independence of the former auditors and other professionals. In this respect, the legislative requirements in Part 2 M.4 Division 3 Sub Sections 324 CA to 324 CK of the Corporations Act 2001 apply (Brayshaw; Woodbine).
The effectiveness of community policing depends upon the level of trust between the police and the public and the efficiency of other agencies and officers. Community problems can be solved by decentralizing decision-making and creating networks with other groups. Delegation of authority to the line personnel is needed.
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The United States legal system is no different from other legal systems of the world as it has also gone through a number of reforms and amendments. The Investor Words (2011) explains that an amendment is “a change or addition to a legal document which, when properly signed, has the same legal power as the original document.” Years of such legal hassle and tussle has resulted in a law known as the search and seizure law in the United States.
In many countries, there are governmental agencies designated to monitor and control the manufacturing, growing, distribution and consumption of the illicit drugs. In the same avenue, this paper will discuss about the Drug Enforcement Administration of US in line with its major roles in the economy of America and world in general.
We are a just society and the death penalty is a just punishment for the most heinous of crimes. Punishment for offenses that are considered cruel and unusual is prohibited by the Eighth Amendment. This amendment of the U.S. Constitution is regularly invoked when debating the legal qualities of capital punishment.
This is a landmark case as it solved a huge confusion that arose due to court-martials of soldiers’ wives thereby depriving them of their right to be tried in civil courts under civil laws and regulations and with all the safeguards of the Bill of Rights.
As per these regulations, a duty is cast on the agents to act ‘dutifully and with good faith’, which a separate contract between them cannot contract out. Even in the case of gratuitous acts of an agent where there can be no contractual obligations, the agent has fiduciary duties which cannot be avoided merely because of lack of consideration.
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In the US, this need was recognized through looking at English common law, based on the Magna Carta, which set forth the rights of individual citizens as against the King. In this common law tradition, the US further elaborated on the Constitution to institute Miranda Rights to make sure the Fifth Amendment is practiced in reality and law enforcement does not abuse or manipulate its suspects to serve its own ends.
The key element in proving material support to terrorism is mens rea. The intention of knowingly providing financial or any other form of material support to a terrorist organization has to be sustained by the prosecution in a charge of providing material support to a terrorist organization (Abram Normans, 2002, p.6).
In the words of Dwyer and Botein (n.d.), rehabilitation is the process of accepting human beings whom society has discarded and after a recycling process bringing them back to the previous condition where they were. Hence rehabilitation becomes a process of socialization where the one who has gone astray comes back to the society.
This was the original method by which criminals were punished and was a system that originated in Auburn, New York. The prisoners of that time were expected to live their incarcerated lives in deep penance and contemplation, almost like monks if you will.
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Legal realism pertains to the concept that the law was created by humans, and is thus flawed. Natural Law refers to intuitive concepts of right and wrong, while Feminism Theory looks at the differences between males and females, and how this is addressed within the law.
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According to the most commonly heard definition, a crime is that activity that calls for prosecution under the law books of the land. However, a deeper analysis proves that this definition is too superficial, and in fact, it is not an easy task to define the boundaries of the law. The first problem, according to Rosiers and Bittle (2004) is that law does have a strong social basis.
Normally, after the police identify a suspect they are always bound to come up with a certain conclusion regardless of whether the suspect is innocent or not. To them securing a conviction is usually the greatest goal. Therefore policemen only gather the information that will help them support their conclusive remarks concerning a particular case.
The law of privacy in the UK is not contained as a separate offence from its containment in the Human Rights Act 1998. Before this, privacy was defined by a traditional value approach based on free press. The lack of statute to accompany the law of privacy as embodied in the HRA 1998 is intriguing.
In the modern world, terrorism is one of the most dreaded activities that elicit fear and panic in the entire global community regardless of social and economic development. There is no universally accepted definition of terrorism. Weinberger (2003, p.42) defines terrorism as a criminal act by non-state actors that seeks to employ violence.
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.
In his letter, “Letter from a Birmingham Jail,” the rationale for participating in a march in Birmingham. He expounded on several approaches to conflict management and then justifies why his movement has chosen the one he calls, “direct action”. In this regard, the essay will be used to analyze the conflict management approaches presented by Donald Black.
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The paper by McCabe and Wauchope (2005) constitutes an examination of two studies on the behavioral characteristics of rapists. The authors consider the differences and similarities between the two studies. The studies were both undertaken by the authors and used information present in databases held by the police and the courts.
An essential reason for the warrant requirement is to protect the privacy of citizens by assuring individuals to a seizure or a search as well as such intrusions are not accidental or government’s acts, which are arbitrary. The fourth amendment states that the people have the right to be safe in their papers, houses, and effects.
A criminal engaged in transporting drugs would likely to be engaged in transporting many other illegal goods also. “Organized crime is both a social system and a social world; the system is composed of relationships binding professionals, criminals, politicians, law enforcers, and various entrepreneurs” (Block, 1980).
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The law requires that force should only be used minimally so that a legitimate purpose is achieved, otherwise using more than this is contravening of the law. The term ‘excessive force’ has no particular definition, and in a court of law, it is determined by confirming whether the force that was used on civilians was more than the reasonable amount of force that would be used under normal circumstances.
Trochim explains that “evaluation is the systematic assessment of the worth or merit of some object.” This means that in the evaluation of a policy after its implementation, there is a conscious effort to identify if the policy has been of any help to the people for whom the policy was made.
It does not matter as long as the employee considers the person a parent. In fact, the person for whom the employee wishing to take leave to care for does not even have to be biologically related. Paragraph 825.122 defines a parent as “a biological, adoptive, step or foster father or mother, or any other individual who stood in loco parentis to the employee when the employee was a son or daughter” (U.S.
Mandatory minimums and other strategies to increase extensive punishment for nonviolent drug offenders might not pose any question to those who do not use drugs. The mandatory minimums raise threats to the safety of every American. There is an alarming concern that increasing incarceration rates in the United States would affect social institutions like families, communities, and schools.
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The psychology of gang membership should be understood in order to be aware of potential violent conflicts that can erupt in the prison environment due to gang warfare. In prisons, the gang members organize primarily around racial and ethnic identities, while others argue that the violence inherent in prison institutions themselves cause prisoners to organize along gang lines for self protection.
Charles Manson was born to a sixteen-year-old alcoholic mother in Cincinnati, Ohio on November 12, 1943. Manson’s first crime happened when he was only 13 years old when he robbed a grocery store. He has committed to the Gibault School for Boys a juvenile institution when he was 14 from which he escaped soon after.
In a few of the cases, people are in adverse conditions, but they will not die immediately. Thus, the truth is that the physician cannot tell the time after which the patient will die. Moreover, the diagnoses made by the physician don't need to be 100 per cent correct. Thus, people who could be saved from death are thrown in the face of death.
A business establishment may also be involved in a lawsuit under the corporation code or other laws that establishes the entity as a business firm as a sole proprietorship, partnership or a corporation, offer or sale of securities, non-payment of tax, and several others.
This landmark decision nullified any state law that prohibited or limited a doctor’s ability to perform an abortion and for a woman to have the procedure during the first trimester (three months) of a pregnancy (“Hoffer, 2011”). Although the case was controversial then and remains so today, the Court’s decision was accurate from a constitutional perspective.
Traditionally, the arms of government have had their functions defined: the legislature makes law; the executive implements it while the judiciary interprets it. To date, there has not been much change to this allocation of power to the three arms save for the common call for further separation of powers.
“A criminal justice system is a set of legal and social institutions for enforcing the criminal law in accordance with a defined set of procedural rules and limitations.” “The phrase criminal justice system refers to a collection of federal, state, and local public agencies that deal with the crime problem.
The dicta of Salomon brought a large number of novel consequences. More significantly, the House of Lords enshrined the notion that the company exists as a separate entity from its members – the company, therefore, took on its own personality, capable of being sued and of taking legal action, of entering into contracts, of owning its own property, and of making profits and suffering losses.
The author of this paper would first elaborate on the history and evolution of the juvenile justice system. It (paper) would then go on to focus on the related current state of affairs where, countless juvenile offenders are being tried in criminal courts, owing to the intensity of the concerned crimes.
What are the legal issues in this case? If you were the judge, how would you rule? Mongo is the parent company of SAMCO, a subsidiary company based in Saudi Arabia carrying out a contractual dealing on an industrial city in the country. In its contract with SAMCO, the Royal Commission retained the right to get rid of, or change any personnel contracted by SAMCO at its own discretion.
The most common elements of Police Corruption are misuse of authority and personal attainment. Acts of Corruption by people in power have long shaken public faith in government, but the loss of public faith is particularly acute when those acts involve the police.
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They should be more concerned with what the citizen does, rather than being concerned with who the citizen is. Such a concern should be replicated in the police behavior regarding the use of force towards the citizens.
That the police exist to enforce peace and order cannot be denied. This being the case, it is equally unquestionable that their first responsibility is to the people for whom they keep the peace in the first place. Then, one would expect that policemen would do their utmost to live up to the high expectations of society.
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From a different angle of view, the limitations on Police Force hinder the proper functioning of the same as a system. Within this context, the limitations on Police Force hinder the police officers from extending their service and ultimately affect the citizens and the society as a whole.
Apparently, among the powers bestowed by the constitution of the United Kingdom unto the judicial branch, the power to interpret laws is the most difficult which the courts exercise with utmost care and caution.
A prison has the potential to provide counseling and treatment to the affected women inmates, since they habitually have a direct interaction. Recent research done in the female correctional institutions evidence that women are destined to fail if the challenges they face in the institutions are not solved.
Legal infrastructure is very important to develop any industry in different Asian country. Each country does business with its own rules and laws. In Legal infrastructure Civil laws are the sets of justice and laws that bears on the individual’s legal status. These are mainly a check on an individual either he is not indulged in criminal or he is doing business fairly.
The issue is whether Nifty will be successful and what remedies he may seek. Law: s180(1) of the Corporations Act 2001 (Cth) – Care and diligence – directors and other officers; ASIC v Rich – non-executive directors in breach of their duty of care, skill and diligence.
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The federal government has not made any regulations concerning the type of truck hitches used on the nation’s highways. Tanya Trucker, who owns a trucking company in the state of Denial, is not happy about the additional expense this statute imposes on her business.
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Use of Force
The State deploys certain bodies which are solely responsible for managing the situation of law and order within the State, and these bodies consists of police and military forces.
This paper shall analyse the duties and the power of the police in combating outrage from the people in the society and understand how they manage to protect law and order.
The UK and other countries globally have witnessed rising instances of divorces and annulment of civil partnerships, making them more socially acceptable, than they were, even some decades back. However, such marriage or partnership dissolutions often lead to pronounced consequences that are both financial and emotional in nature.
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CISG and Saudi Arabia [Name] [Course] [Professor’s name] [Date] Introduction: The international business transaction has taken a major step after the formation of the CISG. CISG aimed to regulate the international transactions and frame transparent rules for the workings.
Work Perspectives Paper and Outline Name Name Name Name Course Subject University Professor Work Perspectives Paper and Outline Introduction Certain factors play in the realization of building effective leadership. And these factors include the values, ethical concerns, shared visions of the future and effective communication.
It has become a dynamic, competitive, and challenging place where one not only accomplishes what he or she has signed up to do but where employees, their managers and employer interact with one another to meet not only company goals, but also job expectations, excellence, satisfaction, as well as rewards.
This, due to the fact that technology now holds such a place in the lives of most human beings, will most likely pose the greatest threat to society. Since the advent of the internet and the coming of the digital age, more and more information has been posted online.