Law Essays

Privatization of delivery entails an augmented dependence on the institutions and individuals without the ambit of the state for the extension of health care related services (Parliament of Canada, 2013). Thereby, there is an innate scope for the privatization of healthcare within the Canada Health Act 1984 and in a legal sense the privatization of health care is not something antithetical to the Canadian Law.

The principle of proportionately in criminal sentencing is mainly practiced by the Supreme Court of United States of America. As per this principle, the court is required to seek that the punishment sentenced are appropriate in accordance with the crime committed under the ‘Cruel and Unusual Punishment Clause’.

Women have been subjected to gender discrimination more often than men. Although the gap has been narrowing steadily over the last thirty years, research still shows women as a whole lag behind men in weekly earnings. Broken down by race figures show African American Women are only slightly above Latino women and only make about 74% of what white women do.

The case law that will be further explained below would hint that James would not be entitled to much equity in the home, at all, because this was the result of a leading case, Jones v. Kernott would assume that, because James has not been paying child support, that it would be fair and just to reduce any amount of equity that he has in the house, just looking at bare financials.

Squatting in England can be traced back to 1381 when it was one of the major factors that led to the Peasants’ Revolt, and the 17th century when it was associated with the Diggers (Waterhouse 2005). They claimed ownership of common and wasteland and cultivated it. It was the initial land tenure system that the peasants knew.

The term “trade dress” refers to the non-functional aspect of a product usually found in its packaging or the design of the product itself. It includes features such as shape, size, color, textures, designs and the manner by which words are arranged on the product.

This leads to a situation whereby the majority would rule but with appropriate care and consideration given to minorities. Consequently, the same number of sections would prevent any one from exerting dictatorial power over the rest

It is crucial that they observe whether Fergus acted in the interests of the company. Lastly, the managers must evaluate whether the company, Ikant, would be held responsible for the mistakes. The company would be held liable for payments when we look at various contexts. When the company delegated a duty to Fergus, which was an expansion program.

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.

They also failed to make appropriate orders concerning the accrued and unpaid child support due according to the original court-ordered amount. There was no finding of a “substantial” change in circumstances to justify modification. Appellant humbly prays this court will reverse the child support modification ordered.

Feminist criminologists also focus on other issues such as women’s treatment by the police, the courts, and the prison system. Significant emphasis is laid on the effect of social institutions such as criminal justice system and social norms on sexuality and violence.

HIV incidence is still elevated for incarcerated populaces than for the universal population. In actuality, it has been projected that amid 17% and 25% of individuals who have HIV within America pass via the correctional system. This paper will discuss the health risk of HIV/AIDS in corrections.

The law of restitution has generated a lot of interest from researchers and academics around the globe in the recent past. It has been recognized that restitution awards can be either a result of wrongdoing or unjust payment. The law of restitution is based entirely on the principle of reversing a defendant’s unjust enrichment.

A contract is a legally binding agreement made between two or more parties; be it natural persons or a corporate body, which is enforceable in a court of law. The existence of a contract requires at the most basic level is the presence of an offer and an acceptance. The main rule that governs contract law in common law jurisdictions is that the offer is revocable until acceptance has occurred.

Another definition of forensic evidence can be evidence that can be used by a law court, especially the evidence that has been obtained via scientific methods like DNA tests, blood tests, and ballistics. Forensic evidence has, therefore, assisted the law sector through shaping justice around the globe, fuelling the investigation of crimes.

The implications behind the development are that Charlie is subject to all legal acts such as legal redress and reimbursement since these acts are extended to the slighted litigant. The veracity of this standpoint is underscored by the discussion of relevant legislation, pertinent laws of negligence and Australian contract law that ensues forthwith.

CBD can make conditional job offers upon satisfactory health check-ups. Upon job confirmation, they may pose health related questions and require employees to undergo medical checks. If information obtained reveals a condition that would affect an individual's ability to perform their duties, CBD would consider reasonable adjustments that may assist the employee.

THE NOTION OF CHILD-INCLUSIVE (AS OPPOSED TO CHILD-FOCUSED) MEDIATION IS ILL CONCEIVED AND MISGUIDED. INVITING CHILDREN INTO THE MIDDLE OF THEIR PARENTS’ DISPUTE IS LIKELY TO AGGRAVTE RATHER THAN IMPROVE THEIR SITUATION: CRITICAL DISCUSSION This essay is primarily based on critically analyzing the mediation approach of including child during the process of parental conflict based on separation or divorce.

It did not require government bailout to remain stable in its business activiites. Within this situation, the company effectively mainatined its reputation and attracted more number of new customers. In this particular year, the company’s sales increased considerably.

In other words, the Supreme Court through the Exclusionary rule aimed at excluding any type of evidence obtained through official lawlessness; the American derivation of the Exclusionary rule is considered unique as a result of its deterrence rationale, as well as a mandatory nature in which it applies.

They give emphasis on fierce orations in court, tense altercations with King James I, and nationalistic speeches on the house of the Commons. He should also be viewed as an icon in a particular cultural setting. With his declarations that the common law was predetermined and perpetual, and of the same status with the civil law of the land, he was one of the Elizabethans who greatly contributed to the formation and growth of an English kingdom.

Job dissatisfaction is a leading cause of staff turnover, and this evidences internal inefficiencies in terms of policies. Kania et al states that police agencies spend a great sum of money on recruiting, selecting and training new employees. To add, he states that turnover in corrections department is exceptionally high, especially in the last years of employment as experienced officers opt to take positions in better paying agencies.

it is true to say that alternative dispute resolution means are on the rise worldwide. Attorneys who previously depended on litigation to the source clients are now turning to other means and are present in these alternative dispute resolution methods. Litigation is not bad; however, it should be used in absolute necessity.

The main problem in this study is the poor relationship between Thomas and Edward due to poor neighborliness etiquette.  The beginning of this is when Edward warned tom about encroaching on the property and Thomas responded rudely, since then the relationship between the two has been bad and unfriendly.

A significant percentage of all the money made around the world are not really what with think they are. It is money generated from illegal activities that processed into the banking sector as legally acquired funds. It is, therefore, a serious situation that needs to be combated in all nations around the world.  

 According to the second standard of ISLLC, a school should promote an environment of conducive learning for every student. However, this case of professional misconduct by one staff member has an adverse influence on students, thus, not promoting a conducive environment for their learning, which is why it is paramount for the issue to be addressed.

First, many women and children become the victims of terrorism, for example, when terrorists attack private houses where women and children stay, or schools, which are usually full of children. On the other hand, the definition “terrorism against women and children” also has a meaning that is not closely connected with terrorism as the act of violence.

Consequently, capital tax is obtained from the gains made from disposing of the assets of the shares property and the antique one once owned. Another difference that defines the two paradigms is that income tax is a compulsory tax made from the deduction on wages salaries and other financial investment profits.

This is due to the fact that social networking can be used to manipulate the masses. IT experts such as Anderson and Mohan (2011) posit that just as airplanes were used to spread and drop propaganda leaflets over enemy camps, the same is the case with social networks, presently.

In the case involving Chahal and UK, the four applicants were members of the same kin and are Sikhs. The very first applicant comes into the UK illegally in the year 1971 in hunt of employment. To regularize his stay, he applied to the Home Office and was given indefinite leave to stay in regard to the terms of an amnesty given to illegal entrants who had arrived prior to 1 January 1973.

The term Intellectual property is a legal concept that provides exclusive rights to the owners of the property to insure some ‘intangible ‘ objects that are often over looked or taken for granted. Some of them are works of artistic importance, important scientific discoveries, musical and literary assets and so on.

Capital punishment refers to the legitimate infliction of the death penalty, death sentence, or execution as a punishment by the state. Ever since ancient times, capital punishment has been employed to cover a diverse range of offenses. By 1500, only a significant number of felonies carried the death penalty such as treason, murder, burglary, rape, arson, and larceny.

The doctrine of Parliamentary sovereignty is entrenched within the British constitution as essential in the operation of the separation of powers and the leading decision in R v Jordan highlighted the point that the judiciary was bound by Parliament and could not challenge Parliamentary authority when interpreting and applying legislation.

Thousands of crimes including homicide, rape, felony, robbery, fraud, embezzlement, and others are committed in almost every region of the world on a daily basis; child rape and molestation are also included in the list of the most challenging crimes committed on the face of the earth leaving indelible and incurable effect and impact behind it.

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.

It is a wide belief among socio-legal scholars that criminal and civil sanctions are developed and shaped by the prevailing social conditions in society (Randall, 2007, p. 3). This link between punishment and the structure of society is reflected in Durkheim's views about punishment and types of solidarity in societies.

Islamic countries, which practice the law, usually conduct their judicial processes while referring to the provisions stated by the law. Just like the secular law, Sharia law deals with issues touching on crime, economics, and politics as well as issues affecting an individual, such as hygiene, prayer, diet, fasting, and sexuality.

A force majeure clause plays the role of relieving either one or both parties that had signed contracts from fulfilling the contractual obligations that had been agreed upon when the activities are destroyed by elements that are beyond the control of either party. In some instances, the force majeure may merely suspend the parties’ obligations.

For not very serious cases, offenders may serve sentences in county jails; alternatively, they may receive less severe sanctions like community service. The law provides that when people commit crimes then the US Criminal Justice system oversees the case until one is found guilty or acquitted as appropriate. 

The other objectives being the development of a cost effective delivery of healthcare, they also advance public discussions and are committed to the society through the harnessing the intellectual capacity of the university to develop, test and study efforts to help in the improvement of the well being of their employees, their dependants and retirees.

The author of the paper argues in a well-organized manner that the government of Scotland tries to make sure that they help people by making sure that they are inculcating family values and trust amongst each other and not making rules and regulations regarding what to do and how to behave with each other or raise their children. 

The author of the paper will begin with the statement that transparency is not defined by Transparency International, but is instead offered as a core value of the institution, where id states that it seeks to be open, honest, and accountable in its relationships with all, which is the organization’s definition of transparency. 

In addition to this, immigrants and those who have a hearing impairment have the right to be present in court hearings that involves them, as the victims or as defendants. Therefore, the courts are then again obliged to provide translators who will effectively ensure communication barriers are broken in the courtroom.

The criminal justice system today is more enlightened compared to the prior decades; its new emphasis is no longer just on punishment but rehabilitation and re-integration. This new model is reflected in the adoption of more culturally-sensitive substance abuse treatment programs because a uniform, general approach simply does not work.

 The provisions associated with abortion have long been witnessed as one of the highly debated issues in this contemporary world. In relation to the controversy of women’s decision for terminating the pregnancy, it can be viewed that different contentious aspects create various questions or doubts concerning the debate on abortion.

This act also has importance on the prevention of any workplace injury or accident. Several regulations established by occupational safety and health act have the superior of spelling out particular legislation requirements. These regulations may prescribe limited standards.

Employers need better ways of communicating reference information to avoid misinterpretation. While a verbal and telephone conducted reference risks misrepresentation accusations, libel referrals can help avoid these and too much disclosure of information, due to the ability to correct before delivery to the third party.

It is an accepted fact that an individual’s past determines their future life. However, some believe that an individual’s past is irrelevant when deciding the fate of a convict for breaking the law. They attest that any grey areas should not exist in matters concerning crime. If the law is broken, the ultimate fate for convicts is punishment.

Doctrine of Precedent. Reliance on precedent decisions is an important aspect of any systematic and consistent decision procedure. Considering the experience of past decisions plays a crucial role in securing the needed consistency and stability in application of law.

Giuliano de Medici died after the Pazzi’s family and Archbishop Salviati created a conspiracy against the Medici family on 26th April 1478. This led to the attacking and killing of Archbishop Salviati and some members of the Pazzi family by a mob in Florence. Due to these happenings, the Pope Sixtus decided to excommunicate Florence.