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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.
A Quistclose trust is created when a creditor extends a loan to a debtor with the condition that the money lent should be used for a particular purpose. In commercial parlance, a Quistclose trust is “a means by which a lender of money can retain a ‘security interest’ in loan money only for specified purposes”.
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The author states that consumers are affected by fraud in business because they do not get their money’s worth; for instance, in a Ponzi scheme, consumers actually end up losing money eventually. A more common type of fraud is when organizations’ lie about the origins and quality of a product.
Earlier the method most commonly and most frequently used by the traders was to ship their goods through ships. To seal the deal they usually had a signed document as evidence of their deal, this deal is known as the Bill of Ladings. This is an acknowledgment that the goods have been delivered to him, and it also contains the terms and conditions at which the goods are being carried.
The principle of non-refoulment was initially stated in Article 33(1) of the 1951 Geneva Convention concerning the Status of Refugees (1951 Refugee Convention). The Article has a provision that no contracting country shall return or expel a refugee in any way to the borders of territories where his freedom or life may be endangered.
In this paper, the proponent tries to examine various perspectives of the policing function from local, state and federal organizational levels. In addition, the proponent also tries to address possible future changes in laws and the overall impact that these changes will have on the field of policing.
Question 1 Facts In the case of Davis v. Washington, U.S. Supreme Court, (2006) where McCottry had been assaulted by Davis the boyfriend who had later on fled the scene. McCottry was supposed to testify for charges of felony violation of domestic order. This led to using hearsay from the 911 call recording that was made by McCottry despite Davis objection of not doing it.
There exists what is known as bureaucratic/corporate organized crime; conversely, there also exists what is known as patron-client organized crime. Furthermore, by working to understand the patterns, commonalities, and distinct differences between the two, the individual can obtain a much clearer grasp.
The recent global economic scenario is found suggesting the importance of corporate governance (CG) be understood, as many of the economic advantages and disadvantages depending on the corporate governance systems. Corporate governance installs and enforces its own regulations and policies; therefore, if its customs do not match with the customs of an organization, emerging consequences can be severe in financial terms.
The law is an important instrument for enhancing orderliness and peaceful co-existence within the community. Relative rules play an important role in shaping and guiding behavior accordingly. They provide benchmarks for shaping the behavior of the populations in a bid to ensure that these are within the expectations of society.
y of convicts is not heeded I. Cases involving the convicts’ appeal has not been heeded II. There is no support for convicts who are justified to ask for there rights III. Disparity in implementing the law C. Necessity grew to nullify the original provisions of the law I. change in mindset necessitated change of the law II. Law was not any more holding III. Democratic revolution has happened requiring rights of people to be followed Price Media Law Moot Court Competition Case In the past as opposed to the current situation, criminal law system, did not a
My Lady, the appeal before you is for the determination of whether a judge in a trial court erred in law in his decision in favor of the respondent, Ms. Edwards. The Appellant, the University of East England argues that the trial judge erred in law in his determination that a term in a tenancy contract between the University of East England and Ms. Edwards.
Here, there is freedom of expression which thus gives people the right to protest as long as they do not infringe on other people’s rights or break the law. This right represents entitlements of an individual or group visa-vis the government, in addition to responsibilities of an individual and authorities in the government.
In many instances, the battle is a direct interpretation of whether an individual’s human rights could be directly applied or appreciated as another person’s human rights (Mignon, 2012). The bodies tasked with the mandate of ensuring that the laws are upheld ensure that they try as much as possible to deal with the challenges experienced.
Curfew Law Enforcement. Curfew laws are guidelines or restrictions enforced within a city that limit or demand what times people are allowed to be out on the streets or at different places like places of recreation. These restrictions can be guided by the age, as they may be for youths within the streets or just general for the whole population within the city.
An international contract to supply high-quality speakers was entered between Modern Sounds Corporation (MSC) and North Atlantic Sounds System (NASS). The former has a manufacturing plant in Mumbai, India. It produces high-quality speakers on a large scale and exports them to different parts of the world.
The European Union has adequate legislation supporting the practice of EU lawyers in any other country within the Community where they wish to establish their career. Various rulings by the ECJ have equally supported the cross-border practice for legal professionals, a development that is likely to result in more integration of the legal systems.
Human Rights are rights that every human being deserves regardless of their nationality, residential place, gender, ethnic or national origin, religion, and language, among others. The rights are interdependent, interrelated, and indivisible because violation or improvement of one right affects the effect of the other rights.
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The regulations currently in place that are designed to protect the Ogallala Aquifer are insufficient to protect against an oil spill. Two possible remedies may address that fact. The first is an improvement in the requirements for construction and monitoring requirements for the construction of the pipeline (Couperwaite, 1984).
Laws give the expectations, ethical standards and rules of conduct. Laws give measures of how to enforce rules and regulations and settling disputes. The other functions of law are determining the government power, ensuring peace in the society, ensuring there is free competition in the economy, protection of citizen freedoms, enhancing social justice and ensuring that the environment is protected.
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The delinquent behavior often results because of poverty or lack of opportunities in the lives of the youths. Greeley et al (2005: 33-41) observed that the youths who cannot get what they desire or need in life through conventional means will often use unconventional means like a crime to get the necessities they need.
The case involves a disco shop that sells a variety of products, both cheap and expensive. Its sales agents work on commission and are paid 20 percent for the sale of an expensive item and only two percent for the sale of each cheap item. This induces sales agents to sell more expensive items and earns the shop more profitable. The issue for determination is whether the commission strategy is an unlawful bait and switch.
It is notable that Kris has committed a crime during a probation period. Other than that, he has had a good background, upbringing and has hopes for a good future. He has a positive relationship with his parents, successfully graduated from high school and has never suffered from any mental illness.
The intentions of this study are two chief mechanisms for ensuring the compliance of the Member States with fundamental rights and European law. The first of these are the infringement proceedings available under Article 258 of the Treaty on the Functioning of the European Union. The second device available relates to the European Court, where the proceedings initiated by the Commission could finally be taken up.
The criminal justice organization focuses on ensuring peace and order thrive in the United States. The research focuses on criminal justice organizations. The research centers on the criminal justice organization’s bureaucracy. Overall, the criminal justice organization effectively and efficiently implements the entire spectrum of criminal justice.
On this basis, a freehold owner does not own the property on an absolute basis; rather he or she owns the fee simple estate in the land “from the Crown under freehold tenure.” Under this arrangement, for practical purposes, the owner of the fee simple is the owner of the land; s/he also has the right to sell the property on or to improve it and has the right to enjoy the land forever.
Modern age however, has given rise to a plethora of issues and concerns that the criminal justice system must address. As institutions evolve, it is imperative that the criminal justice system evolves to respond to the changing concerns and the new challenges that arise.
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.
Bluto replies, “I think I want the boat, but let me have a week to consider.” Wimpy replies, “OK. I won’t sell the boat to anyone until after one week from today.” The next day, Wimpy sells the boat to Popeye for $600. The day after, Wimpy tells Bluto he already sold the boat.
Title: Youth Justice System in England and Wales in Comparison with another Country Introduction: Youth justice system or juvenile justice system is considered for the youth who commit crimes and thus contribute to severe criminal offences. The systems include such laws, rules, policies, as well as organizations that are mostly concerned in dealings with young criminals.
The first people to comply with the program squarely start with the officers and the directors of the Company. The set standards are to be followed by all employees irrespective of their status in the company. The main focus of the Corporate Compliance Plan is on the accountability of the officers and directors of Riordan Manufacturing.
In any country, the government has several agencies that it uses in administering the laws of that particular country (Hocking & Guy, 2010). The agencies’ involvement in law includes areas such as making rulings on cases in court, adjudication, and/or enforcement of certain guidelines as stated in a country’s constitution (Hocking & Guy, 2010).
Innocent youths often become dragged by their friends in engaging in illegal activities in the society (Rubin, 2009). Another major cause of juvenile delinquency lies on the family influence. Children raised by single parents or parents unable to punish them often end up committing offences without fearing for disciplinary action undertaken on them by their guardians.
The objective of this research is to acquire a better insight of reasons why police apply discretion in domestic violence cases. Most police officers will apply discretion and refuse to conduct arrest because female victims are often not willing to cooperate and police personnel often judge that arrest of the breadwinner would hurt the family
Among all the punishments given to criminals, the death penalty is the worst and fierce. It shows the extreme of barbaric nature of a human and that how cruel can a human be with the other human. It represents the lowest level of society. When prisoners are given death penalties in the court and outside it people cherish the news, a problem arises.
The author in this essay wants to analyze arguments why use of cell phones while driving should be banned. The writer has a definite position that it should be banned because of numerous related accidents due to cell phone use while driving. However, it is stated that in some people's opinion it is a violation of human's rights.
Generally, with reference to the writings by Osborne and Russo (2011), they wrote that for human beings to exist peacefully and relate with each other in a harmonious way there is a need for enforceable laws that will guide how people in society conduct themselves and how they interact with each other.
Company law is a crucial branch of law that governs the registration and operation of all companies within its geographical coverage. Company law provides clear legal guidelines on how companies can be formed, registered and operated. Consequently, company law applies in legal cases in courts to settle disputes.
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While researching texts written about law enforcement, I found just a few authors who published books about the role of men in law enforcement. It is against this backdrop that this paper aims at discussing extensively, the impact of women in law enforcement by using a cross-sectional, in addition to an observational study design, and conducting a random sample of women already serving in the police force.
Based on the constant disruption tea partiers cause in congressional office buildings and the capitol, it is unlawful for any individual within a hundred feet of any congressional office building in addition to the Capital Building to advance a representative within eight feet to pass any kind of pamphlet.
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”.
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.
The paper will also explain on what other sources or resources may be useful towards a more effective legal practice with reference to Australian legal practice. The basic proposition in question is that lawyers despite being guided by the Legal practice guidelines, have to employ their ethical and professional sense of responsibility.
Situation A: One employee has been with a Company for two years. This employee’s spouse gave birth prematurely to twins. He requested leave to be with his spouse, which was granted. This employee has been on leave for 11 weeks, and has asked to return to work, and to be paid the withheld salary from his 11-week leave.
The 12 parts of the Act provide an analysis of the local government in order to ensure that democratic and effective services are rendered to the people. More importantly, the Act defines the powers and the functions of the Local Government in addition to providing the basis for accountability for these governments.
In relation to the children’s rights, various provisions have been enforced both at the national levels and the international levels to protect the wellbeing and progress of the minors. In this context it reflects the right that are associated with the basic physiological as well as physical needs which majorly include food, health care, criminal law benefits and education and it will be discussed in this paper.
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The breakdown of traditional social control in any ethnic group in a community can spur criminal behavior. The theory of social disorganisation seeks to identify the fact that criminal behavior can be influenced by the relationship between citizens and their social environment.
Ryan has any basis to claim breach of the contract; contract dispute resolution mechanisms in the contract document can be implemented; the High Court has the jurisdiction to hear the case, the summary judgment on Lily’s claims has any basis in law, and; the flowery messages on the company’s website amounted to an invitation to treat.
An employer under employment law is to offer a concise warning of the type of demeanor that he regards to be gross misconduct. Details of gross misconduct can be given in the contract of employment or through the staff handbook. Recognizing such a demeanor in advance will assist to show later that the management considers it as an important behavior.
Medical Record: Mr. Imran is suffering from a traumatic stress disorder and severe depression. Currently, Mr. Imran's mental state required medical attention, which has been, given in the shape of his voluntary induction in weekly counseling from social workers in Hackling ton, London. His past record has shown his tendencies towards committing suicide due to the above-mentioned mental state.