Law Essays

In an effort to prevent contraband materials from entering the jail premises, a change in the procedures in Mail management took place. Prisoners complained about it. Civil Rights groups and media took the issue to the public. Complaints were filed against the Department of Corrections, stating that there are violations of the First Amendment.

In the paradigm case, possession of a controlled substance is one of the crimes that Jones has been previously charged with. As to whether this crime is a misdemeanor or felony remains a subject of discussion. From the facts of the case, it is clear that Jones neither has physical control nor dominion over a controlled substance.

This paper demonstrates that developments in EU trademark and design law have reached a point where obtaining protection for shapes as either a registered trademark or design has become particularly difficult. It has become difficult to keep a registered trademark, as there is a danger that once registered, it can be the subject of invalidation. 

The survey aims to analyze mass murder. Mass murder according to Fox & Levin (2005), involves an act of killing four or more individuals concurrently within a short period. There is no time breaks in between the murders as the murders occur at the same time. This time of murders mostly occurs in single locations where victims are killed by the murderer.

The employees of Wal-Mart had restrained at the ground level to protest against such unjust conduct of the organization which in turn boosted the determination of the organization to restrict the employees from joining or creating any kind of unions. Other initiatives could have also been taken to impart the importance of unions in the organizations.

The application of consumer protection laws is different across many states and nations, but the principles governing them are the same world over. Notably, some nations might apply this principle at the national level and concerning well-known companies that breach consumer rights leaving them to suffer at the hands of small retailers. 

General contracts related to writing software are regulated by the Supply of Goods and Service Act 1982. In relation to the license agreements wherein software ownership is not transferred, the contract should include the duration and the scope of the agreement to avoid any possible misunderstanding.

The oil and gas industry has particular frameworks, which have been carefully crafted and instituted as well accepted agreements and are often referred to as JOAs (joint operating agreements). The traditional perspective of the parties to a joint venture held the operator with high regard as the one performing the consortium’s operations while the non-operator was a mere financial contributor.

However, this is not the case, Rosie is neither aware of the dog’s owner nor the offer made upon returning the dog to the shop. The fact that she only learns of the offer after returning the dog makes the contract invalid. In fact, the time period o the contract expires upon the delivery of the dog back to Bart.

For a valid contract to exist, the basic elements of a contract must be met. An offer must be made and the offer accepted by a competent party with the intention of creating a legally binding relationship. The contract must also have a consideration for acceptance to take effect. In the current case the other elements, intention to create legal relations and consideration, are not in question, but the element of offer and acceptance is.

Before any childcare nursery is registered, the qualifications of staff members of the nursery should meet the local authority’s specifications. The manager of the nursery should have appropriate qualifications (Ofsted, 2013). These qualifications are recognized nursery qualifications and an experience of at least two years. 

When examining the basic concept of liberty as a right in various countries, it can be seen that different perspectives are initialized, specifically in relation to the executive powers which exist. While the ideology of liberty is noted as a main power within society, there are questions of the protection of liberty, what this means and what powers should be demonstrated.

Perhaps the choice of law rules there is no different from the choice of law rules in MBI’s country of residence. Or they may be quite different. More importantly, the substantive laws that are applicable to the issues not covered by the CISG may be quite different from the substantive laws of MBI’s country of residence.

The author states that while the old test states that employers are generally no liable for their employees’ intentional acts, this has been evolving. Consider the case of Lister v. Hesley Hall Ltd. This apparently was one of the first times that employers are said to be liable for intentional acts of their employees.

A Shenzhen group organization signed a contract with an international company based in Hong Kong. The contract dealt with the contraction and management of the hotel. The international company was responsible for the management of the hotel. The Chinese company was charged with the responsibility of constructing the hotel.

The report has explained the link between globalization and disability. It has explained how globalization can influence in the life of disabled individuals. In light with the discussed impacts of globalization on disabled people and UKs current disability policy, the paper has tried to critically evaluate the effectiveness of the policy.

Corruption in police challenges the trust of the public and its cooperation in the prevention of crime, investigation, and discovery. It diverts resources and challenges operational capability as well as causes organized offense and the victimization of susceptible groups for example trafficked ladies and children and even immigrants.

Criminal law and the civil law are two different laws according to its foundation to deal with the cases separately (Michael, 2009). If someone violates the criminal law, the criminal procedure takes it course against the violator to implement its writ. In many democracies of the world wherein the criminal cases burden of proof lies on the shoulder of prosecution.

According to the research findings, it can, therefore, be said that American laws do not prevent anybody or organization to undertake video monitoring of an employee, even the employee does not know about his/her consent being monitored. Even the private and public sector organizations are aware of the importance of effective use of electronic gadgets for the safety and security.

In this regard, it is vitally important to put into consideration the evidence of the case as well as the public interest during the determination of possible prosecution. In light of the legal provisions, the evidence collected from the scene will probably be accepted in a court of law. This is because it is credible, reliable and first-hand and not merely hearsay.

Subsequently the sex industry expands even further to supply more sex workers (leading to an increase in illegal sex trafficking) and meet the increased demands of clients. This in turn produces a devastating effect on the ethics and moralities of the society, destroying some of its own cultural values.

It goes without saying that 9/11 stemmed from an intelligence failure. Before the wars in Iraq and Afghanistan, the enemies of the United States still had lesser motive to attack our homeland. However, the armed struggles going on in Afghanistan and Iraq are being used as fertile recruitment grounds for terrorist networks.

In the case of Goldberg v Kelly, the Supreme Court established doctrinal teaching on the constitutional mandates of procedural due process, to the effect that an individual is entitled to the twin requisites of due notice and hearing before an administrative decision is made against him that seriously and adversely affects his means of subsistence.

Although the torture policy has been authorized at the top government levels, it has remained a controversial issue for a long time because of the claims that it violates the standard of morality in a free society, such as that of America’s. This paper critically analyzes whether or not torture of enemy combatants in the United States is a violation of the standards of morality in the society.

(2011, par. 2) pointed out that this had been established in the cases of “Pate v. Robinson 383 U.S. 375” in 1966 and “Drope v. Missouri U.S. 162” in 1975. He further stressed that the U.S. Supreme Court made it clear that the moment there is evidence presented pointing to the said incompetence to stand trial, “even if the defendant does not request such an exam” the judge himself is obliged to have the defendant tested for competency (2011, par.

The compensation is meant to put them in the position they were before the case of negligence occurred. Kelly, Hayward, Hammer and Hendy (2011) note that before a plaintiff can sue a person for damages related to negligence, there are elements that have to be proved before a court of law by the plaintiff.

Rosa was detained following a suspicion by the custom inspectors that she was smuggling drugs. They accused her of swallowing balloons and this was proven after a physician who extracted a balloon examined her whose content were cocaine. The defendant before the examination had claimed to be pregnant and was suppose to be taken for X-ray examination (Carmen, 1995).

The Criminal Damage Act of 1971 explicitly has three specific offences that relate to criminal damage. These are simple criminal damage under S.1 (1), aggravated criminal damage under S.1 (2), and criminal damage by arson under S.1 (3). The central thesis of the appeal by R and G (2003) is the very definition of the adjective “recklessness”, within meaning of section 1 of the Criminal Damage Act of 1971.

As a result, the Sherriff altered and tightened the policy regarding police chases or pursuit. Accordingly, supervisors are required to any car pursuits that are not meant for violent crimes or other crimes that would be worth the pursuit regardless of the potential liability or danger.

The four sources of law shaping the English legal system (primary statutes, delegated statutes, Community law, and judicial precedents/case law), have all contributed to the formation of laws within the English legal system.  A hierarchal structure has been established with Community law prevailing over English laws.

Intellectual property (IP) can be defined as the lawful rights that originate from the conduct of intellectual activities performed in the scientific, industrial, artistic and literary fields. The prime intention of the law concerning the intellectual property is to defend the producers along with other creators involved in making intellectual-based goods or services by providing them with certain time-restricted rights.

Knarlesn is defamation. Knarles wants to cancel the agreement that Chetum made with Knarles’ son Barkley in his absence. He does this by telling Chetum that he will send him a check to cater for what he paid the maintenance company, and he will not even ask for payment for the job already done.

These factors include the accepted norms in what risks need to be disclosed to patients, the seriousness of the harm if the risk is to occur, the chances of the risk occurring, the risks themselves, the nature of the treatment or procedure, the questions raised by the patient regarding the procedure and the characteristics of the patient.

Section 1A of the legislation states that a person is guilty of an offence if , without lawful excuse, he “destroys or damages any property belonging to another intending to destroy or damage any such property or being reckless as to whether any such property would be destroyed or damaged”.

Partnership law clearly states partners’ rights and obligations incidental to the partnership. In the given case, all four participants have the right to express their opinion about matters connected with the treasure search. Similarly, each participant is entitled to obtain a one-fourth share of the treasure if it is discovered.

The culture of law and security enforcement has some similarities and some striking differences. Through observations and interviews within those communities, the nature of their culture begins to emerge. In observing the cultures and defining the ethnography as it begins to represent a group, it is clear that the culture had changed from before 9/11.

Is globalization beneficial for Canada? According to Thomas Friedman of New York Times, “globalization is the next great foreign policy debate. Yet as the debate expands, it gets more confusing”(Rodrik, p.19).When it appeared initially in the horizon, globalization created lot of concerns in the minds of many countries.

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.

Charities merely salve people's consciences while maintaining the status quo. While the social organization has been an essential aspect of modern existence, few would argue that even the nations with the most functional government systems have been able to address the ever-burgeoning amount of social challenges.

In today’s criminal justice system the potential pitfalls are not seen to be a problem as much as it has been in the past. The criminal justice system is equal and is said not to take religion, race, or any social differences into consideration. The rule is that no difference such as the above should reflect the proper application of the law.

It states that an individual who helps in the recovery of another person’s ship after some danger or risk at sea is entitled to a reward to appreciate their efforts according to the value of the property saved. The law of salvage has been in place over the centuries in cognizance of the dangers and the risks associated with the sea.

The relationship between crime and law is that, where there is no law, crimes will not be punishable and this would ultimately lead the world into anarchy. This is because the criminals would be so many that no one would be at peace. This would be occasioned by the fact that criminals would be aware that they would not be punished for whatever offence they commit, thereby leading to chaos all over the world (Schmalleger, 2011).

In the absence of a clear cut legal system that defines the structure and role of the judiciary, there would be chaos in the interpretation of the law and everyone would interpret the law in a way and manner in which they please. It is therefore a step in the right direction that the judiciary arm of government has been mandated to have a well defined legal system that sees to it that the constitution of the people is protected to the latter.

The case ‘Central London Property Trust Ltd V. High Trees House Ltd [1947] Kb 130’, 1947, was considered promissory estoppel despite it lacking neither consideration nor inference to bind. The judge in his ruling argued that, had the case been one of promissory estoppel, the estoppel would only end when the conditions ceased.

Perhaps if there is a group that is infamously notorious for committing cybercrime, it would be the group Anonymous. Recently, one of the group’s leaders hit the news with the arrest and prosecution of one of its leaders, Christopher Weatherhead, 22, a student at Northampton University who is now undergoing a trial at Suthwark crown court for attacking PayPal which allegedly cost the company more than £3.5m.

Hilda has been taken to hospital after being hit over the head with a chair leg by Billy, her husband. The incident took place in front of their two children aged five and eight. Billy arrives at the hospital an hour later having stopped off at the ‘Two Ducks’ for a few pints and is told by the nurse that he cannot see his wife.

With concern to anti-discriminative policies, in Europe, the directive for equivalent pay for male and female employees was first implemented in the year 1975. Based on similar grounds, directive 2004/113/EC was implemented in order to expand the protection against gender discrimination in different areas of society.  

Even knights and pilgrims had not failed to rape women on their way during Crusades marching towards Constantinople. During World War Japanese Army raped almost 200,000 Korean women forcing them into brothels. Surviving Korean women were given a compensation of $ 2,300 each by Japanese court in 1998 (Siegel, 2011, p.

Lord Longdale denotes that three certainties are; the certainty of the object, certainty of intention, and certainty of the subject matter. In this case, Richard Knight made a will that passed all his property to his brother Thomas Knight, and to his male offspring. If there was none, then his property was to pass over to descendants of his late grandfather, Sir Richard Knight. 

Although it is oftentimes understood and believed by American historians that this particular movement of independence was somehow native and special to the American experience, the fact of the matter was that many of the influences that contributed to thought within the colonies were heavily influenced by the writings, teachings, and philosophy of a broad range of historians, Greek thinkers, and or European sociologist/political scientists.