Law Essays

Erwin Chemerinsky notes the federalist structure acts as a major influencing power in assigning various powers to individuals through the constitution. It is divided into the state government and central government in general making it a powerful system driving the nation.

Self-reporting surveys show that the rate at which crimes are committed by different groups in the population does not march the prosecution statistics. The methodology in the paper shows how the data for this research was conducted which was through comparing different studies conducted on this topic.

In the case of the United Nations (UN), the objectives are global and condescending as the body works for human rights, development, security and peace. Disputes related to the work environment are common and relate to disciplinary measures, harassment, discrimination, promotion, equity of treatment and renewal of contracts.

Is the company being sold simply because the board needs to perform its fiduciary duties? What is the extent of application of the fiduciary duties in this case? These are the two main questions that should be answered in analyzing the reason behind the sale of the company.

My only sight of prisons is those I have glimpsed in movies. This virtual experience has made me feel like I am really visiting the prisons but excluding the prisoners for I have witnessed only the death row cell, secure cell and cell housing unit, as well as the open dorm housing unit and the prison compound. Honestly, some of what I’ve seen have met my expectations while some have just not.

Customary law can be defined as a rule of conduct that is customarily recognized, adhered to, and applied by the inhabitants of a particular community in their relationship with one another within and outside the particular community and which has obtained the force of law, in that noncompliance with the rule or custom in question attacks adjudication and possible sanctions.

Imagine that you are living in a neighbourhood that is littered, with walls covered with graffiti and streets parked with unreturned shopping carts. Would the scene around you result in more litters, theft or even trespass and other criminal acts?

It may be important to note that the arrested person is denied some of the fundamental rights such as the freedom of movement, and freedom of association among others but it is also necessary to mention that this does not warrant inhumane treatment as detainees are also protected by the same laws which define the expected code of conduct to be observed by the arresting officers.

This has far reaching effect not only on the economic policy making of the member countries but also on their political and legal systems. Common policy implementation requires great political integration of the various member states.

It does not cover age discrimination or disability discrimination, which are covered by the Age Discrimination in Employment Act and the Americans With Disabilities Act.2 Companies that discriminate against people on the basis of these qualities can face severe legal repercussions under United States law.

No matter what the reasoning, if an offender is not punished, then justice is not done. Punishment must be regarded as justice and must not be viewed in any other form of negative emotion such as revenge or anger. Justice is done only when the guilty are punished. Hence, only sentencing based on retributive principles leads to justice.

How is contract defined? When do teachers become ineligible for unemployment compensation benefit? What are the instances that disqualify a teacher from getting the compensation contract? Brief Answer It depends on the contract and employment status of the substitute teacher.

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.

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.

In Lloyd vs. Grace Smith & Co, 1 the court held that a principle is variously liable for the fraud of an agent acting for a corporation. By employing this rule, John was an employee of MoreeRE and was making representations for the company in his dealings with Cathy.

In contract law, there are two types of terms: express and implied. Express terms generally mean the terms that in specific have been mentioned orally or in writing and agreed upon by both parties involved in the contract during the time when the agreement is being made. On the other hand, implied terms are different from expressed terms.

Civil justice reform in England and Wales necessarily honed in on addressing the cost, delays and procedural complexities of civil litigation and thus making civil justice more readily available to ordinary citizens. Much of the reform in the English civil justice system follows from Lord Woolf’s Interim and Final Reports forming the basis of the Civil Procedure Rules 1998 which took effect in 1999.

Civil Litigation covers a broad range of disputes including Environmental law, Product Liability, Intellectual property, Employment and Labor, antitrust, worker’s compensation, and Education Law. The scenario of Foster and Powell falls under the Anti-Trust laws. The Civil Litigation Process has some defined stages.

The IACP is sponsored by. The main purpose of the IACP is to enhance the police service by improving the administrative sector, technical staff and the overall operational performance. It is also used as a forum to share ideas and experience, as well as increase co-operation between different well known police departments and organizations around the world.

The issue of what defines organized crime has been under discussion for a long time. There are many arguments on the correct definition of organized crime. Nevertheless, there are certain features that characterize organized crime, which are used in investigating if a crime is organized. Organized crime involves an act of violation of law that had been pre-arranged.

The main purpose of the court in the U.S. is to protect individual freedoms as prescribed by the constitution as noted by Siegel, Schmalleger and Worrall (2011). In this case, the court has the purpose of resolving disputes, administering justice, protecting people from the inappropriate application of government power, and making formal records of legal statutes.

The pertinent question remains what is good order and discipline? For purposes of better understanding Ireland (45) describes this phrase in the form of two entities before integrating it into one.

There is more to gain from granting statutory rights to atypical employees as opposed to denying them. Additionally, the number of atypical employees has been on the rise, and so are those industries and businesses that use these services. There has been a feeling that they do not warrant a similar level of protection.

Ministere Public v Deserbais. The judgment given on any case that has international interest is always bound to raise both fair and unfair criticism from the public and the interested parties. The Advocate General and the court’s various commissions are responsible for giving sound judgment on controversial cases, and they are obliged to do so in a manner that indicates enlightened judgments.

CPS will endeavour to collect more evidence such as statements of friends, neighbours, and children as stated above to strengthen the case as they can give direct evidence as to the scene of occurrence, apart from hearsay evidence from others. Besides, medical evidence from the hospital where the victim underwent treatment will also be relied upon.

Delia can sue Patrica for some of her acts. From the case study, it is obvious that the former occupant (Geraldine) of the No. 1(a) granted Delia a right of way by deed. Since Delia was granted the right of way by deed, it is still valid even though the ownership of the property has been transferred.

The problem with such a trend of thought is that as States become emboldened in transgressing human rights, it becomes harder to distinguish who is the innocent and who are the terrorists. There is no clear decision on this matter; all that can be done is to maintain vigilance and choose each course of action with great deliberation.     

Collective bargaining refers to negotiations that take place between an employer and a group of employees (Legal Information Institute, n.d). The increasing presence of the federal state in the 21st-century Australian industrial laws has seen the power of collective bargaining heavily watered down through policies and legislation that favor the corporations. 

The first trial of Gonzales for murdering as well as other offences resulted in hung jury. Before the retrial of the case, Gonzales was acting as ‘Pro Se’. This was further unsuccessfully moved to eliminate the trail judge that was based on the adverse ruling as well as on comments related to the first trial.

More than 3 million youth graduate annually from high schools across the United States (Welner andWendy 58). However, approximately 65,000 of these are undocumented students (59). These belong to what is known as the 1.5 generation. 1.5 refers to the first generation of immigrants who were brought to the United States when they were young.

The boundary between business and social responsibility has been obscured; instead, a symbiotic relationship between the two concerns is conceived. Thus, a business, by serving the interests of its broad stakeholder pool inclusive of the community and society in general, also pursues the wealth-generating goals of its shareholders.

Much research has been conducted on the organized nature of crime to which is associated the term “contested concept”. Different meanings of organized crime have been studied and obtained by researchers.

The Buy American Requirements. Specify the main points of the Buy American Requirements in one (1) page or less. The buy American act is an act, which was formed to encourage federal government to buy from the American companies. This act applies to various government departments such as the construction, repair, maintenance and alterations of public works.

Following the increasingly high demand for high-quality toys, which are both traditional and electronic, my friend Jay and I are planning to establish a toy shop in Witney, Oxfordshire. This toy shop is entirely a new business venture. The reason for choosing this location is because Witney has hardly any toy shops despite the market demand for these two types of toys being high.

Constitutional monarchy is considered to be a form of administration in which a King or a Queen acts as the head of the state, country or group of nations. The actions taken within the running period are usually guided delineated by the rules stated in the constitution, whether it is an inscribed, uncodified or combined constitution.

Despite the furor the decision seemed to have triggered, the fact is that the decision did not embody a new law on the matter, but was merely a restatement of the existing law on the mortgagee’s power of sale.

The paper can successfully provide information to a person who has not studied Business law. It can also help one seeking remedies for different problem under the Sale of good and supply of service act. The part on the consumer Credit act is also well tackled. The paper has also tackled some basic guidelines under the unfair trading practices provision.

You specifically requested advice on the steps that can be taken to prevent your husband’s violence against you and what you might expect in terms of division of the matrimonial property upon the dissolution of your marriage. In this regard, we advise you to file for a non-molestation order together with an occupancy order.

The minimum wage is a cornerstone of the United States' labor system, has long been a fixture of U.S. labor market policy. Early attempts by labor unions to create a mandatory minimum wage were ruled unconstitutional by the U.S. Supreme Court on the grounds that they "restricted the worker's right to set the price for his own labor"

One of the great threats of the modern world is from terrorism that many regard it as the combination of various crimes. Any nation, or culture, will have concerns regarding the way crimes are increasing and creating disruptions in the social life.

According to the doctrine of vicarious liability, a liability is imposed on a person for a tortuous act (negligence) which he has not committed but he has a special relationship with the one who committed the act. Therefore, vicarious liability imposes liability on a person for another person’s negligent act (Lippman, 2009).

The legal remedy for breach of contract arises when one of the party’s performance is not up to the level of agreed terms relating to goods and services. It does not match the price and quality of goods in the market. It shall include costs and expenses borne by the plaintiff to locate alternative goods or services. 

Supreme Court which overlooked the circumvention of prohibition of taking of private property in a State action. Fifth amendment The U.S. constitution has no specific provisions for private property rights though it protects them. The Fifth Amendment prohibits taking away of private property for public purposes without just compensation.

Loans can be assured by providing security in personam where a third party entrusts loan security to the security trustee in a loan syndicate who are the beneficiary should default or inability to pay agreed premiums as agreed in the loan agreement; or in rem where the principal borrower entrusts collateral to offset the loan should the borrower fail to pay.

The balancing test deals with objective reasonableness. The more severe the person’s actions are, the greater the force that an officer can justifiably use. The question is whether the officer’s use of force is being objectively considered. What the officer knows to be fact is critical in deciding the appropriateness of force.

These recent legal decisions have contributed a lot to refine the traditional stipulations surrounding them. This has been well illustrated in the amount of emphasis currently attached to beneficiaries’’ loss as a result of a trustee’s actions. The law provides that a trustee should manage a trust property (in this case a fund) on behalf of beneficiaries.

This paper seeks to discuss some of the elements of employment law. The paper will explore a case study, to identify the legal principles involved, with the aim of offering legal advice to the involved parties. Issues The case involves three different counts between Christian, an owner of a catering firm and three employees to the firm.

Even so, it suffers from the same maladies as other forms of mandatory sentencing, namely that it removes the ability of a judge’s discretion to decide otherwise looking at the particular circumstances of the case. Not all offences may be violent or serious enough to merit this kind of mandatory sentencing, and the long terms normally given to first and second time offenders are prescriptive enough to deter even hard core criminals.

All insurance dealings are based on the principle of utmost good faith. The European Commission has formed rules that determine which member state's laws should govern insurance contracts. According to United States General Accounting, the EC subjects insurance policies to the local laws of member states in which the respective policyholders reside.

Who would have thought that the least painful thing Jon Benet Ramsey would do would be to die? One of the things that the media is excellent at is shifting the focus from tragedy to scandal to justify their continued presence in a matter that did not merit such hard-pressed coverage. She was a little girl who died tragically at the hands of someone who treated her with disrespect and violence.