Law Essays

As a result of her tragic life events, Mrs. Evans has developed depression and she takes anti-depressant medication regularly to control the disorder. This paper will discuss the living conditions of Barry and Felicity and evaluate whether or not the threshold criteria described under Section 31 of the Children Act 1989 are met.

In essence this gives an idea and basis on the actual crime scene and the way the crime was carried out (Douglas & Munn, 1992, 1-10). On the other hand, signature can be defined as the mode by which a criminal leaves his or her mark on the crime scene. This is a criminal’s way of personalizing his/her act and goes beyond the actual crime being committed.

Improvements to the Law as Introduced by the Defamation Act 2013 In relation to freedom of expression and people’s dependency over the use of information technology such as the Internet, the Defamation Act 2013 was enacted in order to improve the existing English defamation law.

The Internet provides a unique opportunity for the holders of intellectual property rights to publish and sell or rent their material.  At the same time, the Internet opens up many opportunities for the unauthorized use of the intellectual property. In particular, intellectual property may be copied for relatively low costs and distributed over several states simultaneously.

Therefore, a breach occur when a person of sound mind or reasonable person fail to undertake something, which a reasonable man could not fail to do. Thus, relying upon this consideration determines whether an act amounts to negligence or not. In order to sustain an action of negligence, the plaintiff need to proof that the defendant owed him the duty of care.

One of the policies that contributed to the financial crisis is the international capital framework. Many economists hold that the existing capital minima established by the Basel II system are too low. Before the financial crisis, banks in the United Kingdom and elsewhere were able to maintain capital well above the 8% Basel minimum.

The need for employers to issue references for their employees is on an increase. This makes it necessary for employers to provide the required information in a just and fair manner. Employers who give damaging references are liable for their actions in circumstances where legal actions are taken by their employees.

The author has recommended that there is a need to for including clear transparency in the legislative test in both jurisdictions by amending the tests. People should also be made to understand that transparency alone is insufficient in legitimising a substantively unfair term. This is possible because it does not reflect the intentions of legislators.

One very serious aspect and a growing concern for most government and judicial authorities, health practitioners, non-government agencies and the public in general is the rise of sex crimes. Next to substance abusers, sex criminals are the rapidly-increasing part of prison populations.

The paper begins with an introduction, a reflection on the juvenile justice system of Maine, its overview, its important activities, and a conclusion. Examples of the Long Creek Youth Development Center (LCYDC) and the Mountain View Youth Development Center (MVYDC) have been used to explain the nature and function of the juvenile facilities of the state.

Sam stands in a fiduciary capacity to the shareholders of the company. Twycross establishes that promoters are individual to take the initiative to set up the company, arranges the finances, and is responsible for the registration and formation of the company. Promoters also have a fiduciary duty to the shareholders, as he stands in the same position.

As the paper outlines, Australia has taken great strides in its short history as a democracy. After winning sovereignty from British rule, the leaders of the young nation embarked upon creating democratic institutions and processes to ensure fairness and justice for all. They looked up to British legal history and the American written constitution to chart out a robust constitution for Australia. 

It is essential to state that according to the British laws, homeowners and real property holders are often entitled to enjoy their properties without any interference from neighbors such as irritating sound and noise, odors and other pollutions that may cross the boundaries into their property.

Generally, moral and morality refer to what is judged as good conduct. A moral person is one that has the capacity to make value judgments and decipher what is right from what is wrong. The measure of right and wrong is determined by society, and in the case of the police, professional ethics apply.

Thus, it was unconstitutional as it would violate the Fourteenth Amendment according to the United States Constitution. The Illinois Manufacturers Association brought the case forward as a challenge to operation of the office of Factory Inspector. Immediately after the law was enacted, it was highly challenged and parties decided to take the question of the constitutionality of the statute straight to the Supreme Court.

After Korea was divided into the northern and the southern territories, various North Koreans have defected to different countries, including South Korea, Japan, Mongolia, Russia, but most notably, China. These defectors have long been classified as refugees and as such, their status in their host countries has always been shaky and politically unstable at best.

As such, people who commit crimes of any kind have to be punished or pay for their actions in several ways. This is the only way that justice can be reached for those that have been offended. At most times, it is adults, who are individuals above 18 years when they commit offenses. These people are taken to regular courts.

The prevalence of substance abuse in these institutions that are meant to reform people has been met with a lot of questions on the effectiveness of the criminal justice system in the region. This questionnaire focuses on the effects of substance abuse on prisoners in these special institutions.

Summary Ross should not be found guilty of the murder of Samantha. The defence of self-defence should have been put to the jury. Self-defence is a part of the doctrine of private defence in the English law. Self-defence is defined as use of reasonable force to protect oneself from an unjust threat.Self-defence is a complete defence unlike loss of control.

In addition, upon purchasing a firearm, an ATF form 4473 must completed (FBI, 2013). 2. States which impose a waiting period on any type of firearm require an individual to wait for a certain number of days before between when the weapon is purchased and when it is transferred into his or her possession.

Many multinational companies have realized the significance of developing guidelines or codes of conduct that can help them to achieve their business goals in the global competitive market. Codes of conduct are effective policies or guidelines developed by a company and these guidelines define or provide ethical standards that the company may follow in order to operate effectively in the global business market.

A good starting point is the declaration of independence by Palestine.  On 15 November 1988, the Palestine National Council declared Palestine an independent state.  However, this announcement might be seen as a mere formality since the League of Nations provisionally recognized Palestine as an independent state as well as the 1922 Mandate for Palestine that awarded Palestine to Great Britain.

The ruling of the high court in respect of this case brought a major change, leading to the legalization of abortion.Today, abortion is considered to be the right of the woman in respect of the fourteenth Amendment of the US constitution. The following sections of the paper are dedicated to discussing the Roe v. Wade case.

The books I referenced in the paper throw light on Regan’s and Singer’s works and I chose them because they help contrast Regan’s approach with that of Singer’s. I also laid stress on books composed by Francione because his works help immensely in understanding the core ideology of the animal liberation movement. 

Kitchin, once again, made reference to the Baigent v Random House, whereby the differences between expression and ideas in a case in a case of this nature were particularly taken into account. He affirmed that copyrights provided protection on the literary work including facts, development, and arrangement of ideas among other issues. 

The company sank under a trail of impropriety, illegality, and shady dealings that were so oily, that the FBI, regulators, and a myriad of other investigators were sucked into the investigation. Allegations of financial malfeasance followed immediately after the bankruptcy was filed, with a cash shortfall as high as $700 million in the client account.

Sting operation is used in the “Birmingham Police Department” (BPD) to assist investigators in apprehending wrongdoers (Stevens, 2008). Reviewing of Dr. Langworthy’s findings on sting operations allow BPD to investigate and address criminal issues. This paper discusses sting operations adoption at the BPD and uses concepts pertaining to “inputs, activities, outputs, and outcomes” to justify its necessity (Stojkovic, Kalinich & Klofas, 2007).

155). This Amendment empowers individuals to remain silent and thereby avoid being incriminated by the state in a criminal matter. Thus, in Miranda v Arizona, the Supreme Court ruled that the state had to warn individuals of their rights in situations that were essentially coercive.

(McDonald, 1983) In respect of a public defender, the fundamental aspect is that the person is an attorney and has a J.D that is a graduate from an American law school and/or passed the state bar, which is dependent upon the jurisdiction. It goes without saying that the experience in respect of public defender would vary similar to that of a private defense attorney.

Gibraltar Security Firm is headquartered in California and has an enviable record in provision of security services. We have undertaken an analysis of your current security detail and established several aspects that need to be addressed as are discussed herein.

Incarceration affects millions of Americans either through current or past imprisonment or the imprisonment of a family member or friend. As the incarceration rates continue to rise -- most recent figures estimate 2.2 million U.S. residents were in prisons and jails in 2003 -- so do the numbers of children affected by their parent's incarceration.

For instance becoming sick is not a sin and therefore such Christians fail to understand the disorder that has taken place and the actions that need to be taken but instead attribute is to sin (Young 291). The ministries of spiritual healing that are coming up go ahead to emphasize that the same spiritual healing can be effective on a sick person and all that is got are death cases.

Many articles have been discussed in parliament in an effort to discuss the economic, philosophical, legal and organizational implications of privatization of Juvenile Facilities. In late 1999, facilities that were privately operated held approximately 30% of all the juveniles who were in residential placement.

The Court of Justice judgment in case C-356/05 Elaine Farrell v Alan Whitty, Minister for the Environment, Ireland, Attorney General and Motor Insurers Bureau of Ireland (MIBI), judgment of 19 April, 2007 is a case concerning obligatory insurance for civil liability in respect to motor vehicles.

Mel has been the target of sex discrimination on the basis of pregnancy in Widgets & Gadgets Pty Ltd. Although she has been deprived of her rights on various levels, yet the fact that she was not provided with a safe environment during her pregnancy provides the strongest reason to lodge the complaint.

In this regard, the organizations are often viewed to be involved with the issue associated with misrepresenting or misleading their consumers while conducting marketing and advertising activities. In this context, inappropriate information regarding the features, advantages and drawbacks of the products/services to the customers frequently lead to create number of ethical concerns for the organizations (Ferrell, 2004).

Aside from systemic solutions, behavioural transformations and policy changes should take place to alleviate the injustices caused by racial profiling and Zero Tolerance Policies (L:04/24). This may not be as easy as it appears. An example is Special Order 40, a police mandate implemented by the Los Angeles Police.

Marijuana is not attractive to those who seek power, the drug having a negative effect o ambition and creating a lax attitude towards life. Where alcohol supports social interactions among the powerful, marijuana is not considered appropriate as a social lubricant among those with power. Therefore, it is illegal as a way in which to impose morality through public fervor created by politicians.

Nations have legislative bodies that are empowered to make policies and regulations that guide the justice system, police department, private security, and private citizens in regard with the investigative detention and the arrest of suspected offenders. The laws that are enacted empower individuals in their capacity to carry out duties under the enacted statutes.

Criminal Profiling Name Institution 1. Analyze the role of geography in the profiling process. Explain some of the general principles of geographic profiling and crime scene assessment. Geographical location can be of uttermost importance when it comes to profiling of various crimes (Turkey, 2011).

Matters relating to the environment have usually in the politics of the United States of America taken a significant place since the early 1970s. This is due to the new calls arising from all over the world for all people and especially governments to take a significant role in promoting environmental conservation and awareness.

Scenting Ltd wishes to introduce a perfume of their own under the trademark “Desir” and its smell is to be described as “spice with a touch of citrus lemon”. It is to be examined whether it is legal to use the name “Desir” and whether the olfactory description is registrable as such or by any other description.

The legal profession certainly requires people who can reflect knowledgeably. The reflective practitioner must be able to utilize intuition, ideas, and careful thoughts in their practice. The reflection process enhances the legal professionals in handling certain issues that may not be handled through the normal daily way of work life.

The patient should be explained broadly and also he or she is supposed to know the nature of treatment for the example of the case of Chatterson VsGerson.The second one is consent should be voluntary and this means that the patients should provide their agreement without restrictions, threats, force, terror or for any unfair gain.

The author states that the effectiveness of an organization can be judged from two different angles; one from the perspectives of the organization and the other from the perspectives of the society. These two perspectives are entirely different and it travels in the opposite direction. Organizations which fail to obey this may not survive in the world.

The 27 governments signed the Treaty and joined the European Union in the hope of achieving peace, and cooperation among the states and their citizens. To achieve this, the EU promulgated legislation for its uniform implementation in all the member states. However, because the membership of the EU has diverse cultures and traditions.

With regard to the proposed transactions and dissatisfaction of Ergan, Arif, and Moshe as minority shareholders in the actions of Pedro and Morgan; this raises issues of breach of directors’ duties under the Companies Act 2006. "A director of a company must- a) act in accordance with the company’s constitution, and b) only exercise powers for the purposes for which they are conferred”.

Money laundering also complicates the process of tax collection for the government. These factors cause the government to impose a higher tax in order to make up for the losses. Thus, there is dire need to take drastic steps to control money laundering because of its extremely dangerous effects upon a nation’s economy.

The Act contains amended measures on the following issues: company communications with shareholders; company director’s duties; and financial and non-financial reporting. In regard to the duties of company directors, the Act maintained a principal duty of directors as acting in the shareholders’ interests.

In some of the cases, the information provided by the media and the judgment given were not consistent completely with the laws in the legal books. This was seen in the case of Lord Hanningfield where it cannot be said clearly if the person had misused the power of his position or exercised his rights which he claimed.