Law Essays

The paper will provide a direct meaning of the study while defining the matters comprising the suggested underlying principle including the possible contributions and inferences of the evaluation. The background information, rationale, and hypothesis will be stated. The theoretical structures will be used to describe major constructs.

Generally, a breach of trust as made clear in the case of Armitage v Nurse may refer to a deliberate or otherwise inadvertent addition consisting of the act of misappropriation or misapplication of the trust property or an investment that lies outside the power of the trustee (Takashi 2004, p.528-550).

In addition, no warrant can be issued apart from when there is a credible cause reinforced by a pledge or declaration that must describe the residence or the person to be searched or the things to be seized. The provisions of the Fourth Amendment of the U.S.

Therefore, even though the powers of the executive including the president’s authority are always paramount, there is necessity that such authorities or actions be supported by pre-conditions fueling such actions (Robinson, 2009). As in the Duncan’s case, the civilian must never be seen to be threatened by the security that should actually protect them. It should be noted such actions constitutes to violation of human right as provided for in the constitution; thus, they should be evaded at all costs.  

The criminal justice system has the duty of ensuring that all the individuals accused have a fair trial because to do otherwise would be a violation of their basic rights. The development of the evidence against individuals should not only rely on that which has been got from the police but also that from the court as well.

It is important to consider some of the remarkable advantages or disadvantages involved in private policing. Private policing has a remarkable reputation concerning the level of its focus given to the private sectors. Private police focus on asset and property protection, which is a definite advantage for individuals owning private businesses.

Trusts are legal bonds in which one person, the settlor, grants powers to another, the trustee, to act on his behalf, say after his death, to pass his properties to their rightful beneficiaries. In this case, the trustee bears an obligation to pass the property to the beneficiaries, either as stated by the settlor or at his own discretion.

In light of this therefore, the department decided to carry out an analysis into the issue in order to establish the root cause of the problem. It will also give some insight into what could be bringing about the increased crime within the city. Additionally, the particular avenues and streets that seem to have the greatest numbers of crime will be analyzed.

Obligations erga omnes2 are essentially jus cogens norms3. In this regard, all laws which are geared towards protecting the basic natural human rights are supposedly international law which should be respected by all the members of the international community of states regardless of the sovereignty of any state4.

Definition of the Job Hard work and dedication driven by strong passion remain vital drivers for success in any career. In order to achieve my objective, I work extra hard to pass my final courses at UCF by ensuring that I always maintain or exceed the grades I set for myself when I was a freshman.

The case of Mr. Patel portrays a clear picture of how professionalism can be integrated into the organization and what lack of it can lead to it. The new Bribery Act implemented in the UK will serve as a platform for enforcing professionalism in most organizations. In summation, professionalism should be observed in all organizations as it serves as a good indicator of the company.

ADDRESSING LIBYA’S PAST INJUSTICES Question 1: The Tribunal with Jurisdiction over the Case of Saif al-Islam Gadhafi Libya is one of the countries, which do not recognize the International Criminal Court because it did not sign the Rome statute, which binds a country to the jurisdiction of the ICC.

Dworkin’s article Liberal Community debates the issue of whether or not the criminal law should serve as an instrument for enforcing “conventional ethics”. In this regard, Dworkin’s theory of ethics distinguishes between that which is right and that which is moral. Morality is difficult to codify because there is no universal moral code.

Essay Topic: 3j. Are the constructive trust rules affecting co-owned housing based on the common intention of the parties? Introduction While there are several principles and methods for the imposition of the constructive trust the common intentions of the parties is specifically applicable to co-owned housing disputes.1 The rules relative to constructive trusts in the context of co-owned housing focus on the unconscionable conduct of the legal owner of the property in question.2 Unconscionable conduct as a prevailing legal theme in the rules applicable to constructive trusts in the context of co-ownership is particularly important to intimate relationships.

ESSAY QUESTIONS Name Course Tutor name 12 February 2012 ESSAY QUESTIONS Question 1 How the prosecution is likely to respond to the motion and how the judge is likely to rule The suspects were booked after the police followed a tip of their involvement in a crime.

Laws and human rights are inseparable in the process to underpin society and the relationship with the citizens. Guideline into the European law system focuses on recognition through achieving awareness of the political, social, legal, religious, economic, and constitutional systems, which influences the lives of everybody within the jurisdiction covered by the stipulated laws.

There are chances for Anna to lose 25% to 40% of the total monetary claim she had placed. It is advisable for Anna to sue Michael, but she has to go through several procedures, testimonials, and trials before she achieves success as Michael’s defense is as strong as her claim. Physical injuries will also be considered.

The Corporations Act 2001 in fact an act of the Commonwealth of Australia that deals with the business entities of Australia from federating level to inter state level. It mainly focuses on companies besides other entities like partnerships / managed investment schemes. The Corporations Act is an important legislation passed by the legislators that govern companies in Australia.

In this section, we advise Angelina on her rights to the Aniston Villa. In doing this, the following pointers of law are relevant: Her rights arise from the £40,000 contribution she made towards the deposit that gave rise to the mortgage. Her legal right as a party whose name did not appear on the registered title.

In a chain of events, Susan's accident leads to a further issue that interrupts the electricity flow of the company and causes her to lose work meant for the client. This paper examines the core legal elements and facts relating to the situation and provides the various claims and defenses that can be raised by the four core parties in the case.

The perception of environmental law is fundamentally described as a set of effective rules as well as regulations concerning the safeguard of the natural environment of a particular region.  According to the present context considering the periodic incidence of global warming, international environmental law is generally considered to be a deliberate approach to minimizing the emissions.

Actus Reus is the outward conduct element of the crime. The mental element necessary for a particular crime or the blameworthy state of mind that accompanies the act or conduct is called mens rea.  These two ingredients form the basic elements of the crime. Thus, mens rea by itself is not enough; the actus rea also has to be established.

Provided the loopholes in the implementation are prevented, diversion programmes can necessarily be designed in a way in which they provide reasonable sanction. But one has to be very cautious in doing this because “neither diversion nor deinstitutionalization programmes” have found much success yet.

Tracey is a florist and has recently purchased some land which will enable her to build and open up her own shop. The land has been purchased from a company called Safebury Plc which has a chain of supermarkets. Safebury Plc has sold Tracey part of their car park, which is large enough to accommodate her shop and a few parking spaces.

Worker benefits and compensation are turning out to be more and more intricate and costly. Companies should cautiously think about both the business's financial needs and the workers' requirements when making compensation and benefits plans.

Administrative Discretion (Name) (Tutor’s Name) (College) Administrative Discretion Introduction Public employees constitute the class of people who work at the public sector under the direct control and administration of government. Although, public employees get comparatively attractive remuneration for their services, they are always vulnerable to salary-cut and other compensations in times of national contingencies.

The author states that debts are usually classified as secured and unsecured. Secured debts originate from valuable assets that come with a security agreement allowing a creditor to take back the assets if a debtor fails to pay or abide by the terms of the agreement with the creditor. Car leases, home mortgages, are examples of secured debts.

The court ruled by a narrow 5-4 margin that the Arizona program promoting school choice can continue − dismissing a lawsuit waged by the American Civil Liberties Union on behalf of taxpayers who disliked the program.

The case was initiated by lead plaintiff Dukes who represented some 1.5 million employees and was filed against the company Wal-Mart for injunctive relief, punitive damages, and back pay on behalf of themselves because of Wal-Marts alleged discrimination against women in violation of Title VII of the Civil Rights Act of 1964 (Wal-Mart 1).

The company was eventually bought by German firm ING and survives under the name of ING Barings today. Not so lucky was the House of Maxwell, where its founder Robert Maxwell committed suicide in the UK- subsequent investigations uncovered that he had misused employee pension funds and the company which was financially weak had to close down.

Unlike air traffic controllers, aircraft dispatchers work directly for the airlines, as well as in some cases being protected by a union-like agreement through non-profit labor organizations, such as the Professional Airline Flight Control Association (PAFCA) (“Professional airline flight”, 2011).

US Supreme Court Case: AT & T. v. Hulteen The instant case is a United States Supreme Court case in which the primary issue was to determine whether the Pregnancy Discrimination Act (PDA), 42 U.S.C. § 2000e(k) is violated by an employer, when pensions are calculated on the basis of accrual rule, giving less retirement credit for pregnancy than for medical leave (AT & T Corp v.

Force is a technique that is needed in order for police to perform their day to day duties; however there are no widespread regulations about what constitutes unreasonable levels of force. There is concern among the public that there is not much control over the way that the police use the power they have and that the control over this is limited.

The past decade has experienced enactment and implementation of the recommendations that were put forward by the IPP Committee in Australia. The move brought to the fore an unprecedented amount of law reforms that touched on state, private sector, and territory government levels in the legislation dealing with negligence, liability, and damages.

Mandatory minimums and other strategies to increase extensive punishment for nonviolent drug offenders might not pose any question to those who do not use drugs. The mandatory minimums raise threats to the safety of every American. There is an alarming concern that increasing incarceration rates in the United States would affect social institutions like families, communities, and schools.

In this connection the sentence of capital punishment had long been debated for its role to eliminate the most heinous crime in a society, the murder of a human being. Capital punishment defined as an “appropriate killing of a person who has committed a crime against community” (Fletcher, Lynda, Lynda & Dreama, 1993, p.78) is among the serious dilemmas that human society has faced as a whole because research in the field has failed to provide platform for a consensus on issue.

A tort is akin to negligence, the elements of which are as follows: (1) there is a duty or obligation to care other than based on contractual obligations; (2) there is a clear failure to comply with the said duty; (3) the breach caused injury, damage or loss to the complainant; and (4) there are no applicable defenses.

This seems to be a good fit with the reinventing government concept of the 1990s where there was a greater emphasis on customer service by public administrators to treat the customer right (Bach, 2009).

Adult Law in Social Work Introduction The equality Act 2010 identifies a person with disabilities as a person with physical or mental impairments that makes it impossible to perform day-to-day tasks in the long-term.The inability to carry out day-to-day activities implies that disabled people rely on assistance from other able persons.

The author states that identity theft has been found to be a major challenge facing executives. Crooks have been getting ever smarter and now target executives of small to medium enterprises where for instance fictitious orders for goods or credit lines are initiated and the goods are shipped to a third party.

The defendants in this case are Donald Rumsfeld as US Secretary of Defense, John Altenburg, Jr., Appointing Authority for Military Commissions of the Department of Defense, Brigadier General Thomas L. Hemingway, Legal Advisor to the Appointing Authority for Military Commissions, Brigadier General Jay Hood, Commander of the Joint Task Force in Guantanamo, and George W.

Monarch in Medieval England and Scotland was the “father of the country” or parens patriae. This philosophy that initially referred to the Monarch’s powers as the guardian of all his people was later turned into a jurisdictional power whereby the courts could assume the role of guardians and could make decisions regarding their well-being, custody, and maintenance on their behalf.

Over the years, safety measures in prison have been depleting which has made it easier to prey on weak prisoners. The act is mostly a combination of security agents staffing the prison and some few prisoners. Additionally, prison violence may be also a weapon by powerful individuals to eliminate specific individuals.

The main purpose of the intelligence-led policing is to reduce the crimes preventing the offenders from committing them. In order to implement it, it makes use of off-the-record data and information regarding crimes and criminals. The concept of intelligence-led policing is broad in its nature and concentrates more on sharing of information.

Just like practicing law, doctor’s practices are equally developed under the very stringent regulations that guide other professions like law. This is ostensibly to cushion the public from possible extortion by these professionals who are known to be very swift in such cases.

Generally, constitutional law in essence encompasses all the foundational regulations or laws that a country is based upon. This paper discusses broadly criminal law and constitutional rights. Research on previous work relating to the topic of discussion was key to arriving at the conclusion of this paper.

Different cases have plagued English law culminating in the creation of different names that are aimed at delineating the separate legal entity that exists between companies within the same group. In the case of I.R.C. v Sansom, the term polite invective has been used to describe the issue of legal entity between corporations.

In Alberta, the use of the restorative justice approach has also been helpful in reducing the number of crimes. Different Family-based Programmes, Community-based Programmes, School-based Programmes as well as Placed-focused Programmes have significantly reduced the absolute number of criminal activities in the country. 

In the Enlightened Shareholder Value approach, much focus is given to “corporate stakeholders, including the environment, employees, and local communities” which are considered important in establishing long-term shareholder benefits. Much debate has been seen throughout the years on what the goals of corporations should be.

According to these sentiments, success is never an absolute factor but a variable factor that depends on personal point and according to the views of an observer. The book Carlito’s way tells a thrilling story of a gang superstar by the name Carlito Brigante.