Law Essays

Estimates are that 200,000 men are raped behind bars every year, according to the Stop Prisoner Rape group. There is little to no action taken unless someone is beaten so badly that he requires medical help. One prisoner may claim another but once his time is up, execution or release from the system, then the victim ends up with another rapist.

Specially mentioning, the juvenile courts were established to seclude the system of treating children from that of adults. It can be affirmed that the level of mental development, which is evident among children, is less as compared to adults. Hence, there was a requirement of developing a special system of jurisdiction for children.

The article also points out that the high rate of psychiatric illness in the US prison population suggests that many defendants were perhaps denied the NGRI defense. Chiacchia also questions the benefit of confining NGRI convicts to mental institutions since the focus on rehabilitation is completely lost.

This paper examines Walford High school’s obligations as an employer and the element of tort for both parties. The first part will set out the fundamental rules relating to employers’ liabilities in tort in this case. The second part will relate to Tony Bale’s rights to claim damages from Walford High School based on vicarious liabilities. 

The resumption of direct profitable air traffics to operate from the United States to Cuba will create many new opportunities for firms that carry out the duty of servicing and maintaining aircraft. In addition, this move will only be successful if the United States forms appropriate agreements with Cuba. 

Any reasonable policeman would have drafted charges and presented the four suspects to court. It is as a result of the breach of this duty of releasing the suspects that they torch the house of the complainant with a firebomb, that is, but for the release of the four suspects, the house would not have been torched with a fire bomb.

Women are forced to pay back the dowry and other marriage expenses to their husbands in the event of divorce. They are also mandated to pay for the divorce while men are exempted. Acts of divorce thus burden women more than men because, in the long run, women stand to lose more when compared to men. 

The Constitution of Britain is drawn from several sources including the European Union law, Parliamentary Acts, common law, Royal Prerogatives, Conventions and scholarly material. The Constitution is unwritten because there is no body of law that brings together these rather disparate written sources of law into a single document.

In light of the increase in rape cases across the United Kingdom, there has recently been a concerted effort to try and effect much-needed reforms in the management of rape cases across the UK, these efforts are seen to target rape cases from the initial complaints to trying to effect changes in the Kingdom’s statutory laws. 

An agency relationship is formed when an agent agrees to represent the principal. However, this relationship is fiduciary (based on trust), therefore, is governed by employment laws. However, there are times when the agency relationship has to be terminated after which the agent would no authority to act on behalf of the principal.

According to the case of Sally, who is a U.K resident but has decided to study abroad, I would advise as follows. Having been estranged from her family and facing a serious financial crisis in paying her fees and keeping up with her bills, her fees are bound to be higher than the national students in Sweden since she is considered an international student.

Media reports on agitations in oil-producing areas of Nigeria over unfair treatment by oil companies and the government is not a new phenomenon at all. In recent times, issues of extremist activities such as Boko Haram in Nigeria make the phenomenon a more serious one. This is because unresolved sentiments between local people against companies and the government could go on as long as fuelling extremist attacks.

The natural law theory is based on the principles of nature and natural laws. It is described by most philosophers as what informs the power of reasoning. This theory is one of the most common theories of law applied in legal academia and jurisprudence. The opinion of the Court delivered by Justice H. Black espouses natural law theory reasoning.

Commercial arbitration has been researched and written about extensively with a focus on aspects such as the establishment and enactment of arbitration awards in various countries. For the past two decades, arbitration has become immensely beneficial in the state of Saudi Arabia as an effective way of solving commercial disputes.

It can be concluded that Arbitral proceedings are essentially governed by the principle of lex arbitri which refers to the law of the place of arbitration. Sometimes lex arbitri can also be referred to as the procedural or crucial law. Lex arbitri is mostly a procedural law but it also has some substantive elements. 

Although the principle of the market place is dominant, other justifications also emerged. For example, some scholars have suggested a liberty theory whereby freedom of speech becomes part of fostering individual self-realization and self-determination making it a larger part of the right to self-expression and personal development.

Encouraging witnesses to provide evidence seems a major problem for the police and prosecution as lack of evidence often results in the acquittal of those who are actually guilty in the eyes of the law.  Fear, intimidation, appalling police practices, and distrust in the legal system are considered primary reasons for not cooperating with the police.

In criminal law, Court of appeal justices are given more leeway in avoiding precedence, this is informed by the fact that the defendant’s liberty is at stake. However, some critics have called for the civil division of the high court to be granted similar powers. The British legal system has several advantages among several disadvantages.

The Supreme Court (SC) decided unanimously for Mrs. Prest despite not lifting the veil of incorporation. The SC stated that it had general powers to pierce the veil of incorporation under sections 24 (a) of the Matrimonial Act and by the virtue of the beneficial ownership of the properties by Mr. Prest.

There is no precise definition that can be used to encompass what Corporate Social Responsibility (CSR) entails hence diversified definitions of CSR exist. Definitions range from defining CSR as not being limited to how companies use the profits they make but also encompassing how the organizations make these profits

In the US, the First Amendment accords an unqualified right to freedom of expression. However, in the UK, there are restrictions on this freedom. The case law of the US reveals the fact that the balance is tilted towards the right to freedom of expression, in contrast to the right to privacy of the individual. 

The holder of a trademark, copyright, or another kind of intellectual property may want to take advantage of the rights assigned to this property in a specific region or country by licensing an intermediary to use the property in the area given to him. This form of setup permits the owner to acquire the advantages from the utilization of his intellectual property yet, frees him of the need to furnish capital to finance the venture.

It is required that an accused person should be presumed to be innocent throughout the course of the trial until the case proves otherwise. This principle was established in the common law of England, by Lord Sankey, where the ruling stated that it is upon the prosecution to prove the guilt of the prisoner beyond any reasonable doubt, regardless of the charge or where the trial is held, in the case Woolmington v DPP.

Human trafficking refers to the trade of human beings, especially for purposes of using the victims as sex slaves, forced laborers and organ or tissue donors as well as surrogacy among other crimes. In Europe, human trafficking takes place within individual countries and across borders. Other victims come from northern Africa, Asia and the Middle East.

Law acts as a moderating influence in human society. The application of law to all and sundry tends to make society more liveable since it promotes equitable values. Legal philosophers have espoused and supported the equitable application of law to everyone in society since it promotes respect for the law and provides man with a framework to regulate life.

Intersectionalists explore the biological, social and cultural classifications of women and how the resulting outcomes in the form of race, social class, capability, and sexual orientation impact internal divisions among women, leading to the discrimination of others while the rest of the community continues to live happily.

Sun Tzu is an icon to many people in the world especially based on military and war. He rose to fame as a military general in ancient china, a strategist as well as a philosopher. Many people in china attribute his fame and success to his famous Chinese book based on military strategies known as “The Art of War".

Security is a major global concern and determinant of every nation’s economic prosperity. This makes it important to have law agencies; which not only enhance law enforcement but also, ensure the protection and preservation of the constitutional rights of citizens as well as visitors. For effective control of our country and societal well-being, sheriffs play a major role in maintaining peace and safeguarding the community.

In the area of competition laws and state aid laws, 2013 heralded a number of changes and modifications in the structures and systems that were put in place in the European Union. This involved numerous changes in the application and integration of various rules and regulations relating to defining state aid.

In the last couple of years, Medicare has been quite upbeat and practical in its efforts to create public awareness about Medicare fraud, which is considered a national problem given that fraud costs the program millions of dollars annually. That the Medicare program uses multi-pronged and multi-disciplinary approaches and sources to help with the detection and prevention of Medicare fraud little has been done to achieve meaningful success.

Minority shareholding is a common phenomenon in many industries, especially private entities. The majority of them are transferred to key employees in an attempt to make them become committed to the company. The value of shareholding depends on various factors including the control attached to the holding and the size of the building.

According to the oxford dictionary, autonomy is the ability to know what is required of us morally (Carle 2006). Individuals who are fully autonomous are those who are in control of their own actions. When it comes to the law: No other right is held more important than the right of any individual to be in control of his own actions, without any interference from other parties, this can only be denied by clear authority of the law.

Over the years, States have deployed conflicting approaches to curb the shortcomings of foreign investment. Evidently, this is due to the lack of a multilateral agreement on foreign investment. This article will argue the division that has cropped due to the lack of such agreements in developed and developing countries.

Rawls begins his book by articulating that his main idea revolves around justice as a concept of fairness. However, he is quick to mention that his arguments may be termed as contradictory while he continues to analyze the theory of justice. In addition, he argues that other philosophers are likely to counter his argument for reasons they consider best.

In any international trade discourse, the trader is seen to be the profit-making entity and the consumer is regarded as the unprofessional entity that bears much risk in consenting to assurances made by the trader to guarantee the quality of business. The locus of most of these laws has been to ensure that the need for businesses and traders to make a profit from consumers does not result in any acts of taking undue advantage of them.

In legal affairs, property law is defined as that area of law that is meant to govern the many forms of ownership and tenancy in the actual property and also in the personal property, within the scope of the common legal system (Wagner, & Wagner, 1994), (Vranken, et al 2011) and (Sprankling, 2012). Civil laws categorize property as movable and immovable. Movable is that personal property while immovables are real estate or real property.

The rapid advancement in information technology has turned the world into a global village. Access to computers and the internet is widespread and individuals can access information that was initially difficult if not impossible to obtain. The numerous internet sites that offer the opportunities for review of information on items meant for sale is a common phenomenon.

It is essential to state that rape has always been a contentious topic in most settings and generations. This specific field arouses different opinions that vary considerably to make the vice, or whatever one holds it to be, one of the societal concerns that have no definitive approach and conception.

Laws are often observed to act as an imperative aspect in the proper functioning of a society and a nation entirely. They are duly considered to be effective guidelines based on which, conflicts and chaos do not seem to occur, resulting in the formation of a well-structured and secured society and a nation.

Continuously developing world and changes in world politics present a variety of challenges in front of the leaders who design foreign policy for their country, as well as for those people as well as who study foreign policy. In the last few decades, there is a drastic change and shift of power in world politics.

The Patient Safeguard and Affordable Care Act (ACA), is the health care law that will transform America. The ACA is comprised of several related sections including; the Patient Protection Act, the Affordable Health Care for America Act, the Health Economic Responsibility Act, the Reconciliation Act, and the Student Aid Act.

Technology is fast catching up with the aviation industry. Drones are unmanned aircraft that are remote controlled by a pilot on the ground. The use of drones has mainly been focused on research as well as specific missions, especially for counterterrorism activities. However, the case is slowly changing with the Federal Aviation Agency (FAA) working towards its commercialization.

Incidences of sentencing discrepancies between minorities and whites even when charged with similar crimes have been rampant for a long time now. In the past, courtrooms in multiple jurisdictions were comprised of white decision-makers a factor that was touted as a possible cause for the discrepancies.

Is President Obama correct? Can more stringent gun control laws actually curb the prevalence of violent crime? The United States National Academy of Sciences conducted an empirical study in 2003 that involved analysis of 253 different journal articles, 99 books and gathered data from 43 different government publications on the issue.

The crime has been a matter of concern for policy makers. Correspondinly, the issue of hate crime has intrigued many scholars to research on the same. In relation to this, the purpose of the study was to explore whether criminal offenses are motivated either or in part by the fact, or perception that a victim is different from the perpetrator.

The changes in the political response regarding crimes and disorders in England and Wales and the intersection with criminological knowledge have been observed in the last twenty years.  The outline of this field can be implied in many ways, it contains a substantial amount of possibilities and barriers in it.

There is a question of whether they will meet the higher purposes and reasons for which prisons were created in the first place. Additionally, there is an issue of whether the standard met by the private prisons are necessary and whether the profits made by private entities running these entities is logical or not. 

Essentially, the creation and proliferation of drug courts, throughout many parts of the United States – including Wisconsin, is ultimate because this particular system of criminal justice, as it relates to drug users, has been widely successful in engaging drug users to become stakeholders and their overall recovery. 

Enron has been acknowledged as a major employer and innovator. Enron’s market capitalization soared from just $2 billion in the middle of the 1980s to about $70 billion at the beginning of 2001. Enron reported a consolidated income of $101 billion in 2000, and it occupied the 7th position among the Fortune 500 list of companies in 2001.

The paper recognizes that the ethical position of these activities is more complicated than the existing law which simply forbids commercial profiteering. The paper, therefore, evaluates various ideas and concepts relating to the philosophical evaluation and analysis of theories through the assessment of absolute and relativist ethics.