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American oil companies are therefore required to be sensitive to environmental and social factors that are related to human rights. And due to the inherent nature of the petroleum industry, there is a strong need to ensure that extra effort is made to prevent human rights abuses by these American companies.
The right to due process under the law and rule of law are legal principles highly valued worldwide by freedom-loving peoples like the United States of America. They are important principles that people in a democracy have fought since time immemorial in democratic states. Those charged as criminals are presumed innocent.
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R v Dixon Q.1. What were the material facts in the case? Answer: The material fact of the case is that Jack Michael Dixon was booked on the charges of misuse of personal data of the national police computer / attempted misuse of personal data of police computer.
Criminal activities are increasing around the globe. These activities pose a great danger to the well-being of loyal citizens, leading to massive death in most countries in the world. Recently, one suspect Doe was arrested and remanded for planning to use dangerous weapons such as grenades to cause havoc in a shopping mall in rock II which is about ninety miles from Chicago.
Why Islamic Financial Institutions Need Improved Corporate Governance Legal Framework. Islamic financial institutions have been feeling the effects of the recent global financial crisis. For instance, the Ihlas Finance House located in Turkey, the Islamic Bank of South Africa and the Islamic Investment Companies in Egypt have suffered closures.
Sexual relationship is widely considered as an inevitable part of human life and with the rapidly growing complexities in the outer world configuration, this most private manifestation of human life is also witnessing transition which evidently provides a disclaimer to gender hierarchies and national identities.
This essay discusses that one of the established exceptions to the requirements of a warrant and probable cause in a search is that such search was conducted with the consent of the accused. However, such consent must not be coerced by implied threat or covert force, either by explicit or implicit means.
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The protesting people were simply victims of poverty and they expressed their anger against the growing inequality in Britain. Throughout England, it caused disruptions in work and created immense disturbances. Although common people have shown sympathy for the protestors the justice system of the Nation has appealed for their punishment.
Comparative Environmental Law on Oil Spills
There has been increasing public concern over oil spills in the recent years. Contemporary environment is facing many challenges regarding different forms of pollution. It is undisputable that oil pollution resulting from oil spillages is a significant threat to both aquatic and non-aquatic life either directly of indirectly.
The researcher explains that multi corporate entities (MCEs) are those organisations which possess or control revenues and assets in more than one nation. MCEs establish their global business by foreign direct investment (FDI). FDI signifies the physical addition of operations and the venture of equity capitals.
Arbitration has allowed for contracts to be engaged across borders, letting corporations conduct business on a global level. While engaging in business within a country is based on the laws of the country in which the business is conducted, when borders are to be crossed the nation under which the law is enforced becomes a more difficult prospect.
The main question for Contemporary Caravans Ltd with respect to Nathan Noble, Ideal Homes and Homeward Abound is whether or not the offer and acceptance were complete to such an extent that valid and binding contracts were formed. As for Right On Residences, the legal issue for determination is whether or not Contemporary Caravan is at liberty to unilaterally vary the terms of the contract under the doctrine of promissory estoppel.
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According to the paper, the laws, pertaining to the intellectual property protection, can be observed to encourage innovation in the developed economies. On the other hand, it is likely to create negative impacts on the dependent developing economies due to the effect of globalization and international trade relations.
This essay discusses that concerted activity is any activity by individual workers who are united in an effort to further a common concern in regard to any term or condition of employment. One of the key determinants of concernment of a worker’s activity is that the action must be engaged in with or on the authority of other employees.
Would Islamic Finance have Prevented the Current Global Financial Crisis? Islamic financial institutions in the Gulf Corporate Council (GCC) states performed relatively well during the global economic crisis of 2008-2009.1 The successful performance of Islamic financial institutions in the GCC states is attributed to sustained growth, a conservative prudential regulatory framework and the implementation of fundamental Islamic ideology.2 It has been argued that the primary cause of the 2008-2009 global financial crisis was a lack of discipline in the market which essentially gave way to high risk behaviour culminating in a crisis of unprecedented proportions.
This paper shall now discuss the effectiveness of the instruments used to promote corporate social responsibility (CSR) in the UK and in the international banking sector. Those who have been defending the voluntary approach to CSR have pointed out that banks have to prescribe new self-regulatory rules.
The author states that in a sale of contract, not only explicit conditions will have to be taken into account but also implicit conditions arising out of such contract will also be taken into account by a court. Conditions or terms of a contract may be either express, i.e. either orally introduced or written.
It is essential to state that we do not need another book for the constitutional revolution of the 1930s. The history of that happening has been invested a couple of times from different perspectives, and there is so much that is universally agreed that it is unlikely that new things and ideas will emerge.
Money laundering and corruption are crimes that attract hefty penalties and jail times in many countries today. Money laundering involves the legitimization of illegally gotten money through the use of legitimate avenues. Many governments have ratified the UN conventions that are aimed at controlling the proliferation of money laundering practices.
Contracts form the bulwark of communication, understanding and conducting business between two entities: individuals, or Business Corporations. Parties to a contract need to be very sure of the requirements of the contract and their stake in the endeavour, otherwise, they stand to lose financially extensively.
The author of the paper argues in a well-organized manner that in a contractual relationship, the responsibility imposed by law is in the direction of the other party, by whom there is a privity of agreement. In tort, the responsibility lies in the direction of the members of the public or the world at large, with whom there is no requirement for any contract.
The intentions of this study are two chief mechanisms for ensuring the compliance of the Member States with fundamental rights and European law. The first of these are the infringement proceedings available under Article 258 of the Treaty on the Functioning of the European Union. The second device available relates to the European Court, where the proceedings initiated by the Commission could finally be taken up.
The research demonstrates a test table that has been used to differentiate ideally between these two categories of workforce in UK was devised by the courts systems. According to the table, the courts attempted to identify the dependency level of the person to the employer. This was deemed important in identifying the individuals that were reliable for the provisions that are as stated in the employment law statutes.
From the research it is clear that the various available ranges of takeover defense strategies and the deal protection measures, and their legal applicability provides the US board of directors of target firms the power to yield control over each takeover deal and aim to derive higher premiums for the firm’s shareholders when compared to their UK counterparts.
The proceeding that has been taken by the courts as a result of the charge is also termed litigation (Collins English Dictionary, 2011). However, in business contexts, litigation is defined as an action or charge brought in a court of law to enforce a particular and specific right. Litigation is also defined as a process by which the case is taken to a court.
Based on international laws, particularly the Montevideo Convention, the elements of a state are: population, territory, government, and the capacity to enter into relations with other states . This is the current standard which is being recognized by international laws on the recognition of statehood.
Other practical tips were offered by Trust UK to protect the general public that uses the internet for commercial purposes. One of which is the use of credit cards, large credit card companies have internal checks to prevent fraud. It is best not to send financial details over the internet unless the website has been confirmed to be authentic.
USA vs. Nixon case in fact created a history in terms of discretionary power of the President of the United States of America. The larger bench which comprised of 8 judges of the apex court led by Chief Justice Warren E. Burger unanimously held the then President Nixon responsible for Watergate scam and restricted the unbridled power of the President of America (Kutler 508).
The risk of loss rules determines whether the seller may still recover for the price of the goods or whether the buyer must pay for the goods and take delivery, despite the fact that the goods are totally destroyed.
China has one of the oldest legal institutions in the world and has created its legal system using a combination of traditional Chinese and Western approaches during the 20th and 21st century. Confucian philosophy has been the base of China’s legal system.
Bias in hiring, termination, promotions and compensation in organizations are highly discouraged by the laws on discrimination in employment. The employees need to abide by the regulations of the company to live a purposeful life in their employment without conflicting with the employers or the top management. Grenville Jenkins is discriminated against.
Supreme Coffee Limited should be compensated for the damaged as well as the lost coffee cases. This is in relation to Article 1.2.2, Article 1.2.3, and Article 1.3 of Institute Cargo Clauses. It should claim for the damaged goods from the insurance company. The company should be confident that, Article 1.3 of Institute Cargo Clauses is applicable.
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.
The globalization of banking markets has led to vital issues pertaining to corporate governance regulation for banking institutions, as a way of enhancing business activities and safeguarding the customers’ interests. Bank regulation incorporates detailed regulations and guiding principles overriding the operations, activities and acquisitions of the banking organizations.
The Jurisprudence of Islamic questions normally concerns what they call the next world, which are rules that concern the world of worship. These rules are divided into punishments, domestic relations, and obligations. However, Allah is said to have declared the continuity of the world to the appointed time, which can only be possible by procreation
Based on the constant disruption tea partiers cause in congressional office buildings and the capitol, it is unlawful for any individual within a hundred feet of any congressional office building in addition to the Capital Building to advance a representative within eight feet to pass any kind of pamphlet.
Why is the conviction rate for rape so low in the United Kingdom? Rape is an infamously difficult crime to investigate for a number of reasons. Perhaps the main reason is that there is often little or no physical evidence, as there are in other crimes, leading to a situation where the trial is essentially reliant on the word of two separate individuals.
In the UK, there are about twenty-five environmental statutes specifically providing for initiating action against officers with regard to about 175 separate punishable offences under UK’s environmental law, which may be perpetrated by the companies. In the UK, environmental offences will fall under the category of strict liability offences.
Arrigo and Milovanovic (2009, p. 9) state, “Traditional phenology refers to the systematic study of penal systems, including consideration of their abolition”. In this paper, we will discuss different issues related to penologies, such as crime and punishment, correctional system, crime prevention and criminal justice system in order to get a deep understanding of penology.
In a desperate attempt to bridge budget deficits, federal and state legislatures have aimed their taxing powers toward something more socially pernicious and sinister: sumptuary taxes. Sumptuary tax, also known as a sin tax, is a form of taxation that imposes an additional charge on culturally disfavored products such as cigarettes, liquor, and gambling.
A basic example to draw an image that will further explain my point of view is that normally, when someone is out for shopping a Dollar Store he will not ever be arrested. Whereas, if you are really poor and you are really on the streets because you are poor and you have nowhere else to go, you will be strictly advised to shun basic and biological essentials of life.
The wrongs committed to innocent people vary from trivial to serious matters. Therefore, the purpose of justice is to find a middle ground with the aim of building consensus on both the less sensitive and more sensitive issues in a fair way (William, 2011). The federal government has established various departments and structures.
The increasing population of the world has caused an increase in crime rates leading to large correctional staff, severe punishments, and expansion in prison and jail systems. The United States of America being one of the largest countries in the world faces the same problem. The measures to control the criminals should also increase.
The author describes that Timothy Evans, an illiterate but an able driver with mental instability made an unprovoked visit to Merthyr Police Station on 30 November 1949 and voluntarily confessed to having disposed of his wife’s body down a drain outside his home at 10 Rillington Place, North London.
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This research would explore some of the reasons that support or oppose the question as to whether poverty leads to crime. The paper would aim at answering a hypothesis that states that there is no significant relationship between the poverty and crime. It would also aims at answering an alternative hypothesis that states that poverty creates a volatile and favorable environment for poverty.
This paper will critically analyse the different aspects of the corporate governance practices in the UK and will compare them with those of other countries. The concept of corporate governance underwent tremendous changes over the last few decades, especially after the emergence of globalisation and associated industrialization.
Dispute Resolution and “The Merchant of Venice”.
Shakespearean literature has been long commended by scholars for its incorporation of legal discourse into its plot structures that further paves way for interdisciplinary study of law. Practically all of Shakespearean texts are known to have tangential relation and relevance to legal practice; however, the substance of this prose will focus on the plot structure of “The Merchant of Venice” and assess the dispute resolution tactics that could have been effective in dealing with the conflict.
Moreover the WTO’s Most Favoured Nation (MFN) doctrine has enabled developing countries to gain access to some sectors in other WTO countries without having to reciprocate. Even so the reduction of tariffs and non-tariff trade barriers in some sectors that are of significant interest to developing countries have been insignificant.
Generally, managerial accountability is the same, however, due to two things – either manager are not accountable to shareholders, because there basically aren’t any shareholders, as is the case in developing countries; or managers are not accountable to shareholders because of shareholder apathy.
In The Merchant of Venice, the parties to litigation are in high conflict. One of the parties, Shylock, requires no less than the death of the other, Antonio. There are a variety of reasons for this animosity, but the fact remains that Shylock is not negotiating from a reasonable position. This paper will examine the three modes of settling a dispute – negotiation, mediation and litigation.