Law Essays

In Coco’s case, Megarry J viewed that just “petty tittle gossip “would not be safeguarded as a trade secret. Further, Cornish is of the view that the courts might not be prepared to safeguard the material that has only been associated with minimal intellectual initiatives, where the material may not be eligible for copyright protection.

The agreement seems prejudiced against developing nations. The high cost of motivating developed country Members to invest in developing countries is itself an actionable subsidy and this cost is negligible in the context of incentives given to less developing countries. Developing countries should request for extension in time.

In the case Morison v Moat [1851] 9 Hare 492, the court held that Moat was guilty of breach of confidence as Morison satisfied all the three criteria for breach of confidence. Morison International invented ‘Morison Universal Medicine’ and granted the marketing and selling license of the medicine to Moat senior.

The arbitration clause designates the geographic platform for arbitration as well as chooses the law that will be followed to resolve the dispute. The initial clause is the arbitration clause whereas, the clause that designates the forum of arbitration is called the forum clause, and the clause is called as a choice-law clause.

It is recommended that the courtroom identifies and applies the most effective strategies for curbing the problem of jury misuse of the internet. This will prevent the possibility of a mistrial that results from jury opinions and court verdicts that are based on online information that is usually from less credible and nonauthoritative sources.

An ideal state or territory is considered to be where people live an organized life; violence is avoided; the environment remains subtle and calm; people are at peace; and the crime rate hardly even affects the society.

The aim of this paper is to explore the effects of incarceration on the family of those who are incarcerated. These effects are various and severe.  They should not be hidden behind a veil of social indignation and emotional reaction in which law-abiding citizens demand revenge, punishment, justice, and social sanction for those whose arrest and trial indicate that they are not law-abiding.

This is a report on correction management that seeks to identify, analyze and recommend solutions to issues facing the Mermon Correctional Facility. The correctional facility faced a problem in the year 2010 and a number of issues have emerged in relation to the management of the facility.

Generally, despite promoting access to finance for the poor, microfinance is not fully effective in alleviating poverty. Microfinance has achieved the distinction of being an invaluable advance in financial markets. Nevertheless, the extent of its influence in mitigating poverty is difficult to assess.

The European Convention on Human Rights constrains how the government of the UK may legitimately expel immigrants from the UK. Article 45 of the Consolidated Version of the Treaty on the Functioning of the European Union dictates that EU workers in the Member States shall have the right to free movement within the EU.

Section 76(2) of PACE basically provides that a confession statement may not be admitted into evidence unless the prosecution proves beyond a reasonable doubt that the statement was not obtained by oppression or as a result of “anything said or done” which likely “in the circumstances existing at the time” may render the confession “unreliable”.    

the US maintained the option of preemptive strike to counter sufficient forces of a threat to their national security. The idea is that the greater the threat, the greater the risk of inaction, and the more compelling the case for taking anticipatory action to defend, even if uncertainty remains as to the time and place of the enemy’s attack.

Corporate behavior is under increasing scrutiny as members of the public look for and demands social responsibility and values. Corporate branding and corporate reputation are significant for communicating corporate social behavior and social values. CSR activism has emerged to challenge corporate branding by putting pressure on corporations.

A director is a person who is appointed to execute the day to day management concerns of a company. It is a prerequisite that any public company must have at least two main directors and a private company in the other hand must have at least one director.

Knowledge of constituent aspects is important as it ensures the success of the respective events. London National Wedding Show is an event of great national importance. Through this, organizers are able to explore the social, economic and cultural aspects of the society.

The defenses available for this offense include justification/truth if the defendant can show that his statement was substantially true, fair comment merely expressing a truly held opinion that is a matter of public interest, unintentional defamation which can be retracted, and innocent dissemination. 

UK courts interpret the article based on the Convention and its domestic laws relating to asylum seekers and refugees. There is a common ground in the view that the UK does not have an explicit acknowledgement of socio-economic rights. The lack of clear recognition of these rights by UK law has made the interpretation of the article more limited.

Planning processes in many countries including the UK operate as administrative systems. The planning organizations and agencies responsible for management of natural and built environment agree on programmes and policies that instigate change, prepare for development and promote sites.

The author of the paper states that in these modern days characterized by technology driven market place, there are many negotiations, and structuring a number of agreements for ringtones, digital downloading, digital content, P2P distribution, aggregations, web casting, and forms of API licensing.

The massive oil reserves of Polenskya is a clear example, and the following section highlights the facts on the ground with respect to Polenskya and issues touching the actions to be undertaken by Atlantic Oil Company-as the interested investor.

Marshall whose motorbike hit Scott’s car sustained injuries that included a broken leg, a broken nose, and whiplash. He also lost two teeth. As a result, he claims damages for personal injury against Mr. Scott. When the accident occurred, Mr. Scott was holding a telephone conversation while driving.

The death penalty, or capital punishment, is the act of granting the state power to execute an individual convicted of certain crimes. Deterrence is the idea that the example of punishing one crime can prevent future commission of crimes by the criminal or other would-be criminals (Melusky & Pesto, p. 109).

The part sheds light on some of the main issues and mentions the consequences of these issues. The issues include sexual abuse, wrong methods of therapy, undue punishments given by the legal system due to public pressure, the ill execution of the grievance reporting procedures, and the confinement of juveniles in adult prisons.

The author states that the rights and interest of cohabiting couples and their offspring are no less than those enjoyed by married and civil partners however these rights are not found in the family law. The lack or exclusion of cohabitation relationship in the coverage of family laws should not be regarded as discriminatory.

The situation affirmed regardless of claims by the husband that his poor health barred his perceptive of the cost of his actions, where a transcript of the settlement indicated the husband was an active participant in the mediation counsel represented him, and there lacked evidence to show he was in pain or else debilitated through the mediation process.

For instance, the labor laws and social networking experts have recommended the setting up of policies governing the use of such sites with a clear guideline on what constitutes acceptable or unacceptable use of social media sites so that employees are put on notice of what is expected of them when it comes using social sites.

This has significant implications for the various stakeholders that are affected in different ways by the respective trends. Over time, firms, nations, and states find it difficult to maintain an upward growth in economic development. This is because of the negative effects that are associated with frequent changes in the financial markets.

WORLDCOM ACCOUNTING FRAUD. WorldCom is a telecommunication giant in the US telecommunication industry. Faced with the slowdown in the telecommunication industry, WorldCom began to realize a decline in their stocks. This placed the company management under pressure to improve their financial performance in the highly competitive industry.

The issue is who has the right to file the application and claim inventorship for this particular invention. Is the issue regarding the patentability of the invention (as the Senior Professor from the University of Westshire has said that the drug may have not passed the non-obviousness test). These are 2 separate issues and need to be handled separately.

Sports have been known because of this universality factor and the effect it has on participants. However, in contemporary times there has been an eminent shift from the social aspect to the business aspect of sports. Sports have emerged as one of the most lucrative ventures not only for participants but for people who own different teams.

Nevertheless, this case laid the ground for proving a libel. In this regards, there are several ways for proving that a label actually took place. In the case of the United States, for example, a person must first prove that the statement was false. After proving this, the person must go ahead and prove that the statement actually caused harm.  

The key characteristics of the UK law in regard to the protection of the interests of minorities are described in the study of Mitchell (1994); according to Mitchell, the UK law can be characterized as more effective, compared to the US or Australian law, in regard to the protection provided to minority shareholders.

Generally speaking, although each corporation still remains its unique, country-specific characteristics of corporate governance, the impact of globalization gradually becomes significant on all corporations. This paper discusses how globalization brings about changes to corporate governance in East Asia.

Lenders may insist on security over the company’s assets either in whole or in part. This may be conducted by virtue of a fixed charge or a floating charge. A fixed charge is attached to specific assets and when an “event occurs” the charge crystalize. In other words, loans will be made based on security against a specific asset.

The Organization of Petroleum Exporting Countries (OPEC) is a global organization that comprises 11 participating countries which are known to be the largest oil-producing nations in the world. The Organization of the Petroleum Exporting Countries (OPEC) has been established as an intergovernmental organization.

When it comes to sharing of information between agencies in preventing and detecting child sexual abuse offenses, it has not been an easy road.  Thus, in Australia just like UK privacy laws mostly impede communication and cooperation involving government child welfare agencies, and non-government organizations to work effectively. 

Antitrust laws are body of governing principles that seek to enhance favorable business environment through promoting fair competition as well as protecting consumers in addition to wronged competitor businesses against anti-competitive practices within the business environment.

The essay tells about dilemmas with which law enforcers encounter in their daily operations and execution of duties. The available literature on the issue categorizes law enforcement dilemma into three categories that include discretion, duties, and expectations. The literature also indicates that available literature for law enforcers lacks critical link between theoretical aspects of dilemma and reality

The effectiveness and appropriateness of mediation is that it gives individual parties chances to express themselves with assurance of maintaining confidentiality of the views. Mediation also ensure protection of human rights as the process provides an open ground for free expression of opinions as to the way forward out of the conflict faced.

The law is clear on the required procedure to be followed in handling personal injury claims. The solicitors of both parties can agree on the nature and amount of compensation to be made and the case is settled out of court. The essence of this alternative dispute resolution mechanism is time and cost-saving.

There has been a failure to consider the deportation of foreign prisoners who are held under terrorism charges which illustrated an obvious necessity to overhaul the HRA. It is to be observed that HRA has created a scenario where it was deemed that all public bodies in the UK would adhere to the Convention and offered the power to the UK courts to hear challenges to any infringement.

Under Australia's common law, a lease that is in perpetuity like in the present case is void because Amos has not fixed the duration of the lease with certainty. Amos should fix the duration of the lease term with certainty; it is not adequate to set the duration by reference to a future event. The common law and statutory covenants apply in case various matters arise.

Stability and systemic risks waiver thresholds as of now seem to be way below reasonable threat to such valuable conceptions. The directive seems to have targeted lower levels of regulation. From a Union’s perspective, the directive provided a license for doing business in the entire Eurozone for credit providers.

International Competition laws safeguard the welfare of consumers by encouraging innovations, variety, and an increase in output of production. This paper will offer advice to the Minister of Trade and Industry of Greek on the proposed plans of the Greek Postal office on reinforcing the monopoly of traditional mail service and nationalizing the electronic mail service.

New and innovative products are the lifeblood of business entities or organizations. It has become a sound corporate policy or business strategy to come up with contemporary or modern products—consumer or technology—to increase their bottom line and ultimately, eliminate their competition if not corner a substantial segment of the market.

The paper looks into the correlation between crime and gender. The paper further looks into the aspect of rape and assumptions on the subject about gender and sexuality1. The generally accepted view is that that criminality and crime are the area of the male; the belief is that men are further possibly than women to be both the victims and perpetrators of a broad variety of criminal’s actions2.

The conflicts resulting from the imbalance when it comes to the powers vested to the different branches of the government in most cases call for the intervention of the Supreme Court. The coequal and separate government branches in question include the Executive and the Congress.

Discharge of a contract refers to the process by which the primary obligations of the parties would come to an end.  When discharge by breach occurs it would give to secondary obligations in the form of payment of damages.  When the discharge occurs by performance the need to complete secondary obligations would be absent as the primary obligations of the contract are completed.

Renewable energy is also seen as a perfect example in fighting global warming. These sources of energy do not emit carbon monoxide into the air thus affecting the ozone layer. Further, renewable sources of energy are sustainable; they can be used for several years without being depleted.

Since wars and conflicts have ravaged many countries and societies, refugees or displaced individuals have been seeking asylum from various states and from the international organizations. The fate of these refugees has always been dependent on the state where asylum has been sought.