European Economic Community directive 85/374 and the UK Consumer Protection Act 1987 are stringent with regard to the product liability in cases involving the safety of products causing death or damages to the customer. The object of this paper to analyze the given commercial liability case and conclude on the advice to be given to the defendant.
The paper shows that Lord Denning’s remarks in the case of Ward v James highlighted the overall judicial reluctance to the removal of trial by jury “let it not be supposed that this court is in any way opposed to trial by jury. It has been the bulwark of our liberties for too long for any of us to seek to alter it”.
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A charity is a special form of deliberate organization. A charitable organization will have a distinct legal structure along with an unusual tax status. In the UK at present, there are around 500,000 voluntary organizations. Out of these charitable organizations, less than 200,000 are registered charitable organizations.
We should not allow blanket amnesty for illegal aliens. Granting them amnesty in effect absolves their illegal actions of residing, working and driving in the United States under false documentation. It rewards large numbers of foreigners who openly break the laws of the U.S. for their deeds by providing them with legal status.
The petitioner was not given a break from the seclusion or from the interrogations, neither was he treats the symptoms which showed very solemn trauma, in November 2002 but instead, he was to be put through another interrogation plan herein referred to as the “First Special Interrogation Plan” from about November 23, 2002, to January 11, 2003.
In the statement “Criminal sanctions endeavor to deter criminals, and civil remedies endeavor to right wrongs,” the significant difference is that while criminal sanctions look to the future, civil remedies considers the past. This is because criminal sanctions used as deterrence focus on the offence that might be committed by the offender or by others in the future.
Based on the studies gathered, there is sufficient evidence to conclude that family problems and social environment are causes of youth delinquency. Family problems like broken homes, abuses and neglect push the child to get the attention they need from their peers. Peers exert pressure on the child, much more if the peer group is a dangerous one.
Legally, a trustee is obligated by some duties and responsibilities to hold the legal title to the trust property which is referred to as fiduciary obligations. A trustee is required by law to legally and morally own the property on behalf of another person and manage it in a transparent, productive and accountable way.
We all understand that the court’s structure is fixed but it does not mean that it cannot be changed with the changing circumstances. In the legal system of the United Kingdom, we may find a clear hierarchy of the court’s structure. Therefore, it is utmost important to know the relationships between the subordinate courts and the superior courts.
This struggle may be a moral one, or it may be a physical one, or it may be both moral and physical; but it must be a struggle. Power concedes nothing without a demand. It never did and it never will.” (Douglass). These words are most applicable in the case of Civil Disobedience where we see an active or voluntary rejection to obey certain laws demand, orders, etc.
The author takes his audience through the beginning of the corporation in form, as well as its legal status. The author then provides terrible tales, which indicate the variety of evils that the corporation has committed on this earth. These evils vary from low income in the third world, oppressing the masses, environmental damage.
In-State v. Martin, 184 Vt. at 27 (2008), the Supreme Court of Vermont held that the DNA sampling is constitutional and accepted the four special needs put forth by the state, namely, prevent criminality; precise identification of those responsible; segregate the innocent suspects; and aid in identifying missing persons.
T-Test was performed to determine any significant difference between the two groups in terms of how responsible the defendant was for the crime and how long a sentence the participants thought he should receive. Probability greater than 0.05 shows there is a chance of more than 5% for the mean of the study group to fall into a null hypothesis.
Generally speaking, the core elements that any successful anti-fraud program should feature include: generating and sustaining a culture of honesty; appraising the risks of fraud and implementing processes, controls, and procedures required to mitigate the risks; and, instituting suitable oversight process.
The responsive regulation model was first established by Ian Ayres and John Braithwaite in their work “Responsive Regulation” in 1992. The regulation strategy is applicable in many areas such as environmental regulations, political regulations, and tax regulations. It is also applicable to other regulations and policies such as trading regulations.
The Times Law Report reported the facts of the case as follows: “On November 2, 1952, Christopher Craig, aged 16, armed with a knife, a revolver and ammunition, and Bentley, aged 19, who had a knife and a knuckle-duster, went on a warehouse-breaking expedition. At about 9.15 pm they were observed climbing into warehouse premises in Croydon.
Situational crime theories may serve to explain the proliferation of crime. There has however been a decline in crime rates in recent years, but this may not be significant because the same phenomenon is also replicated across the country. Juvenile crime rates in Arizona have however declined more than the rest of the nation.
Imprisonment may not be the best approach to the concept of child crime. This is because as a society, we want our children to be safe. We also wish to see our children being safe and protected. It is the wish of every parent to see his/her children achieve their dreams as they establish other targets.
Based on the latest criminal report in England and Wales (2007/2008), the overall British Crime Survey (BCS) reported crime has significantly decreased since 1996. Even though the number of domestic burglaries and personal theft remained stable, the total reported criminal cases related to domestic, stranger and acquaintance violence.
In this new era, number of unreported crimes is rising at a drastic rate. All crimes, which are happening in our society, are not reported or recorded by the police and these types of crimes are termed by criminologists and sociologists as the Dark Figure of Crime. The British Crime Survey (BCS) provides an insight to this huge amount of unreported crimes.
Not all errors are negligent in medicine because doctors are expected to make mistakes during the course of their careers. While malpractice suits attach liability when doctors depart from the ordinary level of care expected of their peers, exactly how juries evaluate manifest errors remains unclear.
The Employment Tribunal System, with all its shortcomings, has done yeoman service to the cause of workers. For the grievance concerning a single employee, the possibility of entire workforce of an establishment going on a strike was commonplace. When such strikes happen in large organizations, productivity will suffer and the common man will be put to lots of inconveniences.
Defendants Julie Burchill and Times Newspapers Ltd. brought this appeal before the Court. The respondent of the appeal is Steven Berkoff. The original action for damages for libel, in this case, was brought by Steven Berkoff, an actor, director, and writer who is well known for his work on stage, screen and television against defendants Julie Burchill, journalist and writer.
Cases related to racial discrimination has now become a major problem globally. Various kinds of discrimination can be noticed in places of work, the court of appeals and sports among others. Discrimination is majorly based on sex, social class, skin color and level of education. On the theme of African-Americans, most incidences have come up between the two creating gaps between them.
Various changes have taken place in English Law with reference to insanity liability. The first change is the expertise in psychiatric health that has led to an improvement in treatment modalities for clients suffering from mental illnesses. This has led to the inculcation of the equal protection clause and due process in the treatment of the defendant.
Lord Millet held that there was no need of having different rules in equity and at common law and that although the rules are different, the court should not create further differences in the two regimes. However, I do hold that comparing the two systems, a clear difference must be seen since the two concentrates on different issues.
The Act protects Lauren and the children and ensures that they are able to go back to their previous living arrangements. The Act thus works to protect not just the interest of the bread earner but also the victims of domestic violence and can be used to alleviate the situation and especially protect the interests of the vulnerable members.
Matt worked in the Waterloo branch of Big Bank Plc. In June 2013, Matt revealed the security codes of the main safes in the bank to a group of bodybuilders he knew at his local gym. The next day, while Matt was at work, the bodybuilders proceeded to rob the bank. At the time of the robbery, Matt pretended to be an innocent victim.
There is never a perfect solution to any problem. Solutions are always optimal. When certain measures are taken to eradicate a certain evil from society, some consequences are bound to take place that may not be pleasing for certain members of society. However, the imperfection of a solution does not render it incorrect.
Generally speaking, the death occurred in a manner that both of the parties would have reasonably prevented. The mother would have been more watchful of the son whilst Brian, on noticing the risk would have raised a warning. Brian was thus careless on the matter and would have had some prior precautions.
In general, Hart would conclude that Arthur acted in what he believed a moral fashion by breaking a law while the judge, jury and executioner acted immorally by upholding that law. At least, that is the case if Arthur’s aim of civil disobedience was to change the law instead of just trying to circumvent it.
The lurking doubt test is still an applicable test in appeals, and should not be abolished since it avoids a miscarriage of justice. Criminal Law tenets indicate that each member of the appellate court has the jurisdiction to decide the fate of the appellant in the case, an issue that gives rise to the lurking doubt test.
Given a choice, the ship-owner would rather flag in his own country, provided that such a move would not occasion unnecessary litigations in courts. In other words, the best choice to the flag is through open registry system, either through a bareboat charter or any other option that is friendly to the investor.
The idea of maintaining confidence and trustworthiness in banks is imperative for the maintenance and protection of customers’ secrets. Specifically, confidentiality is groups of promises or rules that either limit access or impose restrictions on certain categories of information. It is thus a foundation stone of the bank-customer relations.
In the words of Assistant Chief Constable, Patricia Gallan, “It’s now a matter for the courts and we will await the outcome of future trials.”(Associated Press, 2008). The anonymity and privacy of the teenager convicted in the shooting, as well as other teens who assisted him, is being preserved and after the recent hearings, they were remanded into custody.
Workplace safety generally refers to the protection of employees while they are on job. Workplace safety has been one of the major concerns for employees, as well as for managers. Almost every country has made significant laws to improve and ensure workplace safety because of increased concerns of media personnel, employees, and public about this issue.
In general, Larkins (2011) argued that despite the largely free movement of EU citizens within the jurisdiction of the supranational body, member states have established transitional regimes, which enable their citizens to enjoy limited access to employment opportunities in other foreign states under EU.
Ethics and laws are applicable in various archaeological practices such as sourcing of materials, conservation and restoration, intellectual property, the behaviour of art-market organizations, collecting and ownership of the art. The provenance issues include the ethics of illicit archaeological excavation and the export of antiquities.
The drafting of the LRA 2002 retains some of the core provisions of the 1925 Land Registration Act, which effectively creates a dual system of protection of overriding interests. The reality of the LRA provisions highlights a missed opportunity in relation to addressing the “crack in the mirror” caused by overriding interests in registered land.
In ethics, it consists of practical universal judgments which man himself elicits. (source: Black's Law Dictionary, Sixth Edition ). It is based on the principle that ‘ lex jnjusta non est lex’ - ‘law which is not moral is not law at all ’. The term ‘ Jurisprudence’ is derived from the Latin term ‘ juris prudentia’, which means "the study, knowledge, or science of law".
In recent years, abortion politic issue is on the top agenda between the lawmakers in the United Kingdom, which as a result pressed the Conservative to put them involved over the issue. Though there is a law that legalized, once the Health Minister in the country, during the Liam Fox, in 2001, had called for alternatives to abortion legalization in the UK, if it cannot entirely be abolished.
The death penalty is a controversial legal issue in the USA that has existed for decades. The society members have different perspectives over the issue, but the majority based on research still support it. The U.S constitution and federal government support capital punishment, but leaves complete autonomy for individual states to practice or not.
Businesses, hospitals, physicians, homeowners, etc., all find themselves under an umbrella of fear wondering when and if they will be taken to court even though they have not been negligent or complicit in causing harm to anyone. Small businesses are the most vulnerable. They are the most susceptible to frivolous lawsuits.
The First Amendment effectively guarantees free speech, freedom of the press and religion. Freedom of the press is an extension to the freedom of speech concept. A free press is essential to the idea of democracy and has been accurately described as the ‘Fourth Estate’ of government. As the three branches of government act to check and balance each other, the press watches over them all.
A nation without borders is not a nation and this country has been losing control of the borders for many decades, losing prosperity, security, and autonomy along with them. One of the most important issues of the White House and Congress should be securing the borders, but homeland security is all but non-existent.
The author states that the intellectual system tries to promote a situation in which originality and improvement succeed within a given society by uncovering the actual position between innovators’ interests and the general public concern. However, there have been debates on the issues of intellectual property based on technological ethical issues.
There are 14 Courts of Appeal in Texas, with 80 Justices. The role of these courts is to provide hearing based on inter-mediate appeals related to criminal and civil cases. Approximately 95% of appeal cases usually end at this point owing to the fact the Supreme Court and the Courts of Criminal Appeals tend to determine the specific cases they handle.
Child soldiers are not part of mainly the official armies of nations but are rather recruited on a regular basis by armed political groups who need fresh blood and energetic individuals at a very rapid rate. The numbers of recruits are in tens and thousands and their recruitments are both legal and forcible. As a part of their training, these poor recruits are subject to all kinds of non-ethical behaviors.
This discussion talks that the drop in figures is in a large measure due to changes in laws and rules governing incarceration of children and young adults. Community sentences have replaced jail terms and the approach to the conviction of children and young adults is tied up with their rehabilitation and welfare in the long run.
The author states that gun violence, sexual offense, cyber crimes etc are some of the major criminal activities done by the juveniles. Lack of parental control, drug and alcohol addiction, the influence of media etc are some of the major reasons for the increasing juvenile crimes cited by the sociologists.