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The Germans have two objections. One is that Nic is a Bulgarian national. The other is that he has not been accepted to any job in Germany at the time of his attempt at entry. There are two sets of laws applicable here, both relating to freedom of movement of persons within the European Union.
The key legal issue identified is in the case scenario concentrates on whether the actions of Anna and Susanna were focused on yielding personal benefits or the company’s interest. A company’s management is generally administered by the provisions of Corporations Law under Section 134 which applies to companies as ‘replaceable laws’ by the constitution.
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Indeed, justice would also be denied to those who deserve it and the law will be in the hands of a few people. It is for the sake of all these factors that the need to preserve the continued existence of the police force and their duties thereof is an important segment of society.
Those who play consign bets on credit card accounts to pay for the winner when playing the game. There are various activities of Internet gambling, but the most common is online casinos, which features available games in casinos. The operators of this business are supposed to obtain licenses in order to conduct their business.
With respect to contract law, two conflicting policies are consumer-welfarism and market individualism. In view of the courts’ intervention in regaining normalcy in unfair practices, market fair dealings and contractual terms may face difficulties with the appropriateness of the interpretations thereon.
In case of breach of contract, the law enforces the agreement. This is on condition that the terms of the contract are fair to the consumer. Domestic consumers of financial services need protection against losses. A bank can become bankrupt and this leads to the customers served by the institution suffering losses.
When a foreign government is directly involved in a jurisdiction lawsuit, one of three main defenses may be available to it or to a private defendant; ‘Act of state’, ‘sovereign immunity’, or ‘sovereign compulsion’. These defenses have led to conflicts hindering foreign relations resulting in the passing of blocking statutes in some states by some nations, for instance, England, France, Canada, and Australia.
The trustee in a discretionary trust to whom the legal ownership of trust property is not only vested with but also has a dispositive discretion. A trustee under discretionary trust has the authority to decide the exact value of the benefit which the beneficiary is entitled to receive or even to decide whether to negate their entitlement.
It was a dialogue of Caroline, one of the characters in Pride and Prejudice. She tries her best to attract Mr. Darcy’s attention but Darcy is not showing any interest in her. The protagonist Elizabeth Bennett was her arch-rival, because of Darcy’s attraction toward Elizabeth. She was very eager to marry Mr. Darcy as he was the landowner and one of the wealthiest persons.
There are many types of contracts signed by individuals and companies (Cheeseman 48). These contracts include different processes that must be followed in order for a contact to be fully executed. One of these processes is offer and acceptance.
The court’s ruling may lead to different interpretations of the judgment and it may raise more questions about the justice system. To avoid such conflicts after judgments, the courts ensure that they make judgments that can be backed up with factual scripts on the law.
The public servants can be sued in the courts of law for giving wrongful information and causing suffering and distress to their clients. However, they receive protection from the law when carrying out constitutional duties such as protecting the children. To provide better health and safety services to the children require all stakeholders to work together according to the laid down policies.
Generally, the UK is known to have unwritten constitutions like in the USA and Germany. However, much of the law passed in parliament is always in writing. This type of law is known as statue law. The principle or policy of the UK’s parliamentary sovereignty is frequently presented to be a unique legal arrangement with no parallels in the comparative constitutional law.
Corruption is an economic crime that entails abuse of public office. This is because it involves the breaching of one’s duty. Moreover, corruption has been linked with money laundering. This is because money laundering entails concealing funds that have been generated through illegal means.
In other instances, most states in the US will declare assault or battery shall have been committed in a gracious manner if an individual or group causes severe injury to the others or the individual or group causes severe injury using a fatal weapon or deadly weapon. Throughout, the law treated the threat of physical injury as assault while the battery was considered the complete contact to cause harm.
Employee and independent contractor are terms used in the contract of employment. An employee is a person who gives service in place of another in exchange for a salary. Independent contractors resemble employee’s contracts but extend service to another.
The liabilities imposed on the spouses in the matrimonial system were intended to accord support to the members of the family. To accomplish this aim, the courts made judgments that fundamentally relied on fairness and equality, while deciding financial matters.
Thus, trusts can arise under any circumstances apart from the “conscious creation of it by the settlor, which are legally significant but are not however exhaustive and hence not specified to come within a definition. An example of the conscious creation of a trust can be illustrated as follows.
The parliament has legislative supremacy and hence ultimate power over all political bodies in the UK. In addition, the parliament has two divisions including the upper house or the house of lords and the lower house or the house of the Commons.
While many consider the submission of cases to the courts for resolution as the most effective way to resolve a dispute, it is undeniable that arbitration is currently gaining popularity in the country in view of the capacity of the United Arab Emirates to establish itself as a regional hub for international business (Price & Al Tamimi).
Classical law has also had an imperative role to play in the governing of people. It is important to have an understanding of contract law from how it was formed, its principles, and the various phases that it has gone through to get where it is currently and this helps in appreciating the decree and consequently the constitution as a whole.
Judiciary has been allowed to use its own intellect and decide whether guilty or not guilty. Over the years, there have been many threats to this independence when questions were raised on the reasons that the judiciary is liable to give while making verdicts. This was included in the politics about the role of the judiciary.
In this case, the main question to attend to was as to whether the claimants were actually workers, by taking into consideration the already existing regulations such as the 1998 working time regulation (WTR) and the 1999 national minimum wage regulation (NMWR).
The current immigration regime mandates that unauthorized entrants who are intercepted at sea are typically detained at Christmas Island and other offshore locations while their statuses are investigated. In the meantime, the Migration Act 1958 and its subsequent amendments increasingly limited the courts’ oversight of immigrant and refugee statuses of detainees.
Megan has a right to claim for financial relief. Due to the fact that they can’t agree on the matter, there is a need for the court to step in and decide on the amount of spousal support based on conditions established by the law.
This right represents entitlements of an individual or group visa-vis the government, in addition to the responsibilities of an individual and authorities in the government. This kind of rights is ascribed "naturally, “meaning that they should not be denied. Usually, these rights are advanced as legal rights in most constitutions and are secured by the rule of law.
LV had argued that Google acted illegally in allowing other entities to bid for and utilize as key words its brand names when triggering ads on their websites. The case was viewed as critical to the search engine’s business model that had been built around the system. The ECJ also added that the Cour de Cassation, France’s highest court would have finality on other cases, case-by-case.
Richard is a singer and a performer while John has been his manager for three years. The issue that arises here is the role of John as a manager and the roles of Richard as his employer. The manner in which the two are supposed to relate to each other without conflict of interest is a big issue.
Generally, remedies that are available during the interim of the case are equitable remedies. There are less evidential burdens for these remedies and are obtained quicker because they are necessary to stop the defendant from doing something – disposing of assets, leaving the country, selling things illegally, etc.
Terrorism poses serious threats to national security and, therefore, many countries have opted to adopt various legislative measures and policies that will be able to protect all the citizens. For instance, the EU adopted a counter-terrorism strategy and action plan, which has enhanced cooperation between the police, judicial, and other government organs.
Marxists associate contemporary capitalism with general global industrialization. Contemporary capitalism entails the periodization of capitalism and the evolution of capitalism. Contemporary capitalism was attributed to the alteration of economic dynamics. The society was forced to conform to the current organizational imperatives.
Other people make money through the internet by using unlawful ways of cheating others. The Internet has to be used by the young or old people in a responsible manner and not as a ground to make others suffer. This paper will discuss Amanda Todd – cyber attack and bullying that made a 15-year-old girl commit suicide.
Under the Modern Slavery Bill, the legal authorities also intend to introduce Slavery and Trafficking Prevention Orders as well as Slavery and Trafficking Risk Orders. The bill also aims to introduce Anti – Slavery Commissioner, since having a senior figure will help in increasing the power of fight against the modern-day slavery in the UK.
According to Mallor (933), a Limited Liability Partnership is a partnership whose partners have applied and qualified for limited liability status. The best business entity for Aric, Jorge, Virginia, and Jackie’s partnership is the Limited Liability Company. LLCs have a number of advantages which will guarantee the success of the firm.
If any partner may wish to transfer or sell his shares, he may do so only according to the decision and agreement of other partners, in case he goes ahead to do so without due regard of the laid down procedure, the other partners have a right to restrain him according to the provisions in this section or the laid down statues of the state.
The introduction of the Deasy’s Act by the Commission of Northern Ireland is a huge step towards the other countries that use common laws, these countries are namely; England, Wales, Scotland and Republic of Ireland. The law in these countries is modernized since they are reformed from those that Northern Ireland has been using.
The discussion of crime and security of the citizens continues to emerge as a significantly notable issue of public concern. Further, as the public seeks redress from the concerned offices, the debates continue to rage. The concerns of the citizens reach public officers with the responsibility of guarding and protecting the citizens.
The limited companies in the UK, it can be ascertained that under the provision of the Companies Act 2006, a company must be treated as a separate and artificial legal entity. As per this doctrine, the shareholders and directors of the company are entitled to enjoy limited liabilities for the repayment of the debts of the company.
Such a directive needs to be founded on the fact that it is towards the achievement of a legitimate aim, through proportionate means. Case examples would be the – R (Seymour Smith) v Secretary of State for Employment  ICR 244 or Enderby v Frenchay Health Authority (C-127/92)  ICR 250 cases.
Pepper v. Hart became a subject of intense debate even before the dust had settled on the decision. Lord Steyn an eminent jurist criticized the Court for allowing Hansard (correctly titled as the Official Report), called for a narrow interpretation of the decision, and advocated limiting it to cases of executive estoppel.
The European Commission also engages with directives, since it is tasked with ensuring that member states pass necessary national legislation in the right manner. The European Court of Justice also engages with directives in that the Commission takes legal action against non-complying member states at the Court.
European Union is the association of European nations to form a body that addresses European matters. The European Union is expressed by certain institutions. An increase in the union's responsibilities and tasks has led to its institutions growing and increasing in numbers. There are five main institutions (Adams, 2006).
On the contrary, the application of the common and equity laws will not allow future judges to have case points that can help them in deliberating rulings in cases that may have similar facts. Though not all, cases tend to have relatively similar facts and may also attract a similar result in terms of judgment.
This case merit to be taken to court. It is unconstitutional to deny a child food and also to cause physical harm. Investigation reveals that indeed Emily faced physical harm and malnutrition. That implies that her parents must face the consequence by facing those charges in court. It is only the court that will decide the fate of Emily’s parents.
For example, church leaders should establish programs in the church to enable the church to prevent delinquent behaviors among youths. Some of the programs include hosting youth rallies whereby, youth may be taught about proper behaviors and at the same time provide them an opportunity to interact and share their problems with teachers.
According to Lord Denning’s opinion, when damage to property due to the negligence of another, the negligent tortfeasor owes a duty to the property owner but not to the case of one who experiences loss only because he/she had a contract enabling him to use the property or giving him a right to obtain it at a later date.
In the last three decades i.e. from the period of 1983 until presently, firearms have been identified to be the prominent cause of mortality amid individuals of all age groups. In this context, the government of the US has formulated and implemented different gun control policies with the aim of minimizing crime and violence inside the country.
The Directors are bound to perform such duties and breach of law along with these duties might result in their removal along with taking actions like the imposition of huge fines. Thus, it should be noted that in any organization, Directors must act for the welfare of the business and comply with the organizational constitution as well as law.
Legal systems in various countries in the world today fall under one of the two main categories of legal systems. These are common law and civil law systems. There are about 150 countries in the world that are known to use civil law systems. On the other hand, common law countries in the world are about 80 (Zander 2004).
Groupings that are larger such as nations and continents are normally more diversified than the ones that are smaller. This does not mean that smaller groups are not diversified since even the simple families have diversity in terms of age and gender, and economic status, religion as well as sexuality.