Law Essays

The reason behind dismissal must be within the categories of the prima facie or what is referred to as the potential reasons under the ERA 1996, Sec. 98(2). Dismissal based on gender, race, or religion cannot be considered to hold ground with any of the potentially fair reasons and is usually considered unfair   

The UK government proposed the LASPO Act of 2012 as a bill and ascended it in 2013. The Act defines clear and flexible responses to behaviors of children and youths’ involvement in the crime. Practitioners in the legal field have the responsibility of identifying methods, which will reduce the criminalization of children.

Many nations group the killing act into two broad categories known as manslaughter and murder. Manslaughter is applicable where the criminal is less culpable and frequently turns the individual's state of mind. It is also relevant in considering the circumstances that contributed to the wrongful killing.

The Watteau v Fenwick case is among the historical cases that have generated a lot of attention among a broad range of scholars. The case involves the judgment passed by County Court and later upheld by the Queen’s Bench. In this case, the plaintiff was a cigarette supplier, Watteau, to a hotel owned by the defendant, Fenwick at that time.

Family laws are a conglomeration of biblical religious principles, Acts of Parliaments, and traditional customs. For example, the Bible allows divorce either due to infidelity by one of the spouses but does not offer the partners a chance to remarry after the divorce. The English Common Laws accepted separation of the partners so it was not possible for the separated partners to remarry.

In company law, the principle of separate legal personality remains vital since 1897 during the evolution of the whole UK company law (De Lacy 2002 p.16). At the time, company legal relations were based on human beings. However, today legal relations extend to relations with companies as “legal” personalities.

Trade-Related Aspects of Intellectual Property Rights (TRIPS) is an International agreement established and supervised by the World Trade Organisation. The prime objective of the implementation of TRIPS includes the modification of International Intellectual Property Rights (IPRs). IPRs include the protection of intellectual properties, which are categorized into different segments.

Businesses manufacture and distribute services and goods to customers and maintain the ability to create wealth in terms of wage payments, taxes procured for government services, and even interest payments. Costs include capital and skills development of the labour force and have an influence on the external environment as well such as pollution.

Generally, ‘Celebritatem’ is the Latin word that is translated into ‘celebrity’ and simply means someone who is famous. Public figures such as musicians, actors, radio personalities, and other individuals whose works are widely known and appreciated are some of the people seen and termed as celebrities.

The paper aims at explaining the legal action that a software company can take against a startup company, that it believes uses its software products unlawfully by using the services of a former employee. The legal analysis is done according to the legislation of the United Kingdom. The areas of focus are six: confidentiality, ownership, originality, copying, infringement and trademark.

The issue of public law is about the exercise of power by public bodies such as government departments, agencies, prisons, police, statutory tribunals, courts, health regulatory and supervisory authorities, local authorities, etc. In case a public body makes an unlawful or unfair decision while acting in a public capacity the wronged party can challenge such decision through a complaints procedure, judicial review, etc.

Each and every country has specific rules and regulations which government had rules which govern the arbitration contract between the citizens and between the nation and other nations.  Kuwait is one such country and it has faced a lot of challenges when it comes to arbitration law and sharia law until the time when the New York Convention was incorporated and ratified in the process of administering justice in Kuwait.

A player can be liable for two offences which include trespass of the person and negligence. In the offence of trespass, the person has a general principle that states that everyone’s body is inviolate and any touch is considered to be battering. This offence does not need one to prove that there is an injury that was suffered.

The theory is against the savior siblings used as a means to save their siblings but they should be treated as normal children and should not be shown that they were born for a particular purpose. The reason behind this is that if the child is treated a s a means this can lead to stress and depression which can lead to self-destruction. 

The validation and counter-invalidation by the changes in the various applicable laws must be petitioned through the right channels. This requires a legal advice mechanism that is strong for both parties. While it is unhealthy for pessimism in business, all measures should be put in place to ensure that there is no risk that is not unforeseen.

In contemporary society, freedom of speech and expression is highly regarded, and the field of journalism and media is playing a central role in ensuring that whatever information is of public interest is searched and communicated. However, what is emerging as the biggest challenge for many nations is the enactment of policy legislation that ensure that individual rights are not infringed in the process.

This essay deals with issues relating to establishing a breach of consumer guarantees for services, under the provisions of Australian Consumer Law (ACL). This area of consumer law is addressed by a number of cases that clarified the issues required for raising an argument against breach of consumer guarantees, as well as exemption clauses relying on the provisions of consumer guarantees under ACL.

Media in society is very helpful in that it helps in highlighting the issues that concern society. There are different perspectives and theories that some media articles use to communicate their information. There are crime theories that require experts to compare their ideas with the emerging issues in the current world and therefore, the media is well equipped with such experts.

Section 44 gives power to law enforcement agencies to randomly and indiscriminately halt and search individuals, even without having any ‘reasonable grounds’ for suspicion. The Terrorism Act 2000, effective on 19th February 2001, allowed senior ranking police officers, under Section 44, to create certain “authorization” areas in particular geographical locations (under directives from UK Home Secretary).

It is quite essential to state that for one to understand the various responsibilities and rights of a shipper, the consignee termed as the cargo owner and the seller must understand the title of goods passed under the sale contract, especially when there is the existence of giving the risk of goods.

Section 214 of the Insolvency Act 1986 seeks to regulate the trading behaviour of directors when companies are experiencing financial difficulties. Under Section 214, directors can incur personal liability for the company’s debt should they trade in circumstances where they knew or ought to have known that the company was heading for insolvency.

The Council of Europe (COE) is an organization that was formed by the Treaty of London in 1949. It is based on principles of human rights, pluralist democracy, and the rule of law. It has 47 countries as signatories. For a state to join the COE, it must show its respect and determination to adopt the principles under which the organization is formed.

In the situation where somebody injures another party or interferes with the person’s property intentionally, then an intentional tort has been committed. Negligence tort deals with a violation of the duty of due care. Intentional torts entail circumstances in which the defendant is aware to a considerable certainty that his actions will cause the plaintiff damage.

This paper will examine the regulatory policies that were put in place by the Financial Services Authority and the Bank of England since the start of the Credit Crunch in September 2007. The credit crunch is thought to have had its roots in a mortgage market that was located in the United States. The credit crunch began as a withdrawal of liquidity from some financial markets in august the year 2007.

The credit crunch experienced in the year 2007 was caused by the failures in the policies and practices that were put in place. Some of the failures contributing to the credit crunch include; supervisory failures by the Financial Services Authority. Severe deficiencies in the UK and regulations, in global banking, may have led to the credit crunch. 

Criminal law offers an understanding of the regulation of crime. Criminal law, therefore, regulates social demeanor and disallows actions that harm or threaten the physical safety of other lawfully protected people. Unlike civil law which concerns itself with the settlement of disputes and compensation among people, criminal law outlines effective mechanisms of punishment as a means of taking responsibility for any offensive act.

It is essential to state that in broad strokes, M*PACT comprises a series of processes essential for the gathering, analysis, and dissemination of criminal intelligence data that is in turn applied in assisting the Moulton Police Department to develop effective tactics and strategies to combat crime.

One of the most recent homeland security-related policies is the change in immigration policy, permitting certain young people to stay in the United States (Washington Post, 2012, p.1). Under this policy, individuals who came to the US as young children and are able to meet the guidelines can “request consideration of deferred action for a period of two years, subject to renewal, and would then be eligible for work authorization”.

It is important to note that insider trading is not only limited to the stock market. This is because Seyhun (2000) stated that another example of insider trading is when a business approaches another business for a takeover or merger and it has prior knowledge about the long-term status of the company, which could indicate that it is either going to collapse or make major profits in the near future.

It is quite essential to state that in late August 2009, the Chairman and CEO of US-based confectionery, Kraft met the Chairman of the Board of Directors of Cadbury, the British confectionery company with a takeover bid on the agenda. Kraft's offer included cash and shares for the acquisition of Cadbury.

The work shed light on the major factors that have led to wage disparities and discriminations during the last decades on the basis of gender differences and found that elements such as work-family balance, race, contractual technicalities, and culture have played a major role in shaping a pronounced difference in wages between males and females workers, and demonstrated a positive correlation with the presence of gender-based wage differentials.

Generally, research on the life and works of Lord Chief Justice Sir Edward Coke has highlighted rhetoric, controversy, and disputes. They give emphasis on fierce orations in court, tense altercations with King James I and nationalistic speeches in the house of Commons. He should also be viewed as an icon in a particular cultural setting.

According to a report by the Working Group of the Capital Markets Consultative Group, inflows from Foreign Direct Investment (FDI) to emerging markets have increased substantially since the 1990s and represent the most significant source of income for those countries. There has also been a corresponding trend in FDI outflows from emerging markets.

Increased feminist activism tends to give women an advantage in all fields by creating the perception that women form a marginalized group in society (Oyez, 2012). Though this position is often correct it should not be the basis for discriminating against men since all citizens have the right to equal protection. Parental leave is a constitutional employee benefit stipulated in the federal family and medical leave act (FMLA) 1993.

Generally, in the last two decades, human trafficking has raised serious concerns around the globe. A simple definition of human trafficking is the illegal and organized criminal activity where human beings are treated as goods or possessions (A deeper definition is given in the section that follows).

Anton, who was persuaded and forced by his friend Henry to assist him in making the tattoo, was further observed to have offered £500 for the same, which can be categorized as bribery in conducting an irresponsible act. In this case, both Henry and Anton suspected that Mel was below 18 years and was not legally liable to get a tattoo. 

In most cases, the question as to whether a witness is competent enough to testify in a court of law is for the jury to decide. In most cases, before an individual can testify as an expert witness, courts usually conduct cross-examination on the academic qualifications and experience regarding the matter at hand.

The MacPherson Report stated that racism is a sort of insensitivity to the feelings of members of ethnic minorities: it is a cultural failure. This implies that racism is seen as a situation where the authorities and members of the criminal justice system fail to meet the needs and understand the expectation of other minorities in the UK. 

Codex Alimentarius Commission is a UN body that is responsible for ensuring that safety standards for foods are maintained across the globe (Suppan, 2006). The legal frameworks governing the production and consumption of fermented foods across the globe are therefore greatly influenced by the Codex commission’s provisions.

Duties arise out of the principle of vicarious liability in tort, breach of directors' duty under contract and tort, and breach of statutory duty under tort. Employers are under a duty to discharge their responsibilities appropriately to prevent employees from suffering an injury, as the employer will incur a civil liability in damages. 

The importance of international trade, travel and criminal laws grew astronomically because of overpowering trend of globalization in recent years. The international and global forums such as United Nations and European Union are primarily responsible for passing and implementing international laws in the member communities.  

Almost 70% of the women in this world earn below the poverty. Irrespective of fact that they belong to developed countries or developing but they are the victim of economic distortions. The availability of equal opportunities to women will increase their participation in the workforce and turn, will help them earn for their families.

The constitution can be termed as a set of rules that can be used to guide the operations and the purposes of a group of people which may be in a document that is written or it may be derived from several sources and brought together like the United Kingdom constitution where the regulations are developed as time passes.

The manufacturer would be required to take all the liability on their side to someone who gets injured from defective products whether they were negligent or not. The product liability directive rule was implemented on 30th July 1988. This implementation was done in the UK by the Consumer Protection Act 1987 and was made into force on 1st 1988. 

If the creditor is allowed to go back to his original promise, it would be inequitable because the debtor would have relied on the creditor’s promise to accept a lower payment. Such agreements are usually made by creditors because of the pressing circumstances of the debtors. Hence, the subsequent claim for recovery of the balance fails.

As a neutral third-party agent of the business, the interest and protection of the consumer have been taken over by various statutes and regulations. The reason for this is that the consumer is yet to attain an improved decision-making status that gives him the independent locus to command such interest and protection.

The subsequent step will analyze the policy to obtain a critical view on its various characteristics and principles. Ultimately, in the next stage of the research, focus will be shifted toward analyzing the effectiveness of the policy in the present-day context along with providing recommendations in the subsequent stage. 

The current law of Gross Negligence Manslaughter (henceforth GNM) in England and Wales demands healthcare practitioners to be very careful in their practice as the slightest negligence can end up drastically. It is one of the few areas where criminal law intersects with tort law. Recently, consultant surgeon David Sellu has been convicted of the manslaughter of a patient at a private London hospital.

Prisons are institutions where people with deviant characters are placed in order to give them a chance to rectify their behaviour and also protect society against any harm from criminals. Prisons have been used to keep away criminals from society and execute those who are perceived as being a social misfits in the community (Duke, 2003, p. 9).

“In order to contribute to the protection of the right of every person of present and future generations to live in an environment adequate to his or her health and well-being, each Party shall guarantee the rights of access to information, public participation in decision -making and access to justice in environmental matters in accordance with the provisions of the Convention.”