Law Essays

The duty owed by the directors is beneficial to the shareholder, other directors, stakeholders and employees. The general statutory director duty is proposed for a better understanding of these benefits and making the benefits more explicit. It is beneficial for the director to understand their responsibilities, duties, and roles.

In a community, people interact and share many things, and in that process, they tend to do things that may be beneficial to themselves and others. Differences in resource allocation and other factors may force people to engage in acts that are against society’s norms as well as the law. Such acts are harmful and in some instances, people lose their lives and property.

Disclosure itself serves as a fundamental instrument of securities market activity, as it affects the market and conduct of its participants. Disclosures imply that the public should be informed of any investment decisions, while the undermining of this confidence leads to the collapse of the securities market harming the national economy for a very long period of time.

The European Convention on Human Rights (ECHR) is a continental pact derived from within the Council of Europe, coined in Strasbourg in 1949 in the first post-war efforts to unite Europe. Among the states that ratified ECHR were UK and Spain. In particular, the UK consented to the right of individuals to push a case to Strasbourg as well as the jurisdiction of ECtHR in 1966.

Although there had been a need for it for quite some time, The International Criminal Court (ICC) did not come into existence until July 17, 1998, with the implementation of the Rome Statute of the International Criminal Court.  (Schabas, 2007, p.9)  The Court however did not come to a functional stage, which required the acquiring the necessary signatures from 60 different nations throughout the world, until finally in July of 2002.

Neglect of patients in hospitals mainly involves neglecting patients and hence not offering them with the desired healthcare to meet the needs of the patients. Considering the case of hospitals in UK, this has created significant issues and concern for the government, with more and more cases of neglect being covered by the media.

The increase in the population of third-party collaborators such as gamete donors (both men and women who are willing to donate their sperm and egg respectively), as well as women who are willing to serve as gestational carriers to aid in the conception process, is a positive indicator of widespread acceptance of the service. 

In actuality, the emergence of ethical dilemmas which is triggered by the discretion that is provided to individual actors as a part of the criminal justice model may prompt disagreements regarding decision-making processes and negatively impact the achievement of fair outcomes for the parties involved.

Various scholars hold diverse views regarding the historical origin of ‘lex mercatoria. A section of scholars holds the view that the origin of the ‘lex mercatoria’ is attributed to the Roman ‘ius gentium’- a body of rules that guided the trade relations involving Roman citizens and foreign traders.

Care should be exercised during the process of enforcing the ban on GM food products, because the inappropriate establishment of the ban can make other member states to sue it and to set retaliatory trade policies against it. In conclusion, the country will be violating GATT 1947 and the commitments of WTO by introducing the prohibition

Although the operating costs of criminal justice agencies might have increased, the success of their activities justifies the costs. Sometimes technical errors and network breakdowns slow information flow but this is insignificant compared to the success that modern systems have brought in the management and operations of criminal justice agencies.

The investors are the early adopters and in any business, the role of early adopters cannot be overstated, they will spread the word at no cost and allows their networks to be used in popularizing the products, in addition, they will become loyal customers as long as the startup is in operations not to mention influence their friends and associates

Every nation suffers from numerous kinds of challenges and problems that include poverty, epidemics (diseases), war, internal riots, corruption, and crimes. Out of all these problems, criminal activities are considered as one of the most important challenges as it can damage the country’s infrastructure indirectly.

Penal theory or criminal justice has not transformed adequately to make room for such rights or changes to the process. Sentencing ideologies remain concentrated on offenders—courts penalize with the intention to rehabilitate, incapacitate, deter, or make retribution, not to benefit the victim or to create closure.  

Arbitration is perceived as an alternative system of resolving disputes given the fact that it does not have recourse to the domestic law courts; the disputing parties normally experience a resolution of their disputes via the intervention of a third party. The decision that is made by a third party is deemed to be enforceable in the court of law; it is as well binding to the disputing parties.

Legal reform or law reform can be considered as the procedure of examining and monitoring laws, and implementing and advocating changes in a specific legal system in order to enhance justice. Law commissions and law reform bodies are intimately related to each other. These organizations are developed to facilitate legal reform or law reform.

Policing is one of the most challenging careers. The role that police officers perform is so demanding that it poses a lot of pressure on them. They are required to possess various skills because their work situation subjects them to following traffic offenders and capturing criminals. These duties require police officers to withstand pressure and make rational decisions in urgent situations.

Law is an important part of contemporary society. Civil society cannot exist without the persistence of a legal framework. Law has certainly made different societies problem-free and peaceful. Under the realm of different Acts, enforcement law is one such act, which protects and prevents society from crimes.

A Partnership can be dissolved in a variety of manners determining what is contained in the Partnership Agreement. If it is entered into for a fixed period, it is dissolved at the expiration of this period; if entered into to conduct a particular venture, it is dissolved on the realization of that venture.

A criminal investigation is an important discipline in law enforcement. This is crucial for offering solutions to crime at different levels, including the local and state levels. A criminal investigation is thus, a practice, which involves a systematic observation or inquiry into a crime, and might involve the recording of evidence.

Representation shall entail actual representation of the clientele in contentious and non-contentious matters, either through litigation in court or through alternative dispute resolution. This group shall comprise those whose rights under the computer law have been violated, or those facing cases of violating the same. 

According to Lord Steyn, the abuses by prison officers, together with the systematic denial of exercise and the crowded conditions to which the prisoners were subjected all amounted to cruel and inhuman treatment and punishment. In the meantime, the mere conditions to which the prisoners were subjected to exacerbates the delay. 

In secondary claims, she can sue the hospital for gross negligence in preparing for the foreseeable events in the emergency room and the lack of a standby life-resuscitating device. Finally, as part of the secondary claims, she can sue the manufacturers of LifePak1 for the malfunctioning of their device in resuscitating her husband.

It is my opinion that the most powerful branch of the government is the executive. Since the event of 9/11, there have been activities specifically about war powers and anti-terrorism that were decided and implemented mainly by the executive branch of the government. This was done largely without the permission of Congress. 

In the 1996 case of Vernon v Bosley (No 1), it was maintained that sudden shock was partially responsible for the plaintiff’s psychiatric damage and because grief also played a crucial role, it could not stop a claim. The plaintiff had watched his children drown in a vehicle that was negligent/carelessly driven by their baby sitter.  

There is no question about it the United Kingdom has taken a key role in the war against terror. On the global side, the yeoman services of Sir Jeremy Green stock, the Permanent Representative of Britain and the Chairperson of the Committee on Counter-Terrorism in the United Nations contributed a lot to address the mammoth issue of terrorism.

In the United States, numerous individuals have complained about police brutality. Other minority groups complain that the police target them unfairly. This is often justified by the police as being necessary because the police need to use statistics and other indicators to identify potential wrongdoers and apprehend them before they do any harm. 

The involvement of non-profit organizations such as charities will increase the possibility of unethical practices like corruption within the political parties. Moreover, the charities receiving grants from the government may also seek more funds in exchange for political campaigning for the particular political party. 

About communities, CSR helps in their development using encouraging businesses to commit to environmentally and socially friendly practices. And lastly, about the drivers, especially the government and economic regulators, CSR initiatives influence their ties with businesses and the extent of regulatory policy they enforce. 

Under her, the types of agents seem to be rather restricted, since article 4bis (2) offers that independent contractors are not included and since the ambit of application of the HvR is restricted to the period between the starting point of the loading and completion of delivery of the cargo from the carrier at the discharge port.    

The law also provides for obligations of the parties to a contract in the matters concerning land and other immovable properties. It was Ben’s responsibility to carefully read the provisions of the mortgage papers before signing them. Where the defense of undue influence cannot be applied the court should let such a transaction stand.

Articles 2 (4) and 51 shape the basis of the Charter regime directing the use of force. The resort to armed force remains outlawed as per international law, except in cases where the UN Security Council awards permission, or in cases where Article 51 sanctions the utilization of force as a means of self-defense.

Plea bargaining does benefit defense lawyers and prosecutors who do not have to bear the burden of cumbersome trial outcomes. It also keeps the judicial system moving by prosecuting more cases. However, these benefits come at the public’s expense. Efficient courts operate under the premise of guilty until proven otherwise. 

The EU also ensures accountability in Europol through the European Court of Auditors (ECA) which scrutinizes and reports on its financial accounts. The ECA is the organ that provides the budgetary authority that legalizes and regularizes the financial transactions carried out by Europol and publishes them in the Official Journal of the EU.

As opposed to partnerships, companies are more complicated and expensive to form. Company formation involves administrative expenses and complex legal and tax requirements. For instance, a company must file articles of association and must obtain local and state licenses and business permits to operate(Campbell, 1994). 

After thirteen years, the Supreme Court decided on Miranda rights, when the case of Davis was presented addressed the major question that was triggered in the protection of the forth amendment in the Miranda and Edward case. Davis was a U.S. Navy who was arrested for killing a fellow office in a pool game (Brezina, 2011).

Bankruptcy defines a legal condition of an entity or person that cannot service the debts that one owes to his/her creditors. In a majority of jurisdictions, bankruptcies get ordered through court orders, frequently stated by the debtor. The key objectives of bankruptcy law are public protection as well as assisting the debtor.

The Council of ministers adopted Directive 2000/78/EC on 27 November 2000. In this Directive, Article 1 made the discrimination of persons illegal based inter alia, disability, and age. Article 3 allows member states of the EU to prohibit the application of the Directive to the armed forces in cases where it is related to disability and age. 

England promised one of his friends to meet her, but he canceled his meeting an hour later on 15th December, but according to his friend, he was not upset or depressed and he previously also broke promises of meeting. England’s girlfriend Stephanie Rollins negated any involvement of England in Berry’s disappearance.     

It is to be affirmed that under The Prevention of Harassment Act, the plaintiff i.e. Elizabeth can duly comment about the level of psychological insecurity that she is likely to face due to the comments passed by her senior partner Robert. The employee has been facing similar instances in several other situations.  

The ideal type is associated with Max Weber who argued that both an objective and a subjective, but, more detailed approach to legal studies was preferable. This approach captures a more robust and complex ‘reality,’ and although unrealistic, helps us to identify and segregate the diverse parts that exist in practice and institutionally. 

In the commercial sale of goods contracts there arise situations where the seller may need to repossess his goods if the buyer defaults on payment. Under English law, businesses are free to make the sale of goods contract and include any terms they may deem necessary as long as those terms are within the confines of the law. 

The new law will improve on efficiency and regulation aspects surrounding corporate operations and subsequent inclusion of effectiveness in the audit process. Effective auditing is critical for ensuring and affirming transparency in a corporate setting. This is a critical aspect within the operations of any given corporate sector.    

In response to growing security threats and as required by law, the Parliamentary Joint Committee on Intelligence and Security drafts necessary reforms to counter-terrorism. As such, they have been mandated to come up with preferred legislative frameworks that address Australian citizens' needs and provide technical detail to service providers.

Day in and out, efforts are being made by international bodies such as the World Trade Organisation, World Tourism Organisation, and Food and Agriculture Organisation among others to make transnational trade and cross-border trade as flexible as possible. Even among stakeholders on various continents, there are such attempts to make the flow of goods and services across borders as easy as possible.

National security and law enforcement agencies use telephone wiretaps and dialed number recording systems in collecting investigative legal and intelligence evidence. These systems are prone to unilateral and simple countermeasures that permit wiretap targets to prevent call audio from inaccurate dialed digits or recordings.

For identifying the deficiencies of easements, first, an evaluation can be made on the basis of the basic four requirements on which easements are built. The first characteristic pertains to dominant and servient tenements. As per the rule, it is required that an easement is connected with two pieces of land and the dominant tenement needs to be attached to the easement.

Generally speaking, a man as a social animal has deviated from his course of living from other animals and has built up certain norms and regulations which are dedicated to delivering an environment where a man can sustain it in a proper manner. Human beings possess significant interests and so they possess rights.

The constitution of the Commonwealth of Australia came into existence on January 1, 1901. The constitution was framed by many framers among which Mr. Alfred Deakin, the second Prime Minister of Australia played a crucial role as one of the framers of the constitution (Commonwealth of Australia, 2012).

The effect of mandatory minimum sentencing policies on future recidivism. It sought to explain the effects that the minimum sentencing policies that are mandatory are likely to have on the future that is their impact on the convicts going back to committing the same crimes that they committed before the punishments are administered.