Law Essays

A contract is a legal and enforceable agreement that binds two or more parties to perform particular obligations and when a party fails to meet the obligations stated then that party would be in breach of contract. On April 1st Pat a computer software consultant entered into a written services contract with Big Industry Ltd to write four computer programs for use in the automated manufacturing companies. 

This paper examines the fundamental laws that underlie a contract between a case scenario of Pat and Big Industries. It reviews whether a valid enforceable contract exists between Pat and Big Industry, the terms of the contract, the effects of a phone call to modify a contract, the legal actions that the parties can partake and lastly, the remedies the parties may rely on the contract law.  

A valid agreement must have an offer which is an expression by one of the parties of their willingness to be bound by certain contract terms for instance in the case of Storer v Manchester City Council (1974) the Court of Appeal stated that a contract existed because the communication was intended to be binding upon acceptance.

The importation of illegal narcotics is one of the leading crimes in Australia (“Australian Bureau of Criminal Intelligence” 2002, p.3). According to Paoli (2004), illegal drug importation issues are not only rampant in Australia but all over the world. Most Australians are aware of the existence of drug traffickers, but might not have a clue as to how widespread this border issue has become.

In this case, the parties include Mr. Kindle and Mr. Byrnes and Mrs. Byrnes. Mr. Kindle and Mrs. Byrnes married in 1980 and later divorced in 2007 while Mr. Kindle was still the registered proprietor of the house at Rachel Street. They both acquired knowledge on Acknowledgment of Trust and both decided to be registered partners in 1997.

It is easy to consider the legalization of capital punishment as a solution to deterring the high level of criminal cases. However, there will always be a limitation as to the extent wherein serious punishment such as the death penalty should utilize. It is possible to prevent the cases wherein an innocent person will be sentenced to death.

“The Court has had its seat in the Peace Palace in The Hague (Netherlands) since 1946. Its predecessor, the Permanent Court of International Justice, occupied from 1922 the same premises, made available to it by the Carnegie Foundation, which owns and administers the Peace Palace.”(International Court of Justice)

Research has proven that higher-quality child care results in greater language, cognitive, and social skills. The North Jersey Community Coordinated Child Care Agency, Inc. is one of the largest nonprofit child care resources that focuses work to assist families to acquire excellent quality child care which is available, accessible, and affordable in New Jersey.

The questions I asked the principal to answer were of two types.  Some of them centered on questions that had firm legal standing, for example, I asked questions about students with exceptionalities, dealing with the teacher’s union, and access to school records.  Answers to these questions need to be firmly rooted in established case law. 

This is, at present, a very relevant subject considering that Fastserv is in the process of ending its online operations and seriously considering downsizing its employees in that operation as a consequence of that closure.

Mr. Johnson had already successfully pursued a statutory claim against Unisys for unfair dismissal in 1995, and in the instant case filed a claim for damages at common law, claiming in the alternative breach of contract or negligence.  He alleged his dismissal was in breach of various implied terms of his contract of employment, mainly the implied term of trust and confidence.

The Kansas-Nebraska Act which was promulgated in 1854 sparked several debates amongst statesmen with regard to the legality of allowing the two newly-formed states to choose whether or now slavery will be permitted in their jurisdiction or not. The main issue is generally contained in Sections 1 and 20 thereof.

Its climate on the suability company's responsibility is managed and work in sync with the labor laws and employment laws. Here, this plan includes a detailed explanation of the rules' changes, which will prove beneficial for the human resources team to deal with the various employment laws across multiple locations.

These aspects are used in measuring the levels of organized crime across the globe. The organized crime involves plans to control or use certain resources. In most cases, crimes committed by organized crime groups have great potential in causing financial harm. Moreover, organized crimes often involve corruption, coercion, and violence.

Separation of Powers refers to a model of governance where the state is split into branches, with every branch being separate, autonomous and having independent powers and sphere of responsibility. In modern-day democracies, the branches that make the divisions of the state are three: the legislature, the judiciary and the executive.

The research paper portrays the picture of the situation of human rights in the 21st century in developing countries. The situation looks quite gloomy as people are deprived of their basic rights such as freedom of expression, education for men and women, jobs, security, political participation in governance, etc.

The investigators were forced to secure the scene and collect any trace of evidence that could help them to carry out the investigation and establish the cause of death of the victim and who was the accomplishers. There were blood, cockroach 45 auto casing, yellow pills, red pills and green pills, unknowns currency, syringe and purple fingernail among others. These evidential items collected were kept to help carry out further investigation.

The report includes factors affecting efforts to reduce cases of domestic violence in the United Kingdom, why domestic violence is a serious concern for British leaders, and the lessons the UK can take from other countries that are grappling with the same problem. Relevant recommendations will be provided and the paper will be concluded with a reflection on the subject matter.

The paper "Limitations of Vicarious Liability" is a perfect example of a law report. Vicarious liability refers to the tort doctrine that holds one person responsible to upon failures of a different person, whereby both have close relations. It may include liability of an employer for the deeds and omissions of the staff, so long as it is evident that the action occurred during their employment period (Spindler, 2011).

Thus, whenever the state adopts a policy, it can always wash its hands from any undesirable effects and events that stemmed from the policy. It can always say that the policy was excellent but the execution and operation were defective. This is like saying that the administration cannot be blamed by the public because it was not them that cause failure.

The main issues for the Greens is the quality of advice rendered by Ubeaut and non-disclosure of a conflict of interest.  The quality of the advice given is questionable since Ubeaut via its agent advised the Greens that investments in debenture stock were very secure during difficult economic times. 

 In the Member States, elections set in motion the process of forming the government in their country. The contesting parties and their candidates in European elections propose policies that contain a modicum of European matter—most of their policies and strategies related to their national interests and politics.

Intoxication, the root cause of crimes, in reality, is essence-less! When an individual arrested or convicted for crime is constantly nagged and abused, condemned, and ostracized by society, one turns into a viler and biter individual. Heartfelt care and concern, an understanding approach, and tender regard for one’s feelings are necessary pre-requisites to heal the inner wounds.

Judging by the strict interpretation of the concept of parliamentary supremacy, 'Parliament' has an unfettered and unrestricted right to make any law that they deem fit. However, there are some inherent challenges that come with this. In applying the concept of parliamentary supremacy, should judges just recognize parliament's laws? Or does the Judiciary have some responsibility to ensure constitutional significance?

Torts or wrongful acts may be committed by individuals or businesses. An example of tort law is the law of negligence. ( Civil Law in Canada {Torts}) A person may carelessly bump into another causing him/her to fall, and sustain injuries. A business may commit a tort by manufacturing a product not fit for its intended purpose, or failing to keep its premises as safe as possible for the visiting public.

After the process, the rehabilitated offender returns to the former status of a law-abiding citizen. Expectations on the offender lie in the ability to shed off the negative label of the lawbreaker and re-establish back into society after an episode of exclusion (Robinson & Crow 2009, p.6).

Under the act, the courts, the police, and the department of correctional services are elements of the criminal justice system. Criminal justice involves a network of institutions and practices of government agencies whose main aim is to ensure there is order in society by preventing and mitigating crime (Cook, 2001).

“Money laundering is the process of integrating the proceeds of crime into the legitimate stream of finance by masking its origins” (Odeh 1). This implies that money laundering is concerned with the fact that people attempt to use means of presenting money earned through criminal activities as legitimate.

The compensation for the identity-theft case was likely is in the tens of millions and hence it was not decided yet (TJX hacker gets 20 years in prison). The 28-year old Gonzalez was a clean-cut along with wireframe glasses man. He was sitting statically while folding his hands, at his chair during the proceedings on Thursday.

Different standards programs; standard, moderate or intensive probation are meant to reflect different levels of contact between probation officers and the probationers.  The level of contact between a probation officer and a client may range from regular to infrequent (Alschuler, 2005). Large caseloads result in reduced contact between the probationer and the probation officer. 

Changing social factors are influenced by prominent factors such as economy, demographics, technology, and crime-related issues. These factors have crucially changed the police force and law enforcement agencies. Demographics change policing through the requirements of the different demographic groups in society.

The rush of immigrants to the United States began in the late 1700s when Congress passed a law that allowed naturalization of “free white persons” and almost a hundred years later, even when the Chinese Exclusion Act was passed, there have already been thousands of immigrants who moved to the United States (History of U.S. Immigration Law and Policy).

Traditionally, the modern Japanese Judiciary has been regarded by the academia and public as being insulated from elitist, public and unfriendly to criminal defendants who normally face a higher than ninety-nine per cent conviction Schmalleger. This is normally due to the intense prosecutorial proceeding coupled with the high rate of pretrial confessions.  

Competition Law has been in existence within the market since the beginning of the 20th century. The enactment of this law by the government of various nations has been done with the prime intention of facilitating healthy competition within the market both from a domestic as well as international perspective.

Both in law and crime, hate crimes are usually bias-based and in most instances, they usually result in violent activities against the targeted individuals. There are numerous incidences that involve physical assaults, damages to property and other forms of insults. There have been a number of laws and other regulative mechanisms put up in order to help such occurrences.

The current competitive world of business does not give a chance to fail. Instead, a near perfection if not perfection has become an ingredient of success (Swarbrooke, 1999, pp. 17). Clients require better services and the incorporation of legal systems has exposed businesses to battles and suits.

Shaun went ahead and got involved in activities like theft and robbery on several occasions even after he had been reprimanded for such criminal activities in the past. This is the second time Shaun is being held for crimes of intending to supply class A drugs and if stern action is not taken, he may propagate a similar activity in the near future.

Organizational structure refers to the different levels of management within an organization. These different levels of management provide an efficient means of management as the structure provides the chain of command among the different management levels. Each department shall have duties to handle as a way of increasing accountability to the management and patients.

The Sexual Offences Act 2003 was passed by the parliament of the United Kingdom in the year 2003 and it became law on the 1st of May, 2004. It replaced the entire gamut of older sexual offenses laws with more explicit terminology and wordings and created several new offenses such as assault by penetration, voyeurism, forceful attempt to make a child watch a sexual act and necrophilia.

The new rules were, despite some unhelpful drafting, held to apply to all trials that commenced after that date, irrespective of proceedings being already in train, or of their taking the form of a rehearing after a reference from the Criminal Cases Review Tribunal of a case initially determined under the old rules. 

The report aims to show a few cases through which the builder can have a clear idea about some of the proceedings that he needs to follow while dealing with his construction business in Australia. All these are supported by the cases that could make the builder or a construction firm aware of the legal conditions in Australia.

As discussed by Gross, and Hyman (2005) understanding a criminal case is not that easy as it has got lots of twists and turns. For practical experience and investigation of criminal cases, I opted to visit a case between Mr. Robinson and Ms. Janet Stephenson. It was a case at Preston Magistrates court 19/11/2008 case number 4, court 2 first floor.

It is almost a universal law that no person can be compelled to give evidence against himself. It is known as the privilege against self-incrimination. It derives from the Latin maxim nemo tenetur se ipsum prodere which literally means that no one can be compelled to betray oneself.  This is to preclude exposure to conviction for a crime.

It is quite essential to state that the precedent is rigidly attached to the hierarchy of courts, and the decision of a higher court is binding upon all the courts subordinate to it. Precedent is of importance to any legal system; however, in the UK common law, its effect is seen to the greatest extent.

The company should be aware that it has minimal challenges of being approved and be sure that in case it doesn’t meet all legal requirements it will have no otherwise other than being disapproved. Therefore, to avoid this wrath, I would like Blissful Estates that it should put into consider the laws of the land to be approved. 

In any firm, company, institution, and so on, advisory services are always needed for its proper running. Internally, the employees or members within the firm will need to interact well with the structures that have been erected (Madura, 48). Externally, the company still will need to interact with the environment surrounding it.

Criminal cases that involve decisions to prosecute fall under administrative law. Additionally, decisions or actions by government officers are governed by administrative law, unless where investigations are involved. In the case provided by the media report, Magistrate Edward DeVries suspended Michael's license for more than 10 months and directed the accused to pay $146.90 in addition to a fine of $900.

Presently, significant credit is given to the establishment of the legal policies within which the agency operates as being the great contributors to the success. Every person who operates and works within the agency is a subscriber to the Public Administration Law that has since been successful in its operations (Moe).  

It also made use of the statute of Westminster which led to the complete elimination of the British Government’s influence on Australia. Australia’s independence still allows the Queen of England to exercise her powers on the states only when she is present at the states. This is why the Queen of England is still the Queen of Australia.

Social structures that exist in society have greatly contributed to the increase in the crime rate in society. This is due to differences in social class that leads some group of members of a certain society to form their social class where they can find acceptance. This society ultimately turns to crime.