Law Essays

All studies involving adoption indicate that there is some degree of genetic predisposition to crime. This evidence for genetic predisposition has been discovered by several research groups, which are independent. The heritability for crime has also been documented in different nations exemplified by USA, Denmark, and Sweden.

The government’s inaugural budget included an additional $138m to fight welfare fraud, with projected net savings from improved compliance of $600m over four years (Ludwig, 2008b). In early 2009, Centre link announced the allocation of $43.2m to boost the anti-fraud, call center, and online infrastructure capacity (LeMay 2009, p. 215).

It is quite essential to state that the first case, which is preceded by Justice J BUTTON, is a case that involves R V John Visser preceded in the Common Law Court.   The case, which commences at exactly 10 am, on 5th September 2012, was in court 11D along the court of NSW 184 Philip Street, in Sydney.

The power of the court to review administrative action is a vital aspect of the rule of law. It involves the means by which an independent judiciary is summoned upon to establish whether an executive government arm has acted within its jurisdiction to exercise executive powers as dictated by the law.

The report begins by giving an introduction of what a business entails, giving some of the common and statutory rules applicable in business, any drawbacks or benefits of being taxed as a business, how to determine if an Enterprise is a business, and lastly whether there are any negative gearing in Division 35 provisions.

Based on the facts Adele is guilty before the law of killing the husband, and the prosecution has pressed for murder charges as stipulated by s3 of the Crimes Act 1958 (Vic). Under this Act, the case of murder will only be considered under four categories. The first category is defined as intentional murder and involves a situation where someone carefully plans and set outs to cause grievous bodily harm or to kill.

The 2008 Malaysia/Singapore case in the ICJ is a landmark case regarding territorial disputes. The dispute was concerning the territorial sovereignty of South Ledge, Middle Rocks and Pedra Branca/Palau Puteh. Palau Batu Puteh/Pedra Branca is a 137 by 60 m islands located in the Straits of Singapore a busy maritime corridor.

As pointed out by Woellner et al. 2012, capital gain tax is charged when one sells or disposes of assets which include both tangible and intangible assets. This contributes to revenue for the country but in case a person makes a loss then they are not liable to pay tax on the capital loss. According to the Australian tax laws, computation of capital gains enables one to meet their capital tax obligations thus being law compliant.

Since May 1996, the possession of firearms in Australia has been strictly limited to the persons considered responsible. Over the years the legitimacy of firearm ownership and authorization of firearm markets have been governed through firearm regulation schemes. For instance, firearm regulations in all the Australian states and territories are enhanced through National Firearms Agreement (NFA).

The case of Lord Macnaghten, Salomon v Salomon & Co Ltd, highlighted some of the important issues with regard to the relationship between a company and its owner. Legally it was determined that a company is a separate entity from the owner. This means that a company has a dual nature as dulia nature both as an association of its members and a person separate from its members.

In Western Australia, Professional Conduct Rules 2010 (WA) outlines the duties of the lawyer to the client as well as to the court. According to section 5, a practitioner’s duty to the court and the administration of justice is paramount and it prevails to the extent of inconsistency with any other duties including but not limited to a duty owed to a client of the practitioner.

According to Section 5A Sentence Administration Act 2003, the degree of risk that Mr Bloggs poses to the community with regard to the possibility of recommitting sexual offices is essential in the determination of the seriousness of the offense. The release of Mr Bloggs based on witnesses' and victims’ accounts appears to affect the personal safety of the victims in the community.

The report analyzes the use of mandatory sentencing in Western Australia. Mandatory sentencing has been explained including a brief description of the historical aspects of the law as well as what the advocates of the activities aimed to achieve. The report aims at looking at the introduction of the law in Western Australia as well as what the law entails.

This report aims at examining the influence of perpetrator victim and participant sex on perceptions of victim responsibility in cases of stalking (Scott, Gavin, Sleath, & Sheridan, 2014). The report details and brings in the relationship concerning the development of a relationship between Sarah and John.

The investigation commenced with the designation of the investigator to undertake a fact-finding investigation by focusing on the evidence from the formal complaints and responses of the accused and having interviews with relevant parties. Determination of the identity and contact information of the person alleged to have committed the crime and established some of the policies alleged to have been violated.

According to researchers such as Lombroso, Raffaele Garofalo and Ennrico Ferri, crime is caused by many factors. These factors include physical, anthropological and social. However, there are various theories that examine the main causes of crimes. Furthermore, the paper explains what constitutes a crime. Some of the theories is the positivist theory

Companies in Australia are required to prepare a financial performance, financial position and cash flows by submitting annual reports. The statement of financial performance is used to show the proceeds and expenditures that a company incurs over a financial year and also illustrates the balance of retained profits during the start of the year and reserves transfer (CPA Australia, 2014).

The Rehnquist Court dates back from 1986 to 2005. A lot of transformations took place within the Supreme Court. The Chief Justice of the United States was known as William Rehnquist. Rehnquist influenced changes within the Supreme Court of the United States. For instance, he furthered on the existing conservative policies.

Signed into law in the year 1990, President Bush acknowledged the act as America’s new and historic civil action that will take care of the comprehensive needs and equality of people with disabilities.  The enactment of the ADA act shed some light on American society and was much promising because it was considered as a watershed in the history of civil and disabled human rights.

The domicile of dependency primarily related to children under the age of sixteen based upon the domicile status of the father at the date of birth. In cases where the domicile status of the father changes while the child is still dependent or under the age of 16, the child’s domicile status follows that of the father’s.

As was stated by  Balcombe LJ  all relevant evidence needs to be admitted and judges should be trusted to be able to give probative weight to relevant evidence. The exclusion of any evidence, especially in a criminal case, poses the danger of potential injustice that could result in the withholding of valid hearsay evidence.  

The author states that it is therefore crucial to understand the concept of legal personality and its implications. It is precisely the objective of this paper to explore the concept or concepts of legal personality and determine the acts that make a legal personality subject to criminal or civil prosecution.

By legally allowing the licensed and unlicenced gun holders to enter public transportation such as the buses, trains, some of the local airport where MARTA has a station and restaurants; Georgians will be at risks of becoming a victim of criminal events which involves the use of firearms. In the process, it is not only the local residence, restaurants, and public transportation employees.

In criminal law R v Shivpuri (1987) was the first example of the usage of the statement. This case overruled the precedent set by Anderton v Ryan. (1985). Although the House of Lords has acquired the power to overrule precedents cases such as C v DPP (1995) seem to suggest that the judges would often prefer it if this were not the case.

To some, prostitution should be legalized as one way of making it legitimate and thus provide a framework for its contribution to national economic development. At the same time, others think that the legalization of prostitution shall not make it legitimate. However, despite the heated debate regarding this issue of prostitution in our society, there is a consensus across all sides that it is indeed a deeply rooted problem.

The future trends in privacy norms would attach greater significance to the need for total encryption, in terms of several layers of privacy and confidentiality, and also through a process of involving everybody in the war against cybercrime by encouraging scholars, experts, and professionals of cyber law to engage more abundantly.

HIPAA also imposes the rule of keeping a record of all the disclosures of patient information other than that of treatment, payment, and operations that also necessitates the production of a system of increased policies and procedures to keep track of all paper records and electronic information that requires even more investment (Kilbridge 348: 1423-1424).

The practical and the operational needs as well as the aspirational longings of the society for justice is still satisfied by how our Courts interpret and administer laws, through their decision making that takes into account public opinion and the changing norms of society. There is no single theory that is applied.

The Role of the Supreme Court in American Politics: The Least Dangerous Branch is a law and political science book written by Richard Pacelle. The book was published in 2002 by Westview Press in Connecticut. The author of the book is a lecturer in the department of political science in the Georgia Southern University.

Of course, the intervention of science is critical in confronting a series of health problems; however, fertilization is not exactly a health problem; for this reason, borders should be set – which exist in any case in all health – related issues – regarding the potentials of the science to intervene in human functions 

Emergency medical treatment and active labor act (EMTALA) has been a crucial step towards guaranteed medical examination and test for emergency cases. Since its enactment, it has helped to terminate undesired medical practices for emergency treatment. The act, however, is not fully accepted by some medical practitioners

Criminal justice in the U.S. bears much promise, although great challenges arise due to the fact that the United States has more than 310 million population, the third largest in the world after China and India. It is also a multi-racial society, a melting pot of races, attitudes, and mores (Geography, 2010).

This paper considers just two major theories of crime causation: the cultural deviance theory and the theory that is called “critical criminology.” The basic elements of each theory are described, and then the two theories are compared, bringing out similarities, differences and any potential improvements that could be made to enhance each theory.

Drug-related crime is a vital issue that leads to injustice and curtails socio-cultural and economic development in society. Within this context, drug-related crime in America curbs the development process of society as a whole. When individuals indulge in drug-related crimes, the best possible way to get rid of the same is through rehabilitation and follow-up programs.

Generally speaking, it is essential to state that women’s numbers in law enforcement agencies are not truly reflective of their true potential.  Moreover, a low number of women in law enforcement agencies present unique challenges in a society that is egalitarian and non-discriminatory in structure.

Hopton (1) defines money laundering as that process in which criminals conceal the origins of their possessions and the ownership of their proceedings of criminal activities. Their whole objective behind doing so is to maintain control over their illegal possessions (income, wealth or property) by covering them unlawfully.

The author states that elucidating the importance of the Iowa caucus would be unfruitful without first explaining the actual meaning and the history of the Iowa caucus itself. Iowa is a state in the United States of America which has many different counties. Caucus is a meeting of members, supporters or workers of a party.

The author states that the righteous get rewarded in some way or another. It was clearly shown and depicted what was correct and upright, as well as what is considered improper. But now, times have changed. Now are the times that there is cloudiness over the boundaries of right and wrong, which makes the wrong seems right.

The author explains that this clause was adopted as a reaction to the abuse of the writ of assistance, which is a kind of general search warrant. Search and warrant should be limited and adhering to specific data or information given to the issuing court normally by a law enforcement officer.

It has often been said that people’s life depends more on their personality than what the world makes of them. How a person views life determines his/her interactions with the outer world and the overall judgment of the world towards the person. According to these sentiments, success is never an absolute factor but a variable factor that depends on personal points and according to the views of an observer.

Juvenile delinquency remains an issue of concern across American societies. The consequence of this rising concern has been increased matter to understand the factors and how these factors help dictate juvenile delinquency trends. Various databases have as well been developed to define the challenges juvenile delinquency presents to society.

There is no doubt that all schools have a role to play through all the effective means required to maintain a disciplined and effective learning environment. Despite the simple teachers’ responsibility to ensure children the safety of the learners, students and teachers cannot productively engage in an environment characterized by disruption and chaos.

The Health Insurance Portability and Accountability Act (HIPAA) of 1996 has been a great leap forward in protecting patients' rights by putting restrictions on health data flow and usage.   The renewed sense of privacy and security in the healthcare sector attributed to it this new legislation had its unique impact on technology as well.

Study of criminal behavior and mind; criminal psychopathy and juvenile psychopathy are very important aspects of today’s society. Socialists have figured out that the criminal behaviors assessed can be significant for the safety of people from severe criminals. Their behavior can be judged and predicted once it has been studied.

The first legal issue is the existence of an offer into a valid contract. Rich is interested in Sammy’s performance and negotiates an agreement. The condition in which Rich is to meet Sammy’s expenses implies that he made the offer. A party’s intention to be bound by his terms validates an offer, Lucy vs Zehmer 196 Va. 493, 84 S.E. 2d 516 (1954)

The second Amendment of the constitution of the US states that all US citizens have a right to own and carry arms and ammunition and this right cannot be infringed upon (Uviller 21). There are different perceptions about this amendment of those who are against it and even those who are in the favor of American citizens owning and carrying arms.  

Generally, in the year 2001 USA PATRIOT Act, it has been observed that the United States has been increasingly monitored as a country that spends more on prison industrial complexes as compared to educational institutions such as public schools (Project Censored, “Signs of an Emerging Police State”). 

The federal court system has three levels that include district courts (trial courts), the first appeal courts (circuit courts), and the Supreme Court of the United States. The federal courts have limited jurisdiction since they can only hear cases that are authorized by the federal statutes or the United States Constitution (Connor & Hammons, 2008).

This uses trigonometry or string method. Experienced and trained professionals who might not always be in a normal crime scene normally do an analysis of bloodstain patterns, which is scientific. When one is in a crime scene, the specialists may use different opinions and definitions, which might be confusing to the average people and investigators.

Generally speaking, the story of the Lorax is a famous children’s literature written by Dr. Seuss (Theodore Geisel), who argued that his inspiration to write the book was a result of the fret he had as a result of having read a lot of dull things on conversations that had a lot of preaching and statistics.