Law Essays

The Petitioner and Appellant are Lila Peterson. The Respondent and Appellee are the State of North Dakota. The case deals with the issues of Law on whether under the Law there was a lack of care for the dogs Lila. Secondly, the case seeks to find whether there was probable cause to confiscate the dogs. The following is an analysis of the case. The analysis looks at the issues of Law raised by both Statutory and Case Law.

Generally, when we examine the business that James and Matthew run, we recognize that their business is a partnership. Their intention to run a company between them and their cousin as shareholders is a wise move. The legal issue of the benefits of a company is contained in the Corporations Act and ASIC.

The previous Workplace Relations Act and its predecessors were narrowed in the application of ‘general protections ’ and therefore a new system was introduced by the Fair Work Act 2009 (Cth) which replicated the key aspects of anti-discrimination laws and in some cases enhanced protection to vulnerable employees and significant others.

Towards the end of the first decade of the new millennium, Parliament enacted a law that was meant to raise the standard of labour laws in the country. Known as the Fair Work Act 2009 (Cth), the new law promised general protections that were not fulfilled by its predecessor – the WorkChoices legislation.

A refuge is an individual who is outside his or her country because he or she has been forced to flee due to persecution, violence, or war (Saulnier et al. 315). A refugee fears persecution due to his race, nationality, and religion and is unable to get sanctuary from his or her country of citizenship (Saulnier et al. 315).

The agreement between Mr Davison and Dream Kitchens is a mixed contract in that it involves the supply of both goods and services. Dream Kitchens has also subcontracted an electrician. Law regarding this area is Contract & Tort. The main statutory provisions around this scenario are covered under the Consumer Rights Act 2015 (hereafter CRA 2015).

The case involves the murder of a British 17-year-old lady in Southampton on 14th march, 2003. It took the police and the court 5 years to pursue the case and bring the perpetrator to justice. The criminal activity was carried out by a 40-year-old Indian immigrant who had migrated to Britain 8 years earlier on grounds of marrying his long-term girlfriend who was a Briton.

In the case of cross-border mergers, the process could imply changes in the quotation place or the currency quotation; therefore, the acceptance of the shareholders to the quotient changes might be limited. The challenges presented by cross-border mergers are very complex and require overcoming numerous execution risks to yield successful results.

In many courts of law, one is presumed to be not guilty until proven otherwise by the evidence. This however has not always been the case.  Many years ago in England, one could be proven guilty if they failed to win a sword fight. Kings would accuse someone based on mere suspicion or torture someone in order to obtain confessions

Intersectionality is another approach that provides an understanding of how gender is related to crime. The approach recognizes the fact that systems of power such as gender, class, and race do not act alone to shape people's experiences but rather they are simultaneously experienced and multiplicatively linked.  

At the beginning of the 19th century, marginalized youth groups i.e. of Aboriginal descent have hence been recognized as a social problem within Canada. This has mainly occurred in western countries. Marginalized youth groups are adolescents who come together with a common agenda or are affected by a similar issue such as crime.

All the development of roads, and administrative economic, and social issues have been left to Australia. Eurasia has shown a lack of interest regarding the provisions of the treaty on Koala Island. The insistence on Koala Island being inherently part of Eurasia also defeats the intents of commonality of aspirations as set out in the treaty.  

It is essential to state that the Dividing Fences Act 1991 sets out the rules regulating how the cost of a dividing fence, a common fence that separates the land owned by adjoining landowners, can be shared among the concerned landowners.  It also specifies the types and specifications of the fence.

According to George and William (2001), the decline in crime rates in New York City especially in the last decade of the 20th century was a result of a collective effort by the inhabitants of New York and the police force in implementing policies and police strategy, alongside tactics initiated by the Mayor and his police commissioner William Bratton.

The reference also provides a legal definition of the item based on legal dictionaries and experience through the Authors’ career life. According to Friedrichs (2009 as quoted in chapter 2 of the book), definitions of crime are beyond the explanations traditionally provided in criminal law and involve more forms of harm. 

A banker’s position comes with numerous legal and moral responsibilities and duties. The responsibilities of a banker are contextualized within the banker-customer relationship. Such context gives birth to different forms of relationships such as debtor-creditor, agent and principal and guarantor and guarantee relationship.

Australia has sophisticated but stable banking and non-banking financial institutions which have been providing a full range of banking and financial services and products. The histories of these institutions are healthy and so are the services offered. The banking market of Australia is controlled by four major banking financial institutions and a range of non-banking ones that offer business banking.

In reference to the provided case involving the transaction between Roland and Belle, G Shepherd and Co, David from Pitt and Bull solicitors and Basil the assessor, four key legal issues are evident. Firstly, this case raises the question of whether there is any legally binding arrangement between Roland and Belle and their real estate agent, solicitor and assessor, particularly in relation to the asbestos insulation.

A contract can be defined as a legally enforceable agreement or a legally binding agreement between the parties. More importantly, the agreement must constitute an offer as well as an acceptance. Breaches of the contract have become common in various industries. These breaches can be done by employers when they fail to pay or the contractor’s inability to perform according to the contract.

This research tells that the UK Parliament is averse to relinquishing its supremacy, but the fact is that such sovereignty is inconsistent with being a member of the European Union. Despite, having such misgivings, the UK Parliament ratified the Single European Act of 1986 and the Maastricht Treaty of 1992.

Fortunately, there are sections of people around the world who recognize the fact that animals too have a right to exist and lead a life free from torment. Under the circumstances, it is heartwarming to know about this singular piece of legislation from no less an institution than the great Mother of Parliaments.

It was held that such clauses were neither effective nor binding upon the other party. Such action is classified as misleading behaviour, and section 52 of the Trade Practices Act disallows such misleading terms in contracts. Furthermore, such terms create the wrong impression in a party about the meaning of the exclusion clause.

To do so, the United Nations had constituted bodies such as the United Nations Commission on Human Rights in 2005, the United Nations Human Rights Council. Yet, when it comes to enforcement of international human rights laws, the nation-state's responsibility lies. It falls on the state concerned to safeguard human rights practically.

In the case of R Cheshire 1991] 3 All ER 193, Beldam L.J asserted that “it will only be in the most extraordinary and unusual case that such treatment can be said to be so independent of the acts of the accused that it could be regarded in law as the cause of the victim’s death to the exclusion of the accused’s acts”.   

This essay analyses how organized crime gangs in the U.S.A have developed themselves as a social institution in which the U.S government is exerting much pressure to rout its existence.The main function of organized crime activity is the provision of illegal goods and services, loan sharking, gambling, narcotics, and other kinds of vice to gullible members of the society (Task Force on Organized Crime, 1967).

As we all know, human rights violations have been a popular issue in our world today. There have been numerous cases in different countries where atrocities committed against human beings are committed. Faces of human rights violations appear as rape, human trafficking, massacre, genocide, slavery, etc.  

Therefore, there is no denying the fact that justice is a concept that is always open to relative interpretations, by the very nature of its broad scope. Hence, the biggest achievement that a society could boast of is to allow its legal system to imbibe this relative and variegated aspect of justice, so as to be positively evolutionary and fresh in its approach and scope.

The UK Government is liable for damages, in respect of the non – implementation of the directive. The EC constantly enforces the infringement policies and applies pressure on the Member States to harmonize and discharge the Community obligations. Therefore, Bob can impel the EC to compel the UK government to implement the Directive. 

Since the enactment of the Patriot Act, controversy has covered it. While its proponents deem it a necessary evil in the face of new threats to America in the dynamic global political climate, to civil libertarians, it is an unpatriotic means of infringing on individual privacy rights and on free-speech, interfering with freedom of the press.

Both arguments for and against it are not fully acceptable to all and no clear line has been drawn yet as to whether this type of research is beneficial or not. Governments world over have had these debates with the various stakeholders including scientists and animal rights activists and at many times there are no concrete deliberations.

Where this deterrence-based approach was seemingly a more philosophical appeal to the individual’s sense of free will and his participation (or not) in the social contract, it quickly became apparent that the path was paved for irrational sentencing practices and the disregard for extenuating circumstances.

As society has evolved, so have the methods and processes of capital punishment. Public hangings, stoning, decapitation, or burning at the stake were all acceptable methods of capital punishment that were historically used. Today if an inmate’s life is going to be taken as a result of punishment for a crime he or she committed, many believe it should be done as humanely as possible and that all measures to prove guilt have been accomplished.

Such a person can refuse to supply information to the interrogating authority about the offense's occurrence (Hocking and Manville 63). Moreover, he can refuse to divulge information about the identity of the participants in the crime.

This means that there is no need to issue an injunction because the defendants do not seem to have any power to dispose of or destroy the aforementioned property. Refusal of a freezing injunction can also arise where the applicant fails to prove that the defendant is capable of disposing or destroying the property.

Finally, the all-important members of the European Union and its effect need to be discussed. The development of the English Legal System was based on the fact that it was sovereign and independent and was therefore not accountable to anybody, however, this has arguably been changed by the membership of the European Union. 

The technical definition of pedophilia is a psychiatric diagnosis made by qualified psychiatrists or psychologists. Thus, for most people, the term pedophilia is not a legal term but a diagnostic one. Prosecutors and law enforcement in cases involving computers frequently use the word pedophilia (Borgeson and Kuehnle, 2010).

This study analyzes appropriate literature to investigate several aspects of tribunals among countries, including the influence of cultural and political differences among nations, the consequences of not having tribunals and the demerits of tribunals. The study establishes that tribunals help avert the escalation of international disputes and their consequences by providing an acceptable way for nations to solve disputes.

The paper "Types of Intellectual Property Rights" is a perfect example of an essay on the law. Intellectual Rights can be treated as the juridical concept which refers to formations from the intellects and for which exclusive rights are granted. According to the intellectual property law, ownership rights are granted to a variety of intangible assets which include musical, literary works.

The result is, opponents of the death charge should confirm that capital punishment satisfies neither of those goals. We have to change the death punishment as well as capital punishment with living without having parole, a less dangerous and much more affordable option. An indisputable summary of the capital punishment process would be that the death charge is used in an unequal style.

One of the most controversial responses to illegal government action is the Exclusionary Rule as it provides that the prosecution may not introduce evidence obtained through the violation of a defendant’s constitutional rights, at least for the purposes of providing direct proof of the defendant’s guilt.

There is a massive ignorance community about treatment and closer examination of prisoners and the mentally ill. In Dr.Scull’s book, he claims that community-based treatment of prisoners can be much more effective than institutional treatment and this means that the community is bound to help these victims recover quicker than in institutions.

Various initiatives and legislative steps have been taken by the government of India to fight against slavery and human trafficking. Through the Immoral Trafficking Prevention Act (ITPA), the Government of India penalizes individuals who are found to be involved in human trafficking for commercial and sexual exploitation

From the medical report, the injuries suffered by the plaintiff were not life-threatening although there were serious. The nurses, however, said that the patient did not only suffer physically but also mentally. Accordingly, they recommended counseling, which would enable the healing from the psychological trauma of the incidence.

Americans consume more marijuana than any other recreational drug apart from tobacco and alcohol. It is estimated that 80 million American citizens have, at one time or another in their lives, consuming Marijuana. Approximately 11 million Americans continue to consume the drug in various forms, in spite of existing laws against this in the majority of states.

The interpretation and application of the law are in the hands of the judicial branch of the state and federal governments. There are namely two broad administrative divisions of the US court system – the state and the federal. Each of these divisions is completely independent of the legislative and the executive branches of the government.

Domestic violence on children refers to the impact that is directed on a child who grows up in a family whereby the parents/spouses are always abusing each other. This research will cover the effects of domestic violence on children. It is difficult to count and measure the extent of domestic violence and hence it becomes difficult to be definite about the number of children who are affected or who suffer the effects of domestic violence.

The Vermont government has been thinking about a decree to request Congress to release disclaimers to states that want to push down the minimum age, and supporters of liberalization are drawing public attention nationwide (Frost et al., 2009). A widespread issue is that the age-based ban has not been more ‘effective’ than the universal ban. 

Judges have the duty to interpret the law consistently, fairly and remain firm from political interference. Due to the primacy of having impartial judges, the judicial selection process is very significant. The American Bar association averted this issue in 1937. The House of Delegates accepted the law of merit selection of all judges. 

The use of marijuana in America became a problem when there was the regulation of the use of the drug for medicinal purposes but not for recreation. Marijuana was used as a major content for medicine and was openly sold. It was until after the civil war and Mexican revolution that the drug was introduced to the American culture. (Berlatsky, 2012).

It should be understood by all that drug abuse is a very serious societal ailment which should be controlled and ultimately stopped. It is a cause of retrogression in every other society. Everyone should therefore play their part to ensure the war is a success. One person’s drug problem should be taken as a problem of the whole society.