Law Essays

It is clear that the European Court of Justice is inconsistent in its rulings and bases such rulings on flawed reasoning. The court also faces a lot of limitations because there are conflicts between national laws and international law. Treaty articles do not provide direction on the issue of direct effect, but the court of justice attempts to apply the doctrine in the EU.

When it comes to the law and society, different aspects have to be put into consideration. The two are directly related in many aspects, but with the continuous change of both sides, it is easy for either law or society to change leaving the other behind. Changes in federal and state legislation all contribute to changes in the law.

Police officer's work is to bring order in the country of their residences. This is done by apprehending criminals through arrest and taking them to the court to be judged. It could very valid to label police as good guys, however, sometimes questions have been raised on how the police do their work to finally get the desired end result.

The purpose of this paper is to discuss the assessment standards applied in Moore Haven correctional facility in its aim to instilling correctional behaviour among the adults. Prevention Assessment Tool (PAT) was established to assisting in preventing civil citation programs as well as developing monitoring plans. Additionally, the paper will evaluate the effectiveness of the Prevention Assessment Tool.

In the public imagination, the policing of terrorism is often seen as being “synonymous with espionage and skullduggery” (Newburn 2003, p.467). Perceptions of the uncommon nature of terrorism activities coupled with images of specialist military units and political speeches further fortified such images in the public mind.

It is essential to state that research experiments findings are always bound to elicit a lot of controversies regarding how the research activities are carried out and how the outcomes are analyzed and presented. Yet since research study is the best way to gather facts about a population, it cannot be gainsaid. 

Normally, contracts are written though they might be spoken or implied, and usually have to do with employment, sale, or tenancy. In order to form a legally binding contract, the following elements ought to be present; (i) an offer, (ii) acceptance of the offer, and (iii) valid- lawful and valuable- consideration as discussed below.

Eyewitness information over the years has helped in safeguarding society from the criminal suspect that may continue to terrorize them over a period of time. However, false information presented by an eyewitness in police lineups may lead to the incarceration of the innocent individual while the culprit continues to pose threat to the community.

Violence conduct does not only include physical attacks, but also control and power tactics employed along a scale in concert with one another, such as sexual assault, threats,  psychological torment, emotional torment, property damage, economic control, social isolation, and behavior that causes one to live in great fear.

Critical thinking plays a significant role in the criminal justice system, particularly if well applied by criminologists and the justice professions. Most of their work involves probing and therefore, they must ensure that they ask permissible questions, and come up with evidence sources and criteria for analysis.

Police play a critical role as “gatekeepers” to the criminal justice system. To fulfill this duty, they employ a number of crime control strategies to govern public spaces. These strategies are often perceived differently by different stakeholders; for instance, some groups may appreciate the role of the police in controlling crime, while to some people, the actions of the police may see as targeting certain groups.

The most recent report by the Aboriginal and Torres Strait Islander Social Justice Commissioner (ATSISJC) reveals that the number of indigenous women in custody is growing fast among the prison population. The report further suggests that there are complex causes for the increase and the numbers vary from one jurisdiction to another (ATSISJC, 2008).

Banking services play a critical role in contemporary society. It is approximated that more than 90 percent of adults hold a bank or structured society account in Australia (Cranston, 2002). Hence the proper delivery of services by the banks is of importance to most of these customers. Like any other institution, banks must have competent and professional employees to deliver quality service and satisfy customer needs.

Various researchers have revealed that the huge population of society relies on media for info regarding crimes, thus they eventually end up forming their opinions regarding the crimes depending on whatever they usually grasp or go through from the broadcasting (for instance Tyler and Cook, O’Connell 1999).

A mistaken eyewitnesses can have a significant role in the conviction of the innocent. This has necessitated the need of finding ways of reducing eyewitness identification errors. Most of the reforms proposed, including the double-blind administration, have not been viewed as controversial in principle and many states have adopted them.

According to research, it is evident that switching to sequential line-up procedures from simultaneous procedures has reduced and lowered the rates of identifying innocent suspects as culprits. Miller asserts that if psychology was to be given away, it is important that we give away accurate information (1969).

Generally, a self-administered interview (SAI) is a tool used for investigating aimed at eliciting comprehensive information from witnesses in a quick and efficient manner.  It is informed of a standardized set of questions with clear instructions that require the witness to provide their own statements.  

In this reflection, I will focus on Social disorganization theory in an attempt to understand how mental health leads to deviance within the aboriginal community in the Northern Territory. According to AIHW (2014), the Northern Territory population has almost 30 per cent of Indigenous Australians while Indigenous people in the majority of the other jurisdictions are below 5 per cent of the population.

Over the years, there have been many cases of innocent individuals who are wrongfully convicted and end up spending many years behind bars. They undergo difficult agony in prison life that is associated with loss of freedom following the wrongful conviction. They are denied many years of friends, the ability to establish their professional life and most all their beloved families.

Violent crime among dealers is historically more attributable to drug prohibition than it is among users.  “When alcohol was an illicit drug, alcohol dealers settled their differences with firearms, just as cocaine dealers do today.  But two liquor store owners are now no more likely to shoot one another than are two taxi drivers.

Victoria was sent by her parents from Africa to live with her aunt, Marie-Therese Kouao. She died in London from physical and sexual abuse inflicted by Carl Manning and the girl’s aunt which had occurred from 1998 till her death in 2000. The two were ultimately sentenced to life imprisonment, but the repercussions extended to both social and police agencies which had not always responded adequately.

Since the treaties of Paris and Rome, the body has been creating, expanding and explaining the laws which have come up since its inception. Even though the legal system envisioned by the stalwarts of the EU is given high marks by many critics, there are those who say that the laws created by the body are cumbersome, a hindrance to the economy.  

Subject to the provisions of the deed, the trustee shall represent the owner and since rights of representation have passed from owner to trustee, the owner shall not be allowed to represent him/herself unless there is a breach of the agreement, which will render the deed as unenforceable.

The ethical and moral issues surrounding the use of the internet are in their infancy as are its communications capabilities. Society has been changed by the internet, a trend that will continue alongside the changing internet. The Internet is not the same form of communication as the broadcast media.

The Securities Exchange Act of 1934, mail and wire fraud legislation, and Internal Revenue codes have all been designed to reduce the opportunity for a business to gain an unfair competitive advantage. With the age of multi-national corporation and globalization, foreign corruption has become a bigger issue. 

The Patriot Act became federal law in October of 2001.  It was quickly accepted by Congress just a month and a half following the September 11 attacks.  The pressure to pass anti-terrorism legislation prevailed over the need to understand what the 342 page Act entailed.  Most Congressmen admit to not have read the Act before voting to pass it.

A general view of crime is that it is an offense of any kind against an individual or the state, which is punishable by law. This naturally adds layers to the meaning of crime. An offense per se would have to be at a level that penetrates social consciousness and is against the moral fiber of the society that we have created and that we live in. The perpetrator of the crime is the criminal.

The responsibility for pre-texting can be placed upon Patricia Dunn only if she specifically authorized the pre-texting. This can only be determined through the legal route, if Patricia Dunn is able to prove that while she authorized the investigation, she had no specific knowledge that the means used would be pre-texting, or that pre-texting had actually occurred, then she will not be liable.

The court opined that the plaintiff had suffered a personal injury due to such stress at his workplace. The court held that the employer is expected to safeguard his employees from workplace stress including bullying and harassment. The employer had to anticipate such risk and take adequate preventive measures.

The spouses must meet the basic criteria to demonstrate the availability of adequate housing facilities for living together. This adequate housing is defined as the availability of one-bedroom apart from kitchen and bathroom to living if there are only two people. Furthermore, the spouses must also demonstrate the availability of enough resources.

The maxim ‘absolute power corrupts absolutely’ has an undeniable historical basis. World history is steeped with examples of political figures that began their reign with the best of intentions but turned out to be the worst of tyrants because absolute power has a way of seducing men and transforming them into something they did not intend to be.

Access to justice comes at a price. It involves the investment of funds and time with no real certainty that the disputants will recover the funds spent litigating. Mediation, on the other hand, provides disputants with some measure of control over the time and the funds spent on conflict management.

The amendment reads: "A well-regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed."(Time Magazine, 2008).  Law enforcement officers and military personnel are placed in the position to protect and defend the general public and therefore should be the only individuals allowed to purchase, own, or carry a gun at any time.

The author states that defendant Doris Night took her daughter to lacrosse practice. The defendant got into an argument with another parent, one Rocky Hadson, about too much rough housing by the children on the field. After arguing for a minute or so, the victim Hadson, who was much smaller than defendant Night.

The author states that the story revolves around the murder of John Wright, found strangled in his sleep and the strange fact that his wife failed to take note of this horrible act which took place right next to her as she slept. In the real incident, covered by Glaspell, the 60 years old farmer John Hossack’s skull was crushed by an ax.

These rules come from the statutory provisions set out in the Criminal Procedure Rules 2005 and Civil Procedure Rules 1998, and a selection of case law which tends to limit who can be considered a witness for trial purposes. It can be determined if amateurs are in fact allowed to testify in situations where the area of expertise is sufficiently obscure.

Throughout the sixties, to date, there have been a number of computer crimes which have been covered and with the increasing level of sophistication in both hardware and software industries, there will continue to be even more spectacular cases of computer crimes. However, one case of computer crime worth discussing is that involving Adrian Lamo. 

Crime reduction is the process through various means of reducing criminal activity within a certain proximity. Although, labeling theory is a response from society or individual’s when an offender or non-offenders is apprehended by the Criminal Justice System. An offender who was apprehended (served 1-3 years), released, apprehended (2-5 years), released, apprehended (6-12 years), released for the third time.

Flag burning remains to be one of the most controversial practices in the United States.  The United States Congress is once again considering the passage of a constitutional amendment to ban the desecration of the American flag.  Protests to this intended amendment have already been raised in Congress and among the citizens as well. 

This essay set out to elaborate on the sentence “We recognize that while change is a challenge, it is also a condition of life”, with emphasis laid on practical measures that would bring about the necessary 'change'.  From the studies and findings that were perused for composing this essay, it is now obvious that there are proven mechanisms through which high-risk youth can be helped. 

Chauncey’s parents had issued a note in favor of their son’s boss to escape legal proceedings due to the embellishment of funds by the boy. Chauncey was found to have stolen $2000 from the store’s cash while working as a part-time staff. The boss demanded that the parents issue a note for the value of $2000 failing which he would move to court against the boy.

Sororities have their own rules maintained and written down as per which the member has to act. Nowadays a strong debate is going on regarding the rules of the sororities and how these rules are affecting the lives of the girl students on the campus. The main issue these days is regarding the consumption of alcohol by the girl students and how these students are being affected by it. 

The issue in this question is in respect of the removal of the prefabricated building and the swings would be dependent on the fact as to whether the land is registered or not. The issue is particularly important as the Land Registration Act 2002 would come into play if the land is registered and the land would clearly be an accurate reflection of the state of the title of the land.

It has been stated that in order to derive justice the principles of horizontal effect of directives have been used and so and indefinite period of default in respect of member states obligations is prevented.  One of the arguments in favour of horizontal effect is the equality in respect of the conditions of competition.

The UK case which Owen (2001, p 2-3) identifies as one in which corporate governance is controlled more externally than internally has faced the challenge of ensuring such sustainable long-term shareholder interest partly because of lacking the expertise and incentives but mostly because of ignoring integration into the social system.

More often teenagers are a target of peer pressure that makes them do things they don't want to do as Barret, et al. (2006, pp. 541-546) suggest. The community centers and government agencies should analyze and rethink their policy steps and measures to ensure that every child gets a safe environment at home and in school.

The public has a bitter complaint regarding defense attorneys- refusal to speak to their clients, abrupt conversation, or unreturned call. This is so because attorneys usually have caseloads, resources problem, and in most cases, different views of clients. Defense attorneys, due to many causes, may not remember their client names and faces.

The Court has the power to interpret the statute according to the rules laid down. However, the golden rule of interpretation lacks the skill to master the real intention behind the law. Whatever rule the courts are using it is imperative that they end up finding out the real intention of the legislature behind the enactment of such laws. 

It is a generally accepted and acknowledged fact that countries and states all over the world when initiating the task of lawmaking their constitutional framework provide foremost attention and to fundamental ethics, hence to further add to the plausibility that Hart's theory lacks at present these changes must be incorporated.

Only the Courts which have gone through this proper formal procedure have the power to pass the judgments. Once the law is understood with respect to the facts, and the judiciary has made up its mind with respect to the direction of the judgment, it then passes the judgment where it finally declares the law.