Law Essays

The contract is said to be an “exchange relationship created by oral or written agreement between two or more persons, containing at least one promise, and recognized in law as enforceable” (Blum, 2007, p.2). The premise that a contractual relationship is tied is to be bound and reach an agreement on the essential terms of a relationship.

The MacArthur Study shows that more than 80% of victims of violent acts committed by mentally ill patients are likely to be family members and friends. The study argues that mentally ill patients discharged from different health facilities are more likely to commit violent actions against their friends and family members than strangers.

A fixture is a term that defines anything that is attached to a building or Land and therefore becomes a part of the land by law. According to the law of property, land includes aspects such as the surface, constructions (buildings) or parts of the constructions’ and anything that is attached to land becomes part of the land as laid down by the Latin maxim, quicquid plantar solo, solo cedit.

Generally speaking, the issue of constitutional review is an important function of democracy. Constitutional review means that the sections of the constitution that do not meet the requirements of democracy are amended in order to meet the dynamic requirements that characterize democracy in many nations.

The law of tort is a part of civil law or the law of obligation.  A tort is defined as a civil wrong and therefore the law of tort provides a remedy in instances where civil wrongs are committed. Although there are different types of torts, the most common is negligence. Negligence is breaching the legal duty to take care, which results in damage to someone else.

The issue at hand, in this case, is whether Andy’s Hospitality Equipment entered into a contract with ten of its customers when it sent them a letter concerning the Quick Chill units.  In order for a contract to be formed one party has to make an offer and the other must accept. The offer and acceptance show that both parties are in agreement.

For directors to carry out their duties well it is crucial for them to be fully aware of the various duties and responsibilities expected of all directors. A director owes a company a duty to act in the manner that he or she honestly believes to be acting in the best interest and with the purpose of benefiting the company. Basically, the duties expected of the directors of a company are clearly stated in the general law and Corporations Act.

The laws have become a permanent vehicle for some religious extremists who use them to silence some debates by making claims of being attached. Therefore, this research focuses on the constitutionality of religious anti-vilification laws in Australia by examining not only the cases but also an in-depth analysis of the constitutional law.

A judicial precedent refers to the process whereby a follow-up of the cases that have been formerly decided is done regarding facts that have a similarity that is sufficient. This paper is concerned with the key rules of judicial precedent and its advantages and disadvantages for business and commerce. The stare decisis principle is applied in the judicial precedent doctrine which refers to the act of standing by what is decided.

This paper discusses misleading contact in trade and commerce, and the operation of exclusion clauses in Australian business contracts. The paper analyzes the elements one needs to prove in order to be successful in a misleading conduct action against a business. It also discusses the elements that need to be present for an exemption clause to be accepted into a contract.

Criminalization is one of the most used legislative approaches to regulating prostitution in a number of countries. In light of this approach, sex work can be made a crime in various ways. One way would involve making it a crime the provision sex services, criminalizing specific aspects of the prostitution sector, or criminalizing the sex service providers.

Years of research on deception have indicated that human beings are not any better than chance when it comes to the detection of deception. The research has revealed that there are minimal objective signs of deception. However, there is a possibility of creating deception cues through the utility of strategic interviewing techniques.

A sole trader can be described as a person running a business. This type of business structure is not only considered the cheapest but also the simplest. When people are operating their businesses as sole traders, they become the only owner and they manage and control the business. They are legally responsible for every aspect of the business and they cannot share losses and debts with other individuals.

Employers are able to be held accountable for the infringement of a statutory obligation even where the statutory obligation is owed by the worker individually and personally (Cousins, 2008). This situation would potentially originate within the harassment context in the place of work, where one worker has been bullied or harassed by another.  

For an agreement to be enforceable by the law, it has to contain four essential elements, including offer, acceptance, consideration and intention to bring legal action. This paper presents a case analysis while focusing on these key elements. Michael should be advised that it is not his subjective intention to determine the legal effects of the words.

Corruption is dishonest and fraudulent behavior by those in power for the purpose of attaining personal benefits. Corruption includes various forms of activities such as bribery and embezzlement. Corruption can occur on different scales such as petty corruption, grand corruption and systematic corruption.

The traditional forms of media such as print are not used as widely as they were earlier. There are new ways of conveying information, e.g. print media like newspapers and magazines; electronic media such as television and radio as well as the Internet which seems to be the most prominent in the recent days with the emergence of social media.

The FBI officers will develop clear-cut standards for the determination of minor and major offenses. For minor offenses, the use of excessive force would be unnecessary, but major offenses may guarantee the use of excessive force provided a certain defined threshold has been met. Public oversight will foster the promotion of improved policies.

The paper  “Law and Justice, Law and Freedom, Criminal Law and Civil Law”  is an appropriate example of a law essay. Law is the system of rules that serves as a primary social mediator of relations between people and are enforced by specific set institutions. The effects of the law are manifested through society in numerous ways such as within politics, and economics.

The universal right to create an agreement in relation to his company is part of the liberty secluded by the Fourteenth Amendment, and this comprises the right to purchase and sell labor, apart from when it is controlled by the State in the justifiable implementation by its police power (Larry and Jeff, 71).

A prime illustration is the Criminal Procedure Act 2011 that encompasses many reforms of an inquisitorial nature, for instance, the introduction of mandatory pre-trial case management procedures. Simultaneously, inquisitorial systems have evolved to integrate reforms that contain features of the adversarial justice system.

Generally speaking, though the Court’s decision in amending the legislation Workplace Relations Act 1996 by Workplace Relations Amendment (Work Choices) Act 2005 favoured the authority of the Commonwealth over the States, there has been concern among States that it would undermine the federal balance.

The role of trustees and third parties comes into existence when another co-owner is unable to buy the property. The issue is that there is pressure for the sale of the bankrupt person’s property and the trustee for the bankrupt is facing the legal issue about the co-ownership of the land of Bethan.

The Decision in the case of The Mabo(2) (1) recognized the native rights and legal and proprietary rights of the land of the native aboriginal people. The decision of the case was fraught with many serious consequences and sections of the mining and pastoral industries, and conservative politicians reacted angrily to the High Court's decision and urged the Commonwealth Government to overturn it by legislation.

Even from the benches of magistrates and judges, the proper discretion has been challenged on various occasions and the plaintiff has come out the victor. When judges were given the discretion of providing instruction to the jury on adverse inference, much of the protection provided by the privilege in the first instance at trial was watered down 

There are a number of issues that are of primary concern to the residents of the UK, and chiefly among them is how much they have had to adjust their lives in the shadows of the ever-present thought, surrounding the existence of terrorism. The newspaper articles of three to four years past, (and even today), constantly remind us of our need to be vigilant regarding our safety.

In this essay, the intention is to discuss some aspects of the theory and doctrine of criminal law, particularly those relating to offenses of omission in the discharge of “positive duties” to ‘people with whom we have a special relationship’; whether the ‘current principles on omission’ are in need of reform; and the meaning and ‘scope’ of “intention and recklessness”, the two important fault elements used in modern criminal law.

"The inevitable demise of provocation as a defense, which follows from the ruling in Holley [2005] 2 AC 580, is of particular concern as is the new framework for sentencing in convictions of murder which in removing judicial discretion from the sentencing decision prohibits judges from tempering the harshness of the mandatory sentence.

The doctrine of promissory estoppel plays an essential role in the law of consideration. It is not recognized, openly by contract law.   However, it applies to the consideration of a contract. The parties to a contract should be conscious that they are in a legal relationship, involving an exchange.

The 2004 DCA Consultation Paper discussed the attrition rate in the legal profession. It argued that women had the tendency to leave the profession much before they became a judge. The legal profession does not support women who try to obtain judicial appointments. This problem is mostly faced by solicitors. 

We gathered information on how to prepare for a mediation exercise. We learned that for the purpose of this exercise, the mediator has to understand each of the disputant’s positions, each party’s possible interests, and the likely causes of the conflict. During our meetings, we also noted that the mediator has to identify the likely risks that each party in the dispute is likely to face.

Ultimate satisfaction comes from things that are done with a clear impact on the selected objectives. In this case, having Woodfall Hospice Charity will not only create a positive impact on the involved parties but also turn out to be a motivating ground for involving in various corporate activities, as part of corporate responsibility.

There are many types of feminist perspectives and feminists and therefore there are adaptations to feminist criminology. This shows hence that no single form of criminology can exist. Although feminist criminology has its roots in the main feminist theories, the approach commonly known is grounded in the black feminist theory and the critical race feminist theory.

Child socioeconomic deprivation is one of the major causes of crime by children when they grow up. In recent years, London has been a scene of gun killings committed by young people. Most of the juveniles involved in such crimes have never known the comfort of a family as they have not been brought up in an intact family – where people belong with and to each other.

The use of the illicit drug has been not only an Australian concern but also a worldwide interest, especially on health and crime-related issues. Yearly, at least around 5% of the world’s population is perceived to use illicit drugs. Most of the common drugs across the globe are nicotine, heroin, marijuana, tobacco and meth/amphetamine.

The case dates back to the 1970s but it still raises quite a lot of questions concerning the events that led to the murders of the MacDonald family. Although Jeffrey MacDonald was convicted for the murders of his wife Colette and children, many questions such as if he was the only person at the crime scene or the possibility that he did not commit the murders are still being raised.

Executive, legislative, and judicial systems of Western nations attempt to determine the best ways of attaining this goal. The question that is however challenging is how to tackle domestic violence between intimate partners. It is hard to go by even though worldviews generally deem that domestic violence is detrimental to individuals.

Human behavior has led to rules with a legal force which guide it. This is what is referred to as sources of law. Sources of law may also be referred to as the supreme or the state from which the law originates its legitimacy or force. The aspects that have added to the improvement of law are also considered the sources of law.

Working with sexual offenders from the therapists’ standpoint is physically, mentally, and emotionally draining, and is thus easier to conduct it within the institutional confines of a prison. Monitoring and evaluation of the offenders become difficult when they are released (Smallbone, Marshall & Wortley, 2008). 

Either the gender crime definition is too broad to have a useful application, or the debate around gender crime legislation would benefit from becoming more clearly focused on provisions other than penalty enhancement. If the former is the case, perhaps there is no role in the enactment of gender crimes legislation in Australia.

Garland views that every tenderness and compassion shown to prisoners has a border and usually runs up beside an order that brutal punishment is inflicted on them. He feels that the civilization process makes people suppress their instinctual forces and especially push their hostility into their insensibility (Garland, 1993).

Generally, tax is a great means of income for the government in any country.  Governments have expenditures, which need to be catered for and these expenses cannot be financed by debts. In fact, soliciting funds through debts to cover the government’s expenses is the last option in any situation.

It is really essential to state that the Family Law Act of 1975 was amended and as of 7th June 2012 in order to give priority to children in cases of the child’s best interests when it comes to parenting. These changes were designed to keep the child from harm and determine the child’s best interest.

Community ranks groups of individuals in a bureaucracy through social stratification, which is dependent on four primary principles: It is a feature of the community, not simply an expression of personal variations, it takes on from creation to creation, it is worldwide but varying, and it includes not just inequality but values as well.

The disagreement could be a result of differing opinions, misunderstandings, beliefs, priorities, values, goals, or general views of life. In many instances, disputes harm or destroy relationships thereby pushing those involved to seek solutions either in the courts or through other means of alternative dispute resolution (ADR) and traditional court systems.

The Australian consumer law is a provision for the protection of consumers. The provision regulates or prohibits a range of unfair trade practices. The practices regulated by the law include misleading and deceptive conduct, making false representations in relation to the sale of goods and services, unconscionable conduct, and finally unfair terms in consumer contracts.

Copyright ownership gives the creators of various works certain rights over them from the time of their production up to 70 years after their death. Copyright can be transferred from one party to another one; the copyright owners can sell all or part of their entitlements to other parties but on specific terms and agreements (Davidson, Monotti & Wiseman 2012, p. 247).

Hume argued that if the government can be traced to its basic origin in woods and deserts, it would mean that people are the main source of power and jurisdiction. Therefore, people voluntarily abandoned their respective native liberty to promote peace and order which clearly indicates that people accepted laws both from their equals and companion.

The doctrine of law is remarkably wide considering that it has to cover every element in society. The two broad categories of law fall under civil or criminal law (Furmston, Cheshire & Fifoot 2006). These are the two broad jurisdictions instituted by law. The major difference between civil and criminal law is the sentencing after the accused party is convicted.

Culture is a term used to describe a set of values that members of a particular group hold dear and norms that this group chooses to follow as well as the material goods that the group creates. On the other hand, society refers to a system of relations that connect people who share a similar culture. Culture and society have an inevitable nexus with each other.