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The paper "Understanding Frolic and Detour in Relation to Vicarious Liability" is an outstanding example of an essay on law. In law, even though a corporation is recognized as a legal person, it has no ability to act on its own. As such, a corporation can carry out its functions through an employee or an agent.
This paper presents a mediation session between the landlord and the tenant with me as the mediator. The mediation commences after the landlord resorts to a legal court process seeking agreement on the reason that there was a breach of terms of landlord-tenancy agreements on the part of the tenant.
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If relations are overly strained that no meeting, let alone an agreement, is feasible, or you are fruitless in negotiating an agreement with the owner of the house, then critics normally advise for the inclusion of a neutral or third-party mediator. This is because both mediation and negotiations will be cheaper compared to a lawsuit and often leads to solutions that last that are normally less stressful.
Credit has to be given to the Intelligence unit for being able to decode their words and be able to avert the attack. I considered this strategy as an x-factor in curbing terrorism since it identify potential attack and appropriate measures taken to avert the attack.
A jury is a group of people who have sworn to be impartial in giving a verdict. The jury usually deals with the trials that are officially assigned to them by the court. In fact, the jury is a sort of institution consisted of people who do not have legal training to hear evidence and make sense of conflicting facts.
The US-based multinational corporations have engaged in unethical practices after employing labours at cheap employment rates and taking no liability over the interest of the labours outsourced from foreign countries. The government of the USA has initiated some implementations against the unfair labour practices that existed in the country.
Nevertheless, this tool encounters various obstacles once it comes into conflict with domestic laws of individual member states. Clauses within the EU Laws give it primacy over local laws in cases of conflict of interest; however, this notion
The judges’ tasks include sitting down and analyzing points of law and understanding the meaning behind these laws. When the Parliament passes an Act, this means that they have put into place a new law that has to apply in that particular country or area. When someone breaks this particular law, they are summoned to the court of law and eventually will have to answer to these charges.
South Hampton region is near the coastal area and is prone to flooding due to the hurricanes experienced in the area. The flooding in the area is associated with crimes as the area is also one of the towns where crime rates have been high since the late 1960s. Crimes range from property to violent crimes in the south Hampton Roads.
When Sue lend Peter the sum of 25,000 on 2nd April with 12% interest in return which Peter accepted, the agreement formed an executory consideration. This is because the lender; Sue, agreed to lend Peter the money based on her conditions which are, to be repaid before 1st July and with interest. Peter, on the other hand, promised to repay the amount with interest before the stipulated date.
People have aspirations related to economic stability and accomplishment while the opportunities available are insufficient for all or it can be said that the distribution of resources for getting economic accomplishment is an imbalance (Cullen, et al, 2014). This leads people to adopt deviant behavior to get economic success.
This study examines the use of Command and Control (CAC) in the enforcement of environmental regulations and various styles of enforcement. Environmental command and control is the traditional approach for regulating environmental pollution and the most common method across industrialized countries (Abbot, 2009).
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Like other practice areas, criminal justice professionals encounter decision-making situations. These decisions are regulated by standards and a code of conduct that calls for ethical practice. However, some situations do not involve straightforward decision-making due to challenges, barriers, and dilemmas that prevent ethical and timely services.
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The paper will adopt a qualitative research proposal to expand and develop the ideas. The study’s design framework will be an interpretive phenomenological methodology and the basis of the study is women experiencing challenges as they try to balance working and childcare responsibilities. The research will have literature reviews that will identify and justify underpinnings in the methodological approach through critical analysis.
The Union formulated laws to safeguard human rights and establish the structure of governance (Unit 6). Their aim was to protect human rights and equality by ensuring human freedom, dignity, equality, the rule of law and human rights. This study examines the sovereignty of the parliament to make laws and the extent to which the Parliament exercises this power.
On the other hand, a business takeover occurs when the ownership and control of a company are ultimately transferred to a new business entity (Spadaccini, 2007). Takeover arises when the overtaken business becomes insolvent. Business insolvency can occur when a company makes persistent losses as compared to profits.
The author states that corporate social responsibility is a management concept that helps organizations to integrate the environmental and social concerns by making some investment for the betterment of the society as well as for the stakeholders. Efficient corporate governance and social responsibility practices enhance the brand value of organizations.
The following essay will focus on two organizations, Stony Brook University and Suffolk County council, and their ways of countering potential risks. In Stony Brook University, the essay will majorly look into the general security and safety measurement the institution has during winter for the general safety of students, faculty, and staff.
Following the adoption of the constitution in 1989, the government of the United States, and state courts have utilized the force as a part of proclaiming an activity at the official branch or assembly as illegal in this manner making them invalid and void. Generally, the American courts are not only essential in light of the equity organization.
Controversies also present themselves about the whole family situation, especially about whether the undertakings by each family member is legally acceptable or not and whether there are unmet legal obligations vested in each party and in this case on the family members.
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The House of Commons reports case studies of sanctions such as ordering a young girl to cease spitting in public, banning a 15-year-old from carrying any materials that can produce graffiti, and coercing two young brothers from congregating in peer groups consisting of more than three individuals (House of Commons 2005).
It is a fact that human life happens to be the most precious and respectable thing in this universe. Sadly my speech has to do with the sanctity of human life. It is indeed sad and regrettable to acknowledge that in a free and democratic country like America, the death penalty is not only legal and constitutional.
Modern-day international trade laws are created with the objective of enabling fair competition in the global market. The laws seek to create the ability for all countries to venture into global trade competition. These objectives have led to the creation of fewer traffic barriers, industry product safety standards, telecommunication regulations and intellectual property laws.
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Most US states experienced a rapid rise in crime during the twentieth century. ‘The City That Became Safe: NY's Lessons for Urban Crime and its Control’ illustrates well how crime reduction was achieved during the 1990s. The book also clearly illustrates that the continued implementation of these policies will ensure the crime rates remain at minimum levels, not only in the US but in other countries as well.
The law of Anonymity for complainants in rape cases was introduced in 1976 and later extended to all criminal cases involving sexual offenses. The rationale for allowing anonymity for victims in rape and sex crimes cases was premised on the outcomes of a parliamentary discussion that came up with a number of grounds that made it fundamental to restrict the identity of sex crime complainants.
A legal system is a structure for interpreting and enforcing laws in a country. It includes a jury system, a bail, a patent system, a tax system, an electoral system, and the law. A jury system is a system used for determining facts in a lawsuit. The function of a jury varies between criminal and civil cases. In a criminal lawsuit, the jury determines the questions of facts and questions of law.
Texting while driving should be outlawed nationwide and the punishment for it should become stricter as this is a serious crime that has a tremendously big negative effect on public safety. Using a cell phone to text while behind the steering wheel significantly reduces the amount of control that a driver has over the vehicle.
the arbitration process is carried out in accordance with the principles of natural justice with procedures that are varied by parties to fit the size and complexity of the dispute being solved. In a small case, for instance, it may be heard on grounds of documentary submissions of the grievances alone which may reduce the cost significantly.
In the process of the arbitration, the parties in dispute can choose the language they deemed they are comfortable with unlike in the judicial proceeding where the county’s official language is employed by the competent court. Some nations find it much easier to enforce arbitration awards in comparison to the verdicts from the court proceedings.
The media can also create a barrier between the public and the law enforcing agencies through the types of information divulged to the public. If the media solely focusses on the shortcomings and the inadequacies of the law enforcement agencies first the general public will stop supporting them in the fight against crime (DeLisi, 2013).
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The ideal type is associated with Max Weber who argued that both an objective and a subjective, but, more detailed approach to legal studies was preferable. This approach captures a more robust and complex ‘reality,’ and although unrealistic, helps us to identify and segregate the diverse parts that exist in practice and institutionally.
Change is an inevitable constant in society, and people must be able to accept and embrace it and move on. The fight has been long, but there is a ray of hope finally as the use of this drug has been decriminalized, and will soon be legalized in California. This will form precedence to other states which are expected to follow suit.
In recent decades, the situational crime perspective (SCP) has been gaining prominence over conventional crime prevention methods. SCP comprises “opportunity-reducing measures directed at highly specific forms of crime; involve management, design or manipulation of the immediate environment in a systematic and permanent way as possible.
The issue of including State Dispute Settlement (ISDS) provisions in international trade agreements has become controversial, with varied opinions on the merit and shortcomings associated with these provisions for the member states. Nevertheless, based on the arguments presented in both letters to high United States officials, the response letter presents a better argument than the original letter sent to the officials.
Judicial review refers to the power of courts to look into laws, policies, decisions, and executive orders to test their constitutionality. Judicial review has the power to ensure that administrative decisions of public entities as well as the policies and laws established by these entities are procedurally fair and respect the constitutional principles of public administration.
Although crime rates have declined significantly in the United Kingdom, many young people are still held in prison. Several factors may play a role in advancing the discrepancy between these figures, mainly the criteria for imprisonment and the people tasked with delivering judgments. For instance, the law may require small offenders to be sentenced to jail, thus increasing the number of inmates.
one of the key assumptions is that the discussion generally applies to both local and foreign acquirers of commercial property in the UK unless otherwise specified. Moreover, the discussion also focuses on the acquisition of freehold properties, and that the shopping parade in the provincial UK town is to be acquired from a freeholder of property.
Deviance, therefore, does not result from the quality of an action that one commits but rather the actions of a social group to portray others as outsiders. Becker goes ahead to caution that the process of labeling one deviant does not necessarily mean that the rules that such social groups follow are devoid of flaws.
The sales contract, in this case, involves the buyer being Albert and the seller being Bobo shopping mall. The contract is created where Albert decides to buy the drier from Bobo and in this case, the two parties become bound by the contract. Both parties should ensure that they become aware of the terms governing the contract that they enter into.
The Australian Constitution provides for separation of powers between the central government and state government. Section 51 states that the Parliament shall respect laws and judicial decisions of all Commonwealth states. The Commonwealth parliament must therefore not make laws that undermine state laws.
Partnerships on the other hand refer to basically to associations of two or more individuals engaged in a business enterprise where the losses and profits are shared amongst them proportionally. this implies a business relationship where at least two individuals own as well as make decisions in the business.
The normal budget and timeline for every company that wants the protection of its intellectual property right are clearly stated in the World Intellectual Property Organization. This will depend on the category that you want to protect it. It can either be Industrial property which includes trademarks or commercial strategies.
The natural law theory is based on the principles of nature and natural laws. It is described by most philosophers as what informs the power of reasoning. This theory is one of the most common theories of law applied in legal academia and jurisprudence. The opinion of the Court delivered by Justice H. Black espouses natural law theory reasoning.
Generally, laws are crafted as systems of rules enforced through social institutions with the aim of governing human behavior. The idea of incorporating laws has existed since the start of times and was used as a way of solving disputes among individuals or communities. In ancient times, communities had societal tribunals which would hear cases arising among their members and give direction on the same.
The International Criminal Court was and still is a unique court that is treaty-oriented, independent and designed to be permanent. The founding countries intended to create a court that tackled complicated and gruesome international offenses, especially genocide, serious violations of basic human rights, war crimes, and crimes of violence. Since its enactment in 2002, the number of supportive members has decreased to 122.
As a fundamental principle of law, for any valid contract to be entered into between two parties, the elements of intention and consideration in a formal contract must be satisfied (Radan & Gooley, 2010). The element of intention in a contract agreement must have the dimension that confirms the intent of a legally binding agreement by the offeror.
The agreement designated Duke Ellington and other family members named in it as the first parties and the second party included music publishers primarily Mills Music, Inc. (EMI). His argument was that this arrangement allowed EMI to inflate
Of course there are obvious reasons why the US government may not desire any American citizen who is part of a terrorist cell to evade surveillance. However, after the initiation of the Patriot Act many instances have come up whereby some citizens are falsely accused of having an involvement in terrorism.
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Congress endorsed FATCA, the Foreign Account Tax Compliance Act, in 2010 to detect and prevent offshore tax evasion (Grinberg 30). The Act was first applied in January 2013. Based on its name, FATCA appears to be targeted at financial institutions only. Thus, many global organizations operating outside the US financial services market have mistakenly assumed that the law does not affect them.
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.