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The “Family and Medical Leave Act of 1993” was passed into law on February 5, 1993, as Public Law 103-3 upon the signing of Pres. William Clinton (H.R. 1--103rd Congress, 1993). The House approved it on February 3, 1993, while the Senate passed the same the following day, February 4, 1993 (H.R. 1--103rd Congress, 1993).
In order to analyze the extent of the effectiveness of hypnosis, comparison of other investigative techniques had also been done. The results were obtained by carefully analyzing some of the cases which had been solved with the help of a hypnotic investigative tool. The research was backed up my many theoretical aspects of hypnosis.
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From Johnston and Stewart (2000), it is clear that family courts ensure that the best interest of the children is given priority by determining the appropriate custodian from the parents. In the court’s determination, it must be clear of how the children visitation rights by the other parent will be ensured.
There is a line of authority in UK courts also known as the West Mercia principle, indicating that company directors are required to take into account the creditors’ interest not only when it is obvious that insolvency is eminent, but also when insolvency is a significant threat. When the threat is significant, directors are required to take steps calculated.
As the paper, Tenth Amendment and Constitutional Interpretation, highlights, clearly, the size and complexity of the United States federal government means that this Amendment must have many exceptions. The question, then, is not, “How did the 10th Amendment limit the power of federal government?” but rather, in what ways does it not?
The victory of the Conservatives ended a decade rule of Labour. A Coalition Government was created between the Conservatives and the Liberal Democrats and Justice Secretary Kenneth Clarke scored predecessors for a justice system gone awry, reviving the “punitive populism” criticism often hurled against Labour’s handling of crime and sentencing.
The author states that the problem can also be traced back to the incidents such as global war, which gives enough time and resources such as ammunition to that particular gang interested in causing sleaze and bribery. The absence of effective policies to run an institution or a government gives rise to the much-needed security of public property.
The author concludes that recent gun shootings at Virginia Tech and at Newtown have compelled the American government to rethink about its gun-control policy. Due to Second Amendment and due to strong lobbying from NRA (National Rifle Association), Obama is not successful in enacting a strong gun-control law in the U.S.A
In contrast to social work that women used to do in the past, they have changed in reliance on the law point. The only withstanding is the kind of criticism that they experience in one way or another. For instance, inappropriate policy on pregnancy and childcare issues where women officers should be undergoing paid leave for a specified duration.
The author states that organized crime has been able to operate in various levels. The transnational organized crime consists of engaging in the illegal activities in more than one jurisdiction. This has become a worrying trend because there is no appointed court that has been created to deal with such cases.
The pluralist view of industrial relations recognizes the divergent positions of the employer and worker – the employer is motivated largely by profit, while workers are interested in acquiring decent conditions and occupational security. Due to these conflicting goals, tension exists in the employment relationship.
The copyright will be in force until the expiry of the author and seventy years after the death of the author. Copyright proprietors can obtain protection against mechanisms that have been developed to evade technological protection devices. This will enhance communication by permitting the use of instruments by the owners to prevent access.
The procedure of justice begins with the magistrate courts that form the smallest unit of a criminal justice system. Only the more serious offences are sent to the Crown Court to be dealt with by a judge and jury. Rights of the defendants are kept in mind at every step of the criminal procedure and the defendant is given various rights.
Most commonly, the ethical and cultural characteristics of its population; in countries where culture and traditions are strong, their influence on the national laws and ethics are expected to be decisive. Different results would be observed in countries where the rights established by the law are considered to have the primary role in the regulation of all aspects of human activities.
The author states that the strengthened position of consumers is further highlighted by the fact that the SGA definition of “business” is wide and does not require evidence of registration. Therefore if the buyer satisfies the “consumer test” and the “sale is the course of a business!”
The fourth amendment of the United States Constitution states that “[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by Oath or affirmation.
The author states that unfortunately, there are a few police officers who willfully operate beyond their powers. The reputation and credibility of the police force are tarnished these unscrupulous officers. It is to be borne in mind that the actions of even a single officer can cause community distrust.
Cross and Tapper propose that it is “not difficult to find support for the view that English law recognizes standards other than those of proof beyond reasonable doubt and on a balance of probabilities.” They explained that there are instances where a case “must be proved to a higher degree of probability that the balance of probabilities.
An estate in land can be considered as tenancy, which is being granted for a specific period of time – “fixed-term” or” term of years.” For instance, a tenancy may be for six months or for 12 months or for 10 years or 99 years, etc. Further, a tenancy may be given for a shorter specific period of time.
Another noteworthy aspect of this contract is the technical personnel and project manager of the consultant firm. They were retained to oversee the project that was previously aware of the adverse ground conditions and needed additional time and costs; this was not disclosed to ICP lead contractors.
Most of the private housing tenancies that were created since February 28, 1997, are assured shorthold tenancies (Bevans 2008). This type of tenancy has a fixed term of usually of 6 months or one year. A landlord is allowed to end the tenancy at the end of the fixed term whether or not there are any rent arrears.
Victimisation is divided into primary and secondary victimization. Primary victimization is used to refer to the experiences of the victim relative to the offense “committed against” the victim. Secondary victimization refers to how victims are treated by the criminal justice systems including the Crown Prosecution Service, the courts and the police.
This essay analyzes that the offer made turns into a legally valid agreement as soon as the offeree puts his assent to such. An advertisement made in the newspaper for job seekers constitutes an ‘invitation to treat’on behalf of the employer. The prospective employee being chosen and agreement either made verbally or in written constitutes the offer.
The defendants have certain rights when probation is revoked, but these rights are limited and not to the extent that they have when they are in the process of a criminal trial. The criminal trial gives the defendant the benefit of the doubt, allowing for the idea that they might be innocent of the charges.
Recent research efforts suggest that international terrorism and atrocity crime are inextricably connected. International terrorism cartels and their sponsors engage in numerous crimes to finance and help terrorist activities. Some of these crimes include human trafficking; drug trafficking, money laundering and robbery.
The author states that Black Books would be denied of optimally utilizing its assets to maximize its profit potential. And when this problem occurs, Black Books may find itself enmeshed in huge debts owing to corporate inactivity. The major problem associated with incurring huge debts or going insolvent is that it may destroy a company’s brand image.
This court (state court) has jurisdiction over each of the defendants because the Alaska West Express, Inc., has a minimum contact in the geographical area in which the court sits. The driver of the truck (presumed to be a citizen of the state) also has minimum contact required by the state court in order for it to have jurisdiction over his person.
Throughout the past two decades, in spite of the considerable declines in adolescence delinquent rates, the viewpoint of the public on youth violence has motivated the prevalent support for elimination of the juvenile court system as well as the implementation of more stringent crime legislation in the country.
Three types of courts are prevalent in each Emirate in UAE: criminal, Shariah and Civil. While Shariah courts in UAE deal with some family issues among Muslims, whereas the criminal court deals with criminal offenses, a civil court deals with commercial/civil issues. In criminal offenses, there is no application of Shariah laws.
Migration, on one hand, helps any government to fulfill the demand of skilled and unskilled workforce. At the same time, it is required to keep the unwanted and unsocial elements of other countries out of the country for the safety and security concerns of the residence. The Immigration Law is one of the instruments to ensure that.
There are not too many who care about what will happen to that person once s/he is in the custody of the wardens and that person’s identity and life are often lost to the system of corrections. However, there is still a life which goes on behind bars and an entire system which governs how that person is to be treated, what rights are given.
Achievement of the purposes of nuclear non-distribution is not promoted at all by a position of nuclear powers which still insist that this weapon in their hands strengthens safety, and in hands of others creates a threat for an international peace. If we achieved steady progress on a way of disarmament such position would be not so menacing
As the paper highlights, responsibility of the carrier for the damages caused to the consignment could be justified if it is proved that the carrier did not show the appropriate care for the preservation or the protection in general of the consignment and acted in a way that could be expected by the circumstances to put the consignment under risk.
However, the supermax prison uses controversial methodologies, beginning with the lack of legal recourse that an inmate has if a prison administration chooses to send them to such a facility. The supermax prison was created because of a perceived need to have the opportunity to completely control prisoners.
Terrorists usually compromise with some of the community leaders in order for them to be allowed to live amongst the community members. Some of the leaders may even offer financial support to them. This has been the major cause of the proliferation of terrorist activities which have been a major security threat, especially for the United States.
The author states that teamwork is vital so as to support fellow officers in difficult or dangerous arguments. Additionally, each officer is accountable for using his own judgment in dealing with such circumstances. He must trust his associates to realize that the application of his discretionary powers is weighed down with peril.
The advent of the internet has resulted in a tremendous increase in the scramble for lucrative domain names. In addition to tremendous competition in names that seem to bear market value and seem easy to remember in the minds of people, registration, and resale of domain names has evolved into an individual and lucrative business sector.
In Barclays Bank Plc v O’Brien, Lord Browne-Wilkinson had stated his opinion regarding the disadvantages of married life, particularly for women, and how modern wives were deprived of their independence due to the marriage institution. Women had enjoyed special protection, under equity, in the context of their surety transactions.
Both the parties should have the required mental health to interpret the terms and conditions of the contract before signing it. Moreover, both the countries prohibit minors from signing a contract. Persons who sign a contract on behalf of minors should take the responsibility of any consequences occurring from the contract.
The next aspect of the relational control-motivated aggression theory that must be examined is the quality and nature of the aggression itself. The types of aggression include low, moderate, high and severe. Low aggression includes such acts as refusing to talk, crying, yelling, and stomping out of the room
Under the Animal Welfare Act 2006, it is stated that a person commits an offense if an act of his, or a failure of his to act, causes an animal to suffer. It is also stated in this act that an animal’s needs shall be taken into consideration such as the following: the need for a suitable environment, the need for a suitable diet etc.
With the progress of time, human activism within the domain of global boundary gradually became complicated and consequently, conflicts between states became inevitable. Such conflicts also initiated several others other issues, namely, abundant abuse of human rights, deprivation of states and their inhabitants from enjoying their rightful claims.
The author explains that the legal provisions regulating working hours and rest periods are the Working Time Regulations came into force. Under the Regulations, the main legal influences impacting working hours and rest periods are employee status, the type of work involved and the extent to which employers have not opted out of the Regulations.
Critics of immigration law express the view that the immigration law is largely silent on interior enforcement, which at the same time is not well-defined (Weissinger para.5). Many people and organizations have faulted the INS capacity for failing to deport illegal immigrants especially those seen to have criminal records.
Intellectual Property is an intangible property which is a creation of mind. The creator’s property is generally protected through the mechanism of patents, copyrights, and trademarks. Intellectual property rights are granted to the creators to safeguard their interests so they can reap the potential benefits for their efforts.
Arbitration is a private process. It was implicit that the parties, arbitrators nor any supporting staff would not disclose any information about the arbitration. There was an exception if one of the parties had to bring into play the help of a court in regard to the arbitration or to set aside or enforce an arbitral award.
An express term of a contract is that which is expressly agreed by the parties, either orally or in writing. As a general rule, the courts hold the written document as a complete agreement so that the terms inscribed within form the total extent of the contract and no further terms may be added or varied later by external evidence
The EHRC is relatively new. Therefore its effectiveness in achieving equality and freedom from discrimination in the workplace remains to be seen. However, at this stage, it holds out the promise of providing employees with a fair and balanced opportunity for redressing instances of inequality in a private way.
It has been argued that children, including those in the adolescent stage, have a tendency to be reckless of the existing laws, as they know there will be no harsh punitive measures. It has been argued that teenagers below the age of seventeen are breaking the existing laws more often because of the existence of the juvenile justice system
The scope of the Brussels regime was also extended by the Lugano Convention, concluded on 16 September 1988 between the (then) 12 Member States of the Community and the (then) six Member States of the European Free Trade Association. The Lugano Convention covers the same subject matters as the Brussels Convention, now the Brussels I Regulation.