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The contractor usually agrees to hold the said ‘Municipality harmless’ for all and any accident that may happen during or outside of the job being done. This thus means that the contractor is protected from any loss whatsoever, but the municipality would be liable in any connection with the construction.
Under the ATCA, US courts have jurisdiction to prosecute this case the result in restitution from damages. The US courts have jurisdiction over customary. The US courts have jurisdiction to arrest and for the purpose of preferring charges and or attaching his properties. Acts committed and abetted by state agents are actionable under ATCA.
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A joint venture is a business agreement that brings together partners that have agreed to contribute towards developing a new entity and assets for a predetermined time. Over the life of the joint venture, the partners will share expenses, revenues and assets. A joint venture agreement document is used when parties wish to enter into an agreement or agreements with other parties to operate a business together for a common objective.
Cases related to racial discrimination has now become a major problem globally. Various kinds of discrimination can be noticed in places of work, the court of appeals and sports among others. Discrimination is majorly based on sex, social class, skin color and level of education. On the theme of African-Americans, most incidences have come up between the two creating gaps between them.
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Approximately the same proportion of males is involved in recidivism acts. Most of them serve hard sentences in jail. As a result, cases of repeated crimes are common that attribute to repeated arrests. This has caused overcrowding in the cells; thus, alerting the prison stakeholders to pay special attention.
Nonetheless, states pursue human rights diplomacy for genuine and valid moral reasons. As such, like-minded states will naturally work out a hard-to-reach agreement at a Rome-diplomatic conference in 1998, to create the international Argentine Junta which will process executing its forced disappearance of individuals.
Being a leading software company in the global market, Microsoft should have some responsibility towards the general market norms as well as its customer and Government Law should be obeyed in ethical terms as well. Antitrust regulators in the European Union should fight to extend clashes with Microsoft on the basis of its rival company’s complaints.
The Council of ministers adopted Directive 2000/78/EC on 27 November 2000. In this Directive, Article 1 made the discrimination of persons illegal based inter alia, disability, and age. Article 3 allows member states of the EU to prohibit the application of the Directive to the armed forces in cases where it is related to disability and age.
Jane can also bring a claim for violation of Article 11 of the Convention. Article 11 provides for the right to peaceful assembly and association. These rights extend to meetings, processions, marches, and demonstrations provided they are peaceful. The right is, however, subject to some limitations.
If required, the arbitration tribunal has the authority to extend the deadline beyond thirty days for the submission of a statement of claims. Attachments like evidence, documents, agreements, minutes of meetings, and correspondence have to be enclosed along with the statement of claims by the claimant.
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The dealings in the underground economy or the black market are mostly illegal and do not embrace the rules that apply to the legal economy, for instance. As such, consumer protection is hampered where the responsible authority does not have direct control over the business dealings in a black market or underground economy.
United Nations Convention held in Vienna in 1980 on Contracts for the International Sale of Goods famously known as “CISG” offers a uniform, update and fair regime for contracts pertaining to the international sale of goods. CISG bestows meaningfully in offering certainty in mercantile transactions thereby minimizing transactions’ costs.
According to the paper, the conservative approach to constitutional interpretation and theory involves politics in Originalism. Judges such as Scalia hold strongly to this approach, in their believing the constitution’s interpretation with accordance to the originally intended meaning of the constitutional text.
The secondary data consist of archival documents of theories and studies on unethical decision-making and behavior by law enforcement in general and in communities. Case studies on law enforcement’s unethical decision-making and decisions are also used to determine the link between theoretical assumptions and the actual causes of unethical decisions and practices by law enforcement.
The Supreme Court was able to make a landmark decision, regarding this concept of Euthanasia, or assisted suicide. This was in the case of Carter vs. Canada. Under this case, the Supreme Court was able to strike down, the legal provisions that prohibited the commission of assisted suicide in Canada. This means that as from the year 2016, assisted suicide in Canada will be legal.
The discussion shows that victimology is relevant to criminology because it ensures that there is a scientific basis for the manner through which the relationship between offenders and injured parties develop. Moreover, it is a scientific approach to crime which allows for the development of the background of criminal activities.
Sometimes children with disabilities are left open to potential abuse. Additionally, those accused of them do not understand the variance between behavior as communication and bad behavior. In most cases, behavior as communication is a term that is used to refer to a child’s effort to communicate their desires, dislikes to others.
The author of the paper states that the armed robbers were trailing the vehicle on a personal car that had presumptuously been stolen. Witnesses say that the driver of the public service vehicle noticed a suspicious car following them, and he decided to speed heading to the Willow Creek Road.
Human trafficking has not forsaken Bahrain, it is ranked as a tier two-watch list country, and a tier 2-watch list country is one whose number of victims is high or exponentially increasing. In addition, it is one that fails to substantiate escalating efforts to fight the issue from the previous year (U.S. Department of State).
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The case is about an introduction of the antipsychotic drug Risperdal for an unapproved use into interstate commerce. The use of the drug Risperdal for described prescription given by Janssen pharmaceutical instead of the intended use of the drug by the manufacturer rendered the product misbranded in the market.
The sale of goods is a contract that involves at least two parties; that is a buyer and a seller. For a contract of sale of goods to exist, there must be a product to be sold and a price assigned to it. There are certain rules and regulations that must be followed for the sale and supply of goods to be legally bound. Actually, both the consumers and sellers must adhere to the established laws regarding the sale and supply of goods.
Proving gross negligence manslaughter does not necessarily mean an illegal act has been done: rather, the crime can suffice where the accused engages in a legitimate business in such manner that painting the actions in criminal light is seen as missing the point. As such, the crime can also be committed by a failure to do what was expected of the accused.
The investigators were forced to secure the scene and collect any trace of evidence that could help them to carry out the investigation and establish the cause of death of the victim and who was the accomplishers. There were blood, cockroach 45 auto casing, yellow pills, red pills and green pills, unknowns currency, syringe and purple fingernail among others. These evidential items collected were kept to help carry out further investigation.
Although considerations should have some economic value, they need not be equal value to what is being offered in the contract. Consideration should be satisfactory but not adequate meaning the court will not determine the value of consideration about what was being offered by the other party.
In order to advise Abbie, it order to look at the legal and practical matters that relate to the situation. On one hand, Softy Furnishing seeks to improve performance by using the new machine while on the other hand, Abbie feels that she is fine and would not want to have training on how to use the equipment that would speed up production despite the offer to be trained on the equipment.
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Shropshire argues that sports discrimination covers a variety of parameters relating to prejudices against an individual in sports. It can also be interpreted as the unequal and biased treatment of individuals in sports, which may result in their restricted access and participation in that particular sporting activity.
Respect to correspondence should also be practiced in this case. The allegations that portray Oban as a terrorist may also increase the possibility of the need to provide surveillance on the communication between Oban and his son. However, under the law, this decision is illegal and should not be allowed.
The author states that increased use of cloud computing has led to a need for its regulation by US federal government. Some of the concerns that have arisen include data security issues and data breach issues. Major cloud computing privacy concerns include forced government disclosure, the retention of data, its transfer, and access.
The issue of public law is about the exercise of power by public bodies such as government departments, agencies, prisons, police, statutory tribunals, courts, health regulatory and supervisory authorities, local authorities, etc. In case a public body makes an unlawful or unfair decision while acting in a public capacity the wronged party can challenge such decision through a complaints procedure, judicial review, etc.
Capital punishment should be abolished and embrace life imprisonment. In grave offenses, states can confine convicts to mandatory life imprisonment without the option for parole (Nagin 11). Such a sentence would prevent further crime due to lifetime suffering and also reduce the brutalizing effect that state execution brings.
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Most enforcement professional is supposed to be good, ethical and caring people. However, research has shown that every time an individual’s behaviors do not conform to their attitudes, they are likely to experience psychological tensions. As a result of this tension, people tend to modify the contradictory beliefs to eliminate any discomfort.
When weighing the pros and cons of allowing it, it is clear that it should be allowed, as the pros do not hold water against the issue. Most of the individuals that oppose it are the religious individuals and activists who represent human rights. From a general viewpoint, the death penalty can and should be applied to improve society and overall security situation.
As noted by Viscount Simonds, the law should be relevant as well as responsive to change. However, the law mustn't result in knee-jerk urges. This thought knee-jerk is especially relevant to the current shifting impulses about the pressures on the international law that governs the state utilization of force.
The rule against double jeopardy was effected after a series of considerations. The main reasons why the rule was effected was to safeguard justice to the public when new evidence has been discovered. It is noted that the main objective of criminal law is to safeguard justice by punishing the offenders.
The conditions labeled for the recruits stipulate that they should be physically fit and the maximum recruitment age for firefighters is 30 years due to the physical demand that comes with fire services. The maximum age is required to optimize the duration of an individual career within which firefighters can perform their duties effectively.
A review of the case based on the legal tools and provisions available to the judges at the time they made the ruling reveals a great attempt to coalesce a large number of fragmented laws and directives that have previously made it unclear how EU citizenship is governed. The review concludes that the judges made an accurate ruling in the case.
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Entities such as The Pirate Bay are contentious, despite the fact that the existing technical infrastructure of the Internet favors this type of data exchange. From the file-sharing case law, it appears that file sharing technology isn’t prohibited in itself but that an ISP can be held legally responsible if there is a notable violation of copyright
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Technological changes have changed business settings, social interactions, and globalization due to the ease to access the fast and cheap internet. The invention of the internet in the early and mid-1990s changed the gambling industry where major gambling films took advantage and started online gambling sites.
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Generally speaking, the paper shows that the politics of urban planning are complicated and are influenced by a number of factors like urban planners, the community, the government, and many other stakeholders. Assessing what each one wants is essential to identifying the politics of urban planning.
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The paper also discusses the concept of parenspariae in the juvenile justice system. The concept provides a deeper understanding of the role of the State in juvenile cases. In addition, the paper provides an analysis of the treatment of juvenile offenders in the justice system. The analysis uses theory and case examples.
A person may be found guilty of an attempted crime when, with the intent of committing a crime, they engage in conduct that is likely to actualize the commission of the intended crime. Hence, an attempt is a criminal law offense that occurs when one is dangerously close to committing an intended criminal act but fails to actually commit it (Davies 2008, p. 15).
Safeguarding is a way of promoting the welfare of the children and is putting in place the right measures in order to improve safety and prevent abuse of children. Child Protection is an integral part of safeguarding, where it is essential to take action in circumstances where the life of a child could be at stake.
The paper "Precedent in English Law: Stare Decisis" is an outstanding example of an essay on the law. In English Law, stare decisis entails a legal principle where judges are indebted to respect precedents, which are established by prior decisions. From Latin, stare decisis is mostly used in a legal context to mean that courts must abide by precedent (Edlin, 2008, 23).
The major breakthrough was in the R.v. Marshall case was “Tribe of Indians shall not be hindered from, but have free liberty of Hunting and Fishing as usual and that if they shall think a Truck house needful at the River Chibenaccadie or another place of their resort, they shall have the same built and proper Merchandize lodged therein……”.
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The paper "Right-to-Work Laws: Liberty, Prosperity, and Quality of Life" is a wonderful example of a literature review on the law. Right to Work “Right to work is a legal statute in the US that prohibits the union as well as the employees from entering into the agreement that requires employees to connect with the union and pay remuneration to them for getting jobs or keeping them secured in the job.
Breach concerning duty of care applies to the care standard ought to be initially provided in a specific situation. This translates to negligence if an organization or an individual from there fails to perform as expected standards that should be applied. The management team for this reason has the mandate to see to it that organizations activities are at par.
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Capital punishment is one of the toughest judgments passed by legal authorities whenever a crime is committed. In nearly all nations of the world, this kind of punishment was applied in the past (Connors, 2007). However, with the intervention of other organizations, some countries have stopped passing this reprimand. They have looked for other types of punishment.
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If the private rented sector wishes to provide a bigger proportion of housing needed for families as well as those who would customarily have desired to purchase a home, then it must provide a better deal for the tenants. This implies an increased security of tenure along with more predictableness and affordability in rents.
The criminal justice system is a vast field encompassing all the works of the agencies and organizations working in collaboration to bring criminals to justice (Hess, Orthmann & Cho, 2012). The police officers, lawyers, and the court and correctional systems constitute the broad category that is criminal justice agencies.
The charges against Sergio could be based on the fact that he planned to kill Sergio after seeing him. This planning act can be witnessed after him meeting his friend Conrad that gave him the idea that both Sergio. The fact that he acts Sam with a knife a day after and uses the same knife to hit Sergio on the head makes it a planned activity.