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One of the legal issues that arise in this case is the termination of employment. This raises two critical issues that relate to termination of employment. The first issue is the termination of employment without notice. Common law states that employers may terminate the employment of their employees without notice.
The use of foreign words as trademarked names for products requires a consideration of various factors. For instance, as outlined in Clark Equipment Co v Registrar for Trade Marks, there is a general principle that requires the TMO to consider whether the chosen names present the likelihood that other competitors might have the desire to use them.
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To begin with, the parties involved in the case, section 3 of Australian Consumer Law (ACL) define Jimmy as a consumer. As a consumer, Jimmy is protected under section 18 of ACL from misleading commercial practices as exercised by Massive Freak Company. After establishing that Jimmy is a customer as provided by the law, it is essential to review the case with the client.
Generally, Allan being popular with the elderly patients in the town is regularly given homemade cakes and scones along with his fee. One day he treats a local wine maker’s dog for a snake bite when the vet is unavailable and is given a dozen bottles of Lonarch Brae Shiraz in appreciation valued at $360.
It is essential to state that ordinarily, people encounter a higher rate of critical circumstances when contrasted with less dire situations. Such sort of desperate circumstances which actually call for hasty and unsound responses by and large result in negative and frequently non-phenomenal results.
In Sokolow, the Court upheld the defendant’s conviction for possession of cocaine with intent to distribute, reversing a decision of the Court of Appeals (Ninth Circuit). DEA officers stopped Andrew Sokolow in Honolulu International Airport after his behaviour corresponded to the profile of a drug trafficker.
Some contend that this tactic is a necessary tool that must be employed to protect the public especially now in this age of widespread global terrorism. However, many view profiling as a violation of civil liberties. Those of Arab descent are singled out as potential terrorists, detained, and harassed more so than others. This is unacceptable in a country that champions civil rights.
Personally, what is basic is the inculcation of the minds of the populace to the right moral values and norms. Even torture, the way the CIA does it, is not effective because the torture victims “will start telling the torturers what they want to hear, rather than the truth” (Harbury, 2005). For once, morals and values as well as dedication to a supreme being should take precedence over modernity.
The juvenile justice system, which was created to protect minors' constitutional rights, is considered one of the essential branches of the country's justice system. Under the juvenile justice system, children cannot be tried and punished as adults because children do not have the kind of mature judgment that is usually attributed to more mature people. Since children lack proper judgment, they should be treated differently from adults.
There were also found to be other reasons why officers became corrupt. IAB conducted some research, which incorporated interviews. The reasons that emerged were that the corrupt officers were led by greed. Money is said to be the root of many evils. Some people will do anything to acquire it even it means it means compromising their duties and putting greater things at risk.
Without an effective treatment program, children’s delinquency conditions worsen through time and develop into adult criminal behavior. A result-oriented treatment plan consists of: “screening, assessment, treatment and aftercare protocol” (NASW, 2008).
It was because he clawed his way to the top of the Gambino crime family leaving behind litters of bloodied bodies not to mention captivating the public with his stylish, suave, and dapper persona and his good looks bedecked with glamour. His propensity for racketeering and other criminal acts made him the favorite target of the FBI.
Furthermore, the company’s cell phones are currently produced by union workers. The company might not meet their current job benefit demands and the fact that the company's labor contract and the union are up for renewal. Also, there is a plan to set up an alternative manufacturing operation in Mexico.
An exemption clause to be valid should be incorporated into the construction of the contract and should also encompass the breach that had transpired. Moreover, the contra preferent rule states that any exclusion clause will be interpreted against the party that desires to rely on it. Consequently, it should be unambiguous.
Copyright protects the work of an author, artist, composer, or programmer in which it excludes others from copying or publishing literary, dramatic, musical, artistic, or software works (Pressman, p.5). It allows the author to have exclusive rights over his work. These rights include reproduction right, that is the right to make copies of the protected work, distribution right.
There are many aspects of modern life that are taken for granted as contemporary inventions, but which actually came down through the millennia from ancient Rome. For instance, the present-day legal system is so steeped in Roman law concepts and principles that until today, judges and lawyers still use the Latin terms for many of them.
The idea that man should have certain rights accorded to him by virtue of birth and not as a concession from the government when first advocated, stood as a truly revolutionary act. Prior to that period, rights and powers were historically seen to be something granted by a kind or held due to noble title.
Taking into consideration the case cited above, by the rule of stare decisis, the case should be dismissed by reason of unconstitutionality. By using the O’Brien Test, the government should protect the speech and not the conduct. In the case of Texas v. Johnson (1989), symbolic speech is constitutionally protected as long as the disturbance of peace does not occur.
However, it is an effective way to confirm the risks involved in workers who use such illegal drugs and to ensure a healthy work environment. While some may argue that such action by the employer is intrusive to the privacy rights of the employees, it is indisputable that when safety and productivity are compromised, then there is no legal violation that the former commits (Moore, 2010).
The petitioner was found guilty of the offence of knowingly concealing and transporting narcotic drugs. This was in contravention of 35 stat. 614. The Petitioner had been arrested on the 9th of September. This was after a tip off from an informant. Marsh, a narcotic agent saw a person fitting the informant’s description rushing towards the exit.
Information Technology has become part and parcel of our lives that it is but prudent to ensure that the rights of every individual are protected while maximizing the use and optimizing its benefit. The laws discussed herein are enforced within the United Kingdom to ensure that its residents enjoy the use and wonder of Information Technology.
In order to meet the requirements of the judicial guidelines, the community-based programs must be concerned with defending the people, addressing sufferers’ needs and requirements, as well as developing the offenders’ behaviors and attitudes through effective treatment and prevention programs (Alarid & Carmen, 2012).
There are various reasons why prison gangs exist and cannot be eradicated by the American prison system. Many of these reasons are from within the prison but a few equally significant ones are from outside. Overall, these reasons have an impact on the economy and the continued existence of racism and illegal economic rackets inside correctional facilities.
Most of the drunkards are below 21 years. Even after the warnings sounded by health organizations such as WHO on the effects and health implications of excessive consumption of alcohol and other addictive drugs that are often abused by the users, the affected parties are yet to hid to the warning.
Still, it is a sensitive subject and the views vary from one person to the other. There has been a rise in the number of teenage deaths and casualties that are motor-related and therefore it is of great importance that this issue is tackled and dealt with as fast as possible so that we can curb this problem.
Advancements are made in the field of organ donation at a rapid pace; expanding or improving the quality of life for many. Becoming an organ donor is very simple as it is a choice offered when registering to vote, getting or renewing a driver’s license or ID card, or placing this in your living will in most states.
Social exclusion is a systematic process through which the individuals, a community or people are blocked from accessing their rights, resources and opportunities. Common resources and opportunities foster social integration and should be made available always to all members of the society without discrimination.
A rich legal jurisprudence has developed over time because there has been a lot of litigation on the subject. That the subject is highly contested is not in dispute. Even in courts, conflicting decision emerges each time. A period of legal certainty is closely followed by a longer period of uncertainty.
The financial crises in the United States and the world over forced the local and state governments to be creative in looking for the solution to the overcrowding in the prisons. Texas is a good example of states committed to addressing the prison overcrowding system. Texas legislators proposed ingenious but challenging strategies to tackle the problem.
The very tenets of the criminal justice system hinge upon the belief of the people that the law and its implementation/administration is impartial; hence the immortalized veil over the eyes of lady justice. The necessity to remove the “for-profit” arm of the private industry from the penitentiary system is one of the utmost importance.
The question of whether international law is just or not lies squarely on the participating parties. The justness or fairness cannot be tied to how it is applied but rather, the intended aim or resulted. Everything is done for the greater good in the end and if the law is used to create a balance of sort and bring peace in a place of conflict then it is just.
The Bowers v. Hardwick departed from the principles on which the nation was founded on. Privacy is a right an individual should enjoy, and it should be free from the government’s intrusion of a person’s intimate life. The law violates the rights of individuals whether they are homosexual or heterosexual and especially in the confines of the home.
Over the years, the world has been debating a controversial topic that relates to eliminating capital punishment in Texas. Ideally, the forms of capital punishment recognized by the Department of criminal justice include hanging, electric hair, firing squad, and lethal injection.
The paper "Employment Law: Employment Discrimination" is a perfect example of a report on the law. Employment discrimination is the treatment of employees in a dehumanizing manner due to their race, national origin, sex, and even physical disability. The issue of employment discrimination has remained dominant in different countries of the world, including the developed western countries.
Tattoos have been used since prehistoric periods, and their meaning varied from culture to culture. Although the history of tattoos began thousands of years ago, it became increasingly prevalent over the last few decades. Today pop-culture icons and other celebrities wear tattoos in order to meet their fashion needs, enhance physical endurance, and to reflect sexual notions.
The paper "The Law of Business Organizations" is a great example of a report on the law. The idea of developing business organizations in order to conduct business activities began centuries ago, however, the 20th century saw the explosive emergence of both the types and number of business organizations.
Under Section 2 of DOMA, no state is obliged to recognize the legal validity of a same-sex relationship that is entered into and recognized by another state (Pew Research Centre). For decades now, same-sex marriage has been the subject of heated public debate that has pitted its supporters against those opposed to it.
Capital punishment is considered a waste of life and also it is said that the receiver of capital punishment dies even before he is given punishment for his sins. Evidence has also proved that there has been no decline in the crime rate and the practice of capital punishment is disappearing slowly and gradually from the face of the Earth.
It is necessary for an advertising campaign to comply with all legal and ethical obligations. There are certain consumer protection laws that limit how information can be used and obtained and penalties for breaching these are increasing. A company cannot engage in misleading or deceptive conduct when advertising its products.
The paper “Well-Rounded Story Based on the Series of Car Audio System Theft” is a great example of a report on the law. Only music players were stolen or something else too? Around what time do you think, the robbery must have taken place? Is there a pattern? Provide the names of the people whose cars were broken into?
The paper "Application of UK Laws in International Fire Services" is a wonderful example of a report on the law. Our fire authority has realized great concerns in joining hands with our International Search and Rescue Team. The most important thing for each stakeholder to understand is that we are given authority to perform fire rescue operations across England.
It would be useful at this juncture to define the term forensic examiner- a person responsible for the examination of evidence in the context of a legal dispute. This individual is able to deal regularly with crimes involving networked computers, wireless devices, and embedded systems (IPPE Crime paper). This would bring together the specialized technical knowledge and investigative experience of many experts and creates.
All these are for the purpose of reducing the activity of human actions on the natural environment. According to Fisher Douglas in his book ‘environmental law in Australia’, he postulates that environmental law is a mechanism set to check and limit all the activities by man to ensure the comfortability and survival of all other living things like birds, marine life, plants, and animals in their natural habitats.
English law only applies in England and Wales. Wales has a devolved assembly and any legislation passed through that assembly is to be enacted by use of policies defined in the government of Wales’s Act 2006 and through the parliament of the United Kingdom (U.K) or by the orders given by councils under the authority which was established in the 2006 act.
The purpose of this report is to explore and highlight contemporary SAR and international disaster response strategies in order to provide a guideline for this organization in light of future international SAR operations. The report will examine how the Fire and Rescue Services Act 2004 would apply, also how this law operates internationally as it applies to search and rescue teams.
In the recent past, Haiti was affected by an earthquake tragedy, and this called for global cooperation to rescue victims of the accidents and to help families affected. In this paper, an assessment has been done of the law in England and Wales concerning how the law operates internationally in the fire and rescue service industry.
The quality involves the reaction time the council takes to reach the scene of the fire, the skills, and the commitment employed in putting out the fires, and the kind of equipment available to fight the infernos. In many cases, the type and kind of equipment are very instrumental in effectively putting out fires. This is the proper use of the equipment that helps in putting out the fire.
This research paper will examine the different ways in which communication can be used among workers to provide higher levels of safety and health. There will be an understanding of the current legislation that is expected within the workforce. There will also be an examination of how well managers and staff implement the expectations and requirements for health and safety.
However, in most countries, the law applies to the directors as a personal liability rather than a corporate liability. Introduction Safety, Security, Health and Environmental Law (SSHE Law) is a body in the category of law that concerns regulating matters regarding health, security, safety, and ecological problems as well as risks (Tooma, 2008).