According to the paper, criminal offenders’ initial contact with the criminal justice system comes via the police or rather law enforcement agencies whose mandate in and to the system is to investigate the nature of the crime committed and make arrests, should they be deemed necessary. A coercive means defined within the legal parameters may be of due importance.
The primary author of discussion in this paper clearly illustrates her viewpoint of the business case for diversity is an outdated business philosophy when stating that the diversity brand is “vague, tired and devalued”. The author suggests this as it is perceived that the long-term contribution to assisting women has been minimal at best.
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A criminal offense that results in injury to another, particularly homicide typically encapsulate the concept of remoteness between either the conduct or omission and the consequential harm. The actual consequences of that conduct or omission may be produced by other factors “which are more directly connected than is the conduct of the accused.
The author states that as a result, multilateral and bilateral agreements have contributed to a shift in international relations from autonomous regulations to a more multilateral co-operation between diverse states. It, therefore, follows that modern international agreements are currently necessary for regional and international integrations.
When one looks at recidivism rates and the fact that it suggests that long custodial sentences do not rehabilitate offences, to adhere to the just desert doctrine would have been entirely unfair and inadequate. The community is not protected if prisoners are reintroduced into the community and re-offend.
The author explains that English law states that a mere reference to a promise is factually incorrect and misleading. The fact is that English law will not give effect to a mere promise and the next important issue is that an agreement, or consent of parties interested to execute a contract, is required in exchange of consideration may be legally binding.
Who would inherit your property if you die after divorcing Romeo and the matrimonial home has now been transferred into your sole name, whilst the flat has been transferred into Romeo’s name? You have provided details that your possible heirs would be Romeo, your husband, if not divorced? Collin your son and one child you had given up from adoption.
The law of estoppels generally enquires in this issue whether the promise not to sell has been made without consideration – thus, if V received any consideration – money – for this verbal promise, she would be bound to keep the sofas until 3 pm Saturday, or stopped from selling them sooner than the stated date.
It should be noted that the first rule is that a property cannot pass if the goods are unascertained. This makes the distinction between specific and unascertained goods fundamental. The second rule is that, if the goods are specific or ascertained, the parties are free to make whatever agreement they like about when the property is to pass.
The author states that the basic underlying idea behind any law, in any society regardless of its size, is the upholding of law and order, by limiting chaos and destruction and promoting peaceful coexistence among the global citizens, which is achieved by laying down strict and formal rules regarding permissible and nonpermissible activities.
The associations with the environmental laws and water pollution are designed to change the damage which is now prevalent on the earth. The first step to this came from the UN’s establishments and policies to begin to change the water pollution that was used. This was followed by federal regulations in the United States based on the Clean Water Act
In today’s world, the economy of most of the countries is facing downfall, which is creating adverse effects on the living conditions of the people belonging to those countries. When the economic conditions of a country become unstable, it brings a negative impact on the living style of the people of that country.
An agreement to arbitrate will have a closer and more real connection with the place where the parties have chosen to arbitrate than with the place of the law of the underlying contract in cases where the parties have deliberately chosen to arbitrate in one place disputes which have arisen under a contract governed by the law of another place.
The study will apply various methods in data collection. Interviews will be conducted through open-ended questionnaires as well as structured questionnaires. They will be filled by various leaders from different departments which are concerned in running of the government prisons. There will also be questionnaires for ex-prisoners.
The humans have the profound and notable ability to commit mistakes. The mistakes are taken as the opportunities to learn. The human basic and fundamental psyche is designed to enjoy the victory whereas; it is programmed to contemplate about mistakes. The mistakes are analyzed and results are deduced so that errors in the future can be ignored.
Every corporate body has a responsibility to impact positively on its major stakeholders that include the workers, the government, consumers, the surrounding community and even the environment. China is among the countries whose idea of corporate social responsibility has been criticized over history.
Perhaps one of the biggest areas in which masculine hegemony is found is in the area of gangs and violent circumstances. In these gangs, status and power are an important aspect of inclusion within these groups. In most cases, these gangs are masculinized and presented in a way that is reflective of war.
This scenario would have been better decided by a court of law but since it is an emergency an immediate decision should be made. It is upon the medical practitioners to decide whether the suicide note and the son’s advice form sufficient basis to decide to withhold treatment or not (Nicholson et al., 2008).
The criminal justice system in the UK is not working. According to the British Crime Survey report for the last quarter of 2003, the percentage of violent crimes reduced by 5 percent during the year 2003 compared to the previous year but the percentage change between October to December of 2003 compared to a year earlier reflected a jump of 11%.
The author states that England has a diverse mix of arts, cultures, and people. There are various forms of arts that are being protected and promoted. The Art Council of England works with the vision to promote the arts at the heart of national life, reflecting England’s rich and diverse cultural identity.
he criminal law is not only concerned with compensation between offender and victim but also with compensation orders and other reparative ideas conniving themselves as a regular adjunct of sentencing options. The criminal law is an ideological function, that it makes statements about the boundaries of tolerated behavior.
It is anticipated that this study will reveal that provocation as a defense is not clearly and consistently applied and that the court will take many factors into account when deciding whether to accept the defense of provocation. For comparative purposes, this research project will examine the use of provocation in other countries.
EC Regulation No 593/2008 on the law applicable to contractual obligations will come into force on December 17, 2009, and will apply to all contracts completed following that date. The primary purpose of EC Regulation No 593 (Rome I Regulation) is to harmonize the choice of law rules among member states within the EC.
It is necessary to consider the law in relation to noise, in particular with regard to aircraft as well as the rights of individuals to airspace in and around their property as well as the law in relation to noise from machinery and aircraft to demonstrate the way in which machinery noise is regulated differently to aircraft noise.
The author states that the media is a very influential factor in almost every country. This was not only in terms of the Balkan societies in times of conflicts but also the case in other European countries in times of difficulties as well. The media has been seen to play a very important role has differed the world.
A study sought to examine the rate of increase of cocaine use among adolescents. In their study, they were able to cover about 278 juvenile delinquents who were under the program of the National Institute on Drug Abuse. They assessed the pattern and the growth in cocaine use over a certain period of time.
In most cases of cyberstalking, there will be more than one offensive or threatening letter or telephone call and the police will opt to charge under the Harassment Act 1997, where the court can make a restraining order preventing them from contacting the victim again and breach of this order is punishable with up to five years imprisonment.
Marriage is an important factor in the lives of people and there are certain religious factors that need to be considered while the lawmaking authorities are defining the procedures. There are marriage laws and divorce laws and everyone needs to understand and follow accordingly if they need to keep their lives within the jurisdictions.
According to Sir William Anson “Acceptance is to offer what a lighted match is to a train of gun powder”. In this case, Carlos, a partner of the Floppy Disc Co. has posted a letter on 3rd April communicating his acceptance. The acceptance is absolute and unqualified properly. The offer becomes a contract as soon as it is accepted.
Merchant Shipping (Oil Pollution Preparedness and Response) Regulations 1998 has been undoubtedly a landmark achievement in order to prevent oil pollution through oil spills. The regulations were applied to the harbor authorities, the oil handling facilitators and also to the operator of the offshore installations
It has been observed that Dawsons has not adopted the ACAS code of practice which outlines the grievance procedures to be followed in employment. In this case, it is also apparent that the employer has failed to ‘build up’ written evidence against the employee with reference to the reasonableness of the action taken, that is, dismissal.
Human rights expect that governments are restrained by the need to respect the minimum entitlements of individuals. The history of this idea can be traced back to Roman jurist Cicero (106-43 BC) well known for his political thought. Development of this could be seen in the works of seventeenth-century philosophers John Locke.
The VTRP’s (2007) investigation of Cho’s background revealed disturbing facts that could be factors to Cho’s mental health: His paternal uncle committed suicide in Korea, which means they had a suicide history in the family; he was emotionally traumatized by a heart procedure at the age of three that he did not want to be touched since then.
The author states that the terrible irony of a state system is, if you murder a single person, you are bound to be imprisoned but if you massacre thousands, you are to be recognized as a strong political leader. Following this old piece of wisdom leaders like Hitler, Stalin and Pol Pot seemed to have adopted impunity for their crimes.
Corporal punishment takes the form of spanking, slapping, pinching, whipping, smacking chastisements, or raining blows to certain parts of the body. It is usually connected with images of anger, whipping and screams. Target areas for the corporal punishment include the upper back, shoulders, buttocks, and cheeks, palm of the hand.
An important condition for the legality of countermeasures should be stressed. Such measures must only be directed at the wrongdoing state. It follows that counter-measures which directly or indirectly breach obligations owed to third states are clearly impermissible, and in any case would not satisfy the proportionality requirement.
According to the paper, international law instruments that arise from the arena of humanitarian law and more traditional environmental instruments, in which there is an emphasis on water’s importance for human needs, will also be taken into account. Water, rather than being a commodity, is a public good.
According to Hostettler (2013), on the sunset of 22nd August 1961, a car carrying Valerie Storie and her lover Michael Gregsten was parked in a field next to Slough. A man had threatened the duo with a gun. After jumping into the back seat, he forced Gregsten to drive off after which he ordered Michael to pull over into A6 at Clophill.
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 Judiciary, on the other hand, is more active and recent decisions show a leaning towards more humane considerations and are generally in favour of the immigrants. The courts understand it is in the interest to have more happily settled families of the immigrants for maintaining a harmonious society.
This essay analyzes that according to the Identity Theft and Assumption Act of 1998, identity theft, occurs when someone is "knowingly transferring or using, without lawful authority, a means of identification of another person with the intent to commit, or to aid or abet, in the unlawful activity that constitutes a violation of federal law."
With the use of decided case laws and impinging legal statutes that bind, or exonerate trading partners from responsibility and rights, this study seeks to throw light on the present scenario surrounding the directives relating to the coordination and management issues, that arise in a multinational milieu.
In 25% of the states, it is considered as a criminal offense/child abuse if the same is committed or allowed by the person in charge of child’s care. If the statutory rape is committed by individual other than the parents or people responsible for child ’s care, it is not a reportable crime. But in 75% of states, it is a reportable crime.
Although this is a powerful form of protection against authorized copying of code, it may not be adequate to protect novel underlying ideas. Although copyright prevents competitors from taking the whole or a substantial part of the software code, it does not prevent a competitor from mimicking the novel concept behind the software system.
The conditions of Mexican prisons are brought into international public scrutiny by the foreigners who get incarcerated and get to experience the inadequacies of Mexico’s penal system. If not for some of these accounts, there would be little information about the conditions of these prisons or their inmates.
The law consists of an array of requirements that must be fulfilled to a certain degree before causation can be found to link the act to the outcome. This causes the law to become rather result-oriented; an act need not be illegal in itself provided the outcome is some form of the prohibited and thus illegal result depends on the outcome caused.
The problems at hand involve the sale of goods entered into by parties from different states, although both parties are the Member States of the European Union. There are various international laws that govern international transactions of sales of goods like the United Nations Convention on International Sale of Goods 1980 (CISG) etc.
This paper outlines that the agencies of the Government having been created to safeguard public interest, they should act within the limits provided for in the constitution. In the USA, the limits can be found as codes in Acts such as the Federal Administrative Procedure Act (FAPA) and State Acts.
Soon after the legislation is carried out, the number of human rights violations being reported may see a steep rise. But once this initial reaction settles down, the society has to show a slow and steady decrease in the graph of human rights violations, so as to prove that the legislation has been effective.
The House of Lords takes a strict approach to the fiduciary duties of directors specifically in the context of the doctrine of corporate opportunity. In short, Regal (Hastings) v Gulliver and Ors ruled that company directors were not at liberty to take advantage of corporate opportunities as the same was a contravention of the fiduciary duty.