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In the area of competition laws and state aid laws, 2013 heralded a number of changes and modifications in the structures and systems that were put in place in the European Union. This involved numerous changes in the application and integration of various rules and regulations relating to defining state aid.
Stare decisis is essentially precedent doctrine. The court of law cites it when dealing with an issue that had been previously in court and whose ruling was already issued (RE, 1977, p. 56). It is a literal rule that states that it is not legal to impersonate anyone who is entitled to vote. It is illegal to impersonate any person entitled to vote. It further states that someone who is dead has no right to vote.
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Both the patient and physician feel destructed and out of sight dealing with critical cases. The patient itself wants to get rid of the situation and the pain, on the other hand even the physician finds it difficult to cope with the patient’s medical care & treatment. The demand for euthanasia must be carefully taken under all the legal laws.
She was restricted to do any practice of nursing at school because of some incident in which, she was already involved. However, she qualified as a nurse, so her act comes under the category of medical negligence. Medical negligence can be described as negligence that results in harming any individual physically or mentally because of the negligence of a medical person such as a doctor or nurse.
There is a massive ignorance community about treatment and closer examination of prisoners and the mentally ill. In Dr.Scull’s book, he claims that community-based treatment of prisoners can be much more effective than institutional treatment and this means that the community is bound to help these victims recover quicker than in institutions.
Additionally, the new law aims at updating the law in order to keep pace and up to standard with the advance in technology in the business markets. The new law will enable the consumers to understand their business rights and business burden from additional costs of staff training, prolonged business disputes, and seeking legal advice reduction.
A counterargument is that in a place that is already one of the greenest cities in the United States, and one where two-thirds of wastes are already recycled, the imposition of a ban on recyclables is not only unnecessary but may rub residents the wrong way and be a disincentive to further recycling.
Understanding the reason that causes someone to commit a crime provides an appropriate way to determine how to rehabilitate such a person (Cole, Smith, and DeJong, 9). Various theories have been used to explain criminal behaviors and reasons for committing crimes. Some people will commit crimes based on certain circumstances.
Additionally, the research attempts to create a link between the respective areas' populations and the corresponding crime rates. This is based on the assumption that larger populations attract more criminals as compared tosmaller populations. Additionally, the study assesses the relationship between violent crime incidences and property crime in the state of Ohio.
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Security is a major global concern and determinant of every nation’s economic prosperity. This makes it important to have law agencies; which not only enhance law enforcement but also, ensure the protection and preservation of the constitutional rights of citizens as well as visitors. For effective control of our country and societal well-being, sheriffs play a major role in maintaining peace and safeguarding the community.
Incapacitative sentencing endeavors to protect the citizens from future offending by the particular crime being punished. The criminal is not sentenced because of the conviction offense, but simply according to predictions as to his or her chances of committing the offense again.
Contract addresses transaction such as sale of goods and services. In case of breach of one of the party then the other party can claim for damages (DEAN,
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The federal and state courts are an essential part of the systems of government and justice. They facilitate justice, checks, and balances for the citizens and government respectively. However, with the rising trends in the country over the court system, the citizens continue to voice concerns over the happenings
There have been many cases in the court regarding misuse or copying of trademark by other companies as a means of completion from other companies. In reference to the case of Koninklijke Philips Electronics NV v Remington Consumer Products Ltd, the plaintiff was disputing the originality and registration of the Philips trademark.
According to the privity of contract doctrines, it is only the individuals who are involved as parties in any particular contract that have the authority and ability to take action so as to enforce it (Koffman, 2007). According to the doctrines, the third-party scheduled to benefit from a given contract cannot claim damages if the promised befits are not forthcoming.
The description of the good should be accurate and if the goods do not match the description the buyer is entitled to a remedy. This implied term only applies to goods sold solely by description and does not apply where the buyer inspects the goods before the purchase. In Harlington & Leinster v Christopher Hull Fine Art, the buyer obtained a painting for £6,000.
Examples of well-known gangs include Latin Kings and The Black Peace Stones in the U.S, Gooch gang, and Doddington gang in Manchester, Brick Lane Massive in London. There are several reasons attributed to the formation of gangs. Poverty forms the main reason why people join gains in order to meet their basic needs (Newton, 108).
Sun Tzu is an icon to many people in the world especially based on military and war. He rose to fame as a military general in ancient china, a strategist as well as a philosopher. Many people in china attribute his fame and success to his famous Chinese book based on military strategies known as “The Art of War".
The Human Rights Act 1998 has provided a basis for a humanitarian approach to policing and while the Act has granted several freedoms to the citizens, some of the debatable cases present a challenge for the applicability of the Act. Ethical policing is an approach to policing where the practices of the police force are guided by a code of ethics.
The dismissal was conducted in accordance with the terms in the contract, including providing Abe the right of appeal before the dismissal. However, Abe’s dismissal might not have been fair considering it was subsequently discovered that Bruce was the thief. The relevant law applicable to this scenario is the law on unfair dismissal.
J.B. Gilbertson was a resilient person. He never wanted to back off on anything once he started it. This is information that would be provided by a number of people including his beloved wife. His wife, Merritt Gilbertson, would tell you that J.B. was hardworking and ambitious.
This firm decision emanated from Justice Hugo black. It faced a lot of controversies because it was the first time that the court had made a ruling based on racial discrimination, and regarding a firm scrutiny standard. The case had it that the court applies this rule as a way of backing the involvement of Japanese Internment camps about individual rights.
Dubbed the deadliest shooting rampage in the history of the United States, Seung-hui Cho, a 23-year-old seni¬or student at Vir¬gin¬ia Tech, engaged fellow students in a two-hour kind of horror movie on the 17 April 2007 early morning, in the end taking the life out of 32 fellow students and leaving scores with gunshot wounds.
Intersectionalists explore the biological, social and cultural classifications of women and how the resulting outcomes in the form of race, social class, capability, and sexual orientation impact internal divisions among women, leading to the discrimination of others while the rest of the community continues to live happily.
The fundamental role of a judge is to preserve an independent judiciary, by applying both the rule of law and the fair application of the law to all, regardless of the religious, social, political, or the economic status and affiliation of the accused (Hasday, 2000:27).
The paper “Metropolitan Police Service - Entrepreneurship In Practice” is a perfect example of the law case study. The Metropolitan Police Service or MPS (more commonly known as Met) is a territorial police service for enforcing the law in Greater London. It enjoys the respect of the civilized world (Thompson and Williams, 2013).
Law acts as a moderating influence in human society. The application of law to all and sundry tends to make society more liveable since it promotes equitable values. Legal philosophers have espoused and supported the equitable application of law to everyone in society since it promotes respect for the law and provides man with a framework to regulate life.
Many research studies have provided an analysis that female offenders face numerous challenges in society after getting released from bars. Apart from this, the study has been selected to have a better understanding of the correctional programs being implemented to provide advanced facilities to female inmates.
As the paper highlights, the information that is required in a technical log includes defects and malfunctions in the aircraft, fuel consumption rate and the block times. All the maintenance procedures that have been done in between the scheduled base maintenance on the aircraft are also recorded.
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The respondent, in this case, Mr. Knights had been sentenced by a court in California to serve a term in probation for the offense of being in possession and use of drugs, and part of the terms of probation was that he would submit to a search and or arrest at any given time. This would be carried out notwithstanding the absence of a warrant.
There also needs to be a degree of permanency to the place with the business operations being carried out on an almost regular basis and not just temporarily. But the establishment can exist for a short period and still be considered a permanent establishment as long as there was a degree of permanence.
Human trafficking refers to the trade of human beings, especially for purposes of using the victims as sex slaves, forced laborers and organ or tissue donors as well as surrogacy among other crimes. In Europe, human trafficking takes place within individual countries and across borders. Other victims come from northern Africa, Asia and the Middle East.
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.
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There is also an assessment of the crime scene which is usually done by forensic pathologists and psychiatrists who act as medical examiners of the scene. There are various types of forensic investigation which includes the DNA tests, computer forensics search, pathologists and psychiatrists test using the psychological knowledge.
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.
There are various sources of European law, which are based on the type of laws in question. The first type of European law is the primary law, whose source is the treaties establishing the European Union that have been enacted by the member states who are state parties to the European Union (Allan, 1997:445).
I am happy to write this letter to inform you about the court ruling regarding your case. Under the circumstances, I believe you got a fair outcome. I take this chance to sincerely thank you for conducting yourself very well during the session. I cannot over-emphasize but I believe your conduct also influenced the magistrate's lenient verdict.
Proof of these elements can be done in writing but in other cases, contracts can be by conduct or orally. Whenever a breach of contract occurs, damages for compensation are awarded either in the form of specific performance or money that is enforced by an injunction (key facts about English contract law 01).
Recent research shows that there is a high percentage of property loss through arson. Many people also lose their lives because of a criminal act of arson. Most companies and factories are the center of interest of arson. Most lives lost through a fatal accident by fire caused the loss of massive numbers of people.
The war between religion and politics started the moment the U.S. legally accepted various kinds of religious groups as a way of promoting democracy. There are several cases in courts associated with this kind of war and this discourse is about the Supreme Court case Elk Grove Unified School District v. Newdow.
The protection of children has been one of the most important aspects of our society. In the last few decades, children have been exposed to many dangers that make it difficult to completely protect them. The proliferation of drugs, violence and sex in our daily life has reached such proportions that it has a large impact on children (Wilson & James, 2007).
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Following the tragedies in the form of the two World Wars, European states sought it wise to form a union. This union would help in averting future catastrophes by aligning the interests of the member states. This premise led to the creation of the European Union which amalgamated 28 countries (Oudenaren, 2005, p3).
Such a directive needs to be founded on the fact that it is towards the achievement of a legitimate aim, through proportionate means. Case examples would be the – R (Seymour Smith) v Secretary of State for Employment [2000] ICR 244 or Enderby v Frenchay Health Authority (C-127/92) [1994] ICR 250 cases.
It is required that an accused person should be presumed to be innocent throughout the course of the trial until the case proves otherwise. This principle was established in the common law of England, by Lord Sankey, where the ruling stated that it is upon the prosecution to prove the guilt of the prisoner beyond any reasonable doubt, regardless of the charge or where the trial is held, in the case Woolmington v DPP.
The main problem that calls for government intervention stems from the difficulty in determining that a claimant is indeed suffering from a whiplash injury. As a result, rampant cases of fraud, lack of discipline on the road and heavy cost of motoring have led to an increase in the number of such cases.
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The holder of a trademark, copyright, or another kind of intellectual property may want to take advantage of the rights assigned to this property in a specific region or country by licensing an intermediary to use the property in the area given to him. This form of setup permits the owner to acquire the advantages from the utilization of his intellectual property yet, frees him of the need to furnish capital to finance the venture.
Primarily, parents have the responsibility of upbringing the child; however, other agencies including social workers may intervene, especially when the well-being of the child is at risk. In the early years, schools play a great role in children's safeguarding and protection, mainly because children spend most of their time with teachers and fellow pupils.
Generally, this work describes the advantages and disadvantages inherent in the various application methods of electronic surveillance. In this regard, application methods like wiretapping, bugging and videotaping, in the context of national security, intelligence and law enforcement have been examined.
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After the identification of these causes and effects, this paper will analyze the various perceptions that society has towards rape victims, and how they are affected psychologically, and physically. This paper has a recommendation on how to help victims of rape recover from their sufferings, and a conclusion which is a summary of the major points contained in this paper.
The key contents of the maintenance schedule tries to figure out, what to maintain, when to maintain and how to maintain. It is important to note that some airlines may choose to maintain their aircraft in accordance with a maintenance Programme. The maintenance Programme consists of a maintenance schedule and reviews to ensure that it is effective and realistic.