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The law of tort can be distinguished from other forms of law. This is where it is derived from a combination of legislative enactments and a combination of common law principles. These principles arise from case laws. It can also be distinguished by the fact that breach depends on the actions of an individual and not on a previous agreement between parties as seen in contract law.
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The effect of mandatory minimum sentencing policies on future recidivism. It sought to explain the effects that the minimum sentencing policies that are mandatory are likely to have on the future that is their impact on the convicts going back to committing the same crimes that they committed before the punishments are administered.
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A tort can transpire, if a person who owes another a duty of care under the law, does not fulfill the duty. As such, every individual is under a duty of care towards others to employ reasonable care, in order to circumvent causing injury to them or their possessions (Judicial Education Center, 2013).
The United States Patriot Act was one of the instruments, which were agitated by the Judiciary committee with an intention of uniting and strengthening the United States of America through the provision of appropriate tools to be used in intercepting and obstructing terrorism. It was signed into law 3 years after the September 11 attacks (October 26, 2001).
In every democracy of the globe, good governance is heavily dependent on Parliament, Judiciary and the Executive. However, the legal system of most democracies revolves around the written or unwritten constitution. The lawmakers passed the legislation. It is the responsibility of the competent judiciary to interpret the laws.
The flipside of this provision has been its penchant for predisposing member states to the inability to control entry and residence within their territory. Eventually, this has led to the member states’ attempts to minimize stemming the burden that unbridled movement of persons places on them.
The constitution of the Commonwealth of Australia came into existence on January 1, 1901. The constitution was framed by many framers among which Mr. Alfred Deakin, the second Prime Minister of Australia played a crucial role as one of the framers of the constitution (Commonwealth of Australia, 2012).
The graph with the strongest correlation coefficient is that of Criminal justice against incarceration services. The graph has an R-square value of 0.0486, which is higher than 0.0355 and 0.0295 for legal services and sentence satisfaction respectively. This implies that it has a higher value of correlation coefficient.
Generally speaking, a man as a social animal has deviated from his course of living from other animals and has built up certain norms and regulations which are dedicated to delivering an environment where a man can sustain it in a proper manner. Human beings possess significant interests and so they possess rights.
For identifying the deficiencies of easements, first, an evaluation can be made on the basis of the basic four requirements on which easements are built. The first characteristic pertains to dominant and servient tenements. As per the rule, it is required that an easement is connected with two pieces of land and the dominant tenement needs to be attached to the easement.
They always include state law and are based on the lawful evidence that individuals are accountable, for the penalties of their behavior of causing harm to others. In addition, Tort Law includes civil suits, which are the legal action established to protect a person’s privacy rights.
The speed limit sees them undergo torture just to get to their destination in good time by setting out on their trips and journeys early, where they spend a great deal of time on the road. This is not true as the speed limit exists for the purpose of preserving order and peace on the road, as well as preserving the lives of all road users, where errant drivers are also included.
For instance, the procedural changes can affect the timeliness and availability of the medications when they are needed. Errors are to be expected in a complex setting such as acute care, but they have to be addressed systematically to improve patient safety and outcomes. There were practical reasons that the nurses cited to break with procedures and delay the documentation for the medication.
in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of
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The author states that the illegal drugs trades have led to an increased emphasis in the criminal penalties and hindrances through the mechanism for controlling illegal drugs problems in order to prevent and reduce the number of expenses incurred by the government through the department of criminal justice, in fighting trade of illegal drugs.
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National security and law enforcement agencies use telephone wiretaps and dialed number recording systems in collecting investigative legal and intelligence evidence. These systems are prone to unilateral and simple countermeasures that permit wiretap targets to prevent call audio from inaccurate dialed digits or recordings.
The corporation is an entity that is legally established under company’s laws. Qualities as a corporation for purposes of tax are based on the form of companies in most taxing jurisdiction (as defined in section 448(b) (2). Since Gary and Greta have a separate corporation, this means that tax may be imposed on the corporation as a separate entity from the two.
In the case under consideration, although Ross may be blamed for killing David, yet the blame that has been placed on him for killing Samantha is not right because what he did was an attempt to defend himself from the harm that Samantha was just about to cause him with her golf club.
The first attorney withdrew from the case before the first federal habeas proceeding, and a new attorney was assigned to assist Trevino in the federal habeas proceeding. This new attorney found the evidence that the first attorney did not, and presented the evidence to the federal habeas court.
Theories in criminology have generally focused on an array of sociological and psychological forces as explanations for criminal behaviour. Jack Katz revolutionized theorizing in criminology when he introduced his ‘seductions of crime’ theory in 1988 as a comprehensive explanation of the causes of crime.
The legal issues arising out of the contracts between GG and YE and Johnny and Ed are related to the effects of variation of the terms of a contract, waiver and promissory estoppel. In other words, if GG, anticipating that YE might breach the terms of the contract and in doing so chose to vary the terms of the contract, it is possible that the variation of the terms of the contract formed a new contract to which GG is bound.
Child soldiers are not part of mainly the official armies of nations but are rather recruited on a regular basis by armed political groups who need fresh blood and energetic individuals at a very rapid rate. The numbers of recruits are in tens and thousands and their recruitments are both legal and forcible. As a part of their training, these poor recruits are subject to all kinds of non-ethical behaviors.
The commonly known source of international law includes the legal provisions passed by the United Nations and its General Assembly. However, other laws also make up the overall international statutes which help ensure the peaceful and efficient relations of states and other international actors.
Terrorism poses serious threats to national security and, therefore, many countries have opted to adopt various legislative measures and policies that will be able to protect all the citizens. For instance, the EU adopted a counter-terrorism strategy and action plan, which has enhanced cooperation between the police, judicial, and other government organs.
Generally, remedies that are available during the interim of the case are equitable remedies. There are less evidential burdens for these remedies and are obtained quicker because they are necessary to stop the defendant from doing something – disposing of assets, leaving the country, selling things illegally, etc.
Richard is a singer and a performer while John has been his manager for three years. The issue that arises here is the role of John as a manager and the roles of Richard as his employer. The manner in which the two are supposed to relate to each other without conflict of interest is a big issue.
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A scanning electron microscope is a microscope that generates image samples when scanned by a directed beam of electrons. It works under the principle that free electrons in the sample produce various signals that can be detected. Generally, an image is produced by combining the beam`s position and the detected signal after the electron beam has been scanned in a raster scan pattern.
In the Dagenais v. Canadian Broadcasting Corporation, 1994 is the leading Supreme Court of Canada's decision regarding the publication bans and how they are related to the freedom of speech. It was decided that judges have the right to enforce publication bans. This is called common law discretionary.
Dunlap, an African-American applicant submitted his application details for a boilermaker position at TVA. Boilermaker union referred Dunlap for an interview as a skilled and qualified person. The interviewing panel conducted the interview at the Cumberland location areas. The interview comprised of both non-technical as well as technical queries.
This study will look at data from different countries and jurisdiction. Since there are some jurisdictions where prostitution has been legalized, it will be easier to determine whether this has led to a reduction of the other forms of crime such as drug abuse and human trafficking. The internet will be used as a base for collecting this information.
Borrowing from the arguments advanced by judicial reformers, it is important to complete make courts free of politics. This is because; elected or appointed judges tend to take the populist posture while deciding cases. The merit collection process tends to cure these ills elements of the other-election and appointed-processes
This report contains the results of a hypothesis test conducted on legal service and sentence satisfaction scores. The analysis used the data captured in the survey conducted on inmates in the United States of America. The study participants awarded scores to each service based on their satisfaction level.
The petitioner was not given a break from the seclusion or from the interrogations, neither was he treats the symptoms which showed very solemn trauma, in November 2002 but instead, he was to be put through another interrogation plan herein referred to as the “First Special Interrogation Plan” from about November 23, 2002, to January 11, 2003.
LV had argued that Google acted illegally in allowing other entities to bid for and utilize as key words its brand names when triggering ads on their websites. The case was viewed as critical to the search engine’s business model that had been built around the system. The ECJ also added that the Cour de Cassation, France’s highest court would have finality on other cases, case-by-case.
The basic rights and freedoms that all people are entitled to are referred to as human rights. They compose of such rights as freedom of expression, equal treatment before the law, and the right to life, among others. There is freedom of expression which thus gives people the right to protest as long as they do not infringe on other people’s rights or break the law.
No specific statutory provision, however, shields them from liability based upon failure to warn Tatiana or others likely to apprise her of the danger, and Government Code section 820.2 does not protect such failure as an exercise of discretion. Plaintiffs, therefore, can amend their complaints to allege that since they knew that Poddar was at large and dangerous.
Article 34 of the TFEU states that countries included in the member states of the European Union are prohibited from putting any restrictions on imports of goods from other member states. Article 35 of the TFEU places similar restrictions on member states in terms of exports. The purpose of developing this law was to ensure the success of a single market.
Megan has a right to claim for financial relief. Due to the fact that they can’t agree on the matter, there is a need for the court to step in and decide on the amount of spousal support based on conditions established by the law.
The current immigration regime mandates that unauthorized entrants who are intercepted at sea are typically detained at Christmas Island and other offshore locations while their statuses are investigated. In the meantime, the Migration Act 1958 and its subsequent amendments increasingly limited the courts’ oversight of immigrant and refugee statuses of detainees.
The author states that in ordinary circumstances, it is the responsibility of the Ministry of Justice to oversee the entire justice procedure. It is responsible for justice being meted out from the time when a suspect is apprehended to the time they are charged with a crime and incarcerated.
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Terrorism has now become one of the major issues on the global scene. It has led to various issues and incidents of violence against the military, government, and civilian populations. In the Middle East, it has become even more violent, especially with the Muslim extremists being engaged by the Allied troops led by the United States.
The work seems sufficient to explain white-collar crimes. Admittedly, people like Box and Passas consider white-collar crime as a kind of innovative response by various sections of the business world when they face the strain to retain their profit levels when there bad economic situation (Jones 1998, p. 148).
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 this case, the main question to attend to was as to whether the claimants were actually workers, by taking into consideration the already existing regulations such as the 1998 working time regulation (WTR) and the 1999 national minimum wage regulation (NMWR).
The verdicts given by the jurors cannot be challenged, but the reasons of the judge may be challenged. This implication is at times related to the independence of the judiciary yet many believe that it does not. The independence of the juries and judges is not questioned when they are asked to give reasons.
Therefore, it can be said that in the United Kingdom, it is the joint power of the houses of parliament that guarantee their sovereignty and none of them can act securely without the support of the other. This creates a balance between them despite the fact that the upper house has lesser power than the lower one.
A prime illustration is the Criminal Procedure Act 2011 that encompasses many reforms of an inquisitorial nature, for instance, the introduction of mandatory pre-trial case management procedures. Simultaneously, inquisitorial systems have evolved to integrate reforms that contain features of the adversarial justice system.
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The reformation of government by Lloyd George set the impetus for the development of the welfare state that led to Beveridge Report in 1941. The idea was to develop social security for the surviving soldiers after the Second World War. The impetus led to the initial legislation of social welfare and the start of National Insurance.
Society’s ways of dealing with youthful crime paradigmatically changed from the medieval times when children would be hanged for as little as stealing bread even when they were starving. Conversely, the welfare and justice system today tries to consider the child’s situations and base its actions based on their best interest.
The victims may be at times pressured to participate in the process albeit not being psychologically prepared to meet with the offender. Sometimes this model can be used as a diversionary tactic to avoid dragging out affairs pertaining t the case possibly because the offender realizes this way they will get less attention than in an ordinary court hearing.