With the law procedure being governed by the law forum, in the case of a contract, the contract ought to have been governed by another law in another part of the agreement1. Hence, in the case of Hamlyn Versus Talisker should have been enforcement of arbitration clause instead of the contract that had taken the →
The researcher aims to highlight the prevalent law pertaining to the obligation of the charter to nominate of a safe port and the requirements of a safe port facility as per existing statutes and provisions on the point. The concept of a safe port or a berth is that a vessel must be able to →
Drugs negatively affect the progress of women and the continuous use destinies them to fail in the society. The utilization of drugs in the correctional institution is a substantial threat to the success of women in society.
Chapter seven, of title 11 of the American Bankruptcy code explains the roles of a trustee in managing the funds and properties of the debtor. A trustee will always act on behalf of the debtor, for purposes of meeting the interests of the debtor, and the creditors.
The Legal Perspective Based on The Film Inside Job The Legal Perspective based on the film inside job The film Inside Job is one of the best movies of this time. In the Inside Job, the representatives of Goldman Sachs violated this fiduciary duty by selling collateralized debt obligations that were of doubted quality to →
Almost all subsidy programs being victims of fraud and abuse which cost the federal government up to USD 100 billion annually so programs like the Qui tam are designed to help the government recover money with the informer being entitled to a portion of the recovered money. The first step in answering the question would →
Magistrate court is the first level for criminal cases and While the county courts is the first level for Civil cases. If the person is not satisfied with the decision taken by the county court he can escalate the case to High court which is the next level.
As a general rule, the law in many countries often intervenes in sexual activity involving young or adolescent children below the legal age of consent, non-consensual deliberate displays or illicit watching of sexual activity, sex with close relatives, harm to animals, acts involving the deceased, and also when there is harassment, nuisance, fear, injury, or →
Moreover, the GI Bill fueled the development of the middle class and revitalized American democracy, as many veterans joined fraternal groups and community organizations and became involved in postwar era politics. The United States had endured the era of theGreat Depressionand the Dust Bow, thus the World War II veterans were a generation that had →
This would also lead to the increase of users and also be harmful to the society, and close family and friends of drug users. Exposure to drugs can cause a lot of harm to society and family members of users therefore it should not be legalized.
These theories state that police attitudes are shaped by the daily demands of police work and reflect the " working culture" of policing. These argue that police attitudes and values are shaped by the organizational and working culture of policing and the demands placed upon officers by their police colleagues.
Secondly, in arbitration, the arbitrator is given the power to make a decision whereas in mediation both parties are given authority to control the outcome of the agreement. The legal issue here is of excessive use of force by officers leading to victim's death.
In the era in which " much ado about nothing" was set the wealth and power of someone was far more credible than theirpersonalityand this is portrayed in the first few lines of the play when Leonato asks " how many gentleman have you lost in this action" and the messenger replies " but few →
The main objective of contract learning for Knowles was structuring the learning process in its best and most fruitful way where the content of the educational material is replaced by the process. Completing all of the daily personal tasks with some time to spare is a good indicator.
Long Island Railroad brought the case to the court of appeal against upheld decision on its responsibility to Palsgraf for negligence in handling a passenger. Works cited The New York Court of Appeal." Helen Palsgraf, Respondent v The Long Island Railroad Company, Appellant".
An example of a criminal justice agency in the midst of functional conflict would be underscored by a number of factors including increased group performance, improved quality of decisions, stimulation of creativity and innovation, encouragement of interest and curiosity, provision of a medium for problem-solving, creation of an environment for self-evaluation and change. An understanding →
What a homestead clause is, in actuality, is a legally protective clause that offers exemption from creditors for a least a partial amount of value of the homestead. This type of behavior is one of greediness and self absorption, a characteristic that makes other homeowners, struggling to pay their bills, despise the Homestead Act ever →
Other unused solutions could be full legalization of prostitution in the US and worldwide, having closed borders from state to state and country to country, and finally micro chipping the offenders of human trafficking. The second proposed solution to human trafficking is going to a closed borders system in the states and other countries.
a) The employee committed the crime within the scope of his employment.b) That his acts were aimed at benefiting the corporation. There is the situation however whereby a corporation cannot be accounted liable against its representative.a) When the crime cannot 'prima facie' be committed by the corporation for example murder.b) When the crime committed is →
While the defendant is getting arrested the officer must read the rights to the defendant. The suspect is taken to the police station which now means that the suspect is in the process of booking.
In addition, the officers are unable to undertake their mandate appropriately due to hindrances of gifts they received. This is because people who favoured the police officers know clearly that even if they violate the law, they are unlikely to be arrested.
Section 2 of the Contracts Act 1950 provides that ' when the person signifies to another his willingness to do or to abstain from doing anything, with a view to obtaining the assent of that other to the act or abstinence, he is said to make a proposal. Although the Contracts Act 1950 is silent →
Week 7 Discussion How the courts perspective on the crime of sexual assault or sexual battery has changed over the years and what might be done to improve convictions and enforcement. Charging Children with Child Pornography-Using the Legal System to Handlethe Problem of " Sexting".
The Advantages and Disadvantages of the Current Jury System in the UK The UK jury system has its share of advantages and disadvantages. In addition, other court personnel are employed for the purposes of ministering to the jury during all stages of the case.
The programme focus is to change negative behaviour to positive behaviour that is acceptable in the society. The programme is rooted in the fact that most individuals are aware of their thoughts and behaviours, and that they can change their actions from negative to positive.
It is therefore the common intention of the parties that is to be taken as the root of any equitable interest in a property.[7]In this case it was held that Mrs Gissing had not gained a beneficial interest in the property because spending money on temporary items such as furniture was not the same as →
The crime scene was repeatedly changed and re-recorded from the three teenagers to suit the situation and the time of the murder so that the post mortem report should also match the same time as recorded by the police. At one point the boy said they skipped the school and the murder took place in →
These ratified conventions include the following: a) freedom of association and the effective recognition of the right to collective bargaining; b) the elimination of all forms of forced and compulsory labour; c) the effective abolition of child labour; andd) the elimination of discrimination in respect of employment and occupation. This paper aims at understanding the →
The paper " Border Patrol in the USA" is a delightful example of a thesis proposal on the law. It is understandable that the left would want to check the policy suggestions of the right when it comes to border patrol, and the right would rightfully do the same.
Provision of opportunities as one of the core strategies addresses one of the ajar causes of crime according to the strain theory. 30% of the resources should be allocated to suppression.
This can be done using the ' but for' test, in which if the plaintiff would not have suffered damage but for the defendant's negligence, then the negligence is a direct result and breach of duty of care. She will be awarded damages to compensate for the loss of reputation.
United Arab Emirates Auditing Law United Arab Emirates Auditing Law The United Arab Emirates auditing law-Federal law of 1995 became constitutional after the perusal of the provisional constitution in regard to a number of factors; organizing accountancy and auditing, insurance companies and agents, the functions of ministries and the authority of ministers who serve therein, →
The Supreme Court ruled that the state of Nebraska had appropriately enacted laws in regards to the admitting and withdrawing good time. I have previously stated my view that a prisoner does not shed his basic constitutional rights at the prison gate, and I fully support the Court's holding that the interest of inmates in →
DUI: Reckless and Zero Tolerance The research paper will discuss DUI Laws and will focus on their success in controlling behavior and deterring driving under influence. C, & Lacey, J.H.
The problem of illicit drugs in the United s must be viewed against the backdrop of a well-oiled international drug trafficking network that hassustained the addiction of drug users and has lined the pockets of those who profit from this addiction. In the article by Lyman, the relationship started with Mexican drug organizations acting as →
When considering this understanding of the labor act, it's clear that the intentions of the act would indicate that freelancers be able to unionize. While the intentions of the act indicate that freelancers should unionize, the act still indicate that it does not apply to independent contractors.
The responsibilities are basically assisting the police department in the planning of deployment of needed resources for the prevention of crime. Interest in the Career One is highly interested in the career due to the challenges called for as identified in the job description.
Its function also includes " publishing a notice of Proposed Rule Development in the Florida Administrative Weekly", the publication of a notice of proposed Rule making in the F.A. Both require the same processes and the same function except that in the context of the Federal APA where there are two types of rule making, →
They are: the damage or loss must result from the authorised exercise of the statutory powers of the acquiring authority; the damage or loss must be such as would be actionable but for the statutory authority; the damage or loss must be an injury to land and not a personal injury or an injury to →
In the current setting of the Federal States of New York and Arizona, the body piercing exercise is under negligible regulation, with the practitioners neither qualified nor licensed to accomplish the procedures. In summary, the current practice of body piercing and decoration is far below the required health standards.
To waive the benefit of an exemption there is the agreement under section 9AA of the act: Full name and addresses of the parties to be set in agreement; The exemption details should be set under the agreement; The condition if any in which the exemption is subject must be set out; The terms of →
It is seen as a way to involve both faith and reason, and for this, it appeals to a varied group of people who are attracted to the use of reason and intuition together.b) " The strict application of Natural Law goes against common sense". A following of the Natural Law would lead us, never →
I believe if I was in the position where I needed to break a law or else something could possibly happen to me I would most definitely do it and disregard the consequences. Moral of my story was to tell you that I do not regret getting that speeding ticket because what if I had →
Importance of Effective Communication Before going to discuss the importance of effective communication between County Commissioners and/or Council Members and criminal justice agencies, let us get a better understanding of what effective communication actually is. All people involved in workplace communication need to participate actively in the process of communication in order to make the →
The principle that the United States would force countries in the western hemisphere to pay their foreign debt is the Roosevelt Corollary of the Monroe Doctrine. Third, the United States wanted to make a statement and demonstrate to other countries in the western hemisphere that if they did not pay their foreign debts the United →
The primary objective of the punishment theory is to restore the sense of security and justice to the victim and the community while establishing a technique of deterrence to prevent future offenders. Gray Cavender discusses the collapse of the rehabilitative theory in the 1970s because of increasing crime and recidivism rates, and the adoption of →
Torture idealism refers to beliefs that romanticize torture because of the perception that it can attain " accurate information" and that it relieves anxiety over the imagined " ticking time bomb". The most effective way of contesting torture idealism would be combining pathos and logos appeals through the " Ancient Empiric" and " The Counter-Aesthetics →
He states that the id is in control of an individual's requirement of sleep, food and basic necessities. He even stated that ego is in complete control of the id and sets boundaries for an individual.
In the part II of the paper, the researcher will deal with the legal framework on doctrine of fair use and the scope is restricted to the discussion of doctrine of the fair use in educational context and a comparative analysis of the law existing in U.S.A, U. The criteria there set forth were the →
In order to influence policy and public agenda, PETA conducts activities like holding campaigns and working towards changing the law concerning ' required' animal testing. It is also involved in creating public awareness about animal abuse in the entertainment, research, fashion, and food industries.
ISSUES The main issues highlighted in the case is the decision of SSA to terminate the social security rights of the respondent i.e. In this case too, Eldridge was informed with a notice regarding the ending of the disability status, leading towards the termination of his social security.
If there is no violence, property destruction, and the characteristics of a resentful stalker, these should be given less priority. The above intake, assessment, and evaluation should be used as tool.
The Sunnah, the second factor in Islamic Law deals with the issues not addressed in the Qur'an, yet is still in the word of the Prophet." In a few Islamic countries, including Iran, Saudi Arabia, Pakistan, and Sudan, it is proclaimed as the basis for all law, including the harsh Islamic criminal law based on →
This condition is the result of a lack of oxygen in the body, and eventually leads to a loss of consciousness and death. A death scene can also sometimes hold the clues as to what led up to the death of the child and who committed the crime, it is important for the scene be →
John Calvin Coolidge Sr, who he was named after, took part in a variety of occupations, but was known for his reputation in Vermont as a successful farmer. He was the first vice president to be invited to cabinet meetings, and gained a reputation as a skilled public speaker.
Teacher What do you believe the role of the media is in the " War on Terror?" Why? The role of media on the war on terror is more than reporting the events that transpired during the war on terror.
The patrol unit is tasked with maintaining law and order; the basic duty of the police. It is a basic manual that identifies and outlines the boundaries of the officers on and out of duty.
The monetary benefit presented in every scene depends on the nature of the crime. Evidence forms the basis for every investigation, after burglaries, detectives called into the scene busy themselves with the identification and collection of evidence that may lead to the arrest of the culprits.
As per the trade based compositions, the ownership of property as well as the passage of advancing the procedural trademark rights, the situational analysis has encompassed total review of the major development strategies. The Economic Impact of Counterfeiting and Piracy, OECD, p.
Compliance Does the court's opinion in Schmid unduly interfere with the autonomy of private colleges and universities Should the court have recognized some type of " institutional academic freedom" that would protect private institutions against such exercises of state power See generally the Student Edition Section 6.1. Is the college subject to the requirements of →
Similarities: In both cases a corporate is required by law to have a memorandum of association and articles of association to govern the interactions of the corporate with its shareholders and its own internal affairs respectively. In both cases, the chairman to the board is not the CEO to the corporate.
Repeatability Malware A general term used to describe a program or piece of code that is general harmful to the normal use or operation of a computer system. Harsh value A process used to determine that a forensic image is an exact, bit-by-bit copy of the original source media.
To consider whether it was brought to a standard of reasonable notice, the few factors to take into account is that, what was the time of the notice, the form of the notice and in more modern cases the effect of the clause. But if this is the case, then the clause is said to →
Although it is difficult to cover every single type of employment relationship in the regulation, the regulation should aim to cover as many relationships or to enact a new law that covers more relationships in order to avoid uncertainty and to resolve the issues that exist in the current law. Based on the current law →
Executive Employment Agreement Executive Employment Agreement The contract signed between Jonny Bee Good and Big Bad Cars is a valid contract with the preservation of all necessary requirements in a contract. In this case, the executive is entitled to a valid compensation for a full period of contract per the original agreement.
The institutionalizing of a population leads to isolation, segregation and detachment of the elements of a company defining the basis of citizenship. Although individuals often returning to the community focus more on the choice of where they dwell, their long-term success in society is more likely to be dependent on the social roles they have →
Unlike earlier mass immigration periods to the United States the present day wave of immigration to the U.S.how " no sign of imminent decline" [Bouvier 1991, 18]." In today's world setting, international migration is a discretionary action that is regulated by the specific actions of the governments of individual nation-states." There is no international obligation →
Overall I agree with Collier's argument that Juveniles should be ride as adults and how the system is doing a poor Job because she establishes herself as an authority on the topic of how the number of Juvenile crimes increase, and why the Juvenile Justice laws should be revamped. Collier also tells the readers a →
Firstly, it is noted that judicial review is available against a decision made by a public body and, in this case, the Secretary of State for theEnvironmentis a public body making public decisions and would therefore be potentially subject to judicial review, regardless of the statement that it cannot be held accountable in court. Discretion →
After the initial splitting of the land the boundary line was lost which were an existing hedgerow demarcating the land which from the initial house plan stipulated that the boundary line would be built some place on what is present day number 21 Stanwick Road and the predecessors of both parties had little or no →
These factors are disrupted in the wake of a disaster and it is important to restore the community back to its normalcy for a continued vital economy. Infusion of policies, programs, and legislation is a necessity to achieve this balance and to ensure a holistic recovery of the community.
In addition, the segregation of workers once in employment on discriminatory grounds is also unlawful direct discrimination Indirect discrimination, as where an employer has applied requirements or conditions to a job but the ability of some persons to comply because of sex, disability, marital status or race is considerably smaller and cannot be justified. It →
BP pic, the world's second-largest independent oil company, aims to knock down the cost of monitoring equipment at a Washington State oil refinery, from thousands of dollars per measurement to hundreds, by replacing big, dumb, wired sensors with wireless ones in a network. Enabled by the fusion of small, low-cost chips, low-powered radios, and the →
In case the testator's intentions are unclear the courts apply the rule of construction so as to determine the meaning of the will. Be that as it may, the conclusion which may be drawn from the arguments of the proponents of the two approaches, namely the literal/grammatical and the intentional/inferential is that the intentions of →
The plaintiffs argued that enforcement of the various forest practices, envisaging the due process of conservation and preservation of marine life, aqua resources, wild life, etc, were severely compromised by the Washington State Forest Practices Board, which was responsible for maintenance and enforcing of valid forest practices. This time round, the defendants, Washington State Forest →
OFFER " Offer is an expression of willingness to contract on a specific set of terms, made by the offeror with the intention that, if the offer is accepted, he or she will be bound by a contract. In the case of an " invitation to offer" there is no intention on the part of →
In his letter he indicates that he is purposely in Birmingham, AL because of the injustice that is occurring with the Negro people living there; " But more basically, I am in Birmingham because injustice is here". King, Jr.is convinced that if the Christian, white, middle class Americans along with their Christian leaders would get →
Tedeschi and Richard Felson who avow that the interaction between the victim of murder and his murder is normally to blame borrow the ideas of Wolfman to develop the theory of coercive actions. The rational choice theory deduces that crimes are committed after effective planning and that most criminals employ some amount of intelligence to →
It would be an act of favor to the offender when the judge gives a lenient judgment to an offender as compared to the crime done. Effect of death penalty on the Victims rights The right to life is a freedom that everyone is supposed to enjoy.
Additionally Swinburne criticises Hume's definition of miracles as a " violation of the laws of nature" as he believes that whilst a miracle such as that of Jesus' resurrection clearly does not fit in with the laws of nature, on it's own it is not enough to prove the laws of nature have been violated, →
In my research I found several pieces of legislation such as the Sherman Antitrust Act, and the Federal Trade Commission Act, the Clayton Act, and per text the Wagner Act of 1935, and the Taft-Hartley Act. So in the early stages of unions organizations thought that the unions were illegal and that they would interfere →
The ethical dimension in the case is that people have the will and freedom to choose what they want and that there was no violation of the First Amendment. This would have been done by creating awareness in the workplace and help the employees understand the meaning of being in a labor union.
As a sport instructor, I would not allow anyone to play that did not know the rules of the game and had knowledge of the consequences of breaking the " rules of the game". I would enforce the rules and target education about the dangers of illegal activity that lead to many sports injuries.
The second step is to determine the key elements of the cause of action that is raised by the facts of case. The fourth and final step is to outline which of the facts listed satisfy the key elements of the cause of action to be discussed in a court of law.
Child custody and guardianship are the legal terms which are used to describe the legal and practical relationship between a parent and child, such as the right of the parent to make decision for the child, and parent's duty to care for the child. The uproar against this law is majorly because the mother who →
Case Background The complaint of the mayor for violation against the councilman for violation of the former right to Freedom of Speech arose from the fact the her rival councilman has resented the editorial published by the mayor that the army recruiter was making false or unrealistic promises to the high school students that enlisting →
On the other hand, according to Richters and Waters, attachment and socialization in this context refers to a bond or link between a child and the parent parents. Contrary to that, insecure child-parent attachment may result to the adulthood life of that child to face difficulty in conforming to the social control and norms of →
Reaction Paper: Congressional Term Limits Affiliation with more information about affiliation, research grants, conflict of interest and how to contact Reaction Paper: Congressional Term Limits In the first paragraph, you state that term limits ensure that Congress can be more representative of the present generation. It is then the voters that elect a particular candidate, →
It is possible because the main element of problem-oriented policing is that there is scanning, analyzing of the problem and the response and assessment of the crime. This is also evidently pointed out by Thistlethwaite, and Wooldredge, on page 78 of their book, where they say that the police take a broader role in the →
The criminal liability of each of the parties is discussed in turns: Severe injury to Hutch: 1) First in order comes that Ali drove the car at Starsky and Hutch, the police officers which resulted in injuring Hutch severely. Since there is no intention on the part of the Starsky to cause any harm to →
Before enforcing a law, it is important to put up a notice to the public, informing them of your intent and also put up a time frame before beginning the enforcement For this reason, the FDA failed to notify duly all the stakeholders prior to enforcing the Food, Drug, and Cosmetics Act. Q 2 Although →
When the bill is presented with to the President, the President has the power to veto to the bill, and cause it to be the subject of more review. However, the legislative branch of government can still overturn executive orders and agreements in a similar process to overturning a decision of the President to veto.
Drug Trafficking Drug trafficking is referred to illegal transport of drugs and drug like substances from one nation to another, US is even one of the nations that has been negative impacted by drug trade. Drug abuse has even been linked with diseases that are sexually transmitted, due to drug abuse, individuals end up indulging →
These compensations were as a result of the surrendered land and the gold taken because of the trespass. To me, both the company and the land authorities are corrupt.
The cons of e-discovery are also important and it can be identified as follows: 1. The e-discovery, in short, has both positive and negative aspects.
The force must be unlawful.[14] When the defendant is present in court, it is for the court to decide whether or not the defendant should be handcuffed.[15] WCC has a policy of handcuffing defendants, so the force might be lawful if Adam was violent or an escape risk. To see if there is a risk →