Law Essays

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.

The ruling did not specify what gun laws should apply to the Second Amendment. This forces the gun rights and gun control groups to lobby Congress to institute strict gun control laws in the US (“U.S. News & World Report” 1). Notably, the Congress and the U.S Presidency conflict on gun control laws with the Congress rejecting the President’s proposal.

Driving at high speed also augments the risk of fatality (Sandler 27). It is a fact that even if the automobile drivers adhere to speed limits, road accidents are something that is here to stay. Yet, the thing is that accidents accrued at very high speeds do have a higher chance of serious and grave fatalities (Sandler 27).

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 right of the employee to earn a decent living has been around for quite some time and historians can actually trace the first legal enactments regarding payments to labourers to 1349 under the Ordinance of Labourers decree set by King Edward III of medieval England. Modern minimum wage laws however started being enforced in New Zealand, which was a British colony, in 1894.

The religious groups also in collaboration with the prison teach ethics and instill a moral sense in the prisoners. Sometimes the prisoner may be released before the term ends in prison being released as a parole. In this case, his movements are restricted to greater than those in the prison. The last correctional measure that this paper would advocate for is probation.

Certainty is considered another important factor associated with the rule of law that must be accomplished to limit the exercising of powers by public officials. In this regard, the principles underlying the rule of law, as proposed by Dicey, suggested that the law must be predictable as well as certain in nature.

Racial discrimination in Australia is linked to the history of colonization as well as migration. The indigenous populations of Australia, alternatively known as the Aborigines have been the main victim of this discrimination. Until recently, policies and practices, highly racist in nature, were deeply entrenched within governmental laws and institutions of Australia. Some of these are prevalent even today.

For a long time now, governments have been effectively persuaded that market mechanisms control executive compensation and that such market mechanisms should be allowed to operate freely without any constraint from the legislature. Legislatures should allow the market to control the practice of executive compensation, and any form of formal control should be designed to make sure that the market is run efficiently.

Business crime entails all forms of fraudulent activities undertaken against the business of organisations mostly through non-violent means but involves illegal financial or personal gains. Business crime (sometimes referred to as white-collar crime) is mostly perpetrated by people in the middle class and mainly in the course of their professional work.

There are several factors that could lead an individual to commit a crime. These factors are endorsed in our society, law enforcement system, political system, education system, culture, economy and others. Some of the reasons why people commit crimes could be as a result of revenge, jealousy, greed, and pride.

The argument is corroborated by the fact that the initial documents that authorized the founding of the American colonies coupled with the British laws served as the basis of the judicial system of the USA (Burnham, William. 2006).  The same is true even today. The American jurisprudence largely depended on those archives. A careful study of American law history testifies to this fact.

A company complained to have detected a hacker attack, which led to a six-month investigation. This led to the arrest of David Cecil an unemployed truck driver aged 25 years. He was found to be highly involved in hacking various computers that were investigated. This is based on the Australian cyber laws which highly refrain and condemn people who commit cyber crimes.

Trust is the essence of human existence. It is the basic human component that is every relationship or interaction. From human survival to organizational survival, trust is the supreme most bonds that join the interactions. It is the basis upon which confidence is built. Trust is the duty of any leader and is an essential quality for guiding others

The paper draws on the comparison in reference to the similarities and the differences between the pre–2011 consumer protections operated in Australia and the national regime consumer protection 2011 which commenced in January 2011. Prior to 2011 consumer law in Australia, the general provisions operated in Australia included the TPA and the FTAs

As earlier indicated the universities were not intended to be subject to the legislative powers of the Commonwealth but they fell within the scope of state power. The role that was played by the State in higher education provision as provided by the Constitution was to legislate for the benefit of students and taxation.

Division 2 Section 21 deals with the recording of convictions and it states that when a youth is found guilty of a major indictable offence the court would record a conviction of the offence unless the court gives special reasons for not recording is given through a formal record in the Court's judgement.

International case law has had several influences on the Australian position considering the court’s decision to include mutual trust in contracts of employment. Most of these international cases originate from England where most industries pay attention to the mutual trust and confidence term implied in the employment contract.

In this regard, the court ruled that the invention made by the employee belongs to him and not the employer, unless it was stated in the contract or the person, was paid to do so. These cases show that a court/judge can incorporate interpretations that were not initially outlined in the employment contract.

The Australian electorate has continuously rejected any proposal aimed at increasing the commonwealth government’s powers and authority through a constitutional amendment. This is because there is a perception that even with the current powers and authority, the Commonwealth government has tended to monopolize access to Australia’s primary sources of revenue.

Mandatory sentencing leads to retribution. Retribution is founded on the principle that those who harm others should be made to suffer. Offenders deserve a punishment proportional to the harm caused by the offending conduct. Bearing in mind that the aged are vulnerable the proportionality principle should be applied.

This essay demonstrates that issues hindering the exercise of public rights or public health, safety, and convenience comprise misuse or interference. In order to seek a redressal action in tort, claimants have to establish that they suffered damage over and above what had been suffered by the public at large.

The underpinnings of these studies are the present trends in the American criminal justice system which has four goals: retribution, which is deserved punishment; deterrence, to impress that in crimes the costs outweigh the benefits; incapacitation, to keep offenders from repeating crimes; and; rehabilitation, to make offenders into model citizens.

The public press relations of company A must be carefully managed. The Freedom of Information Act (FOIA) gives the press the ability to investigate companies and create articles based on publicly released information. A way for the company to protect sensitive information is through a clause in the FOIA that provides confidentiality.

The law will clearly interpret the legal and ethical parameters in which the investigator should perform his operation. According to Dempsey & Forst (2007, p. 64), the conventional form of police power and law enforcement is ‘ill-equipped’ and is impeded by several constraints; whereas, private investigators enjoy rather a viable ambiance for inquiry.

While various issues in the association must be resolved, for the most part, Mr. Assin might be able to be freed if his lawyer engages in various tactics that will prove that he was indeed the wrong person that they were looking for who would have indeed tried to commit attempted murder on Sally’s behalf to have her husband killed. 

It does this by force. The sovereign of the nation or ruler is the one who makes the law to protect his, her, or their lives, rights, liberty, and property. In countries such as England, which has a monarchy system of government, the law is made by the King. For the United States of America, as a democracy, sovereignty is with the people.

Establishment of the Department of Homeland Security was a major milestone in achieving this end. From the speech titled “The Secretary of Homeland Security Janet Napolitano’s 2nd Annual Address on the State of America’s Homeland Security: Homeland Security and Economic Security”, this paper will focus on a particular topic to address. 

Children's rights are high ranking on the world agenda with an entire UN agency, UNICEF, created to safeguard the rights of children. This was informed by the fact that children are a vulnerable demographic and require special protection and attention. The fact that the Convention on Children's Rights has the highest number of ratifications.

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).

Most people in the social networking site post their private details for public viewing. This makes them vulnerable to the attacks by criminal gangs since it provides information about their home address, place of work, and current location. Most of the social sites encourage users to be public about their private lives.

The recent UK social media problem of revenge pornography where someone’s ex-partners post sexual videos online for revenge. Social media has turned into an extremely perilous piece of life in the cutting edge society of the world, empowering better communication and enhanced social cooperations and interactions.

In recent decades, the situational crime perspective (SCP) has been gaining prominence over conventional crime prevention methods. SCP comprises “opportunity-reducing measures directed at highly specific forms of crime; involve management, design or manipulation of the immediate environment in a systematic and permanent way as possible.

 Credit has to be given to the Intelligence unit for being able to decode their words and be able to avert the attack. I considered this strategy as an x-factor in curbing terrorism  since it identify potential attack and appropriate measures taken to avert the attack.

Notably, the literature review incorporated in this study indicates that various philosophers and scholars deliberately blur the relationship between political imperatives and terrorism threats. The latter solely associate terrorism with social ideologies while overlooking the role of politics in the same. 

For there to be a supply for consideration, the rule requires three fundamental principles as follows: according to paragraph 74 onwards, there must be payment, and according to paragraph 100 onwards, there must be a sufficient nexus between the payment and the supply for consideration to be warranted as a supply.

Athens and Sparta fought the Peloponnesian War for twenty-seven years way back in 431-404 BC, China and Great Britain fought a series of Opium Wars more recently during 1839–1842 and 1856-1860 when the economic necessity associated with international trade acquired different and sharply contrasting perspectives between the trading partners.

Contract Law would be made of and would include the laws and regulations that are aimed at enforcing the agreements that have been entered upon by willing parties. In Australia contract law is regulated primarily by the 'common law', but there are more and more decrees that are being passed thereby supplementing the common law of contract - particularly in relation to consumer protection.

Thomas Hobbes is the Janus of jurisprudence. With one face, he looks back to the classical natural law tradition; with the other, he looks forward to the concerns and themes of positivism. Indeed, although rarely exalted, what can be seen in Hobbes’s writing is that as much as he has a conservative side, he still looks at law from a dynamic perspective.

There has been a situation of risk that has been poised by the contamination of soils and groundwater. There were deteriorating air and water levels that made the countries wake up and take notice. The early legislation in the area of contamination happened in the year 1970s. The specific legislation in the area of site contamination happened in the US Superfund law which was adopted in the year 1980.

The question of security presently comes out large in Australia and the United Kingdom. In response to different apprehended threats to these nations, their citizens and their borders that have been frequently threatened with drug trafficking, money laundering, illegal immigration, terrorism and many other risks, the governments in these states have assembled a progressively more unrestrained and full-bodied policing capacity

The consequences of World War II, the atrocities committed by the Nazis, a strong political protest arose in the universal community ending with acceptance in 1948 of the Universal Declaration of Human Rights, recognizing “the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world”.

The review found that victim-directed police intervention programs are limited to keeping the aggressor away from the victims which include arrest and detention of the aggressor, relocating the victims to safer locations, and providing routine security. There is nothing that indicates long-term and sustainable police intervention programs directed at victims of domestic violence.

Generally, burglary known also as housebreaking is a crime, the quintessence of which is an entry into premises with the intention of committing an offense. Typically, that offense will be a form of theft, but many jurisdictions stipulate others, which fall in the same case within the realm of burglary.

It is essential to state that denunciation refers to a situation where members of the public make use of public condemnation as a way of moral education. It takes the view of the public as the characterized value of consensus. The government on its part represents and articulates the generally held values.

‘Article XX of GATT [General Agreement on Tariffs and Trade] permits WTO Member States to act inconsistently with their GATT obligations in order to pursue certain designated policies. A number of developing countries, however, claim that this provision has promoted the use of unilateral environmental, health, and other policies as a means of disguised protectionism’

Ostensibly, there have been problems mainly related to the interpretation of forensic evidence. In most cases, in the various criminal prosecution, as well as civil litigation, numerous forensic evidence is offered in support of the conclusions about individualization, which are sometimes referred to as the matching of specimens.

The attorney is concerned about establishing the intention for such acts that must have resulted in debilitating fraud. He is suddenly aware that instead of insisting that Mr Young is the offender, Mr Smith should focus his efforts on assisting the forensic accountants to access the files in the President’s office to establish a case.

The media should therefore be selective during the reporting process of the crimes to avoid public anxiety. However, it is also important for the media to report violent crimes to set an agenda. This plays an important role in terms of establishing a datum for the authorities in terms of dealing with the crime.

The use of contracts by the government has become more widespread than ever before as the government is increasingly contracting in areas it used to be directly involved. The need to contract government functions means that the government is in constant interaction with the private sector through contractual relationships. However, the government holds unparalleled power as a contractual party.