Law Essays

The ruling is delivered even before the court obtains facts concerning that case. In a case similar cases emerge in the prospect, similar rules or rationale is utilized in conveying justice through legal decisions. The doctrine finds basis on stare decisis meaning that considering previous decisions made on similar cases. 

Several fundamental principles of the European community law are not included in the treaties passed, or secondary EC laws, rather they are found in case laws of the European court. As noted by Bernitz et al., the Treaty on European Union doesn't contain any provision with an express statement that regulates the question of the supremacy of laws.

Based on these fundamental human rights, it is recognized that marriage and family are the basic social institutions, however, the State cannot impose its will on individuals for them to marry when they prefer to cohabit without the benefit of marriage or civil partnership. The freedom to decide on matters affecting their private lives is addressed to the sound discretion of the individuals concerned.  

In fact, both the laws are insufficient to seek the help of others for assistance. Compared to other states in Australia, Queensland has more restrictions on the use of the Advance Health Directive, which results in hindering individual freedom to healthcare. 

The fact that Raylan and Boyd had agreed orally to set up a partnership and share profits and expenses equally does not amount to an agreement in law because, in absence of a written document containing provisions and guidelines about the partnership, the courts will apply the state law on partnerships (Bagley and Savage, 2010 chapter 20).

Usually it was seen that the carriers were at a greater advantage and had more negotiating and bargaining powers as compared to the shipper. The first attempt to introduce balance into the carrier and shipper relationship was to introduce a new modeled bill format, which had fairer terms for both parties. 

This link between punishment and the structure of the society is reflected in Durkheim's views about punishment and types of solidarity in societies; Philip Nonet and Philip Selznick's analysis of transitional legal systems and the movement from repressive to responsive law; Donald Black's work on the behavior of law; 

The principle of non-refoulment is the foundation of international refugee law and asylum. Article 14 of the Universal Declaration of Human Rights grants the right of seeking and enjoying asylum from persecution in other countries (Thomas 2011, p. 71).

This was to send an informal message to my client that he is a wanted man and, thus, he should act carefully. The main source of conflict is leadership as this group lost confidence in the ability of my client due to his physical health.

The definition of “Technology” in the agreement is very wide in the agreement. The technology aspect of the product covers any machine, product, apparatus, method, process, substance, composition of matter, or improvement thereof. This implies that any competing technology that may be even remotely related to the product is a potential breach of the contract.

The reason why parole causes inconsistency and resulting in a lot of doubt is that it gives the tribunal the power to determine the amount of punishment that an offender is to be given. In addition to that, the tribunal does not give punishment depending on the fault of the offender but at times puts into consideration things like the amendment to custody and the potential risks involved. 

The limitations imposed on the manifestation of religious belief are legitimate only when they negatively affect citizen rights, and public morals, health, or order. It is only under such conditions where there is a real threat to democracy a state has the legal right to interfere and impose restrictions on the manifestation of one’s beliefs.

Another important legal issue, in this case, is the intention to get legally bound and consideration.  Intention is the objective of both parties to get legally bound and is often determine by the courts objective.  Consideration is anything that is given in exchange for the promise that is received. 

In regard to the duties of company directors, the Act maintained a principal duty of directors as acting in the shareholders’ interests. Nonetheless, in fulfilling this primary duty, the directors are required to consider other matters, including: the interests of employees of the company; company’s operations impact on the environment and the community;   

During the long period of the conflict, there were so many atrocities committed ranging from acts of sexual violence, amputation, use of child combatants, mass killing, mutilation, forced recruitment into the armed gangs, exploitation of the diamond reserves in the country for purposes of financing the conflict, as well as abduction.

There have been debates on the effects of these social networks on the general economical development and growth of different companies. Online social networks have been regarded as the most influential. Social networks cannot be abolished in the workplace due to their importance in the business world.

This assignment also discusses the secret trust that is an exemption to the general rule that fits coming into effect upon the death of the settlor must be consistent with the Wills Act 1837. In order for a half secret or fully secret trust to be enforceable, they must meet the formal requirements prescribed for the valid creation of secret trusts. 

Tort law cannot achieve distributive goals and this attempt would be illegitimate, undesirable, ineffective and non-feasible. Tort law cannot meet the progressive redistribution of wealth from rich to poor. Tort law cannot advance the status of groups that are disadvantaged in society since in so many ways it runs short of fairness and that the bottom line is compensation.

The policy enumerates the claim of the insured for which the insurer is legally bound to pay. The policyholder may lodge a claim for the damages if occurred in lieu of the premium paid during the validity of the insurance contract. Hence, the insurance contracts are designed in a manner by the insurance company to suit the requirement of their clients.

In the case of Emerald who witnessed the horrible accident, there could be a case for tort under the principles of negligent liability. In the case of IKF, Alice can sue for compensation for the suit that was placed upon her by the people whose cake was burnt. This means that she can get compensation for the loss she incurred due to the burnt cake. 

The cleaner was not an employee of Donald and while he had to be at the service of Donald, Donald had no control as to how he should have been doing his job. Donald is in a similar position here as Coggins was against Harbour Board. His relation with the cleaner is under a contract for services and he has very limited control. 

Concurrently, conflict theory focuses on the occurrence of crime based on social and political variance. Positive reinforcement of both theories can reduce crime; however, social conflict theory is likely to address the occurrence of crime better in modern American society.

Although it is possible to make use of public bills, some form of private bills were commonly used in the 19th century to persuade the UK parliament to examine the bills before putting it into law (Faragher, 2010, p. 80). In the past, the monarch’s signature (a.k.a. Royal Assent) is required in passing a statutory law.

Recently Marie placed an order with a leather supplier for £100,000 to take advantage of a significant discount being offered for bulk purchase. The leather was delivered last week. As part of the outstanding offer, Marie received a £2,000 Cheque, which she gave to charity.

Period after period, leaders continue to lie to the citizens and abuse the power given unto them by the citizens. In the previous periods, citizens thought that the introduction of democracy would lead to a reduction of abuse of power. However, with democracy, abuse of power is on the verge of increasing.

In this context of transferring assets to another person, the shared property may include lands and buildings which can be considered as one of the most usual subjects of the order. However, in various cases, it can also be observed that the financial investments are further included within the transferring process. 

A trust is a binding agreement between a testator and the trustee for the beneficiary. Accordingly, for there to exist a valid trust, three certainties must be present. These are “certainty of words”, the certainty of “subject matter” (property bequeathed) and the “certainty of objects”. Under the “Property Act”, this type of bequest confers an intermediate income upon the death of a testator.  

The common-law method is founded on the doctrine of precedent, which constitutes the conceptual medium for bringing about the merger of law and justice. It has generally been observed that the pragmatic value of precedent gains prominence, whereas its justice-seeking aspect tends to be overlooked.

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.

International laws govern international relations. These laws include provisions that seek to manage the efficient functioning of the different states, ensuring fair and peaceful resolution of any issues which may arise.  Part of the international laws is the United National Convention on the Law of the Sea (UNCLOS).

The European Union is a political and economic union made up of 28 European countries. The union came into existence in 1993 following the signing of the Maastricht Treaty. It was preceded by the European Economic Community that was formed was formed in 1958 following the signing of the Treaty of Rome.

South Hampton region is near the coastal area and is prone to flooding due to the hurricanes experienced in the area. The flooding in the area is associated with crimes as the area is also one of the towns where crime rates have been high since the late 1960s. Crimes range from property to violent crimes in the south Hampton Roads.

It is its natural social and moral obligation to treat domestic abusers as criminals and it is necessary for the act of domestic battery as a criminal act. However, it must now re-examine the whole framework of domestic violence. It needs to consider and understand the aggressor is not the only one that needs assistance and rehabilitation, but also the victim.

The Lyme Bay disaster is an exceptional case because it shows that tort law can act as an effective deterrent. With respect to the public, civil and tort law aspect and civil rights of the members of the UK society, further on we will consider a great involvement and a role, which can be performed by the public at the governmental and local levels.

The paper is focused on considerations about “the best interests operation” in relation to people with mental disabilities. There is a need to act together in the name of the best interests of people with mental disabilities. Any act done or decision made on behalf of an adult lacking capacity must be in their best interests.

The EU policy aims to restrict anti-competitive measures, in order to promote economic freedom and consumer welfare. The discussion discloses that consumer welfare, one of the core objectives of the EU policy, is relegated to the background, on account of other considerations related to market integration.

Ultimately, human rights law is a part of public law that emerged with the creation of the state. Public law conferred upon states the authority to legislate and govern and thus regulates the relationship between the citizen and the state. Private law emerged as a method for creating a “private sphere” which is “free from the encroaching power of the state”.

The EU competition laws are meant to promote competition, fairness and efficient use of resources. A perfectly competitive market is the best for consumers and encourages competition amongst producers which leads to efficiency. The European Union's Treaty on the Functioning of the European Union forbids the establishment of cartels and monopolies.

The assertion that 'The Rules and Approaches that apply to statutory interpretation give too much latitude to the courts, and it seems there are no underpinning principles' is valid to a greater extent. The fact that the courts have the discretion to use the main rules and approaches that apply to statutory interpretation shows that they have been given too much latitude.

It is quite essential to state that the gap between government remedies and social ills has long been a concern of organizational theorists who examine corporate social responsibility, as well as humanitarians who work towards social change through establishing or donating to charities (Weisbord 2004). 

Application of partiality theory is important in admitting migrants in a country. The freedom to choose who become a refugee and an asylum seeker and who does not is vital, as it exists as the basis to which many ill motive migrants are despised. By application of partiality, social vices as well as other hardships will be less and thereby having a secure and healthy nation.

Evidence defines the direction of a case, hence should be credible at all cost to guarantee justice during the trial. The witness should present themselves before the court when needed to help with the elaboration of unclear areas and to aid in the identification of exhibits and issuing of testimony. This physical attendance allows the jury to assess the integrity of the witness.

Therefore, it is imperative for a person in the managerial or administrative position to possess skills in resolving disputes. Recent years have registered a growing trend of alternative dispute resolution methods, for instance, mediation, adjudication, conciliation, and various other hybrid arrangements. 

The seller does not, however, warrant that the goods will be fit for any particular purpose and therefore the buyer cannot claim in that regard. However, the seller provides that the goods will be of good quality and for the specific purpose and as he is liable to that extent if the goods delivered are not of good quality. 

The article examines the range of the application of the European Convention on Human Rights (Article 2), regarding the unborn fetus. In the case of Vo V France, the focus is on the jurisprudence of the ECHR on a country’s duty to life protection given both charitable and involuntary, neglectful extinction of pregnancies.

Communities need to live in harmony. The best way to ensure this is to practice self-policing and discipline. There is a dire need for people within a communal setting to embrace the privileges that come with community policing. There exists a relationship between the fall in crime fear and community policing no matter how the implementation process is carried out (Schnebly, 2008, p. 273).

This trend has been attributed to a higher satisfaction degree that partners in marriage expect from marriage (Herring, 2011, p. 105). Also, individualism increased work pressures, and career aspirations have been cited as contributing factors to increasing rates of divorce.

The terms of mutual trust and confidence have taken a central duty in the law of contract of employment. It is the most powerful ruler in the modern law of employment contracts. It has thus formed the pillar of the legal construction of employment contacts. The implied duty has formed part of the law of the contract of employment for over 70 years. 

Moreover, marijuana prohibition criminal justice efforts cost an estimated eight million dollars a year in the United States. To put it bluntly, marijuana prohibition is expensive and brings more harm to taxpayers’ wallets. However, credit is not given to the positive outcomes it holds for marginalized individuals, such as the growing demand for marijuana giving a means of income to those in desperate need.

America and Canada have good trade relations mainly because of a free trade agreement between these two states. Canada and America are close neighbors and these countries have somewhat similar law and justice system. The theme of this paper revolves around laws and jurisdiction in the US and Canada.