Law Essays

A judicial review is a complaint in a Supreme Court that does not look at the merits of the case but the procedure followed in deciding a case. Commencement of judicial review in the supreme court starts through application to the supreme court by way of an originating application. A person has a right to request a statement of reason.

beneficiaries and Mr. X transfers securities valued at $1 million and a basis of $500,000 to the trustee of the trust, if he subject to capital gains tax on such a transfer? 4. A U.S. settlor creates and funds

This report concerns the intellectual property law, which sets the legal rights for individuals as well as organizations to control and manipulate intangible creations and marks. Such creations may range from novels to logos to drug formulae. This work will first describe the need for intellectual property rights protection and its implication for the economy of the UK.

Valet parking ticket can be provided in places where parking is unlimited to provide convenience to patrons. The purpose of this paper is to explain the strengths and weakness of a valet ticket

The UK government could bring forth a legal challenge against the new anti-money laundering rules proposed by the Fourth Directive by the EU that is almost being implemented.  Correspondence between the House of Lords EU committee and the government could bring the legal challenge before the Court of Justice of the EU (CJEU).

The disorders can be determined through medical procedures if the condition has lasted for a year or longer, or at least the condition is expected to last for more than a year. This definition is contrary to the definition which emphasizes the idea that a victim of disability is a person able to do all activities done by the normal human beings.

For an express trust to be constituted, it should fulfill three requirements including capacity, formalities, the requirement of certainty and the constitution.   This paper will serve as advice to be used by the executor of the property left by Sindy to her daughter and grandchildren, paying attention to the issues of formality and the constitution.

According to the paper findings, it can, therefore, be said that the Medical Practitioners Board of Victoria protects the community by ensuring doctors maintain professional standards and practice ethically and competently. However, if the complainant was proven wrong the doctor being complained will be given proper treatment and fair judgment.

Directives issued by the EU need to be enforced by Member countries; there are seemingly no escapes, however, its modalities and modus operandi are subject matters to be decided by its National Courts and lawmakers. However, what is important is that directives cannot be ignored, brushed aside, or partially enforced by the Member States, nor any compromises made on its practical implementation.

For example, a citizen within a Berne Convention jurisdiction will enjoy the same protection under UK copyright law as if he was a UK citizen. Accordingly, once a copyrighted work is created in the UK, it automatically has copyright protection in all other countries that are signatories to the Convention.

The Grolier encyclopedia says that according to Locke, men living together according to reason without a common superior on earth, with authority to judge between them, is properly the state of Nature. But force, or a declared design of force upon the person of another, where there is no common superior on earth to appeal to for relief, is the state of war.

According to Tru Crime Library, Detective Patrick Kennedy was the person who gained Jeffrey Dahmer’s trust and hence plummeted into the depths of his degeneracy. In June of 1978, right after graduation Dahmer committed his first murder. Steven Hicks, a hitchhiker that he picked up and had sex with was the first of his victims.

As a rule, the Queensland courts mete out justice due of their convicted criminals. However, there arises the belief that the justice system ends at the gates of the Queensland prison system. Beyond these gates, a bureaucratic and politically

Many argue that the Common Law is biased towards employers while others argue that employment standard codes and human right codes have become a burden on the employers with unwieldy rules imposing negative impacts on the

Not all speech gets provided with equal protection under the first amendment. Some forms of speech get provided with full protection, others with less protection, and others without protection altogether. The courts

The seller's defense could well suit to be an error unless Xu had another valid document to substantiate his own claim. Second, based on Panchaud Freres SA v Establishments General Grain Co, buyers’ complaints of an existing error in the shipping documents after accepting them are precluded (Bradgate &White, p. 263).

Human rights were first identified globally by Universal Declaration on Human Rights in the year 1948. Subsequently, it was readily accepted by the European Convention on Human Rights (ECHR). In the year 1998, the Human Rights Act was approved, making human rights and liberty directly enforceable in the UK (Liberty 80, n.d.). 

Plea-bargaining eliminates the prosecution’s burden of proof beyond reasonable doubt and therefore saves it the time and resources that could otherwise be used in investigations and presentation of evidence. Similarly, the saved time and resources could be used to focus on and establish efficiency in cases that have greater weight.

On purchasing property at Happy Acres Senior Retirement Living Mary and Sally signed a contract with John. The Contract was titled Installment Sales Contract. In this contract, John was termed as the “Seller” and Mary and Sally were termed as the “Purchaser”. Mary and Sally purchased lot 4 by the signing of the Mary and Sally Contract.

However, these countries with established democracies are pointing the unsolved journalist murders to the failure of elected governments to protect journalists (Lisosky & Henrichsen, 2011, p.111). The authorities are claiming

The interest is protected by a record in the register such as those protected by notice. 2) If the registered landowner holds the land as a trustee then, he or she is only entitled to the rights they have noticed in regard to the person entitled as beneficiary. 3) Interests overriding under schedule 1 of the LRA 2002 have not been disclosed through entry on the register.

The impact of the Due Process Clause of the 14th amendment has made the application of the 8th amendment against the federal government and those of states. The eighth amendment provides that a

The conclusion from this study states that the public criminal investigators rely heavily on private security investigators. This is evident in the fact that there is a flow of information from the police informants and the undercover agents who are mainly private investigators called upon to assist the police department.

ses that call for reduced funding for correctional facilities, the correctional manager is forced to deal with a lot of challenges that stem from these cuts in funding. One of the challenges facing the manager has to do with the reduction of the number of employees within the

The supervision statuses for probation is viewed in different perspectives that include; active supervision which means probationers are required to report to a probation authority by mail, person or telephone in a regular manner. Others may

Citing the source of your work, don’t guarantee the use of someone’s original innovation. To use more than brief quotations from copyrighted materials lawfully, permission must be secured from the lawful owner. If someone’s content is posted in public areas it is protected by copyright laws, therefore using without owner’s permission is acting against the copyright laws

Based on their nature of work that is related to law enforcement and the prosecution of offenders, most of the prosecutors feel that they are immune and thus cannot be punished irrespective of the laws that they violate or the regulations that they go against. They operate under the rule that was established in 1976 under Imbler v. Pachtman.

It comprises various principles, although the general principles of the law are regarded to be seven guidelines, which form the structure of insurance law. These seven principles are denoted as the “Principle of uberrimae fidei’, ‘Insurable interest and indemnity’, ‘Principle of indemnity’, etc.  

If the defendant, as well as the prosecution, agrees towards sentencing and the Crown thus accepts the negotiated plea, the court is ought to accept the entire plea agreement, which also encompasses an agree-upon sentence amid the prime ones. However, this sort of situation is deemed to be quite different in other jurisdictions.

The author states that the view of Biosocial Theory of Crime is that individuals will engage in unlawful act not by choice, but because of the influence of their immediate surroundings. A child born in areas with high prevalence of criminal activities will most likely join the vice. The theory suggests that crime is inborn.

Therefore, the Indiana client can sue the organization in Ohio because that is where it does business. In 1 (b), the client can file a suit in Indiana court without necessarily having to go to Ohio. According to the Long Arm Statute, a State can exercise jurisdiction over an out-of-state defendant provided that the requirements of the Sufficient Minimum Contacts have been met.

Moreover, embryos have the capacity to become developed humans right from the beginning of fertilization. Thus the existing UK legislation, which promotes embryo research, may not be morally acceptable and it subverts egalitarianism through discrimination against early embryos (Deckers, Jun2005).

Licensing Laws in Australia for a driver's license differ among states and territories, but most of the involvement of a similar procedure and a graduated licensing system Queensland Learner License. Nomenclature varies between states and territories in Australia between the driver's license and driver's license "Learner Queensland License".

Despite this, the people have individual rights, and Britain has a long-standing tradition, whereby the rights and civil liberties of UK citizens have been accorded protection. This tradition creates an environment in which the legal position of such civil rights is always a debatable matter. It is also uncertain as to the extent that people have these liberties.

Over the past few decades, experts from various fields have tried to explore the correlation between gender and crime and have tried to analyze the same in light of their own knowledge and field dynamics (Belknap, pp. 85, 2007). The common perception is that even the available data suggests that men, in general, are more likely to commit crimes than women.

Usually, the contracts that threaten to mutilate public property or cause moral harm to the public policy are regarded as illegal. There is, however, a question that what exactly renders the subject matter of a contract illegal. While judging cases of this sort, the element of discretion is involved to a great degree. The judges are often criticized for giving up objectivity and overlooking the true essence of such contracts.

The case was presented in front of the jury, where the defendant was tried for assault charges and custody of a gun that was used in the killing of Robert Fumiati, a police officer of New Haven. The defendant was found guilty of both charges, however, the State presented another charge on the defendant that he was a constant threat to the public because of his history and, therefore, he should be kept behind bars.

During the last two decades, there has been a drastic technological explosion and it has impacted the way of performing business in many aspects. The commencement of business transactions over the internet has amplified not only as a marketing tool of promotion, but it has provided a wide platform of the online market between the consumers and sellers.

The paper is aimed at examining the Wulfrun city riots of 2011 from the perspective of a social worker who is placed at the Wulfrun Social Service Department. The paper shall be analyzing the criminal cases which were put into the record after the riots were ended and all the criminals were arrested.

On the legal aspect, it can be stated that the party by categorizing the inability to generate significant financial gains from a particular contract as nonperformance of the other party involved in the contract, under the absence of other external influences can move forward to withdrawing the existing contract. 

If a tort lawsuit is successful, the wrongdoer is obligated to compensate the victim. Legal wrong - recognized by law; relational wrong – committed towards a person(s) who have the only right to invoke the tort law; injurious wrong – there must be a victim who suffers bodily harm or damage to property, and a civil wrong – a violation of a norm of conduct.

The different factors which are isolated and tested in criminal investigations, are isolated to find out if the victim had consumed alcohol before death, did any illegal prescription or drugs contributed towards his death, were there any other chemicals, like poison present in the victim’s body if there were any metals found.

A mortgage is in land or property is a way in which parties to a mortgage can secure the fulfillment of an obligation. In the event that the mortgager is not in, the position of fulfilling the pledges of a mortgage, under the mortgage law the mortgager is entitled to the rights over the mortgager in recovering or getting the reimbursement from the costs of the mortgage (Stroud, 2013).

In this situation, the reason behind the fall could be argued from the lady’s and the store manager’s points of view. Consequently, litigation would create unnecessary producers that could be avoided. For this reason, I would

Congress plays investigative role and oversight on the Executive including the federal agencies and its investigations mainly focus in reviewing, monitoring and supervising federal programs, agencies and

This paper discusses the aspects that have led to the lack of adoption of the provisions of international conventions. In the latter part, the researcher will base the discussion on the effect of hybrid regimes on international conventions. The key challenge relating to multimodal transport relates the fact that varied forms of transport may be integrated into a single contract of carriage.

The laws’ actualize sentiments that juvenile offenders are responsible for criminal activity and attendant punishment; rehabilitation is ineffective and beyond reach for some delinquents; transfer is needed for deterrence purposes and putting away

The rational choice theory asserts that people might commit crimes out of self-interest and if the rewards of their acts outweigh the expected risks. The strain theory on its part states that if people fail to live up to society’s expectations, crime might be a resolution for them. Crime is directly related to the nature of one’s surroundings and settings.

Legal institutions in the UK strive to deliver justice by convicting persons guilty of unlawful acts, resolving civil disputes in society, and interpreting the laws to concerned parties. The British legal system has a wide variety of legal institutions that perform different functions in administering justice. Tribunals are categorized in terms of their powers.

The Morey Unit Hostage Situation was the longest prison hostage standoff in the history of the United States. Incident has brought into surface the need for a thorough reevaluation of procedures, training, budget allocation of correctional institutions and inmate management. The incident was a hard lesson on the perils of complacency in a correctional environment that sadly could have been avoided with precise measures.