Law Essays

"Recent cases in which DNA evidence has been used to exonerate individuals convicted primarily on the basis of eyewitness testimony have shown us that eyewitness evidence is not infallible. Even the most honest and objective people can make mistakes in recalling and interpreting a witnessed event; it is the nature of human memory" Travis (1999).

The three most common types of bankruptcy are Chapter 7, Chapter 13, and Chapter 11. A chapter 7 bankruptcy is performed when a debtor's assets are compiled and liquidated to pay creditors in order of priority. After the assets are divided among the creditors, the creditors have no future right to collect the debtors' earnings because all debts are discharged.

It should be noted that most of the provisions of the act applies to publicly listed companies. With the enactment of this law new duties and penalties are imposed for non-compliance of concerned entities which includes public companies and their executives, directors, auditors, attorneys and securities analysts ("Executive Summary of The Sarbanes-Oxley Act Of 2002 P.L.107-204," n.d.).

It was known to the contractor that he did not comply with the conditions of the contract regarding the completion of the work. In spite of that, they stopped the delivery of the work, and instead of making liable the subcontractor N he tried to recover the loss and damage caused to him by the N from the employer E.

The definitions and explanations of the various topics in the act will make the law reasonable and reliable to execute. The drafted law will be kept in the parliament for debate. This debate will expose various vulnerabilities and defects in the law and the administration will correct them according to the response of the people's representatives.  

The question raises some issues from a contract of illegality, unconscionable conduct, undue influence, economic duress, and misrepresentation. Here the main function will be to advise Clarence and Ginger whether they have claims for damages arising out of the above scenario, and if so, what the likely outcome of such claim is likely to be. 

Contracts need to be drafted with due care and caution by experts in the field as well as with legal advice. While malafide intent is not time-constrained and may arise even after a lapse of a long period, disputes could be adjudicated by applying the principle of reasonableness. Reasonablenes have to be assessed by the Judge. 

Hart's Postscript and the mutual courtesies of the two friendly protagonists suggest that the differences between them can easily be exaggerated. They come from a shared philosophical tradition, but from somewhat different legal cultures. Neither has drawn much inspiration from anthropology, sociology, or history.

Moral dilemmas can also arise when, for one, a competent adult patient refuses treatment on religious grounds, when the patient is incompetent, and his wishes are never expressed when the patient had expressed the wish to withhold treatment before he became incompetent, and the parent who decides to withhold treatment on behalf of her child.

In a world in which advances in forensic science have led to increased specialization and growth in the expertise needed within those specialties, the expert witness seems to be here to stay. The justice system cannot get rid of expert witnesses altogether, but the system by which someone “becomes an expert”, and the manner in which their evidence is evaluated can be improved.

Corruption undermines economic development by creating substantial disturbance and inadequacy. It diminishes democracy and good governance. Corruption in elections and in legislative bodies reduces accountability and distorts representation in policymaking; corruption in the judiciary compromises rule of law; and corruption in public administration results in the unfair provision of services.

The seller then sends the relevant contract, carriage, and insurance documents to the buyer, who pays on receipt of these documents and uses them to collect the goods when they arrive. (Pritchard). The CIF contract is just one of several standard form contracts that deal with goods transported by sea.

Some environmental legislation is designed to regulate the nature and quantity of negative impacts of human activities. Meanwhile, the essence of this essay is primarily focusing on the Subsidiary Policy of the EU, as a means of Implementing Environmental Policy.

Local customary law was the most common form of law in England before the Norman Conquest in 1066. Local communities would congregate to form assemblies, also know as moots, where they would create laws based on common customary views. At the beginning of the thirteenth century, the concept of common law began to emerge.

Every company has a body of persons who will manage the affairs of the company such body of persons who are vested with the powers and responsibilities of managing the affairs of the company are called the directors. The appointment, remuneration, and responsibilities are regulated by the Company's Act, more specifically by table A of the act.

(Security Industry Authority website) There is an increasing awareness on the significance and scope of the responsibilities of a CPO. The SIA also recognizes the need for a structured training programme to ensure that the CPOs are effective in their job.

The author states that in the US, our criminal sentencing traditions are built upon the concept of making the punishment fit the crime. In addition, courts consider mitigating circumstances based on the severity of the crime that may result in a harsher sentence or bring about compassion and leniency in sentencing.

The first scenario will tackle the modes by which a contract can be considered as frustrated and thus will validly free a party from performing its obligations. In the second scenario, the research will dwell extensively on the validity of exclusion clauses that allow a party to escape fully or partially from liability on a contract.

This is best explained in the following case, Donoghue v Stevenson, 1932: whereby, a man bought a bottle of ginger beer from a retail shop for his girlfriend. The manufacturer had bottled the substance in an opaque bottle so that its contents could not be seen. When the girl poured the contents into the glass, it contained the decomposed remains of a snail.

This paper will define what is meant by identity theft, describe the different types and the consequences of identity theft, and then describe how best to respond to identity theft. As a preliminary matter, identity theft is defined by federal statute. The Identity Theft Act defines identity theft.

In this discussion, several cases of English law having implications for the draftsman’s duties in the preparation of a will are highlighted and examined in detail. The draftsman’s duties are categorized as errors that he makes in the documents, legal errors due to inadequate knowledge, or delays in the actual preparation of the will for which he may be held responsible.

Rory, who lives in Adelaide, approached Haka Travel Agency who lured her with their various brochures and made her buy a tour package to New Zealand for an amount of $10000. She was offered 12 nights and 13 days' stay and tour in New Zealand, with the provision of five star luxurious hotel accommodations.

My visit to the impressive Old Bailey gave me a first-hand perspective on the UK Justice System and allowed me to analyze one of the most important traditions of the British people, the legal precedent of hundreds of years of criminal law.  From an issue-based perspective, I chose to explore discrimination within the UK Justice System.  

How far can the innovations be protected from being illegally copied? The justification on part of the innovator from stopping its innovations or products from being replicated in some other form needs to be debated both on ethical and moral grounds. This argument is particularly common and debated in the pharmaceutical sector. 

In general, judicial review is the power of the courts or of judicial bodies under the judiciary department to resolve issues that bear on the interpretation or construction of laws, including the constitution, the fundamental law of any sovereignty. In United Kingdom jurisprudence, judicial review is a process whereby courts or judicial bodies supervise the exercise of a public power.

The paper shall analyze what sociological or criminological theories adequately explain these trends. Criminology is the scientific study of crime and criminals vis-à-vis society. To know more about crimes they have to be measured and recorded. Measuring crime and Criminal Behavior is one of the most important functions of criminology.

To date, the Court is flooded with cases too numerous for normal load, some of which were said to take up to five years before being heard and there is much backlog. 3 For example, according to the Human Rights Information Bulletin, 4 between November 1, 2003 and February 29, 2004 the Court dealt with 7315 cases, of which 6255 were declared inadmissible.5

According to Hughes and Edwards (2002, pp. 12-15), the involvement of the community in such efforts has become increasingly important with the development of research highlighting the importance of social systems and support in mitigating crime. Thus, Manchester's CDRP will be able to streamline not only government and public resources but also create social significance in the addressing criminality and disorder.

In the landmark case of Caparo, the shareholders' based investment judgments on wrong financial accounts, and later sued for negligence. The Court held that the auditors were functioning as watchdogs to the directors and, while they could have foreseen that their report would be seen by the investors, it was not reasonable for investors to rely on it.

Employment defined in various terms may be perceived differently as well. It included hiring, managing, rewarding, and taking care of people in return for the services and work they render for an individual or organization. Details of work and employment are written and agreed on in the contract between two parties.

In addition to saving lives, protecting buildings, and saving a community's critical infrastructure, the emergency manager needs to mitigate the risk that a natural disaster poses to the culture of an area. This can include the protection of historic sites, art and artefacts, and items of historic or cultural value.

A number of states, territories, and federal agencies also administer a wide variety of legislation related to white-collar crime. The police are responsible for the criminal law. The sheriff and bailiffs in each state and territory are responsible for the enforcement of the judgments of the courts exercising civil law (common law) jurisdictions.

Section 40703 of VAWA was enacted to provide assistance with the unique problems that battered immigrants face. Prior to the enactment of this legislation, batterers who are U.S. citizens or lawful permanent residents could use their status to continue the abuse of their victims by withholding assistance in the immigration process.

The author states that twenty nine states accepted its Articles of Agreement in the expectations of avoiding a reappearance of the economic procedures that donated to the United States Great Depression in the 1930's. Other objectives of the IMF comprise the endorsement of international monetary cooperation and the development of worldwide trade.

This paper will begin with the statement that one of the distinct fields to emerge in the aftermath of the Second World War is the international human rights law. Though there is a substantial body of norms of international human rights law, the mechanism to enforce it universally has remained weak.

Laws are essentially made to control the behaviour of the people. If we see this practically, laws are meant to check the evil side of the human mind, which forces people to commit negative things harmful for any society and/or country. It means that the principles and guidelines of the law which have been set forth in a society are essentially meant to control the behavior, attitude and professional practice of judges.

Knife crime is a serious social problem and is like an epidemic among teenagers and a threat to the safety of human life and property. It must be considered as a more serious offense because it affects the character formation of teenagers. As teenagers are the future citizens, the future of our society and culture is under threat.

If the sale was a trade sale then Helen becomes a part of the supply chain and consequently has to take some responsibility for the goods with respect to the safety of the product she sells. Therefore Imran would become entitled to bring the primary claim against Helen. He has also the right to involve Clef the importer also in the case.   

Andy’s company called Secure It is changing to a web-based order system, using e-mail and also limiting visitations to cases where customers respond to post or e-mail promotion for a security check. In addition to a decrease in sales work on the road, Andy was told he must take a course in electronics in order to make after-sales repairs.

The instances of discrimination are unfortunately frequently encountered in our life. This type of social behavior that could lead to unfair treatment of a group of people on various grounds such as sex, religion, age, nationality, or social status is certainly not confined to European nations, rather it can be encountered everywhere.

The Warren Court's landmark 1963 opinion in Gideon revisited the issue confronted twenty years earlier in Betts v. Brady - the scope of an indigent defendant's constitutional entitlement to government-provided assistance in state court.

All matters that pertain to the justice and security status of the United States should be referred and confirmed within the United States Constitution, which only implies that all processes made for the State’s justice system and security status should be executed within the bounds of the law following certain procedures and methods necessary for the preservation of the rights of the people.

This is however subject to the requirement that the said Deed has complied with all the legal formalities for the transfer. Hence, the house "Gatesgarth" is no longer subject to the free disposal of Grant at the time of his death. If Grant really intended to give the house to David, he could have revoked or rescinded the Deed of Transfer earlier made by him in favor of Polly so as to give effect to the provision of his will giving the same house to David.

The author states that to reconcile the differences of the many rating scales, a balanced manner of examining the different factors that makes up an evidenced-based practice more understandable for the stakeholders that it is practically made for is given particular attention. The said balance of attention is focused on the credibility of the practice.

The principle of Strong v Bird is that, in certain circumstances, equitable discretion will be refused when it would normally be granted, allowing an earlier common-law rule to prevail. The common-law rule is that if a testator appoints to be his executor someone that owes him money, the debt is canceled when the testator dies.

The advantage of the Land Registration Act 2002 is the Support for home and property ownership and a secured credit market. LRA 2002 applies to any unregistered legal estate which is an interest of a freehold or leasehold estate in land, a rent charge, a franchise, or a profit a prendre. A leasehold estate can only be registered voluntarily.

The delegation of power and full discretion to the police officer in cases of domestic violence has somehow managed to infuse peace and order in a certain community. However, all listed cases of domestic violence is a just a part and parcel of the many cases of domestic violence. The intimacy of domestic violence has marred some victims to ask for police assistance.

In Betts v. Brandy, 316 U.S. 455 (1942), the court modified this doctrine slightly, ruling, “that whether or not a lawyer was required would depend on the circumstances of whether a lack of representation affected a denial of due process, rendering the trial unfair.

The gap within both the systems is consequently that there is no discrete branch of regulation that relates merely moreover only to the aspect of commercial transactions. There is no divided Commercial Code within England furthermore Wales in addition to a divided authority for the legal action involving commercial disputes.

574) (2) Where such a question is raised before any court or tribunal of a Member State, that court or tribunal may, if it considers that a decision on the question is necessary to enable it to give judgment, request the Court of Justice to give a ruling thereon.