Law Essays

Primarily and most importantly, jurisprudence is the study of the sources of law. The present study is work on particular jurisprudence since it seeks the correct positioning of the doctrine of judicial precedent within the English legal system. For this purpose, it is necessary to see jurisprudence as classified as particular jurisprudence and general jurisprudence.

The author believes that a person’s sense of “wrong” has a variety of sources, and so does deterrence. Humanity today for example increasingly operates on the basis of altruism – doing right because it is for the good of others. By helping others, a person gains a sense of fulfillment that cannot be derived from acting selfishly or from doing wrong.

The cases showed that when the individuals involved were subject for interrogation, they were not informed by about their right to remain silent and their right to representation. After these warnings were given, a defendant could knowingly and intelligently waive these rights and agree to answer questions or make a statement.

The author states that some of the most central competencies for the juvenile justice worker include good communication skills, patience, creativity, respect, motivation, compassion, and commitment to youths. “Juvenile justice workers fulfill a dual role: a public safety and accountability role, which involves the management of youths’ behavior.

The words ‘reform’ and ‘reformer’, were deployed in political and religious controversy for several centuries and increased in currency from the mid-eighteenth century. However, before 1830, to be a reformer meant that you principally supported parliamentary reform and other campaigns which used different terms to define their objectives.

 Since the Vienna Convention cannot be invoked in this case, it may be necessary to seek the legal assistance of the International Court of Justice at the Hague (A specialised organ of the UNO to deal with disputes among countries) to work out a peaceful settlement that could be accepted by all the three parties in the dispute, Countries A,B and C. 

Over the years knowledge has always served as an instrument of empowerment. Meanwhile, scholars like Francis Bacon remain convinced that the cardinal element of this power in knowledge lies in the possession of information. The distinction here is that information in its absolute form does not amount to power it is the possession, use, and control of this information that creates the empowerment.

As the offences and punishments are on the increase from year to year, the authorities have to allocate more funds to meet the increased expenses and mounting problems of prisoners. Prisons in the present day face a number of problems of which overcrowding has become a serious issue.

"'Prudentia,' meaning "knowledge" in Latin, translates directly to English as "prudence." The native English word is "wisdom," which also originally meant "knowledge." In either case, one behaves prudently or wisely because one has knowledge of the possible consequences of a particular action", http://en.wikipedia.org/wiki/Jurisprudence

It is unlawful for an employer to discriminate against a potential employee on the grounds of race, colour, nationality, or ethnic or national origins, which the Act calls collectively 'racial grounds'.

The author states that ethical law has always found it difficult to decide, about the extent of the punishment being provided to the offender. Essentially, if one would put oneself in the shoes of the offender, then one would like to receive every bit of solace that is related to the legal condition.

Changing the surname of a child is being done as a "result of divorce" ("Changing the child's surname") of the parents or to correct paternity fraud. In cases of paternity fraud, there are many potential victims. This includes the man defrauded, the biological father who is deprived of his paternal relationship and most of all, the child who was deprived of a relationship with his biological father.

The author states that in some areas like the United States, corporations can be sued against any acts of its representatives. It has, however, to be established that the representatives committed the acts for the corporation to take responsibility. Under the US laws, a corporation is held criminally liable for the acts of its representatives.

There are several qualifications to consideration principle such as that consideration need not be adequate, past consideration is no consideration, it should executory or executed, and there can be no consideration between transactions out of love and affection. Situations like these render the requirement of consideration in a contract a very essential one for the determination of its validity.

"Today, we are taking historic action to defend the US and protect our citizens against the dangers of a new era. With my signature, this act of Congress will create a new Department of Homeland Security, ensuring that our efforts to defend this country are comprehensive and united”, said President Bush. The new department will analyze threats.

History can attest to the vital role that messengers play in the prosperity and downfall of a nation. Whether they bring good or bad news or any piece of valuable information for that matter, messengers have become the bridges that connect tribes, communities, and societies. Today, such is the role that diplomats undertake. 

In conclusion, the ICC, LCIA, and ICSID all play imperious roles in assisting to resolve the percentage of international disputes that occur every year. Without the implementation of these institutions, there would be no feasible way to assist international businesses with overcoming the problems that obviously exist in international business.

; E) Understanding of the policies and procedures involved in the City's operations and the pertinent legislation relating to real property, subdivision development, expropriations, and street openings and closings; and F) Comprehensive knowledge acquired practicing as a Professional Land Surveyor pertaining to legal surveys, plan preparation and legal principles affecting ownership." 1

The policy will set a vision, goals, and guiding principles for our oceans which will be common to all ocean users and will be adopted by sectoral management agencies. Specific outcomes and actions for each sector are a positive step towards dealing with maritime externalities and will be developed to assist us to use, care and understand our oceans.

The author states that the areas covered under this law to ensure fair business practices fall under four categories: agreements between competitors, contractual arrangements between sellers and buyers, the pursuit or maintenance of monopoly power, and mergers. The foundation for the Law was The Sherman Anti-Trust Act of 1890.

These occurred between the years of 2001-2002 but the criminal acts went on years before hand. Some of those involved in this scandal included: World Com, Global Crossing, Adelphia, and Tyco (Friedrich 2004). The best possible way to develop an understanding of these crimes is through utilizing a specific criminological theory to define them (Friedrich 2004).

The author states that the growing number of crimes by children in the United States has raised serious questions concerning the juvenile justice system in the country and several critics of the current system have requested a total reframing of the system. The statistics are a major reason why we need to revamp our antiquated juvenile justice system.

This essay discusses the above and also whether harmonization will enable legal institutions to progress. In 1966 the General Assembly of the UN established the United Nations Commission on International Trade Law (UNCITRAL). Its purpose was to advance the harmonization and unification of the law of international trade.

There have been policy grounds that have been used as a basis for decisions by the courts. The structure of negligence is based on flexibility, but it has been seen that the evolution of the tort was not quite favoured by the courts and so in recent years there have been restrictions placed on its scope.

The first and foremost problem faced by the group in the discussion was that the group was not decided on what approach to take to tackle this topic because it was a topic that has certain societal taboos against it and definitely going against these taboos and to break out of the norm myopia was a difficult task to do.

By registering the mark TomPot Messrs Soil will prevent their competitors from using their brand name which is likely to cause confusion to their customers. By so doing they will prevent their competitors from using the mark TomPot. However, if they proceed then they will be held liable for infringement.

The author states that fraud detection software and security patches can barely outpace the criminals who are constantly in search of a vulnerability to exploit. Firewalls, password technology, and biometric devices all contribute to making the personal data that is available on the Internet more secure.

For one to be held responsible for violation of the tort law, the claimant must establish that there is a duty of care and this duty has been breached to cause damage or loss to the claimant that needs to be compensated by an award of damages. There is a breach of the duty of care principle if the defendant is proven to have failed to do what a reasonable person will do in the situation presented (Polinsky & Shavell, 1994).

When a case is decided by a judge then his decision and the basis of the case becomes a precedent which other courts follow while deciding a case that is similar in nature. The systems of rules of Common law are dependent more on judicial decisions and less on civil law systems which in turn are dependent mainly on written laws and statutes.

When we trace the Common Law of twelfth century England, it is obvious that jurisprudence in the UK has come a long way over the course of time. One historical account which we found in a piece from Historical Framework, titled “debt”, describes the law as that of relational obligations. The law at this time was normative.

(Wikipedia) This paper attempts to find out when the first world court was formed, and whether these courts are made impotent because their judgments lack binding authority. The paper will also discuss what advisory opinions are, and try to find out the procedural differences between the world court and the courts in the United States.

Law can generally be defined as structures of rules and regulations that are set out in a community to encourage or deter certain behaviors that may lead to disharmony and instability in a community. The importance of law in society cannot be overemphasized more so because of the nature of life and the human being. 

One largely ignores the fact that not half a century ago that what was mostly a divided and warring section of Mediterranean countries like Greece,Spain and Portugal is now today an integrated and peaceful Europe and the European integration project in which Turkey wants to join, has brought Europe together into a cohesive whole creating a 'security community' within an ever growing community where there is a "democratic peace".

This paper provides an account of responsibilities that a health plan or affiliate must assume throughout the contract’s life. This normally includes the schedule of charges for various services, changes in the fee schedule, payment process, etc. Care should be taken to review the details like filling the time period.

The Health and Safety at Work etc Act 1974 provided for the creation of a Health and Safety Commission (HSC) and Health and Safety Executive (HSE) and the continuation of the Employment Medical Advisory Service. The Commission came into being on 1 October 1974 and appointed the Health and Safety Executive on 1 January 1975.

Public bureaucracy in America has deeply sunk due to its influence and origin in the early practice. According to Henry (8), the earliest type of public bureaucracy was practiced by the Native Americans who lived with the European settlers for centuries and they formed their own constitution that included Indian images of liberty with their civil policy which included being reluctant to concentration of power to one person.

This paper, however, deters from this point of view. Does discrimination still exist? We proclaim our world to be moving towards egalitarianism and see affirmative action as a hurdle to providing equal opportunities to all. However, every time a woman is harassed at her workplace by her male superiors, every time an Asian is beaten up because he wears a turban and looks much like the terrorist on the telly, every time a black person is assumed to be a gun-toting menace to society, discrimination happens.

Since historical times, different U.S states have attempted to or have actually enacted laws aimed at restricting immigration into the country. One such law was the Support Our Law Enforcement and Safe Neighborhoods Act, often referred to as the Arizona SB 1070. It was introduced into Arizona Senate and later signed into law by Governor Jan Brewer on April 23, 2010.

Criminologists have, for a long time, but their emphasis strictly on the roles of the criminal. However, researchers have, over some years, discovered that the role played by the victim is actually very vital just as the role of the criminal. This is because the role of the victim can shape, influence fate, and motivate a criminal. 

After the September 11 attacks on the world trade center, this term has taken a whole new understanding and its recognition has led it to become a brand name used interchangeably with the terrorist organization. More often, the word is ‘terror’ is used to describe the looming global security threat crisis.

The author states that police officers are subject to the same laws as every other American, but the obstacles of silence and loyalty to their brethren stand in the way of adequate prosecution. While in America we believe in the idea that no man is above the law, one has to wonder when we see the results of police internal investigations.

The ambulance service is liable, barring any excuse for a fortuitous even or for an act of God. The nature of an ambulance service is logical that it must be prompt and always ready. The people who are supposed to operate the ambulance vehicle are presumed alert, well-trained, and will be on the go at any time demanded of them. 

Provided that an enforceable trust must be established, the conflict can be understood in terms of the manner that which the properties must be distributed among the siblings. Naturally, Edward and the others would want an equal distribution of the whole estate, including the three new properties, believing the properties were bought with their parent’s money; they should each receive an equal share.

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the Freedom of Speech or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances

In response, the Union attempted to regain order in the Confederate states during the Reconstruction era. The ex-slave states were divided into 5 military districts by the Reconstruction Act of 1867 and an assistant commissioner was appointed to each district. (McElrath 2008 Afroamhistory.about.com)

Friedman M.R (2004). The contract is normally formed by letters between the solicitors on behalf of each of the seller and purchaser, called missives. Once all the terms of the contract are agreed upon, the missives are said to be concluded, and there is then a binding contract for the sale of the property.

Basically, in the 20th-century era, the only main positive aspect of the Homestead Clause. Is the fact that if a family is in need, and a judgment .is made against them, to allow for recovery of monetary funds owed, then at least the clause will protect their home from forced selling to pay the obligations (Texas Homestead Law).

“Rule-of-law reformers are trying to build a system that is better seen not as a set of institutions but as a set of distinct but interrelated end goals.  When the system is properly balanced, these ends are mutually supportive.  But when the system is in its infancy or when these goods are improperly aligned, they can undermine each other.

The plaintiff, Mr. Basil Cleese, was driving back to his home on the night of 28-29 July 1995. It was just after midnight, he was on the stretch between Torquay to Exeter, when his car met with an unexpected accident. A horse came running across the road and crashed onto Cleeves’ car, causing him serious injuries. 

In an article retrieved online entitled “Writing a Position Paper”, it was stated that a position paper defends one side of an arguable opinion about an issue. The goal is to convince the reader that is this opinion that is the tenable one. In the position paper provided, the writer took pains to explain why his position is reasonable and valid. That is evident all throughout the work.