Law Essays

 A state is supposed to have jurisdiction throughout its whole territory, and this supposition can be refuted in extraordinary scenarios.  In cases where effective control over the regions of a state’s territory is controlled by a separatist movement or where a territory has been in foreign occupation, there exist some positive duties.

The court found him insane whom in an assassination attempt to Robert Peel the British Prime Minister, mistakenly killed his secretary. This led to the formation of strictures whereby it was avowed that a defendant was required to have a mental condition or illness and even retardation that was required to be severe to an extent that the defendant had no insight as to the quality and nature of the act committed without the knowledge that the act was wrong.

All the partners who are involved in the business have the right to indulge themselves in the management of the business. In addition to that, the profits earned must be shared equally together with, the entitlement of not being expelled by the other partners and they should have assurity of the liabilities, which were earned within the course of the business.

The issue of tax is an important aspect of the economic world. The financial transactions tax is on top of the agenda and it proposes an introduction of a financial introduction tax by the European commission amongst its 27 state members by 2014. This tax is meant to have an impact on financial transactions amongst institutions of finance that charge against the bonds and shares exchange across contract derivatives.

The aforementioned shortfall of the court may present surmountable impediments in the efforts of the special court to bring to justice the perpetrators of crimes in Sierra Leone during the conflict. The limited jurisdiction of the special court may prove to be quite prohibitive in the efforts of the court to bring to justice the responsible perpetrators.

As a result, law defines expected sets of behaviour and conducts among individuals. Any act contrary to the legal provisions is therefore unlawful. Based on legal provisions and the relationship between law and environmental factors, dynamism establishes a number of reasons for unlawful behaviour as the dynamic nature of law itself also changes content of law and legal concepts.

Neo-Polizeiwissenschaft is presented by advanced forms that have shelved disciplinary society i.e. the Internet, which has replaced permanent enclosures with modern forms of observing a group, recording its behavior, and discipline (Dennis Par. 1). These forms of surveillance ensured monitoring of activities, coding, and itemization of products, and social interactions that are daily uses, such as the Internet.

Ways of preventing juvenile crimes. The issue of juvenile crime in the United States is currently affecting families and all the prisons. It also affects the victims, those who facilitate the activities, and the observers. In order to lower juvenile crime rates, various programs have been put up.

Tortoiseshell is an island, situated in Western Australia, it receives holiday visitors every year and accommodates 500 guests at any given time. Being an island, Tortoiseshell can only be accessed by a boat or plane, and while on the island, the only mode of transport is using a bike, which makes the island safe and idyllic for holiday.

The second part of this exposition describes the most resorted leverage of public officials which is the prevailing law in official immunity. The explanation will be regulated by the laws at the federal level: divergences amongst official immunity principles and canons from one state to another in the context of legal expression.

The legal structure of the Gulf Region is comprised of absolute executive, legislative as well as judicial authorities that are established by the central government of the member countries of the Gulf Region. There lies the presence of Sharia courts especially in the Gulf region along with the existence of civil courts which help to preserve the law and order of the region (WSG, 2012).

The author states that the Tugg Island is not controlled by police and does not have a structured judicial system. The council of elders in Tagg Island must adopt a just philosophy as their key legal and political tool to controlling the wellbeing of the nation. This is because; the perception of justice is synonymous with high quality life and fairness. 

The ECJ (European Court of Justice), has stated that a measure can be an item wider and less well-described. It is worth noting that the course of Conduct for a State intended to induce discriminatory practice among consumers and private individuals can constitute a measure and be in violation of Article 34.

All organizations are steadily adopting more effectual leadership postures that revolve around not only the needs of the organizations, but on the needs of people serving in them. In view of this development, significant changes have registered in the leadership styles in police agencies during recent years.

The WTO’s procedure for resolving trade quarrels under the Dispute Settlement Understanding is critical for enforcing the rules and therefore for ensuring that trade flows smoothly. A dispute arises when a member government believes another member government is violating an agreement or a commitment that it has made in the WTO.

What Are The Laws Of Directors’ Remuneration In Australia? Are They Adequate, Effective And Efficient To Protect The Interests Of The Shareholders? The conception of director’s remuneration is principally described as the complete compensation package that is obtained by a director from a specific company.

There are two components in the Budget Control Act 2011that are designed to initiate “a sequestration of discretionary and/or mandatory (or direct) spending” (Saturno & Heniff, 2009, p. 17-5). Tax Component of the Act – allowing Bush tax cuts to expire George W.

The upper tier rights demand strict protection by the constitution and are determined at the federal level. However, some rights like the right to education differ from state to the other depending on the existing state level legislation. The US constitution refers the fundamental rights as those natural rights that form the basis of US constitution.

In October 2008, the European Commission issued the proposed consumer rights directive to harmonize further, consumer right throughout the European Union including those relating to consumer sales. A month later the law commission published a joint consultation paper on the United Kingdom's consumer remedies for faulty goods.

JUDICIAL ACTIVISM BY EUROPEAN COURT OF JUSTICE . Introduction The European Community Courts have played a decisive role in the integration process of the European Union. The European Court of Justice (ECJ) has especially assumed key role by constantly pursuing legal assimilation in the EU by offering flesh and substance to an outline Treaty, thereby plugging in loopholes in the European laws, and improving the effective implementation of Community law in the provinces of the member states1.

According to the report Shirley’s three young children named Danni, Charlie and Emily aged 5, 7 and 14 years respectively. The adjacent neighbour of the family in St. Albans was Mrs. Smith, who was a practice nurse by profession in a local surgical department. These children appeared to not attend their school on a regular basis. 

As per English law, the intended purchaser of a property, which is already on rent, has all the rights and obligations of the former landlord. The new purchaser of the property has to accept the original tenancy agreement. The original tenancy agreement can be altered on its expiry or with the mutual consent of the tenant.

Introduction Efforts to bring corporate bodies under some level of control are traceable from the response of the UK institutions following challenges and scandals that affected companies such as Enron, Maxwell Corporation, LIBOR, BCCI, and Pretty Polly. Following the recommendations of the Cadbury Committee, which was set up to determine the cause of the challenges, it was decided, among other things that the organizations should be restructured to increase the levels of accountability on the part of the directors.

Before explaining the four components of astute social media marketing, we have to understand what social media is. It is defined as a method, which gains traffic, concentration, and as well as attention by using social media websites. It provides completely different social activities, such as Facebook, Twitter, Pinterest, StumbleUpon, Google+, and many more websites.

Even the international community has made major attempts to fight terrorism, as shown in the many policies, strategies, and preventative measures implemented in the global arena. Qatar has long been accommodating banished Islamic terrorists and extremist missionaries from Lebanon, Chechnya, Algeria, and the occupied territories.

In Abdalla, Abraham v. Viewdaze Pty Ltd (2003)122 IR 215, the court adopted a totality approach, also called the multi factor test. In this test, the court must consider the totality of the relationship between the firm and the worker. A court must weigh the various ‘indicia’ established.

The law of tort generally entails a civil wrong in the sense that it is perpetrated against an individual rather than a state. An individual in this context also includes entities like companies. A tort is generally defined as the civil wrong for which remedy is a common-law action for unliquidated damages. 

Whether the crime solicited for is a misdemeanor or a felony, under common law solicitation is regarded as a misdemeanor. Solicitation does not necessarily require that the person solicited actually commit the crime but rather, the defendant can be convicted if the prosecution can prove that he/ she acted volitionally and with intent to cause solicited person to commit crime.

On April 5th, 2013 at 2:00 pm, the police received a bulletin that a black man between the ages of 20 and 30 years had robbed a shop known as Moon’s Sandwich shop the south of Madison in Chicago. Chicago Police, Officer Jones and Officer Smith, responded promptly and drove towards the scene. When at Madison they saw a man running Westbound on Western Avenue toward Talman.

The foundation of constitutional law is the law of nature. In the United States, the founders of the constitution realized that the law of nature cannot be guaranteed in society unless it is protected under a code of law. The law of nature ensures that all citizens achieve natural rights for mankind. Further, the law of nature was established after the declaration of independence in 1776.

Fair system of international trade The increase in the volume of sales and the growth of business has led to the need to expand operations beyond the borders of the domestic market and reach consumers in other countries. This has witnessed the rise of multinationals and organisations with global operations scales.

The members of the United States Congress are elected through a system of direct election, for both the Senate and House of Representatives (Smith et al, 2011). The majority of these members are either affiliated with the Democratic Party or the Republican Party with independent or third-party members being a rarity.

In some cases, the courts are willing to specifically enforce contracts relating to land that damages so awarded may not be adequate where the unique assets are concerned. Thus, awarding a specific performance relief is and remains a discretionary remedy. Alternate deliberations may dictate that it should –exceptionally – be refused. 

Generally speaking, previously, when compared to other international legal issues, the work of the International Court of Justice (ICJ) was not as prominent. Even so, the ECJ did make important contributions toward the development of environmental protection law at the international level during the 1990s. 

The findings of the research include: (1) Understanding the issue of justice and reasonableness requires understanding the complex circumstances from which the element evolves. (2) It is just and reasonable for police to be immune from liability but it does not make it right (3) the bigger and more important question is whether the rule of immunity is immovable or movable and flexible.

Due to its effectiveness and high possibility of success in saving human lives, many patients or their relatives are willing to procure organs for transplant to replace the ailing body parts. Thus, the concept of organ donation has evolved from an act of charity to a commercially lucrative business. It raises several ethical and legal questions.

Section 6 of the Act lays down that a partnership should be for a business to be carried on for profit for the common benefit of all the partners. It includes also an incorporated limited partnership. Once a partnership is formed, every partner becomes the agent of the firm and other partners in the business of the firm.

The activities of piracy have existed since the inception of the printing press. In the digital environment also piracy has become a significant problem for copyright holders. They are always quite concerned about the widespread illegal copying of their works. The pirates have always been capable of gaining an advantage from others’ imaginations.

Consumer protection has laws that are used to govern the consumers and also the traders. The consumer’s welfare is protected, and their rights are to be considered. Through consumer protection fraud and illegal activities are able to be avoided because some of the laws protect the needs of those who have no knowledge about their rights taking an example in a business where some firms use the advantage of their size over others.

The EU passes a regulation (fictitious) requiring the replacement of the current copper wire network with fibre optic cable through out the UK. The deadline for the replacement of copper wire is December 2013. GB Open Search is entrusted with installing the fibre optic cable through out the UK under the supervision of the Ministry of Science and Technology.

The conclusion from this study states that Amelia has some recourse not to pay some or all of the contract thanks to the interpretation of estoppel and consideration. However, her options are limited based on considerations and estoppel. Payment underneath the framework of her contract could trigger both a consideration as part of an offer and acceptance and an estoppel requirement.

Every man or woman,who is guilty of a crime the law,grants them an opportunity to defend themselves and provide sufficient evidences to prove their innocence.Therefore, those people who believe that legal burden of evidences is shouldered by the prosecution is largely a legal formality

The author states that the case of Marbury v. Madison (1803) in as decided by the Supreme Court of the United states of America establishes the very history of judicial review in the country. The Supreme Court ruled that federal courts have the jurisdiction to weigh and act on the constitutionality of Congress’ actions declaring them void.

The treatment options of obesity are variable as they need to cater for the requirements of all the age groups. In order to treat obesity, it is necessary that one can understand the basic cause of the disease. Diet alone does not cause obesity as psychology also has some role to play; hence it is necessary that the exact cause is determined.

New York’s relationship with the death penalty cannot be viewed in isolation from America’s history with capital punishment, as this has undoubtedly had a large impact on New York’s attitudes towards the penalty. Death Penalty: A History The colonization of the Americas by the Europeans brought with it the death penalty.

I would then proceed to explain the intricacies of Contract Law and how it applies to his case. The legalities of such an agreement in reference to consumer protection commonly fall under the legal definition of Contract Law. Contract law is defined as encompassing “.

Laid with high expectations from constituents, they are expected to perform their roles and mandates professionally and in observance to international humanitarian standards. However, empirical evidences showed otherwise as emerging abuses and police brutality are mounted by civilian communities.

Uniformed Police Officers. The role of police department in maintaining law and order situation can never be denied. Police department not only makes all efforts to avert and detect crimes but also implements and imposes the law of a country. Some of the major powers of a uniformed police officer include arresting, detaining, and investigating criminals who do violent and criminal acts either in public or privates places.

The first part deals with minority rights to object to company policies that they feel prejudice them. The second part deals with exacting responsibility and accountability from directors who, so to speak, get caught with their hands in the cookie jar. In theory, a director, holding as he does a position of trust, is a fiduciary of the corporation. 

By stirring the infantile courts nearer to dealings cast doff in the felonious trials of adults, the nonconformists claimed, the Court was also affecting its course away from the inventive notion of juvenile courts as compassionate and less official establishments furnished to pact compliantly with the exclusive requirements of juvenile delinquents