Law Essays

Applicable to England and Wales, The Mortgage Repossessions (Protection of Tenants, etc) Act 2010 (Commencement) Order 2010 was made on the 29th of June 2010 to empower the Secretary of State to construct regulations with regard to The Mortgage Repossessions (Protection of Tenants, etc) Act 2010 (legislation.gov.uk, 2010).

Whether Court justices are more liberals or conservatives, the doctrines seem to evolve simultaneously and in a constant manner. Republican Earl Warren realized and used some brilliant reasoning and crossed over the line to the left after becoming Chief Justice which gives leeway for a large number of civil rights to be given to the people.

It is estimated that the minimum number of residents in Texas who are under criminal justice supervision is about 740,905 (Texas Statistical Report, 2012). This is a very high number when compared to that of other States such as Washington D.C, which is at 571,641. This has to do with the fact that prisons in Texas are many.

The reports we have received shows coherence that the gang realized that their tattooed body makes their recognition simple by the law enforcement authorities and has since dropped the “trademark” identity formerly associated only with the group (Logan, 2009).

The provision of security by officials to citizens and residents owes is success to the availability of information about crime related activities. Comprehensive information acquisition on criminal activities, therefore, has central contribution towards ensuring a secure society.

Jeremy can be held liable for causing mental harm on the lines of principles laid down by Wilkinson v Downton. Annie’s weak heart cannot be a defense for Jeremy although Tess has not suffered by the same act as Jeremy. What is important to consider is the intention to bring about the particular outcome.

Case Analysis Brief Overview of IRAC Method IRAC method can be considered as one of the effective methods or approaches to analyze any legal case. The method incorporates certain major elements such as issue, rule, analysis as well as conclusion which significantly enable to discern various issues and problems that the court faces in terms of dealing with any legal case.

The act requires that the goods should be of the right value and that it should be useful for the use of the client2. This section also stipulates the requirements for the completion of sale agreement and the process for effecting the sale agreement3. In BSS Group Plc v Makers (UK) Ltd (t/an Allied Services) [2011] EWCA Civ 809, case, the BSS during his ordinary trading activities had sold some gold to the purchaser which was to be use for definite function.

International investment law can be modified to help emerging markets develop strategies and policy frameworks for ensuring that FDI outflows are from investors who remain in the home state. This help can be provided in the form of a convention that establishes a model FDI outflow policy for the home state. 

OBJECTIVES - To understand the legal and environmental issues related to the hydraulic fracturing process. To understand the federal and state laws regulating the hydraulic fracturing process as well as to compare these laws in different states. To also examine these laws relative to a different country.

The three main types of takeovers are friendly takeovers, hostile takeovers, and reverse takeovers. A friendly takeover refers to the acquisition of a company, which has been approved by the management. In normal cases, a bidder notifies a company board of directors prior to making an offer for the target company.

Companies and other trading cooperate organizations are formed and guided by legal frameworks that are instituted to regulate their conduct and ways of operations. Therefore, the general running of companies is pre-stipulated by the governing provisions in commercial law provisions and other related regulations.

This paper discusses the Homeland Security Act of 2002 and the implications of the act on the airline industry. The act was passed in the aftermath of the 9/11 attacks. It first provides the new airport security provisions which have been made under the act such as increased passenger screening, federalized baggage screening no-fly lists and the secure flight program of the TSA.

Generally, sex crimes have been historically on the rise in the United States for decades. It has grown to be a potential issue that creates great social tension in American society. When some sexual crimes involve willing partners other involves crime forcefully perpetrated on unwilling and helpless victims.

Therefore, depending on the reasons for the purchase and all necessary conditions for the payments by the purchaser, a contract agreement can be signed after the relevant verifications by the attorney general. Before the seller gets down to sign any agreement, he/she must first read and understand clearly the provisions made by the purchaser.

In the story telling, Butterfield shows a critical theory of violence roots that spreads all over the five generations explained in the story. Its focus is South Carolina where the Boskets family came from and Butterfield indicates how- at various periods in violence history – violence was encouraged and celebrated as assign of respect and honor too.

Major elements such as arsenic, cadmium, lead and mercury found in protein shakes may be harmful at certain levels. The law controls the levels at which manufacturers can use the above named ingredients. This paper, therefore, describes the ingredients levels and links them to the legislative issues surrounding their usage and intake in the human body.

Crime is deemed as an act that breaks the provisions of the set law and its social construction varies from society to society as well as the time and the law (Sanders & Young 2010, p. 1). The crime is therefore defined by the society’s own rules, beliefs, and norms that are in play at any given time in the history of the society.

There are laws that must be obeyed when conducting business. Our goal is to ensure that customers get the best products. We will also ensure that we maximize our profit. There are financial risks that occur in this type of business. Furthermore, some problems with the customers may occur. All these problems should be solved in order to achieve our goals.

There is the government, international environmental groups, and society. Concerning Principle 10 of the Rio Declaration (Low, 2000), environmental issues are best handled when all concerned citizens participate; at the relevant level. It is a right for each individual to have appropriate access to information on environmental concerns.

Ohio case, which led to terry's stops, in a span of seven years, 335 law enforcement officers, had been killed. In addition, there were over 23,000 assaults on law enforcement officers.2 They were being attacked and even killed by violent people. This necessitated the need for the government to protect its law enforcement officers.

The main aim of its 2003 report stated that it was “determined to prevent domestic violence happening...and to protect and support all victims”. As the years have passed, governmental approaches towards victim support have recognized that victims need to be given greater access to and degrees of support, yet this has so far failed to be implemented.

The risk of loss rules determines whether the seller may still recover for the price of the goods or whether the buyer must pay for the goods and take delivery, despite the fact that the goods are totally destroyed.

Based on international laws, particularly the Montevideo Convention, the elements of a state are: population, territory, government, and the capacity to enter into relations with other states . This is the current standard which is being recognized by international laws on the recognition of statehood.

This paper deems to critique the statement: Considerable deference is, however paid to the practices of the professions (particularly the medical profession) as established by expert evidence and the court should not attempt to put itself in the shoes of the surgeon or other professional person, as guided by underpinning theories.

The researcher of this essay aims to pay special attention to remedies. When a person applies to court for a breach of confidentiality, there are some equitable remedies that could be given to him by the court. These remedies are often compensatory. They include: injunctions, share of profits and damages.

The type and class of a company that will suit Mac Stevenson is a small no liability company. The no liability company is a company where the members have no liability to pay in case of its winding up. A no liability company must be a mining company with a company constitution stating its mining objectives. In instances where calls are not met, the shares are forfeited.

The client in question is a family with parents who want to incorporate their children in their business ventures, which include establishing a retail business, a farm and a mining venture that is speculative. Now that the client wants guidance on the best legal structure for each business venture that he has in mind.

The research done to write the research paper was conducted to analyze existing legal rules and jurisprudence on the law on assisted dying. I started my research by first reflecting and asking myself what I wanted to find out and how I wanted to proceed. Did I have a specific opinion on whether or not the law should be reformed?

Upon release, the family court submitted a show cause process since the appellant was in arrears. At the civil contempt hearing, the appellant was not represented by legal counsel and was found to be in willful contempt and received a 1-year custodial sentence although the court did not rule on the appellant’s means or capacity to make the child support payments. 

Native-born Americans can primarily benefit from the legalization programs to be provided for illegal immigrants through an improved economy. Another group that could benefit from the legalization program in the labor market. It eliminates the hazard that they might get punished for possibly hiring an illegal immigrant.

Oil development is an expensive activity, which requires massive resources and skillful workers. Due to its nature, oil development is mainly handled by governments and a few oil and gas exploration and production companies that possess massive resources required in oil development. It explains the types of agreements that the government can enter into.

This is true for all common law legal systems. The doctrine follows that a lower Court is bound to abide by a preceding decision of a superior Court or its own. Thus, an original verdict of the House of Lords (now the Supreme Court after the Constitutional Reform Act 2005) would automatically bind any similar decision of the High Court but an earlier High Court decision would not bind a Court higher in the heirarchy (such as the Privy Council or the Supreme Court).

Mr. and Mrs. Elliot are seeking advice on the prospects of applying for judicial review against a decision by their local authority to refuse their son a grant to study at a residential ballet school. This advice has been divided into the following sections: Factual Information; The Remit of Judicial Review; The Requirements of Judicial Review; Legal Analysis of the Issues; and Conclusion.

According to the study conducted, expert witnesses often do not exhibit the appropriate ethical standards required to make them objective. If the prosecution or defense is paying the expert witness, the tendency may be for the witness to testify in a skewed manner, in support of the agency paying his or her way.

Second, the identity of the subject matter of trust must be certain. Third, the beneficiaries or objects of the trust must be present. These elements are essential prerequisites for a valid creation of the express trust. Trust is an arrangement, certainty of certain aspects must be present just as in a contract. The settlor should have intended to create trust.

In both cases, it is the maritime creditor who is at the receiving end with concerns about the fulfillment of the credit extended to the debtor, as normally, most ships are credited and it is the concern of the creditor to realize the debt amount from the debtor. The concerns of the creditor become manifold when the debtor and the property are in debt.

Those in charge of the company decided to lease one of the crucial assets of the company and later sell at amount considered to be below the property’s market value. The plaintiffs who owned 25% of the company’s felt aggrieved by this move of the company directors and as such they decided to bring an action individual in the New York low court-Supreme Court seeking declaration by the judge that the sale as well as the lease to be void and unauthorized and therefore terminate the lease (Smith, 2008).

The elite of dedication and obligation of marriage is an essential social institution whereby two spouses foster love and joint support. This occurs to the spouses who decide to get married, and for their offspring, marriage issues out a profusion of financial, legal and social reimbursement. In return, marriage inflicts weighty financial, legal and social benefits (Foderaro 17).

The ever increasing trend in the oil prices over the past several years enables the companies / individual investors to make hay while the sun shines. This has attracted many investors to shift their business into the profitable venture of oil and gas. The booming profits compel host countries to revisit their agreements with the investors.

Formal patients may have the right to give consent regarding medic they are supposed to receive, but in the occasions of emergency doctors and other specialists may overrule this privilege. Mainly, this is frequently evident among autism patients who at some instances are able to make right decisions depending on the level of the illness.   

His superior, Mrs Smith (a consultant ophthalmologist and Mr Smith’s wife) was in attendance. Prior to the operation, Dr Foster had told Mr Smith that the operation carried a small risk of blindness, but that any other side effects were rare and/or minor.

Since the Gray initiated the case against Reynolds, hence we may consider Gray as the petitioner and the Reynolds as the respondent. See Gray v. Reynolds, 514 So. 2d 973 (1987) Facts The fact of the case is that on March 2, 1984, Gray inked an agreement with Reynolds and Garrison (herein referred as “Reynolds”) to buy near about 9000/- tons of sawdust at the rate of 50 cents.

57). In this regard, goods sold by a person who is not the owner and who does not sell the goods under his authority or with the owner’s approval; the purchaser acquires no better title to the goods than that which the seller had (Clarke and Kohler, 2005, p.

The language used to describe bribery and its activities prohibited by law are promising, receiving, offering, soliciting, and giving with an aim of influencing an officer in charge of public duties. This paper describes bribery as one of public offenses and the government approaches of eliminating it in terms of laws and punishments.

In Pennsylvania, Hispanic defendants were found to have received harshest penalty especially on cases involving drug offenses and imprisonment and these evidently are strongly linked with inconsistency in sentencing disparity (Clear, Reisig & Cole 2012). From 1980s and 1990s, the number of US prison population surged high due to the incarcerations of black and Latino young women and men for drug-related and non-violent offenses (Krysan & Lewis 2006).

In their opinion, bloodshot eyes, muscular body, curly hair, thick lip, protruding ears, abnormal chromosomes etc are some of the physiological factors which can increase aggressiveness in the behavior of a person. This paper analyses the links between criminality and physical body types.

Instead, prisons now are more broadly viewed as corrections facilities in order to rehabilitate and modify the behavior of the convicts in preparation for their assimilation back to society, most especially for cases that do not warrant life sentence or death penalty.

Exclusion clauses are those clauses that seek to limit or exclude liability of a party in a contract by stating that liability will be limited or will not arise for all or partial defaults under the agreement on the part of either parties. In other words, these clauses state that one party to the contract will not be responsible for specific happenings arising from the contract.1 Exclusion clauses are developed from common law by courts backed with case law in order for an exclusion clause to be valid it must be a term of the contract; it must cover the damage that was caused and it must be reasonable it satisfy the three tests at common law.

Lea (1997) argues that the middle-class areas composed of people with a strong sense of common interest based on good relations with police officers and property ownership were enthusiastic employers of Neighbourhood Watch (Power 1989 p.12-32). Nevertheless, these concentrated on areas where fear of crime instead of the crime itself was increasing.