Law Essays

One of the legal aspects which have seen immense evolution in the global legal parlance regards Employment Law. This is a relatively broad area that includes the duties of the duties and responsibilities of both employers and employees as well as defines the legal framework under which they operate. Different countries have different ways o applying these laws.

The theory of legal realism argues that law itself is not based on ‘logic’, but rather on ‘experience’. Although the theory of realism has contributed to law as a science, it has been criticized as failing to acknowledge the value of ‘diagnostic’ and analytical techniques in law. A similar criticism was made by Constable who said that legal realism too quickly dismisses the predictive value of ‘legal speech’.

The law of adverse possession specifies that, under certain circumstances, a trespasser can gain legal ownership of a piece of their land. This law of adverse possession was applied in the United Kingdom until the signing of the Land Registration Act 2002. If the squatter occupied the land for a period exceeding 12 years, the owner of the land could not lay a claim on the same. 

In our present problem, Bill C-323 was introduced by a Member of Parliament on 5th October 2011, to amend the Federal Courts Act, in order to enable foreign citizens to sue Canadian Corporations for crimes alleged to have been committed in foreign countries. For assessing the constitutionality of the bill, and jurisdiction issues, the following discussion has been taken up.

Decentralization of family disputes is the mediation service where there is the involvement of an independent professional to agree on how the family will take care of the business. In some instances, family dispute resolutions can be granted free of charge if the complainant qualifies for full government funding.

It is essential to state that Ms. Lumierre, a 31-year-old, Barrie Ontario resident is filing a legal dispute against the federal government and her employer (Mirage, a tracking company). She accuses both of having failed to give her paid parental/maternity leave benefits following her adoption of a puppy.

Law is a type of command which is backed by punishment or threat (Murphy 255). The theory of natural law highlights that law should be enacted based on the crime. An unjust law is not a type of true law. Legal realism focuses that legal rules and regulations that must be imposed by law offices, courts, police stations, etc.

Very few judicial systems, if any, could be said to be absolutely agile. This implies that most of the judicial systems in the world today and since time immemorial, have had weaknesses (Kane, 81).  As a result, governments and lawmakers have been faced with the challenge of drafting and amending their respective laws in the quest for a better judicial system with the needed agility.

Communication has always been an integral part of our daily lives. Through it, people from various cultural inclinations have been able to tolerate each other by ensuring peaceful coexistence within the immediate society. Sometimes, this communication fails to work, resulting in conflicting ideas that greatly affect the existing relationships with our immediate associates.

The methodology demands that the law court ascertains the real objectives of the parties involved in the contract in terms of orientation so that a sensible individual can interpret what the linguistic nature of the contract means. It hence calls for consideration by text and of the surrounding circumstances, as well as the purposes of the transaction.

With the advent of the Internet and other communication technologies, it is also possible for perpetrators of gendered violence to target boys and girls as well as men and women. This paper aims to describe the various ways in which the Internet and other communication technologies can facilitate gendered violence and abuse.

The court has used creative ways to dispense justice that departs from the plain sense meaning of various provisions of the Treaty on the Functioning of the European Union (TFEU), the Treaty on European Union, and other written provisions. However, the ECJ has on occasion stuck to a narrow interpretation of written provisions.

The codification of international law has not been easy especially when it comes to states agreeing on which kinds of norms should be included in a convention or treaty. Article 53 of the Vienna Convention on the Laws of Treaties 1969 states that a treaty is void if, at the time of its conclusion, it conflicts with a peremptory norm of general international law”.

The argument brought by the Solicitor-General on behalf of the appellants was that there was an error made by North J asserting that the executive power bestowed on Commonwealth neither authorized nor supported the expulsion from Australia, people rescued by the M V Tampa, and subsequent detention. Individuals detained by M V Tampa were not relevantly done so.

According to Australian Consumer and Competition Commission, price signaling involves the disclosure of prices to the competitors in private where doing so is not in the ordinary course of business. Price signaling also involves the disclosure of information for the purposes of lessening competition. However, the provision of Division 1A of part 4 suggests that price signaling is only applicable to the banking industry.

The ideas needed to complete academic work are usually copyrighted thus copyright infringement issues arise frequently in academia. The issue of copyright infringement in academia is closely related to the issue of plagiarism. Plagiarism is an ethical issue that deals with the reproduction and copying of other people’s ideas and passing them as your own.

Drug use in sports has been a major tussle for many years where athletes are engaging in these drugs. The use of performance-enhancing drugs is referred to any substance taken by athletes to improve their performance. This term where athletes engage in drug performance enhancement typically refers to anabolic steroid use in sports by professional and amateur athletes in sports.

The basic parliamentary concepts of assembly, legislation, and representation date back thousands of years. Many ancient civilizations had leaders gathering to deliberate and decide on matters of importance to their communities. As early as 2500 BC, evidence shows that citizens’ assemblies were held in Mesopotamia.

Australia is a country that is governed by strict regulations and standards when it comes to international business management. It is a requirement for any business that crosses borders to comply with the laws of the respective importing and exporting countries. Any party that is involved in international business must have knowledge of international standards that serve to monitor the trade of import and export products.

The movement of natural persons is among the four modes of service delivery across borders. After the Second World War, the growth of service delivery among the OECD countries increased rapidly due to the advancements in technology. Before the development of the GATS technology services were considered highly non-tradable.

Estimates by the Commonwealth of Australia indicate that federalism has ensured fiscal decentralization, which delivers benefits of $2,426 per capita, compared to the average fiscal position of the unitary states. However, reforming the federal fiscal decentralization structures is likely to increase the benefits by an additional annualized $2,925 per capita.

Russia will not be able to finance or support the rebels in any way, and they will be defeated, and peace restored to the country. Although this is a viable remedy, this does not rule out the fact that Russia may have sympathizers in some parts of the world. They may, therefore, get allies from other parts of the world who will support them.

 The WTO panel report on the Tuna-Dolphin case of 1991 in the United States stressed that a country principally has no permission to impose trade restriction measures on products from another based on the idea that the supplying country adopts environmental preservation laws which are not similar to its laws on conservation and protection of the environment.

The legal representative has to provide the way forward. Immunity from the jurisdiction of national courts does not translate to being above the law in modern international law. Both diplomatic and sovereign immunity can be waived to have the effect of changing an unenforceable obligation into one that is enforceable.

The instance of class promotes the alienation of the political powers from the majority of the citizens and at the same utilizes the criminal justice system to instill order that organically champions. However, it remains much easier to ignore the whole issue as part of the political oppression and lack of power as much as it looks complicated to fulfill.

Human rights are rights underlying every human being irrespective of their nationality, sex, color, language, place or residence, ethnic origin or any other status (Koehler, 2016). Every human being is protected through human rights in an un-discriminatory manner and the rights are interrelated, indivisible as well as interdependent.

The criminal justice system is continuing to evolve, and the academic programs committed to teaching criminal justice studies should increasingly get involved in the delivery of courses on forensic investigation to their students. The term forensic investigation alludes to the application of science in the establishment and investigation of facts to be used in criminal justice.

Most of the forensic fields need some forensic specialists to inspect extensively whether two pattern pieces of evidence are identical before concluding a match (Miller, 2005). These forensic specialists and experts need to reinstate their conclusions and decisions on the contextual information applicable to the task at hand and free from any kind of bias.

Merton in his strain theory on crime tells us that citizens often are pressured by social structures to commit crime (Crossman, 2017). This theory will explain the R v Kevin BENNETT case filed by Regina at New South Wales District Court (R v Kevin BENNETT, 2013). Bennett who is the criminal has passed through struggles from his childhood.

Restorative justice tends to accord the victims the chance to either communicate or meet with their offenders so that the victims could explain to the offenders the real effect of the given crime that they committed (Strang, 2002). Following this, restorative justice tends to empower the victims by enabling them to have a voice in the situation.

The Japanese employment and labour laws would impose severe obligations as well as restrictions on companies that seek to set up their business in Japan. All human resource-related activities should be conducted in compliance with the laws. Non-compliance with the laws could lead to criminal penalties against the employees, management, or the companies.

Many Indian, Chinese, and other children are keen to become engineers and mathematicians while the students in America do not show as much interest in Science and Math. In order to compete with the increasing competition in the world, it is required that American students become interested in these subjects and improve their performance.

To determine whether or not Neighbourhood Watch schemes are effective it is first necessary to look at it from a theoretical perception and then to examine the evidence.  Theoretically, Neighbourhood Watch is characterized as “people taking responsibility for themselves, their neighbours, and their community” (Ness 1986, 149).  It also involves bringing policy and the community together to make it more difficult for criminal conduct.

However, there are a great number of oppositions claiming that to solve the problems of unnecessary gun shootings; every citizen should be equipped with a gun. Proponents of gun ownership even claim that the second amendment should be implemented because it furthers the safety of individuals, enabling them to protect themselves for instance, in reckless shootings.

According to the UK law everyone’s right to life is protected by the law. That right should not be deprived unless in cases of execution done intentionally following a legal procession and a judgment following. This is done if the individual in question commits a crime that makes it important to terminate their life by the rule of law.

Patents are very important for protecting innovation. They ensure legitimate incentives to the producers of innovative products. In the field of medicine, patents play a major role; and a compulsory licensing system is indispensable for increasing access to medicines. Patents result in a number of socioeconomic problems. 

This paper seeks to present an incisive discourse on the contributions made by feminist perspectives in the field of criminology. It will illustrate how these perspectives have enhanced our understanding of women as both perpetrators and victims of crime. Moreover, this paper will examine why prostitution poses a great problem to feminism. 

It is essential to state that according to the long-standing aims of feminist jurisprudence, the idea is not aimed at simple inclusion. In fact, as a discipline, the very discipline was developed only in the post world war era, which means a development much later vis-à-vis the traditional thought of feminism.

The debenture holders can then seek the court’s authority to convert the floating charge into a fixed charge over specific assets which can be nominated by the company, these assets can then be sold by the debenture holders. The type of collateral that is extended by a fixed charge is that the company loses the authority to dispose of (sell) any asset that has been signed over at will.

Judges in all countries interpret statutes wherever they make rulings on a case. The reading, comprehension, and application of law to a particular case of necessity include its interpretation. In some instances, the law is clear and presents no ambiguities or conflicts in interpretation. However, often times the law is unclear or ambiguous or it may make no sense in its literal application.

It is essential to state that at common law, ‘the calling of a witness known to be hostile for the sole purpose of getting before the jury a prior inconsistent statement which is inadmissible as evidence of the truth of the matters asserted is improper and may well give rise to a miscarriage of justice.

There is a need for a new consumer law in Australia. The consumer will unify the consumer law, replacing a wide range of the existing national and state consumer laws and hence will be long under one universal classification of consumer law. It will be an indication that all consumers and businesses will possess the same rights and equal responsibilities across the whole Australian country.

Generally, there has been a growing acceptance of the GATT/WTO over the years in spite of its shortcomings. This is shown by the increase in the number of signatories to the GATT/WTO from 23 in 1947 when the GATT was signed to 99 by the time of the seventh Round and 177 countries during the Uruguay Round.

The author of the current essay attempts to break down what laws are used in both regions and what international treaties are applicable and the resultant relationship. These treaties include UNIDROIT and CISG as they apply to China and the common law referenced by Hong Kong’s unwritten contract law system.

The ICC Statute describes the crime of genocide as an act committed with the aim of destroying either in whole or in part groups that are protected such as a nation, ethnical group, racial group, or any religious group. The statute describes it as acts committed as part of systemic or widespread attacks and directed towards a civilian population and the perpetrators are fully aware of the attack.

In addressing the idea of mutual trust and confidence in employment contracts in Australia, it is important to address the laws that relate to the duty that is implied by the law on mutual trust and employment in employment contracts. Examination of this concept has to be done according to the case law and existing working practices.

Before any planning system is set the people’s interest should be considered so as to assure the plan does not go against what people prefer. Public interest is important for any planning system because there is a need to consider what the people want so as to mind their future. It is also important because the public will always care for any system that will threaten their lives in any way.

Accessing such information as criminal records is a very critical matter as the hacker can tamper with the records, additionally, hackers can be able to trace police movements and hence manage to evade them. Hackers also referred to as cyber criminals, can collaborate with violent criminals to antagonize the police and other security forces

Under the common law, the trial judges are required to assess the probative value, and then evaluate weight if the jury could rationally attach to the evidence submitted before the court. In Dupas v The Queen [2012] VSCA 328 case, the conclusion was not in agreement with the continuous line of the court’s authority.

International arbitration has evolved into a significant cog in the administration of justice in commerce and trade, especially on the international front. The role of international arbitration tribunals in stabilising and furthering international commerce, trade and industry cannot be gainsaid and therefore, should find support from all countries.