Law Essays

The time taken to complete the process is usually longer compared to the other methods. The minimum duration is usually four months. This is unlike the other methods which take a shorter time of between two to three months. A wide range of corporate restructures can be achieved through the use of this method of acquisition.

According to section 1043A, insider trading is illegal and those who are found participating in it should face prosecution. The penalties vary from years of imprisonment to payment of fines according to section 1311. This is however dependent on the nature and extent of insider trading. The corporation acts 2001 clearly define insider trading.

Historically, there have been many estoppels but labelled differently though most were the same. There could be two main varieties of estoppel; namely, the common law estoppel and the equitable estoppel. The Common law estoppel is described as representing an existing fact or a fact in the past that is not of intention or even law.

These qualifications of the implied terms are difficult but important as there would be no other reasonable way that the conflicting parties could have settled their case in a court of law. In Australia, this duty is an obligation to both the employer and the employee as the employee is required to be faithful, and obedient.

Chinese IP laws do not give a clear separation between the R&D system in the country and evolving IP laws enforced in various sectors in the country. As a result, IP strategy is synonymous with technological transfer and knowledge sharing, which has been used as the main form of innovation in the country.

The treaty has facilitated trade and led to innovation in many fields. However, it has polarised trade and growth in some areas because of the harmonisation agreements which prevent countries especially the developing ones from using their superiority derived from their numbers in the global arena.

Conflict coaching provides a safe environment that enables an individual to share his situations and perspectives without any fear or threats. Conflict coaching is on the other hand a resourceful mechanism that integrates the fields of conflict management and coaching to help individuals to improve their conflict management skills and understanding of conflicts.

Businesses transacting online can rest assured of the validity of the Commercial Electronic Arbitration in that, the regulations which govern the process are the same as the traditional arbitration regulations. The fundamental nature of electronic arbitration and the traditional method of arbitration differ only in the procedural phase.

Melbourne is an internationally renowned region for creative artwork. Public Art Melbourne is determined to make sure that the public art scene continues thriving. The city of Melbourne seeks to create a visible art sculpture to celebrate its values, cultures, as well as the city’s future aspirations.

Governments across the globe must for this reason continue supporting the creation and improvements of early deployment in UNHCR’s refugees registration practices. Imperatively, UNHCR should try to improve the security and privacy of registration records and documents by using biometric identifiers and should also try to use mobile fingerprint technology.

After the great world wars and mini-world wars, the concept of security started to emerge. The need for security has widened all over the globe (Rothschild, 1995). It is very important to be secured and protected in this era as more and more criminal activities are taking place. Activities are on small as well as large scale. 

The center of Hart’s argument is the “Harm Principle” extrapolated from John Mill’s composition 100 years earlier.  “..That the only purpose for which power can be rightfully exercised over any member of a civilized community, against his will, is to prevent harm to others” (Mill, 1885).  Devlin, surprisingly, agreed with this premise.

According to Lincoln Steffens in 1902, “The spirit of graft and lawlessness is the American spirit” that can be traced back to colonial days and the encouragement of pirates and bootleggers as a means of circumventing the laws and restrictions placed on the colonies by the British government.  However, by the time Hollywood began to grow as a media force, Americans had already come to think of themselves as a model for mankind.

To enable us to assess the validity of this position we have studied the judgment made in the case of LJ Wall, Wyatt v Portsmouth Hospital NHS Trust [2005] EWCA Civ 1181 para 112, and undertaken further research, both in the legal and medical field.  

The offenders are supervised by both probation and parole officers. Probation officers supervise the offender before the trial making sure that he/she follows the rules of the release or after being sentenced by the court on probation. Sometimes they perform the duties of pretrial services officers supervising offenders before trial.

The law within the UK has given the police the power to arrest any person suspected of terrorist activity and detain them without charge for a maximum of 28 days as amended by the Terrorism Act. In cases where this has happened the suspect is not entitled to know the reason for their arrest and in some cases has been denied access to legal representation.

Crime depends a great deal on the way under which society treats it, offers solutions to its perpetrators, and the way offenders are in essence dealt with. Crime is dealt with in a very amicable way if there is punishment for each outage of good deeds and when the society’s stakeholders stop realizing their true basis in line with its very needs.

The US government basically operates under a Presidential system, where the President is the head of the state. Among the nations of the world, the US was the first to adopt this kind of government system. Borne of the US’s status as the superpower nation, the US President is subsequently regarded as the most powerful person in the world.

According to the online HG.org worldwide directories, “criminal law which is often called penal law, involves prosecution by the government of a person for an act that has been classified as a crime.” On the other hand, a crime is further defined as, “any act or (commission of an act) in violation of a public law forbidding it.”

The USs is extremely far from the unstable kind of conditions that would allow for the abuses that have taken place and are currently taking place in those countries, though that is no reason not to remain cautious in the defense of the separation between the various governmental bodies and the system of checks and balances those separations create

The author states that the Member of Parliament will take it to the other legislators (co-sponsors) who, if they support the bill, will prepare and take it to the Parliament (Senate or House) or several other Parliament ally Committees, The committee(s) will discuss the bill further and see if it would be convenient with the National Budget.

The NewsCorp Personnel Manual, which was given to Pat at the time he joined the company specifically describes a progressive disciplinary action that precedes any dismissal decision. Moreover, the procedure prescribed in the manual includes notification of deficiencies and undergoing a Corrective Action Plan. 

However, after assessing the available data, it was discovered that there were administrative and institutional changes that happened.  This essay will certainly discuss and clarify for the reader to fully understand the whole idea of the prison system as a whole.  Before the 1970s, the data collected ignored facts like the historical contexts of the modern prison.

Public display of pornographic materials is deemed offensive and thus many countries have banned it. Those against its censorship claim that doing so is more expensive pointing that the legal definition of pornography may go further to curtail other materials that are not actually pornographic and which may be carrying important opinions that can shape a society positively.

The role of lay participation in the process of administering justice differs across various countries. Countries including the United States of America and the United Kingdom continually attach high value to the use of ordinary citizens in legal processes referred to within the corridors of justice as laymen. They take roles as juries in such countries.

A fiduciary duty is a role that is assigned to a person who is supposed to undertake to act in the interests of another person to the exclusion of her or his own interests (Cockburn & Wiseman, 1996, p. 39). Both trustees and directors have fiduciary duties that they owe the beneficiaries and the company respectively.

Unlimited liability is a disadvantage because partners are forced to lose their personal property if the firm is insolvent. Partnerships exist for a limited period; they can be terminated due to a lapse of time, mutual agreement or bankruptcy of any of the partners. Lack of perpetuity is a drawback since minor issues can lead to the winding up of the firm

Rigidity in the hierarchical order of command coupled with official jargons in the criminal justice and private security institutions bars the smooth flow of information and orders inside and outside the organization. Criminal justice and security professionals may also have difficulties in communicating with the public.

The paper "Stare Decisis In English Legal Systems" is an outstanding example of a law essay. In English legal systems, stare decisis, is a central feature. It refers to the use of the doctrine of precedent so that courts have an obligation of considering decisions that were made in prior cases.

The paper "Why the Capital Punishment Penalty Should Not Be Applied" is a perfect example of a law essay. Capital punishment is applied to some criminal offenses example murder and rape, many nations in the world have abolished this type of punishment while others still retain it,

Generally speaking, by definition, judicial review refers to the type of court proceeding whereby a judge re-evaluates the legality of an action or decision made by a public body thereby challenging the manner in which a decision was made as opposed to the rights and wrongs of the judgment handed down. 

Since the early seventies, there has been a paradigm shift in the jurisdiction of banking regulation from national policy-making to more international cooperation. This came about due to the rise in intercontinental lending and growth of multinational banking institutions which made it necessary for regulators to cooperate globally in their activities. 

The term, sometimes also known as emigration, refers to the process by which a person enters another country when they have the intention to live in that particular country permanently. Immigration thus raises a number of legal consequences such as nationality (citizenship) i.e. that special and abstract relationship that exists between an individual and their nation.

The conflict between strict rules and justice as the courts in civil law systems, such as unequal bargaining power, the change of circumstances after the conclusion of the agreement, and the exercise of contractual rights that are contrary to up initial objective of the agreement gave rise to the doctrine of equity like the promissory of estoppel.

The question of how important laws protecting intellectual property (IP) are is best answered by considering what the laws safeguard. The Encyclopaedia of Small Business defines IP as the intangible asset created by engaging the human mind. The creation is then translated or expressed into a service or product and assigned intellectual property rights.

The remuneration of directors is a debate that has raced the corporate world for a long time. The main bond of contention is the evaluation of the size of a director’s remuneration package with respect to the achievement of the interests of the shareholders. The huge compensation which the executive management receives is perceived to be too high.

Upon the reporting of a crime by the victim, the police should gather evidence and preserve it for prosecution. Such evidence may include broken property, stained clothing, beddings and weapons. In certain cases, the victim may delay in alerting the police. In such a case the victim has the role of preserving the evidence.

The law has been criticized for creating opportunities for individuals to fake automatism, hence increasing risks of a miscarriage of justice. As a defence in criminal law, automatism has raised important issues such as how far the expert witnesses can assess human behaviour and how far they can influence the outcome of the case.

The placement period is significant in terms of gaining knowledge and skills of the operations within the court (Huisman, 2013).  Frequent interactions with clients and court officials are common during this period. The knowledge gained depends on the communication skills and the level of interactions with the clients and court officials.

A reputable in international law asserts that international has its establishment on the principle of sovereignty and equality of states. In contemporary society, international trade is dependent on the cooperation of States, and a tribunal addresses any potential dispute relating to trade regimes, tariff disputes, and discrimination.

The ending economic crisis was caused by excessive risk-taking by executives. In order to restore public trust and confidence in publicly traded companies the corporate governance framework needs to be strengthened and revised. Good corporate governance is the cornerstone of effective operation in free markets and plays a huge role in wealth creation.

Marijuana offenders, in modern times usually comprise of those people charged with simple possession of the same as well as the ones who actually trade in it. These people, once caught can be denied the right from entering any form of college as well as small business or farm loans, the subsidiaries on farmlands and different types of occupational licenses can also be canceled.

To make the right moral choices on any issue, deontology requires that the correct ethical rules are understood and how to execute those moral duties. There is also more significant stress on why specific actions are performed; efforts must be backed by the correct motivations to stand. (Cline, no date).

The respondent “received a letter from the Council stating that the latter may be prepared to sell the house to him at £2,180” (Keenan 57). On March 5, the respondent turned in the filled application form to buy the house and on the 18th of March requested the Council to carry out the purchase in accordance with the application (Keenan 57).

However, this doctrine of specific performance is rarely a remedy in construction cases. If a contractor fails to perform or renders defective performance, it is unlikely than the owner will want the court to order the same contractor to continue the work. Instead, contract damages are the primary remedy in construction cases.

The UK government's proposed child maintenance reforms were published in January 2011 as a green paper titled, 'Strengthening families, promoting parental responsibility: the future of child maintenance'. The reforms were proposed on the assumption that in divorces, the support given by the government to decide upon the maintenance to be given, has a tendency to deepen the conflict between the divorcing parents.

Garret made a review of 111 residential programs. The researcher came to the conclusion that there were positive results in programs, which focused on approaches of behavior and life skills to rehabilitate offenders. As such, rehabilitation can be said to contribute more to positive behavior than punishment (Lieb, 1994).

Thus, when an individual or corporation buys shares in a company, they become shareholders. However, the interest of shareholders may vary in accordance with the number of shares held by the shareholder (Schneeman 2012, p.383). The position of shareholders in a company is that they are the real owners of a company. 

Death is death regardless of how it occurs and the reasons for the occurrence. The truth of the situation is based on the left of the animals to enjoy their lives (Owen, 2009). Animal rights still remain the key to protecting animals with individual responsibility being the key to the change in the protection methods.

Generally, the conflicts developed in regard to rights recognized by the law are often quite strong. The reason is that the criteria set by legislators for the protection and the recognition of rights are often not clear, being open to different interpretations depending on the conditions of each case.