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  • Humanity of Policy

    Though a considerable number of law enforcement officers have a rudimentary training into recognizing the sources of stress accompanying situations like shootouts and violent crimes, still a majority of them do fail to grasp the size and scope of the physiological and psychological effects of stress on their body and mind (Ford, 1998). Police officers often come across gory and disturbing scenes accompanying violent crime investigations and shootings. Over the years, the cumulative impact of such incidents gives way to physical and emotional disturbances, which can fructify into undesirable results and consequences. Now is the time when the authorities and the people need to change their perceptions about law enforcement…

  • Strategic Default

    The tendency to default when you are underwater even if you have the ability to pay the mortgage is known as strategic default. In this paper, I would first outline the legal and ethical constraints associated with such defaults and then discuss its implications on the lender, the borrower, and the society as a whole.In recent years many states in the U.S. have witnessed a dramatic fall in home prices. This has encouraged homeowners in these states to simply walk away from their mortgages not out of an inability to pay the mortgages, but because strategic default seems the best available option financially. In order to understand the reasons behind…

  • TeliaSon Era and Google (Competition Law)

    However, it can be agreed that attaining this desirable status, in which all stakeholders benefit optimally, is relatively challenging. Coupled with increased pressure from the market to make profits, most business persons have opted for satisfying their needs at the expense of the consumer. Furthermore, individual business entities have gone to great lengths to attain and maintain a competitive edge in the markets that they explore. In essence, they take measures that are geared towards enhancing their performance and outperforming their counterparts. They have adopted malpractices such as collusive price fixing, predatory pricing, tie-up sale, discriminatory pricing and creating barriers to market entry amongst others. These trends have had adverse…

  • “Umbrella Clauses in Bilateral investement Treaties &amp

    Comparison between ICSID, UNCITRAL and ICC"Put another way, the main question is whether or not the umbrella clause renders a breach of an investment contract a treaty claim.3 A review of previous arbitration decisions on the issue have produced mixed results. It would appear that with contradictory rulings on the matter, umbrella clauses can sometimes be effective for resolving disputes arising out of investment contracts concluded under the authority of BITs. Wong argues however that, contradictory rulings only serve to nullify umbrella contracts and thus render them ineffective as a means of resolving disputes arising out of an investment contract.4 This paper evaluates umbrella clauses with a view to determining…

  • The Commission as Agent of States

    The most important aspect here is the implied consent of cooperating states that, in specifically outlined areas, actions by the commission are tantamount as an act of each of the member states. This paper will examine this principle with the purpose of identifying the extent to which commissions can claim as agents of its member states. This examination will focus on the experience of the European Commission. An understanding of this aspect can provide a roadmap and the dynamics to the responsibilities of the commission as well as the jurisdictional authority, a complicated variable that often creates conflict.Commissions have different definitions. This is due to the fact that they assume…

  • Statutory Interpretation of the Human Rights Act 1998 by the UK Courts

    However, the courts have treated such evaluations as mere exaggeration. Whilst pronouncing such judgements the courts have stressed that they have given due consideration to Parliament’s sovereign intentions2.In the Von Colson case, the EU made it mandatory for the national law to implement a specific EU Directive3. However, in Marleasing the EU required the national courts to interpret national legislation in accordance with the provisions of the pertinent EU Directives4. However, the UK Courts though agreeable to implementing the principle established in Von Colson, were unwilling to accede to the obligation established in the Marleasing judgement.In Duke v. GEC Reliance Ltd, the plaintiff Mrs. Duke’s employment had been terminated as…

  • Understanding the Legality and Enforceability of Exclusionary Clauses of Contracts

    Terms Act 1977 prevents the parties from imposing unconscionable and unfair obligations and liabilities against each other while the Sales of Goods Act 1979 provides protection to the buyer and the seller alike.Since there are limitations when it comes to the clauses of the contract, the parties must be vigilant in protecting their rights. In our hypothetical case, the parties to the contract, Bright Wheel Bicycles Limited (“BWB”), a UK manufacturer of bicycles and Top Gear Trading Ltd (“TGT”), a retailer based in Manchester, entered into a contract of sale of a good whereby BWB is the supplier and TGT the reseller. Some of the bikes supplied by BWB to…

  • What Have Been the Costs and Benefits of Hong Kongs Currency Board System Since 1983

    Hong Kong operated a ‘sterling exchange system from 1935 – 1973, excluding the years of Japanese occupation. The sterling exchange system is a currency board with note issue back by holdings of Sterling assets’ (Crosby 2000). Then, ‘between 1972 and 1974, the HK dollar was set at a fixed rate to the US dollar. From November of 1974 until the return of the currency board in 1983, the HK dollar floated freely against the US dollar’ (Hanson). Hong Kong being a Special Administrative Region of China is dependent on mainland demand but its monetary system is still attached to the U.S. If ever China retaliates against pressure for the trade…

  • Discarding of Recyclables

    This paper posits that a ban on throwing recyclables into trash cans in Portland Oregon is necessary and positive because there is a growing clamor for it as reflected in a cascade of legislation in many states all over the US enforcing such related bans because there is overwhelming evidence that mandated bans in law are more effective than voluntary recycling programs in reducing waste and eliciting support for recycling programs, and because the foundations of good environmental practices and awareness in the communities of Portland are in place to successfully enforce a ban (Millman. CalRecycle. Bosque. Koch. City of Seattle. Peters).First, there are overwhelming precedents from other states with…

  • Public Health Law and Policy

    It is expected to increase to $4.4 trillion in 2008. Based on all projections, however, there is an expectation of high enrollment and growth in Medicaid and Medicare spending over that time. (Sisko, Truffer, Smith, 2009). Physician Medicare payments will remain constant between 2010 and 2018. Under the current law, there is an expected acceleration of national healthcare spending starting in 2011 will increase by 7.2% by 2018.By payer Medicare spending is projected to increase by 8.1%, Medicaid by 6.9% and private health insurance by 5.8%. Out of pocket expenses are projected to grow by 3.8% and prescription drugs are expected to increase by 3.5%. Hospital spending is expected to…

  • Gulf Regional Legal Environment of Business

    Competition law is part of the legal environment of business in Gulf region that requires numerous amendments and enforcement. Competition laws facilitate the entry of foreign firms in the economy and ensure that the economy gains from increased product innovation and high quality products. Fair competition laws also facilitate bilateral and regional cooperation between several states thus strengthening both the economic and political relations. Oman has certain anti-competitive laws that hinder free trade in the economy. Examples of the anti-competitive laws include subsidies to the national companies, exempt of import custom duties for national companies dealing with agriculture and manufacturing and requirement that foreign entities cannot have 100 percent of…

  • Drifting toward Communism

    at subverting the rights contained in no less than five of the first ten amendments (the Bill of Rights) to, as they claim, ‘protect’ citizens from terrorism. Both these groups combined are actively attempting to convert America into the totalitarian, communist society that many have fought against in the pursuit of the very freedoms the nation is supposed to stand for.The Second Amendment to the U.S. Constitution states, “A well-regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed” (“The Constitution”, 2006). This, as were all of the first ten amendments to the Constitution, was…

  • The Offences Against the Person Act 1861

    Therefore, there is a need to modernize this 140-year old legislation. In fact, Justice Brooke opined that it is “intolerable that an important law covering criminal assaults, batteries and wounding…should be based on the antique and obscure language of an Act.”3 In a nutshell, the Act is outdated, unclear and unfit for its purpose.According to Lacey, et al., “the somewhat imperfect hierarchy of the Act reflects both the differences in the seriousness of the injury and harm and in the mental element.”4 Indeed, it can be seen that assault and battery carry a low penalty (6 months imprisonment) compared to Section 47 (five years)—with only a little difference in the…

  • Comparison of the Divine Command Theory and the Natural Law Theory

    It poses as a means in which human beings can be rationally guided towards what is good for him and the rest of society. It is a natural knowable moral law that did not emanate from any act of human beings, but by the existence of reality in which man acts upon.Some of the ethical implications of the natural law theory include establishing a moral foundation for men to follow, which became the foundation also of the kind of laws being enacted in society. Thus, the natural law theory becomes a benchmark or a source of proper aid from which other laws (positive law, legal laws) adhere to. This moral…

  • The Subjection of Women On Liberty and Communist Manifesto

    Mill has been a known advocate of women’s emancipation in his time. And in “Subjection of Women,” he has laid all the arguments and his eloquence as to how society is imposing inequalities upon women. Women’s suffrage was raised. the marriage law in his time, as well as other legislations concerning the debasement of women, were also assailed.The connections between the essays “On Liberty” and “The Subjection of Women” may be credited to John Stuart Mill’s wife, Harriet Taylor. The latter piece was, as claimed by Mill, co-written by her and the former, “On Liberty,” was written after her death.Firstly, Mill’s advocacy of utilitarianism was clearly manifested in these two…

  • Extent Of The Implied Obligation Of Seaworthiness And The Effects Of Breach

    The law with respect to seaworthiness is necessary since the vendor is discharged of liability once the goods are dispatched at aport for shipment to the buyer. Moreover, should the goods arrive in a nonconforming state the buyer is at liberty to reject them?The difficulty with respect to liability arises if the goods were damaged in transit. Since the vendor is discharged of liability upon delivery of the goods at the dispatching port provided they conform to the terms of the contract and are subsequently damaged in transit, the question of seaworthiness arises to determine whether or not the carrier should be held responsible for those damages. This paper examines…

  • The Connection Between the Constitution and the Law

    City of Chicago, 337 US 1, this Court upheld its inviolability even though it “induces a condition of unrest, creates dissatisfaction with the condition as they are, or even stirs people to anger.” We acknowledged then that one of the functions of this freedom is precise “to invite dispute.” Through Justice Holmes in the case of Abrams v. US 250 US 610, we explained why the Court put so much premium on this freedom: “When men have realized that time has upset many fighting faiths, they may come to believe, more than they believe the very foundations of their own conduct, that the ultimate good desired is better reached by…

  • Customer Service Training Program

    The business was not expanded to include fruit and vegetable seeds until 1837, when the business gained new premises and had grown, with Mr. Sutton taking in both of his sons into the business and the sons convincing their father that fruit and vegetable seeds were the way to grow the business. Both father and sons wished the reputation of being the best in the business, and soon were supplying seed far and wide. The business expanded again in 1836 when Sutton’s son Martin Hope purchased nursery grounds as well as a greenhouse, and in 1838 began to sell greenhouse plants along with the fruit and vegetable seeds that had…

  • Business and Corporate Law St Ronans Ales Ltd

    ns 171-188 of the Companies Act 2006 expands the duty even further requiring that directors act in a manner calculated to promote the company’s success and to take account of the effect that their decisions have on all stakeholders including the community and the environment.4The company directors’ decision to borrow 100,000 pounds against the assets of the company is negligent and a breach of the directors’ statutory duties pursuant to Sections 171-188 of the Companies Act 2006. It is a firmly established tenet of company law that directors in the course of exercising their duties are held to a specific standard. The standard is compared to the care and conduct…

  • Application of the Hague Visby Rules

    It is seen in the EU context that different countries have different rules governing carriage by sea and therefore it had become necessary to have a set of rules that could be applied uniformly for all countries. The Hague and the Hague/Visby rules are designed to serve this purpose. Moreover, law and contractual obligations to each other bind trade partners, and therefore, all trading have to be done within the ambit of such contractual obligations. In case of any transactions coming outside the scope of trading agreements, this needs to be ratified by the respective partners, otherwise, the implications of litigations cannot be ruled out.. In the normal course, it…

  • Effects of the Model Minority on Asian Americans

    The American government did not exactly stop China from controlling Chinese Americans in the U.S. did not protect Chinese Americans in Americans soil because it continued to see the latter as suspected illegal aliens, even after World War II. Furthermore, the U.S. government did not take positive actions to create equal conditions for Chinese Americans. It practised racial profiling as a means of cleansing the U.S. of suspected communist Chinese Americans. This statement, “Chinese in the United States were subjected to a highly institutionalized structure of dual domination?” means that Chinese Americans had two lords in the U.S. – the U.S. government and the Chinese government. Both governments subjected Chinese…

  • Analysis of Property Law Cases

    Here Rose contributed half of the purchase price when Major Thorn acquired Bramble Farm. Equitable rights will be overreached if the proper formalities of the purchase are observed under ss2 and 27 LPA 1925. Consequently, this right will not affect his enjoyment of the land. However, it is the Court’s discretion to decide whether Rose has an overreaching interest or not. If Court held that Rose has overreaching interest then Mr. Hay has to pay Rose half of the purchase price though she was not registered owner of the Bramble Farm.Rose had no actual occupation, so she can’t claim overriding interest under s. 70 (1) (g) of LRA 1925. But…

  • Principles of Contract Law

    Offer and acceptance are the starting points for establishing a legally binding contract. Typically, an offer is required to contain a definitive promise which provides the other party to which it is addressed with an unambiguous option to accept or decline the offer.2 Once the essential elements of offer and acceptance are found to exist the courts will look to determine whether or not there is a consideration. Consideration is also an essential element of the contract and will determine whether or not a legally binding contract was created and is capable of enforcement. L.J. Lush offered the following definition of consideration in the early case of Currie v Misa…

  • Powers of the European Parliament

    The UK Telegraph summed it up succinctly when it stated. “The paradox of yesterday’s events is that they are a great victory for the European parliament but not for democracy.”2 There can be little doubt that the powers of the European parliament are expanding. When the EC Treaty was first implemented, the EU was visualized as more of a regulatory body that would serve to merely coordinate its various member States, rather than that of ascribing to the European parliament a power that is gradually growing to be on par with that enjoyed by the Parliaments of individual Member States. The principle of subsidiarity that formed the basis of the…

  • Important Employment Law Issue

    It has been brought to our notice that the employees of AB have been approached by Unifi to participate in a strike, which will also involve picketing your firm’s premises in numbers large enough to prevent customers and employees from entering the premises for work or to conduct business.There are certain illegalities that may be highlighted in this situation which could form the basis for an action in tort by AB plc. The first aspect to be considered is that of balloting. The Trade Union Reform and Employment Rights Act of 1993 specifies that the “appropriate period” specified for balloting and securing of votes shall be from the day the…

  • European Union Law

    Article 5 states:Therefore, according to the provisions specified above, the Community is to act only with the scope of the powers that have been conferred upon it. In areas that do not fall within its exclusive jurisdiction, the Community will act to the extent that is required, according to the principles of subsidiarity, to achieve the stated aims. There are two aspects to this article (a) subsidiarity will prevail only when the achieved objective cannot be achieved by the Member State. therefore there is a preference for power to be allocated to the smaller unit, i.e, the member States*4 (b)Subsidiarity also denotes an efficiency test, i.e, when the desired goal…

  • Law Geneva Convention

    There are additional sets of rules that address the extension of the action field and relating it to any individual, who participates in armed conflict. These additional protocols require the combatants to refrain from attacking civilians and their property. These protocols also require conflicting sides to respect and carry out their military operations in compliance with international human rights laws1.Some of the objectives of the Geneva Convention are described in the sequel. It aims to protect the victims of armed conflicts. For this purpose, the convention had provided a set of written rules for universal application. These rules are applicable to any state regardless of whether the nation is a…

  • Modern Genocide in Darfur Sudan

    So it starts with how the populace in Darfur mostly consists of two main Muslim ethnicities: non-Arabs blacks such as the Fur, Masalit, and Zaghawa. and Arabic tribes jointly called the Baggara. The Baggara are typically nomadic herdsmen while the non-Arabs are mostly sedentary farmers, so the antagonism for land and water resources has led to violent arguments between each other. It is not only verbal for North Muslim and Southern Christian territories that have been feeling the strain of the evident favoritism from the Arabic dictator. Things finally snapped for the two when the Islamic law was put into play in 1983, which had led to the Second Sudanese…

  • ERISA Law

    Employes or employee organization, or both, to the extent that by its express terms or as a result of its surrounding circumstances such plan, fund or program (a) provides retirement income to employees, or (b) results in a deferral of income by employees for periods extending to the termination of covered employment or beyond” (ERISA).In 1963, when the Studebaker Corporation was forced to shut down its auto production plant, many of its employees, especially the young ones, did not receive their pensions because Studebaker’s plan was poorly funded. It turned out that a part of the pension funds was used for investment. The incident at Studebaker drew the attention of…

  • Tortious Liability

    The boy dies, due to the failure to provide the transplant in time. The protagonist, Rudy Bayler sets up a partnership with former insurance assessor Dick Shifflet to fight the case of insurance bad faith on behalf of Donny Ray Black.The tortious liability of the defendant is established because Rudy is able to discover that the insurance company was running a scheme that unfailingly denied ever insurance claim submitted since the year 1991, irrespective of whether or not it had merit. The Company was relying on odds that only 1 in 4 claimants would take the trouble to consult a lawyer, and even then, any damages they had to pay…

  • Environment Protection Law in the European Union and Egypt

    The European Union consists of European countries. This was the region that was witness to industrialization. Not surprisingly, the pollution levels, initially, in this area were quite alarming. However, as developed nations, the EU member states have overcome this problem to a major extent. To this end, the EU has drafted a number of laws.In respect of air and water pollution, the EU has been successful to a considerable extent to contain them within safe limits. The quantity of emissions into the atmosphere has reduced significantly. Several directives have compelled the Member States to enforce a proper reporting mechanism.Environmental protection has gained considerable prominence during the past three decades. Many…

  • European Union Competition Law

    Operation of Article 81(1) EC requires comprehensive economic analysis because of the fact that it hinders the agreements that affect economic freedom. Nevertheless, Article 81 EC permits anti-competitive practices whose pro-competitive results predominate over their anti-competitive consequences4.The national authorities can ban vertical agreements that disregard Article 81(3), in respect of the benefit of exemption.5 In the case of vertical agreements that are competitive and that include fifty percent or more of a specific market, the Commission has the power to cancel the exemption and apply Article 81(1) in its totality. In respect of cases of the undue advantage of a dominant position, Article 82 EC prohibits the abuse of a…

  • To What Extent Does the Law of England and Wales Recognise a Childs Autonomy Interest

    It cannot be gainsaid that children enjoy immense protection under the laws of England and Wales. It has long been established that it is the duty of every state to act in the best interests of the child and to provide a safe environment conducive to his development. 1889 was the first time that the United Kingdom acknowledged the necessity of intervention in cases of child abuse between parent and child. In a sense, it recognized the autonomy of the person of the child and thus refuting the idea that the child is merely a property of his parents. The creation of the Children’s Charter expanded and added additional layers…

  • Humanity of Policy

    Though a considerable number of law enforcement officers have a rudimentary training into recognizing the sources of stress accompanying situations like shootouts and violent crimes, still a majority of them do fail to grasp the size and scope of the physiological and psychological effects of stress on their body and mind (Ford, 1998). Police officers often come across gory and disturbing scenes accompanying violent crime investigations and shootings. Over the years, the cumulative impact of such incidents gives way to physical and emotional disturbances, which can fructify into undesirable results and consequences. Now is the time when the authorities and the people need to change their perceptions about law enforcement…

  • Strategic Default

    The tendency to default when you are underwater even if you have the ability to pay the mortgage is known as strategic default. In this paper, I would first outline the legal and ethical constraints associated with such defaults and then discuss its implications on the lender, the borrower, and the society as a whole.In recent years many states in the U.S. have witnessed a dramatic fall in home prices. This has encouraged homeowners in these states to simply walk away from their mortgages not out of an inability to pay the mortgages, but because strategic default seems the best available option financially. In order to understand the reasons behind…

  • TeliaSon Era and Google (Competition Law)

    However, it can be agreed that attaining this desirable status, in which all stakeholders benefit optimally, is relatively challenging. Coupled with increased pressure from the market to make profits, most business persons have opted for satisfying their needs at the expense of the consumer. Furthermore, individual business entities have gone to great lengths to attain and maintain a competitive edge in the markets that they explore. In essence, they take measures that are geared towards enhancing their performance and outperforming their counterparts. They have adopted malpractices such as collusive price fixing, predatory pricing, tie-up sale, discriminatory pricing and creating barriers to market entry amongst others. These trends have had adverse…

  • “Umbrella Clauses in Bilateral investement Treaties &amp

    Comparison between ICSID, UNCITRAL and ICC"Put another way, the main question is whether or not the umbrella clause renders a breach of an investment contract a treaty claim.3 A review of previous arbitration decisions on the issue have produced mixed results. It would appear that with contradictory rulings on the matter, umbrella clauses can sometimes be effective for resolving disputes arising out of investment contracts concluded under the authority of BITs. Wong argues however that, contradictory rulings only serve to nullify umbrella contracts and thus render them ineffective as a means of resolving disputes arising out of an investment contract.4 This paper evaluates umbrella clauses with a view to determining…

  • The Commission as Agent of States

    The most important aspect here is the implied consent of cooperating states that, in specifically outlined areas, actions by the commission are tantamount as an act of each of the member states. This paper will examine this principle with the purpose of identifying the extent to which commissions can claim as agents of its member states. This examination will focus on the experience of the European Commission. An understanding of this aspect can provide a roadmap and the dynamics to the responsibilities of the commission as well as the jurisdictional authority, a complicated variable that often creates conflict.Commissions have different definitions. This is due to the fact that they assume…

  • Statutory Interpretation of the Human Rights Act 1998 by the UK Courts

    However, the courts have treated such evaluations as mere exaggeration. Whilst pronouncing such judgements the courts have stressed that they have given due consideration to Parliament’s sovereign intentions2.In the Von Colson case, the EU made it mandatory for the national law to implement a specific EU Directive3. However, in Marleasing the EU required the national courts to interpret national legislation in accordance with the provisions of the pertinent EU Directives4. However, the UK Courts though agreeable to implementing the principle established in Von Colson, were unwilling to accede to the obligation established in the Marleasing judgement.In Duke v. GEC Reliance Ltd, the plaintiff Mrs. Duke’s employment had been terminated as…

  • Understanding the Legality and Enforceability of Exclusionary Clauses of Contracts

    Terms Act 1977 prevents the parties from imposing unconscionable and unfair obligations and liabilities against each other while the Sales of Goods Act 1979 provides protection to the buyer and the seller alike.Since there are limitations when it comes to the clauses of the contract, the parties must be vigilant in protecting their rights. In our hypothetical case, the parties to the contract, Bright Wheel Bicycles Limited (“BWB”), a UK manufacturer of bicycles and Top Gear Trading Ltd (“TGT”), a retailer based in Manchester, entered into a contract of sale of a good whereby BWB is the supplier and TGT the reseller. Some of the bikes supplied by BWB to…

  • What Have Been the Costs and Benefits of Hong Kongs Currency Board System Since 1983

    Hong Kong operated a ‘sterling exchange system from 1935 – 1973, excluding the years of Japanese occupation. The sterling exchange system is a currency board with note issue back by holdings of Sterling assets’ (Crosby 2000). Then, ‘between 1972 and 1974, the HK dollar was set at a fixed rate to the US dollar. From November of 1974 until the return of the currency board in 1983, the HK dollar floated freely against the US dollar’ (Hanson). Hong Kong being a Special Administrative Region of China is dependent on mainland demand but its monetary system is still attached to the U.S. If ever China retaliates against pressure for the trade…

  • Discarding of Recyclables

    This paper posits that a ban on throwing recyclables into trash cans in Portland Oregon is necessary and positive because there is a growing clamor for it as reflected in a cascade of legislation in many states all over the US enforcing such related bans because there is overwhelming evidence that mandated bans in law are more effective than voluntary recycling programs in reducing waste and eliciting support for recycling programs, and because the foundations of good environmental practices and awareness in the communities of Portland are in place to successfully enforce a ban (Millman. CalRecycle. Bosque. Koch. City of Seattle. Peters).First, there are overwhelming precedents from other states with…

  • Public Health Law and Policy

    It is expected to increase to $4.4 trillion in 2008. Based on all projections, however, there is an expectation of high enrollment and growth in Medicaid and Medicare spending over that time. (Sisko, Truffer, Smith, 2009). Physician Medicare payments will remain constant between 2010 and 2018. Under the current law, there is an expected acceleration of national healthcare spending starting in 2011 will increase by 7.2% by 2018.By payer Medicare spending is projected to increase by 8.1%, Medicaid by 6.9% and private health insurance by 5.8%. Out of pocket expenses are projected to grow by 3.8% and prescription drugs are expected to increase by 3.5%. Hospital spending is expected to…

  • Gulf Regional Legal Environment of Business

    Competition law is part of the legal environment of business in Gulf region that requires numerous amendments and enforcement. Competition laws facilitate the entry of foreign firms in the economy and ensure that the economy gains from increased product innovation and high quality products. Fair competition laws also facilitate bilateral and regional cooperation between several states thus strengthening both the economic and political relations. Oman has certain anti-competitive laws that hinder free trade in the economy. Examples of the anti-competitive laws include subsidies to the national companies, exempt of import custom duties for national companies dealing with agriculture and manufacturing and requirement that foreign entities cannot have 100 percent of…

  • Drifting toward Communism

    at subverting the rights contained in no less than five of the first ten amendments (the Bill of Rights) to, as they claim, ‘protect’ citizens from terrorism. Both these groups combined are actively attempting to convert America into the totalitarian, communist society that many have fought against in the pursuit of the very freedoms the nation is supposed to stand for.The Second Amendment to the U.S. Constitution states, “A well-regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed” (“The Constitution”, 2006). This, as were all of the first ten amendments to the Constitution, was…

  • The Offences Against the Person Act 1861

    Therefore, there is a need to modernize this 140-year old legislation. In fact, Justice Brooke opined that it is “intolerable that an important law covering criminal assaults, batteries and wounding…should be based on the antique and obscure language of an Act.”3 In a nutshell, the Act is outdated, unclear and unfit for its purpose.According to Lacey, et al., “the somewhat imperfect hierarchy of the Act reflects both the differences in the seriousness of the injury and harm and in the mental element.”4 Indeed, it can be seen that assault and battery carry a low penalty (6 months imprisonment) compared to Section 47 (five years)—with only a little difference in the…

  • Comparison of the Divine Command Theory and the Natural Law Theory

    It poses as a means in which human beings can be rationally guided towards what is good for him and the rest of society. It is a natural knowable moral law that did not emanate from any act of human beings, but by the existence of reality in which man acts upon.Some of the ethical implications of the natural law theory include establishing a moral foundation for men to follow, which became the foundation also of the kind of laws being enacted in society. Thus, the natural law theory becomes a benchmark or a source of proper aid from which other laws (positive law, legal laws) adhere to. This moral…

  • The Subjection of Women On Liberty and Communist Manifesto

    Mill has been a known advocate of women’s emancipation in his time. And in “Subjection of Women,” he has laid all the arguments and his eloquence as to how society is imposing inequalities upon women. Women’s suffrage was raised. the marriage law in his time, as well as other legislations concerning the debasement of women, were also assailed.The connections between the essays “On Liberty” and “The Subjection of Women” may be credited to John Stuart Mill’s wife, Harriet Taylor. The latter piece was, as claimed by Mill, co-written by her and the former, “On Liberty,” was written after her death.Firstly, Mill’s advocacy of utilitarianism was clearly manifested in these two…

  • Extent Of The Implied Obligation Of Seaworthiness And The Effects Of Breach

    The law with respect to seaworthiness is necessary since the vendor is discharged of liability once the goods are dispatched at aport for shipment to the buyer. Moreover, should the goods arrive in a nonconforming state the buyer is at liberty to reject them?The difficulty with respect to liability arises if the goods were damaged in transit. Since the vendor is discharged of liability upon delivery of the goods at the dispatching port provided they conform to the terms of the contract and are subsequently damaged in transit, the question of seaworthiness arises to determine whether or not the carrier should be held responsible for those damages. This paper examines…

  • The Connection Between the Constitution and the Law

    City of Chicago, 337 US 1, this Court upheld its inviolability even though it “induces a condition of unrest, creates dissatisfaction with the condition as they are, or even stirs people to anger.” We acknowledged then that one of the functions of this freedom is precise “to invite dispute.” Through Justice Holmes in the case of Abrams v. US 250 US 610, we explained why the Court put so much premium on this freedom: “When men have realized that time has upset many fighting faiths, they may come to believe, more than they believe the very foundations of their own conduct, that the ultimate good desired is better reached by…

  • Customer Service Training Program

    The business was not expanded to include fruit and vegetable seeds until 1837, when the business gained new premises and had grown, with Mr. Sutton taking in both of his sons into the business and the sons convincing their father that fruit and vegetable seeds were the way to grow the business. Both father and sons wished the reputation of being the best in the business, and soon were supplying seed far and wide. The business expanded again in 1836 when Sutton’s son Martin Hope purchased nursery grounds as well as a greenhouse, and in 1838 began to sell greenhouse plants along with the fruit and vegetable seeds that had…

  • Business and Corporate Law St Ronans Ales Ltd

    ns 171-188 of the Companies Act 2006 expands the duty even further requiring that directors act in a manner calculated to promote the company’s success and to take account of the effect that their decisions have on all stakeholders including the community and the environment.4The company directors’ decision to borrow 100,000 pounds against the assets of the company is negligent and a breach of the directors’ statutory duties pursuant to Sections 171-188 of the Companies Act 2006. It is a firmly established tenet of company law that directors in the course of exercising their duties are held to a specific standard. The standard is compared to the care and conduct…

  • Application of the Hague Visby Rules

    It is seen in the EU context that different countries have different rules governing carriage by sea and therefore it had become necessary to have a set of rules that could be applied uniformly for all countries. The Hague and the Hague/Visby rules are designed to serve this purpose. Moreover, law and contractual obligations to each other bind trade partners, and therefore, all trading have to be done within the ambit of such contractual obligations. In case of any transactions coming outside the scope of trading agreements, this needs to be ratified by the respective partners, otherwise, the implications of litigations cannot be ruled out.. In the normal course, it…

  • Effects of the Model Minority on Asian Americans

    The American government did not exactly stop China from controlling Chinese Americans in the U.S. did not protect Chinese Americans in Americans soil because it continued to see the latter as suspected illegal aliens, even after World War II. Furthermore, the U.S. government did not take positive actions to create equal conditions for Chinese Americans. It practised racial profiling as a means of cleansing the U.S. of suspected communist Chinese Americans. This statement, “Chinese in the United States were subjected to a highly institutionalized structure of dual domination?” means that Chinese Americans had two lords in the U.S. – the U.S. government and the Chinese government. Both governments subjected Chinese…

  • Analysis of Property Law Cases

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    You are asked to advise a business man who wants to establish a hotel with food and beverage facilities in Singapore. You are advise him in the following areas.A) The legal responsibilities of a hotel operator to guests.B) The legal and regulatory framework relevant to tourism, hospitality and events managementMust only advise on Singapore law and not foreign law22/03/202060law

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    Sources must be cited in APA format. Your response should be four (4) double‐spaced pages; refer to the “Format Requirementsʺ page for specific format requirements.1. Describe the societal justifications for punishing people involved in a conspiracy. Do you agree with these justifications? Why or why not? Provide two (2) supporting facts to justify your position.2. Describe the four (4) elements for a defense of duress. Provide one (1) original example of a situation in which a duress defense might be applied.3. Describe one (1) reason why police sometimes keep investigating after a defendant has been charged with a crime.4. Provide three (3) examples of circumstantial evidence that might be presented…

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    The central issues in Criminal Justice and the Rule of Law revolve around how Supreme Court justices are appointed and how their ideological leanings affect all citizens of the United States. According to the chapter, the Supreme Court’s decision that other constitutional amendments fell under the domain of the Fourteenth Amendment was supported by those within the legal community as ensuring the criminal justice system was in line with the American values of citizens’ rights and liberties, and that the government’s authority was limited. Explain two reasons why this might hold true, then provide rebuttals for each reason that demonstrate the opposite opinion. In your own words, explain the importance…

  • Business law II Milestone Case Study Assignment

    Below assignment is a case study 1 involving Fred and Sally. Detail of the care is on the rubrics. You will need to use the rubrics to answer all the questions for the milestone according to meet the assignment requirement.I have attached the rubrics to be used and the text book reference for this course is:Kubasek, N. (2012) Dynamic Business Law. New York: McGraw-Hill/Irwin.Other sources can be added to produce good result for this project.Thank you.28/01/20185businessfinance

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    Reply “Please see attachmentW8PSPA.docxPosted: 7 days agoDue: 16/01/2020Budget: $3Tags: Helpurgent Answers 1kim woods4.6 (285)4.7 (26k )Chat6 days agoPurchase the answer to view itorder_132766_346811.docTry it first(plagiarism check)Buy answer $15Bids 45writer respect Ryan TrAmanda SmithElprofessoriProf. EsmeraldaProf BerryDexterMastersPROF_TOMMYTeacher TrumahnHomework ProSasha SpencerUrgent Tutorrunge-kutta acerCallie ThornePROF. ANNCatherine OwensMichelle MutheuAshley ClaireMadem_JenniferTerry Robertsjim claireansRohanEmma BakerProf.MacQueenDr R Judy Markkim woodsMiss ProfessorAngelina MaySamann060katetutorDr. ElahiEva GreenMathStat GeniusmbithehProf. BierceshujatSaad FahimSaburBQuickMentorTopGradeEssays judge mikeProf SolutttionsUnique_ProfSolutionsHutJudithTutorOther questions 10Cam Security investment activity for erudite787 ONLYOrg Com Assign 3Employment Law groupAssignment 2: Time Value of Money2 APA papersbusiness 7 De Mar's Product Strategy Case StudyAssignmentarticle reviewBlog ArchiveCopyright © 2019 HomeworkMarket.com Read MoreApplied SciencesArchitecture and DesignBiologyBusiness & FinanceChemistryComputer ScienceGeographyGeologyEducationEngineeringEnglishEnvironmental scienceSpanishGovernmentHistoryHuman Resource ManagementInformation SystemsLawLiteratureMathematicsNursingPhysicsPolitical SciencePsychologyReadingScienceSocial Science window.__REDUX__STATE__ = ‘{“appMeta”:{“serverRendered”:true},”apiRequests”:{“pendingRequestCount”:0,”succeededRequestCount”:4,”failedRequestCount”:0,”requestCounters”:{“GET_FIELDS_PENDING”:0,”GET_ENTITY_PENDING”:0,”GET_FIELDS_SUCCESS”:1,”GET_ENTITY_SUCCESS”:1,”GET_SIMILAR_QUESTIONS_PENDING”:0,”GET_OTHER_QUESTIONS_PENDING”:0,”GET_SIMILAR_QUESTIONS_SUCCESS”:1,”GET_OTHER_QUESTIONS_SUCCESS”:1}},”currentUserMeta”:{“id”:0,”isGuest”:true,”isReceivingEmails”:null,”authMethod”:null,”approvalTicket”:null,”fees”:null,”disputesAmount”:null,”earningsStats”:{“questions”:{“totalPurchases”:0,”totalIncome”:0},”tutorials”:{“totalPurchases”:0,”totalIncome”:0}}},”modal”:{},”joyride”:{“steps”:[]},”users”:{“guest-0”:{“role”:”student”,”isGuest”:true}},”usersStatuses”:{},”usersThreads”:{},”usersReviews”:{},”usersQuestions”:{},”reviewsPage”:{“results”:[]},”reviews”:{},”answersReviews”:{},”threads”:{},”questions”:{“10139733”:{“body”:”http://jobmob.co.il/blog/funniest-resume-mistakes/ Pick 20 of the…

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    Topic 2 DQ 1 Is due process required prior to an afterschool detention? Why or why not? You must support your position with examples from case law, the U.S. Constitution, or other readings.Topic 2 DQ 2 Describe three aspects of due process for a school seeking to suspend a student with disabilities11/05/202010education

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    Malpractice Lawsuits involve medical error: a negligent act by a healthcare provider that falls below the expected standard of care. These acts can be very costly to the healthcare industry.Medical Malpractice Law in the United States(2005) describes issues surrounding these laws.Discuss your views on the impact that medical malpractice lawsuits have on the delivery of healthcare in the United States. How do you believe they should change the law, if at all?Only 150 words12/05/202010law

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    Types of Consent and PayersPart 1Complete the chart and questions below. Type of consent Define the type of consent (20 to 45 words) Identify 4 principles of consent (20 to 45 words) Describe the impact of consent on the health care industry (45 to 90 words). Informed consent Implied consent Answer each of the following questions using 90 to 175 words.1. Describe 4 exceptions (federal or state level) to consent.2. What impact do exceptions to consent have on the health care industry?3. Describe 2 exceptions to consent within your state.Part 2Complete the chart below. Identify 3 third-party payers. Describe the third-party payer (20 to 45 words). Describe the legal issues…

  • FMLA_labor_laws_OSHA

    You are a first-year Human Resource Specialist at “State of Estates” estate planning firm.Norman is the mid-level manager responsible for the southern regional office.The following events have recently occurred in Norman’s office:Ken, an estate planner in Norman’s office, recently adopted a baby with his wife.He applied for 12-week family leave, but was denied by Norman because his wife did not physically give birth.The corporate human resource department (where you work) was not given notice of this decision.June, part of the full-time housekeeping staff, has been asking other employees if they would like to join a union.There are currently no unions within the organization.Maria is concerned about ladders that are placed…

  • CRJ330WK6DQ

    CRJ 330: Comparative Criminal Justice Week 6 DiscussionPart 1:  Please respond to the following:What are your views about supranational courts? Once the court’s jurisdiction crosses borders, ethical concerns take more precedence. Examine at least two ethical concerns surrounding supranational courts that may have an influence on the United States’ reluctance to ratify the Rome Statute and respond to the following:Express the extent to which you agree these ethical concerns are valid.Provide a rationale as to why these ethical concerns conflict with American constitutional protections.Provide references to support for your responses.Part 2: Student Response Katelin Fuchs RE: Week 6 DiscussionI don’t see the need for supranational courts because of how cost-effective…

  • CRJ330WK3DQ

    CRJ 330: Comparative Criminal Justice Week 3 Discussion QuestionRespond to the following:Select one of the model countries from the text. Compare and contrast two strengths and two weaknesses of its justice system against that of the United States’ justice system. Suggest one change to each country’s justice system that might improve on the weaknesses that you noted. Provide a rationale for your response.Student Response:Komal Salim RE: Week 3 Discussion The United States uses the common law, whereas Germany uses the civil law on a federal republic system level. One strength is that Germany distributes their power similar to the United States on a federal and state government level. The governmental…

  • CRJ310Week7DiscussionQuestion

    CRJ 310: Law Enforcement OperationsWeek 7″Law Enforcement Structure in the United States” Please respond to the following: Examine the key differences between the organization of federal and state law enforcement agencies. Then, identify the fourmajor organizations that compose the Department ofJusticeandcompare and contrasttheir primary functions.Provide one example of a situation or scenarioin whicheach of the fourorganizations would be utilized.Part 2: Student Response:Betty Smith RE: Week 7 Discussion The federal Bureau of investigation (FBI) is housed within the united states department of justice. The FBI is reather inique in that it has both law enforcement and national security concerns as part of its mission as the FBI’s mission statement puts it…

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    FEBRUARY 7, 2014TILA RESPA IntegratedDisclosureH-25(B) Mortgage Loan Transaction Closing Disclosure – Fixed RateLoan SampleThis is a sample of a completed Closing Disclosure for the fixed rate loan illustrated by form H-24(B). The purpose, product, sale price, loan amount, loan term, and interest rate have not changed from the estimates provided on the Loan Estimate. The creditor requires an escrow account and that the consumer pay for private mortgage insurance for the transaction.Closing DisclosureThis form is a statement  of final loan terms and closing costs. Compare this document with your Loan Estimate.Closing InformationTransaction InformationLoan Information Date Issued 4/15/2013 Borrower Michael Jones and Mary Stone Loan Term 30 years Closing Date 4/15/2013…

  • C410DBRubric

    Discussion Board Rubric Criteria Levels of Achievement Content (70%) Advanced 90-100% Proficient 70-89% Developing 1-69% Not Present Total Initial Post: Content 36 to 40 points: Each question/prompt is answered thoroughly and logically. Major points are stated clearly and effectively.  Clear, logical flow to post; stayed on topic. Personal examples are used appropriately 28 to 35.5 points: Most questions/prompts are answered. Major points are stated clearly and effectively for the most part.  Post is clear, logical and focused for the most part. Personal examples are overused. 1 to 27.5 points: Most prompts/ questions are answered. Lack of clarity, coherence, logic and focus in key areas. Personal examples are over-relied upon. 0…

  • BUS624Week5Discusson2

    Week 5 – Discussion 2Required ResourcesTextLangvardt, A. W., Barnes, A. J., Prenkert, J. D., McCrory, M. A., & Perry, J. E. (2019).Business law: The ethical, global, and e-commerce environment(17th ed.). Retrieved from https://www.vitalsource.comChapter4: Business Ethics, Corporate Social Responsibility, Corporate Governance, and Critical ThinkingChapter 45: Securities RegulationChapter 51: Employment LawChapter 52: Environmental RegulationMultimediaMcGraw-Hill. (2011, July 23).Insider trading(Links to an external site.)[Video file]. Retrieved from http://www.viddler.com/embed/1f5a9785/?f=1&autoplay=0&player=full&secret=97426822&loop=0&nologo=0&hd=0In this video, the presenter provides information about the facts of a potential insider trading case. This information will assist you in your Insider Trading discussion this week.Accessibility Statement does not exist.Privacy Policy(Links to an external site.)McGraw-Hill. (n.d.).YBTJ_religious_arg(Links to an external site.)[Video clip]. InReligious discrimination: Dress code…

  • BUS450DISCUSSIONCaliforniaSuesUberLyftsayingtheymisclassifieddrivers

    California Sues Uber, Lyft Saying They Misclassified Drivers as Independent ContractorsLawsuit sets up confrontation over new state lawCalifornia Gov. Gavin Newsom signed legislation last year intended to classify some independent contractors as employees.PHOTO:RICH PEDRONCELLI/ASSOCIATED PRESSBySebastian Herrera andTim Higgins, The Wall Street JournalUpdated May 5, 2020 4:10 pm ETCalifornia suedUber TechnologiesInc.andLyftInc.for allegedly misclassifying their drivers as independent contractors instead of employees, a move that intensifies a battle between the ride-hailing giants and their home state.California, which is suing the companies under authority granted by a new state law, said the decision to classify drivers as contractors has deprived them of rights such as paid sick leave and unemployment insurance.“We believe it’s…

  • Backgroundtext

    Kent v. United States (1966)One of the first major juvenile rights cases that began to reform juvenile courts was Kent v. United States (1966). The decision established the universal precedents of requiring waiver hearings before juveniles could be transferred to the jurisdiction of a criminal court (except by legislative automatic waivers as discussed in this and other chapters, although reverse waiver hearings must be conducted at the juvenile’s request) and of juveniles being entitled to consult with counsel before and during such hearings (Grisso, 1998).The facts of the case are that in 1959, Morris A. Kent, Jr., a 14-year-old in the District of Columbia, was apprehended as the result of…

  • Amazonfinancialstatementanalysis

    Amazon Finanicl Statement AnalysisSouthern New Hampshire UniversityJamie AmelioNovember 18, 2018       Through providing an extensive line of products and services that offer convenience to both businesses and consumers, Amazon has become a powerhouse in the cloud computing industry as well as online retail industry. Operational cash and marketable securities generate the cash flow that is the principal source of liquidity for Amazon. The operational cash is obtained from customers, sellers, advertisement agreements and branded credit cards.     In 2017 Amazon had a 31.5% increase in current assets. This is primarily through its efforts towards growing the company through investing and issuing equity debt that they had not paid out dividends on. Instead,…

  • AbortionBibliography edited

    Annotated BibliographyABORTIONStudent NameName of ClassABORTIONFischer, John Martin. “Abortion and Ownership.”The Journal of Ethics(2013): 275-304. Print.The argument in this documentation is that there is more sense in regards to pro-choice decisions. Every pregnant woman should have a right to control every aspect that relates to their bodies. From examples of individuals coming from different aspects of life and different lifestyles, all of them end up staying towards the pro-choice perspective towards abortion-related issues. It shows that no other person has a right in any way to determine what happens to someone else’s biological body. Clark-Moe, Loren. “My Body, My Employer, My Abortion. ” Washington Post. 06 July. 2014: A. 15. SIRS…

  • 1

    ABA JOURNALChemerinsky: How the Roberts Court could alter the administrative stateBYERWIN CHEMERINSKYSEPTEMBER 4, 2019, 6:00 AM CDTIt has been widely predicted that the Roberts Court will impose significant new limits on the administrative state, especially by increasing judicial review of agency decisions.Both Justices Neil M. Gorsuch and Brett M. Kavanaugh, as federal court of appeals judges, urged less judicial deference to the decisions of federal administrative agencies. The court certainly had the opportunity to do this in the October 2018 term, but it didn’t happen.Of course, that doesn’t mean that it won’t happen in the terms ahead. In fact, some of the cases suggest that such limits might be on…

  • Concepts of Equality and Trust

    It has to be understood that the term ‘Law’ implies an act enacted and passed in Parliament (statutory law) and the common law (principles established by judges in previous trials, procedures and conclusions) in the process of deciding on litigations.The most important dissimilarity between law and equity is the difference in remedies that both offer. While laws equip the court with the necessary set of instructions that enable the court to draw monetary compensations for the damages cased to the plaintiff, the equity enables the court to order injunctions or decrees that direct someone to act or not to act in some particular manner. Often, it is this form of…

  • The Dangers of Equality A Close Reading of Harrison Bergeron

    At the beginning of the story, a quite exciting statement introduces the content of the story. The year was 2081, and, everyone was equal. Other than being the same in God’s eyes and the law, everyone was equal in every possible way. The theme of equality among everyone in the story was passed when constitutional laws were changed. The adjustment emphasized the theme, where equality was a new establishment among the characters featured in the story.The primary aim of Kurt Vonnegut’s story is to enable the audience to understand that people in every society should be given a chance to discover their utmost potential. The author also uses significant instances…

  • The Importance of Law Enforcement

    As quoted by Schuster (2007) from the American Judicature Society, misidentification by the eyewitness was the leading cause of wrongful conviction in more than 75% of the first 183 DNA exonerations in the United States. From this statement, questions arise on the effectiveness of the methods used by the police in letting the eyewitness identify suspects from photographic and live lineups that are commonly used in the US police departments.There are two kinds of lineups: simultaneous and sequential. In a simultaneous lineup, the eyewitness views all the people or photos at the same time, while in a consequential lineup, people or photographs are presented to the witness one at a…

  • The Foundation of Family Law

    One definition of a family springs from the functions upon which the family is founded upon. This approach, otherwise known as the functionalist approach, includes in the definition of a family as any group of people performing roles and functions, which are closely associated with their responsibilities of being members of a group. For instance, we usually refer to a group of people such as a certain class as a family by association. A further definition of family would give us the genealogical stock from which an individual came from. For instance, John belongs to Adam’s family. Here, the family is the group from which Adam actually came from.As time…

  • Cyber Law on Obscenity

    Smith and Hogan state that the ordinary meaning of obscene is filthy, lewd or disgusting. In law the meaning in some respects is narrower, in other respects, possibly wider5 The test provided for under the law for obscenity of an item is that if its effect, in general, tends to deprave and corrupt persons who have access to it.6 While earlier versions of the Act covered only published material, it was amended in 1994 to also include material transmitted over the Internet, including the possession or ownership of such material. This was modified by further legislation in recent times.7 Furthermore, the Computer Misuse Act of 1990 has also made it…

  • Law of Trusts

    As far as this particular trust is concerned, no conflict should arise. As remainderman, John will have the right to the extraordinary receipts such as sale proceeds. If this gift had been shared, he would have also received stock splits and dividends. John will also be responsible for any extraordinary expenses involved, such as amortization of principal or any other costs incurred.However, there is the question of the covenant that George has made with the trustee’s Dick and Harry in 1997 when the marriage settlement trusts were made to transfer 5000 shares in the Company and the sum of 200,000 pounds in cash and the question of whether it would…

  • How Democratic Is the Constitution

    The basic undemocratic aspect of the Constitution is the tolerance of slavery. The reason for this leniency was to guarantee the support of Southern states, where slavery was common compared to the rest of the country. He points out that the Constitution did not bestow voting rights to all American, as African American, Women and the indigenous people were excluded, which is against the spirit of freedom and democratic values.Article II empowers states to select the number of electors proportional to its population, but as the current status of the population is changed in all states, it has been changed, which can change the whole process of president selection. According…

  • The Case of Manfred Brunner v The European Union Treaty

    The adoption of a single currency and the monetary policy of the EMU were the issues at stake as appearing in conflict with the functions and powers of the Bundesbank. The provisions of the Act of Accession in the Maastricht Treaty and the degree of their applicability within the individual constitutions of the member states of the European Union were established in this case. The European Charter of Fundamental Rights was also a relevant document in this case, as established through a joint proclamation by the European Parliament, the Council and the Commission at Nice, which was to apply to the fundamental rights of all member states of the European…

  • Financial Equity and Trust Law

    On January 1st, the first part of the payment, £163,500,000 enters the bank account of the Badchester Borough Council. On January 11th, the Council is declared bankrupt. A private company, Bin-U-Like, who were contractors of the council, are preferred creditors and claim that the £163,500,000 is owed to them for monies unpaid by the Council. Farley’s Bank is demanding the return of the £163,500,000. At the time of the transaction, the Council was acting outside of its statutory powers to borrow money from commercial lenders.Advise Farley’s Bank. Will they be able to claim the return of the £163,500,000? At the time of the transaction, the Borough Council were acting outside…

  • Human Rights and Natural Law Theory

    Enforcement of international human rights law began with Nuremberg, which recognized crimes against humanity and began a form of politics that favored intervention on behalf of individual rights, even when violations of those rights occurred within the boundaries of sovereign states. The body of international human rights law since World War II has established the principle that international law limits a States treatment of its own nationals.This international norm paved the way for detailed statements of internationally protected rights. To the extent that human rights plaintiffs classes are treated as an entity with substantive rights founded in CIL principles of collective rights, opting out would undermine such interests and therefore…

  • Irans Nuclear Weapons

    Defiant, intimidating rhetoric by Iranian President Mahmoud Ahmadinejad, a confirmed nuclear enrichment program and naval operations in the Persian Gulf all have acted to sound the alarm of imminent danger from that extremely volatile region of the world. The recent capture of British forces by Iran is simply another example of and the next step in that nation’s hostile intent. The U.S. and its ally Israel must address what the response will be to this nuclear threat and when it should be carried out. President Bush has already deployed two Carrier fleets to the Persian Gulf to beef-up U.S. presence in the region. It is doubtful that Bush or the…

  • What is a Social Trap

    Both in the context of social traps and in the context of paradoxes, it is seen that long-term circumstantial effects must be taken into consideration when one makes a decision. and it is not proper to neglect them for the sake of short-term benefits of an individual or a group (Bazerman and Samuelson, 1983, p. 632). 2. Social traps are mostly representative of situations where a single individual or a collective group of individuals focus on generating short-term benefits in the form of profits and increased revenues from an unexpected window of opportunity through the use of a favorable law or practice ( Platt, 1973, p. 641). Social traps arise…

  • Macroeconomic Convergence Financial Development and Economic Growth

    The theory of absolute convergence states that the growth level of countries initially varies due to the difference in their levels of capital. The second theory of conditional convergence states that each country has a steady state and they converge to their own level of the steady state.The paper focuses on the effect of convergence on China and the resultant financial development and economic growth in this country. Deep-down analysis of the fact that poor countries can catch up to the rich countries through the increase in the average rates of growth has been carried on for a proper understanding of this topic. The investigation of the way in which…

  • Gun Rights Gun Violence in America

    This brief analysis will seek to consider the debate from the perspective of the pro-gun control movement. In such a way, it will be the express goal of this author to relate to the reader some of the most powerful arguments in favour of favourer gun control and the rationale behind these. As such, it is the author’s hope that the reader will gain a more nuanced and complete understanding of the main arguments for further gun control by an analysis of the following 4 arguments: the Second Amendment does not, nor did it ever, provide for individual gun rights, the high rate of gun-related violence and death, as well…

  • Meeting the Needs of Different Client Groups

    This paper looks into the provisions of private fostering, and in doing so, it outlines some of the rules and responsibilities that guide the client and the caregiver as well. Conversely, the paper provides an evaluation of two models of care, the Orem’s Self Care model and the Roper, Logan and Tierney’s activities of living, thereby revealing how they relate to the case in consideration.Majorities of friends or family carers act in an informal manner by agreeing with the people holding parental responsibility for a child, identified as the client in this case. For this reason, the initial arrangement between Rachel’s parents and Tracey’s parents to accommodate Rachel in their…

  • Irish Bussiness Law Martin versus Jason

    Business law and such related legal requirements provides the frame work for the redress of such circumstances when they do occur as well as ascertaining whether the claims are justifiable apart from determining the amount of compensation if the situation warrants the compensation. There are always circumstances not foreseeable to both the contracting parties and therefore, it is not worth that the compensations are made and the laws consequently provide to cover such events. Martin, in a bid to sue Jason for the losses incurred and the eventual closure of the business will have to prove various circumstances under which the loss is related to the activities of Jason as…

  • Analysis of the Criminal Law

    There are several similar cases where police officers have been injured in this manner whilst defendants are attempting to escape. In R. v Boswell3 the defendant was found guilty of causing death by dangerous driving whilst trying to evade been arrested.Boris could attempt to argue that PC Ali’s action of jumping on the bonnet amount to contributory negligence as he has put himself in danger by doing this4. Boris may also be able to use the defense of his personality disorder to reduce or extinguish the charges5 or provocation caused by PC Ali’s actions6. To be able to decide on the liability of Boris it is necessary to examine the…

  • Understanding the Nature and Consequences of Euthanasia

    Taken in our modern context, euthanasia, also called mercy killing is the act or practise of painlessly putting to death persons or animals that are suffering from painful and incurable diseases or incapacitating disorder. 1 Although there are so many people who vehemently oppose euthanasia, a recent Gallup poll showed that around 60% of the people living in the United States are in favor of mercy killing (Carroll J., 2006). The figures shown in the survey may not be conclusive but it gives an idea of what people are thinking about matters involving life and death in the United States. The survey gives us a glimpse of how our society…

  • Fundamentals of European Law

    The United Kingdom, as a member of the European Union is bound by the provisions of the current Treaties as well as any future Treaties. Section 2 of the European Communities Act 1972 provides that ‘all such rights powers liabilities obligations and restrictions… created by or arising under the Treaties … shall be recognized and available in law, and shall be enforced, allowed and followed accordingly.’2 This is the context in which Melinda’s rights fall to be determined.Melinda’s case involves the interpretation and application of secondary legislation as her rights are directly connected to the validity of a directive issued by the Council of the European Union. Although directives require…

  • Significance of Central London Property Trust Ltd V High Trees House Ltd

    On the facts of the High Trees case, a landlord agreed with the tenant that rent due under a lease would be reduced during the Second World War period. However, once the war came to an end, the landlord attempted to recover the full assessment of payments to make in the future, as well as the deductions agreed to with respect to previous payments on the basis that the duty rule exempted enforcing modifications.4Lord Denning agreed that there was no consideration to support the promise made by the landlord with respect to the rent reduction. However, Lord Denning went on to state that the promise could nevertheless be enforced with…

  • Legal Application and Action

    According to the rules of revocation, an offeror’s withdrawal of his offer is possible and effective, provided that revocation is given before acceptance (Payne v Cave [1979] 3 T.R. 148). For the revocation to be valid, however, it must be communicated to the offeree before acceptance takes effect as expressed in the case of Byrne v Van Tienhoven (1880) 5 CPD 344. A further implication of this case is the effect of the postal rule, such that unlike the postal rule of acceptance (Adams v. Lindsell [1818] B ALD 681), revocations sent via post are not considered to have been communicated to the offeree until after it has been brought…

  • Bob took a pistol with him on a visit to the hospital to see his terminally ill father At his father’s request Bob killed hi

    The action of Bob resulted to the loss of life of a disabled person. Under United s law, Bob committed a serious crime, which is considered as felony. Bob could be charged of committing murder or manslaughter. According to the United States law, murder is regarded as the intentional act of killing another person (Siegel, 2008). This implies that the defendant had premeditated and had time to consider his actions with the intention of taking another persons life (Siegel, 2008). From this statement, it is not clear whether Bob was mentally sound, but in law, he did not have the legal authority or reason to act in the way he…

  • The Greatness of Sharia Laws in Comparison to Others

    In this sense, the word is closely associated with fi?h which signifies academic discussion of divine law. The moral concept of Sharia laws is based on the premise that the rights of God’s creation cannot be violated. Human rights, if violated, must be compensated by laws. The greatness of Sharia lies in the fact that it is based on a well-defined concept of human rights. Violation of the rights of God (Haq-al-Allah) may be forgiven. But violation of human right cannot be forgiven until it is forgiven by the one whose rights have been violated. There is another greatness of this law that everyone, either rich or poor, is subjected…

  • Circumstances in Which a Constructive Trust May Be Imposed upon a Trustee

    Constructive trusts arise by operation of common law principles and are by and largely implied by circumstances and facts particularly in respect of the conduct, statements, and intention of the relevant parties where applicable. The most common circumstance in which a constructive trust may arise is when a party makes some contribution toward the intrinsic value of the property with the understanding that he will acquire some interest in that property. These kinds of circumstances usually arise in and over the respective interests of co-habitants of a dwelling house. In these types of scenarios, a constructive trust may be imposed upon a trustee.Lord Diplock defined the circumstances in which a…

  • Employment Law Employment Relations Act

    In most cases, trade union acts are considered legal if they are performed by the employees after office hours or during office hours with the consent of the employer. In our case at bar concerning Sarah, the first thing that we need to look into to determine the legality of the actions of Sarah is the nature of her employment at Uptown CollegeIn the facts of our case, Sarah is a Senior Lecturer in the college. According to section 230(1) of the Employment Rights Act of 1996, an employee is an individual who has entered into or works under a contract of employment whereby that person subjects her/himself to the…

  • Law of business association Understanding company law

    This means that this partnership agreement will be in line with the partnership act of businesses operating in Australia. Further, they inform the solicitor that they are equal partners Partnership Act 1963 (ACT, section 6(1). John and Jenny are in partnership as the formation of a partnership requires a written or verbal agreement. This two people have a written agreement of partnership prepared by their solicitor. They open a joint account in which they use for the business transaction. This is not a requirement of a partnership. However, for the success of the business it is necessary to have a business account. A partnership is not a legal entity thus…

  • The Difference Between Inductive And Deductive Reasoning How Are Issues Of Validity And Truth Distinguished

    The inductive reasoning is intuitive and majorly a result of guesswork. For this reason, inductive reasoning is said to be probabilistic (Hacking, 2001, p.38). The conclusions obtained from the specific examples are analysed to form a general proposition that is a probabilistic one. The general rule that is formed as a result of inductive is subject to test and the outcome of those tests could not be guaranteed. The concept of inductive reasoning was developed by the Scottish philosopher David Hume. Hume stated that the daily habits of human beings are the reflection of the uncertain conclusions that are derived from the limited experiences (Dewey, 2008, p.47). Thus the general…

  • Direct Effect of Directives

    Directives are applied by virtue of the doctrine of Direct Effect which can be applied vertically or horizontally. Vertical Direct Effect is applicable against the Member States and its agents in the event a directive is either improperly implemented by a Member State or not implemented within the timeframe provided for its implementation. Direct Horizontal Effect applies between citizens within the European Community and is only applicable if the EC Directive has been properly implemented.3 The ineffectiveness of the Direct Horizontal Effect has been the subject of much debate among jurists and academics alike.Instead, it is a principle of law formulated and developed by the European Court of Justice. The…

  • The description of decolonization by Cesaire in his work Discourse on Colonialism

    The description of decolonization by Cesaire in his work Discourse on Colonialism The capitalism associated with the colonization did not establish any concept of assuring those who were colonized of their rights nor did it impart a system of individual ethics in them as thought (Cesaire 37). These were the ideals that bourgeois following Hitler teachings of, tried to pass onto people colonized in the guise of civilization. Colonization therefore never happened out of innocence and all efforts were used to subdue the locals in some instances through butcheries and massacres. For example, the French through the leadership of Colonel de Montagnac justified invading and capturing Algeria through massacring and…

  • Australian Property Law and Lease Contracts

    In this regard, what Larry will be banking on is his ability to convince a court of law that Tom acted either against the law or against the agreement. In terms of the agreement between Larry and Tom, it can be proven, albeit not beyond doubt, that Tom knew all too well that he was breaching the contract. This can be evidenced by the fact that he had tried to ask Larry to allow him to change the property before altering its look. Tom acted in a way that is less than legally acceptable by setting up the meeting to discuss the matter and then choosing to go on with…

  • Government Agencies Programs and Policy Evaluations

    Because of the nature of their task, they are also charged with monitoring and ensuring no harmful materials get smuggled into the US or any other country that uses the same structure. It is through these customs that a country also controls trade with other countries as well as immigration and emigration and through which the data on the same is collected and stored. This agency is being privatized due to corruption cases in some countries (Chowdhury, 2006).The US forest service is headed by the Secretary of Agriculture for Natural Resources and Environment. Its original mother agency is the US Department of Agriculture. It is divided into. National forest system,…

  • The threat of cybercrime is rising sharply experts have warned at the World Economic Forum in Davos Online theft costs $1 tril

    The final section is the conclusion and recommendations, in which the issues are wrapped up and the recommendations are put forth. The recommendations are basically that more countries need to be a part of the treaty, the countries that are a part of the treaty need to have their law harmonized, and businesses need to take security measures more seriously. Introduction The advent of the Internet has brought a variety of threats, and the biggest threat is that of cybercrime. Cybercrime can be anything from hacking to copyright infringement to possession of child pornography. The European Council has attempted to address the threats by implementing a treaty that was signed…

  • The Principles and Rules used by Jundges to Interpret Statutes

    According to the fictitious Act that has been used for his arrest, if Derek is defined as an employee than he is considered exempt, but if by throwing a party he has acted independently of that definition, then he is guilty of the charges. The following discussion will consider the position of Derek in relationship with his charged offense and use the rules and principles that judges utilize in order to make a judgement about the problem of the party. The definition of Derek’s position in relationship to his use of the land is vital in order to come to a well rendered conclusion. Judges and the Law The interpretation…

  • Protection of the Migrants The case of Gerry Hagger

    cal opinion, is outside the country of his nationality, and is unable or, owing to such fear, is unwilling to avail of the protection of that country, or who, not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it. Australia ratified the Convention on January 22, 1954, and the 1967 Protocol on December 13, 1973.In the case of Gerry Hagger who has been previously refused the grant of protection visa by the Department of Immigration and Australian Citizenship (DIAC), the next step is to resort to an…

  • Recent Violence Activity that Happened in Central California

    Manslaughter is the unlawful killing of a person but without malice aforethought. Manslaughter, therefore, has minimal moral blame as compared to first degree or second-degree murders. It has a lesser punishment than murder, but it also regarded as a serious crime (Berman Para 1).Manslaughter has two main variations namely voluntary and involuntary manslaughter. Voluntary manslaughter also called ‘heat of passion’ occurs when an offender is compulsively provoked or. when the offender kills due to the heat of passion caused by provocation. The heat of passion arises when a person had a reasonable time to calm down but instead killed intentionally. The offender’s moral blame is reduced due to the emotional…

  • The Effects of Decreasing Oil Prices on OPEC Creator States such as Venezuela Iraq etc

    OPEC was founded in Baghdad, triggered by a 1960 law instituted by American President Dwight Eisenhower that forced quotas on Venezuelan and Persian Gulf oil imports in favor of the Canadian and Mexican oil industries. Eisenhower cited national security, land access to energy supplies, at times of war. When this led to falling prices for oil in these regions, Venezuela’s president Romulo Betancourt reacted seeking an alliance with oil-producing Arab nations as a preemptive strategy to protect the continuous autonomy and profitability of Venezuela’s natural resource: oil (Perkins, 2005).As a result, OPEC was founded to unify and coordinate members’ petroleum policies. Original OPEC members include Iran, Iraq, Kuwait, Saudi Arabia,…

  • Do Judges Make the Law or Find it

    An older dimension of the ideology that judges do not make law is captured in saying that judges find or declare law but do not make it.2 The question of whether judges make law or find and the arguments relating to this question is hinged on the roles of the three major organs of the government. the executive, judiciary, and legislature. It is argued that the legislative branch of the government has the mandate of creating the law.3 Nonetheless, it is true that the executive branch can make the law through executive orders which operate as law, and so can the judiciary branch make the law. While it is generally…

  • Australian Law

    Legislative issues arising from the legislature are resolved in the high courts of Australia. The governor-general takes leadership roles in both the executive and the legislature. However, he does not have such power over the judiciary ((Chisholm Garth 2012, 140). This makes the judiciary part of the government independent from the other arms of government and this ensures that justice is served if the persons serving the other arms of the government misbehave. Court Hierarchy in Western Australia The highest level of the court hierarchy in Australia is the high court. This court deal with court appeal cases from the lower court bodies such as the supreme courts, the federal…

  • Racial Profiling by the Police

    Everyone must have experienced profiling at least once in his/her life, but primarily persons are targeted. Such profiling is exercised by people in authority including school administrators, security personnel, criminal justice and law enforcement agencies. Police profiling is a type of racism carried out by the police officials against the offender. It has been seen that this problem has been prevalent in even the most developed parts of the world and it becomes the main reason of discrimination against the civilians. The police department is considered to be one of the most influential departments in all the countries and, hence, racial profiling by this department can lead to many problems…

  • The Nature of Tragedy in Antigone is Unique and Profound

    It is hard to see how it could ever have been maintained, except by those whose minds were prejudiced by predetermined opinions regarding the proper functions of tragedy. The whole tone of the play is against it. Right from the beginning to the end the reader’s/spectator’s sympathies are enlisted on the side of Antigone and in favor of the belief that human law must give way to the divine promptings of the ethics.Midway through the play, the Chorus makes an appearance on the scene to announce that the tragedy has begun. His speech offers a meta-theatrical commentary on the nature of tragedy. Here, in an obvious reference to Jean Cocteau,…