Law Essays

The issue of divorce does not only entail the end of a marriage or union between the two individuals involved, but also other relevant and complex legal issues such as the sharing of property, the custody of the children, the financing of the children’s lifestyle, among other fine legal details (Virginia State Bar, 2013).

This is because the company has to abide by the postulated regulations as per this Act to raise funds from the country and outside the country. Green Coffee Company Limited a Fair Trade and Rainforest Alliance certified company, thus it has earned a significant extent of goodwill over the years (Rainforest Alliance 2013).

In global development, there are many problems facing transparency in public procurement, where not a single public project is unaffected, thus the need to ensure openness and look into factors and consequences of transparency in public procurement.

The Parliament Act of 1949: The Act was an amendment of the Parliament Act of 1911 that sought to reduce further the powers of the House of Lords. According to Gillespie, the 1949 Act reduced the delay period of the House of Lords in blocking a bill from enactment from 2 years to 1 year and 2 sessions; such that a bill could be passed after the second defeat.

Euthanasia admits of the classifications, voluntary, non – voluntary, and involuntary (Gupta, et al., 2006). The ancient Greeks and Romans had frequently permitted their citizens to undergo euthanasia, in order to circumvent unending suffering. Such deaths were widespread, with a modicum of resistance towards them. 

Stein received the letter and offered a salary of $300,000 per annum on the telephone. This was clearly rejected by Doe. Stein then drafted a letter and letter in which he stated he was not interested in hiring Doe. Stein later changed his mind on the same day and sent another mail by express mail where he accepted Doe's terms and expressed the wish of asking Doe to accept a lower salary. 

The main issue that arises is the income tax being payable in one case and exempted in the other. Why Dixon’s income is assessable but Scott’s income decided to be a gift? Taxpayer Scott was employed as a clerk by a firm, which was a shipment agency. His annual salary is 250 pounds and is declared taxable by the taxation commissioner.

Radhakrishnan seems to be in agreement with the opinions expressed by Major-General Patrick Cammaert. According to Radhakrishnan “Sexual violence, including rape, is a powerful and cost-effective weapon and tactic of war that has been successfully used to terrorize, dehumanize, and break down individuals, families, and communities”. 

Proof of these elements can be done in writing but in other cases, contracts can be by conduct or orally. Whenever a breach of contract occurs, damages for compensation are awarded either in the form of specific performance or money that is enforced by an injunction (key facts about English contract law 01).

There are various sources of European law, which are based on the type of laws in question. The first type of European law is the primary law, whose source is the treaties establishing the European Union that have been enacted by the member states who are state parties to the European Union (Allan, 1997:445). 

The fundamental role of a judge is to preserve an independent judiciary, by applying both the rule of law and the fair application of the law to all, regardless of the religious, social, political, or the economic status and affiliation of the accused (Hasday, 2000:27). 

J.B. Gilbertson was a resilient person. He never wanted to back off on anything once he started it. This is information that would be provided by a number of people including his beloved wife. His wife, Merritt Gilbertson, would tell you that J.B. was hardworking and ambitious.

The dismissal was conducted in accordance with the terms in the contract, including providing Abe the right of appeal before the dismissal. However,  Abe’s dismissal might not have been fair considering it was subsequently discovered that Bruce was the thief. The relevant law applicable to this scenario is the law on unfair dismissal. 

The description of the good should be accurate and if the goods do not match the description the buyer is entitled to a remedy. This implied term only applies to goods sold solely by description and does not apply where the buyer inspects the goods before the purchase. In Harlington & Leinster v Christopher Hull Fine Art, the buyer obtained a painting for £6,000.

According to the privity of contract doctrines, it is only the individuals who are involved as parties in any particular contract that have the authority and ability to take action so as to enforce it (Koffman, 2007). According to the doctrines, the third-party scheduled to benefit from a given contract cannot claim damages if the promised befits are not forthcoming.

There have been many cases in the court regarding misuse or copying of trademark by other companies as a means of completion from other companies. In reference to the case of  Koninklijke Philips Electronics NV v Remington Consumer Products Ltd,  the plaintiff was disputing the originality and registration of the Philips trademark.

Incapacitative sentencing endeavors to protect the citizens from future offending by the particular crime being punished. The criminal is not sentenced because of the conviction offense, but simply according to predictions as to his or her chances of committing the offense again. 

Additionally, the new law aims at updating the law in order to keep pace and up to standard with the advance in technology in the business markets. The new law will enable the consumers to understand their business rights and business burden from additional costs of staff training, prolonged business disputes, and seeking legal advice reduction.

She was restricted to do any practice of nursing at school because of some incident in which, she was already involved. However, she qualified as a nurse, so her act comes under the category of medical negligence. Medical negligence can be described as negligence that results in harming any individual physically or mentally because of the negligence of a medical person such as a doctor or nurse.

The industry of human trafficking is the most popular resource of enrichment of criminals and unlawful organizations. Financial reasons became the cause of different crimes and violations, concerning this sphere of human life. Wars, massive disorders, and fights in the country is the best environment for the development of human trafficking. 

The Knock and Announce Rule has exclusionary rules that enable the rule to be easily applicable. Basically, the exclusionary rule is denoted as a rule that requires the suppression of evidence that was seized by authorities in contravention of the Fourth Amendment and other constitutional provisions.

Hijab is the way you carry yourself, the way you talk, the way you walk. Hijab, as a matter of fact, is a whole way of life and hence an attitude in itself. For those who are non-Muslims, Hijab is mostly associated with a modest way of clothing that is worn by Muslim women. It is also called the headscarf and it is one of the most noticeable things of Muslim women. 

Once the parliament has made the laws, the judicial arm of the government has the responsibility of applying the statute in cases brought in court. However, some of the laws made by parliament sometimes pose a big challenge to judges, especially where the statute law is ambiguous, has an error, or failed to factor in unforeseen developments (Solan 2010, p. 21).

The Syria uprising that started back in 2011 has, however, threatened to shred the country into pieces that may make centuries putting together. This paper seeks to discuss the war in Syria and look at how the use of force on this country may help to bring the country back to its peaceful era.    

The Marine Insurance Law states that any carrier must facilitate a vessel that is capable of carrying out a voyage. This is a condition that must be fulfilled to avoid losses. Compensation will only be guaranteed when seaworthiness adheres to all the times. A ship is said to be fit if it is in a condition that the owner can allow it to take a voyage.

However, the underlying difference between an invitation to treat and an offer leaves some uncertainty as to which and when a contract is legally binding. One must be in a position to determine whether an offer or invitation to treat exists. According to Helewitz (2010), a contract is considered to be valid and legally binding.

This definition covers both criminal and civil unlawful behavior. In criminal law, the litigation is always brought forward by a specific prosecutor -the state (in the name of the Crown).  However, in civil cases, the circumstances are a different in that, the lawsuit can be initiated by any legal private party who is normally referred to as the claimant.

On one hand, the law stipulates that it is the duty of health care providers to give information to their patients when obtaining consent and also warn them of any possible risks that are likely to be encountered during the treatment or medical procedure. 

According to the actus reus doctrine, the law requires a demonstration that the criminal activities like murder occurred due to voluntary act and omission. In this case, the criminal act like the death of Leone requires that Janet be criminally responsible for her voluntary conduct.   

These categories require to be maintained frequently so that they do not become large. Statutory laws contain few articles and contain subcategories mainly. These subcategories include statutory law by country, statutory law by topic, list of legislation, proposed laws, treaties, legal codes, and statutory laws by the legislature and statute stubs.

Tesco is located on the ground floor. To run any shopping mall, there are risks involved.  Tortious law concerns civil law. It deals with circumstances where one has to suffer loss or harm. Such an action results in legal liability for an individual who conducts such a tortious act. Such a person is called a tortfeasor.

When applying for life assurance, the party seeking life assurance should reveal all personal information that is important to the contract such as previous medical problems they may have had, the current medical conditions that they suffer. The insuring party should also disclose and explain clearly the crucial information regarding the contract including the terms and conditions.

Duress can be exerted on individuals, on property and duress can be economic duress. A contract that is entered into between parties under duress is voidable, which means it is valid until it is held as illegal by a court and the aggrieved person can rescind the contract if there is duress.

Clearly, there was no notice that cautioned Nigel. There were no life jackets nor lifeguards to help. The issue is to ascertain whether the authorities of Dartford Sea World was negligent or not. Also, there is the need to ascertain if Bartford is responsible for the injuries on Nigel and will be liable for damages.

The drafters of the constitution were also aware that one arm of the government can sometimes abuse its powers if there is no institution in place to check its actions. As such, they ensured that even though the three arms of the government are free to discharge their mandates without interference; one arm of the government was vetoed powers to check the actions of another to avoid abuse of powers. 

Phoebe Farmer to pay heed to his requirements. The issue faced by the client was that the assistant did not respond to the calls and avoided him. As a result of the avoidance, the solicitor failed to appeal to the Default Judgment regarding the debt recovery matter for Mr. Wallender, against the client who failed to pay the Central Heating cost.

It requires the knowledge of the national dominant language plus culture, and the promise of the applicant to obey and follow the country's laws. For he or she has to meet the requirement of taking oath or pledge. However, some countries are not in favor of enjoying the benefit of dual nationality by an applicant. 

It also occurs when somebody does an act which a reasonable person will not do under the prevailing circumstances. Proximate cause occurs when the plaintiff incurs injuries as a result of negligent actions of the defendant and the injury must have been a natural and probable result of the conduct.

Although Bill was rightly captured on Camera for having taken someone’s property, he did not have the intention to deprive the owner of his property as upon realizing he had the property he dropped it and left the premise without it. On the other hand, all suspected crime offenders (Bill) have the right to be told the grounds on which their arrest is based. 

The Human Rights Act 1998 came into effect in the year 2000 in the UK. It can be apparently observed that the Act constitutes a sequence of sections that emphasises protecting the fundamental rights of the UK citizens as per its national constitution. Specially mentioning, the aforementioned Act generally sets out certain fundamental rights along with freedoms to the legal citizens of the UK.    

The court ruled in favor of Clinton because his condition could not allow him to be judged in a court of law. The defendant could have also signed the agreement without clearly understanding what it meant. All the citizens aligned in court have a right to receive mental treatment before they are tried.

The Australian Constitution provides for separation of powers between the central government and state government. Section 51 states that the Parliament shall respect laws and judicial decisions of all Commonwealth states. The Commonwealth parliament must therefore not make laws that undermine state laws.

The sales contract, in this case, involves the buyer being Albert and the seller being Bobo shopping mall. The contract is created where Albert decides to buy the drier from Bobo and in this case, the two parties become bound by the contract. Both parties should ensure that they become aware of the terms governing the contract that they enter into.

The following essay will focus on two organizations, Stony Brook University and Suffolk County council, and their ways of countering potential risks. In Stony Brook University, the essay will majorly look into the general security and safety measurement the institution has during winter for the general safety of students, faculty, and staff.

On the other hand, a business takeover occurs when the ownership and control of a company are ultimately transferred to a new business entity (Spadaccini, 2007). Takeover arises when the overtaken business becomes insolvent. Business insolvency can occur when a company makes persistent losses as compared to profits.

The judges’ tasks include sitting down and analyzing points of law and understanding the meaning behind these laws. When the Parliament passes an Act, this means that they have put into place a new law that has to apply in that particular country or area. When someone breaks this particular law, they are summoned to the court of law and eventually will have to answer to these charges.

Schools are known to be safe environments from ancient times; the security of the school might deteriorate in moments of an active shooter incident, leading to the tragic loss of lives. An active shooter is a word used by law enforcement to define a condition where shooting is ongoing.

The TAT anticipates an all-inclusive valuation and organization strategy that contemplates the numerous characteristics of the possible threat to human life—educational, residential, and community. In addition to putting emphasis on threats and signage, the TAT valuation comprises a varied general study of varying and applicable behaviors.

Various criminological theories have been advanced to explain the causes of criminal behavior, but modern criminologists combine aspects of psychology, sociology, biological theories and anthropology to advance their explanation on the causes of crime. The rational choice theory outlines that individual offenders make an autonomous rational choice to engage in crime after considering the cost and benefits associated with the crime.

This is due to the reason that they end up directing their attention and resources towards improving their environmental security, which exhibits a lot of uncertainties. The high levels of insecurity have made the world’s nations recruit more security personnel; police and armed forces, to inhibit the high levels of security threats.