Law Essays

It was a response both to the punitive and exclusionary policies of conservatism and to the utopianism of New Left criminologies. Distinctive Features Left realist criminology, as its name implies, is radical in its criminology and realistic in its appraisal of crime and its causes. It is radical in that crime is seen as an endemic product.

Sexual harassment is a serious issue, as it can have a lasting effect on a person's psychological well-being, their career, and their livelihood. This has been a positive step, as it has allowed people to work in friendlier environments without the intimidation and the fear of losing their job that once existed.

The Information Act 2000 also safeguards the basic right of the state and of the constituents against undue investigation and prosecution brought about by the information that could be accessed from the public authorities through the exercise of the rights under the Act.  It provides that the requesting party must state with certainty the information it seeks to know. 

The author states that most notably, the limit for a conviction for DUI was lowered from .10 to .08 percent blood alcohol content (BAC) which brought Pennsylvania in line with the guidelines established by the federal government. Another sweeping reform to the new law is found in its three-tier system.

Being highly influenced by the rapid growth of globalisation, organisations in the present day context often seek to expand their business operations beyond the national boundaries. In this regard, continuous growth and rapid transformation of the business strategies practiced by modern business organisations can be observed apparently with respect to their global trade operations.

The first chapter of the book introduces the main concept of the whole book by discussing some of the basic terms around which the theme of the book revolves. For example, it discusses the basic meaning of crime, the ways to control crimes, and the effectiveness of crime control. Apart from this, the chapter also includes a discussion on some key issues that are deeply associated with social science research.

It is essential to state that Evaporation, Inc. must exhaust all of its administrative remedies before proceeding.  That is usually the case with any administrative conflict.  The party in question is required to exhaust all of its administrative remedies before seeking legal action.  It is usually just a rubber stamp.

Alan passes the report to another friend, Brian, who needs a van for business purposes. Brian reads the report and, on the strength of it, buys the van. Later Brian realizes that there are defects with the vehicle that are not mentioned in the report and the van is not capable of performing the demanding business function. Brian incurs additional expenses in hiring a replacement van.

ASL agrees to supply an oven for the kitchen in Alan’s new restaurant in Castlerea. The oven is to be installed at the restaurant in time for the grand opening on 1st November 2008. Due to terrible weather, nearly all the roads leading to the restaurant are flooded. Under such circumstances, ASL decides not to deliver the oven at that time.

The present marriage status has been marked by changes in the economic and social status of the women, with changing economic conditions and the significance of the role of money in marriage. Joint ownership has been a common practice. This significantly brings in the importance of equity as a means of protection for women in society acting as a safeguard against emotional pressures and undue influence.

It is thankful that the testator has kept her residue clause simple. If there are any uncertainties surrounding the above provisions, then at least the residue will catch any failed provisions and stop the property from falling to intestacy. The residue is a clear subject and as far as the object is concerned, it looks clear to fall to Madonna.

The Consumer Credit Act 2006 amending the original act of 1974 seeks to rectify deficiencies that have led to the exploitation of consumers by the lenders and unequal or unfair relationships between them giving lenders undue advantage. The financial limit of £ 25,000 has been removed in keeping with the changing credit needs of the borrowers in a consumption economy.

In the given situation, it is clear that the consideration for the invitations is valid considering that it is real, not vague, indefinite or illusory, definite, valuable, legal, beyond the promisee’s existing obligation and it was not past. Hence, there was a valid and enforceable contract between Susan and TMD.

In criminal law, the state is portrayed as the bigger offended party than the plaintiff such that if a defendant is proven guilty the state metes out the appropriate punishment. It is different in tort cases, in which the plaintiff, whose more popular assignation now is “claimant,” is the victim of the alleged wrong.

Basically, the law is contextual; as it is embedded in practice and institution, and takes its substance from existing patterns of human demeanor and relations (Jefferson Powell, 1993). To an equal degree, the law is influential, meant to proceed with the human good of those it serves, hence subject to variation to achieve this end.

Most of Locke's ideas are expressed in "Two Treatises of Government" (1689), which consists of two books. In the First Treatise, Locke denies the Divine Rights of Kings doctrine, according to which men are not "naturally free". In the Second Treatise, Locke claims that civil society was created for the protection of property.

All students involved will benefit from the inclusive classroom. Teachers will find that the benefits will outweigh the problems. The most important factor in the success of the inclusive classroom is teamwork. Teachers and support staff must have training in order for inclusion to be effective.  Parents should also be included in the process.

The author states that the officer does not need a warrant to enter the garage to arrest the defendant. If the Officer has probable cause to believe the defendant to be armed and dangerous, these would be considered an exigent circumstance that merits a warrantless search of the garage to apprehend an armed and dangerous suspect.

Two decades of rising crime led to a gradual erosion of public confidence in the institution and demanded the use of innovative practices to meet the requirements of society. While the American police adopted the ‘zero-tolerance approach that continued to trend toward the use of force to keep the streets clean, the British police, gravitated towards the more liberal approach.

Both countries have decent human rights records that have met minimal international standards. However, after weighing and assessing the relative merits of the two regarding human rights structures and enforcement, I would choose the Netherlands

The author states that a question of presenting evidence in a way that is compliant with the due processes established by the law and consistent with Constitutional guarantees. The implication here is, therefore, that even if evidence of guilt is overwhelming, this is not sufficient for conviction.

The death penalty is often opposed on the grounds that, because every criminal justice system is fallible, innocent people will inevitably be executed by mistake, and the death penalty is both irreversible and more severe than lesser punishments. The supporters of the death penalty point out that lesser punishments can also be imposed in error.

Other crimes that make a notable entry with the effects of extreme segregation are murder and ethnic violence. The principal reason why robbery is being treated in this light is that segregation does institute certain effects that induce a criminal mentality that in turn sustains robbery, among other crimes.

When the night watchman claimed his wages the employer refused to pay saying that he had no work. The Court of Session preserved the EAT judgment that he has to be paid at least the national minimum wage rate for the hours he was at work. It was in the hands of the employers to render him with work.   

The Hague Visby rules apply to United Kingdom and several other countries. However, there are national laws that regulate its implementation. The rules states that parties are bound when they operate in countries that follow the Rules. In addition, they are expected to follow the rules if their contract specifically says so. However, some exceptions include waybills and charter parties.

The law was adopted first by the state of Florida and many people believed that this law would lead to disastrous effects. But it did not have a negative impact as many had thought and many states then followed in implementation of this law. It came to be realized with time that carrying firearms had a positive effect on crime prevention. There are many reasons for this effect.

One of the most important principles of the European Union (EU) is to establish a common market amongst member States as it enables the EU to compete globally with other giant economies, such as the US. A single market can be achieved only by allowing freedom of movement of people, services, and goods. 

At the moment there have been some interesting changes to Insolvency law in the EU and subsequently in the UK to give more power to the Creditor. The aim unlike other regulations is not to protect the consumer but to let the creditor maximize the collective returns to credit. In most circumstances, regime shopping within the EU is frowned upon.

The concept of collective bargaining is a ticklish issue the world over in democratic nations. It is not unique to Britain alone. However, Britain can claim the credit for doing more than anyone else to bridge the communication gap between management and trade unions although she has not fully achieved the desired objective of instilling goodwill and trust on either side.

Animal rights advocates have been campaigning for the proper treatment and care of every being other than man. One of the most popular advocacies is the crusade against the use of fur as a wardrobe that well-known fashion models have been supporting. It is also known all over that dog-fighting is highly discouraged.

Judicial Activism is the act of a Judge to decide upon a case on his own without referring to the constitution or against the public law. Judges are to abide by the provisions of the constitution and the common law, which protect the public interest. But, in very few cases, they are pressurized to protect the personal interest of a group of people. 

Stephen Lawrence was killed by a gang of white youths in 1993 at Eltham, southeast London. Although this gang was arrested on murder charges were framed against them. The Daily Mail, a national newspaper, published front-page stories accusing this gang of being murders and challenged them to sue it, which they never did (Black in Britain, n.d.).

In the trail court Mr. Evans was convicted of robbery and assault and sentenced for a seven years term. In the NSW Court of Criminal Appeal (CCA) Mr. Evans offered the defense that in the trail he should not have been asked to put on the sunglasses and also he wanted his father and brother to testify that that he were working on preparing vehicles at the time of the incident.

Conversely, unilateral contracts operate on the basis that one party promises to do something in return for an act of the other party as opposed to any promise. The essence of the unilateral contract is that only one party is bound to perform an obligation in return for the "reward"3.

These crime prevention programs have been formulated so as to finish all sorts of crime from grass root level whatever they may be. The need for such crime prevention programs has been since long but work on these programs just began about two decades ago.

Used both by the United States air force and the armed forces, the United States National Guards are federally controlled units of the state authorities under title ten and thirty two of the United States code.

In light οf the increased willingness among some nations to use such heinous practices, many have concluded that an international tribunal οf justice is needed. War crimes trials at the end οf the two great wars οf the century and the tribunals in operation in Rwanda and Bosnia are examples οf the need οf a permanent institution.  

The act of the employers may provoke the employees so that they may organize themselves to safeguard their interests by bargaining their needs collectively, through strikes or by other means. In order to avoid such strikes that may thwart the progress of the establishment, the employers may seek settlements.

The divided roles played by solicitors and barristers in the U.K. have put in question the need at all for the division. Until recently, there were 4,800 barristers and 44,000 solicitors in the U.K. There does not appear to be more room for barristers and fresh barristers are finding it difficult to get cases

One of the main institutions that carry out the tasks of EU is the European Council, which is supposed to act within the limits of the powers conferred upon it by the EC Treaty. Because the Treaty has set strict guidelines on the Council’s adoption of a decision, this becomes another area of frequent discourse.

The expressions used are: 'intra vires'- within its powers; and 'ultra vires'- beyond its power. Here the decision made by Architectural Academy would be amenable to claims for judicial review or not. And whether Julia, Arif and the Student Bursaries Foundation would have standing to bring a claim for judicial review.

The financial services industry encompasses a broad range of organizations that deal with the management of money. These include insurance firms, banks, credit card companies, consumer finance companies, stock brokerages, and some government-sponsored enterprises. In terms of earnings or number of employees, this business sector is not the largest category and is even considered a slow-growth, highly fragmented industry.

First, it serves to reunite families by admitting immigrants who already have family members living in the United States. Second, it seeks to admit workers with specific skills and to fill positions in occupations deemed to be experiencing labor shortages.

A contract is an agreement enforceable by law.  A contract is made between two or more independent legal entities, by which rights are acquired by one or more, to act on the part of the other.  It creates and defines obligations between the parties to the contract. All agreements are not necessarily enforceable by law, e.g. an agreement to build a house is a contract enforceable by law. 

The Court of Appeal reversed the District Court decision and concluded that the business method matter was a statutory subject matter. One can find this case law at caselaw.lp.findlaw.com/scripts/getcase.pl. The appealed decision is reversed and the case is remanded to the district court for further proceedings consistent with this opinion.

The Death Penalty in the United States was first introduced, in consonance with the federal law on June 25, 1790, with the hanging of Thomas Bird for murder in Maine. Since its inception, as per the studies on Capital Punishment, 340 persons including 4 women have been sentenced to the death penalty and executed under Federal Law.

 To make a charge stay currently requires to find the party guilty of recklessness or intent. Currently, intention is a central requirement of criminal law since prosecution requires the party to be found guilty of intent. If the party is found not to be guilty of intent a serious crime could be committed and the guilty party could walk away without punishment. 

Forced changes in contracts are invalid as has been demonstrated in Stilk v Myrick. In this case, a sailor claimed extra wages on the basis of a promise made by the ship’s captain to pay additional wages during a long voyage. However, the claim was not entertained as there was an absence of fresh consideration, because the sailor had not consented to perform extra work for the extra wages.    

Each member country has to obligate to all the requirements of the UN charter. This charter is an international treaty designed to protect future generations from the scourge and curse of war and written to affirm fundamental human rights.

The Ministry of Justice system brings us face to face with a deep tension in our collective understanding of human behavior. On one hand, we live in an age of cause and effect. Developments in social and behavioral sciences have taught us to look for social, environmental, genetic, chemical, psychological, or other explanations for behavior.