Law Essays

Nobody benefits from an accused person being sentenced to a crime that they simply did not commit. The victim of the actual crime loses. Society loses faith in the system. The guilty are left free in the community to commit more crimes; while the innocent lose what shred of freedom they had on the outside.

In developed countries, corporate governance mechanisms are better and function independently. In developing countries, however, the corporate governance system is wanting.   The institutions mandated to carry out corporate governance roles are in most cases affected by external factors for example wealthy people and the government.

FOB contracts have provisions that govern the interaction between the buyer and the seller so as to facilitate a smooth transition of the goods and the risks factors that may affect the transaction. FOB means that the seller is to deliver the goods to the buyer at a designated port and load those goods into a designated vessel as instructed by the buyer.

When one share is owned by more than one owner, the use of equities associated with that share is suspended until a single owner is selected among the owners. The owner has to be selected within a given timeframe otherwise the share is sold and the account of the owners is credited. The partners are preferred over others for ownership of the share.

This essay shall also provide legal advice on the course of action Freegames may take against each party and its desire to recover the domain name freepcgames.co.uk. A critical analysis of the case will also be provided to present a balance view of the merits of each case.

HUMAN RIGHTS LAW RESEARCH: ADDRESSING HUMAN RIGHTS ABUSES IN POST GADDAFI LIBYA Question 1 A: Legal Alternatives to a TRC in Seeking Justice Human Rights Abuses The 2011 Libyan revolution was a form of armed conflict that occurred between 15 February 2011 and 23 October 2011.

Paris approaches Peter and says that she’d like to buy the vacuum. Peter explains that the vacuum cleaner is not for sale as it is a display model on loan from the manufacturer. Paris gets very angry and tells Peter that she will sue Everyday Electrics if he refuses to sell the vacuum cleaner to her.

This research study analyses why piracy along Nigeria’s coastal waters is so prevalent. Of particular concern is the prevalence of piracy in the Niger Delta, which is decidedly symbolic of the underlying social, political, and economic struggles influencing piracy and other forms of anti-social behavior in Nigeria.

Obviously, the law has known where to draw the line in many cases. For example, the law requires that religious practices strictly adhere to the criminal law and the law of tort. Likewise, a religious organization would be held in breach of contract should it renege on its contractual obligations on the basis of religious belief. 

Part one will briefly discuss the nature of the damages. Part two will discuss fraud damage types and calculability in three sections: compensatory damages and restitution, mitigation of damages, and punitive damages. Part three will examine and analyze the damages for fraud, and their related drawbacks under tort, contract breach, and 10b-5.

In this case, the term in question – that the car can never go over fifty miles per hour – is not only an unusual term for a moving company but an onerous one. Most people will drive over 50 MPH, and most highways have higher speed limits than that. To ask somebody to drive under the speed limit is not reasonable.

Beatrice is the wife of John, managing director of CG; it falls under facility received from a connected person. CG under liquidation can avoid some floating charges under section 245 of the IA, 1986 if a floating charge is created within two years if it is received from connected persons, which can be declared void against the liquidator of the company.

The oral promise must be "definitely made in contractual sense (Ibid). Applying this in the given case, Narni was not able to comply with the requirements stated above. For one thing, because of the presence of consideration in the form of interest, it can no longer be considered promissory estoppel.

Contrary, non-residents do not lie under the similar jurisdiction but in majority of the cases, non-residents are liable to pay tax for the income earned from the country under consideration. Residence for individuals is attained after residing more than 183 days of the income year in the country in question.

Another issue that has also been identified in staff meetings and discussions within the department is the staff's unhappiness with how decisions are made within the department. It is their expressed perception that the system of decision making within the organisation is top/bottom.

On the other hand, it is argued that financial market regulation imposes significant costs to an economy that outweighs the benefits (Benston, 1998).It has been argued that the inappropriate regulatory measures combined with many other factors have resulted in the recent economic crisis

Marine Insurance enables an entity or a person to be indemnified in respect of any loss caused due to the damage to one’s ship or cargo etc, by an accident which is always a probable threat in sea voyages. In the given case, the loss is caused due to damage to two ships, a pier and 20,000 tonnes of cargo each belonging to different parties.

The concept behind punishment is to decrease the likelihood of people committing crimes by attaching a cost to them . In the case of incarceration and execution, there is an additional benefit of removing the criminal from society for a certain period of time or indefinitely.

These proposals, however, will still affect both the employee and the potential employer. For the employee, the suggestions cast doubt on his/her calibre, which may make him/her less preference for the job vacancy. Furthermore, references are kept away from them, and as such, they have no clue on what is in the reference envelop.

Use of Force Policy in New Jersey The policy of the use of force has both its advantages and disadvantages. This paper is an evaluation of the force policy currently applicable in New Jersey. It will begin by describing the force policy, which can be divided into two parts; the policy governing the use of lethal force, and the policy governing the use of non-lethal force.

On February 1992 in Albuquerque, New Mexico, Stella Liebeck bought Mcdonald's coffee from the drive-through. While she was opening the lid to add creamer and sugar the coffee splashed on her lap causing a third-degree burn. It took two years for Stella Liebeck’s injury to heal completely. Stella Liebeck sued Mcdonald's for the damages.

The authors collected self-reports, secondary sources, and official data from the police, schools and social services. The self-reports were collected by interviewing the respondents nine times, data from secondary sources were collected by interviewing the respondents' parents eight times, and official data were collected from official sources.

Adam took what seemed outdated in trade and commerce then used public policy and his wisdom to re-state all these facts into complete, fresh, and new principles that people use fruitfully centuries later (Smith, 2010).

The magnitude of some of them depends on what the offender did, and how they did it. The law enforcement agencies protect people of whichever part of the country they represent. However, what happens when the same people supposed to be protected do not seem to understand the purpose of a law enforcement agency?

When the Parliament Acts of 1949 was enacted, it served to amend the Parliament Acts of 1911, by reducing the duration the House Lords could delay Bills from two years to a one-year period. 3 The two acts are important legislations, in that they limited the powers and the privileges wielded by the House of Lords and sought to give the common person more powers through the empowerment of the House of Commons.

Tanking regulations subject banks and their clients to certain guidelines and restrictions in the manner in which they conduct their businesses. The necessity of banking regulation, control, and standardization is emphasized by the interconnection the banking industry has with the other sectors of the economy.

This thesis was largely based on the assumptions of the philosophy of legal positivism which argues that the validity of the legal processes is always a function of the particular social systems that regulate the behavior of the members of the society. In Hart’s view, all societies have their unique legal systems which have their own criteria of judging the legal validity as well as provisions of adjudicating and changing the law to achieve justice.

WHERE THERE IS AN INVASION OF PRIVACY BY THE MEDIA, AN ACTION IN TORT IS REALLY ONLY AN OPTION FOR THE WEALTHY. CRITICALLY DISCUSS. Over the years, application of tort law relating to privacy in the UK has proved to be confusing despite the law being fairly simple.

Generally speaking, when there are optimal opportunities in foreign markets, organizations breaking geographical and economical boundaries will enter those countries.   However, before or during the entry, various factors in those countries will facilitate as well as impede the organization’s entry.

Product liability law is a division of tort law which seeks to a cause of action against the product’s manufacturer, seller or designer in situations where a person is injured by the product. Over the years, product liability law has shifted the liability arising from an unsafe product from the consumer towards the seller in order to safeguard the consumer.

It is imperative to acknowledge the cultural, political, social, and historical facets of the Chinese legal tradition. Chinese present legal system reveals a lot of influences including the Chinese culture and deeply rooted philosophies of classical China such as Confucianism and legalism. Confucianism has attained a great level of consensus.

In accordance with the Sixth Amendment, a suspect or defendant only has a right to obtain counselling services when he is being prosecuted for charges levied against him. In the case of Brewer v. Williams, the judge ruled that a suspect is entitled to have an attorney while the proceedings of the case have been started against the suspect.

Andrea can argue out her case and appeal to the reasoning of the court to allow her a forum that will enable her to explain what she meant by the “colored arm”. She can explain that the term “colored” could have been used to denote a type of garment color that had been worn by the thief at her friend's house.

The memo will follow the following steps in its preparation:- analysis of the audience, this is looked at in terms of the priorities and concerns including how important this memo will be to the audience. Secondly, the heading of the memo is written down showing who has written the memo, date and the subject matter addressed.

The act makes it illegal for all public bodies to take any actions or decisions which are in contravention to the European Convention on Human Rights.The only exception to this is Parliament, because it has the legislative capacity in the United Kingdom, and should, therefore, remain sovereign

The cases resulting from challenging the reasonableness of the clause will be cut down as provided for in S11 UCTA 1997. Regus (UK) Ltd, a service-providing company, provided accommodation to Epcot Solutions Limited a company that specializes in Information Technology training. With the terms and conditions of service being directed by Regus, Epcot Solutions Ltd is expected to be given the best service as the contract form outlined the same.

This was after Casey finally admitted she had no idea where her daughter was, although, for the past one month she had been claiming Caylee was with her babysitter, Zenaida Fernandez Gonzalez. This lie was later discovered since Caylee never had a babysitter by that name.

Respecting the individual autonomy, the medical law has presumed that the adults have a capacity or competence to decide for themselves as to whether they consent for the medical treatment or refuse it. Their decision can be made regarding their medical examinations, investigations, procedures and treatments and this decision is responsible and respectful so it must be fulfilled (Hope, p.

Marijuana and Prostitution This paper has been divided into two parts. The first part discusses the legalization of prostitution, and the second part of the paper discusses the legalization of marijuana. Prostitution has been the oldest profession in the world.

The employment rights act of 1996, section 1 (1) denotes that an employer has to provide a statement to an employee concerning the particulars of his or her engagement with the named employee. Section 1 part 2 of the same act denotes that the statement must be in written form, and an employer can give such kind of a statement in installments.

In the constitution of the United States, the Eighth Amendment deters the federal government from imposing cruel and unusual punishment for federal crimes. The states cannot institute such a punishment because of the due process clause of the Fourteenth Amendment, and most states are against such punishments.

The chicks were supplied by the appellants (Steggles) whose processing plant was at Beresfield. When chicks had grown, they were picked and paid for by the appellants. The respondent was one of the growers who filed a representative suit claiming breach of clause 7.4 contract and sought damages arising out of that breach.

Compstat is a computer-driven crime statistics originally used by New York Police Department as a crime control management system. Unlike the conventional model of police management, CompStat is based on a geographically correlated management system whereby commanders are allocated precincts and districts in which they are individually held accountable.

Pennington v Waine EWCA CIV 227 [2002] is not a credible decision. The principle of unconscionability is too vague to make good law. This discussion seeks to analyze the facts of the case and how they are related to the concept of unconscionability. The analysis will further investigate the factors that qualify the concept of unconscionability to be vague, and thus not a good law.

Legislative action on eyewitness error and wrongful conviction. Undeniably, numerous cases have prompted judges to pass incorrect judgments on defendants due to the absence of adequate information. This is because of poor methods of collecting information and to some extent ignorance on the part of law enforcement officers.

II. Introduction. A. Introduction of the topic of Police Corruption & Violence. B. Introduction of the topic of Correctional Facility Violence. III. Police Corruption & Violence. A. Causes of Police Corruption & Violence. B. Types of Police Corruption & Violence.

There are certain universally accepted immoral acts and wrongs, with sexual assault being one of the most severe ones. Sexual assault refers to rape or sexual violence, including unsuccessful attempts and intimidations. Rape is sexual activity involving actual or attempted penetration, including anal, vaginal and oral, of a victim against his or her will.

This chapter will look into various forms of international petroleum agreements to observe how they have been implemented throughout the world and in Iraq’s case. Given the fact that Iraq changed regimes, the international petroleum agreements binding it internationally also changed. International petroleum agreements would be discussed only in enough detail to allow an appreciation of how they apply in Iraq’s case.

It is evident that in the absence of state-aided measures, global relationships can be negatively affected. In as much as the subsidies provided by the states are legitimate in fostering business and development, care should be taken to promote peaceful coexistence between states which is equally substantial for business.

The National Weather Service had issued an advisory that Katrina would turn towards New Orleans-Biloxi. Louisiana State University Hurricane Center had warned of ‘leave overtopping for west New Orleans (Cooper & Block, 2007). The storm surge was more than 20 feet high and the death toll was estimated at 1,836 people.