Law Essays

BITs typically contain an umbrella clause which is also known as an “observance of undertakings clause”. The umbrella clause requires the contracting states to the BIT to undertake compliance with the state obligations in relation to investors from the other state. According to Foster, umbrella clauses are usually the enabling clause for investor/state disputes arising under the BIT.

In Butler Machine Tool v Ex-cell (1979) 1 All ER 965, Lord Denning was of the opinion that the best approach to determining the existence of a valid contract between two parties was to look at the forms, to glean from the agreement as continuous passing of documents between the parties offers flexibility and enables informed decision-making in making of valid contracts.

According to the theft Act 1968, a person is termed as being answerable to theft if he appropriates another persons’ property dishonestly especially with an aim of depriving the original owner of this property.

The applicable law is the Carriage of Goods by Sea Act 1971 as well as the Carriage of Goods by Sea Act 1992 and the appended Hague/Visby Rules 1968. Any claims against Bushey Lines and Hadley Marine Ltd. are founded on the application of the Carriage of Goods by Sea Act 1971 and the Hague/Visby Rules 1968.

The British employment law, having been lightly regulated in the past has become heavily regulated of late. While it has been criticized by employers, who are concerned about its cost increment, it has been welcomed by unions and employees, who feel that it is more socially just and aimed at increasing productivity, and hence profits.

After reviewing such materials based on their validity and reliability, the author chose the more credible studies to include in this study. The author reviewed which among the essays were the high quality. After identifying the high-quality papers, the author then opted for these essays as proper resources for this paper.

The claim of Zehmer that he was merely drunk, and at the same time only joking (i.e., did not really intend to sell), is not sufficient to invalidate the existing contract. The complainants are entitled to the specific performance of the contested contract. The decision of the lower court is therefore reversed, and the case is remanded.

Compton vs Merlotte. The Court cannot hear the complaint for unfair dismissal because Bill is bound by the arbitration clause as provided in the Revised Merlotte’s Employment Handbook. The provision that “all disputes arising out of employment with Merlotte would be settled by binding arbitration” is valid and binding on Bill when he signed the waiver that he “understood and accepted the revised terms” of his employment contract.

Groszewski was found to have a level of 0.09, well above the statutory limit of 0.08. While at the hospital, a uniformed police officer was informed that a city employee was driving under the influence in an unrelated incident. The officer contacted Groszewski and his supervisor, with the former admitting to consuming two glasses of wine.

Positive law makes a remarkably different approach from the moral necessity law concept. The law should not be a demonstration of internal and external imperatives that should be obeyed, flowing as it does from philosophical and metaphysical essences and urgencies. Law is a social fact and the legal order is different from ethics perplexities.

Financial services refer to all the products (goods and services) that financial institutions offer to the public (White, 1991). The major players in the financial services industry of any country are insurance firms, savings and loans, mortgage firms, investment firms and banks. The main products that the above firms deal in are pensions, savings, mortgages, loans, insurance and investment options and credit card services.

A contract that embodies all such elements is called as a “Valid Contract”. It is to be noted that agreement and contract are two dissimilar things. They both consist of different fundamentals. given below are the essentials of valid contracts: 1. Proposal and acceptance: A contract is formed when an offer is made by one party, and it is accepted by the other party, agreeing in all for that.

These bodies act as stakeholders watchdogs. Their duty is to ensure that the board members together with the management play their roles without bleaching the terms and conditions. The research targets board members because they have manipulated the management in their favour. An ideal example of such a committee is the audit committee.

Corrections and Military Police in National Guard was the answer I got after asking what other law enforcement or related jobs the company offers. I asked him for how long he had been employed, and what his title was. He said it was since 2003 and current job was a Field Supervisor.

There are instances where statements made in the process of negotiation are confused as offers. Also, there are statements made as an invitation to treat which are not valid offers. An offer must be clear and without any ambiguities. In Gunthing v Lynn1, the buyer of a horse made a promise to pay the seller an extra ?

The law provides for the exclusive rights of an owner of a brand of products to apply the trademark, and prohibit others from using a trademark that is similar on their products. Nike Inc. is a sportswear company, whose sports equipment, apparels, shoes, and equipments are well known the world over (Smith, 2).

Public health ethical principles assure healthy conditions of people. Health can be affirmed as a physical, mental and social state of well-being. These codes of conduct guide the effects of work on the health of the community. Progressively the society demands denotative attending to health care ethics (Public Health Leadership Society, 2002).

These courts have the authority to hear limited types of cases. The municipal courts are not as formal as the Superior Courts, meaning the courts can only keep the records of trial temporarily. Nevertheless, some City Courts ensure that records of proceedings are kept permanently.

It is in this context that the minority shareholders were also observed to be deprived of several grounds by the majority shareholders that majorly included a prohibition from management participation and disproportionate share allocations among others. In order to deal with these sorts of issues or rather conflicts, certain remedies have been suggested by legal codes in various countries.

It is an act of organizing for or looking for committing any further crimes. A particular inchoate crime takes place when the planned crime does not get accomplished given that the policy of amalgamation forbids alleging both (Inchoate Crime Law and Legal Definition, 2012).

However, according to the blogger’s opinion, the associated federal prosecution of child pornography may have significant variation with the same charge linked with sexual exploitation of children in Colorado. These cases are subjects to broad range of interpretations, but what seems clear is the point that the internet has become one of the major platforms used for a vast child pornography and exploitations that are going viral on a fast pace.

The convention is superior to domestic laws because it is under the law-making body regarding human rights internationally. This is because the convention does not allow any high body to be above the law. Therefore, its sovereignty does not matter when it comes to convention articles and cases regarding human rights.

The employment at will is a historical approach. Notably, numerous criticisms emerged to oppose this doctrine in that it was seen as proving unequal bargaining power between employees and employers. Additionally, the employment at will employment also has harsh judgments that never favored employees. 

The English case laws and the French case laws have some differences when it comes to practice and principles. Penal codes and their implication in England differ from that of France. While the English code of laws holds that in the case when any sort of damage is caused to the victim, the victim could only apply to the English civil courts.

The case has ascertained that the Registrar of Criminal Appeals assigned F. J. Muller, Q. C. and Helen Paling to act as the solicitor on behalf of the appellants, Brian Dawson and Stephen Thomas Nolan. In a similar context, F. J. Muller and J. Evans were assigned to act as the solicitors for the appellant Ian Walmsley.

This development can be further propagated on a wider scale and thereby plunging states into darkness and dysfunction. Moreover, there is nothing that can be done to reverse the situation when this attack is exacted. The crux of the matter herein is that on one hand, most power plants use the same value systems and are designed in a uniform manner and are thus universally susceptible to attack.

The relation between the recommendation by the Leveson Inquiry and the operations of the Department for Culture Media and Sport (DCMS) is that the Inquiry reviewed the general ethics, ethical standards, and culture of the British media, before making recommendations for a new autonomous entity to face out the existing Press Complaints Commission.

The 17,500 law enforcement agencies of the country are trying very hard to achieve these objectives (Hudzik, J. 2010).The extent to which the United States criminal justice system has achieved these goals.

This has led to enhancements in the tools used to measure the risks. The new models are now often called risk assessment instruments which are used to measure the intensity and the magnitude of the dynamic risk factors. The dynamic risk assessment is a process by which the risks associated with several elements are evaluated and measured and minimized.

It was clear that, in those actions, the plaintiffs hunted for injunctive relief pursuant for the denial of their eighth and fourteenth amendment rights. This article will list problematic issues for prisons in the case and their solutions. This paper will also compare these problems with the current state of prisons.

Thus in the case in question, the common law is taken into consideration. In some nations, the dispute may fall under the federal doctrine while in the United Kingdom; there is the use of the U.K law to solve the dispute. This is especially when a member of the public is part of the dispute as seen in the case of Spiliada Maritime V Cansulex.

The notion of differentiated responsibility is aimed at promoting equality that is quite substantive between the developed and developing countries. It additionally aims at ensuring that the developing countries in time comply with the set legal rules, which will ensure that their efforts are eventually strengthened.

It is based on the representative constitutional democracy in which there are three co-equal branches of government. The basic foundation of this concept is the check-and-balance in governance so that no person or group of persons can manage to retain too much power to prevent any abuses.

In the face of increasing security concerns across the world, concerned parties have enhanced their efforts in strengthening the criminal justice system in order to control crime and improve public safety in society. Various strategies have been employed in controlling crime. Criminal profiling is one of the approaches that have gained prominence in recent years in controlling crime.

A study carried out by Cauffman (2008) considered common patterns of offending in girls and factors that may contribute to decrease or increase the likelihood of offending. In her findings, Cauffman noted that “female delinquents have a high frequency of mental health problems” (p.

The implied terms in section 13 of the Sale of Goods Act 1979, permit a buyer to reject the goods supplied if they have not been described correctly. However, the purchaser should have relied on the description of the goods provided by the seller, for this provision to be applicable. Moreover, the Sale of Goods Act 1979 enjoins that the goods supplied should not have any defect.

This word was included in the statutory formula to emphasize the gravity of compulsory intervention and warn the court that an order should not be made in trivial cases. Of course, the courts may indeed most likely decide that the child may be removed from the home until a thorough investigation can be conducted into how your son was poisoned.

Non-working spouses, particularly those who care for children, arguably contribute just as much, if not more, to the marital unit. They should be compensated accordingly. Moreover, the children, who often reside with the mother, also need some kind of financial stability. This may only be provided when the mother is awarded sufficient property.

For instance, it is Daoism is a Chinese religion that articulates crime and punishment in a cosmic dimension. Crimes are bad deeds or sins that individuals direct towards themselves, environment and others. The powers of cosmic balance mete out punishments thereby bringing the evil back to the doer.

The stress over human rights was laid more heavily due to the fact that the Second World War saw a more horrifying form of human rights violation, with people and especially civilians being butchered in every possible way imaginable. For this purpose, the United Nations puts more stress on human rights protection.

Kardasz (2008) has given an example of a statement of values from a code of ethics for a criminal justice agency and which is still in use by several law enforcement agencies. A law enforcement officer swears to serve mankind and to protect lives and property. In this statement, the officer swears to protect the innocent from deception, the weak from oppression and the peaceful from disorder or violence.

The case is presented within the jurisdiction of an international court of justice. Other countries have joined together to challenge oppose what they term as the annexation of the space country X. Joining them is country Y which may have the same interests as those of country X.

This group also owns and operates a restaurant. This means that they have the power to make major decisions in the company, and also take part in the day to day running of the business. They are not only the decision makers, but also the financiers. The main reason why directors and shareholder make decisions of a company is because they are key stakeholders of the company, and hence must ensure that their investments in the company are utilized appropriately, and in the best way possible, which serves their interests.

Focusing on a summary of the work, this paper also discusses the characters that are most to my liking and the reasons for such; and the way the author develops the key idea and the story as a whole. The paper then also proceeds to conduct an analysis of the key themes of the work.

The universal bar exams in America is used by only one state which is Missouri, the rest of the states have however indicated the desire to adopt this bar exam in their training of lawyers (Talamo, 2007). Some common bar exams that are used in most of the states include the Multistate Professional Responsibility Exam (MPRE) that aims to test the professional conduct of attorneys in their interactions with other attorneys, their clients and the courts, it is usually done three times of a year in almost all the states.

However, it differs from euthanasia, which envisages the “palliative treatment” to alleviate the patient’s pain and suffering and to hasten the death by administering drugs by the physician (2229). Similarly, it also needs to be distinguished from “withholding or withdrawing life-sustaining treatment” due to its infeasibility (2229).

The officer that collected the information from him had passed it to officials that had been continuing the search. The statements made by Williams were not admissible as evidence at the court during a trial, but the recovered body, the information from chemical and medical tests, and photographic information were admitted as evidence against him.

Land laws are useful in defining the right to occupy or own property, the right to occupy land or property for a set period of time, the right to drill oil deposits, the right to regain the property if not utilized for the right purpose, among others. This study will look at land laws in the Kingdom of Saudi Arabia and the United Kingdom and highlight the differences and similarities, which exist in the rules of land laws in the two kingdoms.

The ruling of Morrison V James Rome is based on the premise that a builder or contractor has a standard of care that he must attain. This includes the relevant rules and regulations as well as a conscious effort to avoid accidents and injuries. Where a contractor blatantly disregards this, that contractor can be held liable for negligence.

She had been kept away from the designation of Senior Vice-President owing to her increasing age and the aspect of disability. The company believes that with all these restrictions, she will not be able to tackle the challenges that are associated with the aforesaid particular designation.