Law Essays

The intention of such content in the books was not meant to make all religions equal nor have any of the religions perceived as dominant over the others. Rather, the intention was to create in the student the attitude of an ideal society, which tolerates the divergent views of others and keeps their principle beliefs and attitudes.

The middle approach, variably known also as the “median position” or “balanced approach”, embraces neither a restrictive nor an expansive interpretation of the umbrella clause; rather, it adopts as an analytical starting point the nature of the state’s behaviour which gave rise to the claim of contractual or treaty violation in the first place.

Kohlberg’s Stages of Moral Development in Thank You for Smoking (2005) Kohlberg’s Stages of Moral Development is a useful framework in understanding the spectrum of morality in Sacks and Reitman’s (2005) film, Thank You for Smoking. This paper uses Kohlberg’s stages to understand how people judge what is wrong and what is right in their own actions and the actions of others, which can differ sometimes.

It explores what determines the way that people act in a defined manner towards an aspect related to work situations. It delves into what makes people behave towards each other and how these relationships affect their behaviour. This chapter investigates and explains factors that influence and determine effort intensity in the work place and the direction of an individual’s activities towards achieving a personal goal.

MS have shown low levels of confidence and trust in each other. A critical analysis of the status of the FD shows that the future of the EAW will depend primarily on mutual trust among the Member States in law enforcement. MS must focus on harmonization based on the principle of mutual recognition as the central pillar of EU judicial cooperation.

It was argued that Conrad took away their money, which belonged to the shareholders. He took the firm as his own. He always dipped into the till to support life style which is lavish as the company suffered debts. It is argued that he had private deals involving selling the company’s assets for his personal benefits.

The proposal from the Commission is a great step towards refining insurance law. It is a great platform for reforming the insurance market. The reforms will make the MIA clearer and up to date with the modern changes. Non-disclosure, warranty, micro-businesses, and utmost good faith have been clearly defined in the reforms.

Historical records show that one of the oldest arbitration awards was given in connection with a commercial dispute in Iraq written in the Sumerian language. As well, arbitration was well known to the ancient Egyptians and the Greeks, who knew the arbitration agreement before the conflict occurred between the parties.

It is apparent that there are various opinions about euthanasia. Besides the cultural, social, moral, bioethical, and medical elements of such end-of-life subject matters, there are political and legal components to take into account as well. Many have gone through legal proceedings in an effort to resolve these problems legally.

Now, more than ever, the rights of the disabled are recognized and protected. The disabled have equal rights to go to school, and access education and are subjected to equal employment opportunities just like others. Racism has been rendered a thing of the past. Discrimination against individuals on the basis of gender is unheard-of.

The problem in this question relates to the development of the English Legal System and what were the different sources and characteristics of the legal system. Furthermore, the external elements and influences also need to be taken into account when answering the question.

This was implemented to make the test for granting interlocutory injunctions which restrain interference with privacy much stricter: the co-existence of the two provisions requires restrictions on the freedom of privacy to be justified. This provision has further sought to entrench the importance and existence of the law of privacy in the UK.

Despite this, the language of success has been used to refer to the effects of humanitarian military efforts and thus it continues to be a useful term when discussing the outcome of the intervention. Once the problem of the definition has been overcome, the conditions for success become more available.

The paper will argue that allowing law enforcers to bend the rules will herald a shift from restorative justice to retributive justice – where criminals are treated as scum of the earth, rather than human beings. Two concepts will be discussed: the fruit of the forbidden tree doctrine, and “outrageous government conduct”.

The remedy of the joined cases C – 6 and C 9/ 90 Francovich and Bonifaci v Italy is based on fulfilling specific obligations associated with the need to meet specific conditions with services or products provided. The case stated that there was the need to meet three conditions when delivering products or goods.

The organization is a production unit for many appliances, including wires, plastics, polymers, and electrical appliances. The company has its headquarters in Dallas Texas, and has its business offices in various cities and towns in the United States and also in India, China, and Taiwan. Riordan attracts customers from various industries

As such, and in the same light, I endorse that our hospital should hire the doctor with ground-breaking research on cloning and “spare parts” children. The board of directions might be prejudiced about this issue and justly so, what with the legal and moral and ethical issues being such of high controversy, but allow me to widen your perspective as to how this research will be good not only for the hospital but also for future of medicine and of mankind.

Clearly, it is not enough that Dr DoRight has reported the illegal procedures because this did not stop the unlawful practice. As such, he has not fulfilled his ethical duty, because his ethical duty is to ensure safe and sound healthcare provision to patients, which in this case would only be possible by stopping the illegal procedures.

The action may encompass availing assistance on occasions of dependant’s illness, injury or assault (Marsh & Soulsby 2002, p. 304). Dependants in this case apply to persons such as spouses, children, parents, or persons living in the same household as the employee.

Although inmates do not always have full constitutional rights, they have a number of basic rights that are protected and governed by both federal and state laws. For example, the 8th amendment of the United States constitution prohibits subjecting inmates to inhuman conditions as well as other forms of cruel and unusual punishment.

The author states that the CRA contract verifies and authenticates that the affair is voluntary and consensual. Similarly, the employers should append a copy of sexual harassment policy of the company to the contract to prove that the worker was informed of the policy and had the chance to report any unethical conduct by a co-worker.

On the disposal of land, capital gains tax may also be payable. Its determination is because the seller of land usually trades in land. If the seller trades in the land, no CGT is payable. In that case, the seller is subjected to tax under Part 3 of the Income Tax (Trading and Other Income) Act 2005.

According to this policy, a contractor/consultant is a representative of a firm under contract with the Agency or a person who has been employed by the agency on the basis of contracts. An offender is a person who is under the custody and supervision of the Department of Criminal Justice. The offender is usually locked in a private house.

The murder culprit can either burn the body or distort the body through cutting it into small pieces. The body could have extremely aged as the victim died a long time ago making it hard for anyone to identify the victim just by barely looking at the body.

History indicates that the economy prospered when income tax rates were low because individuals were not hindered or punished for involving in productive activities. Income tax is an impediment to economic growth as it causes inequality within the society and disempowers families.  Income taxes are typically volatile and usually fall steeply.

Discuss the different influences which impact on the reform of unlawful conduct Name Institution Date Discuss the different influences which impact on the reform of unlawful conduct In order to stay relevant in today’s constantly changing society, the laws need to be reviewed regularly and reformed where and when necessary.

It is essential to state that consistency is key to making good decisions. Notably, the driving force behind all decision-making is its pursuit. As observed by (Collins 2005), within the judicial context, consistency is elusive due to justices, cases, and the information atmosphere surrounding each case.

According to the paper findings the policy on immigration has to concentrate more on assimilation rather than on multicultural aspect. A backup plan on the immigration including the training of the immigrants to help them assimilate into American conditions has to be ensured. The danger of multicultural approach towards immigration has to be properly checked.

This paper will critically analyse the different aspects of the corporate governance practices in the UK and will compare them with those of other countries. The concept of corporate governance underwent tremendous changes over the last few decades, especially after the emergence of globalisation and associated industrialization.

Governments and religious organizations dictate the course of justice to the offended and the punishment to the convicted in society. There are various forms of justice and punishment applied by governments and religious groups. Different crimes require different punishments. Among such punishments is the death penalty. 

In the paper the relation between the FET standard and customary international law will be illustrated. The extent of this standard to reflect the international minimum standards will be shown in the light of states and tribunals practise and the elements of applying the FET standard will take place.

Today, terrorists are more organized, possess massive resources, and have better coordination compared to the past. Over the years, terrorists have mastered tactics of altering their identity, camouflaging their operations, and behaviour, and can now blend into any background. As a result, it has increasingly become difficult to prevent and deter terror activities, leave alone predict them.

Research has falsified the myth that most suspects are serious offenders, as Geoffrey Alpert, a professor of criminology at the University of South Carolina, states, “Most are deadbeats making stupid decisions to avoid being caught for not having a license or some offense that would be very minor compared to what happens when they initiate a pursuit”.

The criminal justice system of the US perpetuates and signifies racial discrimination, which constitutes a structural feature. It is clearly evident that there is a well-entrenched racial order in the US, wherein the possessors of darker skin are at a much greater risk of being subjected to economic, social and spatial marginalization.

In the first case there is a situation where an employee has been accused of stealing products from the store where he worked. The employee was thoroughly investigated and further legal counsel advice was sought, the union drew a conclusion that the employee had been accused falsely.

They should be more concerned with what the citizen does, rather than being concerned with who the citizen is. Such a concern should be replicated in the police behavior regarding the use of force towards the citizens.

It then looks at other people who oppose the idea opinions regarding the issue. These controversial issues also act in the defense of my opposition of the death penalty as a capital punishment. It then reviews the reasons why other people support it, providing evidence of its success.

In general, the courts in the UK do not have the authority to overrule the laws enacted by Parliament. Besides, no Parliament in the UK can enact any law or laws that cannot be amended, changed or abolished by any Parliament in the future. Though parliamentary sovereignty stands to be an utterly important principle in the UK constitution.

Thus, private law, unlike human rights law which is a part of the public law discourse, is calculated to regulate the relationships between individuals, organizations and corporations as private citizens. Some examples of private law are contract law, the law of tort, land law, company law, employment law and the law of equity and trusts.

The Time Charter Party is also called the Voyage Charter. It is governed by the general rules that bind the contract of law whereby there should be an offer and acceptance and that the two parties must have agreed on given terms and conditions.

The power under the breach of peace for arresting a person can be utilized to remove a person who has committed a violent act or is deemed to commit a violent act. There is also no requirement for an offender to be involved in physical violence or to have any previous criminal record. The Constable could arrest a person who could commit an act of violence.

The researcher states that civil order control refers to the management of civil disorders, which consists of initiatives employed to control one or more forms of disturbances caused by a group of individuals. Civil disturbances are usually a sign of or a type of protest against major sociopolitical harms t; the intensity of a disturbance coincides with the level of public outrage.  

Particularly, while the regulating of interaction among sovereign states relates to public international law, the governing of the freedoms, rights, and obligations of citizens of sovereign states in relation to their counterparts in other sovereign states directly relates to private international law.

A covenant between employees and their employers with the aim of preventing employees from joining a competitor’s business for some period and/or within a certain distance from the employer’s place of business is enforceable in a court of law provided the terms of the breach of the covenant are reasonable.

The reliance on these laws by the courts in the modern century cannot be compared to the past centuries back where courts had to rule at their own will on international trade cases. Even with many people against the powerless position of the courts, the positive side of this move cannot be overlooked. 

Due to his low financial status, he was incapable of hiring a lawyer. The court refused to appoint an attorney for him even after he requested stating that it was only to indigent defendants that it was obliged to appoint counsel to when it came to capital cases.

Mary Jones had been arrested several times before for public drunkenness, resisting arrest, possession of a controlled substance, felony larceny, and prostitution. The charge that can be lodged against Mary Jones is defined by San Diego Criminal Attorney’s office differentiated as it misdemeanor from felony as “crimes punishable by up to one year in local, county jail.

Generally, America is fighting against enemies with the intent of attacking the American nation whilst destroying people’s way of life.  American people are at risk from natural disasters like earthquakes, hurricanes, natural infectious diseases, and other fabricated incidences (Forest, 2006, p.120).

Normally, companies are held liable for actions or omissions by their officers or agents. This is because, upon their creation, they are considered artificial persons and separate entities from their owners. Since the ownership of the brewing company was transferred from Real Ale to Big Brew, the company bears several rights and liabilities.

The main way of maintaining peaceful co-existence of members within a given society is by establishing laws, rules and regulations against which law enforcement agencies use to apprehend offenders. Regulation is the legal framework set up by the government or any other ruling authority within a society that prevents and controls or restricts certain events or activities that may influence the society negatively.