Law Essays

The United Nations has attempted to implement an international rule of law, however, it has not been entirely successful. The reasons why it is difficult to implement are manifold. One reason is that states traditionally have sovereignty, explained below. Another reason is that the UN operates with a system of treaties, and these treaties often have overlapping and contradictory provisions, which are difficult to reconcile. 

By being with the EU, the UK observed its legal authority has ever dwindled. The current happenings demonstrate that if at all, the UK wants to demonstrate its Parliament’s supremacy, it has to liberate itself from the clutches of the EU, the prospect for which under the present or predictable future political development, appears to be blinking.

The principle controversy springs from the fact that the law gives both the state and the people the privilege to practice it. Taking a scenario where the opposing parties involve a private party against the state, the state is more likely to be favored. The contentious issue addressed includes whether the courts should unanimously make a decision on the position of private parties against the state in regard to the tenth amendment.

A system of criminal justice in a nation-state is made up of three entities. These entities are normally a faction of interdependent entities that end up forming a collective body. The three entities are the legislature, executive, and judiciary. The criminal justice system in England and the US will be evaluated and compared.

However, the Systems Management infrastructure combines both, allowing for shifts to be made when one part might need to dominate in order to get the job done. In retrospect, the first two systems cannot function alone and attain success. The Systems Management infrastructure combines the best of both to provide the best-rounded style of management for all parts of the Justice System.

Also, this significant aspect i.e. execution of advanced technologies has been able to ensure the making of greater law enforcement efforts especially in investigation and prosecution of crime in an appropriate manner. On a different note, technological advancements are also opening grounds for increased amount of criminal activities.

Takaful insurance described in this essay is based on the principles of Islamic brotherhood that promote common interest and solidarity. Both parties share the responsibility with a sincere intention to help the other party in his/her difficult time by paying the predefined loss from the predefined sum.

A ban on the wearing of items of clothing and other symbols of religious significance is proportionate due to the democratic values that such a ban protects. Introduction Since the beginning of twenty-first century, increasing number of European countries are facing dilemmas arising from the use of hijab (headscarf) and the burqa or niqab (the full veil) by Muslim women in public places and social institutions, like schools and colleges.

It is a Delaware Corporation that has plants situated throughout the U.S. and in China. It employs 550 people and has projected earnings of over $46 million. As a huge MNC, Riordan is exposed to numerous risks and legal liabilities in various forms. As part of its corporate compliance, it has to ensure that all the legal risks and liabilities are taken.

Deviations could range from the harmfully disruptive to mild annoyances depending on the individual action taken and similarly the reasons behind these deviances can also range from sense of dissatisfaction, social injustice, personal preferences, as a means to achieve your needs beyond the limitations of your social stature or a conscious act of rebellion.

Cross-examination on the complainant’s sexual history with others was permitted if the judge was satisfied that the defendant would be unfairly prejudiced otherwise. Sections 41-43 of Youth Justice and Criminal Evidence Act 1999 now restrict cross-examination in rape or sexual assault on the complainants’ sexual behaviour unless leave of the court is granted.

The kidnapper Phillip Craig Garrido was later arrested together with his wife Nancy Garrido and charged with the offences of kidnapping and sexual assault. On the April 28, 2011, Garrido and his wife pleaded guilty to kidnapping Dugard and sexually assaulting her while in captivity.

According to the paper not only can poor operating standards expose employees to such hazards, but the sexual harassment creates discomfort in association with bullying employers, supervisors, and co workers, which may end up lowering the self esteem, sense of security, and the general job performance of an employee due to emotional stress. Due to these associated effects and need to uphold morality in workplace, the governments, labor industries, and business units have made efforts to prevent work place sexual harassment through the established laws, legislatures, and code of ethics.

Domestic violence can be defined as “any act of gender-based violence that results in or that may likely result in physical, sexual or psychological harm to the women including the threat of this kind of activity occurring in public or private life”. It was a common non-statutory definition to describe domestic violence in couple marriages.

The author states that it is important to differentiate between commercial arrangements, where there is said to be a presumption that the intention of the parties is to be legal unless expressly stipulated by the parties. Contrary to that in respect of domestic arrangements, the element of unenforceability is present on the basis of public policy.

A Lease of property is an example of a business contract. Contracts create an obligation of doing or not doing particular things, and they are important to the community because they facilitate cooperation and trust. Business contracts are one of the most popular legal transactions that people get involved in when running businesses.

Trochim explains that “evaluation is the systematic assessment of the worth or merit of some object.” This means that in the evaluation of a policy after its implementation, there is a conscious effort to identify if the policy has been of any help to the people for whom the policy was made.

In addition to being protected from unsafe and unsanitary conditions, workers are also protected from discrimination. In particular, workers are protected from being discriminated against based on their race, sex or disability. For instance, workers are protected from discrimination based upon disability by the Americans With Disabilities Act.

The firm went ahead and bet against the then low value CDOs. This it achieved by lying to investors by telling them that the CDOs were high-quality. When the CDO market later collapsed, many investors lost billions of dollars and banks were left with hefty loans to pay, loans that also included real estates and CDOs.

These interventions are largely focused on introducing community correction measures that would promulgate healthy behavior in the convicts after their release. The conception itself has given rise to a major movement called ‘what works’ movement. The four fundamental principles acting as a foundation of this movement are risk principle, need principle, responsivity principle and fidelity principle (Braucht, 2009; Cook, 2006; Robinson & Crow, 2009).

In the People of the State of California vs. O.J. Simpson case, the burden of proof comprised: (a) the 9-1-1 call that had been made and a history of Simpson’s violence against Nicole Brown; (b) the hair evidence which was consistent with Simpson’s hair which was found on cap at Bundy residence and on Ronald Lyle Goldman’s shirt; (c) fiber evidence in the form of cotton fiber which matched the carpet found on a glove at Rockingham and also matched the carpet from Bronco at the Bundy residence; and (d) blood sample, among others.

NW, Washington DC, 20015. Jessie Smith and Jonathan Blake run a catering business in the Smiths' basement. In response to a call from a neighbor concerning noise emanating from the Smith house, the police went to this house. As the police approached the house, because of the size and proximity of the front picture window, the police were able to observe that the defendant was smoking marijuana with his friends.

The name was often used as a pet name. The other employees in our department then picked up the same and the employee the name was the order of the day. The employee has now brought a claim for sexual harassment under the title VII of the Civil Rights Act of 1964; This paper seeks to look at sexual harassment in the workplace under the above title, and the provisions that cover offensive language that amounts to sexual harassment in workplaces.

Federal reform raises questions as to the separation of power and federalism concerns. Tort law is mostly state law, made and modified. In the current environment that is resistant to government control over federal health care, an approach to medical malpractice reform that favors centralism is precarious politically. 

This paper examines an important concept of Judicial Independence, which is intended to afford judges the liberty to make decisions without demands or enticement parties affected by the judicial process so that they are able to resolve matters without being forced to later defend the decisions they make.

The Civil Partnership Act 2004 came into force in December 2005 as well as the Adoption and Children Act 2002. The Amendments of the Children Act 1989 also came into force in 2005 as well as the Gender Recognition Act 2004. Each of these additions to Family law is an indication that legislators are intending to improve the institution of the family.

Johnny Juneau must be an unfortunate chap.  Aside from not making much out of his life, he is now facing serious criminal charges of which he does not have the intention to commit.  The charges hurled against him ranged from the possession of the nutria, theft of the gas, and the murder of the neighbor and faces long if not life jail term if convicted.

Belonging to certain gang is not against the stipulated law, so an injunction must justify that the mentioned gang in the suit or case is a public problem or nuisance. A person does not need to have committed an offense or crime to be mentioned or named in the injunction (O'Deane 33).

This essay analyzes that the legal obligations of both the buyers and sellers, particularly with the sale of goods contract, has been strictly based on the Sale of Goods Act 1893. Even though the Sale of Goods Act 1893 was created and passed by the Parliament to serve as the common law when solving cases related to the sale of goods.

Special attention is given to the three-strike law and evaluation of its effectiveness since the time it was passed. Goals and Types of Sentencing Sentencing is defined as “an imposition of punishment on an offender following conviction for a criminal offense” (Champion, 2008, p.2).

The conflicts developed in regard to rights recognized by the law are often quite strong. The reason is that the criteria set by legislators for the protection and the recognition of rights are often not clear, being open to different interpretations depending on the conditions of each case.

These three consist of (i) The Ministry of Justice, which is concerned with the magistrates' law courts, the Appeals Courts, the Crown Court, the National Offender Management Service, and the Legal Services Commission (ii) The Home Office under whose jurisdiction are the police

Generally, it is essential to state that in the current environment, criminal justice policy issues have been common in the highlights. These issues are mainly centered around violent and sex crimes. In the past two decades, there were several policy initiatives embarked on which focused on sex offenders.

To control the management of the company affairs, its property, and strategic decisions, the board of directors plays an important role as an independent decision-making body (Austin & Ramsay, 2013). The higher authorities of any company withhold within them the power and control over the decision-making process of the corporate entity.

Negative rumors related to this specific breed are indicative of melodramatic controversy and have formed such a string that it seems as if a propaganda is in progress to make each and every American citizen believe the empty mockery and support the implementation of breed specific legislation in the US in the hope of reducing pit bull attacks.

There are two possibilities surrounding this issue. The first possibility is the fact that the judge could be hindering the jury from discussing the issue outside the courtroom, so that the jury is not able to get full information regarding the actual nature of the suspect they are dealing with and thus unable to unearth the fact that the suspect is liable for the crime since he had been arrested for the same crimes before.

The Australian High Court is the Supreme Court in the hierarchy of Courts in Australia and also the last Court of Appeal. It has both appellate and original jurisdiction, the authority of judicial evaluation over laws and regulations passed by the Parliament of Australia and the Parliaments of the States, and it interprets the Constitution of Australia.

It is worth noting that there exist several rules that guide the transactions involving Bills of Exchange in Saudi Arabia. The first law is referred to as the Commercial Court Law, which is popularly referred to as Commercial Court Law. The other law is referred to as Commercial Court Law while the other is the Negotiable Instrument Law.

The new Arbitration Law of Saudi Arabia, on the other hand, which substitutes the related requirements of the 1989 Principles of Civil Procedure, has had an effect on the implementation of arbitral awards. The law that stands out is the United States Arbitration Law, which easily accepts international arbitration standards.

The spheres that are associated with advertising and copyrights is complicated and a fragile issue. Hence, the hot issue of data mining has been the focal point in 21st century. According to many companies, data mining for marketing purposes is protected by first amendment rights.

For the offeror and the offered, it is important to understand the difference between bilateral and unilateral contracts to ink an effective contract. For a better understanding, the way may quote here an example of the leading case of Carlill v Carbolic wherein the competent court of law had effectively addressed the issues. 

The roots of the English arbitration acts have been in existence for centuries. The first one was in 1698 followed by several acts that had organized and developed arbitration according to the requirements of each era. The last of these was the Arbitration Act 1996, which came into force on 31st of January 1997 (1996 Act).

This decision was reached at by a majority of two, with Judge Kaul giving a strong dissent. It was an important decision as it was the first of its kind based on the OTP request to have an investigation that was based on its proprio motu powers. These powers are awarded to the pre-trail chamber under the Rome Statue’s Article 15.

When it comes to the mental shock case, there has been a number of concerns about the elements involved which are considered as being of great subtlety as compared to the case of other physical injuries that occur ordinarily. There are these elements in the mental shock case that have given rise to many debates and concerns on the specific scope of its legal liability.

The topic that this research intends to explore is the rape shield law in the United States and the degree to which it serves the overall interests of justice. Rape shield laws are laws that limit the defendant’s ability to cross-examine the complainant on prior sexual history and admit evidence of a similar nature.

The Landlord and Tenant Act 1988 provide that the landlord has a duty to provide consent for assignment request within a reasonable time and not to withhold such consent unreasonably. The landlord must also outline the reasons for refusal of the consent in writing and provide reasons for withholding the consent.  

In most countries, such personnel are part of the police force. This enables them contribute effectively to the process of gathering evidence. Most police forces have disintegrated the process of gathering evidence, thus, ensuring integrity in the undertaking of the entire process (Domnauer, 2007).

The article titled “Credit check: Debt sentence” reported by Jay B. Hilotin illustrates a real life case example under to the civil law provisions enacted in Dubai. The people of the UAE are sentenced to imprisonment of one month to three years if an individual is convicted for issuing cheques that he/she fails to honour.

Although international law is potentially global in application, many critics point out that it is very much controlled by the powerful nations. They point out that although international laws are global in application, their mandates are actually dictated by what the rich and powerful nations want.

Durkheim’s view on Crime. Emile Durkheim in his book “Suicide: A Study in Sociology” portrayed crime as healthy practice but categorically mentioned that too little crime or rapid increase in crime rate is unhealthy and dangerous for the development of the society (Simpson, ed.