Law Essays

The ‘free movement’ of employees is considered as a fundamental principle of people in Article 45 of the European Union Act. Under this act, every EU citizen is entitled to search for job in other EU countries and work there without any consent. Besides, EU residents can reside in other countries for job purposes and live even after their service term is completed.

Beginning in the early 1970s forensic laboratories have quadrupled in response to the proliferation of substance abuse, an increasing demand for independent evidence and advances in science and technology (Peterson & Sommers, 2010).

The purpose of this research is to investigate the following: a brief overview of the European Convention on the Human Rights (ECHR); The ECHR and the principle of subsidiarity: the contribution and congruence; The ECHR and homosexuality: Resolving the global dilemma; The ECHR and the question of Muslims in Europe and their human rights; The ECHR, expulsion, and the right to refuse medical treatment.

The researcher discusses in detail the importance of the arbitration process along with the factors prerequisite for the arbitration to continue. The relationship between the agreement to arbitrate and the arbitration process is established in order to reach a conclusion regarding the notion. The nature of the arbitration agreement and various provisions of it are considered in the overall analysis.

CORPORATE GOVERNANCE LAW. Corporate governance is a system that has gained prominence in the management of organizations across the world and plays a critical role in facilitating organizations to be effective and efficient hence attainment of organizational goals and objectives.

The conventional observation is that non-charitable purpose trusts are void. In “Re Endacott”1, Lord Evershed M.R viewed that “a non-charitable trust under English law cannot be enforceable as it is not having ascertainable or quantifiable beneficiaries.” In “Bowman v.

Before you can conclude the guilt or innocence of this defendant, you must determine if he is sound mind and discretion; he unlawfully caused the victim’s death; he acted with prudence as a reasonable being would do under the circumstances, and he stabbed the victim intending to cause grievous bodily harm resulting in death.

This study sought to accept that the law can only provide safeguards to ensure that Human Rights are not abused and that the victims are given the mechanism or framework that will aid them to assert such rights. The mechanism is not self-executing unless the victims themselves come forward to bring to justice the violators the framework provided by law will be inutile.

The EU (European Union) policy concerning free movement within its member states on the free movement of persons tends to, in particular, discriminate against people from other parts of the world- the non-Europeans, commonly referred to as “others”. The E.U.’’s hostility towards immigrants has been discussed at length in various forums.

This research aims to evaluate and present the relationship of globalization and crime. The report will cover the following: media representations of general globalization and migration/immigration issues; media on human trafficking; media on drug trafficking; media representations of transnational policing/international police cooperation.

In the 1980s, New York City was a haven for criminals, with violent crime at an all-time high. On December 22, 1984, Bernhard Goetz took matters into his own hands when he believed that he was being threatened by four youths that shared a subway car with him in Manhattan, New York.

U.S. Military Aviation Training and Environmental Regulations However, community noise and air quality are a growing concern for military aviation because of increased regulation, public awareness, urbanization and increased areas required for military training (Waitz et al., 2005, p.329).

The researcher of this present essay will attempt to discuss the jurisprudence behind the European court of justice in adopting this legislation effectively. This essay will also briefly capture some its landmark decisions, with special emphasis on the application the treaty to private parties and some concluding remarks.

Alaska is today regarded as one of the largest states of America - it is the 49th state of the nation (Kimura 138). Being one of the largest states, Alaska possesses numerous and huge sources of natural resources that have become critical for the development of the state and the American nation at large.

The directives are outcome-based, which means that the member states may implement the directive in the manner in which they choose, but they must implement regulations that achieve the objectives of the directive. Directives are principle-based because every nation has sovereignty, therefore they need to be free to implement their own laws. 

According to utilitarianism, one is supposed to adopt the option that offers maximum satisfaction to the maximum number of people. In this particular case, the stakeholders are the government, the prisoners, the parole board, and the general public. If prisoners are released, the only group that gets satisfaction is the prisoners. 

Obligating, on the whole, connotes that the member states have no preference as to method and form. On the other hand, directives are general rules, but they are binding as to their result. For each member state, it is expected, a directive is obligating as to the outcome to be accomplished. As to the choice of method and form, the institutions of the member states can exercise their power.

This paper seeks to critically analyze the decision of the Supreme Court in the seminal case of Montana v. Egelhoff and its implications of the legal landscape covering the right of the accused to present evidence, as part of the due process guarantees of the Constitution.

This paper examines freedom from fear and want, in international human rights and how these security and welfare rights may conflict with other fundamental human rights. It is argued that in order to expand the realm of international human rights to include welfare and security rights, some trade-offer is necessary.

The Geneva conventions and their Additional Protocols are the basis of International Humanitarian Law (IHL) which is also known as the Law of armed conflict. The conventions set up rules to control the brutalities that take place during war.

This paper will examine both theories and make assumptions on which of the theories is more likely to reduce drinking and driving behavior, and why. In the process, two different theories, general deterrence, and social learning theory, shall be explored, with a conclusion as to which theory is best.

Gail prepared the will in December 2010. At that time, Gail had already taken a divorce from Brian, as assumed by the fact that when Martin proposed to her, the processes of the divorce were over. It should be mentioned that after the divorce, Gail bought a house the value of which has been estimated to £225,000.

According to the research high social support was found to be positively correlated with high emotional intelligence and high social support was positively correlated with job satisfaction in this sample of urban police officers. Apparently these two factors are more important than the perception of job stress on job satisfaction.

The paper throws light on a contract of sale, an agreement between two parties, the seller and the buyer, which is subject to different conditions. For a sale of goods contract to be fulfilled, there are some conditions that have to be satisfied, and in this case, and analysis will reveal the issues and provide reasonable judgment.

From this research it is clear that a society may not be registered if it interferes with the public order, or infringes upon the rights of others. A society may not be registered if it is in any way connected to or affiliated with a foreign political party, particular a Taiwanese political party.

The opening of the thesis report consists of the brief history of divorce before the Matrimonial Act. This report also presents development of the current divorce law in England and Wales; outline of matrimonial causes act (MCA); theory versus practice of the law and the special procedure (the disconnect between theory and practice).

It is evident from the research that the law is a joint effort by the legislature and judiciary to create a model for the rules that govern society. The quest for the perfect model may be a perpetual venture. Yet, the goal should always be to achieve a model that best matches the realities of the society it governs. As society changes, so must the rules that govern it.

The intention of this study is a social issue as the one that has an effect on both cultural and societal aspects of human life. Often it has to do with an injustice or problematic circumstance that affects people or groups of people. Social issues related to identity often affect personal lives of people and also various interactions which affect their lives.

From this research it is clear that patient autonomy and shared decision-making between patient and physician would eliminate chances for medical malpractice. They will also help to achieve optimally beneficial outcomes for patients, while supporting physicians against liability and legal charges.

Wilson v First County Trust Ltd (No 2) [2004] 1 AC 816. In modern days, the rule of law is a critical part of administrative law and is one of the most important principles that regulate common law countries. Most contemporary constitutional democracy across the world is founded on the rule of law which is the cornerstone of governance in any democratic country (Pollard, Parpworth and Hughes, 2007, p.

Work Based Learning Report and Portfolio Name Course No: Course Name: Instructor’s Name: Date: University: Work Based Learning Report and Portfolio What is Work Based Learning? Work based learning as an important part of organizational progress is understood by many organizations today and they are looking forward to have better employees to start working with them after gaining learning experience.

According to the research findings there appears to be a misunderstanding of Islamic law to the non-Muslim nations who may want to associate the law with violent behavior. On closer look Shari’ah is accepted in Islamic countries as word from Allah and therefore there should be proper understanding of the law before embarking on debates.

The purpose of this paper is to find out what changes take place in an individual psychologically, emotionally and mentally when corporal punishment is used to modify behavior. These three aspects are often interlinked. When punishment is inflicted a child exhibit many emotions such as fear, distress sense of helplessness but most important of all is shame and humiliation that is suffered.

Because law enforcers are granted authoritarian status by the law, it is quite understandable that they have transformed into organizations approving features of authority and power for implementation in their own agencies. Adoption of the classical management model has resulted in a ‘passive’ style of control and administration.

The paper tells that Canada has decided to take the tough approach with crime and criminals. Policies have been made, and bills have been passed to ensure that criminals, once brought to book, bear the full brunt of the law. The judicial system has been mandated to penalise all those of different crimes with longer jail sentences.

This study will discuss in general important points for committing burglary and rape offences per se; and the general procedures for interviewing suspects and what routinely happens when a case becomes cold due to the reason that no suspect related to the crime has been arrested and no new evidences has transpired for a certain length of time will likewise be threshed out.

Following a divorce, the court can provide ancillary relief to either of the parties depending on the circumstances of the divorce and the support required by either party. However, there are agreements that are made prior to the marriage (pre-nuptial) or after the marriage (post-nuptial), and their weights are considered while making these rulings.

This essay explores the assessment of the effectiveness of the United Kingdom discrimination law; discrimination in relation to disability, to sexual oriented people; discrimination law in regards to sexual harassment, to religious tolerance, to gender issues and equal opportunities; people resourcing and discrimination laws; process of enhancing the effectiveness of the United Kingdom discrimination law.

This essay discusses that controlling crime in the community makes people feel safe and protected. In another view, Schneier explains crime control as a condition that comes about from the establishment and maintenance of protective procedures, which are a surety of a state of inviolability from intimidating acts or sways.

According to the research findings the consumer protection regulations also prohibit traders from lying about the goods they have, or marketing them to consumers as another product, in order to gain credibility. In any case, a trader has signed a code of practice, he or she should stand by it and obey it to the later, failing to do so.

The welfare of the child will always come before the rights of parents. Traditionally the debate revolving around children rights centre on the friction that exists amongst concerns over children welfare on one hand and worries over crossing legal borders and encroaching over issues related to family privacy and rights of parents.

The paper is being carried out to discuss about important elements in child development and psychology in order to understand better the way children think and act in various stages of their development. After discussing the general approach, the special approach of interrogating a child as an eyewitness will be described and analysed.

On Friday February 17, 2012 just after midnight, we received a phone call from one Bob Smith of Maiden Lane, Raleigh concerning a murder: The murder of Randy Odleman had taken place in Room H, along Maiden Lane, Raleigh.

Brief Memorandum to the Justice with Regard to the Case of Perry v. Schwarzenegger1. This memorandum is aimed at providing sufficient arguments as pertains to how Justice Roberts will rule in this case. The facts of the case will be delineated since they serve as a baseline from which arguments will be given.

The report will cover the following: Evolution of the Law on the Mobility of Labour in the European Union; Overview of Regulation 1612/68 & Discrimination against EU workers and their families; Overview of Directive 68/360 & Entry of EU Citizens to other Member States; Jurisprudence from the European Court of Justice; Enforceability against private parties.

Customarily, director’s duties in UK have been divided under the head self-regulatory and non-regulatory mechanisms. Under regulatory approach, directors are required to comply with their obligations and duties

In this case, James worked in the rival company, and Michael also colluded with him without disclosing the same to the board. These acts were serious in nature, and they are liable to be disqualified from acting as a director of a company in the future under the Company Directors Disqualification Act 1986.

This research aims to evaluate and present the four main challenges to the criminal justice system that are youth violence, drugs, violence against women and over-criminalization. Historical efforts to reduce youth violence worked and some are still effective for instance counseling and early detection.

It is evident from the study that poverty prevalence in Canada influences the lives of the underprivileged communities such as the aboriginals, immigrants, starting families, youths among others. Reports on the prevalence rate alludes that Canada has recorded an increase in poverty rate among the Canadian underprivileged community.

Negligence entails the omission of an act resulting in an injury. The Oxford law dictionary defines negligence as carelessness amounting to the culpable breach of duty. Failure to do something that a reasonable man would do amounts to negligence. For negligence, there must be a loss by the plaintiff and a negligent act by the defendant.