It has to be understood that the term ‘Law’ implies an act enacted and passed in Parliament (statutory law) and the common law (principles established by judges in previous trials, procedures and conclusions) in the process of deciding on litigations.The most important dissimilarity between law and equity is the difference in remedies that both offer. While laws equip the court with the necessary set of instructions that enable the court to draw monetary compensations for the damages cased to the plaintiff, the equity enables the court to order injunctions or decrees that direct someone to act or not to act in some particular manner. Often, it is this form of order that is more practical to the plaintiff and provides more convenient remedies to the sort of problems raised by the plaintiff in the court of law. A plaintiff who has lost his baggage in a particular place may seek to get it back from the place and not the monetary value of the contents of the baggage.What marks the distinction between an equity and a law is the non-availability of a jury in the former. Equitable remedies can be decided upon exclusively by a judge, as it is a matter of law and not subject to intervention. Hence the intervention of a jury as a trier of facts is impossible to come by. Legal and equitable remedies are thus distinct in their nature and scope and this factor is well deliberated upon in modern legal systems of progressive states such as the United States of America.The right of trial by jury in a civil dispute in the United State is governed by the Seventh Amendment of the American Constitution. Hence the question of a trial by jury depends on the nature of relief the plaintiff has sought in his prayer before the court. If he is seeking a monetary benefit in lieu of the wrongs done to him, the matter can be decided upon by a jury since the
At the beginning of the story, a quite exciting statement introduces the content of the story. The year was 2081, and, everyone was equal. Other than being the same in God’s eyes and the law, everyone was equal in every possible way. The theme of equality among everyone in the story was passed when constitutional laws were changed. The adjustment emphasized the theme, where equality was a new establishment among the characters featured in the story.The primary aim of Kurt Vonnegut’s story is to enable the audience to understand that people in every society should be given a chance to discover their utmost potential. The author also uses significant instances of behavioral characteristics and symbolism to support the central theme of the story. Other than that, below is more insight into the dangers of equality: a close reading of Harrison Bergeron with an emphasis on the main theme.Equality Limits People’s PotentialToday, many people believe that there should be total equality for all religions, genders, and sexes that exist. Well, Kurt Vonnegut’s short story brings out people’s qualities and their alterations to reach the required standards. Kurt brings out a good instance where people who illustrated a high intellectual capacity were forced to use devices that would limit their thinking capacity to average. Similarly, individuals who had a super enticing physical composure or beauty were forced to cover themselves up with masks. Worse still, they were pushed to gain extra weight to get rid of their bodily gracefulness.It Threatens the Existence of Cohesion in a SocietyIn essence, it would be impossible for a society to thrive when its citizens are pushed into neglecting their capabilities and qualities. Furthermore, a society can’t develop if they can’t act on their free will for their betterment. Torturing them to suit the level of the community would more likely result in more harm than good. Ideally, when the government reinforces initiatives that are meant to interfere with the progression of citizens, the individuals turn against each other. Well, one would agree that they wouldn’t like to see their potential and abilities being suppressed just to emphasize fairness.It Arises Fear among PeopleIn the Harrison Bergeron story, multiple events alleviate the many attempts of the government to deny citizens their legal rights. One of the most apparent results of such an impact is fear. The government goes ahead to emphasize that the citizens who fail to abide by the new biased laws of equality would suffer the consequences of disobedience.In the same light, Harrison Bergeron is demonstrated as an alpha male who is strong and handsome in the story. Similarly, his character is also illustrated as a brave individual, especially when he runs away from prison. When Harrison Bergeron takes off his handicap restrains, he reveals a gorgeous body with in-built physical strength.Death as a Danger of Forced Equality among CitizensMany handicapped citizens, the likes of Harrison Bergeron, would probably rebel against the idea of being equal to everyone. In the story, the government emphasizes strict adherence to equality for anyone who seeks to have their freedom. Towards the end of the story, a character of Diana Moon Glampers bursts into a studio and fires a shotgun twice. The gunfire results in the death of Harrison Bergeron and Hazel. After the turn out of events, individuals with impeccable skills and intelligence were given two options to choose. to embrace the concept of equality, or to endure inhumane torture due to failure to oblige. In essence, disabled citizens deserved better treatment. Hazel and Harrison Bergeron deserved to be allowed to establish and recognize ways that seem acceptable to them, without being forced.Forced Equality Lead to Intimidation among Individual CitizensFrom the interactions of George and Hazel, it is quite evident that the two characters have different levels of intelligence. An excellent example of such an instance is a conversation between the two characters. Hazel quotes that she can tell a person who is a doozy. In turn, George responds to her by asking her to repeat it. Subsequently, she recalls her initial statement. Hazel’s action paints her as having substandard intelligence. Moreover, Hazel does not suffer from any mental instability. Therefore, she has no idea of the government’s acts of looking down upon handicapped citizens.Citizens who are represented in the story have no say. They are forced to lay their desperations aside and embrace and obey the enforced law of equality by their government. Furthermore, they have to adapt to living with fear from within, bearing in mind any slight display of advanced abilities would attract severe punishment.It Causes Citizens to Degrade ThemselvesThe story uses various themes of imagery to emphasize the theme of forced equality. At one point, Hazel asks Harrison to rest his handicap bag down onto a pillow. From that statement, one can pick out the aspect of equality is just a belief and not the right action. Perhaps one would ask the question, Why does Harrison have to wear a handicap strap and handicap restrains if everyone is meant to be equal? Similarly, imagery is illustrated when Harrison Bergeron had to demean himself to prove that he was suitable to have a place in society. Harrison Bergeron was always instructed to wear a rubber ball to hide his nose. Furthermore, his brows were to remain shaven completely, and his white set of teeth hid using black caps.In the act of rage, Harrison Bergeron snapped his handicap straps that can anchor a significant weight of up to five thousand pounds. Harrison Bergeron significantly proves the negative outcomes of being equal and how it impacts people’s lives. In essence, even the tightest handicap restraints are never proof of an action that would suppress an individual’s desire to realize his potential. In the same light, the theme of the story also depicts outspoken individuals who are ready to stand up for their rights in a demoralizing society.Forced Equal Balance by a Government Causes Lack of Freedom to Express One’s RightsFrom the theme of the story, one can see that a government can choose to enforce an equal balance among citizens. However, the amendment comes at a cost. To implement the act, the government had to sacrifice – at this point, the individuality and free will of its citizens. From the turn out of events, an audience would probably not want to know more about the dangers that a forced societal balance can cause. The actions of several characters give an accurate idea of what such a situation would and feel. In short, the story opens the readers’ eyes to the fact that forcing it among citizens cannot be measured with an experience of ultimate balance.The Final WordGenerally, the book presents a lousy outcome when the main theme is enforced among citizens. Furthermore, society and the world at large cannot move forward if people are forced to adapt to inevitable changes contrary to their wishes. In other words, substantive results are not realized through neglect and arrogance.
As quoted by Schuster (2007) from the American Judicature Society, misidentification by the eyewitness was the leading cause of wrongful conviction in more than 75% of the first 183 DNA exonerations in the United States. From this statement, questions arise on the effectiveness of the methods used by the police in letting the eyewitness identify suspects from photographic and live lineups that are commonly used in the US police departments.There are two kinds of lineups: simultaneous and sequential. In a simultaneous lineup, the eyewitness views all the people or photos at the same time, while in a consequential lineup, people or photographs are presented to the witness one at a time. Both lineups have their disadvantages. In the simultaneous lineup, most preferred by law enforcers, Schuster (2007) quoted that witnesses use relative judgment rather than their memory. This means that they just compare the lineups with each other and choose the one that closely resembles the perpetrator. This becomes a problem most especially when the perpetrator is not present in the lineup because the eyewitness can just pick anyone that closely resembles the perpetrator. In a consequential line-up, on the other hand, a decision should be made about the current lineup before moving to the next. As such, the eyewitness oftentimes relies on the use of absolute judgment in which witnesses compare each lineup on what he or she thinks the offender looks like.Aside from the disadvantages, Schuster (2007) also quoted variables that can affect the outcome of police lineups. These are the pre-lineup instructions given to the witness, the physical characteristics of the fillers, similarities or differences between the witness’ and suspect’s age, race, or ethnicity, and incident characteristics such as the use of force or weapons.
One definition of a family springs from the functions upon which the family is founded upon. This approach, otherwise known as the functionalist approach, includes in the definition of a family as any group of people performing roles and functions, which are closely associated with their responsibilities of being members of a group. For instance, we usually refer to a group of people such as a certain class as a family by association. A further definition of family would give us the genealogical stock from which an individual came from. For instance, John belongs to Adam’s family. Here, the family is the group from which Adam actually came from.As time evolved, we become more open to different family forms, thus the subjective approach to the definition of a family came into the picture. Under this approach, the definition of a family depends on the fact that the people involved regard themselves as such. Of three approaches to the definition of a family, this is type promotes the most liberal definition.Section 1 Family Law Act 1996 so provides that the institution of marriage is to be supported. Marriage is well defined in the case of Hyde v Hyde and Woodhouse (1866)2 when the Court ruled that it is a voluntary union for life of one man and one woman to the exclusion of others. There are two very important elements of marriage described in this case. (a) that the union should be that of a man and a woman (b) that such union is exclusive. Marriage is also founded upon a bond, which is more than a mere contracting of mutual support and obligation. It is a kind of institution that confers a status.3 In other words, marriage enhances an individual by conferring a status or a title.
Smith and Hogan state that the ordinary meaning of obscene is filthy, lewd or disgusting. In law the meaning in some respects is narrower, in other respects, possibly wider5 The test provided for under the law for obscenity of an item is that if its effect, in general, tends to deprave and corrupt persons who have access to it.6 While earlier versions of the Act covered only published material, it was amended in 1994 to also include material transmitted over the Internet, including the possession or ownership of such material. This was modified by further legislation in recent times.7 Furthermore, the Computer Misuse Act of 1990 has also made it illegal for a user to download pornographic or obscene material if the service provider does not permit it. The provisions of the Digital Millenium Copyright Act which are applicable in many countries of the world can also make an ISP responsible for offensive content that is available on its website8 and in some cases, criminal liability may also be imputed.9Cyberspace has been defined as the total interconnectedness of human beings through computers and telecommunication without regard to Physical geography9 and crime has ceased to be largely local in origin and effect.10 According to Greenleaf, cyberspace is better regulated by law – not through its limits as the regulating factor. rather through the exercise of the law in modifying the natural architecture of cyberspace that will render it a more effective tool.11 Cyberspace architecture is relatively plastic, and the law can be applied to require changes or modification of the software, codes, or minimum standards.12 Crimes could be multifaceted and multinational, raising issues of the local jurisdiction. For example, in a recent case involving Yahoo, USA, a French Court found Yahoo liable under its local jurisdiction.
As far as this particular trust is concerned, no conflict should arise. As remainderman, John will have the right to the extraordinary receipts such as sale proceeds. If this gift had been shared, he would have also received stock splits and dividends. John will also be responsible for any extraordinary expenses involved, such as amortization of principal or any other costs incurred.However, there is the question of the covenant that George has made with the trustee’s Dick and Harry in 1997 when the marriage settlement trusts were made to transfer 5000 shares in the Company and the sum of 200,000 pounds in cash and the question of whether it would affect John’s interest. A covenant is in the nature of a promise made to a volunteer and in order to be actionable, it must be Since George died only in 2004, one aspect that will be of significance in the courts is the fact that George did not go through on the constitution of the covenant, therefore this indicates that there was a lack of intention which is one of the requirements to establish the existence of a trust1. However, even if the trust has not been constituted, in the event that the beneficiary gave some consideration, the trust will be enforceable. Since Harry and Dick have provided the service of trustees and are going to execute the trusts set up by George, they could have enforced the promise.It appears likely that the two trustees will not be able to press for damages and will have no way to enforce the promise in Court, especially since George did not formally execute the covenant through a written document when he was alive, even after the five year period stipulated.In the case of the trust comprising the residuary estate, there are competing interests here as well. Firstly, George had made a will in which he had allowed the sum of 200,000 pounds to his sisters, for them to provide a reasonable amount for their aunt.
The basic undemocratic aspect of the Constitution is the tolerance of slavery. The reason for this leniency was to guarantee the support of Southern states, where slavery was common compared to the rest of the country. He points out that the Constitution did not bestow voting rights to all American, as African American, Women and the indigenous people were excluded, which is against the spirit of freedom and democratic values.Article II empowers states to select the number of electors proportional to its population, but as the current status of the population is changed in all states, it has been changed, which can change the whole process of president selection. According to Article I, the senators had to be appointed by the state legislature, which was the unfair practice in a real democracy.He mentions that the judges are empowered to rule any law unconstitutional, even if it is approved by legislature and president. Ironically the judges do not come through election but rather appointed, empowering them so enormously is subverting a democratic government to the judiciary.The constitution is supposed to have comprehensive powers and should reserve supremacy in the regulation of the state, yet congress powers are limited. He cites the example of the Sixteenth Amendment, where the Court narrowly interpreted Congress powers and little powers were given to the Federal government to influence the economy. Dahal thinks the Constitution has a gap and Court often seems to fill that space for which they are not entitled according to the Constitution.Dahal compares the American Constitution with constitutions of the other (22) nations. He mentions that no doubt, US Constitution has been trimmed through amendments and has been made practicable for the modern times, but he questions, is American Constitution really democratic and ideal, as believed by a majority of the Americans?
The adoption of a single currency and the monetary policy of the EMU were the issues at stake as appearing in conflict with the functions and powers of the Bundesbank. The provisions of the Act of Accession in the Maastricht Treaty and the degree of their applicability within the individual constitutions of the member states of the European Union were established in this case. The European Charter of Fundamental Rights was also a relevant document in this case, as established through a joint proclamation by the European Parliament, the Council and the Commission at Nice, which was to apply to the fundamental rights of all member states of the European Union.The major legal issue involved was the degree of the supremacy of European Community law over German constitutional law. The conflict arose between the monetary policy of the EMU as impacting upon the democratic legitimacy of the Constitution of Germany. Article 53 of the European Charter of Fundamental Rights states. Nothing in this Charter shall be interpreted as restricting or adversely affecting human rights and fundamental rights as recognized,…..including…..the member States Constitution. The legal issue at stake was the protection of individual rights of a German national against infringements caused by acts passed by the German authorities in accordance with European Community law. The issue was how far the provisions of the Act of Accession could be applied in terms of EU Monetary policy and the extent to which they would be binding in the context of German sovereignty. The German Constitutional Court had to consider the issue of the functioning of State organizations which could be mandated and fashioned by the will of the people and could not be governed by an external entity such as the European Treaty.
On January 1st, the first part of the payment, £163,500,000 enters the bank account of the Badchester Borough Council. On January 11th, the Council is declared bankrupt. A private company, Bin-U-Like, who were contractors of the council, are preferred creditors and claim that the £163,500,000 is owed to them for monies unpaid by the Council. Farley’s Bank is demanding the return of the £163,500,000. At the time of the transaction, the Council was acting outside of its statutory powers to borrow money from commercial lenders.Advise Farley’s Bank. Will they be able to claim the return of the £163,500,000? At the time of the transaction, the Borough Council were acting outside of their statutory powers to borrow from commercial lenders.The problem does not show whether or not Farley’s Bank (FB hereafter) is aware that Manchester Borough Council (BBC hereafter) is in financial dire straits. This question is directly related to the question of the purpose of the loan which the problem also withholds. Both issues impinge upon whether a trust relationship is created between BBC and FB and what kind if any.The given facts of the case seem to suggest that the loan was made for the purpose of transfusion of liquid capital into the bloodstream of the defendant BBC. The fact that the forbearance was made with consideration, the down payment of one million pounds, is irrelevant to the issues.In the present problem, FB’s aim is to recover money paid over as a loan and has great chances of doing so under equity procedures of trust1. In order for liability to follow, it must first be established that the money was subject to a trust and that the defendant BBC is in breach of this trust by declaring bankruptcy the following week after the first part of the loan payment was deposited to their account.
Enforcement of international human rights law began with Nuremberg, which recognized crimes against humanity and began a form of politics that favored intervention on behalf of individual rights, even when violations of those rights occurred within the boundaries of sovereign states. The body of international human rights law since World War II has established the principle that international law limits a States treatment of its own nationals.This international norm paved the way for detailed statements of internationally protected rights. To the extent that human rights plaintiffs classes are treated as an entity with substantive rights founded in CIL principles of collective rights, opting out would undermine such interests and therefore may not be warranted, so long as it is not constitutionally mandated. In general, procedures such as opt-out and notice designed to preserve individual autonomy are less compelling in the adjudication of collective human rights where shared interests are a prerequisite to the collective rights claims. Moreover, when balanced with considerations of corporate deterrence of human rights abuses through group remedies, a policy toward disallowing opt-out rights is justified.There is a great debate over whether human rights law becomes part of CIL. This is, in part, because of the difficulty of even defining CIL and human rights. International human rights law has been subject to little judicial interpretation. Indeed, a precise definition of human rights, in general, is widely debated. CIL is a dynamic body of law, evolving with the international community and its consciousness. The changing nature of CIL is in part due to its definition, which is both objective (State practice), as well as subjective (opinio juris, or the legal and moral expectations of society). Finding sufficient evidence of State practice and opinio juris for a CIL norm requires courts to delve into the nontraditional analysis.
Defiant, intimidating rhetoric by Iranian President Mahmoud Ahmadinejad, a confirmed nuclear enrichment program and naval operations in the Persian Gulf all have acted to sound the alarm of imminent danger from that extremely volatile region of the world. The recent capture of British forces by Iran is simply another example of and the next step in that nation’s hostile intent. The U.S. and its ally Israel must address what the response will be to this nuclear threat and when it should be carried out. President Bush has already deployed two Carrier fleets to the Persian Gulf to beef-up U.S. presence in the region. It is doubtful that Bush or the Israelis, who bombed Iraq’s nuclear reactor into oblivion in 1981, will allow Iran the capability to produce, test, or use nuclear weaponry. The contention that Iran will not allow for nuclear inspections or halt its development of nuclear weapons unless it is forced has gained wide acceptance. The Iranian government must be convinced that it’s nuclear and military facilities will be destroyed before it would consider complying with international law and United Nations directives. Diplomatic efforts are not the answer as this will only forestall the inevitable and allow Iran to continue its nuclear aspirations which are gladly accommodated by North Korea, China, and Russia. According to three Israeli legislators,The United States and its allies must act to stop Iran’s nuclear programs, by force if necessary, because conventional diplomacy will not work (Sands, 2005). The lawmakers said that Israel would act on its own to stop Iran from obtaining or making nuclear armaments if because Iran will not be deterred by anything short of a threat of force, said National Union Party member Arieh Eldad who along with an Israeli delegation visited Washington to deliver this urgent message (Sands, 2005).Iran is not escalating the fanatical rhetoric or aggressive actions because it has benign intentions with its nuclear program. It has drawn a metaphorical line in the desert sand and is daring the U.S. and the world to cross.
Both in the context of social traps and in the context of paradoxes, it is seen that long-term circumstantial effects must be taken into consideration when one makes a decision. and it is not proper to neglect them for the sake of short-term benefits of an individual or a group (Bazerman and Samuelson, 1983, p. 632). 2. Social traps are mostly representative of situations where a single individual or a collective group of individuals focus on generating short-term benefits in the form of profits and increased revenues from an unexpected window of opportunity through the use of a favorable law or practice ( Platt, 1973, p. 641). Social traps arise mostly due to the process of increasingly indulging in business activities today, which leads to long-term complications in the future. The complications are mutually exclusive in nature, and this eventually leads to a scenario of situational deadlock. Due to social traps, it is seen that individuals mostly resort to a similar line of reasoning in the issues that show the promise of a good opportunity which can help satisfy business or individual needs. Talking in lines of the ‘Tales of the Unexpected’, it can be said that the making, delivering and effectively executing critical decisions for the benefits of a particular scenario requires effective implementation of ideas based on common sense and rational logic (Drummond, 2001, p. 148) The piece also draws the attention of the readers to the importance of the maintenance of the fine level of balance in the case of a logically taken decision and to the evaluation of all related possibilities. it discourages from taking decisions on the basis of focus on immediate gains and opportunities. Paradoxes in the process of decision-making exist, as some problems come directly in conflict with the theory of utility and the choices that can be made (Goldstein and Hogarth, n.d., p.12). The paradoxes are created mainly because people prefer to simultaneously stick to the rational approach to decision-making and to adhere to the established rules and guidelines (Hitt, Black, and Porter, 2005, p. 370).
The theory of absolute convergence states that the growth level of countries initially varies due to the difference in their levels of capital. The second theory of conditional convergence states that each country has a steady state and they converge to their own level of the steady state.The paper focuses on the effect of convergence on China and the resultant financial development and economic growth in this country. Deep-down analysis of the fact that poor countries can catch up to the rich countries through the increase in the average rates of growth has been carried on for a proper understanding of this topic. The investigation of the way in which the financial development and economic growth of China helped it to reach the position equivalent to a developed country is considered for the purpose of review. The Solow swan model and laws of diminishing marginal utility are used to help in the process of interpretation of the topic in a simple and easy manner. The empirical evidence is laid down in the paper along with charts to facilitate the process of understanding.The idea of catch-up-effect or convergence in economics is based on the hypothesis that the per capita income of the poorer economies will tend to grow at a much faster rate than the richer ones. The resultant factor is the convergence of both the economies in terms of the per capita income. The financial functions control the investment and saving decisions, technological innovations and therefore economic growth (Shahbaz, Khan and Tahir, 2013).Classical theories: The Ricardian theory of production and growth are related to the law of variable proportion. The law states that if any factor of production is increased while keeping the other same with no technological changes, there can be an increase in the output but in diminishing rate. This increased output eventually approaches towards zero.
This brief analysis will seek to consider the debate from the perspective of the pro-gun control movement. In such a way, it will be the express goal of this author to relate to the reader some of the most powerful arguments in favour of favourer gun control and the rationale behind these. As such, it is the author’s hope that the reader will gain a more nuanced and complete understanding of the main arguments for further gun control by an analysis of the following 4 arguments: the Second Amendment does not, nor did it ever, provide for individual gun rights, the high rate of gun-related violence and death, as well as the societal needs for reasonable gun control laws, and whether or not further testing should be put in place for those individuals that have a propensity to instability. Finally, an examination of an even more vehement argument with regards to gun control will be entertained and discussed. The first, and perhaps most contentious of the issues that this analysis will seek to discuss, is the issue of whether or not the Second Amendment to the United States Constitution sought to convey individual gun rights to the citizen. Although the law has long been interpreted to mean just this, the fact of the matter is that when one reads the Second Amendment from a literalist perspective, it is quite clear that the Second Amendment is speaking to the needs of the states and individual regions of the newly formed United States to form a militia as a means of protecting the Republic. In such a way, the Second Amendment can and should be interpreted as little more than the admission from the Federal government that it promises not to infringe upon the rights of the militias (Kiger 1) to maintain a stock of weaponry for the purpose of defence and securing the borders of the new nation.
This paper looks into the provisions of private fostering, and in doing so, it outlines some of the rules and responsibilities that guide the client and the caregiver as well. Conversely, the paper provides an evaluation of two models of care, the Orem’s Self Care model and the Roper, Logan and Tierney’s activities of living, thereby revealing how they relate to the case in consideration.Majorities of friends or family carers act in an informal manner by agreeing with the people holding parental responsibility for a child, identified as the client in this case. For this reason, the initial arrangement between Rachel’s parents and Tracey’s parents to accommodate Rachel in their house was informal in nature. However, given that Tracey’s parents agreed to accommodate Rachel for a number of months, which is more than the informal care threshold set by the law, the parents have to visit the children’s service office to formalize the private fostering arrangement. As required by the law, the parents had to contact the children’s services office to determine that Tracey’s parents had the ability to look after Rachel in a proper manner, which includes ensuring that they do not expose her to any risk, given that she will be living away from her legal guardians.The main responsibility of the carers, in this case, is to safeguard and promote the welfare of the clients under their care. For this reason, the first consideration would be to inform the local council of such an arrangement, even though quite a number of the carers do not do it. The carer should meet this requirement to allow social services to check on whether the client is receiving proper care. It is vital for social services to be made aware of such an arrangement in order to preserve and uphold the welfare of a potentially vulnerable child.
Business law and such related legal requirements provides the frame work for the redress of such circumstances when they do occur as well as ascertaining whether the claims are justifiable apart from determining the amount of compensation if the situation warrants the compensation. There are always circumstances not foreseeable to both the contracting parties and therefore, it is not worth that the compensations are made and the laws consequently provide to cover such events. Martin, in a bid to sue Jason for the losses incurred and the eventual closure of the business will have to prove various circumstances under which the loss is related to the activities of Jason as well as establish that it was a fault in the execution of his part of the contract. As such the court will be able to rule on the sustainability of the claim and thus be able to determine the amount of compensation, if it comes to materialize. The actions of each party that could have perpetuated the failure are also a significant contribution. Breach of contracts can be very simple or very complex but will always either result into minor losses or extensive losses in which case one person may be forced to terminate the contract and sue for damage (Keenan, 63). In the case of Martin, the damage can be considered to be great although the supplies have resumed and Martin have not also attempt to terminate the contract and so may not be able to institute a case against Jason. Martin has only suggested loss of revenue for which he did not and has not informed Jason which might cause Jason to assume a state of comfort for Martin. The kind of contractual agreement between Martin and Jason presents a contract which is executionary and not executed and so each party should be able to terminate it at one point or the other, if according to the terms of agreement the other person has breached the contract. The problem that has presented itself in this case is one that Jason could have been able to foresee and prepare measures to mitigate it when it does occur (Keenan, 311). In this case the contract is not impossible to perform due to unforeseen circumstances but due to the negligence on the part of Jason which actually entitles Martin for compensation on the loss and goodwill the actions of Jason have caused him. Motor vehicles are items whose breakdown rate is frequent and so should always be considered as prone to such events. In this case, Jason, before committing to supply Martin with the fast foods should have considered and taken measures to cushion his customers against the same although Jason may argue that a situation of simultaneous breakdown of the two trucks was actually unforeseen. But since Martin seems not to have rescinded the contract when Jason failed to supply the goods during the first week of the problem, he may therefore be assumed to have consented to the proceedings and therefore need not sue as Jason will argue that he was not aware of the extent of the lack of supplies since His customer, Martin, had not communicated the same. The other complexity in this case arises due to the fact that Jason has resumed supplies to mean that he has not withdrawn from performing the contract but could have stopped to allow Martin clear his stocks which at
There are several similar cases where police officers have been injured in this manner whilst defendants are attempting to escape. In R. v Boswell3 the defendant was found guilty of causing death by dangerous driving whilst trying to evade been arrested.Boris could attempt to argue that PC Ali’s action of jumping on the bonnet amount to contributory negligence as he has put himself in danger by doing this4. Boris may also be able to use the defense of his personality disorder to reduce or extinguish the charges5 or provocation caused by PC Ali’s actions6. To be able to decide on the liability of Boris it is necessary to examine the men’s rea of Boris at the time. He has stated that his intention was merely to frighten PC Ali and not injure or kill him7. In R v Mann8 the courts reduced the sentence imposed after finding that it was not the intention of the defendant to harm the victim but just to frighten him.In looking at Boris’s intention when he drove the car in this manner it is important to note that he was attempting to escape the area to avoid being arrested. A similar case that might assist the courts in reaching their decision in R v Fitzgerald9. In this case, the defendant drove off in an attempt to escape the police. The police officer tried stopping the defendant by clinging on to the front of the car. The defendant drove for some distance with the officer still clinging to the front of the car. Unable to control the vehicle properly the defendant crashed the car and was subsequently arrested. No one sustained any serious injury as a result but the defendant was charged with assaulting a police officer and attempting to resist arrest. Another case which had similar facts to the aforementioned one in Ferguson v HM Advocate10. In this case, the defendant fled from the police whilst an officer was clinging to the door. The defendant was charged with assaulting the officer and resisting arrest.
Taken in our modern context, euthanasia, also called mercy killing is the act or practise of painlessly putting to death persons or animals that are suffering from painful and incurable diseases or incapacitating disorder. 1 Although there are so many people who vehemently oppose euthanasia, a recent Gallup poll showed that around 60% of the people living in the United States are in favor of mercy killing (Carroll J., 2006). The figures shown in the survey may not be conclusive but it gives an idea of what people are thinking about matters involving life and death in the United States. The survey gives us a glimpse of how our society views the morality of taking the lives of people in the guise of mercy. The question of whether or not it is righteous to kill a person because one is compelled by compassion is indeed something that we must ponder upon at great length.To help us understand better what is euthanasia, let us first look into the different circumstances involved in this act. Euthanasia can be classified as active and passive. According to Strayer (2006), active euthanasia is intentional killing and is often performed by a physician upon the request of the patient or his/her family. On the other hand, Strayer (2006) defined passive euthanasia as a state where the doctor allows the patient to die by withholding some form of treatment or life support from the patient. In most parts of the world, euthanasia is considered illegal and punishable under the law. However, in countries like Belgium, The Netherlands and Switzerland, mercy killing is considered legal. In the United States, only the State of Oregon allows euthanasia under the Death with Dignity Act while the State of Texas allows the withdrawal of life support on terminally ill patients under the Texas Futile Care Law.Active euthanasia can be categorized into three.
The United Kingdom, as a member of the European Union is bound by the provisions of the current Treaties as well as any future Treaties. Section 2 of the European Communities Act 1972 provides that ‘all such rights powers liabilities obligations and restrictions… created by or arising under the Treaties … shall be recognized and available in law, and shall be enforced, allowed and followed accordingly.’2 This is the context in which Melinda’s rights fall to be determined.Melinda’s case involves the interpretation and application of secondary legislation as her rights are directly connected to the validity of a directive issued by the Council of the European Union. Although directives require enactment by the legislators of individual Member States, they are binding on all members.3Article 249 (formerly Article 189) of the Treaty of Rome 1957 makes provision for directives to be binding on ‘each state to which it is addressed.’4 Although the United Kingdom is at liberty to use its own discretion as to how to implement the directive issued by the European Union on patio heater specifications, it has an existing duty under the current law to implement the directive. That fact that the directive is contrary to unfair competition policies in the United Kingdom and compromises existing local directives on the same device does not make the directive by the European Union any less applicable.In Van Gend en Loos v Nederlandse Administratie der Belastingen, the European Court held that the European Community represents a ‘new legal order’ which binds its members. Moreover, in the event a law issued by the European Community contradicts a domestic provision, the European Community’s law will prevail.5In Publico Ministero v Ratti  ECR it was held that by virtue of Article 189 of the Treaty of Rome, regulations are capable of having the force of law in each Member State if they contain language indicating that the regulationis ‘unconditional and sufficiently precise.’
On the facts of the High Trees case, a landlord agreed with the tenant that rent due under a lease would be reduced during the Second World War period. However, once the war came to an end, the landlord attempted to recover the full assessment of payments to make in the future, as well as the deductions agreed to with respect to previous payments on the basis that the duty rule exempted enforcing modifications.4Lord Denning agreed that there was no consideration to support the promise made by the landlord with respect to the rent reduction. However, Lord Denning went on to state that the promise could nevertheless be enforced with respect to the war period because they:Promise to accept a smaller sum in the discharge of a larger sum, if acted upon, is binding notwithstanding the absence of consideration: and if the fusion of law and equity leads to this result, so much the better. 5Thus, the ruling in the High Trees case not only provided an exception to the Foakes v Beer case but also to Pinnel’s Case which was affirmed by Foakes v Beer. Sir Edward Coke had ruled in Pinnel’s Case that partly discharging a debt would not operate to satisfy the whole of the debt.6Lord Denning clarified his interpretation and application of the doctrine of promissory estoppel in Combes v Combes (1951). In this case, following a divorce decree, a husband via his solicitors agreed to pay the wife 100 pounds annually. The wife, in turn, promised that pursuant to the husband’s undertaking, she would forego legal action. When the husband failed to pay, the wife sued him for arrears. Lord Denning then defined the parameters for the High Trees doctrine:The principle stated in the High Trees case…does not create a new cause of action where none existed before. It only prevents a party from insisting upon his strict legal rights, when it would be unjust to allow him to enforce them.7
According to the rules of revocation, an offeror’s withdrawal of his offer is possible and effective, provided that revocation is given before acceptance (Payne v Cave  3 T.R. 148). For the revocation to be valid, however, it must be communicated to the offeree before acceptance takes effect as expressed in the case of Byrne v Van Tienhoven (1880) 5 CPD 344. A further implication of this case is the effect of the postal rule, such that unlike the postal rule of acceptance (Adams v. Lindsell  B ALD 681), revocations sent via post are not considered to have been communicated to the offeree until after it has been brought to the mind of the offeree (Henthorn v. Fraser  2 Ch. 32, 37), indicating a stricter application in the need for the offeree to actually have knowledge of the act. Conversely, a revocation can be communicated to the offeree via reliable third parties. In Dickinson v Dodds (1876) 2 ChD 475, it was held that once the person to whom the offer was made knows that the property has been sold to someone else, it is too late for him to accept the offer.While the aforementioned rules apply to the revocation of offers for bilateral contracts, it is necessary to acknowledge that revocation is also possible for unilateral contracts. However, since unilateral contracts do not require acceptance from the offeree but performance in order to be enforceable, an offeror’s revocation, to be valid must be given before the offeree commences performance (Errington v Errington  1 All ER 149).A contract is an enforceable agreement, which gives rise to a set of obligations between two parties duly recognized by the law (Treitel 2003, p. 1). As an important safety net to protect parties’ interests, avoid conflict, or at the very least, ensure that conflicts can be resolved properly. contracts serve an important purpose in guiding the conduct of business between individuals. In order to be enforceable however, both parties of the contract must indicate assent to be bound by its terms.
The action of Bob resulted to the loss of life of a disabled person. Under United s law, Bob committed a serious crime, which is considered as felony. Bob could be charged of committing murder or manslaughter. According to the United States law, murder is regarded as the intentional act of killing another person (Siegel, 2008). This implies that the defendant had premeditated and had time to consider his actions with the intention of taking another persons life (Siegel, 2008). From this statement, it is not clear whether Bob was mentally sound, but in law, he did not have the legal authority or reason to act in the way he did. Bob action can be considered to be well thought before committing the crime because he carried a pistol with him to the hospital to see his father. A loaded pistol by any definition is a lethal weapon and the action of carrying it to the hospital, a place that does not present any reasonable threat to his life or that of his father is an indication of his intention to kill. In this case, his action amounts to murder and he is guilty of first-degree murder if it is not proved that, his terminally ill father requested Bob to shoot and kill him. However, if his father requested Bob to shoot him in the head and kill him, Bob’s action amounts to the crime of assisting self-murder and hence he would answer to the charges of manslaughter. According to Jordan, Van Dyke and Malone (2008,) helping someone to commit suicide is a criminal offense in the United States. In this case, if it is established that Bob assisted his father to commit suicide by obeying his request to shoot him, he is guilty of second-degree murder. The laws governing assisted self-suicide vary in different states across the US, and Oregon is the only jurisdiction in the world that allows doctors to assist terminally ill patients to commit self-suicide (Siegel, 2008). References Jordan, P., Van Dyke, M. Malone, L.(2009). International law and litigation in the U.S.: American casebook series. (3rd Ed). New York: West Publishers. Siegel, L. Criminology. (2008). Bedford, New Hampshire: Cengage Learning.
In this sense, the word is closely associated with fi?h which signifies academic discussion of divine law. The moral concept of Sharia laws is based on the premise that the rights of God’s creation cannot be violated. Human rights, if violated, must be compensated by laws. The greatness of Sharia lies in the fact that it is based on a well-defined concept of human rights. Violation of the rights of God (Haq-al-Allah) may be forgiven. But violation of human right cannot be forgiven until it is forgiven by the one whose rights have been violated. There is another greatness of this law that everyone, either rich or poor, is subjected to this law equally, as the Quran says, You who believe! stand out firmly for justice, as witnesses to Allah, even as against yourselves, or your parents, or your kin, and whether it be (against) rich or poor (An-Nisa, verse 135). This moral basis of Sharia evolves from the view that everyone is equal in the eye of God. Sharia deals almost all aspects such as religiosity, sexuality, diet, prayer, hygiene, crime, economics, politics and innumerous others, of a man’s, particularly a Muslim’s, personal and communal life. … But man-made laws cannot do this. When the legal system of a western country sentences a murderer to death, such legal system does not advocate for any code of manner which can keep a man away from crimes like murder. Again Sharia is free of many contradictions that other man-made laws hold in their hearts. One of such contradiction is: when the European countries do not permit death penalty, death penalty is permissible in the United States. Again there are a number of countries that assign their presidents with the power to indemnify a criminal who has already been convicted in the court. When the sole intention of law is to protect people’s right, such presidential power, in the very first place, can easily violates human rights. Also this dual application of law appears to be not only self-contradictory but also discriminative. Sharia does not permit such discrimination in the application of law. Prophet Muhammad’s rule, in the Islamic State of Medina, was free of such discrimination. Once, a woman, a close relative of Muhammad, was convicted of the guilt of theft and she was punished according to Sharia. Referring to indiscriminative approach of Sharia, the prophet says, The people before you were destroyed because they used to inflict the legal punishments on the poor and forgive the rich. By Him in Whose Hand my soul is! If Fatima (the daughter of the Prophet) did that (i.e. stole), I would cut off her hand. (Bukhari Vol 8, Book 81, Number 778) Again Caliph Omar, a prominent ruler of Arab during the early 8th century, himself punished his son Abu Sammah to death for accosting –probably raping- a Jewish woman. (Kadri, 2011:89) The difference between Sharia and other laws is that when other laws offer only punishment, Sharia provides
Constructive trusts arise by operation of common law principles and are by and largely implied by circumstances and facts particularly in respect of the conduct, statements, and intention of the relevant parties where applicable. The most common circumstance in which a constructive trust may arise is when a party makes some contribution toward the intrinsic value of the property with the understanding that he will acquire some interest in that property. These kinds of circumstances usually arise in and over the respective interests of co-habitants of a dwelling house. In these types of scenarios, a constructive trust may be imposed upon a trustee.Lord Diplock defined the circumstances in which a constructive trust will be imposed. He maintained that there is no real distinction between the concept of resulting, implied, and constructive trusts. Trusts of this nature are:…created by a transaction between the trustee and the cestui que trust in connection with the acquisition by the trustee of a legal estate in land, whenever the trustee has so conducted himself that it would be inequitable to allow him to deny to the cestui que trust a beneficial interest in the land acquired. And he will be held to have so conducted himself if by his words or conduct he has induced the cestui que trust to act to his own detriment in the reasonable belief that by so acting he was acquiring a beneficial interest in the land.2In this case, Gissing v Gissing offers a comprehensive understanding of the nature of constructive trust and the manner in which it will arise in equity. The facts and circumstances of this case lend itself to the development of the law regarding intention and the interpretation of the intention.Gissing v Gissing was a case where the legal title to the matrimonial home was held in the husband’s name only. The court had to determine whether or not the husband held the legal title as trustee for both himself and his wife. And if the court was satisfied with the facts that the husband was a trustee, how should the beneficial interest in that property, to be divided.
In most cases, trade union acts are considered legal if they are performed by the employees after office hours or during office hours with the consent of the employer. In our case at bar concerning Sarah, the first thing that we need to look into to determine the legality of the actions of Sarah is the nature of her employment at Uptown CollegeIn the facts of our case, Sarah is a Senior Lecturer in the college. According to section 230(1) of the Employment Rights Act of 1996, an employee is an individual who has entered into or works under a contract of employment whereby that person subjects her/himself to the following circumstances and factors of employment namely, control which includes the duty to obey lawful orders of the employer, the integration which includes the grievance procedures, a business reality which includes the payment method and mutuality of obligation which include the right to refuse to work ( Burchell., Deakin and Honey, 1999).Since the rights of workers and employers are widely based on case laws and not on statutory laws, we must now rely on the Where the employee entered into a contract with the employer, the provisions of the contract of employment shall now govern the relationship between the employer and the employee. In the case of Sarah, the provisions of her contract of employment shall now govern. Where the terms of payments are clearly defined in the contract of employment, the employer and the employee are bound to honor the provisions of the contract.On the other hand, according to the principles of mutuality of obligation, Sarah cannot negate her duty to perform her task and still get the same compensation from her employer. Even where the contract of employment signed between Sarah and the University did not contain a mutuality of obligation clause, the obligation to deliver what is due to the parties is implied in the contract. According to the rulings of the court in the case of Stevedoring Haulage Services ltd. v Fuller 1, the general practice of employment of the company can be used as the basis for establishing the mutuality of obligation between the parties.
This means that this partnership agreement will be in line with the partnership act of businesses operating in Australia. Further, they inform the solicitor that they are equal partners Partnership Act 1963 (ACT, section 6(1). John and Jenny are in partnership as the formation of a partnership requires a written or verbal agreement. This two people have a written agreement of partnership prepared by their solicitor. They open a joint account in which they use for the business transaction. This is not a requirement of a partnership. However, for the success of the business it is necessary to have a business account. A partnership is not a legal entity thus a business account will have to be a joint account of the members (Bentley v Craven (1853) 18 Beav 75. 52 ER 29). After a partnership formation, there are legal consequences. The liability of the partner is unlimited. This means that, in the case of Jenny and John they are responsible for the business debts. The recovery of business debts wills extend to the personal properties of the two partners. This will happen in the event that shares in the business are inadequate to cover business liabilities. This partnership between Jenny and John, it is jenny who involves in the day to day running of the business. Therefore, Jenny works as a general partner while John operates as a dormant partner. The two partners meet regularly to discuss the progress of the business. This means that John is aware of how the business if fairing on though he is not an active participant in its operation. John as a partner in this business is liable for the decisions that Jenny makes on a daily basis. If the business, incurs loses or profits the two partners will share them equally. The two partners have been sharing the proceeds of the business from time to time on an equal basis. They share the profits equally though Jenny works full time in the business and does not receive a salary while John works irregularly on weekends. This business is failing in its operation. In addition, the relationships between the two partners deteriorate. They decide to dissolve the business, and ask their solicitor to terminate the partnership. However, the two partners continue to operate the business much the same way as before dissolution. In effect, this implies that the partnership has not been dissolved. This is because, for a partnership to be dissolve the partners withdraw their shares and the business operation ceases (Lipton et al., 2012). Alternatively, the partners sell their shares and the business continues to operate, but as a new partnership. John had ordered for fixture and fitting for use in the business, in his own name but did not make payment for them. This he did in anticipation of the start of the business. The fixture and fitting have been in use, in this partnership business. John wants Jenny to participate in payment of this debt. Jenny declines, saying she has been working for the partnership without payment and that John should settle the debt (Lipton et al., 2012). Legally John and Jenny are in a partnership though they assume that they have dissolved. Accordingly then, they are both liable to make payment for this debt though its acquisition is in the name of John. This is because the fittings and furniture acquisition was for business purpose. The partnership act stipulates that debts incurred by a partner even without the knowledge of the other partner are the responsibility of all partners. Therefore, Jenny as a partner in business with John can be sued individually for this debt Partnership Act
The inductive reasoning is intuitive and majorly a result of guesswork. For this reason, inductive reasoning is said to be probabilistic (Hacking, 2001, p.38). The conclusions obtained from the specific examples are analysed to form a general proposition that is a probabilistic one. The general rule that is formed as a result of inductive is subject to test and the outcome of those tests could not be guaranteed. The concept of inductive reasoning was developed by the Scottish philosopher David Hume. Hume stated that the daily habits of human beings are the reflection of the uncertain conclusions that are derived from the limited experiences (Dewey, 2008, p.47). Thus the general principles developed are not tested and derived but are the outcome of specific events in life. This is where inductive reasoning is significant. There is no scope of drawing logical conclusions that could be guaranteed through inductive reasoning. Inductive reasoning could be termed as bottom-up reasoning. … Deductive reasoning links the premises to the derived conclusions. The conclusions drawn from the general principles through deductive reasoning could be validated by specific examples. The conclusions derived from the general propositions are true for any individual event that is an application of the general rule (Descartes, 2006, p.26). The laws of syllogism provide one form of logical reasoning that helps in the logical deduction of conclusions from the general statements or propositions. The general statements being given, a hypothesis is designed which is tested in order to reach a logical conclusion. There are two other laws, namely the law of detachment and the law of contra-positive that are used in the process of deductive reasoning. Deductive reasoning could be explained with the help of the following example. The general propositions considered in this case are: All tables are chairs and some tables are fans. From the given two statements, it could be deduced logically that some chairs are fans. This conclusion has been deducted with the help of the given two statements and applying the laws of syllogism. Thus a specific instance has been drawn though deductive reasoning from the two general statements (Bacon, 2009, p.67). Distinction between validity and truth The process of deductive reasoning considers the general propositions and designs a hypothesis in order to logically deduce a conclusion. The conclusion drawn from the general statements are valid logically and are considered to be true. The premises or the general propositions are considered to be true for the purpose of logical deduction. The hypothesis is for the purpose for the logical deduction of the
Directives are applied by virtue of the doctrine of Direct Effect which can be applied vertically or horizontally. Vertical Direct Effect is applicable against the Member States and its agents in the event a directive is either improperly implemented by a Member State or not implemented within the timeframe provided for its implementation. Direct Horizontal Effect applies between citizens within the European Community and is only applicable if the EC Directive has been properly implemented.3 The ineffectiveness of the Direct Horizontal Effect has been the subject of much debate among jurists and academics alike.Instead, it is a principle of law formulated and developed by the European Court of Justice. The original rule was formulated by the European Court of Justice in the case of Van Gend en Loos v. Nederlandse Administratie der Belastingen (Case 26/62).  ECR 1. In this case, it was held that individual rights conferred upon the individual by virtue of EC law should be enforceable in the national courts. This right, however, was qualified in the following manner:…wherever the provisions of a directive appear…to are unconditional and sufficiently precise, those provisions may, in the absence of implementing measures adopted within the prescribed period, be relied upon as against any national provision which is incompatible with the directive or in so far as the provisions define rights which individuals are able to assert against the State.Ideally, Directives have the force of law throughout the European Community. In fact in Van Duyn v Home Office, the European Court expounded upon its previous ruling in Van Gend en Loos v. Nederlandse Administratie der Belastingen setting the tone by holding that Directives are unconditional if they were capable of strict application and not subject to an element of judicial navigation.
The description of decolonization by Cesaire in his work Discourse on Colonialism The capitalism associated with the colonization did not establish any concept of assuring those who were colonized of their rights nor did it impart a system of individual ethics in them as thought (Cesaire 37). These were the ideals that bourgeois following Hitler teachings of, tried to pass onto people colonized in the guise of civilization. Colonization therefore never happened out of innocence and all efforts were used to subdue the locals in some instances through butcheries and massacres. For example, the French through the leadership of Colonel de Montagnac justified invading and capturing Algeria through massacring and maiming a large number of the population resident there. Similarly, General Gerard captured Ambike by shooting all the inhabitants of the particular town and razing it (Cesaire 40). The effect of colonization on the colonized has been minimal, as .none of the nations that were colonized has appreciated the civilizations. The colonized do not feel that the colonialists brought any form of security or the rule of law but see some form of cruelty and sadism in the way the civilization was introduced (Cesaire 42). Imperialism through the colonialist played a key role in destroying the societies they found in place by making the citizens they found there undergo a lot of suffering and torture. This is contrary to how they found the societies in the sense that the societies that were colonized had lived communally and was not capitalist in nature. neither were the societies run in an autocratic way as they have developed afterwards and in the course of the colonization (Cesaire 44). Mohandas Gandhi in The Practice of Satyagraha advocated for self-rule by the Indians through a concept known as which would bring a society free of exploitation and void of civilization based on mechanization that the Europeans had used to enslave most parts of Asia and Africa. Since 1919, emboldened by the Wilsonian doctrine of self determination, Gandhi had always wanted independence from the British colonial rule (Gandhi 227) but they strongly opposed it as they desperately wanted to hold onto the Indian sub-continent due to its strategic location and resources. Gandhi had realized that the British government played a trick of divide and rule as a way of colonizing India by playing the differences of the Hindu with the Muslims and therefore he added for their cooperation to defeat the British colonial rule through non-violent protest. In 1997 the Congress Party of India won the elections attributed to the efforts of Gandhi and later India was able to get her independence from Britain in 1946 (Gandhi 228). Satyagraha excludes the use of force or violence for any form of resistance but relies on the people exercising restraint by being humble and seeking the guidance of God in the struggle (Gandhi 230). This means that there is resistance but the non-cooperationist strives to translate ideas into action relying on the correctness of his position. Though there were Indians both of Hindu and Muslim religion who advocated for violence as a means of the struggle, Gandhi strongly opposed it as it was not justified in the teachings of the Mahabharata and the Koran unless necessary
In this regard, what Larry will be banking on is his ability to convince a court of law that Tom acted either against the law or against the agreement. In terms of the agreement between Larry and Tom, it can be proven, albeit not beyond doubt, that Tom knew all too well that he was breaching the contract. This can be evidenced by the fact that he had tried to ask Larry to allow him to change the property before altering its look. Tom acted in a way that is less than legally acceptable by setting up the meeting to discuss the matter and then choosing to go on with the repair work even before actually meeting with Larry. For this reason, Tom is in breach of the agreement between him and Larry and that shows that he had motive and intension to ignore the agreement. Apart from ignoring the agreement of the lease, Tom is also in contempt of law for the law does outlines clearly that such repairs to a leased property must not reduce the value of the property. While the law does protect the lessee from being forced to pay for any damages caused by such repairs, this must only happen within the provision of the law, which clearly stipulates that such repairs are not to be carried out, unless with an express permission by and from the owner of the property related to the case. Does Larry have the right to be compensated for the financial loss?The damages would not be limited by section 112 of the constitution unless Tom can prove himself not guilty of the breaching the contract…. This can be evidenced by the fact that he had tried to ask Larry to allow him to change the property before altering its look. Tom acted in a way that is less than legally acceptable by setting up the meeting to discuss the matter and then choosing to go on with the repair work even before actually meeting with Larry. For this reason, Tom is in breach of the agreement between him and Larry and that shows that he had motive and intension to ignore the agreement. Apart from ignoring the agreement of the lease, Tom is also in contempt of law for the law does outlines clearly that such repairs to a leased property must not reduce the value of the property. While the law does protect the lessee from being forced to pay for any damages caused by such repairs, this must only happen within the provision of the law, which clearly stipulates that such repairs are not to be carried out, unless with an express permission by and from the owner of the property. Does Larry have the right to be compensated for the financial loss? The damages would not be limited by section 112 of the constitution unless Tom can prove himself not guilty of the breaching the contract. Because the lessee did not act in accordance with the same section of property law by making repairs that were, against the spirit and letter of section 112, bound to not only significantly change the leased property but also to reduce its value, regardless of how much the reduction was, this means that therefore any further damages that can be directly associated by this act can be said to have been caused by Tom. This means that the lessee will not and must not be protected by section 112
Because of the nature of their task, they are also charged with monitoring and ensuring no harmful materials get smuggled into the US or any other country that uses the same structure. It is through these customs that a country also controls trade with other countries as well as immigration and emigration and through which the data on the same is collected and stored. This agency is being privatized due to corruption cases in some countries (Chowdhury, 2006).The US forest service is headed by the Secretary of Agriculture for Natural Resources and Environment. Its original mother agency is the US Department of Agriculture. It is divided into. National forest system, state and private forestry Business operations and the research and development. The agency ensures the protection of the natural forest from illegal logging, fires, and working towards ensuring a sustainable environment. The organizations here are further subdivided into national forests, districts forests, region forests, research stations, and private forestry (Egan, 2009).This agency gathers secrets or intelligence data, analyzes them to give useful information. This duty may be different depending on a country and so is the name. The United States Secret Service operates under the US Department of Homeland Security from the year 2003. Before then, it was under the department of the treasury. It is headed by the executive director and answers to the White House. The agency protects US-designated leaders, prevents currency fraud, cybercrimes, impersonation, money laundering, and major protection of US President and vice president and their families (Adams, 2013). It has about 136 field offices with its headquarters being in Washington DC.This is also called gambling in some sectors and is charged with the responsibility of regulating casinos and other gaming businesses by enforcement of gaming law. They define how the gaming activities are to be done by licensing which is a little regulated compared to other businesses.
The final section is the conclusion and recommendations, in which the issues are wrapped up and the recommendations are put forth. The recommendations are basically that more countries need to be a part of the treaty, the countries that are a part of the treaty need to have their law harmonized, and businesses need to take security measures more seriously. Introduction The advent of the Internet has brought a variety of threats, and the biggest threat is that of cybercrime. Cybercrime can be anything from hacking to copyright infringement to possession of child pornography. The European Council has attempted to address the threats by implementing a treaty that was signed by some 22 countries and ratified by 23 more. Known as the Convention on Cybercrime, this treaty sought to harmonize domestic laws for the member states, while making prosecution of cybercriminals ostensibly easier, as the offenses became extraditable and the nations agreed to work together to help one another fight these crimes. While this treaty has done some good, in that it has served as a model for other countries that were not signatories to the treaty, it has its flaws as well. One of the major flaws is that it does not encompass countries that have the most problems with cybercrime. Another flaw is that the countries that have signed the treaty or ratified it have not implemented the provisions in a uniform fashion, or at all. What this means is that cybercrime is still a problem. How much of a problem it is will be examined by looking into the UK, and assessing the damage that cybercrime has done to its economy. As the UK is a developed country that should be able to combat cybercrime better than most countries, it is a good bellwether as to how serious cybercrime still is. And the numbers are not good. 1.0 The Council of Europe Convention on Cybercrime – What it is, what it does, and its limitations 1.1 What it is The Council of Europe Convention on Cybercrime (hereinafter treaty) was a treaty that was signed in 2001 that essentially internationalized cybercrime law.1 The treaty was necessitated by the fact that computer crime was not pursued vigorously by many countries, and this treaty attempted to address this problem by harmonizing criminal law regarding cyber crimes and commits the signatories to use their domestic laws to more vigorously pursue these crimes. 2 The provisions of the treaty were enacted in 2004, with 22 countries signing the treaty and another 23 countries ratifying it.3 While it was prepared by the Council of Europe, it was prepared with the participation of the United States, Japan, Canada and South Africa.4 It has also served as a model law for countries that are not signatories to the treaty, as these countries are using the provisions of the treaty as a guidelines for their own legislation.5 Title I of the Act essentially forces the member states to use their domestic laws to make certain actions criminal. It required the parties to the convention to use their domestic laws to criminalize an individual accessing a computer without having the right to do so. It also stated that a member may require that the individual accesses the computer by breaching security with the intent to steal data or another dishonest intent.6 Hence, the treaty left it open to the signing countries – if they wanted to make their laws state that any kind of unauthorized access is
According to the fictitious Act that has been used for his arrest, if Derek is defined as an employee than he is considered exempt, but if by throwing a party he has acted independently of that definition, then he is guilty of the charges. The following discussion will consider the position of Derek in relationship with his charged offense and use the rules and principles that judges utilize in order to make a judgement about the problem of the party. The definition of Derek’s position in relationship to his use of the land is vital in order to come to a well rendered conclusion. Judges and the Law The interpretation of a law becomes common law when a statute does not directly address an aspect of a situation that comes for judgment and a ruling will help to define that aspect. A judge, however, will not come into contradiction with a standing law in order to favor a different outcome to a trial (Miller and Cross 2011, p. 12). The intention of this structure is so that the law is consistent to the point at which it has already been defined, but is flexible at the points that have yet to be defined. In this way, the law grows and benefits from the learning process as human experience is developed and knowledge is gained. One of the most debatable positions on the standard of the rights of judges to debate the merits of law is through the the rule in Heydon’s Case which was defined in 1584. Lord Coke said at that time that The office of all the judges is always to make such construction as shall suppress the mischief, and advance the remedy, and to suppress subtle inventions, and evasion for continuance of the mischief and pro private commodo, and to add force and life to the cure and remedy, according to the true intent of the makers of the Act, pro bono publico (Solan 2010). This statement, whether or not one believed in the context from which it was created, clearly states that the law is the intention of interpretations by judges. There are fixed rules and principles by which law is interpreted by judges in England in order to put limitations on the liberties that judges might use when interpreting statutes. A statute must be interpreted with equity so that the fairness of the law is the defining principle upon which it is interpreted. Where case law and legislative law come into conflict, Parliamentary Sovereignty is the ruling principle in which legislation will be considered over case law. Substantive law dictates that a law must be defined by standards of moral intent that are in line with the general understanding of right and wrong. Deference suggests that where others have interpreted law in one direction, it is likely that the law should continue in that direction of interpretation (Smith 1848, p. 828). Derek’s Position: Discussion The fictitious Prohibition of Unsolicited Parties Act 2010 suggests that ‘a gathering of more than a hundred people on land for a social purpose in which alcohol will be consumed’ (section 1) is a criminal offense when permission for this event has not been organised under the permission of a local magistrate (section 2). The exception to this, which is laid out in section 3 is that the occupant of the land, his family, his employee, or an agent operating under his
cal opinion, is outside the country of his nationality, and is unable or, owing to such fear, is unwilling to avail of the protection of that country, or who, not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it. Australia ratified the Convention on January 22, 1954, and the 1967 Protocol on December 13, 1973.In the case of Gerry Hagger who has been previously refused the grant of protection visa by the Department of Immigration and Australian Citizenship (DIAC), the next step is to resort to an application for review by the Refugee Review Tribunal (RRT). Although Hagger has a substantial ground for alleging persecution and afford himself an Australian protection visa, there are also a significant number of factors that will weigh down against granting him such kind of visa under the Australian Migration Act of 1958 and the Migration Regulations of 1994.Protection visas are initially treated under s 36 of the Migration Act of 1958, and one of the criteria for the granting of this kind of visa is s 36 (1) (a) where the applicant is a non-Australian and he or she satisfied the Minister that Australia is obliged under the Convention to extend to him the status of refugee. The obligation to extend a person’s protection is determinedby the definition of a refugee under Article 1 of the Convention. The determination of a person’s right to be granted a protection visa under Australian migration law does not however stop at Article 1 of the said Convention. Once such determination is made, the Migration Act of 1958 requires several qualifying factors to finally make such a person worthy of a protection visa. For one, under s 36 (4) (5 ) and (6), the applicant for refugee status must have seriously sought refugee status in other countries where he or she had previously resided or entered unless he had fears that he or she will be prosecuted in those countries.
Manslaughter is the unlawful killing of a person but without malice aforethought. Manslaughter, therefore, has minimal moral blame as compared to first degree or second-degree murders. It has a lesser punishment than murder, but it also regarded as a serious crime (Berman Para 1).Manslaughter has two main variations namely voluntary and involuntary manslaughter. Voluntary manslaughter also called ‘heat of passion’ occurs when an offender is compulsively provoked or. when the offender kills due to the heat of passion caused by provocation. The heat of passion arises when a person had a reasonable time to calm down but instead killed intentionally. The offender’s moral blame is reduced due to the emotional context the offender encountered (Berman Para 2).Involuntary manslaughter arises when a person commits unintentional homicide due to the person’s reckless or criminal negligence behavior. It can also take the form of unintentional killing due to the commission of a crime which is different from the felony. Contrary, accidental killing due to severe recklessness can lead to second-degree murder (Berman Para 2).Murder is defined as the intentional killing of a person unlawfully and with aforethought malice. However, malice aforethought cannot always be termed as intentional killings. It only exists if the killer inflicts serious bodily harm to the victim that leads to his or her death or. reckless and extreme behavior that disregards human life leading to the victim’s death (Molan 34).In the court of law, murder can be classified as either first degree or second-degree murder. First-degree murder occurs when the killers had malice aforethought and their actions having a serious effect than others. The killings that involve malice but do not constitute first degree, is the second-degree murder. Every state has jurisdiction as to the scope of the first-degree murder (Molan 35).In first degree murder, the killing is premeditated and deliberate. This means that the killer had the intention of killing and also had the time to plan on the occurrence of the illegal act.
OPEC was founded in Baghdad, triggered by a 1960 law instituted by American President Dwight Eisenhower that forced quotas on Venezuelan and Persian Gulf oil imports in favor of the Canadian and Mexican oil industries. Eisenhower cited national security, land access to energy supplies, at times of war. When this led to falling prices for oil in these regions, Venezuela’s president Romulo Betancourt reacted seeking an alliance with oil-producing Arab nations as a preemptive strategy to protect the continuous autonomy and profitability of Venezuela’s natural resource: oil (Perkins, 2005).As a result, OPEC was founded to unify and coordinate members’ petroleum policies. Original OPEC members include Iran, Iraq, Kuwait, Saudi Arabia, and Venezuela. Between 1960 and 1975, the organization expanded to include Qatar (1961), Indonesia (1962), Libya (1962), the United Arab Emirates (1967), Algeria (1969), and Nigeria (1971). Ecuador and Gabon were members of OPEC, but Ecuador withdrew on December 31, 1992 because they were unwilling or unable to pay a $2 million membership fee and felt that they needed to produce more oil than they were allowed to under the OPEC quota. Similar concerns prompted Gabon to follow suit in January 1995. Angola joined on the first day of 2007. Indonesia reconsidered its membership had become a net importer and being unable to meet its production quota. The United States was a member during its formal occupation of Iraq via the Coalition Provisional Authority (Yergin. Perkins, 2005). Indicating that OPEC is not averse to further expansion, Mohammed Barkindo, OPEC’s Secretary-General, recently asked Sudan to join. Iraq remains a member of OPEC, though Iraqi production has not been a part of any OPEC quota agreements since March 1998. In May 2008, Indonesia left the OPEC group because of the soaring prices and the rising oil demand in East Asia. Economists think that the withdrawal of Indonesia will have little effect on OPEC and on oil prices even though it has a high percentage in world oil production (Kohl, 2002. Perkins, 2005).
An older dimension of the ideology that judges do not make law is captured in saying that judges find or declare law but do not make it.2 The question of whether judges make law or find and the arguments relating to this question is hinged on the roles of the three major organs of the government. the executive, judiciary, and legislature. It is argued that the legislative branch of the government has the mandate of creating the law.3 Nonetheless, it is true that the executive branch can make the law through executive orders which operate as law, and so can the judiciary branch make the law. While it is generally known that the judiciary is mandated to interpret law, it has over the years asserted its authority and has established itself as an equal branch of the government that can make law.4 Case law is a common example of the law that is created by the court system or the judiciary. Case law can be defined as the sum of body of cases that creates a body of law or jurisprudence on a certain subject distinct from legislations and other sources of law. Case laws interpret regulations, constitutional provisions, and statutes. Strasbourg jurisprudence recognized the powers of the courts to make laws.5 In R v Governor of HMP Brockhill Ex parte Evans (2000), it was held that even in the criminal law, the domestic courts can develop law through judicial interpretation of a case or more.6 So, are judges really law makers or are merely law finders? The fact that the main role of the judges is to interpret and apply existing law in a particular case is undisputable. Therefore, judges are supposed to find any existing law that is relevant to a case at hand and apply it to make legal decisions. In this case it can be said that judges are law finders rather than being law makers because they have to find law.7 The doctrine of separation of powers stipulates that each branch of the government should not interfere with the mandate and roles of the other branch and each branch should be allowed to operate independently. In this respect, the court system should interfere with the legislature’s role of making the law.8 Instead, it should preoccupy itself with the role of interpreting the law. However, it is an appreciated fact within the legal fraternity that the legal system is dynamic and keeps on developing and so does the role of the judges. As such, it is expected that the role of the judges should not be confined only to finding laws and applying them, but rather to make law where necessary and leave their own legal imprint in the legal system.9 In common law countries, the case law left behind by the judges is used in applying to other cases that relate to the previous ones based on the doctrine of judicial precedent. It has been argued to a greater extent that the doctrine of judicial precedent is an indirect way in which judges make law.10 In common law countries and democratic states, the role of judges is perceived to be active and creative rather than passive. This explains why they have a special place in the judiciary branch of government. Apart from being expected to interpret the law, they are also expected to contribute towards the growth of the legal system of their countries through their knowledge, skills, experience, and creativity.11 Whereas the
Legislative issues arising from the legislature are resolved in the high courts of Australia. The governor-general takes leadership roles in both the executive and the legislature. However, he does not have such power over the judiciary ((Chisholm Garth 2012, 140). This makes the judiciary part of the government independent from the other arms of government and this ensures that justice is served if the persons serving the other arms of the government misbehave. Court Hierarchy in Western Australia The highest level of the court hierarchy in Australia is the high court. This court deal with court appeal cases from the lower court bodies such as the supreme courts, the federal courts, family courts and the full court. The high court has a special role of dealing with cases of great significance to the federal government which includes challenges to the legitimacy and constitutionality of legislature decisions. Below the high court we have the federal courts which delegates on civil matters. These courts can be presided over by a full court of three judges or a single judge. The family courts is the third type of court in Australia an deals with family and marriage related cases together with the cases related to rights of children born in Australia. Below this we have the federal magistrate courts dealing with cases of minimal complexities. These include cases arising from civil rights, family law, industrial law and bankruptcy. After this comes the federal tribunals that have been created to deal with specific cases related to immigration, native title, human rights and industrial relations ((Chisholm Garth 2012, 156). Lastly we have the state courts that deal with issues unique to each state. These are further subdivided into supreme courts, intermediate and lower courts, special courts and tribunals. Alternative Dispute Resolution There are various alternative dispute resolution methods that are used in conflict resolution. One of the techniques is arbitration where two conflicting parties seek the help of a third party (arbitrator) whose decision they decide to comply with instead if taking a case to court. The arbitrator is expected to be impartial and should not take any sides. This method is cheaper and faster than a court proceeding. However, it may be difficult to resolve the issue in cases requiring high level of expertise that the arbitrator does not possess. Conciliation is another alternative where the conciliator meets with each party in a conflict separately. Mediation is another technique where the conflict parties seek the help of a mediator who develops a settlement that works for both parties ((Chisholm Garth 2012, 138). Tribunals are like informal courts where disputes in different areas are resolved outside a formal court system and are also quick. All these methods have been seen to be effective in reducing the reoccurrence of the same conflicts. This is because all the parties involved get chances to influence the final decision and get a settlement that works for them. This is unlike when the conflicts are resolved in a court where the parties are forced to abide by the court orders whether they agree with the decisions or not. Role of Specialized Courts and Tribunals The special courts and tribunals are part of each of the states court system and deal with special issues that affects people
Everyone must have experienced profiling at least once in his/her life, but primarily persons are targeted. Such profiling is exercised by people in authority including school administrators, security personnel, criminal justice and law enforcement agencies. Police profiling is a type of racism carried out by the police officials against the offender. It has been seen that this problem has been prevalent in even the most developed parts of the world and it becomes the main reason of discrimination against the civilians. The police department is considered to be one of the most influential departments in all the countries and, hence, racial profiling by this department can lead to many problems within the infrastructure of the country. Recently, the congressman Keith Ellison picked a fight against the department by voicing his concerns for the Muslim Americans. Ellison stated: Racial stereotyping is simply not good policing.. It threatens the values Americans hold dear. He argued that he himself was a target of this discrimination and wanted the relevant authorities to take into notice the current problem going inside one of the most developed countries in the world (as cited in Diaz 2012). Racial profiling threatens our fundamental principles. Racial profiling by law enforcement agencies and the associated prosecution of people of colored skin is one such example. It targets people on artificial basis of color on matters of law enforcement, causing hindrances in policing efforts and making law enforcement agencies lose their credibility within the community which they have vowed to protect and serve. The police force is looked up to maintain fairness and justice in a society. the disgraceful exercise of racial profiling has caused people to fear the system. This unjust practice remains stain on democratic nations and an insult to the claims of racial equality. It is, however, imperative that the origins of racial profiling by the police force and criminal investigators are highlighted. In the 1950s, a high-profile officer at the Federal Bureau of Investigation, Howard Teten, introduced and popularized the mere notion of racial profiling by analyzing the attributes and traits of the criminal, his past records and the situation at the crime scene. This practice of profiling, even though stereotypical in nature, spilled over to the police force with time. Since September 11, 2001, racial profiling has grown and the Obama administration and FBI guidelines have been codified by these practices such as the dishonorable treatment of Muslims and Arabs as suspects, denying them equality of innocence and protection under law. What has been more disturbing is the federal government’s backing of record searches of immigrants, such as Latino and Mexican communities, by the local law enforcement agencies. Because any legal cure for racial discrimination by law enforcement presently necessitates specific evidence of committed to discriminate, it is exceedingly problematic, if not impossible, for single sufferers to voice
It is hard to see how it could ever have been maintained, except by those whose minds were prejudiced by predetermined opinions regarding the proper functions of tragedy. The whole tone of the play is against it. Right from the beginning to the end the reader’s/spectator’s sympathies are enlisted on the side of Antigone and in favor of the belief that human law must give way to the divine promptings of the ethics.Midway through the play, the Chorus makes an appearance on the scene to announce that the tragedy has begun. His speech offers a meta-theatrical commentary on the nature of tragedy. Here, in an obvious reference to Jean Cocteau, tragedy emulates the workings of a machine in perfect order, blithe and automatic in function. The candid and desultory event sets it on its unalterable march: in some sense, it has been lying in wait for its medium. Tragedy belongs to an order outside human time and action. It will advocate itself in spite of its players’ agenda and their attempts at involvement. Many critics allude to the ambivalent nature of this suspense. As noted by the Chorus, in tragedy everything is in the past. The spectator has abdicated, masochistically, to an array of events it abhors to watch. Suspense, here, is the period before those events actual realization.Having compared tragedy to other media, the Chorus then sets it off circuitously, particularly in the mode of melodrama. The tragedy is manifest as docile, cogent and eminent, free of melodramatic stock characters, dialogues, and other confrontations. All these are exigencies and hence inevitable.
Nevertheless, since this portion, called ‘1002 Area’ after the ANILCA section, has been considered as a probable source of oil and gas because of its proximity to the Mackenzie Delta, an area which has been found to have such resources by Canadians. In 1995, the two legislative bodies of the US government passed into law the Budget Act, which also includes an approval of the development of the ANWR 1002 Area. However, President Bill Clinton, under pressure from environmentalist groups, decided to veto it. Since then, the issue of further exploration and the possibility of extraction of oil and gas in the ANWR have become the subject of intense debates among environmentalist groups and proponents of petroleum and gas exploration. With the constant fluctuations and increases in the prices of crude oil in the world market, the increasing domestic demand for it, and the recurring peace and order problems in the Middle East, the debate on the issue has intensified even further.The ANWR oil drilling issue has even reached the point that it has become an agenda for national elections. Both the Republicans and the Democrats have used their respective stand on this subject as part of their strategies in gathering political support for every electoral contest they participate. The Democrats have held the stand of opposing oil drilling in the area since President Clinton. (Douglas) On the other hand, the Republicans have been pushing for the opening of the 1002 Area for exploration and eventual extraction. However, the political noise generated by the debate on this issue between the Republicans and the Democrats have only blurred further the merits and demerits of oil drilling in the ANWR.
One of the central themes that revolve around this pamphlet is how the government creates stratification and restricts vices among its people. Paine wrote, And as a man, who is attached to a prostitute, is unfitted to choose or judge of a wife, so any prepossession in favour of a rotten constitution of government will disable us from discerning a good one. (Paine). More so, he points out that the constitution leads the people but the constitution of the government is rotten and this cripples the society of the capability to make good decisions and establish a better future for its self. As Paine establishes the wickedness of establishing a government, he also described the even more wicked form of it – that is monarchy, a form of government ruled by a single individual. Since Paine finds the government as a necessary evil, the act of having a king as a head of the government even makes it more malevolent as government per se. According to Paine, there is another and greater distinction for which no truly natural or religious reason can be assigned, and that is, the distinction of men into KINGS and SUBJECTS (Paine). He pointed out that men and women were distinct by nature and that good and bad were distinct by heaven. He understands that the distinction of the rich and poor have been triggered by various circumstances yet, he questions the ways and reasons how have this distinction – Kings and Subjects – had been conceived. This is because even monarchy’s religious origin was from sin. Paine establishes the point that all men were naturally created equal and no birth of one man shall establish a greater honour or degree. By appropriating theological concepts and translating sovereign authority from the religious to the civil sphere, Paine helped to facilitate a conceptual shift in the political discourse from the common law tradition to a natural rights paradigm(Di Lorenzo). Indeed, the pamphlet was sought to stir emotion and to ensure that every relevant nuance of the situation was understood by every potential citizen of the envisioned nation (Holmes). He clearly mentioned in his conclusion four things which the Americans would want to consider in order to spark a revolution from the British. Paine mentioned that the certainty of America’s waiting for a mediator to free them from the British colonizers is very unlikely. This is due to the fact the even the world powers of Spain or France Paine will also suffer from the consequences of meddling with the British. Paine acknowledges the Americans’ effort on pulling off peace talks and reconciliation with the British Government but also states the fact that the Americans are not given the chance to be freed despite all these. Paine wrote that not being able… to live happily or safely under the cruel disposition of the British court, we had been driven to the necessity of breaking off all connections with her (Paine). Furthermore, he asserts that the American colonies had grown to the point where dependence on Great Britain was a hindrance to smooth governmental functioning (Holmes). Britain, as the world power at that time, had always been involved in world wars to further expand their colonial powers and territories. Because of this, America, as the former’s colony, had suffered from unstable social and economic state. This is
This letter, which was written in 1655, explains fully his views of religious freedom. He also elaborates on how religious corruption in government, creates difficulties in religion. According to him, all people should have equal rights to be associated with the religion they choose, and their rights should be protected by the law. The government should, therefore, have no control over whether one is a church follower or not. God did not love some people more than others and, people should live together as a community according to Williams’ belief.The ship used in this quote symbolizes the society that existed at that time. This, therefore, showed that all different religions should be able to live without separation or disagreement in a society. It is assumed by different theologians and scholars that William used the ship as a symbol because he used a ship to travel to the Western Hemisphere, where he was able to attain the freedom of religion. William was very strong in what he had believed and therefore, he was able to launch the First Baptist church in Providence. He also initiated a colony of religious minorities. which was, by then, known as Providence Plantation.William’s idea of religious freedom has a great impact on the society today. Every person should have freedom of choice on which religion he or she should follow. The intervention of the state and the government, as William states, brings more problem than what people should experience in religion. This means that belief of an individual should not be dependent on rules of the state and should, therefore, be protected by the law. I, to a great extent, support his idea of the ship, which symbolizes living together as a community of different religions despite the fact that they have different beliefs. This is Christian value that should be emulated by every person.
Such inalienable rights also refer to my inherent rights to freedom. The declaration also speaks of equality and although Jefferson and the other founding fathers have been largely embroiled in the practice of slavery, slavery is still very much against the concept of equality. Slavery is basically a war against human nature. It is also an act of assault against people from a distant place, an assault which captivates them into a degrading existence (Nininger, Jr., 2011). Based on these primary precepts, I therefore deserve to be freed from my servitude. I believe that although Jefferson himself had slaves, such fact cannot prevent the deeper understanding of the statements of independence upon which the declaration of independence was based. I believe that Locke was a significant influence in the Jefferson’s ideals. Locke believed that God gave man four fundamental rights. These rights included the right to life, liberty, and property (Maier, 2001). Locke also believed that the most important human law is that of the preservation of mankind. In order to meet such purpose, Locke believed that it is incumbent upon all individuals to protect their own rights. I, therefore, have the right to preserve my life and my rights. Preserving my life is preserving it for my own, not for other people, and certainly not for those who have tied me to servitude (Maier, 2001). I also feel more support from Locke in terms of seeking freedom from servitude. Locke succinctly points out that all people must have the right to make choices on the way they would carry out their activities, for as long as their actions do not interfere with the rights of others. In effect, Locke believes that one’s liberty must be extensive and not be filled with limitations. Slavery however extensively limits the rights and liberties of a person. I believe that the role of the government is to protect the exercise of my inherent and inalienable rights. Such principles under the declaration of independence ensure that I have the same rights as other people. My status as a slave is therefore something I can inherently discard, even without the declaration of other people, including my masters or owners. My owners or masters also have a legal obligation to obey the principles of declaration and the laws of their rulers (Maier, 2001). The Declaration of Independence also claims that all men are created equal. This claim is the best support for my desire to be free of my servitude. Those who signed the declaration of independence had dubious stands on slavery as they loudly declared it to be wrong, but were themselves slave owners (Maier, 2001). Hutcheson also stated that all men are morally equal to one another and that nature makes none masters, none slaves (Maier, 2001). Still, slavery remained persistent, especially among these Declaration signatories because they actually did not see a clear way of ending the practice. I believe that it would have indeed been difficult and disruptive to have slaves freed at once. It would have cause chaos in society and it would have left slaves without any visible and immediate means to support themselves (Maier, 2001). The cotton industry was also dependent on hundreds of slaves. Freeing them was bound to cause the collapse of the cotton industry. With these considerations, I believe that it would not be easy for me to gain freedom from my servitude. The Articles of Confederation provide no support or recognition for slavery. The only
The nation-state is a concept in which different federating units agree to surrender some part of their sovereignty in favor of federation and in return all the federating units get common security from external threats and federation follows a common foreign policy. This is not the all-exclusive list of rights and duties of a state though. In a nation-state, the constitution is the fundamental document which governs these rights and liabilities of federating units, its basic structure of governance, its legal system, a form of government, a system of local governance, rights of its citizens and another basic treatise which are required for the smooth functioning of any form of government. This constitution is always in line with the wishes of the people of these federating units in a manner agreed by all. That is the reason that it is considered the supreme law of the land.In the light of the above a question strikes the mind. that what makes a constitution supreme? It is the will of the people who show their allegiance to it and agree to abide by it, through the mechanism of the state. This constitution might or might not be in the form of a single document. It may also be an unwritten constitution as in the case of the UK, a brief and short document like the constitution of the USA or a lengthy document as in the case of France.European Union, unlike a true federation, is a quasi-federating set up created among the sovereign states of Europe to bring homogeneity and commonality among these nation-states. In order to achieve this objective, the member states have passed through a number of historical phases starting from the concept of the European commission to a single market and free market to the European parliament. This process started soon after the end of the Second World War and lasted a span of over six decades. But it would be wrong to conclude that Europe has reached the pinnacle of mutual harmony and understanding and is now capable to be governed under one supreme legal document.
In this paper I aim to discuss crime in England from the period of 1660 to 1800 by first defining its meaning in relation to the laws in the sixteenth and seventeenth centuries. I will then move forward with a discussion on the circumstances that led to the rise in crimes. In the end I will examine the different types of crimes that were most common in England during 1660-1800.Crime in England during 1660-1800 had different meaning as compared to its definition in the modern society. Sin was also included in the category of crime and the ecclesiastical courts were busy in punishing the immoral and ungodly acts such as sexual immorality, which in the modern world holds no value. Another category of crime called social crime included crimes that were defined by the parliamentary statute as illegal but were not considered morally wrong by the people who were involved in them. Such social crimes included poaching, smuggling, rioting and wrecking. In the seventeenth century with the rise of the property offenses the definition of crime was broadened and also included property offenses under its umbrella. With the turn of the century, life became more complicated and the definition of crime was once again revised, and fraud also became a part of it (Sharpe, 1995). Crime was clearly defined and was divided into two categories that determined the nature of punishment. The criminal law made a distinction between felony or capital punishment, which involved the theft of such items that were valued more than one shilling. Misdemeanor involved the theft of such items that were valued less than one shilling. There was no death sentence in the case of a misdemeanor. However the price inflation of the sixteenth century had raised the value of many stolen goods to more than one shilling. As a result of which many more thefts came under the category of felony (Cockburn, 1985).
Ever since the industry was deregulated in 1978 intense competition and price gauging has made profitability increasingly difficult for the airline industry in general. After the stock market crash of 2008 and the economic recession that followed coupled with rising fuel costs were the direct cause of several airlines having to file for bankruptcy protection (Plunkett Research, 2010). The airline companies that survived the onslaught were presented with a volatile and fluctuating operating environment of rising fuel and energy costs, coupled with a decreased demand for passenger travel in general and negative impact on revenues mainly as a direct result of the economic downturn. The rising costs have cut the margins in the industry so much that current the average net margin in the airline industry is two percent. The period of 2008 and 2009 remained a very challenging period for all the airlines with most of them struggling to remain profitable. For 2010 with the slow economic recovery businesses as well as private travel has increased significantly in volume, so occupancy rates in general for the airline industry have been full. When airlines are able to fill the seats of their airplanes to full capacity the company is optimizing the productivity of the operation. When the latter occurs and companies have idle capacity issues airlines have to take drastic measures to fill those seats which includes price deductions to spur the demand for air travel. After the previous years of consecutive losses the airline industry in general returned to profitability. U.S. Airways just like any other domestic airline is subject to a complicated array of laws and regulations that limit their operations as well dramatically increasing their operating costs. With the advent of the Aviation and Transportation security Act of 2001 which mandated the standardization and federalization of airport security and mandated additional security procedures which increased operational costs tremendously airlines had to absorb the costs and imposed a per passenger tax on ticket sales in order to fund the additional security measures. The Federal Aviation Administration is the federal agency responsible for regulating the airline industry operations, procedures and their operational safety, including aircraft maintenance. The FAA will regularly issue new directives and changes in maintenance schedules and procedures which create mandated operational costs that are also a factor in increasing airline operational expenses. Other proposals to address airport congestion in certain airports in the U.S. involve increasing pricing to take into account congestion or placing a tax on certain particularly congested airports. This could potentially affect the airline industry in the near future by further increasing the costs of passengers to travel if these changes or suggestions are placed into law (Datamonitor, 2010). Further regulations and government legislation concerning pollution, climate change and aircraft emissions also post a significant operational threat to the airline industry as a whole. In the list of Fortune 1,000 : Most admired companies 2006, U.S. Airways Group was consistently ranked lowest in all the eight key attributes that were taken into account. U.S. Airways Group achieved an overall score of 3.25 placing it as the least admired airline out of all the major competitors. For this survey U.S. Airways was ranked last in the industry in four of the eight
Prostitution Prostitution is one of the most common public order crimes being faced by the whole world. Prostitution is the business of getting money in return of providing sexual services to other people. If we talk about Chicago, the police department registers thousands of new prostitution cases every year. I believe that this activity should be free from government and law enforcement interference because it does not produce any kind of harm to any person in the society.Prostitution as a business based totally on the will of the involved women. It provides sexual independence to women so it is not a forced sexual activity. It is a private business transaction, which cannot be performed without the will of the women. No one has the right to stop a woman from fulfilling her sexual desires whether she fulfils it with her boyfriend, with husband, or with some stranger in return of money. In Chicago, prostitution is not viewed as a serious crime, which can harm some other person. The reason is that this activity does not take place without the will of both men and women. Pornography Pornography refers to the act of using sexual images to make the viewers arouse sexually. People view pornographic material to get sexual satisfaction. Pornography is a victimless crime and is meant to provide sexual pleasure to the viewers. People involved in the act or business of pornography show pornographic material to other people through many ways, such as, through books, websites, magazines, paintings, photos, and videos. Pornography is a consensual act because a woman shows her body to other people with her own will. Snatching the right of porn from a woman is like snatching the sexual freedom from that woman. Although pornography is a public order crime, it does not violate the rights of women. Access to pornographic material is the right of every individual. Such feminists believe that pornography does not harm the status of women in a society rather it makes women fulfill their sexual frustration while keeping their privacy intact. The truth is that pornography harms the social status of women by showing them as something to be enjoyed. In Chicago, the graph of this crime seems to be low. The reason is that Chicago has a small porn industry as compared to other cities of the United States. The total number of porn movies coming from Chicago is very less as compared to the number of movies that come from Los Angeles. Almost 90 percent of the porn movies come from Los Angeles. Drug Trafficking Drug trafficking is one of those issues which are being faced by the United States for many years. It refers to the illegal process through which narcotics and other illegal drugs are produced, transported, and sold2 (Sherman, 2010, p. 7). Drug trafficking is the exchange of drugs between different drug dealers. It not only includes manufacturing of different drugs but also includes selling of drugs to the related people. It is also a
This is according to fine details and addictives, which ought to bear for effective facilitation of the intended role. Primarily, conventional method presently is fermentation process, besides numerous ways, which are almost similar but due to patent law, experts have withheld them. Fermentation entails separating required microorganism, enhancing culture growth besides refining and finally isolating the resultant antibiotic (Tenover, 2006). The process ought to be in a sterile environment, since the external microbes usually tend to interfere with the fermentation procedure. Prior the fermentation, the required antibiotic ought to be isolated and kits population augmented by numerous times. This is via taking already existing culture from the cold-stored organisms where growing the initial entails the transfer of organism to an agar-containing plate. Then, preparation of the organisms’ food via putting the initial culture in a flask coupled with other necessary nutrients and food meant for growth while shaking. This makes a suspension prior transferring to the seed tanks for growth. Seed tanks mainly their structure material entail steel or any other material that will not corrode easily that contain all the necessary conditions and material, which a certain organism might require like warm water, carbohydrates (lactose, glucose or sugars). Additionally, they do have extra vital carbon sources, for illustration, acetic acid, alcohols, -HCO3, N2 and NH4 salts (Tenover, 2006, S4). The steel vessels normally comprises of stirrers that normally keep the medium in motion for 24-28 hours. Afterwards the contents goes to the primary fermentation process, which encompasses of almost similar improvised tanks and filled with the former contents prior inception of conducive surroundings for growth. Mainly, the temperature ranges amid 23-27.2 ° C with continued agitation coupled with injection of sterilized air. Here residence time ranges amid 4-5 days prior undertaking isolation or purification before refining and controlling its quality, which depends on the antibiotic type (Tenover, 2006, S8). The process’ applicability is effective, though, depending on the antibiotic may have some minor variations that would entail modifications. They aim to enable certain yields are obtainable and with the desired quality. This is especially via the final steps, which mostly varies with the antibiotic type, hence ensuring each good quality and yield is viable (Tenover, 2006, S5). Fermentation process is reliable owing to its nature of action, which entails boosting or enhancing through providing necessary requirements for its inception. Discuss the mechanisms of antibacterial action giving details of the targets and action of at least 2 antibacterial agents Primarily, antibacterial modes usually differ with agent and encompass four modes. 1. Inhibiting cell wall They comprise penicillin, Cephalosporins, Carbapenems, and Monobactams where they normally destroy the wall of their target (Tenover, 2006). Consequently, ensuring that they do not allow any external barriers, which enemies to the body might create as a way of protecting themselves against various attacks. Conversely, antibiotics assuming this mechanism normally destroy their cell walls, thus terminating their survival and rendering them exposed to the drug. Alternatively, it is the mode of interfering
The court system in the United States is divided into the federal governments and the state governments which are administratively different from each other (Miller Gaines, 2012). The courts act independent of the legislature and the executive. it is a semiautonomous branch of the government. The federal court system vests power on one Supreme Court and all the other courts remain inferior to the Supreme Court. Federal courts are divided into three levels. the federal district courts, the courts of appeal which is more superior to the district courts and Supreme Court which is the highest federal court. Miller Gaines (2012) cited that, the federal district courts are made up of 92 districts with at least one bench in each of the available 50 states, one each in the Columbia District and Puerto Rico. There are judges in each of the districts ranging from 1 to 20 judges. District court judges are appointed by the president recommended by the members of the senate and confirmed by the senate. District federal courts are charged with the responsibility of solving cases like violations of the constitution and other federal laws, cases that directly involve the federal government, maritime disputes, foreign government cases, and cases involving citizens from foreign countries or of two different states (Miller Gaines, 2012). The court of appeal system consists of 11 judicial circuits in the 50 states and one in the Columbia District. … and is the only federal court that is mandated by the constitution to give a final jurisdiction on all the cases that come before it. It consists of one Chief Justice and 8 Associate Justices. In addition, it has jurisdiction on cases that involve two or more U.S. states and high ranking diplomatic staff. Judges in the three main federal courts serve for life (Miller Gaines, 2012). The federal judiciary also watches over a group of courts that handle specialized and specific cases. For example, the Court of Federal Claims that looks into cases of monetary claims alleged against the U.S. government. There are also the Courts- Martial that handles cases that involve the military personnel under the Military Law and the Tax Court (Miller Gaines, 2012). State court systems are diverse having a hierarchically organized system that encompasses general and specialized courts. It comprises of inferior courts like the magistrates court, justice of peace court, municipal court, traffic court, municipal court, police court and the county court which handle minor criminal and civil cases in mostly an informal manner (Miller Gaines, 2012). Serious and superior cases are heard in the state district court mostly known as the superior court. Superior courts hear appeals from minor courts and are organized by counties. they have jurisdiction over major civil suits and serious crimes like grand larceny. Large cities like New York have appellate courts between the superior courts and the states highest courts. Courts with special purposes under the state courts include probate court, family court, divorce courts, juvenile courts, small claims courts and housing courts. Judges in these courts may be elected or appointed. When appointed, the judges
It is also used as a shipment receipt after the goods have been delivered. This receipt is mandatory for the shipment process and it is required that an authorized individual from all three parties, i.e. carries, shipper, and receiver, signs this document as it serves as an evidence of receipt of goods in the desired condition (Schmitz). This bill is very useful in situations where the good received are damaged while they were in good condition when loaded on to the vessel or when the receiver does not receive the goods at all. The process of carrying goods by the sea can be somewhat complicated with reference to defining the parties involved and their position in the entire process (Low). The contract begins between the shipper and the carrier who takes the responsibility of delivering the good from one port to another. Since the bill of lading receipt is issued by the carrier, the responsible party in case of any discrepancies in the quantity, quality, or condition of the good delivered would be the carrier. It must be noted that the receiver of good is in more cases not the shipper but the consignee. It can be said that the bill of lading is the prima facie evidence between the shipper and carrier and conclusive evidence between the carrier and the consignee (Andersson). In the entire process of shipment, the ship owner has certain obligations to the shipper and the consignee. These obligations can be divided in to three parts of before commencement of the voyage, during the voyage, and after the voyage has been completed (Baughen). These obligations include providing a vessel which seaworthy, a reasonable dispatch of cargo, protection of cargo, not deviating from the route and delivering the cargo in time, at the right destination, in the desired condition (Baughen). Providing a Seaworthy Vessel The obligation to provide a seaworthy ship for the voyage is understood between all parties even when it is not explicitly agreed upon. There has been much debate regarding the definition of the term seaworthiness. Though it generally implies that the carrier provides a ship which is physically fit to stand any perils of the sea and complete the journey. Not only is it settled that the ships provided by the carrier will be seaworthy in the general sense but it will also strong and sit enough to make it through any perils that might come across on the voyage along with strong furniture and other equipment in order to receive the cargo (Dockray and Thomas). Though different branches of Maritime law make use of the same definition of the term seaworthiness, this definition is little broad to explain the condition of the ship in this context. Seaworthiness under Carriage of Goods by Sea Even though the definition of seaworthiness has been changed a number of times under common law, Harter Act, and Hague/Hague-Visby rules, the term is still based on the same principles. It has been stated under common that the ship must be fit enough to meet and undergo perils of the sea and other incidental risks which of necessity she must be exposed in the course of the voyage (Kopitoff v. Wilson 380). Moreover, seaworthiness has
Even as the author proposes the promotion of deterrence as a goal of the criminal justice system, they are fully aware that the goals of correction are closely related(Aberson and Jenion 170). As a consequence, one goal cannot be pursued in isolation from the others. Rather, the goals need to be pursued concurrently. For instance, punishment may be expected to lead to deterrence in at least two ways. First, when the authorities increase the certainty of punishment, potential offenders may be deterred from the fear of being apprehended. Secondly, if the punishment is severe enough, potential offenders may decide to avoid crime. Deterrence theory assumes that human beings, including potential offenders, are rational and that they carefully consider the repercussions of their actions prior to committing them. However, this is not always the case. For instance, a person who commits a crime under the influence of drugs cannot be said to have been rational at the time of committing the crime.Over the years, criminological research has shown that, overall, increasing the certainty of punishment generates more deterrence than making the punishment more severe (McAlinden 389). If people are known for certain that when they commit a crime or offense they will be arrested, they will refrain from committing the crime or the offense. In reality, however, many offenses and crimes go unapprehended. Thus, a potential offender will go ahead and commit an offense even if the consequences are dire, provided that they know that the chances of them being arrested are slim. The implication for policy-makers and law-enforcement agencies to enhance their capacity to apprehend offenders. Unfortunately, law-enforcement agencies are cumbered with limitations of personnel and equipment. As a work-around to this challenge, the idea of community policing has been floated and attempted in many jurisdictions.The rationale behind the idea of community policing is that by virtue of their interactions, the members of a community know one another better than the police do (Hugh and Taylor 10). Consequently, it is easier for the members of the community to apprehend criminal behavior among them and report the same to the police. Community policing calls for a great sense of community participation.
One evening, when she thinks the gallery is empty, she sets fire to one of the dolls and leaves.In order to be able to discuss the criminal liability of Lisa and Shannon it is necessary to examine the Criminal Damage Act 1971 to determine the criteria that the Crown Prosecution Service will be considered in their charging decision.(1) A person who without lawful excuse destroys or damages any property belonging to another intending to destroy or damage any such property or being reckless as to whether any such property would be destroyed or damaged shall be guilty of an offense.Bringing a charge in this manner could prove problematic since the medium used to deface the dolls could be regarded as removable. Had Lisa used a permanent marker it would be easy to prove the allegation of criminal damage as the artwork would have been permanently destroyed.When considering whether charges for criminal damage should be brought against Lisa it is necessary to consider case law in this area. Given that the lipstick can easily be removed from the dolls it is likely that Lisa would argue that this should not be regarded as criminal damage as the damage is not permanent. This same defense was offered in the case of Roe v Kingerlee 1 in which the appeal court decided that the justices had been wrong in their earlier decision where they had held that the smearing of mud on the prison cell walls could not be regarded as criminal damage. At the appeal the earlier case of A v R 2 was cited as an authority that damage that can easily be removed should not be regarded as criminal damage. In this case the defendant had spat on the overcoat of a policeman. The judges decided that the spittle could easily be removed with a damp cloth and so, therefore, a charge of criminal damage could not be founded.Despite the ruling in A v R, the appeal court stated that this ruling did not set a precedent.
An unknown assailant later brutally attacks Trey with a baseball bat, and an investigation ensues with Chris as the first suspect following his prior threats to Robbie. As the detective looks for more clues into the attack, Trey succumbs to his injuries and dies in the hospital. Robbie turns into a detective as he gathers evidence against Chris, at one point attacking him for which he gets a restraining order.Homicide takes over the case, and shifts focus to Robbie as a possible suspect from the fingerprints to the insurance policy on Trey’s life to which he is a beneficiary. The movie takes a turn when it emerges that Chris is also gay despite his Christian background and contempt for homosexuals. In the end, evidence points to Pastor Boyd for the murder of Trey for which he set up by Robbie and two accomplices for a forced break-in where Robbie murders him in the scripted act. The movie shows the hypocrisy and double standards when Pastor Boy, who had knowledge of his son’s perversion following evidence gathered by a private investigator, murders Trey, who like his son, is also gay. Hate crime committed by Trey’s murder baffles audiences with no initial connection between the pastor and the victim. As the plot thickens, the movie reveals a family that is living in ways that are ungodly when it emerges that the son, who is also a youth pastor is and his father, a respected minister of the word, a murderer. Killing Trey for being what his son comes out as the movie’s twist and the biggest irony in the Tommy Stovall production.Description: The movie is about a father, Carl Lee whose 10-year-old daughter Tonya, is raped and murdered by white racists. Carl Lee seeks the service of Brigance a white lawyer who admits that the rapists stand a chance of walking free. This stirs up Tonya’s father who opens firein the courthouse killing the rapists and hurting Deputy Looney in the process. The movie changes to Carl Lee’s prosecution for the murder of these suspects and Brigance accepts to represents him. The case stirs up the Ku Klux Klan in the South, who threatens Carl Lee and his lawyer Brigance who is now joined in the case by Ellen Roark, a law student.
Hearsay is defined as a statement made by a declarant and it is made at the time of trial or hearing to assert that the confessional statement given above is true. The definition of Hearsay constitutes two parts. The first part defines that the statement is not made during the period of the trial process and secondly the statement is only made to assert the truth of the confessional statement made during the trial process.Under Section 76 (2) PACE, the court will have to refute any confessional statement which has been made under the oppression and under the circumstances which could make this statement unreliable in the law. The term oppression is defined as the torture or inhuman or degrading treatment, and or the use or threat of violence.Both the Sections 76 (2) (a) and 76 (2)(b) are similar but the difference only lies in the context under which confession is being made. Under Section 76 (2) (a), the judge cannot consider the confession if the prosecution cannot oppose the allegation that the confession is being made under oppression whereas Section 76 (2)(b) dictates that confession would be excluded if it is made under circumstances which according to the law is unreliable. It is the issue more of reliability under Section 76 (2) (b), which implies that under this section the proof of any misconduct of police is not required to be shown. If the court asserts that the circumstances under which confession was made before the police were not conducive under the law, the statement would be rendered exclusive. For e.g. In R. v. Harvey [FN77] case, a confession was excluded only because of the fact that the woman giving the statement was not normal and was suffering from a psychopathic disorder. In this case, court found the fact that there is enough danger of a confession of a false statements.
The most important and most widely used treaties are the Hague-Visby Rules and the Hamburg Rules.The purpose of this dissertation is to examine these treaties and to determine whether or not they have effectively contemplated every conceivable circumstance in which liability can arise. Liability will, therefore, be examined in respect of non-conforming goods. The issue of liability and risk associated with non-conforming goods arises in CIF contracts, seaworthiness and the contract between the buyer and the seller. This dissertation will examine the dynamics of these elements of liability and obligations under the Hague-Visby Rules and the Hamburg Rules. The underlying goal is to determine whether these laws are sufficient for the regulation of liability and obligations under an international contract for the sale of goods and what changes can be made for improvement.Statement of the Problem: When a contract for the sale of goods involves parties resident in different countries the goods usually escape the application of domestic law while in transit. While in transit the goods can be exposed to the risk of damages. Since contract law generally requires that the risk of damages to the goods pass to the buyer once the seller delivers the same to the courier for dispatch, it appears to be entirely unfair for the buyer to accept the risk of damages when the goods are out of his control. At the same time it is entirely unfair for the courier to accept the risk of damages in circumstances where he has exercised due care in the storage and shipment of the goods. International law tries to strike a fair balance by defining the respective parties’ obligations with respect to the goods and by doing so sets forth a means by which liability can be ascertained. The law does not always accomplish this goal since in most cases the buyer relies on documents.
1. Joe, a sales manager of Building Security Systems Ltd wrote a letter to Viacom Ltd on 13 June offering to install computerized security equipment at the canal side warehouse Viacomm Ltd was renovating for Wiggin Council for a total price of £200,000 payable upon completion of the work. The offer was to remain open until 20 July.Sam, a purchasing director of Viacom Ltd, phoned Joe on 19 June to ask if the offer included the VAT. He then posted a letter of acceptance to Joe on 27 June in which he accepted the offer on behalf of Viacom Ltd. Building Security Systems received this letter on 29 June.In the meantime, Joe has started negotiating with Info provider Ltd and sold the same equipment to them on 28 June for £250,000. He immediately wrote a letter to Sam to say that has not yet received confirmation that Viacom wants to purchase the equipment that the offer was now withdrawn. Viacom Ltd received this letter on 1 July.2. Joiners-R-Us Ltd entered into a contract with Viacom Ltd, who hold the main building contract with Wiggin Council to renovate a canal-side warehouse. Joiners-R-Us are contracted to carry out carpentry work in a block of 47 flats for an agreed price of £200,000.The main contract with Wiggin Council contains a time penalty clause which states that the building must be completed by 15 November 2008. Viacom Ltd is worried that if Joiners-R-Us Ltd did not complete the carpentry work on time he will have to recompense Wiggin Council under that clause.On the basis of this letter, Joiners-R-Us Ltd managed to persuade their staff to continue working which re-commenced on 18 October.
The classic definition of a fixture is anything which is physically (but not necessarily legally) removable and makes a permanent improvement to the land1. Conversely, a chattel is an item brought onto the land, which doesn’t become part of the land2.The general rule as to what constitutes a fixture is expressed in the Latin phrase quicquid plantatur solo, solo credit, which means that whatever is attached to the soil becomes part of the soil3.The degree of annexation test requires the object to be fastened to or connected with the land in some way for there to be a presumption that it is a fixture. If the object rests on its own weight and is not fixed then there is a presumption that it is a chattel and not a fixture. For example, in the case of Berkley v Poulett5, it was held that a statute resting on its own weight was not a fixture as it was placed there for the purpose of it being enjoyed in itself.In considering the purpose of annexation part of the test, the Courts attempt to discover the purpose the object is serving6. This test is objective and not subjective and it is not concerned with the intention of the person who put the object there. It requires that the purpose of the objects is to enhance the use and enjoyment of the land to make a permanent improvement to the land for it to be a fixture.The case law in relation to the distinction between chattels and fixtures places importance on the purpose of annexation also. In the case of Berkley v Poulett7, Scarman LJ asserted that it remains significant to discover the extent of physical disturbance of the building or the land involved in the removal of the object. If an object cannot be removed without serious damage to or destruction of, some part of the reality, the case for its having become a fixture is a strong one.
It should be noted that, it does not necessarily mean that suffering a loss, such as the one’s mentioned above, will warrant a remedy from the law. This is because. the Law of Tort requires that a claimant must be able to show that the tort caused them a loss and that the person who is committing the tort owed them a duty of care2. Therefore, the Law of Tort is concerned mostly with involuntary responsibilities that the law imposes on persons. There are various torts including tort of negligence and that of nuisance. However, this paper will focus on the tort of negligence, which is a tort that covers various situations in which a person is considered to have, negligently, caused harm or damage to others. By studying the case of Smith v Littlewoods Organization Ltd  1 All ER 710 and that Donoghue v Stevenson  AC 562, with special attention on relevant case laws, this paper will attempt to critically analyze and study the circumstances under which a failure to take action may result in a claim, in negligence. Discussion The Tort of Negligence is a very significant tort in law that takes care of various cases, in which persons cause harm or damage to others that result in loss. … Therefore, people are not just responsible for loss, damage or harm that they cause intentionally, bust are also responsible for their failure to act reasonably as they would be expected to-this is what is referred to as negligence-and it will result in negligence4. Simply, the tort of negligence expects that people ensure that their actions do not result in harm to others. For a failure to take action result in a claim of negligence, a duty of care must be owed to the claimant by the defendant as it was in the Donoghue v Stevenson  AC 562 case, in which the judge, in his determination, argued that every person owed, his or her neighbor-someone with whom it is foreseen that, ones omissions or actions would injure-a duty of care5. It is imperative that every person takes reasonable care so as to avoid omissions or acts that can foreseeably result in reasonable injury to another. This was referred to as the ‘neighbor principle,’ which was coined by Lord Atkins6. Unless duty of care for another has been already duly established, such as the duty owed to employees by their employers or manufacturers to the consumers, then, failure to take action cannot result in a claim of negligence. However, there have been problems of establishing the existence of owed a duty of care as was with the case of Caparo Industries v Dickman (1990). This resulted in the need for development of a tool, coined by the House of Lords, referred to as the three-stage test. This test helps in determining the existence of duty of care-which is a requirement for a failure to act to be deemed a claim of negligence-based the nature of the loss, relationship between the defendant of whom the duty of care is
According to the Federal Bureau of Intelligence, the NSB plays a critical role in protecting the United States against terrorist attacks, weapons of mass destruction, espionage, and foreign intelligence operations. The NSB mission ensures that the Bureau is in a position to perform its national security duties (FBI, 2006). The national security branch is made up of the counterterrorism division, counterintelligence division, and directorate of intelligence, terrorist screening centre, weapons of mass of destruction and a counter proliferation centre. The counterterrorism division concentrates on international and local terrorism related issues (fbi.gov, 2012). This division utilises its investigative and intelligence capabilities to fight acts of terrorism. The counterterrorism division fights against terrorism by dismantling terrorist networks worldwide, and cutting off any form of support that terrorists gain from sympathizers. The FBI states that the counterintelligence division is responsible for preventing and investigating foreign intelligence activities in the United States. The counterintelligence division investigates the past and emerging threats to determine the state of national security. The counterintelligence division employs intelligence and law enforcement procedures to carry out investigative operations such as spying activities (wordpress.com, 2010). The directorate of intelligence (DI) is in charge of the Bureaus intelligence functions. The directorate of intelligence supervises field intelligence operations, which include collections down to dissemination. The DI ensures that intelligence is incorporated in all investigative programs. The DI continuously improves on its compilation, investigation, and dissemination capabilities to enable them provide intelligence that is important in protecting the nation (fbi.gov, 2012). The terrorist screening centre is another important division in the national security branch. The terrorist screening centre supports the bureau in the fight against terrorism. The terrorist screening centre is responsible for providing a comprehensive watch list of identified or suspected terrorists. The terrorist screening database is accessible to government agencies such as departments of states, central intelligence agency, counterterrorism centre, department of defence, and the department of homeland security (FBI, 2006). According to the Bureau, the terrorist watch list is one of the most valuable counterterrorism tools for the United States government (fbi.gov, 2012). The national security branch has the weapons of mass destruction directorate, which is responsible for preventing and disrupting the possession of weapons of mass destruction capabilities and technologies. The National security branch created the WMD directorate in July 2006. The directorate deals with incidents that involve nuclear, biological, radiological and chemical weapons. The directorate employs intelligence to carry out investigations, develop countermeasures and drive preparedness that will ensure threats are prevented from becoming a reality. The FBI explains that the WMD directorate has a vision to eliminate the use of WMD. The directorate identifies and responds to WMD threats. The directorate cooperates with other law enforcement agencies to identify, and disrupt WMD operations (FBI, 2006). The Directorate supports the United States
The story centers upon the fictional character Sethe, who lives in a small gray and white house on Bluestone Road (Morrison 1) with her surviving daughter Denver. As the story opens, it is made clear that Sethe’s two sons, Howard and Bugler, both ran away at some point prior to the story opening because they couldn’t deal with strange, ghostly activities happening at the house. Baby Suggs, Sethe’s mother-in-law and the woman who taught Sethe how to live again after escaping slavery, also once lived with them but died. Soon after the reader is introduced to these characters, a new character comes in. Paul D was one of the slaves Sethe had worked with on Sweet Home, a Kentucky plantation where she, her husband and several others had been cruelly treated. Upon her escape, an event that happened many years earlier, Sethe murdered her youngest child, a girl, desperately attempting to keep her baby from experiencing the type of degradation and abuse Sethe experienced at the hands of Schoolteacher when she thought she was about to fall back into slavery. It is this spirit who returns to haunt her family in later years, finally manifesting itself in the bodily form of Beloved. Morrison’s deliberate use of the ambiguous in her statement of the story that was not a story to pass on as well as the ambiguous nature of her narrative style allows her to say a great deal without saying much. This ability of authors to express the incomprehensible is behind Catherine Belsey’s theory of a ‘crisis in subjectivity’ or ‘split subject.’ Entry into language inevitably creates a division between the subject of the enunciation and the subject of the enonce, the ‘I’ who speaks and the ‘I’ who is the subject of discourse. The Subject is held in place in the discourse by the use of ‘I,’ but the ‘I’ of this discourse is always a stand in, a substitute, for the ‘I’ who speaks. Another theory by Julia Kristeva introduces the idea of a divided subject, even a pluralized subject, that occupies not a place of enunciation, but permutable, multiple, and mobile places. Morrison’s approach in Beloved is an experimental narrative approach that allows a variety of reading levels while still telling a difficult story. In this sense, narrative is both a primary technical resource and serves as a theme that illustrates how adjustment to a life free of slavery was perhaps as difficult as conforming to life as a slave. Regardless of how the story is interpreted, although Sethe had escaped to freedom with her children and her life, her husband was missing and fear remained permanently rooted in her heart. The merest thought that she and her children might be taken back into slavery was worse than death so she attempted to kill the children rather than allow them to live the same sort of life she’d experienced as a slave. Despite the fact that she is free and safe, Sethe cannot escape the haunting memories of her past. The scene of possible recapture takes place just after she has had a chance to understand what it means to be free. She had followed Baby Suggs out to the clearing in the woods where Baby Suggs gave the children permission to run and the mothers permission to hear them laugh and the men permission to dance and
Judges employ definite guidelines and philosophies when formulating their verdicts. They are. retribution, test of proportionality, rehabilitation, deterrence and restoration. The drive towards court unification can not ultimately lead to a monolithic system because this will grant the federal court system excessive power. The dual court system is a two tier judiciary system comprising of the State and Federal court structures. The dual-court system is the product of a universal agreement amongst the country’s founders concerning the requirement for individual states to maintain considerable legislative power and judicial independence separate from federal control. Unification onto a monolithic court structure appears improbable to occur anytime to combine the state and federal structures, and if it did would likely not be extremely effective. In sentencing, judges are restricted by statutory requirements. guided by existing philosophical rationales, executive considerations, and presentence inquiry reports. and subjective to their own individual characteristics. Q1. According to Neubauer and Fradella (2010), the dual court system of the United States comprises federal and state courts, which is a product of federalism. The U.S. Constitution institutes the judicial division of the federal administration and stipulates the power of the federal courts. Federal courts have restricted authority only over definite types of cases, for instance, cases concerning arguments between states, federal laws and cases concerning foreign governments. In other areas, federal courts share authority with state courts. For instance, both federal and state courts might make decisions on cases regarding parties who reside in dissimilar states. State courts cover exclusive authority above a majority of cases. While State courts developed from early colonial arrangements, federal courts where established by the United States constitution. Dual court system has been affected by its account since the model of two court structures still remains. There have been modifications to the individual courts to create them run smoother akin to the three tier homogeneous structure taken up by the state courts. The administration of state courts is by their own constitution and statutes, US Constitution and statutes, rulings and model from superior courts in the state, judgments of the federal courts in their jurisdiction, and by example from the US Supreme Court and federal petition courts in their area of jurisdiction. According to Reid (2011), US Constitution and Statutes, the US Supreme Court, and judgments from the petition courts in their jurisdiction guide the federal courts. The association between federal and state courts is viewed as judicial federalism. Judicial federalism is a hierarchical structure that is commonly understood and has a legal establishment. The federal Constitution institutes a national court structure and specifies that discrepancies between federal and state law. These are to be determined in preference of the former, and the judges of the state courts are compiled by this principle. Thus, state courts should give priority to federal over state law, and infer with the federal law in line with existing judgments of the Supreme Court. The Court’s fundamental justice and appropriate process guidelines, enunciated to give state courts with the flexibility to extend satisfactory protections of the accused, were regarded as indistinct and subjective. Several state judges made
However lending has an interest rate attached to it. In the open market, it is also assumed that traders have all relevant information rates of stocks and other co-variances. Traders in an open market are also assumed to be rationale about being risk averse and all investors have same assets to choose from given all information concerning the assets and same decision methods are applied (Burton, 1998). This brings us to the concept of the capital asset pricing model (CAPM). The model is very useful and is widely used in the industry, although it is based on very strong assumptions. This paper will focus on brief theory of arbitrage theory of the CAPM model, main theories behind this model and their critique.First, the model is quite useful as it focuses on determining the required rate of return appropriate for a company’s assets. The model requires various firms to have a portfolio that is well diversified, as long as the risks prone to the assets cannot be diversified (Brealey, et al 2009). Practically, most companies utilize CAPM model to determine the price of a security or a portfolio. In this case, a security market line that defines the relationship existing between the beta and expected rate of return of an asset is utilized. The line also enables firms to calculate a ratio that equates an asset’s rewards to its risks. It is also through the model that firms are able to determine the rate at which an asset’s cash inflows expected to be generated in future should be discounted. This takes into account the cash inflows in relation to the risks existing in the market. The arbitrage model was an alternative to the means variance capital asset pricing. Currently, the model has become a crucial tool in explaining the phenomenon mostly observed in the capital markets that deal with risky assets. One assumption of the capital asset pricing model is the assumption of normality in returns. It is from this assumption that the linear elation stipulated above originates. The assumption has had critique since theoretically, there does not exist guarantee to such efficiency. However, there is restrictiveness that underlie the mean variance model. therefore being the evidence of the existence of the linear relationship between risks and returns. This led to the popularity of the model. It was until later that Ross introduced a new model that would yield better results when pricing risky assets. The arbitrage model would hold both in equilibrium and all sorts of disequilibria unlike the mean variance analysis. However, there are some weaknesses in relation to this theory. For instance, when dealing with the number of assets, as assets increase, their returns are also expected to increase. This will result to an increase in risk aversion to investors. The arbitrage model has the law of large numbers where the noise term becomes negligible as the number of assets expands. Where the degree of risk aversion increases with the increase in the number of assets, the two effects cancels out, leaving the noise term to have a persistent effect on the pricing decision. In developing the arbitrage theory, several assumptions were put into consideration. First is the assumption of limitations on liability. It is assumed that there exists at least one asset which has a limited liability. This means that there are some bound per unit to the losses for which an investor is liable. The second assumption was based on the homogeneity of expectations. All the investors hold the same expectations, since all have the same assets, information and are risk averse. There also exists at least o
In the presence of such challenges, it is advisable for these young children to seek for counselors, who are experts in helping people to overcome some of the challenges they face. Therefore, counselors, in the process of performing their duties, must adhere to some of the norms, always known as the Legal Do’s and Don’ts depending on the issues presented before them. Analysis of Manuel Situation Manuel is a 15 year-old boy who is undergoing through adolescent stage. He realizes that the problems that he goes through do not give him the chance to continue with his life, and sees his life as worthless. Consequently, a counselor who is to deal with this situation needs to understand the situation and status of Manuel in order to come up with concrete solutions to Manuel’s problem. Hence, a counselor is advised to follow various legal norms, always refers to as Legal Do’s and Don’ts, when dealing with different problems as explained by Carlos et al (2012). These rules and regulations are constituted by respective government bodies, which disallow discrimination of clients during the counseling process. Consequently, in the case of Manuel, some of the four legal norms that need to be put into consideration include: Assent to treatment Ideally, the law requires that the treating clinician must seek the consent to treat Manuel from Manuel himself and any other adult, guardian or the person who holds responsibility for the child. Since Manuel is a young teenager, the law regulates that it is the adult who should give informed consent and that Manuel should merely assent. This implies that the doctor may treat a child who is below the age of 16 would be treated solely on the consent of the parent, even if it is against the child’s wishes. This scenario would have been different if Manuel was an older teenager, where he would have consented while the parent would have merely supported the decision. In addition, the law demands that explanations must be simplified or be suitably tailored to Manuel’s age and understanding even as it has to also include the outline of the objective of the treatment, the treatment’s likely effects, the risks of possible treatments recommended as well as the nature of the treatment (Clark 2001). Witnessing psychotic behavior The law requires that in the emergency room, the mental health professional must witness the psychotic behavior as well as assess the patient and determine whether an involuntary or voluntary mission of the patient is necessary. This situation is recommended by the law specifically in instances where the patient is forced into the hospital by the police or any other local authority. Usually, the law restricts that a person who suffers from a mental disorder cannot be forced into hospitalization or treatment, when the person becomes dangerous to himself as well as to others, then the police must be alerted to take the patient to the hospital. At the hospital, family members or those close to the patient may be asked to provide information that would help the mental health profession to make a decision on which intervention to seek (Clinton 2010). Informed Consent The law requires that the physician may share information on the situation of a child’s health to the parents, unless the child has attained 18 years. This means that the clinician who examines Manuel, or the counselor summoned upon to intervene in the child’s situation must inform the child’
This small group moved to Medina under the command of Allah, where many Muslims already resided. This became the first Muslim State (von Sivers, Desnoyers Stow 302-305). Despite this, the Muslims in Medina were attacked by those in Mecca several times. Due to their status as idol-worshippers and the breaking of a peace treaty, Mohammed decided it was time to conquer Mecca, where many of those living there were converted into Islam (von Sivers, Desnoyers Stow 301). From here, Islam began to flourish under the Prophet Mohammed until his death in 632AD, as the people of Mecca were converted and no longer provided a threat (von Sivers, Desnoyers Stow 318-322). Despite this, Islam would face several challenges following the death of the Prophet Mohammed (von Sivers, Desnoyers Stow 308-335). As with many religions, there was a split in Islam reflecting an internal conflict. the Sunni sect, who hold Mohammed’s life up as an example of purity and are said to follow tradition, and the Shi’a sect. who follow the word of Imams as they believe they are directly descended from Mohammed and he appointed this lineage as his successors (von Sivers, Desnoyers Stow 325-335). … Sufism is slightly different to the Shi’a/Sunni split, as followers of Sufi can identify with a separate sect whilst still following Sufi Islam (von Sivers, Desnoyers Stow 325-335). Islam refers to the people of the book (referring to those of other religions that follow similar ideals to those within Islam, like Christians and Jewish people) as dhimmi (von Sivers, Desnoyers Stow 325-335). These peoples are allowed to live in the Muslim State and can be exempted from some parts of Sharia Law. The dhimmi are afforded the utmost respect in Islam (von Sivers, Desnoyers Stow 325-335), as the teachings of Allah and the Prophet Mohammed suggest they should be. Additionally, the constitution of Medina suggests that those who follow religious and good lives should be treated as equals. Additionally, being an Abrahimic religion, there are many similarities between Islam, Christianity and Judaism. All three religions worship one God, in contrast to many of the smaller religions that were around in the area at the time of Mohammed (von Sivers, Desnoyers Stow 325-335). There are also many similar guidelines and practises within Islam when compared with those found in Christianity and Judaism. What circumstances brought Abd al-Rahman I to Iberia? Discuss his efforts to establish the Umayyad dynasty in Iberia. How do these efforts impact Jews and Christians during his rule and afterwards? In what ways did language (Arabic) and culture impact the Jews and Christians of Iberia? What were their respective reactions? Relate and discuss examples of these reactions. What happened to the Umayyad dynasty under Abd al-Rahman III? Abd-al-Rahman I first came to Iberia as a result of having to flee the old Umayyad dynasty, found in Damascus, as the Abbasid were coming to power in the
As the paer highlights the story goes into maximum overdrive when Jimmy kills his childhood friend Dave. The story ends with on a sad note when Jimmy realizes that two other persons killed Katie. The movie brings a sad lesson to the movie because Jimmy committed avoidable murder (Geiger, 2000). Environment. The environment of the film is urban community, houses lined side by side along each block. The community is full of trees. The location includes a river. The environment of Katie’s death is secluded place. The movie awakens the different movie viewers’ own ideas of an urban community. The movie viewers can relate their own urban experiences with their own diverse urbanite society. The move reminds the movie viewers of their own cities’ busy paths. The city has edges, breaks between two urban community buildings. The movie also illustrates the importance of landmarks that separate one urban community from another. This paper outlines that culture Urban density and pedestrian development types. The movie also shows that friction often crops up between urban density culture and the pedestrian culture, in terms of urban development. The film shows the familiar culture-based scene when some unruly pedestrians commit crimes against cars passing along the road. Brendan’s brother and John O’Shea play a frank on Katie, who is driving a car. The two connive to unintentional shoot Katie. To prevent Katie from reporting the shooting, the two pedestrian friends decided to kill and dump Katie. Importance of both communication and social contact.The movie shows the importance of the urban culture where social contact and personal communication. The two pedestrian killers were not trained to improve their social contact problem. The two pedestrians should be trained to respect the law and avoid killing Katie or playing harmful franks on innocent civilians. The two pedestrians should have approached Katie and asked for forgiveness, instead of killing Katie. Likewise, the move vividly shows miscommunication cropped up between Dave and his wife. Sean Penn won the best actor award for this movie. Tim Robbins won best supporting actor for the same move. The movie also won best picture award. The scenes include Dave’s wife not accepting Dave’s explanation that he fought some muggers. Instead, Dave’s wife informs Jimmy that Dave arrived home with blood on his hands. Both Dave’s wife and Jimmy suspect Dave is the culprit in Katie’s murder. The movie climax surprisingly shows that both were proven wrong. Society. The film depicts one version of how the average urban society’s culture-based moves. The movie scenes gravitate around the murder of Katie. The dramatic movies easily stir the movie audiences to be happy, sad, angry, confused, or even vengeful. Consequently, the director, Clint Eastwood, created a realistic film about life. Life entails both happy moments and sad moments. The movie scene where Dave and Jimmy are conversing on a porch precipitated to Sean Penn’s winning the Best Actor award and Tim Robbins winning the Best Supporting Actor role. The movie also won the Best Picture award in Boston. Likewise, Clint Eastwood won the Best Director award.
Therefore, nondelivery of the certificate does not intervene in any way with passing the title. The same conclusion has been reached by the Court in the case of Wood Chevrolet Co. v. Bank of the Southeast3, where it was held that: …non-delivery of a certificate of title at the time of a sale does not prevent the passage of title from the seller to the buyer…. This is true even where a state’s certificate of title act provides that no title can be acquired in an automobile until the certificate of title has been issued.. In conclusion, title to the car passed to Mann at the moment of physical possesion of the car being transferred to him. CHAPTER 17 CASE 3 I believe that in this case, Frank’s Nursery Crafts, Inc. must be held liable for the damages caused to Young and it should certainly cover the damages caused to the plaintiff. Frank’s Nursery Crafts, Inc. has certainly breached the contract concluded with Young. Due to the fact that Frank’s Nursery Crafts, Inc. … v. Johnson4, the Court held that, in order to avoid the injured party not recovering her losses, Ohio law allows a damaged lost volume seller to recover its lost profits from the breached sale in addition to traditional breach of contract damages, thus applying the lost volume seller theory. According to Goldberg, V.P.,In cases in which the seller is a retailer, the conclusion is (a) yes, the seller does suffer damages, (b) the damages are the market price of the service of selling the goods, (c) the market price of selling is approximately the gross margin, (d) even though the damages are incurred, full compensation would probably be inefficient, and (e) the law ought to encourage the parties to use nonrefundable deposits as liquidated damages.5 Therefore, I believe that the Court ought to apply the lost volume seller theory in this case and, thus, reduce Young’s damages to minimum. CHAPTER 18 CASE 6 I strongly believe that the Benfers did have cause of action against the retailer – Thomas, along with the manufacturer – Town Country Mobile Homes, Inc. Thomas was the one who actually convinced the Benfers, by showing them a model mobile home, that the mobile home had the one-quarter-inch sheathing on the siding that made it better than cheaper units, by this intentionally misleading the couple and creating for them a misrepresentation on the product they were about to purchase. Moreover, Thomas, by knowingly proposing the Benfers a more expensive unit, which supposedly had the sheathing desired by the potential buyers, actually lied to them, by taking the price for a more expensive product and offering them a cheaper one. Moreover, by delivering to the purchasers the written warranty, which stated that the mobile home had the
From the liberal point of view, to hold a person criminally responsible for a crime which has not actually been committed, although evidence indicates that it had been prepared for, implies holding people guilty on the basis of their thoughts alone.1 Indeed, attempts liability entails punishing a person for something which he has not actually done but which he had planned to do at some point in the future. As such, attempts liability is founded upon a deeds principle which appears in direct violation of the harms principle upon which the very concept of punishment is founded.2 The stated brings us directly to the subjectivism/objectivism debate which, in itself, reflects important controversies in the entire concept of criminal liability.From the orthodox academic viewpoint, criminal law presents actual legal doctrines, as in principles and legislature, and is concerned with its critical evaluation as regards whether or not it abides by the principled logic which academia claims to be inherent within the law itself. This enterprise has largely fallen to the subjectivists who have analyzed the aforementioned from a mental elements’ perspective.3 Several legal scholars have claimed that this is nothing other than a politico-philosophical matter whose primary motivation is the correlation between legal principles and liberal conceptualizations of man as a free, moral, and responsible agent.4 In essence, this has effectively split the law of criminal liability and subsequent interpretations.As may be inferred from the above stated, the subjectivism/objectivism debate effectively mirrors the existent tension between the principles of deed and equal culpability. The objectivist camp believes that criminal liability should be limited to what the person did, while the subjectivist camp upholds the expansion of criminal liability towards the embrace of the person’s state of mind. Accordingly, the objectivist camp upholds the principle of deeds and the subjectivist camp that of equal culpability.5 The complex nature of prevailing criminal law lies it that it is neither one nor the other.
However, per Section 1 of the Charter, these rights are subject to certain limitations that may be prescribed under the Law ensure that democracy is preserved (Roach, 2005). Moreover, as laid out under Section 33 of the Charter, legislatures will be accorded the privilege of overriding the rights embodied in the Charter in some instances, notwithstanding the protection accorded to them (Roach, 2005). This has fuelled the controversy between Courts and legislatures over the treatment of rights and there have been allegations that the provisions of the Charter do not adequately protect individual rights.3. Are the civil rights of Canadians being restricted in the Charter? At the outset, it must be stated that the provision of absolute civil rights is not a realistic goal. In a country that is not under dictatorial rule, it is sometimes necessary that certain individual civil rights be curtailed or restricted to preserve and protect the democratic framework. Therefore the restrictions that exist under Sections 1 and 33 are perfectly reasonable and necessary to protect freedom and democracy of the many. There are also specific examples that may be cited to demonstrate how the Charter does provide for flexibility in application.One controversial area where the protection offered by the Charter has been claimed to be inadequate has to do with aboriginal languages, vital to the preservation of aboriginal culture. The provisions of the Charter recognize only English and French as the official languages of the country, used in Parliament. But this cannot immediately be construed as a discriminatory measure against aboriginal languages. Section 22 of the Charter clarifies that nothing in the Charter is to be construed as limiting or diminishing the legal and customary privileges associated with other languages.
A very important aspect of Marine Insurance law is the risk of ‘perils of the seas’. In maritime journeys, the risk of perils of the sea is the most probable risk to the ship. It is very natural for a ship owner to contemplate marine insurance so that he can recover any loss caused by destruction of the ship due to perils of the sea. There is a condition that is strictly attached with Marine Insurance which is the seaworthiness of the ship in question. S. 39(4) of Marine Insurance Act, 1906 states that, A ship is deemed to be seaworthy when she is reasonably fit in all respects to encounter the ordinary perils of the seas of the adventure insured. It means that the ship must be able to bear the ordinary risks that are encountered in a voyage and the owner must take necessary steps to make any repairs that are required to make the ship seaworthy. If it turns out that the ship was sunk or destroyed because it was not seaworthy, the owner would not be able to recover anything from the insurer. It is also important that the ship is insured against the risk of perils of the sea. The burden of proof that a ship has sunk due to perils of the sea lays on the plaintiff i.e. the owner. However, the defendants are allowed to prove that the ship has not sunk due to the perils of the sea but it is not obligatory. The Popi M In The Popi M 2 Lloyd’s Rep. 1, Popi M, a conventional cargo ship, sank in calm weather in the Mediterranean Sea off the coast of Algeria in deep water and it was laden with a cargo of bagged sugar. The plaintiffs sought to claim insurance from the defendants, hull underwriters, claiming that the ship sank due to one of the perils that they had insured against. The burden of proof that the ship sank due to the perils of the sea was on the plaintiffs. The plaintiffs explained that the ship had collided with an unidentified, moving and submerged submarine which was unseen and went undetected. Inquiries were made as to the seaworthiness of the ship and it was found that the ship was seaworthy. It was held that as the true cause of the sinking of Popi M was in doubt and the plaintiffs had failed to provide a justified explanation that the ship had sunk due to the perils of the sea, the plaintiffs’ claim was rejected. This case reveals that the proof on balance of properties is very important in Marine Insurance Law. It means that the proof which has to be given by the plaintiffs must be probable and convincing so that it can be relied upon. A collision with a submarine would surely have a two-fold effect and there was absolutely no evidence to believe that there was, in fact, a submarine that had collided with the ship. It is also very improbable that the collision occurred accidently because the submarine was undetected because even if it was, the ship itself was very detectable and the operators of the submarine would have seen it surely. In any case, this is not included in the risks of perils of the sea. The proof provided by the plaintiffs was insufficient to fulfill the balance of probabilities and the court declared that it was impossible that it could have happened. The defendants had no obligation to give an alternate explanation. It was enough for them that it was very improbable that the ship sank in a calm weather due to perils of the sea. The Marel Another very important case regarding ‘perils of the sea’
However, before the Roe v. Wade ruling in 1973 which legalized abortion in the U.S., this practice was common. Prior to abortion being legal, many untold thousands of young women were injured and died while trying to end a pregnancy while the wealthy women were able to have illegal abortions performed safely usually outside the country. The rich were able to travel overseas or pay inflated high prices to a local physician who was willing to perform the operation but poor woman had to resort to more dangerous options. Criminalizing abortions never has and never will stop them from happening. it just harms women. Those persons opposed to legal abortions are the same ones who oppose programs that aid the poor and abused kids who resulted from unwanted pregnancies. They point to ‘family values’ and ‘Christian morals’ as the rationalization for discrimination of the impoverished, the loss of liberty, and the increased numbers of injured women. There will always be ideological differences between factions but the dispute as to whether abortion should be legal is a matter for the justice system, courts and judges, as are all legal matters. This paper considers the legal arguments of the abortion issue. The emotional arguments for and against are important from a social context yet but peoples ‘feelings’ about abortion will not decide whether or not the procedure remain lawful and safe. The 1973 Roe v. Wade U.S. Supreme Court case decided that women have the constitutional right to have an abortion performed up to a point when the fetus is viable, meaning when it can live on its own outside the woman’s body. The decision nullified any state law that disallowed a woman to have or a doctor to perform an abortion during the first trimester (three months) of a pregnancy. The ruling also restricted abortions during the second-trimester with the exception being if a woman’s health is in danger (Roe v. Wade, 1997: 312). Though the decision was controversial then and remains so today, the Court’s decision was right from a constitutional perspective. Detractors of the decision have commonly made arguments based on personal ethical beliefs which are immaterial when the language of the Constitution is scrutinized. Their moral objections regarding the Roe decision can be rapidly invalidate by evaluating the precedents of constitutional decisions by the Supreme Court and reading the specific wordage of the Constitution. There are, however, legitimate questions concerning the Constitutional issues of the Roe decision that merit answering. When most people speak disparagingly of the Court’s decision, they base their disapproval purely on moral justifications but lawyers, scholars and especially judges who criticize the decision should only do so based for constitutional reasoning in addition to expressing their moral objections. Opposition to the decision should speak to the 9th Amendment which states, The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people (Bill of Rights, 2006). Opponents say that the ninth, and all other amendments, do not explicitly mention abortion consequently the Constitution does not apply when trying to establish the legality of abortion rights. This view, however, clearly contradicts the short and succinct statement that is the Ninth Amendment which undoubtedly encourages the right to an abortion and all other rights whether or not explicitly stated in the Constitution. Just because a specific word or phrase does not appear, the Constitution remains the source for legal precedence for this subject as it is for
Defining Marriage Same sex marriage has been under heavy scrutiny since the time same sex intimate relationships came into existence. For years people involved in such relationships have fought hard for their rights. Their hard work and commitment to the cause have provided them with favorable results. Certain nations as well as states of certain nations have made same gender marriages legal. Same sex marriages are not only a political, economic or religious issue, it is mainly an ethical issue which can be solved with ethical decision making tool of utilitarianism. The law is one avenue that needs to look at issue from the point of ethics and so the decision of whether same sex marriages should be made legal or not should be decided through ethical decision making tool of utilitarianism. The ethical decision making tool of utilitarianism suggests that those actions should be rendered as ethical that result in highest amount of benefits to the overall society and not just certain portions of the society (Mackinnon 37). The tool even suggests that costs and benefits associated with a particular action should be weighed before recognizing a particular action as ethical or unethical. In the case of whether same sex marriages should be rendered as ethical or unethical and or legal, the law can take help from the ethical decision making tool of utilitarianism. The laws either have the option of not recognizing same sex marriages as legal or the law can legalize such marriages. If the law continues to regard such marriages as illegal, this decision by law would favor a few and cause disadvantage to the remaining members of the society. If the law regards such marriages as legal, the overall society would benefit while only a few negative effects may be experienced by the society. Some of the several benefit that same sex marriages have to offer includes a solution to the problem of children who are unwanted and the burden on the state to take care and provide for such children. Since, couples in similar sex marriages cannot produce children, they will be willing to adopt children and take care of them. Due to this, homeless children will gain better homes and supervision of parents to live under and the state’s burden of taking care of parent less children will decrease. A major issue experienced by same gender couples is that they do not enjoy rights that have been provided to opposite sex married couples. If same sex marriages continue to remain illegal, the legal system will be acting in a discriminatory manner where individuals of different sex couples will enjoy benefits and individuals from same sex couples will have to experience hardships. Same sex couples are not allowed to make decisions for their soul mates and they are not allowed to visit them in healthcare settings and due to this they experience a lot of emotional issues. Legalization of such marriages will provide both same sex and opposite sex couples with equal rights and benefits. Marriages are a personal matter where couples have the right to decide who to marry and whom not to marry. Same sex marriages are even similar to opposite sex marriages as these marriages are an outcome of love and affection two individuals have for each other. Same sex marriages are not causing any harm to the society or any other constituencies, these marriages are opposed by religious identities without any reason. Religious identities should focus on other matters that are ruining the society, instead of focusing on a issue that is not causing any damage to the society. One of the weaknesses associated with utilizing this theory for deciding whether same sex marriage should be legalized or not is that application of this theory means that the motive due to which such marriages are being protested in favor of is not taken into consideration under utilitarianism. There may be several reasons that are unknown and due to these reasons same sex couples are protesting to legalize these marriages. These reasons may include methods of gaining tax relief from the government or manipulating the government’s policy of immigration. Another issue is the 100% of the society cannot be benefited from a particular decisions, even if a decision is benefiting 75% of the society, the remaining 25% are being negatively impacted by a decision that is regarded as ethical under the theory of utilitarianism. I completely agree with the decision of legalizing same sex marriages as I believe that this decision will only benefit the society. Works Cited Mackinnon, Barbara. Ethics: theory and contemporary issues. 7th ed. Belmont, Calif.: Wadsworth/Cengage Learning, 2012. Print.
However, what they failed to realize was that even though a society can help them in creating a peaceful and just environment under which everyone can live together peacefully, it cannot break the psychological and emotional barriers created by different ethnic and religious backgrounds. Hence, instead of living together under one set of norms and values, people started forming their own communities and making their own rules according to their values and traditions. This led to the creation of many problems, which threatened the peaceful existence of people in the society. To understand these community problems, it is necessary to evaluate the situation through psychological and social perspective. This effort has been taken by the authors Faye J. Crosby and Elisabeth Lubin, in their article Extending the Moral Community: Logical and Psychological dilemmas. From the article, it becomes clear that the only solution to the problem of violence and hatred in the society is to ‘forget and forgive’ the past and accept the people as they are, because it is the ‘past’ of the human beings which haunts them psychologically and provoke them to take revenge through violence, hatred and destruction of people belonging to other communities, who they think have done wrong to them. However, people who can take an important step towards eradication of hatred between people from different communities, are the students from educational institution because they are young, open and more willing than their parents to understand and accept people from ‘other’ communities. University as moral community ‘Community’ is an important aspect of the society. It is made of a group of people who share same culture, values and ethnic background and who prefer living together in same area or locality. As ‘community’ is made up of people who share same personal and social values, it allows its members to express themselves freely without the fear of hurting someone’s sentiments or insulting their traditions unknowingly while expressing. Hence, people form communities to feel safe, comfortable and respected. However, society is not made only of religion, ethnicity and traditions. To maintain peace and equilibrium in the society, the system of law and order has been established based on the morals held by people. As it is the morality of people which is the core of the society and communities, the authors of the article Extending the Moral Community: Logical and Psychological dilemmas, have kept ‘moral community’ as a focus of their discussion. According to the authors Faye J. Crosby and Elisabeth Lubin, moral community is a group to whom the rules of justice apply (1). What they mean is that a community is called a ‘moral community’ when people belonging to that community agree to follow the laws, rules and restrictions that are set by the authorities of the community. The word ‘moral’ in the ‘moral community’ refers to the social principles, ideas about the ‘right and wrong’, values and beliefs that are held by people. Hence, people in moral community follow the same set of rules which are applicable to everyone who belongs to the community. Sadly, the
The workplace deviance has been defined in a number of ways. Robinson and Bennett (1995) defined it as a voluntary and intentional behavior that infringes and goes against the norms and behavior standards of the organization. They also significantly threaten the reputation and well being of both the organization and its employees (Robinson Bennett, 1995). Robinson and Bennett (1995) further went ahead to divide the deviant behavior into two clear-cut categories. In one case scenario, the deviance can be targeted at the organization which was called the organizational deviance. In the other instance the deviance is targeted at the member of the organization which was called interpersonal deviance. The example of organization deviance includes. workplace theft, damage to the property of the organization, habitual late arrival at work, disengagement and disinterest in work-related activities. The behavioral misconduct towards the colleagues, supervisors, subordinates, inmates (in case of police) come under the category of interpersonal deviance. The deviant behavior at a workplace is unethical, unwelcome and uncalled for. It leads to disparaging and adverse impact both on the employee and the organization’s long-term reputation and well being. The deviant behavior in the police officers in the professional industry as a whole is perhaps more detrimental. The ethics in the police or the non-deviant behavior accounts for a reputable police department and a very safe community. According to Gilmartin (2009), one of the greatest obstacle facing the law enforcement administrators is to be able to create and maintain a value-based agency where the cadre of officers follow an ethical code of conduct with a commitment to preserve and sustain the peace and value of the society on the whole.
Teenage Pregnancy The purpose of this paper is to provide an annotated bibliography as a follow-up to the outline that I had prepared on the topic of teenage pregnancy. It is my belief that there is a significant economic burden placed onto the shoulders of teenagers who give birth that do not have a solid familial economic support system. As such this annotated bibliography will provide some information on what some other academic sources have to say about the issue. Moreover this paper will discuss the credibility of the outlined sources. One of the first main points that should be covered in this paper is to highlight what exactly would be the outcomes of somebody were to not get an abortion. Kate Kerzinke outlined an effective paper on this topic in 2003 in the New York Times. The author identifies that there is a cycle associated with teenage pregnancy which is that a teenage girl gets pregnant, leavers their formal education, becomes dependant on welfare and in turn raises a child that herself becomes a teenage mother and then repeats the cycle. Whilst this paper does not necessarily come directly from an academic journal it was published in the New York Times which is a fairly reputable publication. Moreover there may be a concern that the information is not the most current however for the purpose of this paper, the source will be used to discuss socioeconomic problems and not demographic trends so the information would remain up to date. The next source that will be examined I a paper that highlights where demographic trends are heading in regards to teenage abortion. Bielski, 2010 was an excellent source for this information. His work which appeared in the Globe and Mail identified that the abortion rate droped by approximately 36.9% in Canada. Although it is the case that the focus of this research was in the Canadian Market, one could make the argument that Canada and The United States are nations that are not totally unlike each other. Moreover the article appeared in a newspaper and not an academic journal but much like the New York Times, the Globe and Mail is a respected article and as such is heavily scrutinized by the Canadian public. Finally the trends highlighted in the publication are not self produced and as such represent findings that were presented in the Canadian Journal of Human sexuality which also presents information on the demographic changes in the United States of America. The next topic of information that will be covered is where the demographic trends of teenage pregnancy will be going in the near future. Stein (2011) published a piece in the Washington Post regarding how the economy had affected the abortion rate. Again it is the case that this is a newspaper publication by the Washington Post is respected for its journalistic integrity. Stein identified that the number of women who had incomes below the federal poverty line increased approximately 60% according to information published in the Guttmacher institute. The is promising information for the purpose of my paper as it is my belief that women who do live beneath the poverty line could benefit from abortion as a means of securing a better future for themselves. It is important to highlight that there are potential health problems associated from having an abortion performed. Smith Pell (2001)outlined that there is the risk of adverse perinatal outcomes associated with first and second births. This article appeared in the British Medical Journal which is academic (Peer Reviewed) and as such does represent a credible information source. From this perspective it would represent an excellent academic source although the findings may provide some contrary arguments to my thesis statement. The final article to be covered in this paper is by Elders et al (1990) which discussed the national perception on adolescent pregnancy. The publication appeared in the Berkley Law Journal which is peer reviewed and does represent a good academic source for the purpose of this paper. Although it is the case that the article was published in 1990 it is my belief that the discussions that were conducted in this paper are an excellent source for information on some of the moral objections to teenage pregnancy so for the purpose of my paper this is an excellent source of information. References Bielski, Z. (May 26th 2010) Canada’s teen Birth and Abortion Rate Drops by 36.9%. The Globe and Mail. [online] Available at http://www.theglobeandmail.com/life/canadas-teen-birth-and-abortion-rate-drops-by-369-per-cent/article1581673/ Accessed on March 26th 2011. Elders, M. Joycelyn. Hui, Jennifer. Padilla, Steff (1990) Adolescent Pregnancy: Does the Nation Really Care. Berkeley Women’s Law Journal P 170. Kerzinke, K. (2003) 30 Years After Abortion Ruling, New Trends but the Old Debate. New York Times [online] Available at http://www.nytimes.com/2003/01/20/us/30-years-after-abortion-ruling-new-trends-but-the-old-debate.html Accessed on March 26th 2011 Smith, G. Pell, J. (June 4th 2001) Teenage pregnancy and risk of adverse perinatal outcomes associated with first and second births: population based retrospective cohort study. British Medical Journal. University of Cambridge, Rosie Hospital. Cambridge CB2 2SW Stein, R. (2010) Has the Recession Affected Abortion? The Washington Post. [online] Available at http://voices.washingtonpost.com/checkup/2010/05/has_the_recession_affected_abo.html Accessed on March 26th. 2011.
Divorce is ‘a judicial declaration dissolving a marriage in whole or in part, especially one that releases the husband and wife from all matrimonial obligations’ (Dictionary.com, 2010). In addition, divorce decree decides how the parties will share the custody of children, share property, and provide financial support etc. in the aftermath. The legal aspects of divorce are largely dependent on the law of the land and the social or cultural belief systems prevalent in the region. Different religions also provide for directions in the event of divorce and how to follow the correct protocol and process for a resolution. This is the reason, why there are different types of rules and protocols that guide the divorce process in different countries and even in different states (as in the case of the United States of America). While divorce has a legal, financial and social impact on the parties involved, there are also various psychological and personal impacts on the children as well as on the ex-spouses as well (Demo et al, 2007). The detrimental impacts of divorce on all the people involved, especially the children have been reported by several scholars (Amato, 2000). and this is the reason that there is the whole industry of marriage councillors and psychologists that strive to help couples save their marriages. Even in the case of legal recourse, the courts too try to reconcile before giving a divorce decree. The reason for divorce could be diverse and varied and have been cited from the modern lifestyle to the interference of in-laws to financial pressures.
Turkey also confronts difficulties in meeting the EU’s economic criteria. Generally described as a fully operational market and a capability to contend with the EU, the economic qualification is basically analysed as the least problematic aspect of Turkey’s membership. However, the economic calamities in the country in the twenty-first century and the ensuing economic recession accompanied with predicaments experienced in the Customs Union ever more indicate that satisfying the economic conditions will be thornier than anticipated (Altunisik 2004). The reality that majority of the economic reform and technical assistance subsidies, which are chiefly obtainable for the potential and bargaining new member states, will not be accessible for Turkey, worsens the economic potentials of the country.In 1987, Turkey applied for EU membership which is three years ahead of Cyprus and Malta. However, when all of the post-Turkey applicants were approved of membership in the EU in 2004, membership arbitrations did not merely have to discuss the implications of Turkey’s full membership but to guarantee the country of full accession. For several reasons, the application of Turkey has not been regarded equally by the EU compared to the consideration it gave to other applications. To a certain extent, it has been viewed as being particularly and uniquely problematical, both politically and economically, although the latter takes less precedence over the other in terms of difficulties. This also has been partly due to the belief that Turkish membership will generate several problems for the EU and partly due to the perception of Turkey as a country extremely different from the other EU aspirant countries (Carkoglu amp. Rubin 2004).The European Council implemented the following standards for the assessment of aspirant states for membership in the EU: (1) political conditions, i.e. the state of democracy and respect for human rights. (2) economic conditions i.e. macroeconomic stability, ability to deal with competitive pressure. and (3) the ability to adapt the body of Community Law (Carkoglu amp. Rubin 2003: 44).
Are they also connected with the work of Marcuse? During the latter part of the 1980s, technology was starting to explore boundaries which used to be just a part of human imagination. There are links one way or another between PBS’s Digital Nation and the works of the 3 sociologists previously named. There can be a number of theories which can be related to this emerging Digital Nation. With the emergence of communication with the use of webcams, people from different locations can see the person they are talking to. They can give instructions as if the directive is being given to an employee at front. Taking for example is the theories and concepts proposed by Karl Marx. The German philosopher/sociologist among many others stated in his Economic and Philosophic Manuscripts of 1844 that, The capitalist can live longer without the worker than can the worker without the capitalist. Combination among the capitalists is customary and effective. workers’ combination is prohibited and painful in its consequences for them (Marx, 3). With the emergence of technology as stated above, workers can perform the tasks presented onto him without being physically present at the workplace. Though technology lessen the need of the workers to travel from their home to the workplace, the interaction between workers and capitalists also lessen as technology usage enable the worker to perform the tasks at the vicinity of their home. As such already stated, interaction between workers also lessens therefore technology or the digital nation does not promote camaraderie. In a way, the technological advancements present in the society makes people some sort of anti-social. Fewer interactions also sometimes equates to lessening the opportunity for people to gain knowledge. This digital nation gives opportunity for those who are introvert while it demotes those who are extroverts. As Marx puts it into context: Division of labor and exchange are the two phenomena which lead the political economist to boast of the social character of his science, while in the same breath he gives unconscious expression to the contradiction in his science – the motivation of society by unsocial, particular interests. (58) The digital nation that PBS presented negates the theory or concept that Karl Marx has proposed more than a century ago. According Marx’s Wage Labour and Capital, Their commodity, labor-power, the workers exchange for the commodity of the capitalist, for money, and, moreover, this exchange takes place at a certain ratio. So much money for so long a use of labor-power. (11) Since workers does not need to go to the workplace to perform the tasks they were hired to do, is the digital nation favors the capitalists more rather than the workforce? Further analyzing the Frontline episode, one can conclude that a reason for companies to accept home-based workers is that they are getting the workforce number yet they do not necessarily give more benefits and wages since the worker does not need to travel to the workplace and stay there for 8 hours or more. In the Digital Nation documentary, the producers pointed out that there will always be gains and losses. Could the gain be directed to the companies who have introduced the technological gadgets and websites and losses would be put on the people who are using them? It is like the law of supply and demand. The more
The research objective is to determine if additional U.S. military capabilities brought to bear against Mexican DTOs would increase interdiction effectiveness and reduce the flow of drugs into the United States across the Southwest Border.This research is based on one significant assumption: Namely, that interdiction at the border will have a positive impact on the penetration of DTOs into American society, the profitability of the drug trade, and the level of drug use in the United States. There are other approaches to the problem. Some groups advocate legalization, others focus on the demand side and advocate more treatment programs for users and abusers of illegal drugs. On the supply side diplomatic pressure on the countries that produce the drugs or assistance to their military and police organizations to increase their effectiveness. This proposal assumes that enhanced interdiction efforts on the Southwest border will negatively impact Mexican DTOs and reduce the use of illegal drugs within the United States.The most important term to be defined is Military Support for Civilian Law enforcement Agencies (MSCLEA). The recent text defines it as technical assistance rendered to civilian law enforcement agencies. This can include military resources that are not available to civilians such as aerial surveillance, technical assistance with these resources, and tactical advice. It does not include actual law enforcement powers. (Sergienko, 2006, p. 395)United States Northern Command (USNORCOM) defines MSCLEA as precluding members of the Army, Navy, Air Force, or Marine Corps from direct participation in a search, seizure, arrest, or other similar activity unless participation in such activity by such member is otherwise authorized by law. (USNORCOM)In law the restrictions on MSCLEA are outlined in U.S. Code TITLE 10 gt. Subtitle A gt. PART I gt. CHAPTER 18—MILITARY SUPPORT FOR CIVILIAN LAW ENFORCEMENT AGENCIES and U.S. Code TITLE 18 gt. PART I gt. CHAPTER 67 gt. § 1385.
Whereas in Seneca’s ‘on shortness of life’, he explains the life is not short as people think if it is used in the right manner. Nature has given enough time to human being to accomplish what they want. He sees natural phenomena as the metaphor for life. So death is a natural process to him, which has to be dealt with courage and willingness. According to him, human spirit should adapt to the natural law of death. He claims that human beings are bad soldiers who do not follow the commands of God. This is very true as it can be seen widely that human beings have always acted opposite to God’s commands and rules. It is natural for beings that are once born to die and accepting it is the wisdom in real man. In the same manner, Socrates also suggests that man should neither fear in life nor in death. From his thinking, we can understand the greatness of him. The first and worst fear of a human being is dead and one who advocates fearlessness to death indeed is a genius. A man who is spiritually educated will never have the concern in dying as he knows it is a hard truth. He will respect and obey the law of nature and enjoy both life and death equally. This is because he knows that soul is immortal and nothing can kill it or destroy it. In the apology, Socrates gives his genuine perspective on death to people. Socrates reveals that souls are immortal and live forever. It is a fact that soul existed along with God and has been given physical form to be tested by him…. In regard to his death penalty, Socrates responded that his physical body can only perish but not his eternal soul. This is the true nature of human soul and death is just a phase in its journey. Socrates claims that feelings arise from knowledge and since he has no knowledge about death he is not afraid of it. He believes that death is a kind of blessing. This is because. death can give opportunity to a person to go to world he has not been before. There he is able to meet his ancestors and can test them and be in touch with them. This is true as nobody have any idea of where we will go after death and it would be a new experience for human beings to die and know the truth. So in such a case, one should look forward to death which is going to be an exciting experience. Seneca believes that the fear of death is the underlying philosophical root of most other human fears. Seneca like Socrates also believed in the immortal nature of soul. In shortness of life Seneca mentions that one should think about life rather than death and analyze what is important in life. One should find right attitude to time, and to value and allocate time in the right way. This is very right way of seeing life as people should utilize their time in doing good and being good. In ‘Consolation to Helvia’, Seneca consoles his mother by saying that material comforts are not the end of life. He explains about the relationship of Man with God and position of a person in the universe. It is true that once we understand our relationship with God we would not be afraid of death. One should understand the working of the natural world to eradicate the fear in the mind about death. Also Socrates in his apology mentions that he has no feeling or emotions about death. He explains that it is not
Broadly, tenancy in the United Kingdom (UK) is covered under the housing law. residential tenancy law is regulated by several Housing Acts. According to Cowan (2011, p. 15), these Acts have provisions on the legal framework upon which residential tenancies are based. The provisions give extensive information concerning tenants and landlords’ regulation, procedures, and rules about tenancy law, in addition to providing legal protection to both the tenants and landlords on matters relating to rent areas, possession rights, termination of tenancy, rent increases, and eviction (London Borough of Hounslow, 2012). This discussion will focus on housing law issues relating to seven students of the University of Westminster namely. Ben, Mohammed, Melissa, Rashid, Mary, Jim, and Joanne. With regard to Ben, he lives in halls at the Marylebone Campus and has been given a university tenancy agreement to stay until May 2011. Ben is under the Assured Shorthold Tenancy (AST). this type of tenancy has fixed term which is often a year or six months. Also, it can be of the period less than six months if the landlord and the tenants agree (Davis and Robson, 2008, p. 36). London Borough of Hounslow (2012) states that under this type of tenancy, a tenant has a right to stay for a minimum of six months in the property unless there are grounds to end the tenancy, that is, to evict the tenant. Since Ben has been given a university tenancy agreement to stay until May 2011 it means that he is under AST since it requires that a fixed term of tenancy be provided for the tenant as it is the case with the Ben (Davis and Robson, 2008, p. 49). Also, just as the characteristics of AST requires, Ben’s stay in the property is a fixed term of six months until May 2011.
What makes the Portfolio project very interesting is the rare opportunity that it gives students to go back and change things. I have realized, as the course progressed, that in real life people were not afforded with that kind of chance- to correct past misdeeds and thus change the direction of their lives. The combination of knowing one’s mistakes, false conclusions, biases and prejudices along the way coupled with the power to change what needed to be changed made the Portfolio project one of the best platforms for learning. The opportunity to re-examine, re-think and reconsider is a very nice prospect to have not only in academic works but also in one’s everyday existence. Do we go to the question on what is Law? Of course, it should be expected that a critical introduction to law should include a discussion of what the Law is. Like most people dealing with introductions, I have opted to answer this question firstly through supplying its definition and by providing examples thereafter. I have also included some points about cultural and social contexts in Law, which explains the distinction between the set of laws of different nations. By writing this piece, I have realized instantly that the law is not just a set of rules that people would have to follow. It is more than a bulk of legislation that lawmakers deliberate day-in- and out. The law is a constantly evolving entity. It changes and adapts to the needs, beliefs, and prevailing values of the time. I have illustrated the malleability of the law by citing the cases Plessy v. Ferguson, 163 U.S. 537 and Brown v. Board of Education of Topeka, 347 U.S. 483 (1954) on legal segregation and equal protection of the laws clause. This fluidity can also be seen with Sweden’s anti-piracy law and the fictional segregation and curtailment of civil liberties in the film District 13.
Question The United s is recognized by a high rate of criminal activity. There are different factors influencing it. However, it is vital to point out that victims do not report crimes to the police due to the fear of being punished by current and potential criminals. On the other hand, some victims are too worried to give evidence in the court after long and persistent persuasion to charge an offender on the part of the police officers (Sanders amp. Grainger, 2003). Besides, those having families and close relatives worry to expose them to the danger of being severely punished. This is why it is all about personal safety of victims being either bullied or paid to keep silent. To say more, victims feel unsafe as they sometimes find it hard that they are treated just like any other witness (Sanders amp. Grainger, 2003, p. 34). Hence, these impediments serve to keep victims away from witnessing. Question 2 Making laws against juvenile delinquency tougher is a way out on the grounds of a rational logical treatment. However, when judges and legislators tend to do so, the rate juvenile delinquents is still growing (Siegel amp. Welsh, 2008). There should be some approaches toward improving the social base for chronic delinquents. One of the most powerful instruments is to make them participate with the professional psychologists and teachers. It is not an absolute way to reduce the rate of delinquency but to make it somewhat lower than today. Thus, deterrence should not solely touch upon law enforcement as it has no positive results. Reference Sanders, J., amp. Grainger, R. (2003). Youth justice: your guide to cops and court in NSW (3 ed.). New York, NY: Federation Press. Siegel, L. J., amp. Welsh, B. (2008). Juvenile delinquency: theory, practice, and law (10 ed.). Upper Saddle River, NJ: Cengage Learning.
Essentially, there are laws governing criminal offences as well as civil offences. In addition to underscoring the punishment that the offenders should be accorded, the laws offer principles that need to be put in consideration before the suspects are justified to have committed the alleged offences. In this consideration, law is an instrument of furthering justice and ensuring that all individuals are treated equally. Offences related to assault are defined to be criminal by the law. This is due to the fact that they expose the individual to harm or danger that compromises their life. Put differently, assault is a criminal offence that compromises the life of a victim. It exposes the victim to danger and/or instils a demeaning sense of fright. Usually, the legal implications of assault are immense. For this reason, it is important for the prosecutors to weigh the options and establish that the offense actually occurred. It would be unfair to prosecute a person if it has not been clearly established that the offense actually happened. It is against this background that this paper explores the guidance and general principles that need to be put in consideration when making the decisions regarding whether to prosecute Billy for the alleged assault. Generally, assault is defined as any act, as opposed to a simple omission, in which an individual recklessly or intentionally causes the other to apprehend unlawful and immediate violence. As in R v Burstow. R v Ireland (1998) 1 AC 147, fear is an inherent factor of assault. In addition, assault does not necessarily constitute physical contact with an individual that alleges to have been assaulted. In light of Barwick CJ in The Queen v Phillips (1971) 45 ALJR 467 at 472, the mere instillation of fear amounts to assault (Loveless 42). With reference to the case study, Billy assaulted the youngsters psychologically. Arguably, the two children were filled with fear when their mother was hit in their presence. In this sense, Billy is liable for the offence of assault. The principle of recklessness is also important in establishing the charge of assault. In instances where the crown relies on recklessness to make the vital decisions and where physical force is not applied, Monaghan indicates that it is essential for one to prove that the accused was aware that the complaint is likely to fear that s/he would at that particular point in time be subjected to unlawful and immediate force (64). Regardless of this knowledge, the accused went ahead to take the respective risk. In instances where physical force is applied, the crown needs to prove that the accused was sure that the complaint would actually be exposed to unlawful force, however minimal, as a result of what he was just about to do, but still took the risk that the respective incident might happen. A classic exemplification of this is by R v Savage. DPP v Parmenter  1 AC 699 (Monaghan 65). With reference to the case study, Billy clearly knew the implications of hitting his wife with a leg of a chair on her head. It has not been indicated whether he was under the influence of alcoho
Therefore, the University cannot exclude itself for any liability as a result of negligence, based on the provisions of term (c) of the tenancy agreement since it does not satisfy the requirements of liability, specifically, Schedule 2(a), which requires that for reasonableness to be satisfied, both parties ought to have bargaining positions relative to each other with regards to the availability of any alternative means via which the requirements of the customer could have been met. This is supported by Phillips v Hyland  1 WLR 659. Ms. Edwards did not have bargaining power relative to that of the University of East England. With regards to other alternatives, she did not have any other since the University of East England offer was the cheapest, which Ms. Edwards could not find anywhere and as such it seems she was under some sort of pressure. According to Schedule (d), for term c to be deemed reasonable, it must be satisfied that at the time of the contract, compliance to that term would have been practical. This is supported by Smith v Eric S Bush  UKHL 1 2. … If it pleases you My Lady, I will start with my first submission My Lady, the appeal before you is for the determination of whether a judge in a trial court erred in law in his decision in favor of the respondent, Ms. Edwards. The Appellant, the University of East England argue that, the trial judge erred in law in his determination that a term in a tenancy contract between the University of East England and Ms. Edwards , specifically term (c), which states, c) In the agreement, the University dissolves itself from taking any responsibility in case of damage to a student’s property within its premises, was unreasonable. According to the Appellant, the University of East England, that term, (c), of the tenancy contract satisfies the thresholds for reasonableness on the basis of Section 2(1-2) of the UCTA 1977. We contest this notion and affirms that, the trial did not make in error in law on the basis of Section 2(1-2), which states, In the case of other loss or damage, a person cannot so exclude or restrict his liability for negligence except in so far as the term or notice satisfies the requirement of reasonableness. We argue that, the University cannot exclude itself from liability arising from any loss or damage caused by negligence based on term (c) of the tenancy contract since it does not satisfy the requirements of reasonableness. My Lady, Schedule 2(a) of the UCTA 1977, requires that, for a term in a contract to be deemed reasonable, both parties ought to have bargaining positions relative to each other with regards to the availability of any alternative means via which the requirements of the customer could have been met. This was held in Phillips v Hyland  1 WLR 659, where, Lord Justice Slade, Mr. Justice Neill and Sir John Megaw, held in
Today any and every business would like to open up their business in the United Arab Emirates as it has become the crossroads for some richest and the most famous people all over the world (Whelan, 2010).There are seven states in the United Arab Emirates federation they have a supreme and consolidated law for all the states. Except for Dubai, Dubai enjoys some special privileges, it has the basic laws similar to the general ones but it has been given the right to deal with the internal situations by itself and some other rights. These relaxations are only granted to the state of Dubai alone.The law of the United Arab Emirates has been designed keeping in mind the civil laws of the old times. It has major principle underlying of the Egyptian law and the rules and regulations are governed by the Islamic laws and practices. In Saudi Arabia, it is a bit different, in spite of the fact that they also have a large of a foreign population and they have a near similar culture to the United Arab Emirates, but they have a complete Islamic system, and all of their legislation and legal proceedings are governed by the Islamic Sharia’h. Earlier they had a very simple law, but with the influx of foreign companies and the foreigners along with the companies they have had to modify their laws greatly, the Islamic punishments are still present but the laws have been given an international touch. With the increase in globalization, the international specifically the western influence has increased greatly, and therefore they have tailored their laws a bit.The courts in the United Arab Emirates are al under the same law, except for the Dubai court, which has its own hearings and proceedings. The Dubai court has its own rulings and hearings. They have a separate division for all kinds of situation. They have a civil division, a sharia division, an international division as well. The Sharia law is generally used only when there are some family feuds or some other issues like family inheritance problems.
the common law acts as a foundation for the English legal system, one cannot construe that statute law is of less significance. For instance, statute law offers codification of some rules but the common law offers clarifications and interpretations when details of instant cases are employed to the codified law. Thus, the statute law and the common law harmonise or complement each other too. The statute law is being kept in an updated form due to the common law and thus keeping updated with the modern solutions and issues as well as establishing a precedent where there is the non-availability of statutory codification. However, in statutory interpretation, courts still use the doctrine of the common law. Thus, the introduction of a large number of statues has, in fact, restricted the usage of the common law but has not ended judicial supremacy of the common law. A contract is an agreement but an agreement may not necessarily be a contract. Critically discuss this statement. An agreement is a promise or a band of promises with adequate and lawful consideration for a lawful object which can create a legal relationship or commitment between two or more parties. A legally binding relationship or agreement between two or more individuals to execute or to not to do certain acts is called as a contract. A legally bonding exchanging of promises between two or more persons, which will recognise the contractual relationship can be called as the contract. The essential elements of contracts are an offer, acceptance, capacity to contract, lawful consideration, with a goal of creating a legal relationship on a lawful subject matter.
Initially, in Fox v Leighton Contractors Pty. Ltd. amp. Ors  NSWCA 23, the Court of Appeals assessed the trial judge’s conclusion of whether Mr. Brian Fox, had contributory negligence, given that he then knew that the pipe was not attached to the waste bin. The trial judge (Gibb DCJ) held that Mr. Fox was liable for contributory negligence in at least 25% and the evidence may have justified a greater percentage (Fox v Leighton Contractors Pty. Ltd. amp. Ors ). The trial judge also concluded that Warren Stewart Pty Ltd, a company subcontracted by Downsview Pty Ltd to carry out the concrete pumping, was liable to Mr. Fox in the amount of $472,561.95 in damages (Fox v Leighton Contractors Pty. Ltd. amp. Ors ). The trial court, however, concluded that Leighton and Downview were not liable. Warren Stewart Pty Ltd did not appeal this decision. However, Mr. Fox appealed against the dismissal of his claims against Leighton and Downsview. The Court of Appeal allowed the appeal, and essentially upheld the liability of both Leighton and Downsview which the Court said were each subject to a common law duty of care for the benefit of Mr. Fox and that each was in breach of that duty (Fox v Leighton Contractors Pty. Ltd. amp. Ors ). Hence, judgment was made against Leighton and Downsview in the sum of $472,562. In tackling the liability of Leighton as a principal contractor, the Court explained that the circumstances in which one party will be responsible for the negligent acts of a third party is determined by the law in accordance with principles which are neither precise nor clearly defined in terms of underlying policy (Fox v Leighton Contractors Pty. Ltd. amp. Ors , par 32) It explained that a commercial enterprise may owe a duty of care to a third party directly, or it may be vicariously liable for the acts of persons by whom it undertakes its operations (Fox v Leighton Contractors Pty. Ltd. amp. Ors , par 32). Les in which one party will be responsible for the negligent acts of a
As such, everyone is entitled to enforce natural law in order to uphold these rights. Secondly, he purports that as an individual ventures into societal relationship with others, he trades what goods he possesses for goods he does not, and as such forms a reason to formulate methods to facilitate the trade of goods, such as the use of money, since money is non-perishable in contrast with food. As such, when money is injected into the system, individuals may pertain to give up their natural rights in order to be governed by a select group of people who exist solely to protect their welfare and property. These representatives work by introducing a system of laws and rules that expand over the societies they govern, and are in charge of enforcing them. However, they must only adhere to the interests of the societies at large, and hence, are at the complete disposal of the individuals and are subject to replacement at the people’s discretion. Locke thus emphasizes a Laissez Faire style of government which respects tolerance and moral values announced by natural rights than a strict measure of communism or monarchy. His political ideology promotes distinct sense of social awareness and respect by all of natural law. Argument against John Locke’s theories Locke’s focus on individual precedence over societal matters suggests two things. The first pertains to the regulation of civil society in that the people realize a need for preservation of their material belongings such as house and property, a measure they cannot administer individually by way of natural right as that might render their judgement partial and unjust. As such, they resort to giving up their natural rights so a body of executives can adjudicate on their behalf. This is because if individuals resorted to upholding their natural rights themselves against those who wronged them, only the strongest would survive. By letting an executive handle the adjudication for them, the judgement is deemed impartial. Of course, in conjunction with this right, Locke states that every child is born free, independent and pure, a subject of no country or government (Locke 118). However, in order to be respectful of other’s rights he must first attain majority and then make an informed decision as to which community he must partake in, for being part of one would mean his giving up of some natural rights in order to follow the customs of the community. Thus, before he attains that majority, the child is essentially without affiliation, under the care of his father, and rendered stateless in the very state he was born (Klausen 763). This gives rise to patriarchy which defines the child’s governing system resulting from tacit consent. Moreover, Locke suggests that tacit consent is binding on the individual as it forms part of his contract within the community he is born, but as the child grows up into majority, he is allowed to leave the patriarchy to which he has adhered and choose a community to consensually give up his natural rights to. This effectively declares tacit consent as NOT binding. Moreover, Locke’s policy of independence and attainment of natural liberty is only possible if there is
The monarch or Sovereign of the UK is referred to as the crown, who is the royal head of State as well as the Head of the church. One of the distinctive aspects about the Crown is the possession of royal prerogative powers. Up to the 17th century, it was the kings and queens who had absolute power, but after the English civil war and revolution of 1688, it was Parliament that was given dominion over the monarchy. But all Government actions are still taken under the name of the Crown and the prerogative refers, both historically and legally, to the power of the Crown. While in earlier years, prerogative power was vested only in the Crown, it is a controversial power in this day and age. When assessing the royal prerogative powers in conjunction with the uncodified nature of the U.K. Constitution, there exists considerable scope for abuse of executive power to take place, thereby contravening the principles of a democracy in which it is the people who are the ultimate source of power. The United Kingdom is a Constitutional monarchy, with executive power purportedly vested in the Crown. However, in reality, the business of Government is carried out by the Ministers of State in the name of the Crown. The Queen is still considered the Head of State in relation to foreign affairs and the power to summon and dissolve Parliament and the appointment of the Prime Minister are also residual legal powers that remain vested in the Crown1. While the United Kingdom does not have a formal written and codified Constitution, there is an unwritten set of rules comprised of the Acts of Parliament, judicial decisions as well as political practices that form the basis of Constitutional practice within the U.K2. The Royal Prerogative comprises those powers belonging to the Crown that arise out of the common law and are unique only to the Crown.
The paper also attempts to see specific instances that could take place in the contemporary time periods in order to make an evaluation of the same in the light of the Kantian perspectives of morality.The main area of emphasis in this paper is categorical imperative. This paper is divided into four sections including this introduction. In the second section, a discussion of hypothetical and categorical imperatives is undertaken in the light of some critical perspectives available. The third section discusses the formula of universal law under the maxim Act only according to the maxim by which you can at the same time will that it should become a universal law. The fourth section undertakes a discussion of a specific instance and the fifth section includes my concluding remarks.. . . all imperatives command either hypothetically or categorically. The former presents the practical necessity of a possible action as a means to achieving something else which one desires (or which one may possibly desire). The categorical imperative would be one which presented an action as of itself objectively necessary, without regard to any other end. (Kant 1989).According to this definition, the ends of an action determines whether the imperative is hypothetical or categorical. Thus a hypothetical imperative implies an instrumental relation between the means and the ends as is reflected in saying that ‘study well if you want topass the examination’. Here the action that is, study, is related with the goal of passing in the examination in a conditional sense.
It is important to note that in some countries like China it is a regulatory requirement that the international firms need to partner with the local players in order to make an entry into the market. Due to this regulatory requirement, international firms, therefore, have to adopt joint venture arrangements (JVA) or franchising as the most feasible methods for making an entry into the international market.The overall development of joint ventures especially was done under the English Common Law and each of the party to the joint venture maintains its individual legal entity and character because of the temporary nature of the relationship. The case with the franchising, however, is different.Over the period of time, firms traditionally adapted two methods of expanding i.e. build or buy, however, joint venture presents a third and interesting alternative to the firms to expand and grow at domestic as well as international level. Before discussing the legal issues involved in the joint ventures, it is important to understand the business reasons behind the rise of the joint ventures and how international comes into this overall scenario.There are different commercial or business reasons as to why there is a general increase in international joint ventures. One critical reason is the increase in the competitive pressures due to globalization which has forced the firms to actually look into new markets and better ways to reduce their costs. It is because of this reason that the international firms have been able to enter into the emerging and developing countries to take advantage of cheaper resources.
Also, it has aided in the understanding on what makes the objects visible. The law of reflection The rule of reflection holds for specular reflection the angle at which the wave is incident on the surface equals the angle at which it is reflected (Anonymous, 2010). Reflection occurs when the wave travels through one medium to another. This is referred to as refractive index of the media. I order to determine the refractive index of different media, the following formula is used. n=c/v whereby, n is the refractive index of the material, c represents speed of light in vacuum and v is the speed of light in vacuum (Reeves, 2008). According to the law of reflection, the angle of incidence and the angle of reflection falls on the same reflecting surface and are equal and on opposite sides of the normal line (Kosso, 1998). Also, there is an assumption of a normal line which is an imaginary line perpendicular to the plane mirror surface and is the central line between incident and reflected lines (appendix 1). When reflection occurs on an even surface, it forms a mirror image which appears overturned from right to left. However, when specular reflection occurs at a curved surface, these forms magnified or de-magnified images. Causes of reflection The nature of reflection depends on the surface in which the waves come into contact with (Jacobs amp. Schulman, 2008). … Diffuse reflection of light waves enables us to see the various objects after coming into contact with various objects. In some situations, the reflected waves return in the direction they came from. This is referred to as retroreflection hence this makes the object to appear brighter (Reeves, 2008). Also, it is possible for reflected waves to undergo further reflections after coming into contact with another surface. This is referred to as multiple reflections (appendix 2). For example, this is observed if two mirrors are placed opposite each other and then an image is placed between them. Infinite images are formed on each mirror due to the occurrence of multiple reflections. Application of Reflection Reflections of waves of energy have numerous uses in daily lives. For example, the reflection if light waves are used in x-rays whereby, the light waves are converged and focused at a point to generate immense energy appropriate for the activity (Jacobs amp. Schulman, 2008). Different materials have different refractive indices hence when energy wave moves from dense to less dense refractive index materials. the reflected wave is diverged away from the normal. On the other hand, a movement of energy wave from a material with a less dense to a material with denser refractive index, the reflected wave is deflected to the normal line. The knowledge of reflection has also been applied in radar to manage the operations of aircrafts at the airport (Kosso, 1998). The same knowledge is also applied in radio and television broadcasting among other areas. The characteristics of waves can be viewed in the water bodies or as electromagnetic waves such as visible light. Conclusion When waves come into contact with
DRAFT Look at 3 party platforms of the major political parties over a long period of time. Describe the continuities and changes that have occurred in the planks of the party platform. Ask the following questions: Has the party changed its position? What issues have been dropped? What new issues appear? What explains the changes? In the midst of overwhelming competition in the American political arena, the major political parties have always geared up for election by making competing party platforms. However, it is interesting to note that whereas the party platforms have always provided avenues for party election and endorsement for presidency, some of the platforms have been difficult to realize in the practical sense. Additionally, the main parties have always found it difficult to retain some of the platform planks. Nevertheless, some party platforms have always appealed to the general public and have therefore been retained for a long time. In this context, three democrat party platforms will be discussed in regard to continuity, changes, emerging issues, as well as possible causes of changes of the notable emerging issues. The paper will discuss the Republican Party platform of 1872, 1924, and 2008. The political arena in the late 1800s was predominantly marked by constitutional amendments, slavery, quest for human rights, liberty, and peace. It seems that Republican Party was well aware of the importance of these important elements and indeed incorporated them in their party platform of 1872. The party advocated for obedience to the law, human rights, and restructuring of financial instruments. The party supported the amendments to the constitution, equality and liberty, world peace, and special consideration on civil service remunerations. Most significant in this Republican Party platform was the advocacy on principles of annual revenue, increase on legislation, honor to state security, negation of federal debt, and additional rights to women. Considering the Republican Party platform of 1924, it is evident that most of the planks remained unchanged. However, some of the planks were changed perhaps reflecting the changing needs of the American society after a considerable period. For instance, the issues of finance and taxation, improvement of civil service, America’s financial status, and foreign relations among others characterized the 1924 party platform. It is worth noting that the rate of American Revolution between these periods was arguably slow as compared to what has been experienced in the 21st century. Therefore, the Republican Party must have deemed it fit to continue addressing these pertinent issues. However, in the wake of industrial revolution, increase in America’s population, new issues emerged thereby causing parties to inject new ideologies to their platforms. For instance, industrial revolution may have caused the party to put more focus on labor as key economic driver. Specifically the platform sought to address the issue of undue labor exactions. Other notable new inputs in this period were the issues of transport infrastructure, coal, merchant marine, aviation industry, and immigration. These new changes are a precursor to changes with the needs of the society. The Republican Party therefore had to put into consideration these emerging issues in the party platform in order to retain its relevance with time. At the same time, some issues were dropped altogether in subsequent party platforms. For example, the issues pertaining to constitutional amendments were evidently missing from Republican Party platform of 1924. Among other issues dropped between the period 1872 and 1924 were the issue of grants and public, civil rights, war veterans, franking privileges, gender and women issues, as well as specific endorsement flag bearer such as Henry Wilson for elective positions. Certainly, some of the planks changed automatically when the specific personalities associated with those planks ceased to be of public importance. For example, Henry Wilson would not have been of any use 30 years later despite being the key to end of corruption.
Adjudication especially meant for construction contract has been purposely provided for as a stop gap arrangement for relief to the aggrieved party so that, if necessary, the adjudication order can be challenged. Adjudicators are therefore ideally technically qualified so that they can replace the expert determination requirement. Moreover, the adjudication can be invoked then and there for each dispute as and when arises during the contractual process. Moreover, adjudicator is bound to give his decision within 28 days and maximum 42 days subject to being so extended by the party who referred the dispute for adjudication. Since the adjudicator is technically qualified rather than legally qualified, matters arsing in construction contracts being mostly technical in nature and having the sanction of law, the adjudication in fact amounts a hybrid form of expert determination and arbitration subject to challenge in subsequent proceedings in arbitration or litigation. The adjudication having become statutory, the decision is binding until the dispute is finally determined by arbitration or litigation. Moreover, the parties cannot contract out to dispense with adjudication. The JCT has therefore rightly incorporated the adjudication requirement in construction contracts. As in arbitration, adjudicator also is expected to act impartially. Even if it is challenged in arbitration or litigation, the arbitrator and the court are both benefited by the wisdom of technically qualified adjudicator to arrive at an impartial decision on technical and monetary issues. The adjudication therefore seems to be the ideal forum to combine both expert determinations as well as arbitration or mediation. This not only reduces the delay due to the expert determination process but also avoids the otherwise unimpeachability of the expert determination. If the expert determination is part of adjudication process, it can be challenged as well, unlike a standalone expert determination process.
For this reason, brands must select celebrity endorsements very carefully because the expense needed for celebrity endorsement is large yet there are many risks involved simply due to the fact that a brand cannot control a celebrity’s actions in either their professional or personal lives.For brands that are looking to be successful, the easiest way to do this is by associating the brand with a celebrity that already has success. The hope is that consumers will associate the success of the celebrity with the brand they are supporting. The reality is that this is very often not the case, yet it is human nature to link one success with another. The trick that marketers have is trying to convince the target market that the celebrity really does support the brand and stands for the values of the brand. Celebrity often has their own fan bases, usually in the entertainment and sporting industries, so a key reason why marketers want to use celebrities to endorse a product is to have access to these loyal groups of fans. Some high-profile companies are willing to spend millions of dollars in order to attract celebrities that are well-known. One such example occurred in January of 2013 when Nike signed world number one golfer Rory McIlroy to be its major celebrity icon. Although the terms of the deal were never released, many insiders to the deal estimate that McIlroy will make $100 million over the next five years or up to $250 million over 10 years (Crouse 2013). While this may seem like crazy money, Nike is betting on the fact that McIlroy will remain a force in the golfing world for some time yet. Because of his relatively young age, 23, he has the potential to dominate the golfing world over the next decade. When McIlroy steps up for the winning putt at some of golf’s major events, Nike wants the world to see McIlroy with his Nike cap on, the Nike swoosh on his shirt, and the Nike golf club that he is using.However, if a celebrity does something that brings shame to a brand, then it may have a long-term effect on the brand. Just recently, the well-known Paralympian Oscar Pistorius shot dead his girlfriend in his South African home. Although the details of his actions are still to be determined in a court of law, some of Pistorius’ main sponsors were quick to distance themselves from the controversy (Davis 2013). One popular new ad was a Nike ad in which Pistorius starred in. The tagline of the ad was that Pistorius was the bullet in the chamber (Davis 2013). The ad was quickly pulled by Nike when it realized how ironic this advertisement was considering the circumstances.Celebrity endorsements will continue to be lucrative for brands that are looking to increase their reach to consumers, but there are also some downsides involved if that celebrity falls from the public eye. If celebrities are used to help market products and services, then a brand needs to be very selective and only select celebrities that stand for the values of the brand.
During the late nineteenth century, white Democrats in the urban areas had established legal infrastructures that were not favorable for industrial development and business ventures, especially by the private sector. The banking industry was still at its infancy, while credit facilities and services had not taken foot. Significance of the nineteenth century poverty in American cities The late nineteenth century poverty in the cities was significant, because it would define the long-standing policies that various urban planners were to set up to mitigate the problem or any recurrence in future. these include housing projects, sanitation, sewers, garbage dumps and structured construction of buildings in the urban areas. Meanwhile, Tardanico (2008) indicates the towns concentrated more on agricultural businesses. Additionally, the period witnessed a high population influx in the urban areas, following the industrialization efforts. Law-making bodies were opposed to business and the building of a contemporary society. For instance, Alabama upheld a seven decade refusal to engage in redistrict measures, long after it had experienced major demographic transformations and economic drifts to towns. For a long period of time Birmingham city generated the bulk of the state’s revenue, but received a meager infrastructural development and services, thus leading to poverty (Lassonde, 1996). In the sunset years of nineteenth century, Texas swiftly increased its railroad coverage, building a link of major urban areas through a radial program and extended to the Galveston harbor (Riis, 2011). According to Bolland et al (2007), in an effort to improve the industrial sector was met with apparent job boycotts and labor instability among the town residents, who took home peanuts, despite their heavy toil. In 1885 Texas was among the top ten of the 40 states in which employee unrest took the toll on major industries in the town. within half a decade, it occupied the fifteenth position. More than 70 percent of labor unrest cases, mainly interstate instabilities such as telegraph workers and railway employees, took place in 1886. By 1890 Dallas developed to the biggest township in Texas (Bolland et al, 2007). The 1900 witnessed the town having a population exceeding 42,000. but by 1910, the population had immensely increased to 92,000 (Tardanico, 2008). Dallas transformed into world’s harness-making centre and a region of other manufacturing industries. As an illustration of the town’s ambitions, in late 1800s, Dallas set up the Praetorian Building, a fifteen storey edifice, the tallest on the western side of the Mississippi. Subsequently, others were soon built. Texas was completely changed by a rail transport line network connecting five significant cities, including Houston and Galveston, a nearby harbor. others include Dallas, San Antonio, El Paso, and Fort Worth. It is notable that each experienced a remarkable increase in population with more than 50,000 within less than two decades (Riis, 2011). In the five decades from 1870, the population of Americans residing in the country’s major towns increased to 54 million, up five times. Into the late nineteenth century, American townships developed in terms of demographics and extended in area by encompassing nearby villages. For instance, New York City consumed Brooklyn, Bronx and Queens, regions that appeared as politically carved
In his more private communication, he admits that he is simply against slavery and, while he is committed to upholding the rights of the southerner to own slaves, he does not see where the state of Kansas had a legal right to vote on the question of slavery. While his public appeals remain firmly rooted in reasonable and relatively settled law, his private appeal is angry, accusing his friend of offering violence for behavior against him while insisting this same behavior, used in support of his position be accepted without question. In other words, he is pointing out the many ways Speed and his friends are hypocrites of convenience.The arguments he uses in both cases include an acknowledgment of the real rights of other citizens who do not see the world as he does. He admits that he has no ready answers for the slavery question and he insists that he is not trying to introduce any change that would cause the institution or its enforcement to stop in those areas where it is already practiced as a matter of necessity to the economy of the region. However, his arguments against allowing Kansas to become a slave state are very different. In both cases, though, he clearly states that he is not trying to abolish slavery everywhere, he’s just against allowing it to spread anywhere it isn’t already practiced.In his public communications, Lincoln’s language and reasoning are characterized by concise reference to precedent, such as when he provides a succinct timeline of lawmakers attempting to limit and narrowly define slavery. He uses careful reasoning to point out how there is a difference between permitting slavery to continue in an area whose economy is already founded upon slave labor as opposed to slavery as a right of white men attempting to populate a new region. This is compared to his more private appeals, which are characterized by stronger sentiments and more direct reference. For example, in his letter, he reminds Joshua Speed about the slaves they traveled with one time on the Ohio River and reflects on how thismade him feel.
When a mortgage of the residential property fails to repay his mortgage, he will find it difficult, though not impossible to prevent the mortgage from recovering the property and selling it. Mortgage in English law results from two different influences. Its form and origin belong to the common law. the constraints by which it is made to act as security only, belong to the courts’ equity. The English law states that, if the mortgagor did not pay on the contractual date, he at one time can forfeit the mortgagee and can be sued in contract to for money repayment. Accordingly, the legal right to redeem is very limited. The mortgagee’s right to possess the residential property is exactly what is expected. By virtue of how legal mortgages are created, the lender is considered as having an estate in the residential land, thus he is given an immediate right to possession instantly the ink dries on the mortgage. Notably, the mortgagee may possess the property at any moment even when the mortgage is not in default, basing only on the provision contrary to statute or in the mortgage itself. In the usual course of events, this right will not be exercised by the mortgagee and will be content to permit the mortgagor to continue possessing the property so long as the terms of the mortgage are adhered to and payments are done as agreed. Indeed, the mortgagee could have promised in the contract not to seek possession except if the mortgagor breaches any other obligation or defaults repaying. If this happens, possession may be granted in virtue of the mortgagee’s right, not in virtue of a solution to be requested from the court2. In this context, therefore, the mortgaged property can only be taken and sold based on the procedure of mortgage creation, the rights of the lender, and the rights of the mortgagor. Before a property is taken and sold, the mortgagee and the mortgagor should both consider the way this mortgage was created.
An example can be, when one wants to purchase a product like hair gel, that is from different companies and they have a similarity in price. The consumer has to find a difference to convince them to buy one product and this makes a great impact on the consumer’s decision. On the other hand, a consumer may be confused in purchasing two similar goods but which are different, in terms of quality and price. This also, can be known as ‘high involvement in buying’ and the consumer usually looks for what will be favorable for them financially and the best quality (Groucutt, Leadley , Forsyth (2004). An example could be seen when one may be interested in purchasing a TV and they have to decide between a high quality one that is very expensive versus an average one that is of a much lower price. However, effects of advertisement fall under short persuasion. These effects are not obvious but in order to understand them, there has to be a measure of these effects. To understand these effects, a beam balance can serve as a good tool. Two brands are put on either side of the beam, it can only take a very small feather to cause a change on the balance when placed on one side of the beam. Feathers can represent balancing effects in this case instead of heavy weights. Examples of items that have a high involvement decision-making are highly priced items like cars, vacations, appliances. There is a great similarity between low-involvement items. In most cases, they are identical. It is never a major concern for customers on which of this products to buy. Advertisement effects are often greater in the low involvement products. With high involvement decisions however, there is more concern about the outcome of the weighing up process, so there is the thought about how much weight is given to each feature (Groucutt, Leadley , Forsyth (2004). This features include, quality, size or power. There are usually both positive and negative aspects involved and the more complex a product is, the more complex the assessment. If a brand is favored by an advertisement, it does not necessarily have to persuade people to buy it. All it does is to raise awareness about the product. Even though it is not easily noticeable, advertisement plays a great role. These is however visible after a significant amount of time. After the process repeating itself, small increments produce major perceived differences between brands. Considering that the making a decision to purchase the newspaper presents no significant challenge and the decision does not impact the buyer’s lifestyle significantly, low involvement buying applies to advertisement 2. This is also reinforced by the fact that people appreciate how low a chance they have at winning the high price given the number of participants that try their lack. In this sense, the potential reader does not take a lot of time deciding whether or not to buy the product. In fact, in most cases, the potential customer is little influenced by the advert as he/she has a preconditioned mind whether or not to buy the paper with or without the advert. The advert 1 below involves low involvement buying. This is because it not of much concern as it is concerned with entertainment, which has no great impact on a person’