Law Essays

International customs, treaties, general principles of law, judicial decisions and the teachings of highly qualified legal scholars have codified sources of International law. These laws are enumerated in Article 38(1) of the Statute of the International Court of Justice (‘ICJ Statute’) as the sources of international law.

While with Kim in a boxing match, he lies to Kim that his mother was there so as to distract him from the game. As a result, Kim turned and got distracted. Tony then punched him in the face and gave him a big bruise on the right cheek. He got furious at Tony’s trick and planned for revenge the following Saturday.

Courtrooms have the function of presenting the public with an opportunity to defend themselves in case a conflict arises between them and other parties. In contemporary society, everyone acknowledges the power and functions of a court of law. Courts are ritualized places where disagreements are settled amicably through the use of prescribed legal procedures as enshrined in the books of law.

According to the details of the given scenario, it is clear that there is a valid contract between Chen and John. All the elements of a valid contract are present in the agreement between Chen and John. According to MacMillan & Stone (2012), the elements of a valid contract include an offer, acceptance, consideration, intention, and certainty of terms.

The rapid growth of insecurity and the increasing rate of violence experienced by people across the world, especially in major cities are among the major challenges affecting government sustainability.   It is the duty of each local government to offer a safer and more secure environment for its citizens.

This study is about the safety of personal details against illegitimate use, storage, damage, exposure, or interference. It is always essential for the people, who are charged with the responsibility of keeping the personal details of others to ensure that the information is secure, reliable, and up to date and free of any interruptions that may result in to decline in value or make them unworthy for the purpose it was intended for.

Pre-trial Diversion has for quite a few years now become a feature of the United States Criminal Justice system whose use and popularity have continued to grow. Diversion has a number of useful purposes that make it ideal especially with regard to juvenile offenders, offenders who suffer from mental and other behavioral disorders, and those whose criminal activities may be traced to specific societal or community situations.

Generally, English contract law stipulates the necessity of consideration if an informal promise is to be enforced. In other words, consideration is the price of the promise at the implicit or explicit request of the promisor. In this regard, it is insufficient that the promisee had relied on the promise.

Under Article 53 of the UN Rome Statute (ICCS), a prosecutor has a significant role to settle whether or not to commence an investigation and, after the investigation, settling that there are not enough grounds for a prosecution. In formulating such decisions, the ICCS confirms that a factor to be regarded by the prosecutor is “in the interests of justice.”

In case of insolvency of the company, shareholders are accountable for the liability of the company only to the extent of the capital subscribed by them, and any unpaid calls due from them as creditors cannot attach their personal assets for the debts of the company as the company is distinct from its shareholders.

The company, Furniture World Ltd (FW) agreed to a number of contracts with different companies for getting products to prepare 10,000 chairs so that they can have a profit-based business by selling the chairs. The first erroneous claim was made by Fireproof Ltd, which claimed, “All schools will be required to have furniture covered with this (fire-retardant) material by the end of next year.

The penal code is very clear on the various circumstances which may be considered criminal attempts. Section 5.02 of the penal code clearly stipulates the various circumstances under which one can be victimized for an attempted criminal offense. The code defines a criminal attempt as a situation whereby a person intentionally engages himself or herself in conduct that is likely to suggest an attempt to the said offense.

There exist various crucial factors in this scenario. The first issue is the fact that Dracus’ rights under the MHA 1983 were ignored and denied to him. As Brentano points out, under section 4, an individual should only be detained for not more than 72 hours. This means that Dracus should not have been detained for four days as the case indicates.

Sylvia had been residing and working in the Member State Y of the European Union (EU) for the past year. As such, she was a national of the Member State X of the EU. Sylvia had married Luis, an Uruguayan, two and a half years ago. After obtaining employment in country Y, this couple decided that she was to take up the employment and settle down at that place.

The sale of land by Suzette attracts taxation on the proceeds of the land, which includes rates and commissions. The house rent in New South Wales is also subject to taxation since the rent expense is not allowable in the computation of taxation charges. The purchase of land in the same locality is subject to fees levied on the land ownership.

The case Highland Yacht v. Jim Nimitz falls under the law of contract as well as under the law of sale of goods. Jim Nimitz accepted to purchase a boat from Highland Yacht at $50,000,000. On the other hand, Highland Yacht sold the boat to Jim Nimitz at the agreed price. However, Jim Nimitz requested a modification on the boat, which cost Highland Yacht an extra $4,000,000.

CL.7 stipulates that all disbursements and expenses incurred by the contractor in the course of fulfilling his duties and obligations under the agreement will be indemnified by the company (employer) upon presentation of documentary evidence such as an invoice. However, those expenses incurred must be approved by the employer beforehand.

Generally speaking, the establishment of this bill is based upon the emphasis that has often been laid by the UK Government in relation to the security of the nation. The passage of this law in the House of Commons will require that a consensus is achieved, and effective consultations are undertaken.

Under the Sale of Goods Act, all goods must be as described, of satisfactory quality and fit for purpose thus a retailer is deemed to have breached the contract and the buyer have a claim for compensation as outlined in section 14 of the Sale of Goods Act. Examination of the brief reveals that the sale was made by description.

Qualitative and quantitative research methods represent two different approaches to studying crime and criminals.  Criminal justice researchers, when faced with a specific crime problem, must decide which method is best suited for a particular study. Qualitative and quantitative research methods are quite different from each other. 

The term intelligence in the simplest and most basic sense and aspect refers to privileged information that a country, person, or organization could retrieve from their perceived enemies or targets. It also refers to the willingness and ability to obtain information from prospective enemies or places or people who are targeted.

A person may be found guilty of an attempted crime when, with the intent of committing a crime, they engage in conduct that is likely to actualize the commission of the intended crime. Hence, an attempt is a criminal law offense that occurs when one is dangerously close to committing an intended criminal act but fails to actually commit it (Davies 2008, p. 15).

In order to advise Abbie, it order to look at the legal and practical matters that relate to the situation. On one hand, Softy Furnishing seeks to improve performance by using the new machine while on the other hand, Abbie feels that she is fine and would not want to have training on how to use the equipment that would speed up production despite the offer to be trained on the equipment.

Judicial review refers to the power of courts to look into laws, policies, decisions, and executive orders to test their constitutionality. Judicial review has the power to ensure that administrative decisions of public entities as well as the policies and laws established by these entities are procedurally fair and respect the constitutional principles of public administration.

When Sue lend Peter the sum of 25,000 on 2nd April with 12% interest in return which Peter accepted, the agreement formed an executory consideration. This is because the lender; Sue, agreed to lend Peter the money based on her conditions which are, to be repaid before 1st July and with interest. Peter, on the other hand, promised to repay the amount with interest before the stipulated date.

If relations are overly strained that no meeting, let alone an agreement, is feasible, or you are fruitless in negotiating an agreement with the owner of the house, then critics normally advise for the inclusion of a neutral or third-party mediator. This is because both mediation and negotiations will be cheaper compared to a lawsuit and often leads to solutions that last that are normally less stressful.

This paper presents a mediation session between the landlord and the tenant with me as the mediator.  The mediation commences after the landlord resorts to a legal court process seeking agreement on the reason that there was a breach of terms of landlord-tenancy agreements on the part of the tenant. 

Every environment faces its own challenges. These challenges may affect the individuals within the institution or people from the outside. The challenges may also be caused by factors within a particular environment or from outside of the environment. As a result, there are laws and regulations governing society and different states.

The study of criminal justice and international law among other fields has seemed to get attractive to most of the scholars joining colleges and universities, for the purposes of furthering their education. The different jurisdictions and other court rulings present in the current 21st Century have undergone a lot of dynamism through some changes that get brought into the field of criminal justice.

Under the law, the interests are considered legally binding on the new owner (once the purchase of a piece of land is made, or to a prospective owner who may have the legal right to acquire the land for several reasons including the owner’s defaulting of mortgages) even when they were not disclosed at the point of ‘change of hands’.

The event is one of the largest single sporting events or rather competitions in the globe. The contest usually entails senior national teams (men) in 208 countries who are members of the Member Association of FIFA. Since the 1930 inaugural tournament, the event is held every four years. However, in 1942 and 1946, the Second World War disrupted the tournament thus it was never held.

The discourse of free trade and its exact reverse, protectionism has been a subject of global discussion over the years. On numerous occasions, it is common to hear a country claiming that another country is selling its export product to the receiving/ importing country at a lesser price as compared to the prices within the exporting country.

The preamble of the juries during the 19th century into the colony of Britain in Australia played a greater role in pushing the country toward a more organized democratic government and the enforcement of the rule of Law.  It provided ordinary people with an essential role to play in the management and practice of justice.

In the hypothetical, Siri a molecular gastronomist developed an edible protein that she nicknamed “Truffleflesh”. She developed her product at her day job as a training chef on a reality TV cooking show “The Hungry Games”, using equipment and stationary from the show. To test her product, Siri used Truffleflesh on the mushroom, truffle and sage amuse-bouches that she served at the Hungry Games season finale cocktail party.

The law of tort refers to an act that is crooked or wrong, and for which the plaintiff can claim compensation from the offender for the civil wrong that was committed. Tort law seeks to avail justice for persons who experience a civil injustice from others in form of their acts of omission to perform the required acts of them.

Characteristics of a victim and an offender together with the circumstances in which a crime was committed influence how society reacts towards the victim to give them a valid victim status. An ‘Ideal Victim’ is one who gets the most sympathy from society. The individual has to have power and visibility that is convincing to society as an ideal victim.

This essay examines a case analysis where the specific copyrightable content is determined, the basis of bringing an action against copyright infringement, the parties that can bring such action and the possible defenses available to the defendant. The remedies available to the plaintiff are also examined.

This essay will discuss the requirements needed to establish a claim in professional negligence, and whether given the circumstances of this case the defendant can apply volenti non fit injuria as a defense. Professional negligence is an area of business law that is supported by many cases, some of which have been used to set judicial precedence.

In the recent past, society and nations embarked on the quest of ensuring that there is sustainable development. Global warming, deforestation and emissions of carbon dioxide into the atmosphere present a great challenge to states not only Australia to protect the biodiversity and ecology of a particular nation.

In tort, one party can make claims against another for damages he sustains due to the actions of a third party, in spite of whether a pre-contractual relationship exists. In this situation, a party may be held liable for damages caused by a third party in a range of circumstances. Basically, the tort of negligence is based on the need for individuals to show common humanity to others.

Although a large body of research papers has explored the definition of a social problem, a universal definition of the term is yet to be found. However, some researchers have arrived at a consensus on the criteria for defining a social problem. According to Chang et al. (2002) for a social problem to exist, the public, or a section of the public, must view the condition as a problem.

There exist various murder investigations have been controversial. The investigative processes need to be very clear and professional in the way it is handled.  A careful and intelligent examination of the scene of crime followed by thorough investigations must be effected. This includes the investigator’s professional and medical evacuation of various pieces and bits of evidence.

A current account is a deposit account that is being held at a financial institution or another bank, for the purpose of securely and quickly providing frequent access to money on demand, through a variety of different channels. Current accounts are neither for the purpose of earning interest nor for the purpose of savings, but for the convenience of personal clients or business; hence do these types of accounts not earn any interest?

The banker-customer relationship has been defined as the undertaking by the former to collect bills and receive money for the account of the customer. These amounts are not held in trust by the customer. On the other hand, the bank borrows these proceeds and makes an undertaking to the customer to repay these amounts.

A cheque refers to a paper that has been written by a person who owns a bank account with a given bank ordering the bank to make monetary payment from his/her account on their behalf to another individual or organization. The individual that writes the cheque is known as the drawer and should have a current bank account with the bank being ordered to make payment to the company or another person.

Sexual abuse occurs when one has sexual intercourse with the other person without their consent. However, there are several definitions of sexual abuse between different territories and states. There exists sexual abuse among the Aboriginal community in Australia. Aboriginal women are often abused sexually.

The hamburger restaurant is to be located in Elizabeth Vale, along the Main North Road. The Suburb of Elizabeth Vale is located towards Adelaide’s northern extent in South Australia. Various factors were considered in the selection of the location of the business, the major one being the exposure that the business will have to the customers (Greene, 2011, p. 220).

Exclusion clauses are sometimes used by contractual parties to limit or exclude one party’s liability in regard to the performance of the contract. However, courts are reluctant to recognize exclusion clauses that are unfair to one party in the contract. For exclusion clauses to be recognized they must be (a) incorporated into the contract, and (b) and the liability must be related to the subject of the exclusion clause.

In any nation across the globe, communication law is set to govern and regulate the broadcasting of any material that is related to the media. The law has highly pertained to electronic communication. In Australia, media is regulated or rather controlled through various sources. These sources include legislation and as well as the conduct of conduct.

Trade Marks Act 1955 (cth) postulates that, through what is called the tort of passing off, it is universally acknowledged that the plaintiff can establish that the name of the business is unique and that the defendant’s behavior could in one way or the other cause or mislead detriment (Sare, week 4).