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Law Essay

Analysis of Labour Law
The employer-employee contract is one where the parties are not in an equitable bargaining position. Since labor laws only govern paid relationships, domestic and unpaid work may create further socio-economic inequities. An employer is generally in a stronger position in relation to resources and bargaining power because the employer usually mandates an offer of employment on their terms
Pages: 10 (2500 words), Essay
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The New Immigration and Asylum Law
Article 3, on the other hand, prohibits torture and other inhuman form of punishment whilst Article 8 is a prohibition against public authority to disturb a person’s right to his/her privacy and family life unless lawfully done for the “national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals".
Pages: 11 (2750 words), Essay
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What do you understand by the term constitutional conventions Critically explore, giving examples, whether you consider constitutional conventions to be necessary for the smooth running of the constitution
These constitutional conventions also have a way of making some actions that may be allowed normally in the law become unlawful when they are carried out (Allen and Thompson, 2005, p.There is a clear difference that exists between the constitutional conventions and laws that can be explained by stating that a law does not lapse if for whatever reason it becomes outdated but the conventions can wane if they are not use for a considerable period of time or if someone goes against them and there
Pages: 10 (2500 words), Essay
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Regulation and Management in the Global Community - Problem Based Learning Task
Out of the company’s negligence, their Volkswagen cars’ gas tanks were exploding whenever making a left turn. This led to a serious accident that made the casualty never walk again and instead was using a wheel chair; this could be argued out in line with Duty of care – Neighbour – Act? – Case: Caparo v Dickman (1990), whereby there ought to be predictable harm based on defendant’s behaviour. In this lawsuit, Maggie was the attorney who was representing the company while Jed was
Pages: 8 (2000 words), Essay
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Place the case in its historical, legal, and where appropriate, social and economic context, and discuss its importance to commercial law - i.e. make an in depth study of it: Clough Mill v Martin [1985] 1 WLR 111
To the buyer by the seller, which came into the fore under the case Borden (UK) Ltd v Scottish Timber Products Ltd [1979] 3 All ER 961 CA6, was in relation to the recovery of the goods supplied to the buyer by the seller, but had already been incorporated into new products in a form that could not be traced. The ruling in this case provided that under such circumstances, the seller can only lay claim to the charge on the new products for the recovery of the price of the goods sold, but cannot
Pages: 9 (2250 words), Essay
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Tort essay
Additionally, if the melt had been successfully completed, the plaintiffs would have made a profit on it of £400 (Lord Denning S Edmund Davies and Lawton 1973)The plaintiffs claimed that all the total damages against the Martin contractors were for negligence (Bishop 1982, p. No evidence was provided at the trial because the defendants confessed that they had been negligent. The case dispute was exclusively on the quantity of damages. The defendants took their stand on the current judgment in
Pages: 6 (1500 words), Essay
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Derek Kantaria has been a qualified mediator and arbitrator for seven years, during which time he has successfully mediated around 30 substantial disputes (as well as many less high-profile disputes); and has sat as arbitrator on eight occasions in import
Proceedings happening in a specific jurisdiction are usually subject to the pertinent arbitration legislation of that jurisdiction3 (i., the proceedings are usually governed by the local system of law in the location of arbitration, for example proceedings happening in the UK are governed by the Arbitration Act 1996 (UK) c 23). In Derek’s case, the law applicable in the governing of the proceedings is the English law. As a corollary, Derek Kantaria is obligated to comply with the compulsory
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Legal proceedings Report
The land did not have enough watering points as the stream that was there during the purchase dried off weeks later when the weather changed. The defendant, therefore, filed a case suing the plaintiff of misrepresentation and demanding a refund of full purchase price plus the legal fees.This case concerns voidable contract due to misrepresentation. Misrepresentation refers to a case whereby false statements of an existing fact are made by one party of the contract, mostly the informer, to the
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This assignment requires the student to use the internet and library databases to find answers to the problems presented. PROVIDE COMPLETE REFERENCES FOR EACH ANSWER. DOCUMENT YOUR REFERENCE AND IDENTIFY THE SOURCE ORGANIZATION if the source is not an
The second case, Otis Mc Donald Vs the city of Chicago, stated that the Fourteenth Amendment issuing the right to keep arms for individual defense made it possible of The Second Amendment to apply in the state (Eglantine 287). The verdict was only possible after the Seventh Circuit was reversed by the Supreme Court. The decision was based on votes had 5 for Mc Donald and 4against him (Banks and John 25).The Virginia Constitutions has stipulated various laws most of which were amended after the
Pages: 4 (1000 words), Essay
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Statement of Claim Group Report Reflection
If one member of the group thought that another member of the group left out some important issues or overstated an issue, it was the members’ responsibility to share this concern with the group and to invite discussion and come up with a solution all members of the group were comfortable with. We trusted each other to speak up in such circumstances and further trusted that the group member’s concern were genuine and calculated to ensure that we achieved a shared goal.Over all we
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Public Policy
Similarly, death penalty represents the will of the people, who want to see that criminals in the society get punished for violent crimes so that peace can be maintained in the society. It is relevant here that citizens always expect tranquility in their social environment so as to sustain their harmonious coexistence. When an offender commits crimes like murder or rape, it erodes the tranquility and people expect that the individual should receive a punishment commensurate with his crime. On
Pages: 5 (1250 words), Essay
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LLB Criminal Law
These are all important and specific issues that ought to be given attention in light of the above-mentioned statement and its implications.It is unfair and unjust to convict people on the basis of what they have done only. It is important to establish some elements that show that the individual had a bad mind and an intention to commit the offence in question5. If a young man takes the bicycle of another person parked with other bicycles in a supermarket and rides it to his house and places it
Pages: 9 (2250 words), Essay
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Judicial Precedent
Precedents are most likely to be used when the reason for making a decision is known, facilitating a final judgment to be given in a case presented in court. It is through this that ratio decidendi is said to have been used; a reason for deciding a case in a court of law is known and is valid to be used for cases of similar nature. Either the precedent law can be binding or persuasive in nature, in persuasive president the decision made is considered valid and precious decision but it is not
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Contract Law
Even though, the parties could not have entered into the agreement had they known the true position at the time they were forming the contract.Equitable jurisdiction refers to a structure of integrity considered to enhance the common law by taking action in an equitable and rational manner that results in just outcome.9 Under equitable jurisdiction, the parties to the contract are prohibited from enforcing their legal rights in case it was unacceptable for them to do so. The essence of
Pages: 4 (1000 words), Essay
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European & Equity Law of UK
The ECtHR has in it its rulings attempted to create harmony with local state mechanisms by ensuring that its rulings are flexible under the principle of margin of appreciation. When issuing its verdicts on cases, this principle gives states some freedom in enforcing human rights based on their customized needs. Regardless, this has been insufficient on the issues where London starkly is in conflict with the ECtHR decisions.In the recent past, UK’s government has been in conflict with the
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Application of law in Bahrain
Other foundations of Bahrain’s legal system are English Common Law and the Codified systems. However, it is sharia that forms the basis for the Kingdom’s legislation coupled with customs then natural principles and laws of good integrity and equity.Bahrain Kingdom’s law is also characterized by a constitution. The first time the Bahraini constitution was effected was on December 6, 1973. However, its implementation was short lived as it was deferred in 1975 paving way for the State
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Criminal Justice leadership responses to the Ferguson riots
The police also used tear gas and rubber bullets on the protestors.In referring to the National Response Framework (NRF) which is an essential component of the national preparedness system mandated in Presidential Policy Directive (PPD) something needed to be done to prevent the riots. The PPD-8 core objective is to strengthen the security and resilience of USA through systematic preparation for the threats to the security of the nation. One of the key areas from a Criminal Justice leadership
Pages: 5 (1250 words), Essay
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English Legal System
The jury system is composed of ordinary citizens called jurors. Jurors are men and women of the immediate community who are randomly selected from people who have been duly registered in the country’s electoral register. The character and conduct of members of the jury is of most importance not only to the court system but also to the members of the public. This is because they are actively and directly participate in the determination of cases. Jurors are therefore expected to be persons of
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LEGISLATIVE FRAMEWORKS
The damages must be actual4 to the person owed a duty of care.Driving on public lanes and roads means that the driver has a legal duty to all other drivers, motorists, cyclists, and pedestrians. Phil, therefore, owed a duty of care to Collins as a cyclist on the road. Phil failed to exercise reasonable care in fulfilling his duty as a driver. Before taking a move, he should have looked at the persons beside, in front, and behind him to ensure no accident occurred. This breach is the proximate
Pages: 4 (1000 words), Essay
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International Criminal Law
Criminal cases are resolved by involved parties, the defendant, and the prosecutor, coming to an agreement. Plea bargaining is used in courts for various reasons. Some of the reason includes the fact that the defendants can avoid wasting their time, reduce the possibility of getting harsh punishment
Pages: 4 (1000 words), Essay
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