Essays on Case Law

International Criminal Law

Question 1 A. There are several modes of the liability that are used for the determination of the liability of the person prosecuted for the international crime. Given the merits of the case in question, the prime minister of Sanchista should be liable for the order issued in reference to the Nisum Campaign. The provisions of the ICTY are designed in the manner so that to address all criminal offences that are committed by the state bodies and relevant executives in the prosecution of particular persons. The article 6 of the ICTY defines that committing of the criminal actions ...

A. Beyond the merits of the case, the chances of Edie in winning this case depend completely on the investigation of the behaviour of the defendant as the reasonable person in the similar conditions. This approach is regarded as the main pillar of the tort law that is used for the determination of the liability between the parties during legal proceedings. With that, it should be noted that there are several cases when the applicant faces difficulties in proving fault for slip and fail accidents. There are several conditions that should be met established and proved in order to ...

Judicial Activism of the Court of Justice of the European Union

Since the ECJ handed down the 2005 Mangold v. Helm case, there have been several criticisms provided by different scholars of the decisions it made and what they believed had various consequences for the European Union law. Essentially, the decisions made by the court involved several queries, but the main one was applicability of European Union age‐based anti‐discrimination law in situations involving the fixed‐term employment contracts. The contracts were founded on the law that permitted the fixed‐term contract with no demands for the objective reasons that justified the limitations of the employment period past the ...

Introduction

For the last two decades the popularity of the international investment arbitration and legislation has been dramatically increased. The volume of cases considered by virtue of the interpretation of the provisions of the bilateral investment treaties signed between the parties of the commercial relations has been increased. In addition, this trend reflects the preference of the business units and states in signing agreements with the umbrella clauses due to their simplicity and efficiency in determination of the disputes between the parties. The availability of several mechanisms that can be used for the determination of the interests of the parties ...

CHAPTER II

This chapter will seek to conduct an absolute inquiry into what makes up security interest laws in the United States. In order to lay the foundation for comparisons in subsequent chapters, the three main elements of the study of the Saudi system will be reviewed here in the context of U.S laws with an emphasis on California state law. The features of the California legal system will include the assessment of foreclosure rules and patterns in California. This will include a detailed fact-based evaluation of CCP580 (b), CCP580 (d) and CCP726 (a). The different components will enable the study ...

Brian Short v. State of Florida

The Main Issue Is the “Maintaining the size of our children law” in the State of Florida is unconstitutional considering the imposed marriage prohibition on the basis of height?

Relevant Legal Concepts

Under Section 1 of the 14th Amendment, no state shall enforce any law that would abridge the privileges and immunities of the citizens of the United States, nor shall any state law should deprive any individuals of their liberty, life, property, denied jurisdiction of equal protection of the law and without due process (Schubert, 2008, p. 24). Civil rights is a basic proponent of the Constitution stipulating that personal liberties ...

There are various guidelines in the United States of America that decide how tests may be used in legal cases. The three main systems are statutory, case law, and the one that corresponds to the American Psychological Association. Even though these three have the same principles and main points, they differ on their approach and the stipulations that they set for practitioners. The more legal aspects of these procedures respond to either statute or case law. Mental health standards vary from state to state, including the competency to be applicable for capital punishment. There are federal statutes that must ...

Essay

The Relevance of the Common Law to the New Zealand Legal System The legal system of New Zealand comprises legal principles obtained from the English 'common law', legislation or precedent which comes from the amassed and compiled court decisions or resolutions. Constitutional guidelines which are embedded in the common law involve specific civil rights, like the right to freedom of expression, including the Governor-General's specific powers and the majority rule in the parliament system (Gearey, Morrison, & Jago, 2013). Similar to England, the rule of parliamentary sovereignty is firmly institutionalized and Parliament in consequence has the authority to overrule or ...

The primary objective for the formation of the European Economic Community (ECC) was to create a common market to enhance the achievement of a trading advantage over other Atlantic states. The member states hoped that the move would spur growth by promoting marketing scale and capitalizing on specialization among the member states. However, the ECC faced many technicalities when creating a common market due to lack of strategic decision-making structures and protectionist attitude adopted by members. It was especially difficult to remove barriers and enforce common trade regulation. For a common market to have some effect, freedom of capital, ...

CONTENTS 1. Part I - Occupational Health and Safety Law 3 1.1. The UK Approach to Regulating Occupational Health and Safety 4 1.1.1. The Role of Legislation (Civil, Criminal and Administrative), other sources of law and recommendations 4 1.1.2. The Role of Law Enforcement and Specialized Agency 6 1.1.3. The Role of Courts 7 1.2. Comparison between the UK and the Brazilian approaches to OSH regulation 8 2. Part II – Management and its Impact on OSH 8 2.1. Administrative approach to management 9 2.2. Scientific management 9 2.3. Behavioral approach to management 10 2.4. Co-operative social systems approach 11 ...

Issue: The current shooting incidents at the hands of police officers are on the rise, with no hint of slowing down. From the shooting of Rodney King in the early 1990s by Los Angeles Police Department (LAPD) officers to shooting of Amadou Diallo in late 1990s at the hands of New York City Police Department (NYPD) officers there have not been as many incidents of what many see as either police brutality or police misconduct in over 20 years. There was a long period of drought where police incidents were sparse. This dry spell broke in 2014, when Officer ...

The case Thompson v. North American Stainless, LP addresses the scope of the retaliation provision under Title VII that enables protection for the employees against the illegal actions of the employers. Title VII of the Civil Rights Act of 1964 permits retaliation cases in order to decrease the exposure to the discriminatory activity in actions of the employees. Meanwhile, this article states that the retaliation should be understood as the situation when the employee of the firm was fired or reassigned as well as he was deprived of the certain range of the benefits if the employer considered them ...

Issues

This case concerns the analysis of the validity of the offer and its acceptance under the terms and rules of the contract law made in different forms by virtue of the advertisements in the newspaper.

Contractual relations are comprised out of two primary pillars as the offer and acceptance. In fact, the one party to the contractual relations should provide the other one with the offer. In case the second party accepts this offer this implies that these people have entered into the legal and binding relations. Given the merits of the case, one may see that Philip plays ...

Introduction

There are several sources of law available in the legal practice, while the role of the judicial precedents is the most important one in the common law systems as the United Kingdom. In fact, all legal systems attempt to follow previously accepted judicial opinions as judicial precedents for creation the similar pattern around the dispute or particular case. In terms of the legal framework existing in the United Kingdom, the notion and nature of the judicial precedent should be considered as this particular jurisdiction is familiar with the doctrine of the binding precedent as the source of law and ...

Summary of employment-at-will doctrine from text

The employment at will doctrine is a legal doctrine that states that an employee who is hired for an indefinite period of time, may be terminated or end the employment at any time. Employment at will also means that the terms of the employment with regards to the employee can be altered at any time without notice and without consequences. For instance, an employer can reduce the employee’s wages, make changes in the employee’s benefits or change the terms of paid time off. In many states, employment at will doctrine has exceptions. One of the most common ...

Introduction

The issue of hydraulic fracturing, also known as “fracking” an innovation how to extract natural gas from minerals such as shale rock has become very controversial as of recently in the United States. Large sections of the United States especially in the Northeast have lots of shale rock which has caused many oil and gas companies naturally to extract the region’s resources. This over time has caused many conflicts between the oil companies, local residents as well as local, state and federal authorities. Many people question how safe of a process fracking is and what are the unknown ...

Section

The Bidding Charterparty invited tenders for the construction of a new cruise-liner, to be called the Ocean Carpathia. Donelly was invited to tender. However, the person responsible for receiving tenders left work early.

ISSUE: WON Donelly Brothers can compel recognition of its bid? HELD: Yes

DISCUSSION: Similar to the case of Blackpool v Blackpool, it is the duty of the entity requesting for bids to inspect all those which have been submitted. In the case at bar, MC Donelly was actually able to submit its bid on time. It is not the fault of the bidder that their documents were not received in time, as it was the responsibility of the ...

A Brief Overview of the Juvenile Justice System

The Juvenile Justice System is dominated by interpretation, beginning with what a juvenile is within our legal system. Dealing with such a large and important social group within our society it has gained importance through our judicial history. The basis of the system is to provide protection for those who have yet to gain the full protection of the laws as adults. In the age of social media, its role has expanded. Being a part of the judiciary system it is affected by case law and precedent as it continues to grow as a shield for those young people ...

Introduction

In this paper, I will argue that the fact that a certain individual is recognized as an employee, automatically “grants” employer status to the person or entity that hires this individual; the legal status of employer is inherently connected to the status of employee. Both parties acquire certain rights and obligations as soon as their relationship falls under the definition of employment. However, as much as there are no strict criterion that help to determine whether a person is an employee, similarly, whether an entity or an individual is an employer will largely depend on the form of relationship ...

My client is the Manager of a computer maintenance company. One of his junior employees did not follow a maintenance instruction manual given, due to which the customer’s data got completely wiped out and he suffered huge losses. The customer wants to sue my client for breach of contract due to negligence of the employee, committed in the course of employment. Can my client argue that it is only the junior employee who is liable and not the employer himself? Support with recent UK case law if there is no Indian case law on the matter.

What is the crux of the matter?

Legal Issue ...

Introduction

There are several means of interpretation of the intention of the parties. Regardless the fact that there is a concept of freedom of expression belonging to the parties to agreement, sometimes the parties forget to include certain provisions and clauses. In this respect, the court is requested to consider the express and implied terms of the agreement for resolution conflict between the parties. This paper dwells on the consideration of tests developed by the case law for identification of the implied terms. At the same time, the notion of the implied terms is the controversial concept which is subject ...

Construction Law is a genre of law that is very detailed because its nexus operates on a concept in the United States that has been around since the age of Industrialization and that is relating to labor unions. Depending on where one travels within the United States to seek employment pertaining to construction work, they are potentially eligible to join a laborer’s union. What many of these labor unions do is to achieve a standard wage and benefits that construction employers pay construction worker within that specific state of geographic territory. Some of these unions have become quite ...

Can you (or Mr. Youprop’s Supervisor) search Youprop’s personal vehicle parked in the Company lot for digital evidence?

No. The situation that has been developed after the incidence with Mr. Youprop is a matter that needs to be handled delicately because of the possibility of application of the 4th amendment. Privacy, particularly in areas of work has been an issue that is steadily gaining attention from the justice system. More people are currently concerned with matters of employee searches, be it their personal property or their workspaces. Workers such as Mr., Youprop are usually searched when they are suspected of theft. One of the best ways to handle this issue with minimal law infringement would be, first ...

(1). As set forth in the Constitution and through judicial interpretation of the Constitution, the Supreme Court plays a number of important and necessary political and legal roles. First, it is one of the three branches of the federal government. Accordingly, as provide for in the Constitution, it is an essential part of the system of checks and balances that guarantees that no one branch is able to become too powerful. In this role, the Supreme Court may check the power of the Congress or the president through the determination of whether their actions abide by the Constitution. A ...