Employment contracts are a large part of the contemporary work environment. Used to legally secure the relationship between employees and their employers, these documents contain a variety of specifications depending on the individual and the field of work they are entering into. Contractual obligations are used to bind employees as...
Dignity and consideration for human rights should govern the care of all older people, including those who are in prison. For thousands of older people, the prison building is the equivalent of a nursing home. According to Chen (2017), by 2030, about one in three persons in federal or state...
Hijacking is a rather infamous type of crime in the aviation business, referring to the unlawful seizure of aircraft by an individual or a group of people. Throughout history, many high-profile cases have surfaced where a hijacking resulted in major losses of both finance and human life. Some cases were...
I think that people aged 18-20 are the most victimized age group because of their lack of life experience and weak social and financial standing. By a lack of life experience, I mean that people aged 18-20 do not have enough knowledge to distinguish potentially dangerous individuals or situations. Young...
A few decades ago, it was considered that crime is typically a male phenomenon, and the study of female criminality was mostly disregarded, resulting in the lack of theoretical materials on women’s offending. However, since the 1980s, female law-breaking and domestic violence have fallen into the spotlight of various research...
Differential association theory assumes that people acquire motives, techniques, values, and attitudes towards criminal behavior via their active interaction with others. The theory claims that persons tend to be involved in crime when specific definitions favoring offenses are advantageous over those that do not. One distinct feature of this approach...
The employer-employee relationship is realized by the application of various tests. The tests are designed to show the existence of a relationship between the employee and the employer. The tests are characterized by understanding the nature of services done by one person to another. The fact that a person is...
The basic procedural and substantive laws are designed to ensure that there is a balance between punishing the accused persons and giving them a right to be heard. The numerous rules are formulated in such a way that they allow deterrence and the rules of natural justice to underscore the...
For a long time, the court proceedings have been availed to the public through court reporting by journalists. However, this scope of reporting has been limited because of the way the information reaches the wider public. Several countries are opting to widen the scope of reporting court proceedings through the...
There are several types of the criminal justice system. One of them is based on civil law tradition, which implies that various regulations are strictly codified into a single system that should guide the decisions of legal professionals. This collection of regulations is the main source of rules which are...
According to Hogg and Brown, the political landscape in different countries in the world is becoming quite elaborate. This raises the issues of law and order in politics. Law and order are considered to be vital issues in shaping the manner politicians and their supporters conduct themselves. More often than...
From the cases presented in the four articles, it can be concluded that the victims fit the ideal victim. To begin with, an ideal victim can be defined as a person who does not participate in making himself or herself susceptible to the crime that is committed against him or...
On October 20, 2013, a crime news story featured in The Daily Telegraph newspaper reported about the police being worried about the level of silence that had been portrayed by people after the murder of a supposed drug peddler. Khaled Kahwaji was the suspected drug peddler. The crime occurred in...
Rape drugs are substances that facilitate sexual assault, making a victim vulnerable. Common types of them are Gamma-hydroxybutyric acid (GHB), Rohypnol or Flunitrazepam, Ketamine, and alcohol. The mentioned medications can be used together with alcohol which boosts their effect. GHB makes an individual sleepy and weak, slowing heartbeat and breathing....
Facilitative The mediator does not make any decisions about the outcome; instead, he/she supports the parties in making their own decisions, assuming that they are more informed. Example: After settling a conflict, a manager encourages two disputing workers to reach a consensus on the best way to proceed. Therapeutic Rather...
The murder of Stephen Lawrence in 1993 by a group of white youths heralded a period of inquiries and calls for police reforms. The MacPherson report on the killing provided the findings of the inquiry and presented several recommendations. According to the report, investigations into the murder were characterized by...
The insanity defense is one of the areas in which law and psychology intersect, as the expertise of a psychiatrist is required in cases that involve the principle. The origin of the “insanity” defense can be traced back to 1843 in Britain. M’Naughten, a mentally unstable woodcutter, had devised a...
The Police and Criminal Evidence Act was created in 1984, owing to the recommendations of the Royal Commission on Criminal Procedure that was chaired by Sir Cyril Philips in 1981. During the 1970s, claims of police misconduct when handling suspects emerged from the public and the judiciary. Two major cases,...
The police officers are supposed to knock on the door of a premise they intend to search. This regulation is known as the “knock-and-announce rule,” although it is only reasonable in incidences where police officers do not anticipate the retaliatory attack. The officers must allow a logical duration before they...
As a member of the Communist Labor Party of the United States, Benjamin Gitlow participated in the writing and distribution of a pamphlet published by his party called the Left Wing Manifesto. This pamphlet seemed to convince people of the United States to rise up and overthrow their government and...
Jacob Abrams was arrested in New York City on 23 August 1918. He and several friends had written, printed, and distributed copies of a leaflet that severely criticized President Woodrow Wilson and the U.S. government. The leaflet disagreed with President Wilson’s decision to send U.S. military forces to Russia during...
As a U.S. citizen accused of being an “illegal enemy combatant, Yaser Eram Hamdi was captured in Afghanistan by the Afghan Northern Alliance in 2001. The U.S. government accused Hamdi was in Afghanistan fighting for the Taliban, while Hamdi, through his father, had claimed that he was merely there as...
In 1931, nine young African-American men (collectively known as the Scottsboro Boys) were accused of raping Ruby Bates and Victoria Price, two white women in a freight car of a train passing through the state of Alabama. It appeared that the Scottsboro boys were traveling in the freight train with...
As one of the most celebrated court cases, this started when Ernesto Arturo Miranda was arrested for the kidnapping and rape of an 18-year-old woman. He later confessed to the robbery and attempted rape under interrogation by police. At trial, prosecutors offered not only his confession as evidence (over objection)...
On 27 August 1998, the Detroit police arrived at Booker T. Hudson’s house to execute a warrant authorizing a search of Hudson’s home for drugs and firearms. However, although the police shouted “police, search warrant,” they waited only “three to five seconds” before barging inside Hudson’s home through the unlocked...
Despite all the debate that goes around the PPACA, the reform has demonstrated notable achievements in the US healthcare system. The improvements are primarily associated with the Medicaid expansion, increased assess to care, enhanced self-assessed health, and better health-related outcomes. In particular, due to the Affordable Care Act (ACA), in...
A pre-dispute arbitration agreement is a tool that is used in enforcing the determination of an anticipated dispute. It is normally included in a contract in the form of a clause called arbitration clause, which in some countries is a legally binding agreement that should any dispute develop, which relates...
The American With Disabilities Act requires any employer with fifteen or more employees to provide a reasonable accommodation unless it would cause undue hardship to individuals with disabilities. The various kind of reasonable accommodation includes: restructuring a job to suit such persons, altering how a task is done, changing the...
Litigation is the best legal method of settling a dispute between the friend and her organization. In the litigation process, the case is brought to the court of law, having the jurisdiction to hear the case. First, she will have to file the case with the district clerk stating whether...
A trial A trial is a form of dispute resolution. The accused and the accuser both appear before a jury or judge as they present their testimonies in a formal setting and are guided by sets of formal rules. A trial may be held before a judge (bench trial) or...
Speeches during a graduation ceremony are a norm that is widely recognized throughout the world and the US in particular. However, the US Constitution harbors certain restrictions on the type of speeches given on these auspicious occasions. The scenario at hand involves a non-denominational salutatorian prayer. The First Amendment has...
The US President has absolute immunity from criminal liability for committing frivolous crimes punishable by up to six months of the arrest or a fine of less than $5000. Among reasons for the attraction of the President to criminal responsibility, the US Constitution notes treason, bribery, or other serious crimes...
Currently, there are twenty-seven amendments to the United States Constitution. I consider that the twenty-eighth amendment needs to be enacted to prohibit individuals’ right to privacy. Precisely speaking, I would like to limit the freedom of the press to some extent. As a rule, journalists interfere in the private life...
Based on the merits of each organizational structure, the best choice would be the divisional structure since police organizations deal with a wide variety of different criminal cases, which require the creation of various departments to deal specifically with them.
Testamentary capacity refers to an individual’s mental competency or capacity, to execute a will at the time the will is signed and witnessed. The author of the will is expected to understand what a will entails and be able to have a general knowledge of what he or she possesses....
The Legal Responsibility of the Nurse Laws and regulations obligate nurses to act professionally and responsibly when providing care. Potter et al. have asserted that nurses can face a malpractice lawsuit or termination of duties if they contravene the codes of ethical conduct. The nurse in the depicted scenario had...
At first, one can mention rational choice theory according to which an individual is able to identify and weigh the positive and negative a certain decision. It implies that a person can perpetuate a white-collar crime if he/she believes that this decision will not produce any negative consequences. Additionally, it...
The crime of robbery is one of the complex structures. It consists of two separate crimes, namely theft and coercion. Robbery is forcefully taking what does not belong to you. Criminal law theory treats robbery as an aggravated type of theft. Criminologists who study the thieves’ trends have identified four...
In criminal law, the interrogation and interviews of the word are commonly interchangeably used because of their common objectivity during the criminal investigation. They also travel the same route, i.e., they use the same approach to obtain the truth. In addition, interrogation and interviews are generally conducted and apprehended by...
Introduction to contracts Most of the principle laws are a culmination of rulings in England. Hence, most legal statutes emanate from the English common law. Contract law in Australia is largely similar to the English statutes on contracts, but there are various differences created through the enactment of a variety...
An offer is an expression of willingness to enter into a contract on very explicit provisions as soon as the conditions are accepted. One person referred to as the offeror makes the offer, and another referred to as the offeree must accept. Its fundamentals include:
The judicial system recognizes a reasonable person as a hypothetical person of fictitious nature crafted by the law courts and communicated by the case law and jury instructions. One is morally obligated to look at all the case’s perspectives before establishing how a reasonable man would have acted. The reasonable...
Before hiring a woman as a part-time agent, SSC should have considered all cultural and social conditions. Specifically, the security agency failed to take into consideration that Saudi Arabian people found sex discrimination acceptable as far as employment procedures were concerned. With regard to the US constitutions, specifically to amendment...
It is noted that the “question of the applicability or otherwise of the prohibition of Riba to non-Muslims” was not handled properly. In fact, it has been proposed that the Shariat Appellate Bench ought to have restored the case back to the Federal court to determine the issue. There was...
Valuation of the forward contracts generally depends on the market position of the contracted object and the values of the agreed conditions. The fact is that the positive or negative values of the contract may be defined by the tendencies of the market. Thus, if the price of the agreed...
The first step of this process is jury selection. This step entails a selection of jurors from an already prepared list which is produced by a court or, in some cases, a jury commission. The selected jurors are then put in a jury pool where they are questioned by the...
Muller v. Oregon case was a highlight in the history of the U.S. Supreme Court because it justified both gender discrimination and the use of labor laws regarding the time spent on work. Despite the fact that the court encouraged the value of the health and welfare of women, it...
Consumer rights and the law on consumer protection allow people to fight against abuse by sellers and producers of consumer ignorance. These laws are designed to deter sellers of goods and services from abusing their capabilities when they try to make a profit by taking advantage of the lack of...
Criminal justice organizations have elaborate operational mechanisms designed to achieve the set goals, objectives, missions, and visions. However, these organizations are subject to external factors and stressors coming from the environment within which they operate. According to Allen and Sawhney, some of these environmental factors that influence criminal justice organizations...
Incarceration Despite the reforms in criminal sentencing, the US is still leading in the world imprisonment with a total of 2.1 million offenders under the national prisons. It is estimated that there has been a 500% increase in the number of people locked in prison over the last 30 years....
Previously before criminal sentencing reforms, federal judges had extremely wide discretion in sentencing, and that they were free to enforce any sentence varying from probation to the statutory maximum. The offenders had no meaningful appeal of the sentence. The sentencing depended on the judge’s understanding of the concept of justice...
Death penalty This kind of sentencing is meant for those who commit first-degree murder through aggravated situations. The defendants who have been convicted of capital offenses do have a right to forward allaying situations to the attention of the sentencing authority so that only individuals deserving to die for their...
There is no longer any doubt that the crime rate in the United States of America has reached an all-time high. This claim is supported by the following statistics. In a study of US prisons in the 21st century, it was discovered that “In 2003, 22 states and the federal...
This case concerns a morbidly obese man (plaintiff) weighing 350 pounds who was denied the job of a sales counselor for a weight loss center and was asked to reapply after shedding seventy pounds though he was otherwise qualified. Employers are prohibited from discriminating against particular aspects, such as political...
The female employee may file a lawsuit for harassment, but as the plaintiff, she must show that she was harassed based on a protected class characteristic and that the unwelcome harassment resulted in altered working conditions and created a hostile environment warranting a liability for the employer. The employee can...
A vote for a new draft convention on supply chain security would reduce the probability of transportation of mass destroying weapons. Legally there will be improved surveillance, and convention members shall be able to access increased security levels and reduced threats from illegal cargo. Another implication is more cooperation between...
Among the three branches of power, the judiciary can have the most significant impact on individuals. For example, the legislative branch passes laws, but courts have an opportunity to interpret them differently. Furthermore, courts have the right to find governors’ actions or decisions unconstitutional. Even though many people tend to...
The Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay, record-keeping requirements, and child labor standards affecting full-time and part-time workers in both the private sector (unless exempted, e.g., certain religious workers) and public employment. There are a number of employer requirements. Two are described below. Overtime pay: FLSA...
The shooting of Michael Brown, a black eighteen-year-old, happened in Ferguson when the police officer Darren Wilson tried to stop him after the teenager stole some cigarillos from the store nearby. The man was unarmed, and according to the reports, they had an altercation with the officer at the police...
Discrimination on the basis of sexual orientation does not enjoy protection as a protected characteristic. As a result, gays and lesbians experience discrimination in the workplace. Although the Title VII of the Civil Rights Acts of 1964 mentions “sex” as a category entitled for protection, courts are unanimous in holding...
Women are asked during the employment interview certain questions even before being hired. Certain questions are to be better avoided by the employers, such as the ones mentioned in the question, although they can ask the questions in an indirect manner without being blunt. EEOC’s guidelines on “job-interview-questions” permit an...
Partial disability benefits are payable for the permanent loss of the parts of the body upon disability schedules. Ratings were given to each body part like the arm, back, legs, etc before 1984. The total ratings multiplied by a particular dollar amount determine the benefits payable. Partial disability cannot be...
The main conventions designed to regulate conduct during the war are:(1949 Conventions & Additional Protocols)
The three primary qualities of effective punishment by Neoclassical Theory are swiftness, severity, and certainty. Modern justice system often fails with regards to these criteria. First of all, investigations and trials can take months or years, and thus the punishment is postponed. Secondly, the severity of the sentence is often...
As it stands, the necessity of a bicameral legislature in the US is being contested, with the primary argument being that most countries in the world, such as Denmark, Sweden, Finland, Israel, and others, have a unicameral system, which helps with promulgating the necessary legislations faster. However, in the context...
There are several cases that expand on the subject matter of the Miranda v. Arizona case. One such case is the Vignera v. New York, which revolved around a robbery at a dress shop. In this particular case, “Michael Vignera confessed to a robbery, but he was never told of...
There had been subsequent hurdles that Near v. Minnesota have to go through with Near representing the media, and consequently, freedom of the press. Jay M. Near has been described as anti-Catholic, anti-Semitic, anti-black, and anti-labor who began publishing The Saturday Press in Minneapolis. Using the Minnesota Nuisance Law passed...
The criminal system has four justifications for punishment; they are known as Retribution, Deterrence, Rehabilitation, and Social Protection. Macionis has defined them as below: In order to find out which type of punishment justification deters the crime most effectively, the study makes a deep investigation of each method in the...
One of the underlying tenets of modern constitutionalism is codification. This refers to a systematic way in which constitutional documents are organized into one single collection and are usually in written format. The rules and regulations contained in a codified constitution are used for controlling government excesses and, as a...
Shane Harris’ piece published in The Washington Post titled “Privacy and civil liberties board will review surveillance law that has vexed Trump” discusses how a state board is exploring its powers to monitor people’s communications. The author explains that an independent government agency formed to protect Americans’ privacy and civil...
The buyer should contact the seller to replace or repair the damaged goods. According to Article 79 of CISG, the seller under international sale of goods is obligated to replace the goods when an accident damages them. For instance, when the goods are damaged in transit, the seller has not...
The buyer can claim damages for the loss of profits. The buyer can claim loss of profit on actual order due to breach of contract. However, the court has to determine the foreseeability, causation, and actual proof of damages. The loss of profit must be a direct result of a...
Regulating the internet can be complicated. However, if we accept the proposition that accessing the internet is wrong, illegal, and offensive, then we have to think about ways of regulating internet content from a broader perspective. The internet content can be regulated from the constitutional approach. In this case, the...
According to the Constitution (Sec. 1, Art. II), the executive power is granted to the President of the United States. This definition is based on the principle that separation of powers determines the role of the President as the head of the entire executive branch, in other words, as the...
The case of Washington and North Carolina concerning apples reflects the issue of commerce. It was stated that the United States Department of Agriculture (USDA) standards should be followed by all the states. However, Washington Company created more innovative quality standards. As a result, North Carolina applied to the court....
The Bill of Rights is an integral part of the United States judicial system. It also identifies rights given to criminally accused persons. Namely, it ensures the prohibition of the re-prosecution for the same offense, the right that nobody should testify against himself in a criminal case, and the right...
The case of Youngstown Sheet & Tube Co. v. Sawyer clearly demonstrates the situation when the President invoked the presidential executive privilege. The circumstances of the case occurred in 1952. Workers’ strikes in the steel industry plants organized in the period of the Korean War, which began in 1950, caused...
The Fourteenth Amendment abolished slavery and its consequences, such as racial discrimination. What is more, it stated that no state should make or enforce any law which could abridge the privileges or immunities of citizens of the United States. In addition, states cannot deprive any person of life, liberty, or...
Spencer S. Hsu, in his The Washington Post article titled “Civil liberties groups sue Trump, Barr for forcefully removing Lafayette Square protesters,” talks about how American protestors feel their rights have been violated. The writer notes that the American Civil Liberties Union (ACLU), alongside Black Lives Matter (BLM), in June...
There are several potential problems in the scenario created in the vignette. The first is the likelihood of resistance and failed support by the more seasoned and traditional thinking officers who believe that one has to go through the department by aging out the experience. Being young would symbolize a...
The doctrine of informed consent is essential as it upholds the legal and ethical perspective in the treatment. It helps in the protection of the patient’s interest by giving the patient the legal authority to make decisions that relate to the treatment. In addition, the doctrine underpins the medical practice...
It is extremely difficult to prove the presence of a criminal activity or possession of an illegal object without visual observation of the suspected area. It may require law enforcement officers to initiate a search to provide more clarity on the issue. The law allows this if it is done...
Severability is a term used in arbitration, meaning the various methods applied in case the arbitration process fails to resolve a dispute. This method works hand in hand with arbitration, or occasionally they may be used independently. Before one decides to engage in arbitration, it is always wise to explore...
The seat of arbitration refers to the place, country, or state where the arbitration was initially held. This is a crucial factor in any arbitration clause because it forms the basis of the regulatory framework for the process. By establishing a good seat of arbitration, the parties concerned will have...
Arbitration is a private adjudication system, and the parties are entitled to solve the disputes out of any judicial court. The enforcement of the award will involve a binding and final decision which leads to the award in any national court. In Australia, the parties pick the arbitrators and decide...
For a formation of a contract to be valid, elements such as acceptance, offer, consideration, capacity, and intention to create legal relation ought to be observed. The success of many commercial transactions relies on legally binding contracts. The creation of legally binding contracts enables a party member to sue the...
The works of artists and to what degree that work can be shared among others have been under question for a long time. Of course, the person who came up with a melody, lyrics, or another form of a mostly original piece of art should be given credit. It is...
After the Windsor Supreme Court case, same-sex couples were regarded as married couples for purposes of filing federal tax returns. Consequently, this court ruling has an implication on the tax filings for 2012 and subsequent years. Married, single, and same-sex persons are treated differently under the tax law in many....
There are several factors that can lead to the commission of acts, and research indicates that these factors may have been present in the life of the criminal but are suppressed. These factors are evident in childhood but become manifest during the mature age. Among the factors that are present...
This theory posits that it is in the process of controlling crime that it is instead increased. These theorists argue that the individuals who are arrested and prosecuted are often labeled in society as criminals. Others, just by mere perception, treat these individuals as criminals, and this has an impact...
Feminist theory The feminist theory of criminology emphasizes gender as the main area of concern and mainly tries to comprehend social institutions, processes, and relationships. The core argument of feminism is that women are oppressed and discriminated against in a society that is governed by men who make the laws...
The process of globalization has affected the functioning of the U.S. criminal justice system. It should be mentioned that many people, who are suspected of committing crimes against American society, can live in other countries. Therefore, they can be outside the jurisdiction of the United States government. In turn, American...
There are several types of the criminal justice system. One of them is based on civil law tradition, which implies that various regulations are strictly codified into a single system that should guide the decisions of legal professionals. This collection of regulations is the main source of rules which are...
Both forensic accounting engagement and financial statements are investigative and examination techniques. However, their objective and parties who conduct the process coupled with the procedures differ, as illustrated herein. In financial statement auditing, the auditor seeks to provide his or her opinion on whether the information provided in the firm’s...
Most trade agreements negotiated in the Fast track by the authority of the President of the United States may be approved or disapproved by Congress but cannot be amended. Congress grants the President fast-track negotiating authority. Congress should be introduced with the implementing bill of the trade agreement transmitted by...
According to Hogg and Brown, the political landscape in different countries in the world is becoming quite elaborate. This raises the issues of law and order in politics. Law and order are considered to be vital issues in shaping the manner politicians and their supporters conduct themselves. More often than...
For a long time, the court proceedings have been availed to the public through court reporting by journalists. However, this scope of reporting has been limited because of the way the information reaches the wider public. Several countries are opting to widen the scope of reporting court proceedings through the...