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Law Essay

Using cases and Statues in support of your answer, discuss the contention that the dividing line between incompetence and dishonesty is sufficiently clear in relation to S213 S214 and Insolvency Act 1986
Response of the law and the courts is rather harsh if a company member is found to have undertaken fraudulent trading (Re Todd Ltd (1990), and the Companies Act 2006 even provides the possibility of criminal liability. These aspects have, however, caused a high burden of proof for intent to defraud, and this has served to restrict the application of section 213 somewhat. The standards as set out in Re Patrick and Lyon Ltd (1933) hence require that actual dishonesty be evident; mere
Pages: 8 (2000 words), Essay
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Unbiased Jury/Voir Dire and Fairness
The jury is an extremely important body in the justice system. Without the jury, the entire administration son the part of law maintenance in their jurisdiction. Thus, it is imperative to observe the inception of unbiased jurypersons. In the course of selection of credible, adept and free from bias prospective juries, the processes of credible and fair jury selection and voir dire are consummate and profoundly required. Upholding these practices is extremely important as it educates the
Pages: 6 (1500 words), Essay
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Using ONE individual perspective and ONE societal perspective from the list below, critically explain the issue of youth crime in the UK.
According to the report published in the Telegraph in 20082, the statistics for youth crime in UK have increased many folds. The report says that from 2003 to 2006 there was a 21 percent increase in offences committed by people aged 10 – 17 (from 184, 474 to 222, 750) and violent offences rose by 43 percent in those three years. These statistics, according to the Telegraph, were made public by then Ministry of Justice reports. Another relatively recent report by the Civitas in 2010 reports
Pages: 12 (3000 words), Essay
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Understand the essential elements of a valid contract in a business context
This parking space is meant to provide safe parking for the cars that will be brought by customers.Although these terms and conditions are important, there is the need to come up with certain important clauses to set the parameters within which Thomas can provide the services without incurring excessive liabilities. Also, these clauses will reduce ambiguity between Mr. Thomas and his customers. They include Penalty Clause, Exclusion Clauses and Exemption Clauses.The Penalty Clauses will
Pages: 7 (1750 words), Essay
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UK Arbitration Law
Moreover, the notice of arbitration did not comply with the Contract and hence the arbitration has not been properly commenced. With respect to the second issue, the arbitrator would look at the contract and decide if the Notice was complaint i. what does the contract require in terms of form and content (Merkin). This is a matter of fact determinable upon examination of the contract and the notice.It is imperative that the arbitrator throughout this whole process of dealing with a challenge
Pages: 4 (1000 words), Essay
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Unit 9 - Final Paper
Notwithstanding the co-evolution of different types of crimes, the future will still see crime fighting being categorized into crime opportunity reduction, de-motivation of would-be criminals, and the changing of society’s and individuals’ basic values. The purpose of the category of crime fighting that will change peoples’ value will be to target the nurturing of the youth so that they pick positive values, hence minimize their chances of becoming criminals and indulging in other
Pages: 5 (1250 words), Essay
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U.S. Constitution
The second of the ten amendments relates to the right to keep and bear arms. This hotly debated issue comes to the forefront of the political and societal discourse as acts of horrific gun violence bring out the anti-gun and pro-gun forces to a nearly seasonal battle royal in which both camps argue over the true meaning of the second amendment and how it relates to our current cultural reality (Case Law 1). With the exception of some key restraints being placed on the ownership and use of
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UK Constitution
One of these is the devolution of power, to a substantial extent, to Wales and Scotland. In addition, the Human Rights Act 1998 was enacted.5 This statute brought about a vast change regarding the perception of freedoms and rights among the people of the UK.Subsequently, the Human Rights Act 1998 incorporated the European Convention on Human Rights (ECHR) into the legislation of the UK. With this development, the ECHR has become a part of the national law of the UK. This has provided the UK
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UAE and Oman labour laws
In the UAE Federal Law No. 8 of 1980, Regulatory Labour Law Relations govern labor matters, which are simply the Labour Laws. In this country, the Ministry of Labour is the one charged with the responsibility of dealing with labour matters. While in Oman, regulation of labour matters are by Sultan’s Decree No. The state recently amended the statute in October 2011 by Royal Decree No. Unlike the UAE, in Oman the Ministry of Manpower is in charge of labor matters (Latham & Watkins, 2009).Under
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Understanding Terrorism
A terrorist can become a guerrilla but not all guerillas are terrorists as the Philippine forces resorted to guerilla tactics during the Vietnam War (Kramer 98). Terrorist action is the use of fear to achieve sociopolitical ends.A relationship has been observed between terrorism and the level of freedom within a regime, an authoritarian regime is more likely to experience acts of terrorism than a liberal regime (Cinar 3). The feeling of oppression and denial of human rights is all the
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UK constitution and the EU
Exiting from the EU these rights would be eliminated. Barendt points out that the relationship between the UK and the EU, in particular member states, is documented din the constitution giving a mandatory access to the UK student (137).All legislation in the UK constitution created in regards to international policies is created in respect to the provisions provided by the EU. For instance, the EU has specific provisions on protection of the environment. The EU has put in place strict
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Understanding Crime Prevention
Furthermore, a police may read the offender’s Miranda Rights while escorting the person into custody. However, there are occasions where a police officer may be called to testify by the CJS in order to provide evidence for a criminal to be jailed. This implies that crime prevention cannot issue a verdict to a criminal, but it is the work of the CJS to issue the verdict and sentence one accordingly ( Schmalleger F.The district attorney’s office is part and puzzle of the CJS. The office is
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UAE Labor Law and Relations
It is estimated that over 800 hired workers die on the job for a variety of reasons ranging from exhaustion, sunstroke, suicide and myriad more courses.In as far as compensation is concerned; the employee is entitled to a basic wage which according to the law is the total sum monies paid as stipulated in the labor contract not inclusive of allowances for accommodation or travel. Their total wage on the other hand is the amount paid when they have been provided with necessary allowances, when
Pages: 7 (1750 words), Essay
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United Kingdoms membership of the European Union has had a profound impact on the character of the English legal system and UK law. Explain how it has affected the character of the English legal system as well as the use of judicial precedent by judge
According to The House of Commons Library, “there is no totally accurate, rational or useful way of calculating the percentage of national laws based on or influenced by the EU”3. However, the House of Commons Library stated that any measure of EU influence between 15% and 50% could be justified4. The extent of the EU influence on the UK legal spectrum may vary in accordance with the particular law considered for analysis. Acts enforced by the UK Parliament, rules and regulations developed
Pages: 8 (2000 words), Essay
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United States v. Jones
From the findings, Jones was charged for conspiracy of cocaine distribution by the government.Concerning the evidence presented to the court by the state, the judges suppressed the data obtained from the GPS while the car was parked in Jones garage while holding the remaining data based on the aspect that Jones had no expectation of privacy whenever the car was in a public place at the pre-trial hearing of the case (Arcila 88). The second trial, found Jones guilty of the charges from a hung
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United nation
The General Assembly elects them for a period of five years term, meeting for a period of 10-12 weeks every year in Geneva (Role of United Nations in the International Role, 2011).The Security Council was defined by the former British President, David Hannay, as one of most misunderstood and mysterious international bodies. Many of the writings about the Security Council do not pay much attention to its actual practice. These writings present the concepts of domestic laws in the practice of the
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United nation
The leading general assembly was carried out in London on 10th January 1946 (Human Rights Education Associates , 2011). The member’s nations present were 51 (Samuels, 2005).The issues to be discussed in a common gathering begins to be planned six months prior to the gathering. The members states are supposed to send their agenda this early to the committee that then sits down to discuss the requests in terms of importance. Sixty days to the gathering, the team finalizes the scheme to be
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Using real life examples, explain and discuss the main differences between a partnership and a private limited company.
When formulating a limited company, the parties involved are required to make several agreements in the presence of their legal representatives. In this case, compliant forms are filed that stipulate the ratio of ownership of the company. It is paramount to note that the formation procedure and documentation for private limited companies in lengthy compared to the partnership. in terms of membership, a limited company can be started by a minimum of two shareholders while the maximum can be up
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United Nations
Involvement of the organization in armed conflict will not help in peacekeeping but lead to more conflict. The organization helps the victim of the war and involvement in military roles will cause harm to more people. United Nation should always maintain the peacekeeping roles under the three principles and not assume military roles (United Nations, 2015).The authorized or led sanction by the United Nations is an effective means of punishing States supporting terrorism or violence acts against
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U.S. collection management problems/ Attack on Pearl Harbor
Relatively, it has been difficult or impractical to record cases or instances where military officers have turned against fellow officers or leaked classified information.Secondly, it is critical to put stiffer measures and penalties against espionage such as life imprisonment, death row or extremely difficult environment. This is to say that the officers or prospective traitors would be discouraged from engaging in such activities. Thus, if a person has thoughts or plans to sell out the
Pages: 4 (1000 words), Essay
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