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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 mini-trial involves the presentation of evidence to a third party, who must be impartial in the case. The accuser and the accused are both required to give evidence and statements in the case. This evidence is based on the real arguments that they will raise on the event of...
A summary jury trial is a mock trial. A jury is selected by both parties, just like in normal trials. The rationale of this system is that the loser of the case is silenced and climbs down in agreement with the judge. It is after the hearing and the verdict...
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...
The chances of successfully completing a drug-related investigation without the help of an informant are very low. Consequently, various categories of confidential informants are crucial in making observations and collecting intelligence. First, a problem informant is one whose personalities act as a hindrance to the collaboration. Second, egotistical informants highly...
Clandestine drug laboratories are the manufacturing and distribution centers of narcotics, and most of them involve professionals in the chemistry field. The operations in these laboratories can be identified in three distinct ways. First, fire investigations can lead detectives to drug labs considering most processes of making drugs often cause...
Notes and reports can be used by witnesses on a stand but only in two instances. Past recollection refreshed, and in this case, to refresh one’s memory, especially if there are a lot of variables within the same case. Reference materials can also be applied as past recollection recorded to...
During investigations, the reliability and truthfulness of stories may change if they are repeated. Such information is termed hearsay since they are no longer reliable, not trustworthy, and cannot be used as evidence. However, there are exceptions to the hearsay rule in the court of law. In the case of...
There are certain characteristics that an individual should have to be classified as a credible witness. First, it is important that they are confident in managing cross-over examinations from the opposing counsel. Secondly, a good witness has to be consistent in narrating the information relevant to the case. Finally, trustworthiness...
State legislatures in the early years of American democracy elected senators; this was the case since the constitution framers needed to protect the people from incompetent rulers. In the early days, the states were more independent, and the senate was a leveling ground for all. Smaller states with few electors...
The Electoral College was made to elect the president through the legislature rather than citizen votes. In one way, the Electoral College has protected the people and, in another, denied them their right to vote for president. The Electoral College gives relevance to all states, thus promoting national politics. This...
CHEERS is a combination of six elements of problems in citizens’ lives, which includes community, harmful, expectation, events, recurring, and similarity. It is used in problem-oriented policing for the analysis of emerging issues while viewing them as events with specific patterns. In this way, this model implies the consideration of...
The implementation of crime prevention programs by law enforcement and community members implies the probability of specific issues. They include the latter’s dubious safety due to their enhanced responsibility and the necessity to establish a collaboration of all the participants. Nevertheless, the identified problems can be efficiently addressed for the...
The advantages of having several officers assigned full-time to community policing are connected to their increased participation in the task of ensuring safety and the elaboration of more complex methods for preventing crimes. In this way, they provide diverse perceptions of potential flaws and manage to find appropriate solutions. As...
The present-day police culture can be characterized by a number of beliefs and assumptions inherent in the employees’ regular operations. They include the presence of danger, high levels of risk, and the use of force when it is necessary for maintaining peace. These components are usually complemented by the perceptions...
The practices of broken policing intended to eliminate the evidence of disorder and zero-tolerance tactics implying the need to stop and question suspicious people in the streets are typical for the police service. However, they contribute to the worsening of police-community relations due to the lack of understanding of these...
The barriers to communication in a diverse society for maintaining order include language and culture. The former is represented by the occasions when the employees cannot provide the required degree of safety due to some citizens’ low English proficiency, whereas the latter indicates the difference in behaviors and perceptions. In...
The relationship between law enforcement and the media can be described by their cooperation in the task of protecting citizens by keeping them informed of essential events. It is important to avoid the panic stemming from the lack of clarity and emphasize the actions the police are taking to eliminate...
Technology has become an indispensable tool for law enforcement since it allows the authorities to detect and solve crimes that are happening at the moment. For example, they use various drones providing an aerial view, Global Positioning Systems for locating people, gunshot tools detecting gunfire, instruments for license plate scanning,...
The proposed mission statement of the police department will be to ensure the safety of all citizens with regard to their cultural characteristics and create strong partnerships. The suggested type of policing is the service style emphasizing the people’s interests in the first place and aiming at improving community life....
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 Doctrine of Informed Consent refers to the legal right of an individual. It is based on an individual’s mandate to decide what should be done with his/her body during a medical treatment such as surgery. The doctrine is based on the patient’s entitlement to adequate information. The information allows...
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...
The failure to anticipate and prevent the 9/11 attacks points out the laxity among intelligence and security departments in the U.S., considering that there had been numerous claims from credible sources indicating impending attacks on the United States by al-Qaeda. Evidence shows that prior to the attack, the U.S. government,...
Product litigation is important since it provides the most effective mechanism for imposing regulations, to ensure reduced likeliness of injury. Enacting product safety rules at all levels of government helps to prevent injury. In case prevention of injury fails, litigation applies to the aftermath of an injury. Strict tort liability...
Risk of loss refers to the law of contracts that determines the party that should bear the burden of risk, in case damages occur to goods after they have been sold. According to the Uniform Commercial Code (UCC) regulations, the seller retains the risk of loss until delivery is made....
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...
Taking an example of a suspect S who is arrested on basis of a warrant for outstanding child support, no other actions are necessary other than an arrest. The reason for this arrest is to present S to a court of law for further direction on what action is to...
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....
Fee simple is ownership of land, where the owner has absolute ownership and is eligible to either sell it or give the land to someone else. A condominium is a form of ownership, where an individual legally owns a unit in a multiple-unit structure of a building. Co-ownership refers to...
Intangible personal property is an individual’s property that has value and cannot be touched or held. Tenancy in common refers to specific simultaneous ownership of real property, where two or more parties are involved. Escheat is the principle that unclaimed property is reverted to the state, when the owner fails...
The FCTC is a pact that was approved by the 56th World Health Assembly in May 2003 and implemented in February 2005. The main aim of the treaty is “to protect present and future generations from the devastating health, social, environmental and economic consequences of tobacco consumption and exposure to...
Rule of law refers to the situation whereby people in a country are governed by laws and regulations that have been accepted generally as to what is wrong and right and these laws apply to every individual in that country. No person is exempt from being subject to the laid...
Division of power means that the powers in a state are divided among the three arms of government, which are the legislature, the executive, and the judiciary. A good example is the Australian Constitution. It gives parliament the power to make laws, which are then executed or administered by the...
An offer is an element in a contract defining an item that one is proposing to deliver. For a contract to be complete, there must be an offer. However, there are no legally binding obligations between the two parties when the quality, style, or price of the product is not...
Acceptance is a very crucial element because it determines whether there will be a contract or not. For one to accept to seal a binding contract, the terms of the offer must be friendly and acceptable. However, one must be very careful while deciding whether to reject or accept the...
After an offer has been made, two possible responses can be expected. One of these responses is acceptance. However, a proposed offer can be rejected in the initial stage when it has been offered. Nonetheless, rejecting an offer is only possible in its initial stages, but when the contract has...
When there is a contract between two parties, there is always a price to be paid to the other party as an assurance. This price must be something of value, but it does not need to be money. It might include rights or benefits that one party gets. When there...
Getting into a valid contract is not legally permitted for everyone. There are limitations that prohibit some people from getting into contracts. Some of the people that cannot get into a contract include the mentally challenged, persons below the age of 18, bankrupt individuals, corporations, people who do not represent...
Contract capacity is the legal requirements that parties entering into an agreement are expected to meet. This includes age, financial capability, and mental health, among other things. This gives involved parties legal authority to enter into a contract hence binding them to deliver on the promises made.
Contracts are based on the free will of the parties involved. In addition, there must be a clear understanding of the contract’s details, and each party should be fully aware of what they are doing. In every contract, each party must express genuine consent. This is very important, especially in...
As mentioned earlier, contracts are agreed upon through writing. Word of mouth cannot be held as proof of a contract. There have to be written documents to show that an agreement between involved parties was made in order to hold the participants of the contract legally responsible. Otherwise, without a...
When an offer has been made, one can choose to accept it as it is or propose his/her terms before he or she accepts it. This is known as a counteroffer. Counteroffers are proposals made to counter the current contract on offer. A counteroffer is mostly considered a rejection.
All offers are based on a promise by parties to fulfill a certain obligation. A bilateral contract is a promise by both parties to meet an obligation. In this kind of contract, each party has an obligation. The two are bound by the contract to perform a function. A unilateral...
The mirror image rule is a law that requires the terms of acceptance to be the same as the terms in the offer. A slight difference may amount to a counteroffer as stipulated in the law. As shown in the case study by Beatty and Samuelson, the professor was denied...
When installing an application/software on an electronic device, mostly on a computer or smartphone, one has to agree on particular terms and conditions. Such contracts are known as clickwrap licenses. Clickwrap licenses are mostly found on the internet, and they are mostly part of the installation process. On the other...
When an offer has been made, silence cannot be held or considered an acceptance unless certain conditions are met. Such conditions include previous dealings to prove that silence meant acceptance in a contract between two parties. For instance, when an offer has been made, and the buyer does not take...
When a contract is based on the implied-in-law basis or good faith, the court cannot intervene. This is the essence of an illusory promise. Unlike the normal contract, the courts cannot interject in such a case. Restraint of trade involves the enforceability of contractual restrictions on the freedom to conduct...
When damages occur, a party to a contract may seek to be cushioned against liabilities. In this case, an exculpatory clause is given by the party seeking to be relieved of the impending accountability. On the other hand, the law cannot enforce a contract that is not fair to both...
Apart from Shariah and Islamic Studies, the undergraduate law program was only introduced in 2005. There are 12 law universities that offer undergraduate law programs for women in Saudi Arabia. Also, there are only three universities that offer Master’s law programs for women. These are King Saud University, King Abdulaziz...
I cannot give you a definite number of female law students in all universities. I will give the rate of growth of female law students in King Saud University (for example, from 2009 to 2014). In 2009, the number of female graduates was only 49. However, the number has become...
The biggest obstacle for female law students in the labor market is the fact that the legal profession has always been male-dominated in Saudi Arabia, especially in our conservative culture. Also, licensed female lawyers would face some challenges, including the need to acquire the freedom to travel alone to attend...
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...
For informed consent to exist, the first element is that information necessary must be supplied to the patient in order to make autonomous decisions. The involved patient should comprehend the information provided. The implication is that the information should be supplied in a manner that is understood. For example, the...
The basis of battery arises when a patient gives consent to perform a medical procedure, but the doctor performs an additional or different procedure. The issue amounts to a tort of negligence as the different or additional procedure deviates from the documented patient’s informed consent. A patient’s consent will be...
As a result of the Miranda v. Arizona case, the so-called Miranda Warning occurred in the judicial practice. There are three basic components of custodial interrogation. First, perhaps, everyone heard the following phrase: “from that moment, everything you said can be used against you.” It is a legal requirement in...
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...
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...
Justin Bieber was driving his car in Los Angeles when a police officer stopped him, noting the Nissan car was moving behind him “dangerously close,” breaking the appropriate distance. The driver of the Nissan, the photographer Paul Raef, was charged with violation of the new law of the State of...
The case of State v. Suhn reveals the disorderly conduct of Marcus Suhn and the Supreme Court’s decision. The police arrested Suhn when he cursed at the police. The trial court admitted his guilt. Nevertheless, Suhn applied to the Supreme Court of North Dakota, and the latter justified him. The...
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 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...
Some of the common sources of stress for criminal justice organizations come from the administration of the department. Due to the political nature of administrative dealings in police departments, officers are often subjected to a significant amount of uncertainty since the way they may act one day may be considered...
While relying on the case, the court stated that temporary emergency jurisdictions can be exercised by a court whenever a child is abandoned, or it becomes essential for the well-being of the child. In the event that the child is in a threatened state of mistreatment by the siblings, the...
Various guidelines have been developed to guide legal actions against medical malpractices in the city of Texas. Under the guidelines, some limitations for filing a health care liability cause of action are provided. A general 2-year statute of limitation operates in the city of Texas, where any case against medical...
Standards of care are normally employed to safeguard a consumer. Therefore, health standards of care are applied to protect the consumer of health services, that is the patient. The standards of care are divided into two, the internal standards and the external standards of care. Internal standards are standards that...
Ethical dilemmas have been in existence since the inception of philosophy. Our job specifications form the basis of the occurrence of these conundrums. The reason why professional life tends to be more affected by ethical dilemmas is that these occupations are guided by sets of agreed rules. Consequently, a battle...
Insubordination by junior officers to their superiors may arise due to objectivity or differences in the personal goals of the officials. Orders given by superiors need to be evaluated for both ethical considerations and also avoidance of would-be incriminating actions. In essence, it is in my best interest as an...
In common law, applying means using a previous case from the same or higher court whose materials and facts are similar to the case at hand for making a decision. In contrast, distinguishing a case refers to the court’s decision to not apply the holding or ratio decidendi of a...
The case of New York v. Belton provided a clear definition of a search warrant for an arrestee’s vehicle. It required either a threat of possession of a weapon by an arrestee or an explicit confirmation of the existence of evidence that can be destroyed if left unattended. The second...
Receiving gifts from the general public is a discouraged action in policing. The professional moral code requires an officer to uphold honesty and dedication to the service. Some favors are given to police officers to provide additional security, and such offers may be tempting, as they may be providing short-term...
Normally, police officers ensure cooperation between all agencies of the legal system. Negligence of such a responsibility equals an obstruction of justice. Judiciary dispenses equity and enhances its cooperation with all agencies in upholding the rule of law. This is the reason why if I have a complaint about a...
Any organization has its own rules, and our prisons are not exempt. Laws bring about order in a society, and that is why most people have been charged in courts for using their positions to gain at the expense of others. As a police officer, I am only entitled to...
The law allows an officer to use force to maintain civility. An ethical dilemma arises between the choice of use of coercion or crisis intervention strategies. There are situations that call for the use of compulsion for mentally instability cases. If an officer is plausible to be attacked by the...
In this day and age, juries are used for criminal trials in the Crown Court, where the offender is eligible to be tried by a jury. In other words, it needs to be an indictable offense; typically, such an offense is of a serious type, such as murder, manslaughter, rape,...
The common law system of precedent in England and Wales operates upon the principle of the ratio decidendi, which can be translated as “reason for the decision”; it is a correctly thought out analysis of what and how the court decided on a case. In other words, the ratio decidendi...
The civil law and common law system have the same origins that can be traced back to Medieval Europe. The common law courts emerged alongside the courts of equity which sought to establish more legal fairness and equality to counteract the rigidity of law. It became a tradition to record...
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...
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 law applied in this case study is the United Nations Commission on the international sale of goods. This law set out the rules that should be followed for the international sale of commercial goods. The law identifies the rules that regulate transactions between a buyer and a seller who...
If negotiation and mediation fail, the seller should seek legal help from the court. A court has many advantages compared to arbitration, especially in cases involving regional business contracts. A court can be able to provide a fair judgment and compel the seller to pay or repair the goods. The...
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...
Yes, Jim is right. Under the constitution of the United States, a Federal District Court has outright subject matter jurisdiction in matters where residents of different states have a dispute that exceeds seventy-five thousand dollars. In this scenario, Mike and Jim are residents of different states, but Mike has only...
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 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...
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....
There are three main rules that may be applied to statutory interpretation: literal, golden, and mischief. The literal principle interprets the statutory based on the plain ordinary (literal) meaning of the words. The golden rule is a subset of the literal rule and is used when the application of the...
H was a 45-years-old woman and a mother of two children who lived with their father. She suffered from schizophrenia and delusions. When H developed an ovarian cyst that was thought to be cancerous, she refused any further treatment. According to H, the treatment would render her permanently infertile, and...
The case of Whren v. the United States led to numerous debates regarding the initial reason for pullover and the arrest it led to. However, due to the evidence, the officer observed When speeding away and stopped him due to this fact. The initial pullover was not based on a...
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...
There are several types of crimes that have a global impact on the work of justice systems and processes. Among them, one can distinguish the crimes against humanity, such as ethnic cleansings or genocide. It is possible to mention the Rwandan genocide or the mass murder of Albanians in Bosnia....
Policing systems established in various countries evolved in the course of many decades and sometimes even centuries. The differences between them can be attributed to the political culture of various nations, the form of government, or people’s attitude toward the state. For instance, a policing system in the United States...
Corporations and partnerships are bodies formed with the purpose of performing certain businesses. However, they both have diverse structures that differentiate them. A partnership comes into existence when two or more individuals join in doing business with the aim of making profits. On the other hand, a corporation is a...
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...
Technological advancement in modern society has changed the way business is conducted across the world. For instance, the Internet has aided in the growth of businesses as it provides traders with easy access to markets and relevant information, which are critical elements in the growth of any business. However, although...
Governments across the world have realized the importance of the Internet as a marketplace for doing business. As global computer networks cut across territories of different nations across the world, through international agreements, signatory nations have agreed to give foreign companies the same protection that they give their own companies...