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The relationship between victims, offenders, regulators, and the finance system can be described in the way they either trust or distrust each other. There are people who are defrauded through mismanagement on the construction of trust in their financial investments. These people diversify the risks caused by financial crimes or...
White-collar crime involves illegal activities that involve manipulation and concealment where prosecutors determine the person liable for prosecution depending on his status. Some crimes are very dangerous and need to be dealt with immediately without discrimination or favor. White-collar crime depends on the class of people when taking disciplinary action...
Since the commencement of the Constitution in America, there have been two schools of thought in the Supreme Court. They pertain firstly to the invocation of judicial restraint as a court policy which implies that greater power and autonomy is given to lower courts and political bodies in taking decisions....
It is possible that the physical injuries inflicted on a child may not be visible immediately. However, abuse and neglect often have consequences for the family, children, and society as a whole. The impacts could last forever. Physical, psychological, and social consequences go hand in hand. Physical effects of abuse...
Childhood trauma can be quite substantial and long-term. Professionals should therefore aim at preventing more trauma in the court system. It is actually a scary moment for children when they have to make an appearance before a judge. Children believe that judge is that person they see on television who...
Yes, a simultaneous $1 million sale of Swiss francs could also be implemented. This would ensure that in case the value of the franc plummets, the losses due to the purchase of the francs could be offset by the sale of the francs, and therefore, all the money would not...
The impact of foreign exchange fluctuations could be avoided by following the following guidelines: Investments in gold trading could act as an effective hedge against foreign currency changes and have higher acceptability levels. It is seen that the value of the US $ had been fluctuating conspicuously against the other...
The provisions that need to be invoked in the agreement in order to protect the company’s investments would be in terms of: Cost of technology transfer and transfer price: Both these factors have a direct bearing on the investments since the high cost of technology transfer would require greater doses...
Under US state laws enunciated by the Foreign Corrupt Practices Act, it is illegal for American citizens to offer bribes, whether in cash or in-kind, in order to get favorable business dealings. Further, it is also seen that the international community has for long been considering the introduction of a...
Bob has a very high chance of being convicted under the provisions of the Foreign Corrupt Practices Act (FCPA) 1977. Under its various clauses, the following are relevant. An anti-bribery section, banning US companies from paying bribes to obtain contracts in foreign countries. An accounting/record-keeping section that requires firms to...
Under Article 34 of the Commercial arbitration law (UNICTRAL), which is binding on the parties, only the alternatives available to the country in terms of setting aside the said application would be available if a formal application is made for setting aside as per the following: There is valid proof...
Under Article 94 of the laws of the International Court of Justice, the fact that State B had refused to accept the Court’s verdict could be taken up to the Security Council for hearing Article 94 instituted the duty of all the UN members to comply with decisions of the...
In all probability, S.S. Rustbucket would be successful because the accident was not deliberate or intentional nor caused by negligence or lowered degree of care on the part of the tanker. Marine history is witness to an instance of major oil spillages, including the worst in American history, when in...
Is State X liable? The state may not be liable unless it can be proved in Court that the state’s involvement in this accident is evident. In most cases, it is the individual operator, or the person designated or recognized by the initial state, as the operator of that installation,...
Under Article 210 Subsection 4 of United Nations Convention for Law of Sea (UNCLOS), pollution by dumping by States, acting especially through competent international organizations or diplomatic conferences, shall endeavor to establish global and regional rules, standards, and recommended practices and procedures to prevent, reduce and control such pollution. Such...
a. Law Encyclopedia states that “Absolute Liability is sometimes called Strict Liability and is one kind of legal responsibility which is for damages, or injury, even if the person found strictly liable was not at fault or negligent. In addition, for reasons of public policy, certain activities may be conducted...
The international conflict of law can be related to private international law or the international private law which regulates the lawsuits involving cases where different judgments are bound to arise depending on the jurisdiction laws applied. Conflict of laws can either be universal or particular. Universally, it relates to private...
A tort is a legal wrong. For the wrong to be considered a tort, it must be recognized by the law as a basis on which the offender will be sued. Civil wrongs bring about injury to the victim which provides a basis for the injured victim to lay a...
The employment laws and regulations have been formed for the safeguarding of the working classes of people and the compliance of the same has become imperative for agencies according to the international laws of employment. While there is a range of laws in diverse countries which are distinct from the...
There are certain legal obligations related to employment that should be regarded by the agents, contractors, and government and non-government bodies so that they conform to the rules and regulations of the employment forces of their agencies. It is imperative for the employees as well as the agencies which hire...
The primary intention of employment laws at the workplace was the safeguarding of the health safety of the people employed at the industries and the commercial workplaces, which included a wide range of people including women and children as well. Therefore, one of the most crucial laws was the “Occupational...
Employment law which is also known as labor law is a labor movement for the progress and advancement of the employed class of people which was beginning to grow steadily following the industrial revolution. With more and more people giving up agriculture and farming practices and proceeding to the industries...
“Disability is a physical or mental impairment that substantially limits a major life activity.” It is further stated as inability in relation to a personal or group standard. The various natures of disability may be mental, physical, or sensory disorders. “The Americans with Disabilities Act of 1990 prohibits private employers,...
In 1967, The Labor Department delivered a report confirming the commonness of age discrimination in the workplace. In response, the US Congress passed the Age Discrimination in Employment Act (ADEA). The Age Discrimination in Employment Act of 1967, (Dec. 15, 1967), coded as Chapter 14 of Title 29 of the...
According to the United States department of labor, the Family Medical Leave Act of 1993 states that eligible employees may take up to 12 weeks of unpaid, job-protected leave in a 12-month period for specified family and medical reasons. According to the Act, the employers covered are public agencies, including...
According to the laws, a contract comes into existence when there is acceptance of the agreement. Nowadays all the websites in the e-commerce category offer something to the customer and the contract comes into existence only after the customer sign online with a check box that indicates ‘I agree to...
Equitable remedies are different from legal remedies. The legal remedies are available to the claimant as his right. However, equitable remedies are totally upon the discretion of the court and granted by the court. The equitable remedies are injunction, specific performance, rescission, Estoppel, an account of profits, rectification, subrogation, etc....
There are many legal defenses available to the contract formation, there are three different ways in which a contract can be set aside, the contract can be said void, voidable and unenforceable. A contract is void when it never came into existence. Voidable means that one of the parties can...
A contract has seven essential elements and each of these elements must be present for a contract to be legally binding and enforceable. The elements are: a) Offer. In general terms, we can say that an offer is a promise, which one party makes to the other party. An offer...
Nowadays, local governmental entities may utilize a plethora of resources and services to enhance their abilities to prevent and respond to terrorist attacks and other emergencies. One of the most essential of them is the National Planning Frameworks. They cover five of the essential mission areas (Prevention, Protection, Mitigation, Response,...
The war on terrorism is one of the main features of the modern world. Multiple conflicts in different parts of the world pose a significant threat to world security and the lives of thousands of people. Unfortunately, speculating about the future, it is possible to say that in 20 years,...
The war on terrorism is one of the main challenges of the modern world. Instability in various regions and the increasing power of radical groups introduced the need for immediate intervention to avoid new victims and attacks. For this reason, a military campaign became one of the methods to solve...
The main difference between Article II and Article III is that the former establishes the executive branch of the federal government, whereas the latter establishes the judiciary branch. Article II mainly describes the responsibilities and powers of the President. In contrast, Article III defines the Supreme Court’s powers and encourages...
The United States mostly adheres to the nondelegation doctrine, where Congress is vested with all legislative powers. Article 1 prohibits any form of delegations, but Congress can delegate its legislative power to a certain executive branch, such as the FDA. The key condition is that Congress must be able to...
For the equitable estoppel doctrine to be used, material facts must have been concealed, the party being estopped should have known those facts, at the time of representation, the harmed party should be unaware of the facts, and the representation of such facts must be acted upon. In other words,...
The basic types of damages and equitable remedies that may be available to address a contract breach include restitution, compensatory damages, liquidated damages, nominal damages, consequential damages, and punitive damages. Under restitution, a party that breaches the contractual agreement pays the other party because the latter is deemed to have...
Mistake When a party or parties, at the time of entering into a contract, erroneously believes that certain information is true, a mistake is deemed to have occurred. Therefore, any form of commitment to execute the terms of a contract under such circumstances can be annulled. In other words, parties...
Only legally competent people are allowed to enter into a contract. Therefore, capacity is the ability to make sound decisions when entering into a contract with another party. For example, a party to a contract is expected to be of sound mind, of legal age, and have the ability to...
Consideration is the price paid (in terms of money or other valuables) when one party makes a promise to another. In other words, something of value must be promised in exchange for a stated action. The promise can be in the form of effort, money, or service. In some cases,...
Offer and acceptance are the two most important basic doctrines of a contract. An offer is an open request to any party interested in accepting the promise given by the offeror. Acceptance takes place when an offeree shows a willingness to adhere to the terms of a contract through issuing...
The case under analysis can be seen as an illustration of the way exceptions can be applied to the at-will doctrine. According to at-will contracts, the employer can terminate the contract without mentioning any reason for that. Although these contracts are often criticized, they are common in the healthcare setting,...
Theft act investigative methods are applied when investigative concealment techniques appear to be ineffective. Theft act investigations are activities that focus on the direct investigation of the fraud act. The most common types of such investigations are invigilation, surveillance, searching computers for electronic evidence, and gaining physical evidence. When using...
Financial statement fraud occurs when the company’s statements of financial position are deliberately altered to mislead the readers of the financial information. As a rule, financial statement fraud involves falsifying balance sheets, statements of income, and statements of cash flows. It is propagated by a company’s management to receive desired...
The taking of private land is valid if the taking will serve the public interest, that is, economic development.
The Supreme Court of Connecticut held that the City’s intended takings of the petitioners’ private property were valid. The decision was made based on the State’s municipal development statute, which indicates that the seizure of private land is in the public interest in case the taking is due to an...
The Takings Clause of the Fifth Amendment to the Constitution reads as follows: “Nor shall private property be taken for public use, without just compensation.” This is intended to prevent the government from imposing burdens on individuals even if its action is supposed to create a public good. The legal...
Susette Kelo is a plaintiff in the case, and she started the litigation along with other petitioners, including Wilhelmina Dery and her husband, Charles. The plaintiff is opposing the efforts of the City of New London to seize their property located near Fort Trumbull, where the City wants to start...
The positives of the Patient Protection and Affordable Care Act (PPACA) more commonly known as Obamacare are evident. First, PPACA helps more people to get access to health insurance at a lower price. Bagley (2015) describes a case how his child’s piano teacher was not able to afford a health...
The implementation of crime prevention initiatives should always be preceded by thorough research focused on the correlates of crime and the most effective ways to impact them. Since correlations can be positive and negative, the correlates of crime may include personal attributes or experiences typically associated with bad and good...
Concerning its scientific novelty, the social support theory attempts to find new links between the transmission of social capital and risk factors for crime. Its basic concept, social support, has been known long before the emergence of Cullen’s theory and used to study the factors impacting the sources of crime...
Social support belongs to popular theoretical concepts used in different fields of study in order to delve into a variety of problems, including mental health issues, deviant behavior, and even the propensity to crime. In criminology, the theory of social support was first formulated by Cullen in the middle of...
Classical criminologists would view the case in terms of the rational theory that implies calculating gains and pains. The actions of the offenders can be explained with the help of this theory. The males committed the crime because they thought that no one would ever find out that the incident...
a. Clinical Trials Currently, the Clinical Trials Regulation is the primary document considering clinical trials and health research. It has a broader scope as it regulates more than “the conduct of trials on pharmaceuticals, or ‘medicinal products’” and includes a different definition of the processes. It also defines a “clinical...
a. Clinical Trials The history of creating regulations for pharmaceutical trials was impacted by the events of the 1960s when pregnant women were given Thalidomide which led to them having children with major disabilities. This situation is reflected in the case of Distillers v Thompson. Health law on clinical trials...
All employees have a right to be accompanied at discipline and grievance hearings, which are set out in the Employment Relations Act 1999. The right to be accompanied is highly significant for both an employee and an employer, as it ensures support for the worker and shows that the employer...
It is vital to understand the differences between capability and misconduct issues. Misconduct is the case in which an employees’ inappropriate actions or behavior break the company’s rules. The examples of misconduct are harassment, insubordination, and absence without permission. Capability, on the other hand, refers to the worker’s ability to...
Freedom of association is stated in Article 11 of the Human Rights Act of 1998. The act protects individuals’ right to associate with others, thus, hold meetings and demonstrations regardless of their topic. It is crucial to mention that, under the act, freedom of association cannot be considered an unrestricted...
Implied duties are highly significant from the perspective of managing employees at the workplace. The concept of the duty of trust and confidence refers to the fact that all employment contracts are based on the implied duty that none of the parties will act to breach the duty of trust...
The Health and Safety at Work Act (HASAWA) of 1974 is the act that enforces duties employers have from the perspective of ensuring the safety, health, and welfare of individuals. The groups of individuals the act protects are not only the company’s employees but also clients and the general public....
Maternity, paternity, and family-friendly employment rights are stated in several pieces of legislation. One of them is the Maternity and Parental Leave etc. Regulations 1999. The objective of this legislation is to present the rights employees of the United Kingdom have from the perspectives of maternity and parental leave. One...
Equal pay law had several significant requirements, which are now stated in the Equality Act of 2010 protecting individuals from discrimination in the workplace and society in general. Besides the Equal Pay Act of 1970, the Equality Act of 2010 replaces several other anti-discrimination laws, including the Race Relations Act...
Pay One of the acts addressing the statutory rights workers have in the fields of pay is the National Minimum Wage Act of 1998. The major rights of employees include the ones to be paid a minimum wage and not to suffer the detriment of being dismissed for reasons related...
The Transfer of Undertakings (Protection of Employment) regulations (TUPE) is regulated by several acts, including the Employment Rights Act 1996 and Trade Union and Labour Relations (Consolidation) Act 1992. The goals of the legislation in the area are protecting the rights of workers whose business is transferred to another business....
Employment Rights Act 1996, along with the Trade Union, and Labour Relations Consolidation Act 1992, is the law related to redundancy. Redundancy occurs when a company wants to decrease the amount of its workforce. The objective of the law is to protect the rights of the employees affected by redundancy....
There are several aspects that may result in a need for reorganization and changes in a contract from the perspectives of both the employer and the employee. For instance, a company may expand and need some people to work in the new locations, or a worker may want to extend...
The four essential elements of a valid contract are offer, acceptance, consideration, and intention to create legal relations. An offer is a promise do to something, such as hire a person for a position; it should be capable of acceptance. After an offer is made, it can be either accepted,...
Recruitment The Equality Act of 2010 is designed to protect employees from various types of discrimination, including direct and indirect ones. Direct discrimination occurs in cases in which a person treats another one unfavorably because of the attributes or traits they have, such as gender, sex, sexual orientation, or pregnancy....
There are two recognized ways of resolving disputes before and during legal procedures outside the courts. The first one is mediation, which is a voluntary form of resolving a dispute in the workplace. The purpose of mediation is to maintain and restore workplace relationships and help the involved parties to...
Disputes related to employment law are usually heard in the Employment Tribunal, the County Court, or High Court. Employment tribunals are judicial bodies aiming at resolving conflicts and disputes related to employment rights between employees and employers. The claims tribunals hear include the ones associated with discrimination, unfair dismissal, redundancy...
There are many objectives of employment regulation; the three of them are associated with social justice, employee protection, and the implementation of government policy. Social Justice Employment law is highly significant for distributing social justice, which means that it ensures that all advantages and disadvantages are distributed within society evenly,...
A like-kind exchange is a real estate transaction in which both buyer and seller cooperate to avoid paying capital gains tax. In general, a like-kind exchange is beneficial for taxpayers as it basically allows them to defer a capital gain or loss on the sale. However, there are situations when...
If a person overpays their individual state income tax because of excess withholdings, they cannot deduct the entire amount in the year withheld. In such a case, an individual has to file a tax return form outlining his or her income, expenses, investment, and other information related to taxes. An...
It should be stated that exempt income refers to types of income to which federal and state income taxes are not applied. In short words, this means that this type of income is not taxable. Therefore, one may conclude that expenses related to tax-exempt income are disallowed in order to...
It is a fact that meals are considered to be a legitimate business tax deduction, though there are limits on what can be deducted. In most cases, business meals for employees are deductible at 50 percent. Meals for employees at the location of a business owner are also deductible at...
It should be mentioned that only accrual basis taxpayers are allowed to delay paying tax on the prepaid income. In such a case, a taxpayer has to prove that annual tax returns thoroughly reflect transactions. Therefore, it is suggested that someone who wishes to defer the reporting of prepaid income...
To successfully advocate and influence the political community, community health nurses must be politically competent. To do this, they need to be aware of the fundamental political concepts and how politics relates to nurses, patients, and healthcare (Rector, 2018). They also need to be familiar with theories of political processes,...
One of the most critical tasks of community health nurses is participation in the political life of society and influence on political circles through advocacy. Nurses have always defended the interests of their patients; however, providing such protection is not always an easy task. To provide more qualified assistance, community...
In the contemporary business environment, it is crucial to provide equal opportunities to all participants of business relationships. Recent changes in the legal framework have offered chances for people belonging to minorities and vulnerable populations to be represented in the business world to a greater extent. Therefore, for my industry,...
I agree that it should be very hard to pass a law because errors of omission are very grave as compared to the errors of omission. Congress made it very difficult for a law to pass through to prevent the occurrence of the errors of omission. Many nations encounter instances...
McCarthyism which stemmed a range of widespread investigations and persecutions was a legally challenging time for the United States as well. Several high-profile cases were reviewed by the Congressional Committees, most notably the House Un-American Activities Committee (HUAC). Many who appeared chose to plead the Fifth amendment as not to...
Health Insurance Portability and Accountability Act’s (HIPAA) Privacy Rule is designed to equalize and standardize the amount of data security and privacy on the federal level. It eliminates the gaps in client confidentiality among various health information holding or transferring entities. It includes three major safeguards, such as administrative, physical,...
Health Insurance Portability and Accountability Act (HIPAA) addresses informed consent, transfer of records, and client privacy issues. HIPAA’s three key parts are administrative, physical, and technical components. Administrative sections are regulatory frameworks to make sure that the client’s data is valid and available. The physical section ensures that there is...
A counselor may breach client confidentiality if the client request a release of information, other professionals are involved, the client’s consent was given, a counselor is operating under supervision, and a counselor consults with experts.
According to the ACA code of ethics, there five exceptions where a counselor is obliged to breach client confidentiality. There are foreseeable harm, end-of-life decisions, life-threatening diseases, court’s order, and minimal disclosure requirement.
A designer violated copyright law if he saw an existing idea, which was patented, and copied it entirely, perhaps slightly modifying the design. For the image not to be considered plagiarism, it is necessary to change it by more than 50 percent. If a designer took the idea of an...
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...
Although the House and the Senate are partners in the legislative process, each of them has its specific powers in regards to legislation. The specific powers of the House are as follows: The House has the duty to serve in committees, as well as propose bills and amendments. The House...
A bicameral legislative system is a type of governmental organization where the legislative powers are split between two different bodies. In the UK, these included the House of Commons and the House of Lords, whereas, in the USA, the names were changed to the US Senate and the House of...
The application of the Equal Rights Amendment should effectively end the last legal remnants of the archaic system that disadvantages women, rebut the idea of gender roles, and open doors for American citizens oppressed by the expectations and requirements of the system.
The proposed Equal Rights Amendment promotes the idea of gender equality, eliminates differences of treatment in various heated topics of discussion. It would enable men, women, and other genders to be treated equally in matters of divorce, property, employment, military service, child custody, and other matters.
The proposed Equal Rights Amendment guarantees equal legal rights to all Americans regardless of sex, effectively eliminating sex as a descriptor term from all American laws and prohibitions.
It is expected that the possible Twenty-Eighth Amendment will save the lives of American citizens and troops, prevent new wars from being started, and would give the population a lever in stopping an unwanted invasion of foreign soil before it even begins.
The purpose of possible Twenty-Eighth Amendment is to prevent the government from utilizing its military capabilities to achieve corrupt, self-serving, and imperialist goals at the expense of the lives of American citizens and the economy. The American government has a history of attacking countries across the world for inconclusive and...
The proposed Twenty-Eighth Amendment, On Declaring Offensive Wars, prevents the government to declare an offensive war or deploy its armed forces against any nation without first conducting a referendum at home, which would include all citizens of the nation.
I do not recommend any changes to the Fifteenth Amendment and instead advocate that it should be preserved as is.
The Fifteenth Amendment had massive impact on the US voting system established legal grounds for equality between all races in the US.
The Fifteenth Amendment effectively turned black slaves into citizens with voting rights.
The Fifteenth Amendment protects the rights of citizens to vote from discrimination based on race, color, and previous status of a slave or indentured servant.
I suggest that the Fourth Amendment should be updated and include some aspects about online and Internet security. The concept of privacy, as outlined during the 18th century, has changed with the invention of the Internet, creating gray areas left for government and police exploitation.
The Fourth Amendment had a massive effect on the world’s legal system by affirming an individual’s right to privacy. It served as a foundation for many modern legal procedures in regards to obtaining warrants and restricting the authority of the state.