Taking selected areas of the civil and or criminal law, evaluate whether sportsmen and women are treated differently from the general public in proceedings that have their origin on the field of play.
Sports Assignment Question 2 Taking selected areas of the civil and or criminal law, evaluate whether sportsmen and women are treated differently from the general public in proceedings that have their origin on the field of play. Answer Sport plays a major part in the culture of today's society. Many people spend considerable time in front of the television, in sports grounds and traveling all over the country to support their respective club whether it be football, rugby, cricket or netball etc. However whilst playing, spectating or just generally being involved in a sport, things can go wrong and this very often results in an action in the civil or criminal courts. Sporting incidents should be dealt with like any other civil or criminal action, however there is evidence this is not happening in many cases in both areas of law. There can be several areas of civil law where claims can be made. These are Negligence, occupier's liability, defamation, nuisance, trespass and animals. However not all these will need to be looked at, the main ones being Negligence and occupiers liability. It is in the area of negligence that I will look at the sporting cases and how they differ from non - sporting cases of civil wrongs. I will be looking at participators, clubs, referees and spectators. In the second section I will be looking at negligence and injuries in football and how
Family Law
Law Unit 4 - Family Law Family is the area of law which deals with family issues and domestic-related matters including marriage, cohabitation, divorce, annulment, property settlements, alimony and parental responsibility orders. Marriage is defined as 'the voluntary union for life of one man and one woman to the exclusion of all others.' This definition is from Lord Penzance's; the problem with this definition is a marriage is a contract between two individual which ascribes peculiar rights and duties, concerned. It follows therefore that the parties are subject to the contract laws governing marriages; the intentions of the parties will be paramount. The presumption of marriage is, if a man and woman live together, believe themselves to be married and present themselves as married, there is a rebutted presumption that they are legally married. The formalities required for a valid marriage are set out in the marriage act 1949, while those required for civil partnership are set out in the civil partnership act 2004, as amended by the civil partnership (amendments to registration provision) order 2005. The parties need to be of a certain age to enter the contract; anyone under 16 can't marry, if they are between age of 16 to 18 they can do so only with consent of their parents or guardian or whoever has parental responsibility. If these refuse then consent can be obtained
The Canadian Justice system towards aboriginal offenders
Most legal scholars will concede that the failure of the Canadian Justice system towards aboriginal offenders is one of the nation's most profound disgraces. It is a system where aboriginal peoples are systematically disadvantaged, with the inevitable consequences of overrepresentation in prisons and soaring rates of recidivism. Promising initiatives to address these problems have only recently begun to trump the established policy of blaming the aboriginal community for the heightened levels of criminality. One proposed alternative to the conventional justice process is a model of social healing called sentencing circles. Derived from aboriginal values of reconciliation, the sentencing circle is a physical manifestation of the principles of restorative justice with an adherence to the sentencing provisions in the Criminal Code of Canada. This paper offers a critical evaluation of the potential for sentencing circles to rectify the injustices towards aboriginal peoples in the criminal justice system. It begins with an examination of the differences between aboriginal and Euro- Canadian concepts of justice and why there is a need to seek an alternative form of sentencing. The argument is then put forth that the use of sentencing circles should be confined to aboriginal offenders, as it would be neither cost- efficient nor culturally relevant to implement in all justice systems.
Investigate The Employment Of People With Disabilities
[1] Investigate The Employment Of People With Disabilities Physical (mobility) Paralysis, loss of voluntary movement in a part of the human body, caused by disease or injury anywhere along the motor-nerve path from the brain to the muscle fiber. Paralysis may result from injury, poisoning, infection, hemorrhage, occluded blood vessels, or tumors. Occasionally paralysis is due to congenital deficiency in motor-nerve development. Permanent paralysis results from extensive damage to nerve cells or to a nerve trunk; severely damaged nerve cells cannot regenerate. Infections, trauma, or poisons that temporarily suppress motor activity but do not extensively damage nerve cells often cause transient or incomplete paralysis, called paresis. Among well-known paralytic conditions are poliomyelitis (previously known as infantile paralysis), cerebral palsy, and multiple sclerosis. Bell's palsy is a common facial paralysis, generally temporary and produced by such conditions as neuritis or infection. Locomotors ataxia is a paralytic condition caused by infestation of the spinal cord and brain with microorganisms that cause syphilis. Alcoholic paralysis is caused by degeneration of nerve cells, in the spinal cord or, less often, in the brain, which have been deprived of essential nutrients. Removing the underlying cause treats temporary paralyses. Permanent paralyses may be ameliorated
Outcome (3): Analyse the provisions relating to the police powers of arrest, search, seizure, and detention. Comment upon the continuing debate as to whether these powers are excessive or insufficient to allow the police to carry out their work efficientl
Outcome (3): Analyse the provisions relating to the police powers of arrest, search, seizure, and detention. Comment upon the continuing debate as to whether these powers are excessive or insufficient to allow the police to carry out their work efficiently. Civil rights are the freedoms and rights that a person may have as a member of a community, state, or nation. They include a person's freedom of speech, actions, and religion. They also include the rights for one to own property, and receive fair and equal treatment from the state, government, and other people. The courts are the governing bodies that decide whether a persons civil rights have been violated. They also determine the limit of such rights so that people do not use their personal freedom in order to violate such rights. The society that we live in is classed as a 'free society' (Stone, 2004; 67) whereby citizens have the right to carry out everyday tasks without an explanation to those in authority. Ones personal freedoms are greatly respected as identified in the European Convention of Human Rights Act 1988. However important ones personal freedom is it can still be intervened with by those in authority. Such invasion of ones personal freedom is authorised by the state. A prime example of this is upon reasonable grounds to do so the police have the power to arrest, search, seize, and detain someone or
Indigenous peoples, almost without exception, have been dispossessed and disregarded by those who 'discovered' them, and their assimilation, or eradication, has been a stated policy of many a government.
Indigenous peoples, almost without exception, have been dispossessed and disregarded by those who 'discovered' them, and their assimilation, or eradication, has been a stated policy of many a government. Historically, international law has done very little to redress the balance or protect or acknowledge indigenous interests. Even in the current epoch of international law with its focus on human rights, these rights have generally been conceptualised on an individual basis, not fitting easily with the inherent group nature of the indigenous people and their claims to self-determination. One manifestation of this clash of cultures is in the approach to rights over land and natural resources: where the Western system of individual ownership has worked to invalidate and subsume the communal group title of the indigenous, based on ancestry, the good of the whole community and a deep spiritual link to that which sustains them. Recently, however, indigenous communities have found their voice on the international stage and there has been more awareness of and respect for their rights. The way of life long enjoyed by the people of Gorgia has been threatened by the removal of their means of subsistence and, thereby, their right to self-determination. The current climate of sympathy, or perhaps shame, felt in relation to indigenous people does provide hope that an effective remedy for
Should people have a right to privacy?
Beth Lair Extended project – ‘Should people have a right to privacy?’ Privacy, should people have the choice to keep their business private? I am going to interpret the question of ‘should people have a right to privacy’ in a way that will explore a series of different angles. The dictionary definition of the word privacy is ‘the right to be free of unnecessary public scrutiny or to be let alone’ yet the definition for right to privacy is ‘the possible right to be let alone, in absence of some "reasonable" public interest in a person's activities, like those of celebrities or participants in newsworthy events. Invasion of the right to privacy can be the basis for a lawsuit for damages against the person or entity (such as a magazine or television show) violating the right. However, the right to privacy does not extend to prohibiting someone from taking another person's picture on the street’ 1(Law.com accessed 20/09/11 ) It is clear to see therefore that privacy rights are not simple. In England there is no straight forward privacy legislation. The above definition provides the basis for the different alleged violations and claimed rights I need to discuss in my essay. Why is phone hacking illegal but taking a person’s photograph or using their image without their permission is a lot more complicated regarding its legality? Firstly, I will discuss the
"Public policy has been slow to treat disability as a matter of equality, human rights and citizenship"
"Public policy has been slow to treat disability as a matter of equality, human rights and citizenship" What impact will the Disability Discrimination Act 2005 and the Equality Act 2006 have on public policy in relation to disability? "Public policy has been slow to treat disability as a matter of equality, human rights and citizenship" What impact will the Disability Discrimination Act 2005 and the Equality Act 2006 have on public policy in relation to disability? The Equality Act1 and the Disability Discriminations Act2, compliment each other in their aims, of eradicating discrimination, from the public domain. The objectives of the Equality Act are wider than those of the Disability Discrimination Act, in that they deal with discrimination on many more different levels than, discrimination against those with a physical or mental impairment3, which is exclusively dealt with by the DDA. However what they both have in common is the promotion of equal opportunity and eradication of discrimination. One of the main features to emerge from the Equality Act4 is the creation of the Commission for Equality and Human Rights (CEHR) this body will be taking on the role of and replacing the Commission for Equal Opportunity (COE), Commission for Racial Equality, and the Disability Rights Commission (DRC). As is apparent, all these Commissions are aimed at inclusion within the
Assighment For Leagal Method and Reaserach
ASSIGHMENT FOR INTERNATIONAL TRADE LAW Introduction International trade transaction is essential for the sale of goods with the addition of an international element. In practice, the seller and buyer are in different countries where the goods must travel from the seller's country to the buyer's country by various means of transports. In international sale of goods, they usually transit the goods by sea because of the international transactions. Therefore, contracts for the carriage of those goods must be procured between the seller or buyer and common carrier depending on different types of sale of contracts. Moreover, in most of incidences, the agreed goods are usually insured at a reasonable amount in case of being loss or damaged during the transit. The goods must also be paid for by various methods of payment to facilitate international trade. This essay aims to analyse the possible claims from our advising buyer G arising from other parties to the contracts involved in this transaction. The essay will also analyse the legal relationships of all parties created that their respective rights and duties may have in the transaction. In doing so, it will discuss sale of contracts on c.i.f. terms firstly, where it involves two other contracts respectively. Then, I will mainly analyse the duties of the shipper in the contract of carriage. Next, the most discussion will be
DIFFEERENT AREAS OF CONTRACT LAW
CASE STUDY LAW CASE STUDY 1 This is an unenforceable agreement which courts will refuse to enforce. It is a gambling agreement or Sponsione Ludicrae (Ludicrous promises). It's a contract in which people enter by usually placing a bet on a variety of sporting event or activity. The courts will not enforce these kinds of disputes which arise out of these agreements as they regard them as beneath them and their dignity. This stems from the time of Christianity which was a much more powerful force. Gambling was seen as a social evil and in no circumstances was such activity to be tolerated and promoted. They seen by denying gamblers an effective means of enforcing these kinds of agreement courts were more or less telling people they did so at their own risk. Relevant cases Ferguson v Littlewoods Pools Ltd (1997) - Members of a pool syndicate had won several millions of pounds on a football coupon or so they thought. The syndicate was unaware that the agent for Littlewoods pools had not forwarded the stake money as he had stolen it. When theft was recovered the syndicate members demanded that Littlewoods honour the winning tickets. Littlewoods claimed they had never received the winning tickets. The syndicate argued that Littlewoods was responsible for the actions of its dishonest agent. The syndicate took this to court. The Court of Session held by Lord
