Law for Non Lawyer Essay Example for Free

Law for Non Lawyer Essay As for one action, no matter it is legal or not is not only matches the law clauses, but also complies with the legal principle. Legal principle plays a vital role in the society. In the situation that the existing law would not have the ability to solve the new problems happened in the society, the legal principle can play a part in solving the problem. As for these situations that there are no explicit legal rules to solve the issue, the legal principle would take it. As for the relationship of the agent, the agent can represent the principal to do some things. Even if the contract is formed by the agent and the third party, the principal should take the responsibility finally. Body The Lawï ¼Å' unlike other rules, it is a symbol of authority and power. It relies on the compelling force of the state by different means of punishment. The law can be taking into many different forms, such as public law and private law, civil law and criminal law, common law and statute law, and so on. Public Law regulates the relations between citizens, companies and private associations on the one hand and the state on the other. Generally speaking, public law consists of Constitutional Law, Administrative Law, and Criminal Law. Private law regulates the relations between citizens, companies and private associations, such as tort law, contract law, land law, commercial law, and so on. Therefore, the law would play a role of guidance to people. For example, according to the criminal law, we can know what we can do and what we can not do. Under the press of the law, based on the fear of the punishment, we can prevent ourselves from committing a crime. Taking contract law for another example, the parties of the contract should bear the responsibility ruled in the contract. The unconstrained agreement is the basic element to a contract. Every party of the contract should comply with the quest ruled by the contract law. As for the application of common law, the judges should follow the previous decisions made in the process of the development of the law through doctrine of precedent. On the contrary, statute law is the laws made by the parliament. As for the use of the law in daily life, legal principle is one of the most important parts. At some situations, the application of the legal principle is more important than the legal clauses themselves. Due to the rapid development of the society and the economy, the evolution of the law can not keep up with the pace of the society and economy. In a result, in some cases, the existing law would not have the ability to solve the new problems happened in the society. So, as for these situations that there are no explicit legal rules to solve the issue, the legal principle is playing a vital role. According to the opinion of Leslie Green, another reason for the use of the legal principle is that law may be beneficial, but only in some contexts and always at a price, at the risk of grave injustice.[1] In general, the legal principle is formed in the process of the development of the law, experiencing a long history. It is always absorb the beneficial historical sources and develop into a useful material to match the need of the modern society for the law. It also develops to apply from an area to another area.[2] There are many legal principles can be used in our daily life. Such as the principle that everyone is equal before the law, signing a contract freely, protecting the public order and good morals, and so on. In the case of the background, although the action asking the friends to attend the party is match the rule of the law of the Prohibition of Unsolicited Parties (Fictitious) Act 2010, Derek violates the legal principle of protecting the public order and good morals. As a result, Derek should take some responsibility in the civil law. In the case, Ray, the Manager of a builder’s merchants, asks Derek, a Sales Assistant at the same workplace, to keep an eye on his 5-acre smallholding while he is on holiday in Spain. Derek emails a few of his friends to attend his 21st birthday party in a disused barn on Ray’s farm land. Due to a technical error, the email was sent to his entire email address book. Over 600 people arrive at the party and a neighbor farmer calls the police complaining about the noise. Derek is arrested for breach of the Prohibition of Unsolicited Parties Act 2010. For the Act, it applies to a gathering of more than a hundred people on land for a social purpose in which it is likely that alcohol will be consumed. It is a criminal offence to organize such a gathering without the permission of a local magistrate unless the organizer is an exempt person. (James B. Crippin, Jerry Ahern. Peter Squires. 2011) For the birthday party, it gathers over 600 people, it is up to the mustard of rally, that is, (1) particular majority participate; (2) participants have a more consistent motivation and purpose; (3) in the course, it has the serious violations, damage to public order, harm public safety or others. So, it needs to receive the permission of a local magistrate, otherwise, it will violate the Prohibition of Unsolicited Parties Act 2010. From the case of the background, we can see Derek and Ray form an oral contract and an agent relationship. In general, a contract is formed at the basic of the mutual assent between the parties.[3] According to the view of Miguel Pickard, the relationship formed among the people is aim at the interests of the parties.[4] The agent relationship formed between Derek and Ray is a typical example. In the stage of the leave of Ray, Derek, as the agent of Ray, would gain some rights as well as some responsibilities. Agent is formed by two parties: the agent, the principal. In the sense of the law, the relationship of agent has three parties: agent, principal and the third party. An agent is the one who is empowered to represent the principal to do some things, either implied or expressly. In the real life, although the contract is signed by the agent and the third party, in fact, the legal relation is created between the principal and the third party. An agency is formed either by express agreement or by implied agreement. In general, the relationship of agent formed by implied agreement is shaped in some necessary or emergent situations or shaped by custom. Such as a person entrusts with others’ property, need to preserve immediately, impossible or extraordinarily difficult to communicate with the principal. Once two people create the agent relationship and publish to public by words or other forms, this means that the third party has the evidence t believe their agent relationship. The agent and the principal can not deny the relationship casually. If the third party believes one person who is actually no authority to represent the principal is the agent of the principal and do some trade or sign an agreement with this person, the principal can ratify the authority afterwards. But there are some limiting conditions for the ratification: the principal who should have the contractual capacity must be informed of all the fac ts of the agency and ratify the authority during a reasonable time; the ratification must be of the entire contract and can be inferred. As long as the authority is ratified, the relation formed between the agent and the third party is binding to the principal.[5]As for the agent relationship, all of the parties should take their own responsibility and enjoy the right. The agent should follow the principal’s instructions. The agent can not make profits in the name of the principal for himself secretly. In general, the right of the agent to represent the principal is limited. If the agent makes profits secretly making use of the benefit of the principal, it is illegal.[6] In order to serve for the principal, the agent would ask for remuneration from the principal. The agent has right to ask for indemnity and reimbursement from the principal as long as injured or hurt during the stage of agency. Once the principal tries to avoid the liability, the agent enjoys the right of lien. The principal should make explicit authority to the agent and give relevant reward to the agent. If the agent does not represent the principal as the follow of the principal, the principal can use some remedies, such as refuse to pay the agent, sue for damage, ask the agent to recover the thing as before. The most important legal effect of the agent relationship is that the principal should take the responsibility of the acts of the agent. In the case of the background, the action of the agent of purchasing the apartment is binding to the principal. The principal should take the responsibility for the agent action. The trade made by the agent and the third party is binding to the principal.[7] In general, the principal is not always disclosing. As for the disclosed principal, the principal is bound by any contract unless the following situations: the agent exceeds their authority, the agent agrees to be liable and the principal is non existent. With respect to the undisclosed principal, the third party can choose one or more to take the liability, while the principal can sue unless the identity of the party is essential to the contract. The agent relationship can be terminated for many reasons. The agent and the principal can make an agreement to end the relationship. The relationship also can be ended by other legal reasons, such as the death of one of the agent or the principal, time is expiring, and so on. In the case of the background, Derek, as the agent of Ray, gets some rights authorized by Ray. Derek can use the smallholding in reasonable means. Although Derek does not need to take the Criminal responsibility, he should bear the civil liability for his action which affects the normal life of the neighborhood around the smallholding. But, according the law about the agent, the principal Ray would be the first defendant. After Ray bears the responsibility for the action of Derek, Ray can ask for Derek to undertake the liability for his action. According to the Prohibition of Unsolicited Parties (Fictitious) Act 2010, this Act applies to a gathering of more than a hundred people on land for a social purpose. But it is a criminal offence to organize a gathering if there is without the permission of a local magistrate unless the organizer is an exempt person. In the act, the exempt person means the occupier, any member of his family or his employee or agent of his. In the case of the background, Ray asks Derek to keep an eye on his 5-acre smallholding while he is on holiday in Spain. According to the Prohibition of Unsolicited Parties (Fictitious) Act 2010, as the agent of Ray during his holiday in Spain, Derek in entitled to use the smallholding for some purpose. In order to celebrate the twenty-first birthday, Derek asks his friend to attend the party is match the provisions of the Prohibition of Unsolicited Parties (Fictitious) Act 2010. Even if Derek does not gain the permission of a local magistrate, he also has the right to hold the party at the reason that he is an exempt person. The reason why Derek is an exempt person is that Derek becomes the agent of Ray in the period of Ray’s leave due to the agreement of both parties. However, even if the action of Derek to ask his friends to attend the party is comply with the quest of the Prohibition of Unsolicited Parties (Fictitious) Act 2010, Conclusion In general, on action can infringe several laws. At the same time, one action is punished either it does not comply with the provision of the law or it does not match the legal principle. At some situations, legal principle plays a vital role in the society. In the situation that the existing law would not have the ability to solve the new problems happened in the society, the legal principle can play a part in solving the problem. As for these situations that there are no explicit legal rules to solve the issue, the legal principle would take it. As for the relationship of the agent, the agent can represent the principal to do some things. Even if the contract is formed by the agent and the third party, the principal should take the responsibility finally. Just as the case in the background, Derek should take the responsibility for his action. Reference ï ¼â€  Bibliography [1] Bolton Partners v Lambert (1889) 41 Ch D 295 [2] Christina Maria Vogerl, â€Å"Unfair Terms in Standard Form Contracts†, European Master Program in Law Economics. [3] Leslie Green, â€Å"the concept of law revisited†, Michigan Law Review, vol.94; 1687 [4] Lloyd Grace, Smith Co [1912] AC 716 [5] Lunghi v Sinclair [1966] WAR 172 [6] Miguel, P 2007,‘reflections on relationships: the nature of partnership according to five NGOs in southern Mexico’, Development in Practice, volume 17, numbers 4-5 [7] P. J. du Plessis, â€Å"The Creation of Legal Principle†, Roman Legal Tradition, 4 (2008), 46–69, ISSN 1943-6483 [8] James B. Crippin, Jerry Ahern. Peter Squires. (2011). â€Å"First Response to Bombing Incidents and Weapons of Mass Destruction†. Chemical Rubber Company Press. [9] Aled Griffiths, â€Å"How are statutes interpreted?†, page617, Law for Non-Lawyers, Second Edition, ISBN 978-0-85776-696-0 [1] Leslie Green, â€Å"the concept of law revisited†, Michigan Law Review, vol.94;1687 [2] P. J. du Plessis, â€Å"The Creation of Legal Principle†, Roman Legal Tradition, 4 (2008), 46–69, ISSN 1943-6483 [3] Christina Maria Vogerl,â€Å"-$%01234;@EFLRWX_hiwxyÃ… ½Ãƒ µÃƒ ¬Ãƒ  Ãƒ ¬Ãƒ µÃƒ ¬Ãƒ µÃƒâ€Ãƒ ¬Ã‚ ¾Ãƒ ¬Ã‚ ³Ã‚ §Ã…“? ³Ã¢â‚¬ ¡Ã‚ ³{ ³m ³aTD ³h–à ¬hà a «5?CJ aJ mHh ´Chà a «5?CJ aJ h–à ¬hà a «5?CJ aJ o([pic]hßshà a «5?CJ aJ hà a «5?CJ aJ Unfair Terms in Standard Form Contracts†, European Master Program in Law Economics. [4] Miguel, P 2007,â€Å"reflections on relationships: the nature of partnership according to five NGOs in southern Mexico†, Development in Practice, volume 17, numbers 4-5 [5] Bolton Partners v Lambert (1889) 41 Ch D 295 [6] Lunghi v Sinclair [1966] WAR 172 [7] Lloyd Grace, Smith Co [1912] AC 716

Modern Music :: essays research papers

In an age of error the most influential thing in a child and or a teenagers life is music. Whether it be Reggae, Hip Hop, Gangster Rap, R&B, Oldies Rock, Latin, or Heavy Metal it still has a way to overpower a persons mind no matter how old they are. Right now pretty much everybody that I talk to when I am on the Internet like Rap. I don’t understand how people could listen to non-stop cursing and fast-paced lyrics. Even though my opinion of the music isn’t so great the singers have to get some credit for being able to recite poetry in such a manner. I prefer the heavier stuff like Slipknot, KoRn, or Kittie because I enjoy talented people who play their own instruments, and personally I like very loud music. Reggae is well known because of one group and that group is Bob Marley and The Wailers. I happen to like them because they pretty much set the standards for a band that are known to people as Sublime. They are sort of a rock "n" roll/reggae band with hit songs like "What I Got" and "Santeria". My friends and I sometimes refer to Bob Marley as the "God" of music. Another popular style of music is the Pop music category. I think it features a bunch of no talent boy groups like N’Sync* and the Backstreet Boys. It is artists like this who are ruining our countries youth. These bands are corrupting the minds of our teen and pre-teen girls, and I don’t believe its right that they are doing this because very rarely do girls like the same music as my friends and I. Finally we get to the music that gets more interesting the heavy metal/rock music. I happen to like this style of music the best because the music means something. I don’t think that it is right for the tabloids to go out every time something happens with shootings at schools and blame it on the rock music. Rap is the music that gives the message of killing and shooting people. I don’t think it is right that they can go blame artists like Marilyn Manson and Ozzy Osbourne for children with weak minds when it comes to music that deals with death. Finally, my last point is that the tabloids judge a musician by the way that they look and from what they heard about them.

A Case Study on Animal Testing Essay

Imagine a world where humans are taken to laboratories and tested on in a callous manner. A world where people are injected with harsh drugs and chemicals that physically and mentally harm their bodies and their life. If this scenario does not sound acceptable to act upon humans, then it surely cannot be right for animals. Right now in the world thousands of animals are experiencing this, and it most defiantly is not fair. Animal testing should be stopped because it is not only cruel, but unnecessary since there are alternative testing methods and animal rights. See more: Examples of satire in adventures of huckfinn essay The statistics of animal testing reflect the cruel and inhumane behavior that it exercises. Tests sometimes require thousands of animals and can last for one month or even an animal’s entire life. (Watson, 2009, Animal Testing p.32) The tests affect the animals in a brutal, harsh manner that could result in death. In fact 50% of all animals that are tested on end up dying. (â€Å"Pros and Cons of Animal Testing† 2013, para. 2) America is one of the countries that tests on animals most commonly. Government facilities in America that subject to animal testing are the Environmental Protection Agency, Food and Drug Administration, the Department of Transportation, National Toxicology Program, and the Department of Agriculture. But surprisingly these tests aren’t required by law in America. (Peta, â€Å"Animal Testing 101†, para. 3) Over 100 million animals suffer each year and $1 million is spent on experiments and equipment for testing. Animal testing uses 40 % of all research funding from the U.S. National Institute of Health. (Watson, 2009, Animal Testing p.9) It is necessary that the statistics of animal testing are revealed to those who have been misinformed or undereducated of the issue. The despicable methods of testing that are used presently have shown to be brutal and potent. The experiments involve the usage of rats, birds, guinea  pigs, cats, monkeys, goats, rabbits, fish, mice, and dogs. (â€Å"Vivisection†, 6th ed., p.1, 2013) The experiments are mainly for the purpose of cosmetics, medicine, household cleaners. A lethal poisoning test invented around the time of World War I—in which animals are force-fed increasing doses of a chemical until they die–is still the single most common animal test in use today. Examples of the drugs and chemicals that are used on the creatures are penicillin, morphine, and aspirin- all of which have the potential to kill the animals. The animals are burned, shocked, isolated, forcibly restrained, addicted to drugs, and receive brain damage. (Edwards, 2011, â€Å"Animal Testing†) The methods of testing are dermal penetration, eye irritancy, carcinogenicity. acute toxicity, reproductive and DEV toxicity, neurotoxity, skin corrosivity/irritation, ecotoxicity, and pyrogeniaty. (â€Å"Vivisection†, 6th ed., p.1, 2013) Also, the conditions in the laboratories are unsanitary and horrible for living. The animals are deprived of food and water, their waste is not kept after, and they are closely packed in small cages regardless of their state of health. The worst part is that the animals are given no pain killers of put under anesthesia, therefore they are forced to suffer for countless hours. This way of so-called â€Å"science† is extremely atrocious to the lives of animals, and needs to be stopped for good. The methods of animal testing that are generally used in America are unnecessary since there are alternative methods of testing. Richard Klausner, former head of the National Cancer Institute, once said, â€Å" We have cured mice of cancer for decades and it simply didn’t work in humans† (â€Å"Pros and Cons of Animal Testing† 2013, para. 5) Basically what Klausner is saying is that it is hard to fix humane issues by testing on animals. The results will usually come out as inaccurate or unreliable. The differences between a human body and an animal body are very distinct. There are animatic, metabolic, and cellular difference between the two. There are endless alternative options to replace the merciless environment of regular animal testing. Scientists can study cell cultures by using computer modeling, create artificial human skin, use â€Å"Vitro† testing, and even test on human volunteers! These new methods harm no living creatures and are becoming inc reasingly popular. (Peta, â€Å"Animal Testing 101†, para. 6) For example, the makers of botox have begun to run tests on cells in a lab dish instead of on live animals. Also, it was found that sunscreen can be tested on humans and brings results that are accurate 93% of the time. It is time to turn animal testing into a relic of the past, because better methods exist that are efficient. Lastly, animals deserve to live their lives free from suffering and exploitation. Animals’ rights are just as equal to the rights that humans possess. All animals have the ability to suffer in the same way and to the same degree that humans do. They feel pain, pleasure, fear, frustration, loneliness, and motherly love. Animals also show loyalty, and communicate with each other. (â€Å"Animal Rights Movement† 2001, Animal Rights section) Supporters of animal rights believe that animals have an inherent worth—a value completely separate from their usefulness to humans. Animals do not have a voice, so therefore, humans are their voice. Most animal rights activists stick to the idea that animals should be free to do as they please, which is not a hard task to accomplish. It is very easy to leave animals where they belong, and let them live their life naturally and without human interference. Animals should be as free as people to roam about and do their animal things unmolested and restrained by humans. So that is exactly what needs to be done. Humans need to understand that animals should have basic rights; the right to not be tortured, neglected or killed needlessly. Overall, animal testing can be described as plainly wrong. Animal testing should be stopped because it is not only cruel, but unnecessary since there are other testing options and animals have rights. Animals rarely serve as good models for the human body therefore animal experimenters are simply wasting the innocent lives of animals. The animals undergo poisoning, shocking, burning, and even death. These methods can be avoided because there are alternative options, so animal testing can be deemed as unneeded and inefficient. In conclusion, animal testing should be eliminated because it violates animals’ rights, it causes pain and suffering to the experimental animals, and other means of testing product toxicity are available.

Jrotc - 1252 Words

ROTC An abundance of medal-clad students halted in formation, arranged in a platoon at the far side of the gym littered with desks. Standing at attention, the group radiated a sense of unity, a demand for respect. Amid all the misconceptions revolving around ROTC, the program doesn’t falter under a scrutinizing eye. JROTC is more than a connection to the armed forces. In fact, that’s not what it’s founded on at all. According to James M. Hale, Area Ten Commander of ROTC, the program focuses on service. It’s not merely a pipeline to the military; students join for a multitude of reasons. â€Å"I didn’t know about it in middle school†, freshman, Mathew Cha, Petty Officer Second Class said. â€Å"I figured it out when I was filling out [schedule†¦show more content†¦Ã¢â‚¬Å"We aren’t looking for you to join we are looking for you to get citizenship and community service that in your mind something bigger than yourself.† Leal said. â€Å"The placement of the ribbons is the most tedious. You have to bust out a ruler and make sure it’s right on or else you’ll get points ticked off, especially in drill meets.† Cha said. â€Å" When the instructor is inspecting you they will catch you and count off even if it’s a millimeter difference. They notice it’s really important to be exact where you place everything.† Blah=Asian guy *The following are quotes from Commander Hale* â€Å"As the area manager, I’m the link between the JROTC units within my area of responsibility and the navy. My area, area ten, is all of Texas east of Uvalde Texas, so I have 57 high schools that I am responsible for that have navy JROTC, and I’m their link back to the navy† â€Å"I think one of the most important lessons we teach in JROTC is importance of service. 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