According to (McBride, 2010) the ethical issue that confronts lawyers when defending a guilty client is the fact that it is a general stigma that a person guilty of a crime is required to be punished to the equivalent of the crime. However, Asimow (2006) states that without correct solicitor representation, the defendant’s version of…
Category: Law
The importance of conceptions/definitions of terrorism to the analysis of counter-terrorism
Terrorism is the most discussed issue in early 21st century public discourse. Ever since the September 11, 2001 attacks on America, it has been a major pre-occupation of American diplomatic and military efforts. Since the United States is the leader of the prevailing uni-polar world, terrorism now has implications for all countries associated with it….
Compliance with the five main principles of the UK Corporate Governance Code
The UK Corporate Governance Code was conceived and written by the Financial Reporting Council. The Code is part of a set of Listing Rules mandated by the Financial Services Authority of UK. The Code governs transparency and accountability standards for companies listed in the London Stock Exchange. In essence, the Code is a set of…
How does the Australian constitution empower the Commonwealth Parliament to make the most of the country’s laws?
Australia has taken great strides in its short history as a democracy. After winning sovereignty from British rule, the leaders of the young nation embarked upon creating democratic institutions and processes to ensure fairness and justice for all. They looked up to British legal history and the American written constitution to chart out a robust…
The History of the USA.: Three Branches of Government
What were the reasons that our Founding Fathers, at the Constitutional Convention of 1787, divided the federal government into the legislative, judicial, and executive branches. 2. How are the three branches of the our federal government supposed to interact? 3. Summarize the 1 & 2. During the Constitutional Convention of 1787, our Founding Fathers deliberated…
Legitimacy and the Triumph of the Will
In global geo-politics, the term legitimacy comes up for discussion quite often. This is especially true with regards to a government’s military actions in its foreign affairs. But a distinction will have to be made between ‘legitimacy’ and ‘legality’. ‘Legitimacy’ is seen as a matter of keeping to the spirit of the law, where as…
Pirates of Globalization: An overview of Intellectual Property Rights
Intellectual property theft is one of the major concerns for global business leaders. In an era of globalization and fast dissemination of information, fraudulent manufacturers employ sophisticated means of acquiring patented information and exploit it for commercial gain. As Catherine Holahan notes in her article for Business Week, pirated goods now account for nearly 7…
Search and Seizure in civil and common law systems
‘Search and Seizure’ are couple of legal terms (usually used together) in civil and common law systems, where law-enforcement authorities or their representatives, search a person’s property and confiscate valuable evidence to a purported crime. The persons upon whom search and seizure are committed are selected on grounds of reasonable suspicion. In most cases, the…
Recruitment and Hiring: Key laws, regulations and principles
Recruitment and Hiring is an important aspect of Human Resources Management, for it is here that candidate employees first come into contact. In recent decades, the process of interviewing and screening candidates for possible employment has become more systematic and sophisticated. Corporate laws have also caught up with the needs of organizations. Vice versa, more…
Q & A on Separation of Church and State
1- Define the concept of “separation of church and state” Separation of Church and State is one of the governing principles under the Constitution of the United States, which forbids any interference of religion in affairs of the state. At the time of the inclusion of this provision in the American constitution, it was seen…