Introduction to Law Enforcement unit 2 DB Essay Example | Topics and Well Written Essays - 250 words

Introduction to Law Enforcement unit 2 DB - Essay Example According to (BLS,2012)Police officers protect lives and property. Detectives and criminal investigators, who sometimes are called agents or special agents, gather facts and collect evidence of possible crimes. The role of the law enforcement authorities should change as the circumstances and threats surrounding a county is always unstable.For eg: Since the September 1 1th terrorist attack the role and responsibilities of law enforcement has changed for good. As per (Walsh,2009)†The field of law enforcement has changed greatly since I became involved in public safety in 1985, and my career in Wenham in 1987†. The main change I would like to make is the abuse of drugs among students and selling of drug on the street.This is because protection of young generation is the foremost duty of the law enforcement agents. According to (Bennett,2010)†Illicit drug abuse is seriously affecting our children, our schools, our workplaces and our society†. Bennett, W. J. (2010, September 4). We ignore rise in drug abuse among kids. In http://articles.cnn.com. Retrieved June 12, 2012, from http://articles.cnn.com/2010-09-24/opinion/bennett.drug.abuse_1_drug-overdose-drug-abuse-illegal-drugs?_s=PM:OPINION Walsh, K. M. (2009, February 18). Walsh: Law enforcement changes over 20 years. In .wickedlocal.com/. Retrieved June 12, 2012, from http://www.wickedlocal.com/ hamilton/news/lifestyle/ columnists/

Factors in a Commercial Contract

Factors in a Commercial Contract INTRODUCTION: A commercial contract is a contract viewed by the courts unless it has been indicated otherwise, to be legally binding. It doesnt have to be a written contract, as any contract between two parties that mostly relates to a commercial issue, is known as a commercial contract. It can be contract between a corporation and its customers, or the corporations themselves. To ensure that all contracts are legally binding, there is a structure that has been set in place by the law, that shows the ways and means to draft these agreements and to be made fully aware of that, breaking of these contractual agreements is a very serious offense in the eyes of the law. TERMS IMPLIED BY STATUE FROM CUSTOM AND STRUCTURE: In commercial trades, there are implied terms into the contract that must be contracted out of on the off chance that they fulfil the sensibility test laid out in the Unfair Contract Terms Act 1977. In contracts for the offer of products and supply of facilities, certain essential arrangements are suggested by statute with a specific end goal to give security to buyers. Commercial contract utilises the validation of their agreement within the contract. An example of this will be the terms and conditions that both the consumer and cooperation are legally constrained to, within their contractual agreement. The representation of the courts come into place here, as through consumer rights to reimburse on any damages the consumer may have encountered. These suggested terms are circumstances of the agreement signifying the inability to go along, would offer ascent to one side to dismiss. This privilege to dismiss however is constrained by Section 15A where the rupture is so slight, it would be irrational to dismiss. There is a safeguard that ensures the dealer does not have the privilege to offer the merchandise, where the products are sold by interpretation, there is an implied term that the products will compare to its portrayal, and the corporation must guarantee that the products they offer are of an acceptable quality and its purpose. There is an implied term that the merchandise will match its quality, even if they are vended as samples. In the case of Ashington Piggeries [1972], Lord Wilberforce upheld that the test for purchasing by narrative, is more judgment skills test in view of expectation of what the parties needed as opposed to some metaphysical discussions, with regards to the way of what is conveyed, contrary to what was sold.[1] Terms implied from custom or usage, differs from other implied terms. This is solely based upon the reason that, whilst this particular term in question is centred on practice, the other terms are established necessity. Meaning that, this particular implied term, cant eject the express term of the agreement. They are ejected by an essentially implied term, or by intrinsic in the nature of the agreement. As Sir Christopher Staughton said. It is rare in modern times to find that a contract is varied or enlarged by custom.[2] Considering the case of Cuncliffe Owen v Teather and Greenwood [1967], for the conditions of the agreement to be obligatory, it is a necessity that the procedure is notorious, certain and reasonable, and not contrary to lawà ¢Ã¢â€š ¬Ã‚ ¦.[3] TERMS IMPLIED BY THE COURTS: The courts interpretation of contracts is important in legal practice. The Privy Councils assistance on the ramifications of agreement terms in Attorney General of Belize v Belize Telecom Ltd [2009], has maybe amusingly, turn into a lesson in the troubles of translating a legitimate content. Individuals who make contracts are authorised to discern what the courts will interpret of what a contract agreement is. It is in light of a legitimate concern for the gatherings to an agreement, and in the general population premium, that judges ought to force some limitation to forestall time and cash being squandered in considering a mass of insignificant evidence. The concern of implied terms emerges once the express terms have been understood, and an implied term cant be incorporated where it would disprove an express term. As Bingham MR said (Philips Electronique Grand Public SA v British Sky Broadcasting Ltd (1995)), It is tempting for the court then to fashion a term which will reflect the merits of the situation as they then appear. Tempting but wrong.[4] MS established that it is fundamental for the corporations viability that the duty to reimburse ought to be inferred into the rent. The contradicting contentions on the proprietors part incorporated that the suggested term would lie uneasily with the express rent terms. The express arrangements highlighted that the gatherings had guided them to the particular question of what costs were to be made, if whether or not the leaseholders break was applied. There was a mighty contention this made it wrong for the court to venture in and fill in what was close to an uncertain breach.[5] The decision made in Marks and Spencer Plc v BNP Paribas Securities Trust Company (Jersey) Ltd [2015] was a very important verdict, that made an impact on various tenants and the beliefs based upon whom, preceding to the resolution was deliberated that, in order to substance a bit of fairness, the proprietor shall reimburse the upfront fee that was made, in veneration beyond the disbanding date of the contract, as a result of the tenant effectively applying a break right.[6] At first occasion, Morgan J maintained the occupants claim. Referring to Belize, he asked himself whether the proposed term would illuminate explicitly what the reasonable result will comprehend, regarding the meaning of the agreement made. He perceived that, had the break premium been paid before 25 December, with the goal that it was sure at that date that the break notice would be viable, the occupant would have been qualified for pay just a proportionate piece of the lease for the quarter. As Morgan J establi shed, the suggested implied term is necessary to give business efficacy to the lease.[7] Although the influence of applying the pertinent lawful standards might be out of line bias to the inhabitant or a fortune for the proprietor, those results are probably not going to be adequate to oblige the proprietor to make a reimbursement. The express terms of an agreement will frequently neglect to accommodate a specific arrangement of realities. The court will, for the most part, find that this exclusion was considered, if something was intended to happen, the agreement would have indicated this. At times, be that as it may, the court will imply a term in fact, finding that the agreement truly provides for the issue, though certainly. A term may be implied in the event that it fulfils the trial of corporations needs, or is obvious to the point that its implied, and it will be an uncommon case which fulfils just a single of these two necessities. An imperative element for the Supreme Court was the built up lawful foundation against which the rent was gone into, especially, in connection with the distribution of lease payable ahead of time. It has for quite some time been entrenched that lease, regardless of whether payable in arrear or progress, is not apportion able in time in precedent-based law. While the Apportionment Act 1870 takes into consideration lease payable in arrears.[8] Demonstrated in the case of Ellis v Rowbotham [1900] where the court held that, the Act does not make a difference to lease payable ahead of time. The Court dismissed the contention that Ellis ought to be overruled. The Supreme Court examined in detail Lord Hoffmanns persuasive remarks in Attorney General of Belize v Belize Telecom Ltd [2009], where he recommended that the way toward suggesting terms into an agreement was a piece of the practice of the development, or translation, of the agreement. Lord Neuberger give occasion to feel qualms about those remarks regarding them as a characteristically inspired discussion rather than authoritative guidance on the law of inferred terms. [9]Before Belize, it was entrenched that the court would just infer a term into an agreement on the off chance that it was important to give the contract corporation viability, or if the term was obvious to the point that it abandoned the last regularly showed, with the officious bystander test in Shirlaw v Southern Foundries (1926), undermining the test in The Moorcock (1889).[10] On the off chance that neither one of the tests was fulfilled, the misfortune would stay in the exact stop it tumbled. Lord Neuberger then went on to state a very important vital point which was that the express terms of an agreement must be translated before one can consider any question of suggestion. It is simply after the procedure of interpreting the express words is finished that, the issue of an implied term tumbles to be considered. Until one host chose what the gatherings have explicitly concurred, it is hard to perceive how one can set about choosing whether a term ought to be inferred, and if so what term.[11] CONCLUSION: After thoroughly reading into the grounds of implied terms, and the circumstances of which they will apply to, it is clear that there are reserves for an implied term would be reasonable, as well as without it the break right would work eccentrically. Yes, many contract terms can be suggested, however, the act of utilising inferred terms is subject to the courts capacity to give the best possible and planned intention to the terms. The court frequently expects that specific terms are basic learning and that both sides comprehended the meaning of those terms without characterising the terms in detail. If the common significance of the words would prompt to an irrational outcome, then it should be consider whether there is a reasonable hold under other significances. After a contract has been made, neither parties can depend certainties emerging or other information, as a guide to its importance. BIBLIOGRAPHY: Andrews N barrister, Contract law (Cambridge University Press 2011) McCunn J, Belize It or Not: Implied Contract Terms in Marks and Spencer v BNP Paribas (2016) 79(10.1111) ModernLaw Review McKendrick E, Contract law: Text, cases, and materials (6th edn, Oxford University Press 2014) Davies PS, JC Smiths the law of contract (Oxford University Press 2016) Ross C, Supreme Court clarifies law on implied terms: Business efficacy test remains (2016) accessed 20 February 2017 LLP 2017 A, Supreme court restates the law on implied terms (2016) accessed 20 February 2017 Staughton SC, How do Courts Interpret Commercial Contracts (1999) 58(2) The Cambridge Law Journal Weitzenbà ¶ck EM, English Law of Contract: Term pf Contract (Uio, March 2012) accessed 22 February 2017 Supreme Court decision in Marks and Spencer plc v BNP Paribas Securities Services Trust Company (Jersey) Limited [2015] UKSC 72, (Falcon Chambers) accessed 22 February 2017 [1] Richard Austen-Baker, Implied terms in English contract law (Edward Elgar Publishing 2011) [2] Richard Austen-Baker, Implied terms in English contract law (Edward Elgar Publishing 2011) 79 [3] Richard Austen-Baker, Implied terms in English contract law (Edward Elgar Publishing 2011) 86 [4] Neil barrister Andrews, Contract law (Cambridge University Press 2011) 372 [5] Joanna McCunn, Belize It or Not: Implied Contract Terms in Marks and Spencer v BNP Paribas (2016) 79(10.1111) ModernLaw Review [6]  Ãƒâ€šÃ‚   Joanna McCunn, Belize It or Not: Implied Contract Terms in Marks and Spencer v BNP Paribas (2016) 79(10.1111) ModernLaw Review [7]  Ãƒâ€šÃ‚   Joanna McCunn, Belize It or Not: Implied Contract Terms in Marks and Spencer v BNP Paribas (2016) 79(10.1111) ModernLaw Review [8] Ewan McKendrick, Contract law: Text, cases, and materials (6th edn, Oxford University Press 2014) [9] Paul S. Davies, JC Smiths the law of contract (Oxford University Press 2016) 182 [10]  Ãƒâ€šÃ‚   Neil barrister Andrews, Contract law (Cambridge University Press 2011) 365 [11]  Ãƒâ€šÃ‚   Paul S. Davies, JC Smiths the law of contract (Oxford University Press 2016) 182

Affirmative Action - The Battles Against Race-based Educational Plans E

Affirmative Action - The Battles Against Race-Based Educational Plans California's decision in 1996 to outlaw the use of race in public college admissions was widely viewed as the beginning of the end for affirmative action at public universities all over the United States. But in the four years since Californians passed Proposition 209, most states have agreed that killing affirmative action outright would deepen social inequality by denying minority citizens access to higher education. The half-dozen states that are actually thinking about abandoning race-sensitive admissions policies are themselves finding that the only way to enlarge the minority presence in college without such policies is to improve dramatically the public schools that most black and Latino students attend. As a result, these states are keeping a close eye on California, Texas and Florida, where "percentage systems" have sprung up to replace affirmative action. Under these systems, students who achieve a specified ranking in their high school graduating classes are guaranteed admission to state colleges. In California, for example, the so-called 4 percent plan guarantees college admission to everyone in the top 4 percent of high school graduating classes statewide. Minority enrollment, which crashed after Proposition 209 passed, has rebounded at the second-tier colleges. But the decline has continued at the flagship colleges, U.C.L.A. and Berkeley -- largely because the high schools in black and Latino neighborhoods routinely fail to offer the advanced placement courses that are readily available in white neighborhoods and that are taken into account when the elite colleges make admissions decisions. The American Civil Liberties Union of Southern California has challenged this arrangement in a class-action lawsuit. Having eliminated the race-sensitive policies that once compensated for these inequalities, California is now being forced to deal with the inferior public schools that made those policies necessary. The University of Texas has learned a similar lesson since a federal court ruling forced it to abandon race-based admissions policies in 1996. Black and Latino enrollment dipped precipitously in the first year, but rose again after the legislature passed a law guaranteeing college admission to all students who graduate in the ... ...no children to fall behind. Gov. Jeb Bush of Florida is currently embroiled in a fight over an executive order that outlaws race-based admissions at the state universities -- while guaranteeing admissions to the top 20 percent of high school classes. Mr. Bush's order was meant to render moot a ballot initiative on affirmative action that Republicans feared would heighten black turnout in this year's presidential election. The 20 percent rule seemed non-controversial and even generous -- until Governor Bush found that roughly two-thirds of additional black students who might benefit from the rule had been so neglected in high school that they had failed to graduate with the necessary credits for admission to the state university system. The state is now pushing public schools that serve black students to provide better course offerings. What all these states have learned is that the only real way to make race-sensitive policies unnecessary is to guarantee black and Latino children from poor communities a realistic chance at a decent education that prepares them for college. To kill the policies before those guarantees are in place is to court civic disaster.

Myth and Archetype Analysis

When life presents us with an opportunity where we can get ahead, or allows us a chance to make a past transgression right, we are obliged to discern the occasion and take action. We must move forward with confidence, and not look back, for this may be a once in a life time opportunity. Indecision or hesitation may cause us to miss out on what we really desire in life, and what we may end up with instead is a life filled with regret. Unfortunately, the latter is the case in the Greek myth of â€Å"Orpheus and Eurydice† and The Bible story of Lot and his wife. It was the uncertainty, and lack of confidence in which Orpheus, Lot, and his wife displayed that caused ruin over their lives. In the two stories, the situation archetypal elements were opportunity, doubt and doom. Hell or the underworld was their fate, however in each situation they were given the chance to be spared, but doom and doubt blocked their stroke of luck. In life we must recognize when we are being presented with an opportunity that we may never receive again. In the myth â€Å"Orpheus and Eurydice†, Orpheus was granted a once in a lifetime chance to rescue his beloved Eurydice who had carelessly stepped on a snake, and was carried off to Hades. He immediately partitioned to the gods of Hades, and was granted the opportunity to journey to the underworld to rescue the one who held his affections. With the possibility of having her life spared, Orpheus began to plead his case. In the lyrics of his song to the gods sprung forth the despair he was feeling. He sang, â€Å"Oh gods of the underworld, to all who live must come, hear my words. I am Orpheus, son of Apollo, and I seek my beloved Eurydice. Let me lead her to the earth, or I myself will remain here, for I cannot return alone†. (2) His song was so sorrowful, even the gods of Hades were filled with pity, and could not deny Orpheus’ request. He had received his break, and soon he was reunited with Eurydice, and was allowed to take her back to earth, but only after receiving strict instructions that he must not look back at her, or speak to her, until they reached the upper air. 4) When we receive favor from the gods we must operate in confidence, and that is what Orpheus did. Feeling certain, he took the lead, as they journeyed back to earth moving ever so swiftly, and with great anticipation of making it to the other side. Consequently, just as these emotions began to overtake him, his confidence wavered, and he turned around to confirm Eurydice’s presence. In that instant his blessing was dissolved, and she ade him farewell as she was pulled back down into the belly of Hades, and he, sucked up to earth. Because Orpheus did not remain steadfast in his actions, and allowed the spirit of doubt to interfere with his once in a lifetime opportunity: he lived the remainder of his life filled with doom, and regret until the day he died, and could be reunited with his beloved Eurydice in the underworld. When we are given opportunities to better our situation we must not dwell on the past. Instead, we must move forward in confidence that what is ahead is going to be better than where we are. In â€Å"The Book of Genesis†, the Bible tells us the story of Lot and his wife, and how God was going to spare the lives of Lot and his family in return for his protection over the angels. God was going to bless his family by removing them out of the wrenched city of Sodom. While Lot knew that God was going to destroy the city, it was difficult for him to leave. He was so entangled in his wealth and status in the city that he hesitated to walk away. Unlike Orpheus, Lot from the beginning lacked the confidence, and discernment needed to receive his miraculous opportunity: even after his request made to God was granted. He said to God, â€Å"Look, here is a town near enough to run to, and it is small. Let me flee to it- it is very small isn’t it? Then my life will be spared. †(Gen. 19:20) God did grant him this request nonetheless, he proceeded with reluctance. When he hesitated, the men grasped his hand and the hands of his wife and two daughters and led them safely out of the city, for the Lord was merciful to them. (Gen. 19:16). Lot was doomed from the beginning because he did not appreciate where this once in a lifetime opportunity would take him. Moreover, he preferred to remain where he was, denying his blessing once and for all. Not only do we need to be able to identify an opportunity of a lifetime when it comes our way, moreover, we must naturally accept it, and believe in ourselves and the outcome. While Lot reluctantly accepted his blessing to be rescued from Sodom, his wife was also uncertain of there fate even in the mist of being led to safety: and while God rained down burning sulfur on the towns of Sodom and Gomorrah. They had been instructed to run for their lives, and not to look back, and not to stop anywhere on the plain: yet, with safety on the horizon, Lot’s wife looked back, and became a pillar of salt. Initially, since Lot and his wife (especially Lot) did not want to accept the favor God was giving, their out come was reverse and their lives cursed In life ost of us will be granted opportunities big or small that can change our lives. Sometimes human nature would have us second guess what the universe has in store for us. We may ask ourselves the question â€Å"why me†, or we may think ourselves unworthy, or incapable of such opportunities that we camouflage our own success: even when it is in the palm of our hand such as the case in the two compari sons above. When presented with a chance to right a wrong, or to better your life or situation, graciously except your fate, and know that what the universe has for you, is for you.

Discipline Versus Child Abuse

Discipline versus Child Abuse Tiara Loving February 2, 2011 Criminal Justice 100 Homework Assignment #1 Is there such a thing as too much discipline? How far can a person go with discipline before it turns into child abuse? How do a person know if they are performing child abuse? These are the three main questions that raise a debate when the subjects discipline and child abuse are put in one sentence. What some people might call discipline others may say is child abuse. Gaining the knowledge and education of what is right and what is wrong is the key to preventing discipline from becoming child abuse.As stated in the American Heritage College Dictionary, discipline is defined as â€Å"training expected to produce a specific character or pattern of behavior. † Child abuse is defined as â€Å"mistreatment of a child by a parent or guardian, including neglect, beating, and sexual molestation† on dictionary. com. Unfortunately, a parent or guardian training a child to prod uce a specific character or pattern behavior may lead to mistreating or neglecting a child unintentionally. It is legal to spank a child but it is also illegal to beat them.Spanking a child may be considered as light licks on the legs or bottom. Beating a child may consist of bruising or drawing blood. But what works for one child might not be any good for the other. One child can learn a lesson from a spanking but if a parent spank’s the other child, it might not have an effect on him at all. That is when alternatives come in. Either way a parent decides to punish that child, that parent’s point will be made or that child will have learned a lesson. There is nothing wrong with disciplining a child for doing something he was not supposed to have done.Punishing a child will serve as a warning to let that child know that if he ever did something bad again, there will be a consequence. There are many ways to discipline a child without performing child abuse. For example, if a child is at school and acts inappropriate towards his peers or the teacher, he can be giving a spanking, a timeout or some of his privileges can be taken away from him. That child might think the parent is being mean or obnoxious, but that entire time that parent is really showing how much they love and care for that child. As a kid, I would get into trouble a lot.Of course there would be a consequence, and a few words that came along with it. I will never forget the words my mother said to me as I received my spanking: â€Å"I am only doing this because I love you and I want you to do what is right no matter what the situation is. If I do not whip you, you will continue to do the same thing, so I have to teach you a lesson. † As I got older, I realized that she really cared. I felt that I did not want to embarrass her or myself any longer and that is when I decided that I was going to do what was expected of me.Parents have the right to lead their kids by example but th ey must do it the right way. On the other hand, damaging a child’s self-esteem, self confidence and making him feel unloved or wanted is considered to be child abuse. Why would a parent want to see their child suffer, especially without any cause? If a parent does not want another person or child harming their child intentionally, then why would that parent commit abuse? There are many examples of child abuse but I decided to press the issue on one example. A woman just found out that she has gotten pregnant.The pregnancy was unplanned and the baby’s father does not want to be a part of that new life, but she decides to keep the child. When the baby arrives, the woman is frustrated because she realizes she cannot take care of herself and the baby mentally, physically, emotionally or financially. The woman now decides to take her anger and frustrations out on the child and that is where the abuse comes in because she does not know what else to do. Sometimes not discipli ning a child can be considered child abuse as well.Everyone knows that a parent has to let a child be child. But when a parent lets the child get away with things a little too much, it is time to let that child know that enough is enough. Since that child feels that he has not been stopped before, he has the right to continue to do what he pleases. The parent needs to tell the child that they are the adult and he is the child will definitely set the boundaries. The parent is going to ruin that child if they let him into the world thinking that he can do what he please.That is the first step to abusing that child and others are going to do the same if do not step in to guide him. The parent has to learn to say ‘NO’ every once in a while so the child can get used to hearing that word. The parent has to know that they cannot be their child’s best friend and the child has to abide by their rules. If a parent does not start at home by forcing the rules upon the child, then they are giving the world permission to keep the abuse up. Again, the three main questions come to mind. Is there such a thing as too much discipline?How far can you go with discipline before it turns into child abuse? How do you know if you are performing child abuse? A parent might feel that no one can tell them how to raise their child. So they may feel the need to punish the child however they want. The parent says it is discipline. The outside world might say it is child abuse if they see a child is being mistreated in a way that they feel that is not right. A parent might have their own personal reasons to why they punish their child the way they do.Maybe it is discipline—then again it may be child abuse. There are people out in the world that feel that they can care for a child better than that child’s parent. Sometimes those people are eager to take that child that they feel are being abused away from that parent. I would tell those parents to choose a mo re logical way of what they do to their child and how they do it. However a parent decides to punish their child is on them. The parent just need be careful of how they do it because they might not have their child any longer–or even worse, thrown in jail!