Saturday, February 15, 2020

Policing and HRA 1998 (UK Law) Essay Example | Topics and Well Written Essays - 2750 words

Policing and HRA 1998 (UK Law) - Essay Example There are sixteen basic rights in the human rights act, all taken from the European convention of human rights. The main effects of the Human Rights Act, 1998 are thresholds.2 First, when deciding cases before them, all courts and tribunals are required to take into account the conventions, as well as the decisions made by the institutions.3 Secondly, the national courts should read, if possible, the primary and secondary legislation in a manner, which is compatible with the conventions. Thirdly, public authorities are under a duty to act in accordance with convention failure, which results into civil action being taken against them. Generally, the main purpose of this convention was to proclaim a series of universal human rights which militate against the repetition of those events which had caused such immeasurable suffering. All public officials, including the police, have an obligation to respect and act according to the convention rights.4 Acting in such a way to contravene or go against these laws is unlawful and the citizens can raise any inappropriate act before the UK court or tribunal.5 The statements in this convention have to be contained within its articles which are augmented in its protocols which have been added since its formulation. In this paper, we shall look at how the various articles in the human right act have affected the police practice in crime investigation. A person has a right to have their life protected by the law.6 No one shall be deprived of his life. The act outlaws the death sentence in the United Kingdom. There are only limited circumstances where one can take away another’s life, like for self-defense. The police are therefore, expected to be very careful when carrying out an investigation because any act that may result to the death of the criminal is not justifiable under the law. A police is not supposed to end a person’s life by use of excess force even if he is defending the person from unlawful act,

Sunday, February 2, 2020

Chp 26 dis Essay Example | Topics and Well Written Essays - 250 words

Chp 26 dis - Essay Example This is because the lawnmower by Sears was a non-inventory collateral because the debtor (Cosmo Fiscante) retained the good. This therefore automatically perfects the PMSI of Sears and hence the Sears have the legal obligation to regain the lawnmower and take it back and not the other creditors who claim it. A Purchase Money Security Interest (PMSI) is a type of legal guarantee for a seller against other creditors in case the debtor becomes bankrupt or is unable to meet his or her obligation. The PMSI is only considered valid if it is perfected by the seller. Perfecting of the PMSI depends on whether the good sold is an inventory or non-inventory collateral. Inventory collateral has to be followed by a notification to the debtor in order for the PMSI to be considered perfected. In the case of non-inventory collateral, no notification is required and once the good is given to the debtor, then the PMSI is considered to be perfected (Miller and Jentz,