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25 Law Articles

icon picture zip Filetype zip | Posted on 22 Jun 2022 | 2 years ago

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Wan learn
Wan learn

The following is a list of 25 txt files containing articles about Law. These articles can be used as ideas for modifying articles or reposting. Some snippets of file contents have been shown under the title. You can download all these files at once in 1 zip file for free on this page.

1. Copyright
..... Copyright is a legal fiction designed to protect the works of artists, inventors and innovators. In essence, it is a legal bar, allowing exclusivity for those who create works in the form of an intangible asset which can be sold or relinquished, and which expires upon a certain period of time. With the growth of the internet, and the creation of more and more content, the question of copyright is becoming increasingly more relevant, and one which more and more webmasters are considering to protect their own interests. Additionally, with the rise of the freelancer market, the issue of copyright is becoming a heated topic of debate for both buyers and sellers at every stage in the production chain, and the effects of not having the relevant rights could be potentially catastrophic. In this article, we'll look at what exactly copyright is, and how it relates to the internet in content creation. Copyright is an artificial concept that gives the creator of a work, or the person he sells the right to, the legal right to use or modify in whole or in part, and to call their own. It has a different meaning in most jurisdictions, however the basic principle is the same: the creator owns the original copyright to the work in question, and has the freedom to pass this on at will, usually in consideration for money. Where a creator is working on commission, copyright is designed to act as a lien in his favour, meaning that if he creates and passes on but does not receive payment, he can withhold copyright and sue for breach where applicable. Of course, he would also have remedies under the ordinary law of contract, but the grasp of copyright is a very powerful tool, which can even be used against the third party buyer from the original commissioner. .....

 

2. Effects Of Iraqi War On The Election
..... The upcoming election has many people wondering exactly how the 'War on Terror' will effect the decision for our next President. With President Bush's approval ratings taking a nose-dive in recent years it seems as if the American people are ready for a change, and want the troops that have been overseas for so long to be returned home to their families and loved ones. Many Americans are upset over the length of time the conflicts in Iraq and Afghanistan have dragged on, and with the steadily rising death toll brave soldiers and their families are paying the ultimate sacrifice for something they no longer wish to be a part of. The military is beginning to feel the effects of the war as well, with almost 4,000 soldiers deserting in 2006 alone, the highest numbers since World War 2. Many are looking to avoid the war and chaos as much as possible, which leaves the country trying to determine whether another Republican in office is going to make things better, or potentially worse for the country. As some issues in Iraq are cleaned up, more appear on an almost daily basis, causing the troops return date to be delayed even further. .....

 

3. Executive Compensation To The People
..... There is a bill in the progress before the House of Representatives that is trying to put the issue of the pay and compensation package that executives of publicly traded companies receive in front of stockholders. This bill is actually expected to pass through the house successfully; however, it is unclear how well the Senate will receive it. Is this bill the right direction for a modern America, or do we need to consider more intimately the economic implications of such a decision? The White House has already formally registered its opposition to such a plan, however the backers are unconcerned. Many feel that the compensation plans of the major officers of the publicly traded companies should be tied to the performance of the company and the officers themselves, and not to the figures that the officers wish to receive. .....

 

4. Gun Control Under Debate
..... After the recent massacre at Virginia Tech, once again the mammoth issue of gun control has been brought up at full force. Many are highly upset that even after gun control laws have been enacted that the killer in the massacre was approved for a gun and purchased it in less than 30 minutes. Many have speculated that had there been much harsher guidelines in place, that the sale would not have been completed, and it could have potentially saved all of the lives that were tragically lost in the disaster. The death toll from the massacre has risen to over 30 killed and more than 20 wounded. This is aside from the emotional damage that has been caused to the hundreds who are left grieving in the wake, and those who experienced first hand the trauma of the event. How can such events really be avoided? Is it possible to avoid such tragedy with firmer gun laws? .....

 

5. Minimising Tax Liability On Death
..... When we die, most of us leave behind a fairly substantial and intricate web of assets and liabilities, including money, our home and our other possessions. In most jurisdictions, there arises a liability to tax on death that must be borne from the totality of the estate, and this can lead to a significant reduction of inheritance for our loved ones. Having said that, there are a number of ways in which liability to tax on death can be vastly reduced whilst still ensuring sufficient legacies and provisions mortis causa. In this article, we will look at some of the most salient ways in which one can seek to minimise his estate's liability to tax on death, and ways in which careful planning can help increase the legacies we leave behind. Tax liability on death usually arises through bad inheritance planning, and a lack of legal consideration. Of course to a certain extent it is unavoidable, but with some care and consideration it is possible to reduce liability overall. There's absolutely no point in making legacies in a will which won't be fulfilled until after death and which haven't been properly considered in light of the relevant legal provisions. If you haven't done so already, it is extremely advisable to consult an attorney on minimising liability on death, and on effective estate planning to avoid these potential problems and to ensure your family are left with more in their pockets. .....

 

6. Natural Law Theory
..... In attempting to garner an understanding of the nature of law, early legal philosophers and academics formulated what has come to be known as the natural law theory, and has become a literal cornerstone of the development of modern legal thinking. Although somewhat limited in modern jurisprudential thinking, natural law has had a tremendous impact on our understanding of what law means in society as a baseline from which to build more complex theories. In this article, we will look at some of the major propositions underpinning the concept of natural law, and the corresponding strengths and weaknesses of this fundamental interpretation of the legal function. Natural law starts with the basic premise that the law is driven by morality, and consequently is affected by it. With a history extending back to Aristotle and other early philosophers, the natural law theory has traditionally linked the law with religion and an innate sense of justice, rather than the more pragmatic approaches of some other theories. Although this might sound rather basic, the principals have been developed and refined through academic debate for centuries ultimately leading to a far more sophisticated theory of the nature of law. The idea that all law is subject to an unwritten code of morality is fundamental to natural law. This also throws up some potential problems in terms of civil regulation. Certain natural law theorists suggest that for a law to be binding on the citizen, it must conform to this sense of natural justice. However, there is clearly no definitive objective concept of morality, which casts doubt over this principle. Additionally, the prospect that a law may be disregarded in favour of some higher sense of morality doesn't conform in reality, considering the potential implications of consistently disregarding law on the grounds of the subjective concept of justice. .....

 

7. Natural Law Vs Positivism
..... The philosophy of law is a complex and in depth study, which requires an intimate knowledge of the legal process in general as well as a philosophical mind. For centuries, the scope and nature of law has been debated and argued from various view points, and intense intellectual discussion has arisen from the fundamental question of 'what is law'. In response, several major schools of thought have been born, of which the natural law scholars and positivists are two of the most notable. These two camps hold strictly contrasting views over the role and function of law in certain circumstances, and have provided in themselves platforms for criticism and debated which continue to be relevant today. Although the classifications of natural law and positivism are frequently used, it is important to remember that they cover a very wide range of academic opinion. Even within each camp, there are those veering towards more liberal or more conservative understandings, and there is also naturally a grey area. Having said that, academics and philosophers can be enveloped by one of the categories on the basis of certain fundamental principles within their writings and opinions. .....

 

8. No Child Left Behind
..... What exactly does No Child Left Behind really mean? Does that mean that a school bus driver agrees not to leave my child at school, or does it have a deeper meaning for parents to look into? What it really means, is that schools are forced to link the money they receive from the federal government in direct connection to how well students perform academically. Looking at the sheer facts of life, schools must have money in order to educate students. Yet with the need for money in the schools rising steadily there needed to be a solution to ensure that students were, being taught the skills they needed in order to be successful adults who are capable of securing a job. Many students have graduated from high school in the last several years without the ability to complete many basic tasks such as reading, writing, and elementary level arithmetic. .....

 

9. Online Campaigns
..... Where in the world can a person check their mail, pay bills, check bank balances, book a vacation, and show support for their favorite political candidate all in the same place? Simple - online of course. Candidates and politicians are looking to cash in on the most impact for their time and what better way to become a part of that powerful trend than welcoming cyber space into their lives? Who knew that a craze that started a few short years ago with social websites such as MySpace.com would turn into a tool to be used so heavily in campaigns? Barack Obama has enjoyed adding 100,000 friends to his MySpace page, and other campaigns are even adding other MySpace pages as well as joining into the Second Life craze that has struck recently, with many people looking to expand the internet as one of their major sources of advertisement. Each candidate has their own website of course, with a great amount of information on their individual views, their position on the issues, and what they wish to see happen in the country. Never before has the democratic process reached so close to home, now pulling in a new generation of voters to guide the future of the country. .....

 

10. Positivist Legal Theory
..... The question of the character of law is primarily a simple one, although it presents a diversity of argumentation to make it an academic favourite and a thought-provoking topic of debate. Positivism is the term describing the school of legal thought that follows that law is an authoritative, binding, regulatory construct. It holds at its core the idea that law is enacted as an authoritative statement of how society must behave. It rejects the concept of any connection with morality, and suggests that there is no room for subjective consideration of the law - the law is, with no room for negotiation. Positivism has been criticised, particularly in Germany, as a means of affording tyranny and extremism to enter mainstream politics. It is said that the general concept of accepting and enforcing the law by virtue of its status allows unjust laws enforcing prejudice and discrimination respect by virtue of their enactment, placing an indefeasible trust in the legislature. As compared to other legal theories, positivism has gathered a great deal of respect and support across the world, making it one of the most prominent considerations of the nature of law. Positivism places strength on the rules as they are laid down, on the premise that the process of the legislature is the time for challenge and interpretation. Although this may generally be the case, it does throw up some problems in relation to the practical consequences of certain enactments, which reflect better with experience the level of effectiveness. Another feature of the positivist movement is that rather than be guided by moral considerations, the law can be used in certain circumstances to determine what is right and what is wrong, on the basis of its status as in accordance with or against the law. Again this causes problems that have formed the basis of much academic argumentation in the area. .....

 

11. Sex Offender Laws
..... With the high rise in the number of sex offenders who are also repeated offenders the federal government decided to impose laws requiring all convicted sexual offenders to register with the states in which they live. Although this measure is controversial, government officials are claiming that it is an increasingly effective method of avoiding re-offending in some of the most serious criminals. Is this an invasion of privacy that the states and politicians have imposed upon someone who has served their sentence, or is this a legitimate measure of control for some of society's most dangerous offenders? At some point in time, it became acceptable for the government to track former criminals; in requiring them to register as an offender, they are essentially tracking the criminal. They do nothing more than monitor closely their whereabouts, actions, friends, lifestyle, etc. How this came to be is quite scary, while it has occurred for a crime that fits the punishment, after all our children should be protected. It also comes with a price. Many people see this as an intense invasion of privacy and human rights, and in Europe under the banner of the European Convention on Human Rights, such procedures would almost certainly not be allowed. .....

 

12. Stem Cell Research
..... This is a very 'hot button' issue that keeps arising in the face of politicians everywhere in the country. What if anything should the government involve itself in for the issues of stem cell research? How far should the government press into the fields of medical science research? Should the government interfere at all, or stand back and come up with laws to handle the consequences of such research? It comes into question, how many ordinary Americans really know and understand what stem cell research is, how it can effect our lives, and what does it have the ability to do in the future? With topics such as abortion being very hot and causing pressures on all sides, it only seems natural that stem cell research should cause just as much controversy. Many supporters argue that the research gathered will be able to save millions of lives, while those opposing the research all argue that they are killing thousands of innocent children in the process. .....

 

13. Straight Marriages Gay Unions
..... The debate of gay marriages has been a very hot political topic for many years and with being such a hot topic it is almost astounding the number of places that have come out publicly either for or against the topic. While there are few states who allow the idea of a gay or same-sex marriage there are those more liberal affording almost equal rights. Massachusetts is the only state currently in the United States that allows same-sex marriages. The state of Rhode Island is generous enough to recognize as legal marriage any same-sex marriage that is performed in Massachusetts, which is a major victory for many same-sex supporters. The elections of recent years have seen this as a very hot topic button, and with the White House, stressing that marriage involves a man and a woman only, not same-sexes many states have been very reluctant to allow the same-sex marriages. However, a few states have come forward and allowed same-sex civil unions, which are very similar to a marriage. .....

 

14. Succession Law
..... Although we might not like to think of it, death is a certain fate for us all. When we pass away, our families will go through a stressful and traumatic time as they come to terms with their loss. At the same time, there is a requirement for the administration of our estate, and this is usually bestowed upon a close relative or friend during this already painful time. However, a lack of foresight and planning can be catastrophic, leaving behind a tangle of assets and liabilities and possibly a hefty inheritance tax bill, depending on jurisdiction. On top of that, the absence of a will can mean a distribution of assets on the basis of standard 'default' rules, rather than on the basis of your individual preferences. In this article, we will look at some common provisions in the absence of any will, and aim to justify the benefits of making a comprehensive and clear will during your lifetime. Most jurisdictions will bear some liability to tax on death. This can be a specific problem for the administrators of estates, usually close friends, who must ensure every known asset and liability is accounted for before making legacies and signing off the tax bill. A major problem comes with the personal liability attributed to the administrators, which means that should anything 'slip through the net' which is later discovered, there may be increased liability to tax. In practical terms, this could mean a surprise bill for several thousand which has already been distributed in legacies and for which the administrator must personally account. Providing for these outcomes in a will is one of the best ways of avoiding this hassle and stress, and it can also be the best way to ensure all assets and liabilities are uncovered. By drafting an effective will, you can be sure your loved ones don't face financial hardship after you're gone. .....

 

15. Supreme Court Abortion Decision
..... After much deliberation and discussion, the Supreme Court has returned a critical strike to the core of women's rights in the abortion arena. The court in a 5-4 decision banned a medical procedure known as a partial-birth abortion or Dilation and Extraction. This abortion procedure was performed after the 20th week of pregnancy. While the pro-rights crowd is naturally upset over the ban, they are horrified over the fact that there are no exceptions to the ban that would enable a doctor to save the life of a woman if it was medically necessary to perform the procedure. Doctors can face up to 2 years in prison if they are convicted of performing the procedures, which will greatly limit the numbers of doctors performing the procedures and likely increase the number of states placing bans of the entire abortion procedure as well. The decision came from a split Supreme Court, with two of the justices being hand picked by Bush himself. This is a cause of great concern, suggesting that the Supreme Court has turned into a very conservative place, despite the lack of support for Bush and many of his ideas and practices on a broader level. The Supreme Court's involvement in politics is usually noted, but given the gravity of this decision it is clear where certain allegiances lie. .....

 

16. Taxation Law For Small Businesses
..... Taxation law is a complex and in-depth area of concern for the small business owner. With potential pecuniary and criminal consequences, it is of paramount importance to ensure as a business owner, you are familiar with the tax consequences in your jurisdictions, and the ways in which you can minimise your liability. Whilst one of the most legally important things to understand as a small business owner, taxation law also provides an excellent opportunity for saving money and increasing profitability within a small business environment. In this article, we will look at some of the main and most common tax implications of running a small business, and some of the most effective ways of ensuring you pay less tax through your small business operation. Tax regimes vary from jurisdiction to jurisdiction, and the implications of running a small business also vary, both in terms of the legal and financial requirements. Having said that, there are a number of common elements that transcend jurisdiction and appear in numerous guises across various systems that can be of use to the small business owner. One of the first things to consider as a small business owner is to establish a limited liability company. The primary reason for this is that limited liability companies usually provide a more relaxed tax regime as compared to income tax liability. A sole proprietor operating out-with the parameters of a corporate entity is liable to account for profits as income, which can lead to a greater tax liability and potential individual state contributions. As a corporate entity, the owner can pay himself via share dividends, which carry a lower tax liability and thus minimising his overall liability to tax. This is significantly better than paying oneself a wage, which bears the tax liability from both ends, i.e. the company is liable to taxation as is the employee. .....

 

17. Taxation Law For The Sole Trader
..... They say the only things in life that are certain are death and taxes. For the sole trader, this is definitely the case, and at times it can seem like an overbearing pressure. Thankfully, for the sole trader there are many ways in which you can minimise liability to income tax and leave more in your bank account at the end of the month. In this article, we will look at some of the key features of tax management from the perspective of the sole trader, and some of the ways in which the sole trader can minimise the legal consequences of his operation. As a sole trader, you are usually accountable for your profits in terms of income tax. This can be particularly problematic, given that the structure of income tax in most jurisdictions is a fairly heavy burden on the citizen, particularly those with higher incomes. The first thing that should be considered is incorporation. As a corporate entity, you will be required to handle more paperwork, but ultimately it will save you money. Corporation tax on profits is lower than income tax in the majority of situations, and dividend income carries less taxable weight than other income, for example wages and salaries. The first thing to do, as a sole trader within the top income tax bracket, is to incorporate, which could potentially save thousands every year. .....

 

18. The European Convention On Human Rights
..... The European Convention on Human Rights has seen vast changes to the legal framework of countries across Europe. By imposing fundamental freedoms and liberties in an indefeasible form, it has created a host of legal problems and issues for courts to tackle in an attempt to improve human rights. Distinct from the US, which already retains fundamental freedoms through its definitive constitution, much of Europe in particular the UK doesn't have the same codified provisions for its citizens. This has now been revolutionised by the ratification of the European Convention (ECHR), which sets out certain primary standards that must be attained in relation to each individual citizen. In this article, we will look at the advantages of the ECHR, and the wide-ranging impact it has had on the various constitutions around Europe. The European Convention on Human Rights was established as an international treaty to afford a uniform standard of human rights treatment across Europe. Covering basic freedoms like the right to life through to trickier issues such as the right to liberty and the right to marry, ECHR has had an astonishing impact on Europe both legally and politically. In passing legislation, European governments have to as a matter of law legislate in accordance with the provisions contained within the ECHR. This means parliaments of signatory countries are being bound by their predecessors to legislate in a particular way, which has ruled out a number of would-be pledges and meant the reversal of certain national laws. .....

 

19. The Fairness Of Limited Liability
..... Limited liability is one of the most successful commercial creations of all time, almost singularly responsible for the growth and expansion of capitalism. Encouraging risk and promoting successful enterprise through both small and large businesses alike, limited liability has been the driving force behind economic success in the Western world and is one of the most celebrated legal creations of all time. But what is it about limited liability that makes it so successful? Indeed, is the structure of limited liability fair as regards creditors, who ultimately bear the brunt of this mechanism? Limited liability in general means a sacrifice of privacy in return for the benefit of limited personal liability. In layman's terms, this means that the company promoter is not personally liable for any of the company's debts, thus encouraging risk and promoting enterprise. For most small businesses, it is a lifeline, and without it the economy would level out and stifle with fewer new start-ups each year. At the back end, however, these businesses leave behind a trail of debts that ultimately result in financial loss for lenders and those that operate on credit terms. This raises the general question of whether limited liability as a creation is fair for the creditors it so apparently prejudices? .....

 

20. The INS
..... In the days following the 9/11 attacks there have been many changes in the organization and how the government handles the flow of people coming into the country. The INS was first started as the organization that was responsible for handing the people who were applying for citizenship and residency. INS stands for Immigration and Naturalization Service, the organization charged with respecting the safety of the USA. The INS is now responsible for many tasks that it never had before, including inspecting travelers who are entering and exiting the United States gates through more than 300 points of entry nationwide. Whether you are coming or going from the United States, you are likely to be passing through an INS worker who is responsible for helping make sure anyone who is wanted by the law is not able to gain entry to the country. Although largely a precaution, it is thought that this will be most helpful in preventing possible threats to national security. .....

 

21. The Scope And Nature Of The Criminal Law
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22. The UK Constitution
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23. Washington D.C. In The House
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24. What Does The Law Mean To You
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25. Women's Rights
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