Assignment Essay Example | Topics and Well Written Essays - 500 words - 78

Assignment - Essay Example Under the Article 112, the military personnel the use, possession, manufacturing and distribution of illegal and controlled drugs or substances is prohibited. Marijuana has been classified as one of the drugs, which no servicemen are supposed to use or be in possession within the barracks (Shanor & Hogue, 2013). In the case of PTV Smokey, it was clear that he had contravened the provisions of article 122. He was not only caught using marijuana, but he was also in possession of it. For this reason, he is liable for prosecution in the martial courts. His case is admissible, in the sense that the act itself has grounds in the military laws. However, the manner in which the evidence was gathered may lead to termination of the case, as explained below: Like the civilians, the military are protected by the Fourth Amendment constitutional provisions (Shanor & Hogue, 2013). Under this, ‘unreasonable searches or seizures’ are not allowed. Any evidence gathered through this illegal means is inadmissible in the court martial. Critically analyzing the case of STV Smokey, it is clear that the Platoon Sergeant did not have a search warrant that would have facilitated his search and seizure of marijuana. The whole process was flawed, including the way he forced himself in the premises of the suspect. Under the MRE 314 and 315, it is made clear that the Bill of Rights also applies fully to all the military officers (Laurence, 2010). This means that they enjoy the rights to privacy just like the civilians. STV Smokey was right when he informed Platoon Sergeant that he had violated his rights to privacy by forcing himself in the house. This was irrespective of whether there was need to check the possession of the drugs. Prior to obtaining a search warrant, the investigating officer must prove that there is indeed a probable cause. This refers to the grounds upon which the search has to be conducted. The case provided, there was enough ground for

Analysis of International Business Law Research Paper

Analysis of International Business Law - Research Paper Example Keep in the brain as the situations might alternatively be dissimilar depending on the corporation and the conditions. Join us in our voyage of detection and learn by means of us! Group Law Organization Law container is defined as ordinary law or container law based on accumulated judgment from courtyard cases. Moreover, as there are accountabilities for an agent to main, there are moreover accountabilities for the principal to the manager. In agency law, there are more than a few duties that a manager owes the main. The liabilities of that chief to the agent are; the responsibility of recompense, the duty to repay and cover, and the responsibility of custody financial records (Barnes, 2003, pg. 325). No doubt, the so-called dialogue between civil law and common law was the essential feature of post-World War II proportional law. It was such a novel approach that each of the two participants to the conversation stressed the unifying rudiments inside its own group and the dissimilarity by means of the additional group. Civil law scholars and common law scholars come out as two monoliths (Moens, G & Gillies, P 1997). Various Industry Entities and E-Business Once the kind of industry has been recognized, the proprietor will decide how the commerce will be prearranged, and beneath what kind of arrangement. The kind of structure determined allows the proprietor(s) to decide the penalty that might be faced. For instance, there are just concerning four arrangements to decide from, advantage an extra two that will be considered, and are scheduled underneath: Sole Proprietorship Company Corporation Limited Liability Company (LLC) Franchise E-Commerce. This segment of the document will explain these types of commercial arrangements and the probable legal matters/consequences that the commerce may countenance (Willes, JH & Willes JA 2005). Distinguish Between Civil Law And Common Law Common Law (Judge-made Law) This pecking order does not subsist only in statute laws (Acts of Parliament) but also in common law. The Australian legal system is secret as a common law system. Gibson (2005, p. 7) states that common law is where the judges create a choice on disputes brought before them in the courts. The judges' role is to make decisions to decide disputes. Legal rules are formed from this choice. Common law is unrecorded laws made by judges. The legal reasoning upon which the choice in the case was based is recognized as the Ratio Decidendi. Similar legal reasoning may be used by judges in prospect cases when faced by means of similar facts. It is only the relation decides that can make a compulsory instance. It turns out to be the law. Anything else said concerning the case in the course of a ruling that does not form part of the matters at the subject is called obiter saying. The High Court holds the uppermost position in the courts' system in Australia. as a result, all decisions made in the High Court are compulsory on courts lower than it (Mo, J 2003). Â