Wednesday, April 4, 2007

Summary of Employemt Law

Before the 19th century there was no big necessity to create Employment law because most of people worked in some craft related with land and agriculture. However, the 19th century was the century of Employment law birth.

Employment law considers about relations with employees and employers. But the biggest part of this law considers about employees rights. For example, employees have right not to be dismissed without some reason. What is more, men and women have the same right to work in the same job with same conditions and the same salary and they have right to receive a written summary of their conditions of work from their employers. Moreover, women have right to be returned to their work after they have a baby. Another one very important right is the right to strike. Not only these but many other rights protect people from any harm in their job.

Summing it up, most of countries in the world are concerned to protect their citizens and they have passed much legislation to do that.

Tuesday, April 3, 2007

Frauds

Fraud is commonly understood as dishonesty calculated for advantage. A person who is dishonest may be called a fraud. In the U.S. legal system, fraud is a specific offence with certain features. In criminal law, fraud is the crime or offense of deliberately deceiving another in order to damage them – usually, to obtain property or services unjustly.
Firstly, I would like to write about Charity fraud. It is the act of using deception to get money from people who are making donations to charities. Also, there are credit card frauds. This is a kind of fraud where a merchant (business, service provider, seller ) is "tricked" into releasing merchandise or rendering services, believing that a credit card account will provide payment for goods or services. The merchant later learns that they will not be paid, or the payment they received will be reclaimed by the card's issuing bank. Another one kind of frauds is bank frauds. That is a federal crime in many countries, defined as planning to obtain property or money from any federally insured financial institution. It is sometimes considered a white-collar crime.
By taking some precautions and following some sensible advice you can help protect yourself from fraud. Have a look at the fraud prevention advices which are provided: fraud mini-site - part of the Crime Reduction website, provides information on fraud for police, crime reduction practitioners, businesses and consumers. What is more, e-tailing mini-site- also part of the Crime Reduction website, provides information to help both consumers and businesses protect themselves when buying and selling over the internet. Finally, keep your Cards Safe leaflet - read the leaflet we have produced in conjunction with the credit card industry.

Summing it up, there are many frauds among us and we should protect ourselves.

Summary of Criminal Law

Crime. What it is? Crimes we can describe as acts which by the law are wrong and can be punished by the state. One act can be crime in one country but not in another. On the other hand, every intellectual person should know what is illegal and what he can not do. It depends from country how you will be punished for each crime.

In all civilized countries a person can not be named offender if his guilty is not proved. The state should prove person’s guilty by high standards and each crime has precise elements which must be proven. What is more, there are two important elements to a crime: Actus Reus and Mens Rea. First means the criminal act itself and other the criminal state of minds of person who committed a crime. However, sometimes there is different definition of mens rea in different cases. For example, in cases of murder a person can be find guilty without intention do that but sometimes it is enough to be negligent or careless and you will be guilty. The rest of the murder definition refers to the actus reus. For example, a person will be not guilty if he killed somebody when he was a soldier in a time of war. Eventually, the state should find out a substantial cause of result of crime and only then pronounce a sentence.

Another one very important thing is a defense. Sometimes a person can be found not guilty if he has a defense – a reason why his act should be excused. There are some kinds of defense. For example, the defense of duress – when person was forced to commit a crime because of threats that he or his family members will be harmed. Another defense is that of insanity – person is not responsible for his actions because of mental illness. Sometimes person can be not guilty for his actions because of his intoxication or self-defense. But there are very high standards to prove that. However, a defense is not the same as mitigation.

Summing it up, a number of crimes is increasing very rapidly in many countries, so we should do all we can do the best to stop that.