Judicial Precedent Essay

The material facts of the case: The Metropolitan Police received a request from the German authorities for the issuance of a warrant for Mr.Rottman’s extradition, a German business man, who was alleged of committing an offence of conspiracy to defraud in his indigenous country. Bow street magistrates’ court issued a provisional arrest warrant under s8(1)(b) of the Extradition Act 1989. Mr. Rottman was arrested in the driveway of the house, a few yard from the front door. Soon after his arrest, two German polices obtained the permission from the senior police officer present to search the house and seized a number of articles which they took to the New Scotland Yard. Mr. Rottman then bought judicial review proceedings against the legality of the decision to enter his home and to search for and seize items. Divisional court found in favour of Mr. Rottman, held that the entry  and search the house carried out by the German polices had been unlawful and his rights under Art 8 of the European Convention on Human Right(ECHR) had been violated. The divisional court rejected the decision in R v Governor of pentonville Prison ex p Osman [1990]that the power of search and seizure after a lawful arrest applied to extradition cases as to a domestic crime. The old common law pursuant to search and seizure had been abolished by PACE when it is given to affect. There is no power either statutory or common law to carry out a search of premises following the arrest made pursuant to the provisional warrant executed under s8(1) under the extradition act. Ratio of the case: A statute does not extinguish a common law rule unless the statute makes this clear by express provision or by clear implication. The common law power would have been supplemented by but not replaced by the statutory powers in PACE. Nor was it in breach of article 8 of the ECHR as long as the search and seizure was proportionate to the legitimate purpose of preventing crime. The House of Lord challenged the issue on general public authority which was certified by Divisional Court that – â€Å"At common law, does a police officer executing a warrant of arrest issued a pursuant to section 8 of the Extradition Act 1989 have power to search for and seize any goods or documents which he reasonably believes to be material evidence in relation to the extradition crime in respect of which the warrant was issued?† Two argument were raised per curiam: 1) whether before the enactment of PACE police officer would have had a common law power to search the suspect’s premises when arresting him for an extradition crime under warrant; and 2) whether any such common law power of search had been extinguished by PACE thereafter. It was a well established common law principle that police officer carrying out arrest in or on a person’s premises could search and seize any articles which he reasonably believed to be material evidence against him for a purpose of preserving that evidence until trial. It was further agreed that the powers to search and seize also extended to article presented in the  room where the suspect was arrested. The lords upheld Lord Denning’s judgment in Ghani v Jones that the common law power extended to entire premises upon which the alleged was arrested. In support with a wider search power,Lloyd LJ gave the judgment in R v Governor of Pentonville Prison, ex p Osman[1990], considered that the power of search and seizure after a lawful arrest applied to extradition cases as well as to a domestic offence. Summary of Lord Hutton’s reasoning: Lord Hutton gave the leading judgment. He rejected the argument advanced by Rottman that the power had been too widely stated by Lord Denning. He subsequently rejected the submission the existence of statutory power in s7 of 1990 Act implied that there was no common law power in extradition cases. He upheld that the common law power of search and seizure was not extinguished by PACE, supplemented that â€Å"it is well-established principle that a rule of the common law is not extinguished by a statute makes this clear by express provision or by clear implication.† A power to seize material evidence is necessary when a suspect was arrested, it was not apply for a search warrant. In terms of the alignment of Article of the ECHR, Lord Hutton’s opinion was that the common law power of search and seizure did not violate the appellant’s right under Article 8 of the European Convention on Human Rights. It was in accordance with the law which was clearly stated in Osman that the power had the legitimate aim in a democratic society of preventing crime and was necessary to prevent the disappearance of material evidence after the arrest of suspect. The power was proportionate to that aim because it was subject to the safeguard that it could only be exercised after a warrant of arrest had been issued by a magistrate. Summary of Lord Rodger’s reasoning: He was supportive of Lord Hutton’s opinion that PACE does not extinguish the common law power of search of police officers executing an arrest warrant. Parliament left them deliberately with those common law powers and left arrested persons with the corresponding law safeguards. When the police officers in the case arrested the respondent, they were entitled to exercise  those common law powers and equally, the respondent enjoyed the safeguards afforded by the common law. The research of his house was accordingly lawful. Summary of Lord Nicholls and Lord Hoffman’s reasoning: They both gave little reasoning to the ruling. They largely agreed with the judgment from Lord Hutton that a where a police officer entered a house with or without an arrest warrant and arrested a suspect he enjoyed a common law power to search the house and seize any goods that he reasonably believed to be a material evidence. Summary of Lord Hope’s reasoning: He dissented the majority of ruling by Lord Hutton and others that the powers which are available to police officer at common law where he is in possession of an arrest warrant. He claimed that the statutory powers under PACE were not available that in the absence of the common law power, it is unlawful that the entry and search of the house violate the respondent’s right under the Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. He also disagreed that the extradition cases could be equated with domestic ones. He expressed that any power which the police might have did not apply to arrests on a provisional warrant for an extradition offence. Extradition required an order of the Home Secretary issued in response to a request by the foreign state. And there was no common law paper of arrest for the purposes of extradition. Also the Extradition Act granted powers of search and seizure in very limited cases. He claimed that the extradition always requires a request that there is no common law power entitling an officer, for the purposes of extradition, to make an arrest without a warrant. By the majority of 4:1, excepts Lord Hope dissenting, the appeal was allowed. The House held that the commissioner of police who had arrested a person in or on his premises, executing a warrant of arrest issued pursuant to s8 of the Extradition Act 1989 had the common law power to search for and seize  any articles which he reasonably believes to be material evidence in relation to the extradition crime. On the whole, this is a strong case as the majority of the judges held the appeal that the power of search to the police is more stringent in extradition cases than domestic cases. This in turn make a clear pictures to the commissioner of police in the region that they knows how and when to apply the rule without any violation to the ECHR.

Most effective way to identify risks Essay

Questions 1. What is the most effective way to identify risks like those you noted in the tables? Through the use of Scenario-based risk analysis utilizing different risk factors that could arise 2. What are some important factors when weighing the depth of a formal risk analysis? How would you balance the interruption needed for depth and the need to continue ongoing organizational activity? An in-depth formal risk evaluation should be conducted which lines up with the goals and objectives of the company. There should be a clear outline of the protocols and procedures that will be utilized to attain these goals. 3. What should an organization’s risk management specialist do with the information once a potential risk has been identified? What information would be needed for senior management to know the danger of each risk and the proper way to handle the risk? Risk management specialist’s research and recommend tactics to minimize asset liability, including investigating potential asset loss incidents and enacting policies that comply with safety regulations and industry guidelines. They plan and implement programs for risk management and loss prevention. Risk management specialists generally manage other risk analysts and report to upper management in their organization. 4. How would this specialist properly prioritize these risks to make sure the most important ones were mitigated first? The mitigation of risk should be prioritize based upon their potential effects it could cause the organization. As such, all the avenues for risk should be looked into; this includes the company’s financial impact, operational consequences and legal ramifications. 5. Who is responsible for ensuring that an identified risk is addressed by the organization? What role does the analyst play? What role does senior management play? What roles do the analyst and senior management each play in addressing organizational risks? The system analyst or manager is responsible for identifying risks and making sure that they are minimized. The senior administration provides fiscal and administrative resources and helps to formalize policies to reduce risk. The senior administration and specialists collectively develop minimization methods and plans.

Influence of Culture on Values and Expectations in Ones Life Essay

Influence of Culture on Values and Expectations in Ones Life - Essay Example Our expectations from life generally revolve around our careers and our relationships. Career choice has been rapidly influenced by the corporate culture that inadvertently inspires each graduate of a business school. Likewise, Boston Legal, a popular TV series related to legal practice has set the expectations of law students to a different level. Â  The media may generally depict people in stereotypical ways such that consumers are encouraged to adopt expectations about the roles that those people occupy. Following the example of female attorneys, if the media depicted few females in the role of attorney, then consumers of the media might come to think of males as much more likely to be attorneys. (Sparks, 200) Â  The field of journalism as portrayed by the various news channels is now associated with thrill and adventure that drives many students to choose it as their career. Similarly, more and more young people are lured towards entertainment industry in a dream to become a superstar. Â  Fresh graduates wish to climb the ladder of success quickly in an effort to reach the executive level positions in any organization. Thus a major shift in their priorities has occurred and their goal is no more to achieve professional excellence. The expectations of people from their careers are not limited to high salaries alone but have extended beyond to meet other expectations in life; the images of business tycoons flying across the world in their private jets; or owning private mansions in Europe; etc. have become a common dream for many people.

Fundamentals of Information and Information Systems Essay

Fundamentals of Information and Information Systems - Essay Example This report pertains to the current position of Hewlett Packard (HP) Information Systems, its current business problems and the way ahead for this business organization. My first impression at the outset of the ESS Information System (E-Services Solution)group is to point out that this venture may be successful at the outset given the period 1999 until 2000 but it has all the ingredients of becoming a victim of its own success and potentially damaging the work culture of HP with the so called aim of "infecting" the entire spirit.(see Case Study 2000).I would reach such a bleak conclusion for many reasons which I will discuss below but the pith and substance of my analysis as a management consultant is that "small is beautiful" but once it gets large it becomes ugly. And this is true for HP's future if the ESS information system which is under discussion here is allowed to grown into its organizational management and Information System culture. ... And this is true for HP's future if the ESS information system which is under discussion here is allowed to grown into its organizational management and Information System culture. It can be seen that in 1999 alone through the efforts of the ESS Information System,HP has achieved the status as a leading manufacturer of computer products, including printers, servers, workstations, and personal computers and is generating a revenue of $42.4 billion and net income of $3.1 billion.It has over 80,000 employees worldwide and a strong local presence in Silicon Valley and the Bay Area. The problems of HP and the role of ESS.The case study has given us a bird's eyes view of the historical problems with the management strategy of HP as follows. 1. In 1939 Bill Hewlett and Dave Packard, found HP and were an instant success with their venture and wanted to pursue their own unique way of doing business: "The HP Way." The evolution of the HP Way began early. Even though their decentralized management information system style was a success in the earlier dealing and by 1957 Hewlett and Packard had their own corporate objectives, underling the "The HP Way" through management strategies like Management By Wandering Around, Management By Objectives, and the Open Door Policy inspired later additions, including Open Communication and Total Quality Control .These practices cannot be seen anywhere today and later on the conservative attitude of the HP information system management with in a decentralized company was more product oriented than customer oriented.(refer to Case Study 2000) 2. At this point HP's corporate software and support division and corporate systems

The promotional strategy of British Airways Coursework

The promotional strategy of British Airways - Coursework Example This research will begin with the statement that the airline sector is a large form of mass travel in the global transportation network. The sector in general involves the organisation of people, airlines, equipment and buildings for transporting mail, freight and passengers to various parts of the world. International air travel is so extensive that it is possible to reach almost any major city in less than a day. Different airline companies deal with different types of cargo, for example companies like British Airways specialise in the transportation of people. This has been by far the largest source of revenue for airlines since the second half of the twentieth century. The different airline companies battle against each other by offering attractive fares and specialised discounts. The passenger services usually offer two areas of travel, first class or coach, first class being more favourable due to comfortable seating arrangements, more elaborate meals and usually more flight pe rsonnel on hand. The coach service is cheaper with a slightly more crowded atmosphere. Other services include the transportation of mail, and freight services. This method of transporting goods is quicker than the old methods of using trains or boats. The current structure of the airline sector is fairly composite. There are many markets, all of which host two main dimensions, product and geographic. The product of which being the passenger, and the geographic being the destination. At all levels, it shows characteristics of oligopoly and competition; however, there is very little evidence to show that the airline industry is a natural monopoly, where one firm stands out from the rest. The characteristics of the industry show that there are few firms, a substantial market share and high barriers of entry, all of which indicate the sector as an oligopoly market structure. So much so that the leading four firms, United Air Lines, American Airlines, Delta and Northwest, make up 64% of the market share. As these companies make up such a high percentage, it makes the industry highly concentrated, meaning that merges are becoming more and more common. This means that the market concentration will increase in the future (Blythe 2005 p 15). Literature review British Airways: Company Profile: British Airways is the biggest world wide passenger airline. The main activities of British Airways and its subsidiary undertakings are the operation of international as well as domestic planned and charter air services for the safe and comfortable transportation of passengers, freight and mail as well as the prerequisite of additional services. The Airline had a total of 373 aircraft in operation as of September 30, 2001 (Proctor 2000 p 56). A total number of employees about 50,000 and a route network comprised of 150 destinations in 72 countries. Its fleet is composed of more than 350 aircrafts. BA is the airline company with the most flights from Europe to North America in the world (Peter 2006 p 90). BA was formed in 1973, as the outcome of the merger between State-owned

Case Study( Paramedics assessment) Essay Example | Topics and Well Written Essays - 2500 words

Case Study( Paramedics assessment) - Essay Example However, it should be realized that this is not the sole cause of chest pain, and that it may be due to â€Å"classical angina† (Devonshire Lodge Practice, 2011) whose symptoms generally appear during, or immediately after exercise and subside after resting. However, it must also be said that where someone complains of â€Å"discomfort across the center of the chest coming on during exercise that stops on rest and then GTN [glycerine trinitride] tablets relieve the pain within 5 minutes he/she is going to have ischemic heart disease almost without doubt† (Devonshire Lodge Practice, 2011). ... It is hoped that the task will be made easier by paramedic assessment, which should be thorough enough to eliminate many uncertainiies. That is why a systematic stepwise series of protocols such as those advocated by Domanovits et al. (2002) and Anderson (2002) is essential. 2. Case History of paramedic’s assessment of ischemic chest pain Complete History & Assessment of Patient Presenting Complaint Chest Pain Allergies None Communicable Diseases None PHx- Past History O/A – On Arrival O/E – On Examination Med’n- Medication Patient’s Name: William Templeton: Age 57 Address: 12 Andover Terrace, STAINES Bucks. SL4 3TR O/A - Emergency services called by patient’s family at 0956 hrs, arrived at patient’s home 1015 hrs..William, a white male, complained of severe chest pain, breathlessness, nausea and dizziness. He also appeared pale and slightly sweaty. PHx – Patient was normally in good health, a non-smoker, moderate drinker and at e healthy meals at home. He also took regular exercise. His grandfather had been gassed in WWI and his grandmother had suffered intermittent asthma attacks in her later years. As to childhood illnesses, William reported German measles, two bouts of chicken pox, and tuberculosis at the age of 6, which had affected stomach and neck glands and also the lungs. Chicken pox and TB raised alarm signals since the former could have returned as shingles (pain comes some time before the rash, and lung damage may have contributed to ischemic heart disease. O/E – The assessment procedures followed the guidelines established by the York Region Base Hospital Program (Anderson, 2002). For clarity and consistency during patient questioning the following mnemonic

Was the conflict that took place in Finland during 1918 a war of Essay

Was the conflict that took place in Finland during 1918 a war of independence or a civil war - Essay Example The movement has become known to be a civil disobedience movement launched by the citizens of Finland but on the other hand some people deny calling it a civil disobedience movement but rather call it a war of independence fought by the citizens of Finland. Different events led to the war fought between the citizens of Finland and these shall be analyzed in this essay. The citizens of Finland were divided into the Democrats (Reds) and Conservatives (Whites) and they both fought with each other to retain power of the state. All this happened in the year 1918 when Russia itself became affected by the World War One. World War I is known to play a significant role in the independence of Finland. In my view 1918 was a year in which civil disobedience movement was launched by the two factions which ultimately led to the independence of the state. In other words the movement started as a civil disobedience movement but turned out to be a war of independence because of the events that took p lace in the World War I (Arter 1999; Jussila et al 1999; Alapuro 1998; Jutikkala et al 2003). Start of the Conflict The Civil war in Grand Duchy started in the 1918 but it could always be expected after the growing tensions between Russia and Germany in 1914. Finland had been a source of raw material, weapons and army and it was the interest of both the states from the very beginning. The German empire always had a keen interest in the state of Finland as it provided a path for entering Russia. In the nineteenth century the relations between the Finnish and Russians were quite peaceful because of which there were no conflicts in between them. However after 1899, Russia began the process of Russification in which they integrated the Russian language in all the schools of Finland and tried to enhance their military power on the Grand Duchy. This was considered as the beginning of the oppression in Finland. The relationships between Russia and Finland were thereafter not peaceful as th ey used to be. The problems were further aggravated when the Tsar of Finland Nicholas II carried out the activities of Russification in throughout the beginning of the 20th century. His policies were not famous amongst the working class people of Finland and many workers were opposing his activities. Nicholas II made the parliament a mere advisor and snatched away all the powers from the Parliament. Hence it was Nicholas II who was to decide everything on the issues of Finland. This led to the famous revolutions known as February Revolution and the October Revolution (Alapuro 1988; Jussila et al 1999). February Revolution The Russification of Finland did not stop but rather a second wave of Russification started in 1908 and it did not stop until the Finns took an action. The Russian Tsars Nicholas II was removed from the parliament in 1917 to provide all the rights to the parliament which they deserved. The February Revolution took place because of the downfall of the Russian empire in 1917 following the World War I. The power of Tsar were transferred to the Russian Duma and provisional government following the revolution. The status of Finland was revived as an autonomous state as it used to be without any interference of the Russian Empire in its policies (Smith 1955; Jussila et al 1999). After revolts in Russia the power was transferred to the four main parties in Finland which were Finnish Party, Young Finnish Party, Agarian League and Swedish People’