Law Essays

Generally, early in 2017, the parliament passed the Corporations Amendment Act 2017, which was followed by numerous related regulations. The Act got rid of the exemption from the prohibition on commissions’ conflicted remuneration, which is paid with regard to certain products such as life insurance.

Sexual Offences Act 2003 has tried to redefine the role of consent in cases of sexual violation and abolished the Morgan defence, making the excuses of consent as a means to escape liability. The Act has also widened the idea of rape to include oral penetration, dismissing the arguments that restricted the definition of rape to vaginal penetration.  

This paper illustrates that although judges had always played a small role in the formation of new laws as their judgments either helped to bring about a sharper definition or to acknowledge a unique set of circumstances, the charter increased the overall awareness of human rights in the equation of determining law and punishment

The American government goes far beyond what is necessary for their desire to protect America. The Patriot Act and more importantly, the Real ID Act are both situations where the government has decided to forgo the liberties it accorded to its people in order to gain increased security for itself.

Whilst the sex discrimination legislation protects discrimination on grounds of sex, the SDA provisions had come under criticism for failures to address discrimination of individuals on grounds of sexual orientation, which has been undermined by the lacuna in the law. This has now been alleviated by the Employment Equality.

Keeping in mind the above prohibition, when we look at the given scenario, where Mr B was denied a promotion only due to his old age, his status as an employee was adversely affected. He was limited to his current position despite hardworking. Moreover, he was kept aside, in order words, segregated from the promotion.

Bebcheck argues that the present system should be reformed and shareholders should be allowed the power to vote directors out. He offers the following evidence to support his contention that making boards more accountable by improving the election procedures could contribute towards an increase in shareholder value. Proxy contests generally appear to be followed up with an increase in shareholder value. 

About the rights of mortgagees, the LRA 2002 splits third-party rights into those that require registration and those that are overriding. As a general principle, the prior estate will have priority subject to LRA exceptions.  Under the LRA, mortgages are required to be registered as minor interests and in the current scenario, Drogheda has registered the charge.  

It deals with shipping docking or attaining a person as a commodity. Coerce and force are used on that individual and the person is excessively exploited. “United Nations Convention against Transnational Organized Crime describes human trafficking as the recruitment, transportation, transfer, harboring or receipt of persons, using the threat or use of force or other forms of coercion, of abduction, of fraud, of deception”.

The death toll included 18 women, one man, and two dogs that were “hanged for giving young girls the ‘evil eye.’” (Schensu, 1992). Whether they were somehow ill, or the group of friends had decided to play a prank is not confirmable but their convulsive, seemingly synchronized actions sent a wave of panic through the overtly religious citizens of Salem who thought their town was being influenced by evil supernatural forces.

Bernard Lawrence Madoff, the founder of Bernard L. Madoff Investment LLC in the year 1960 and the chairman till 11th December 2008, had also been the chairman of the NASDAQ stock exchange. The wealth management company of Madoff, himself being one of the leading professionals of the industry, was found to be a scam that is often referred to as the largest fraud in investments in the entire history of Wall Street.

First of all, the Chief of Police must consider the officer’s service for the last 15 years. Only prior evidence against him was reported before 10 years. For instance, disciplinary action was taken against this officer on behalf of his involvement in a fault traffic accident. But this incident occurred before 10 years.

Therefore a legal contract is in place, which is also legally enforceable. The question to be considered is whether Part II, Section 7 of the Sale of Goods Act of 1979 can be successfully applied in this case as well. The fire has broken out without it being the fault of either Luke or John or James. Therefore the contract between them can be avoided.

This research will begin with the statement that the legal process by which an individual becomes a British citizen is characterized by a strict testing of allegiance that is somehow unique to the country. Such formal process covering British nationality and immigration laws have emerged back in 1870 after the United States declared its independence from Britain.

The author states that the vegetables in the salad must be organic and tossed three (3) minutes before serving time. The eggs must be brown; the client can tell the difference between brown eggs and white eggs even without the shells. The sweet potatoes must be the orange or violet varieties but they must not be mixed together in one serving.

Administrative law varies by whether the country is a common law country or a civil law country. In this regard, most countries subscribed to common law principles have established elaborate procedures by which judicial review on decisions made by the administrative law bodies is limited.

Attaching considerable importance to the voice of the child is highly important during mediation processes and leads to reduced conduct problems among children. This also facilitates both the parents and the jury to acknowledge in a better way the child’s experiences, concerns, and desires and how to design parental responsibilities in accordance with those experiences later.

Although human rights are not considered a universal concept, Sundaramoorthy (2016) posits that their formation as a type of Western cultural imperialism symbolizes inaccurate and unfounded civilization reading. Although its principles are inapplicable in all state behaviors and priorities and are not exclusively limited to Western society.  

There has been a heated debate concerning consumer protection legislation in Australia. The bone of contention is rooted in the relationship between the legislation and the contract law. To some individuals, the consumer protection legislation is of little use; rather it is mere replication of laws- precisely the contract law.

An executory contract raises the question, how does a promise made by A support a reciprocal promise by B, where A has done nothing at the time beyond furnishing a promise in return for B's promise?  Do such reciprocal promises constitute sufficient consideration?  Should such reciprocal promises be considered good consideration in the modern commercial context?

This essay is on the regulation of insurance contracts in Australia. The plan of the essay is to first give an introduction to contract law in Australia in general and life insurance contract regulation in Australia in particular and then go into the details of life insurance policies and policy regimes and developments in the regulation of life insurance contracts. 

Article 3 of the Constitution of the United States provides for the appointment of the judiciary and the removal of federal judges by way of impeachment. They can remain in their positions during the currency of their good behavior. Good behavior means that a federal judge may serve for the rest of his/her life or they may resign or retire from office.

Copyright is a type of intellectual property protection that is meant for people who endeavor to produce artistic and literary works. According to Australian law, every individual has a right to provide protection to moral and economic interests that arise from their creative works. Copyright law does not protect ideas; rather it protects their expression.

Recent developments in this regard and the attention given to it by researchers have made it attain political recognition as being the most pervasive form of violence prevalent in society. Each year, scores of women suffer on account of family issues and preschool children too, become silent victims of physical, psychological and sexual abuse.

From our first assignment, we know that Bob was a worker at a school where he worked ender cleaning and maintenance. He had managed to win the confidence of his employer and he could play his card well that he was able to sneak out to the nearby neighbors when he was very sure that everybody had noticed his presence at work.

The incidents of recent times, specifically with the Greek crisis suggest that the period of financial and economic instability which started nearly three years ago is not over yet. The first chapter of the instability, beginning in 2007 occurred mostly in the financial marketplaces, ranging from the stock markets to money markets (Tara Siegel 2009, A1).

This study is an assessment of curfews and the correlation they have in reducing juvenile crime. It will prove how efficient curfew is in affecting juveniles and actually deterring them from doing crimes. The research will aim at answering the question, is curfew an effective eliminator of juvenile crimes? Does it serve as a deterrent factor for juveniles?

Some of the programs adopted help people to save for retirement purposes, pay for school, and buy houses. Others help companies to invest in modern activities such as building nuclear power plants, developing nuclear power plants, or even subsidizing corporations, which drill oil or purchase real estate among other notable purposes.

The aim of the law is to permit contractual transactions within transactions carried out within Australia. The Electronic Transactions Acts of the Commonwealth and States endows electronic signatures with the force of law although Australian law has not yet stipulated any standards regarding legal liability concerning digital signatures.

The Australian employment law was set up in 1904 with the Conciliation and arbitration act. These laws were effective during the industrial period nevertheless by the beginning of the 20th century the system faced new social, political as well as cultural pressures that it was finding hard to accommodate.

The standards of medical health and treatment in detention camps are not consistent in ensuring total control of diseases. It varies with time and in some cases it may be worse, which raises questions about the ability of the centers to contain diseases. It is important to mention the fact that an effort is made to ensure health standards.

The motto of the U.S. Customs and Border Protection's Intelligence Operations division is "Eyes On Until Hands On." With 6,000 kilometers of the border to cover, the United States and Canada would do well to expand their electronic capability to get more 'eyes' on smugglers crossing the border, enabling more arrests and seizures of narcotics, aliens, etc.

The doctrine of undue influence is important in protecting the rights of the minority in special relationships. The weakness of this doctrine is that it presumes that it is the superior person who always influences the inferior. A contract can be valid with all the essential elements of a valid contract being satisfied.

The foundation of the American criminal justice system is located within the U.S. Constitution, specifically in the Bill of Rights, the first 10 Amendments to the Constitution which guarantees every U.S. citizen certain fundamental liberties and rights. With regard to criminal procedures, the foremost of these rights is the assumption of innocence.

Law protects and gives shape to society in many different ways and it serves as a mediator of relations between different people. There are different categories of law. The law which regulates almost everything from trading on derivatives to buying a train ticket is called contract law.

In the present case study, all the family members i.e. Vaclav, Anna, Kristina, and Pavel were clearly discriminated against in employment, education, and free movement in the name of nationality which is highly objectionable. It is certainly against the international conventions of the United Nations and the right to freedom of movement of persons.

Legacy systems would primary be present in two forms, i.e. either the legacy systems would be designed magnificently with extremely professional approach, considering not just the fulfillment of the user requirements but also leaving gaps to enhance the software beyond in the future, alongside the various flexibility factors presented within this workflow.

Piracy, counterfeiting, and intellectual property crime pose significant threats to businesses as well as consumers. The trend has been persistent in the last years in Europe and the entire global world trade. In the last few years, the political structure of Europe has undergone changes and there has been an increase in the globalization of world trade.

 The conduct of the health insurance policy fraud in the Rainmaker was deliberate. In the novel written by John Grisham with a movie adaptation, the insurance company named “Great Benefit” issued an illegal instruction to its employees to include in its operation manual the initial denial of all claims that will be made by policyholders. 

People approached the police with some concerns in the past because of the fear of misuse of police power. In other words, police failed to get cooperation from the public and they failed to establish law and order in many cases. Police interrogations were not so friendly and people tried to avoid it as much as possible. 

The recession that has hit much of Europe and America and the widely-reported corporate scandals have highlighted the need to make corporate governance at the top of a company’s order of priorities and the overriding principle guiding its directors. The escalating protests in Wall Street in the United States demonstrate growing public outrage against corporate greed and white-collared crimes.

For humans to live abundantly as human beings, they require a legal system referred to as human rights. These are collectivizing comprehensive statements that include all human rights in terms of culture, economic, social and economical. These are also referred to as independent bodies of human rights as illustrated in the Universal Declaration of Human Rights in 1948.

The law relating to non-fatal offenses against the person has consistently been criticized by judges, lawyers and legal scholars as confusing, archaic and in need of reforms. Offenses Against the Person Act (OAPA 1861), has been criticized by practitioners since it contains an inconsistent and illogical set of rules that clog the court system.

The lab technicians must have the right and relevant education and experience to perform their duties. If there are no questions regarding the integrity of the lab and lab technician and the process then there is no reason to question the tests done using firearm cartridges to determine the firearms used in a crime. 

A criminal intelligence analyst should be aware of the policies, regulations of designated justice agencies. It becomes hard for anyone who lacks these qualities to perform desirable in the role. This role demands that one easily evaluate the thinking and level of insights regarding the case presented the pending resolution.

Many people, including government officials and regulators, have come to understand that prohibiting drugs has failed in so many ways.  However, a significant issue in relation to drug law reform has related to a general fear of what is not actually known.  The book, ‘After the War on Drugs: Blueprint for Regulation’ has secured answers through specific regulations for different kinds of prohibited drugs. 

In an open and democratic society, freedom of speech is of the essence. Generally, the press and broadcast media should have the right to criticize especially those in power and it is also one of the ways the citizens hold those in power accountable as well as express their individuality as citizens.

The essence of PPMs was that trade agreements always came with an inherent element that made it illegal to discriminate against “like products”. The implication is that all products that were similar in a given category of these trade agreements had to be accepted and treated without any form of discrimination.

A will refers to a legal document that a person writes expressing their will regarding the distribution of their property or estate at the time of their death while naming one or more people to oversee the estate until its last distribution. They can be oral, unsolemn or solemn in nature, notarial, nuncupative as well as a serviceman’s will. 

Every country has a legal system. The legal system describes laws that every country has how those laws are made, and the process of enforcing those laws. The legal system of Australians reflects how they behave, and how they expect other individuals, organizations and governments to conduct themselves towards each other.