Law Essays

The aim of GATT was to have in place a transparent and orderly framework that would gradually excise trade barriers, whilst expanding international trade. Periodic multilateral negotiating rounds were conducted within the GATT, in order to promote the liberalization of trade. This is a very important system in the GATT, and it has been conducted on eight occasions.

Since 2002, the Standing Committee of Attorneys-General (SCAG) has engaged in deliberate reform efforts meant to review the Uniform Acts. However, the reform efforts stalled in 2007 owing to a lack of consensus among the different states and territories regarding the amendments needed in the legislation.

Until recent times, there were stringent limits on the transfer of professional football players between European clubs. This was founded on a rigid system that restricted the functions of the free market based on the fact that there were regulations and rules which constrained the terms placed on such transfers.

When a breach of contract occurs, the law has several options available when arbitrating such a case and the judicial aim in this case is to make right a wrong that has already been done. This often requires putting the parties in the same position they would have been had the contract been performed.

Upon the examination of the document, the court is allowed to make any decision about the use of the document. However, the courts should be in a position to satisfy all the parties that the document is relevant to the case and it is also credible. This is to avoid the chances of parties lacking faith in the court process.

This is therefore a constitutional issue that could stop the funding and it raises the debate according to those opposed to the program. On the other hand, it is also important to note that section 96 also gives the states the power to reject the grants. This means that the states have the right to reject the funding for the program.

The US patent system heavily favours the owners of IP over other parties. Unfortunately, the Global IP regime is founded on the American system which has been criticized for several critical flaws. In the 1980’s the US formed the special appeal courts for patents apart from the federal court system.

Developing countries in the world play host to over 1.02 billion undernourished people according to Food and Agriculture Organisation (2009 estimates). The food crisis experienced in the year 2008 as a result of climate change has necessitated countries to reconsider their historic practices, especially in developing countries.

China has the biggest transition economy globally, yet its employment protection laws have at times been criticized as being relatively weak, allowing unfair exploitation of its workforce and rather than offering support to the interests of workers, may be serving only the function of encouraging foreign investment at the expense of its worker’s well-being (Cui et al. 2013).

China called for the setting up of a panel. Respective to China’s allegations under Article 4.2 of the Agriculture Agreement, the panel, on judicial economy grounds avoided making a ruling in favor of China’s allegations under Article 4.2 of the Consent on Agriculture, as it revealed that Section 727 turned out to be conflicting with Article XI: 1 of the GATT 1994.

The legal practice has been touted as one of the oldest practices in world history. This profession is characterized by definite regulations, and terms of practice and is also believed to be strict towards accepting any changes as compared to other fields such as the business world. Therefore, practitioners within the legal professions have remained ardent sticklers to the traditional practices and ways of managing their professional duties.

Suspected terrorists should not be subjected to torture, to extract information, because such information would be unreliable and inadmissible in a court of law. It is imperative to adhere to the rule of law, which constitutes the keystone of any free society. In addition, short-term gains should never prompt a nation to ignore the rule of law.

By making the registration process tedious from the point of view of radiographers, it has ensured from the view of the general public their safety and well being. The act certifies that no unauthorized person who practices radiography is let off freely, that even registration is transparent by making it public in the Gazette each year.

The author has had many obstacles in his life, but he has persevered and overcome them. They’ve shaped his personality but not overcome it. He remembers how much his parents valued education; which kept the flame of a better life living on within him. The author does his best to strive towards excellence with obstacles.

The standard of care by which her actions will be measured is required by a skilled and experienced driver. Belinda’s actions are likely to be assessed directly according to civil tort relating to negligence, and thus as a skilled and experienced driver, she will have to be proven to have acted in contradiction of her duty as such a driver.

On the other hand, Michelle’s law help improve the health care of the whole nation at large (United States Congress, 2010, p. 1029). When students are put into a health care scheme that caters to their medication even when they are out of college, they are sure of the safety of their health all the time. A nation that is healthy will always develop in many of its social and economic sectors.

In order to become a part of the US criminal justice system, an individual must be highly self-motivated as well as have a sense of pride and loyalty for the nation. He must have a sound sense of judgment to ensure what is right and what is wrong in society to provide a better environment for the citizens with regard to criminal activities.

There are many issues and questions that arise with the application of these laws, and it is necessary that clarity be established concerning these laws. Search and seizure issues have led to a lot of heated debates and discussions, with everyday breeding new questions and issues about the legality or lack of it of these searches and seizures

The author states that land-related issues have led to years of political unrest in many countries which has in turn affected political consequences. Scholars assert that countries with minimal levels of land in-equalities are better placed to transition away from authoritarianism. Land requisition is one of the most contentious issues in China today.

The law of tort focuses on civil wrongs committed against individuals. The nature of the civil wrong may be such that it causes personal injury to the victim or destruction to the property of the victim. This paper presents solutions to the legal problems presented through the application of problem-solving skills from a legal perspective. 

The United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea, more popularly known as the Rotterdam Rules’ was signed in Rotterdam, the Netherlands on September 23, 2009, by sixteen nations. The convention covers the obligations and rights involving carrying goods through the sea route.

The Domestic Animals (Control and Curfew) Act 2009 is one that was passed to ensure that domestic animals do not attack Australian wildlife, especially at night when they are left to roam outside. With the enactment of the act, domestic animals would not be allowed to roam at night from 8.00 pm and 6.00 am when most of the killings could occur with pet owners being required to confine them in an enclosed space during these hours.

Multi-firm manner seems more preferable to single-firm conduct to have an unequivocally negative effect. In the U.S antitrust law; the Sherman Act informs single-firm conduct by offering a solution against "every person who is willing to take over singly or even just attempt to take over alone in any part of the exchange or commerce among the many States."

Both the ambassador of Brigadoon to Saudi Arabia and his wife were traveling on diplomatic passports. In this case, the ambassador accompanied by his wife had arrived back from leave and official consultations with Brigadoon. At the airport, a detector dog reacted to a suitcase which was later collected by the ambassador.

Fred has Intellectual property rights over his music. This is because the music that he performed at the local clubs is his original composition. Jim also has intellectual property over the music because they recorded and performed the music together. Although they did not have access to professional recording companies and broadcasters, they had Intellectual property rights over the music.

It should be considered that the relationship between nations is very critical for the ultimate harmony of the concerned parties and the world as a whole. Over time, there have been various processes and procedures that have been applied in resolving diplomatic issues and disputes that have constantly been on the rise from time immemorial.

Directors acquire a lot of knowledge and power through their offices as long as they remain longer in that mentioned company. Due to this powerful position, it is easier than not, for their powers to be abused in one way or the other.  Directors have been known, for example, to abuse their powers in office for their personal gain.

In a criminal justice context, it can be described as the reversion of a person to criminal behavior after they have been convicted of an offense before, sentenced, and corrected. Recidivism occurs when any one of the following kinds of events takes place during the initial two years of the offender being in the community.

Different jurisdictions have specific consumer laws that protect consumers from illegal business practices by companies. The author of the paper argues in a well-organized manner that the Australian Consumer Law was created to serve this purpose and guide consumers and companies on the appropriate ways of conducting business.

Construction contracts are of several types but some types are preferred by professionals in construction. The way disbursement is made defines the type of construction contract with other specified terms including specification, duration, quality, and other items. This paper dialogues of types of construction contracts, contractor and contract management, and the model of project management.

Questions and concerns about ethics sit upon the pleadings of a lawyer and accompany the lawyer while he rushes to represent clients in a court of justice. The silent question of ethics and value hangs suspended whenever a lawyer plays his role. A lawyer has to make a choice. There exist difficult and common ethical dilemmas that contemporary lawyers cannot avoid in their legal practice.

It, therefore, means that there is no certainty of intention because Helen changed her mind about transferring the house. If she still had the intention to transfer the house, she could have included Josh in her will. Moreover, Lara could only have held the property in trust until Josh completed his tertiary education.

In this scenario, the business organizations that heavily depend on the Internet for their business transactions and processes can seriously experience major economic loss if their systems have to go offline for even a minimum period. Additionally, the DoS attacks can have a severe effect on the healthcare industry and its critical operations.

After three months of operation which was single-handedly done by Ah Mouy, it incurred a loss and Turnbull sued Ah Mouy for the loss. Defending itself, Ah Mouy argued that it was just one of agreement and therefore the decision to sue was a breach of the Act. The court held the defence adding that such also did not constitute carrying on of a business.

A person needs to remain in a place permanently to be considered to be living there. The ATO considers several factors to consider one a resident or a non-resident person; the length of time that the person will stay overseas, the place of abode or the residency that the individual holds in Australia.

Additionally, the promise may be expressed or implied, as was demonstrated in the case Legione v Hateley, where the court held that even though the promise must be clear, it does not mean it must be expressed as it may be implied by words used by the promise. Fraiser expressed and implied to Dave that he would buy the Shamrock at $500,000.

Kate’s conduct qualified was similar to that of the solicitor in McGeoch v Hendriks, where the Court held that an express retainer was established when the solicitor responded to the question of the appellant on stamp duty by giving his opinion without qualification, therefore, resulting in a duty of care owed by that solicitor to the appellant.

It is prudent to indicate that, under the Australian statute, the actions of Coco Limited directors were wanting. The directors contravened imperative laws indicating negligence and lack of due care. Coco Limited becomes insolvent because of the ill-advised move to ship the merchandise uninsured, the directors are personally liable.

The unfair dismissal rule applies to Mr. Croissant’s business although there are some limitations. He fired the employees based on the application of the rule. A company that has more than fifteen employees cannot be considered a small business and hence the application of the unfair dismissal rules.

Public opinion is found to be heavily influenced by the media (Gelb, 2006). The specific type is that criminal activities carried out by young people are deemed to be newsworthy and evoke feelings of retribution and anger in the people’s minds (Green, 2006). These feelings among people contribute to public perception of harsher youth justice measures.

The law provides that for a person to register a normal trademark, the mark should be the definition of trade mark according to section 17 which requires an intended sign to be used to distinguish well or services at the time of doing trade. Where the application is approved, there is 3 month period prior to registration existence that others may be against the registration.

Within the Hong Kong system, the defense counsel has many challenges for cause available, and the accused is entitled to five peremptory challenges. As the number of qualifying jurors might be minimal in number, the use of these 5 peremptory challenges is significant as it is easier to obtain an unrepresentative jury.

Lord Sankey described the burden of proof in criminal trials as the prosecution’s burden. It is for the prosecution to prove the defendant’s guilt beyond a reasonable doubt subject to statutory exceptions and the insanity defense. The rule is therefore reflective of the presumption of innocence as provided for in Article 6 of the European Convention on Human Rights (ECHR).

The biased judgment made by the Appellate Body can negatively affect its credibility when it comes to solving international disputes. To improve the credibility of the Appellate Body, WTO should carefully screen the background and qualification of its panelists. Today, WTO’s Appellate Body is composed of only 32 members.

The equality act progressed toward becoming law in October 2010 as it replaced past enactment, for example, the race relations act 1976 and the handicapped act 1995. Its main aim is to legally protect individuals in their workplace and provide a fair environment that is appropriate for all persons.  

The Patent Law refers to the right which is given to an inventor of any idea, article, machine or process which is new and not obvious in society. This right excludes other people from using, producing, importing, or selling the technology or the idea which has been protected by the Patent Law (Heald).

Financial markets are an important component of Australia's economy. They provide a return for those who have extra income, while at the same time making loans available to those who need additional funds. They influence all other industries because of their key role in the economy. To protect the overall economy and the individual sectors, there are three major regulators of financial markets; RBA, APRA, and ASIC.

While competition in the business world is hailed for its role in ensuring the betterment of service and product quality, one major issue still remains salient. Some economists in their contention agree that while competition should be allowed to thrive, a limit should be drawn to ensure that weakling business units are not thrown out of survival.

There are four major types of financial crises that are caused by various external and internal factors of an economy. In order to avoid or mitigate the effects of the financial crisis, corporate governance mechanisms need to be improved. Moreover, laws and treaties related to the financial crisis in Australia need to be observed.

Copyright is a documented form of intellectual property. Its impact is not only on the public stage but also expands into the global sector. One cause for the existence of the copyright concept is the economic/utilitarian theory where inventors are encouraged to establish innovative works by being given exclusive economic rights for a particular period of time.