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The paper “Merriwa Suburb in Australia - Relationship between Legislature and the Judiciary» is a potent variant on case study on the law. Merriwa, which lies approximately 36 kilometers north of the central business district of Perth, is one of the outer suburbs in the area. It is bordered by Ridgewood to the east, Butler to the north, Quinns Rocks and Mindarie to the west and Clarkson to the south.
Generally, the concept of the separate Entity principle is universally accepted as the basic principle of Company Law that is universally applied (Tricker, 2015). Additionally, according to this principle, a company should be treated as a separate or rather a distinct entity with respect to its members.
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The issue is whether the three payments made by Hilary are considered as part of the designated source of income from personal exertion. Hillary made the sales of the articles that she wrote individually as well as the rights; manuscripts, as well as photos, were sold as per the law. Where Hillary wrote the articles for personal contentment as well as merely concluded to sell the story subsequently, the circumstance will be similar.
This is a decision made in 2015 by the Supreme Court of the UK. It is a judgment concerning the law on homelessness as well as the meaning of the vulnerability clause as enshrined in section 189 of the Housing Act 1966 (The Act). Prior to this decision, the vulnerability was assessed in line with the Pereira Test that had been laid out by the court in 1988.
Massive Freak was advertised as a new meal that could be consumed by anyone seeking to increase weight. According to the advertisement, the consumer who takes the new meal three times a day for two weeks would without a doubt gain 20 per cent in weight. The ad further states that anyone who fails to achieve the 20 per cent after the required 14 days would be paid $5,000.
As you have described in the letter you have been separated from your husband for 14 months. Your husband moved out of your matrimonial home in June 2015 and promised never to return. In an expression of his and showed unwillingness to take care of the children in the future, he talked of how the children were now his responsibility.
This question replicates a situation where a minority shareholder’s rights are not respected. It gives a scenario where the majority shareholders decide to hold the minority shareholder at ransom by relying on technicalities of procedure. A similar situation may also arise where a shareholder is not contented with the management of a company.
The regulation under Mining Act 1992 and POEO Act 1997 requires companies to ensure the protection of the environment as a priority during the mining process (POEO Act 1997 section 64 subsection 1 and Mining Act 1992 Section 378 clause D). This includes dumping of the wastes from the company which should be done through a proper mechanism to ensure the environment is not affected.
Generally, Peter has contracted to sell a house at Leichhardt to Frank. The contract specified that the house was to be sold with vacant possession and that time was essential. Peter is unable to remove all his goods from the house at the time specified in the contract because his truck had broken down.
All over the globe, the police are known to be first responders whenever a crime is reported to have occurred. Before the internet, the role of the police in responding and even thwarting criminal activities before they happen was more elaborate (Wolf 2000, p. 113). Most of the time, the criminals were always out-witted by the police.
Under contract law, a contract can be rescinded under various circumstances. The recession of a contract usually leads to its termination with the parties going back to the same as they were before the contract was entered. According to the common law, a rescission can only take place if the contract was fully formed (Gibson & Fraser, 2015, p310).
The rule protects directors from prosecution when ventures fail to produce returns or make losses. Directors can only be prosecuted only in cases where they are guilty of misappropriation of corporate funds or fraud. Unfortunately, the rule also frees directors from liability even where their decisions are careless and lack diligence.
The word “drug” commonly refers to medicine or other substance that has a physiological effect when ingested or introduced into the body. According to the United Nations Office on Drugs and Crime (UNODC), drugs can be grouped into five main categories, which include opiates, central nervous system depressants, Central nervous system stimulants, Hallucinogens, and Cannabis.
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The Aboriginals are being increasingly consulted in identifying issues as well as coming up with viable solutions; success has been recorded during such consultancies. It is only through self-determination that the current relationships between the non-indigenous and indigenous people in Australia can shift from being neocolonial to post-colonial.
The reasons why I think there are challenges for foreign enterprises establishing businesses in Japan including the challenges are explained below. The challenges range from the interaction between the Japanese legal system and Japan’s culture, society, economic system and political development among others.
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The Silent Alarm-The article talks of the alarming expenditure of up to $74 billion that is used to run prisons with particular reference to ten specific states that spend more on prisons than higher education. Marginalization upon release- The article talks of the problems that an ex-convict faces upon release among them the challenge of finding employment.
The International Criminal Court is meant to prosecute any person who is accused of crimes involving genocide, crimes against humanity as well as war crimes. In other words, the ICC is an extension of war crime tribunals that was established to prosecute Japanese and Nazis who committed atrocities during World War II.
Informal social support provides moral, physical, and social support (Neukrug, 2012). A network of support from friends, neighbors, and family members is preferable to Skyla the support of her few friends who mislead her and engage in drug abuse. This support will also put an end to the risk factor of lack of parental supervision.
Collecting crime information gathering is still wanting, especially in a diverse society, it is still a major part of a persistent problem in a growing society (Van Gelde et al., 2013). Securing the community causes one to surrender some of his individual rights for standard social activities (Braga, Welsh & Schnell, 2015).
Legal relationship: There must be a pre-existing or anticipated legal relationship between the two contractual parties. In many cases, the legal relationship in question is contractual. Promise: The defendant must make a representation regarding his future conduct to the other contractual party. Often, the representation takes the form of a promise.
The law enforcement sector in Western Australia has been faced with corruption for a long time. Worldwide, the same scenario has been experienced in law enforcement agencies with police officers in eighty-six countries being charged with corruption (Aldous, 2014). Transparency International has termed the police sector to be the fourth most corrupt public institution.
Agreeably, the mandate to control the emission of greenhouse gases can be regarded as unconfined to one state. In this regard, each country has the responsibility to ensure that they constructively engage in reasonable control of greenhouse emissions, failure to which leads to transboundary harm. Over the last century, there have been heated debates on the answerability of countries on the matter of climate change.
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Human rights refer to the minimum procedural rules or standards to which the people in power must or should uphold the whole dealing with other people. Human rights concern the state authorities like the armed forces, governments as well as the sections in the society that wield non-governmental power.
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The effectiveness of the ICC is also affected by the overlap of the role of the Pre-Trial Chamber and the Trial Chamber (Kaul, 2011). There is no clear definition of the relationship between the two chambers. Consequently, the lack of a clear definition of the roles of the chambers affects the smooth operations of the court.
It is important to highlight that choosing the right structure for a business is a critical step in establishing a business. According to the Australian Securities and Investments Commission (ASIC), the first step of establishing a business in Australia is deciding the right structure for your company.
Income from all trade transactions that Joan conducted is assessable. Joan will be able to claim a deduction for expenses incurred in gaining or generating the income or any expenditure that she necessarily incurred on the activity of gaining or generating the income as long as the expenditure was not capital, private or domestic in nature.
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Aboriginals were more likely to be condemned for crimes against persons, extortion/burglary, and to a reduced degree theft. For instance, coercion/robbery comprised almost a third of the Aboriginal sentences. On the other hand, non-aboriginal offenders were more likely to be convicted of drug crimes.
One of the primary objectives of the UN is the emphasis the need to integrate the rights of humans into its activities. UN focuses on upholding and championing human rights. This is evitable through the numerous UN human rights procedures and mechanisms that are aimed at protecting and promoting human rights.
It is important to highlight that mandatory sentencing law is considered a criminal law where a maximum penalty is set for the offense and does not include a minimum penalty for the offender. Therefore, the judges are obliged to hold substantial discretion upon a suitable penalty for each case (Mackenzie et al., 2012).
Society is made up of people who are brought together and held together by a common bond that is culture, religion, laws, way of doing things and in some cases a common enemy. It is common, however, to realize that not every member of society will subscribe to these rules and norms. They will try their level best to revolt against them for various reasons (Wortley, 2003).
The Perth Magistrate’s Court heard this case in the fall of 1st February 2016, where Skyla plead guilty. As a result of pleading guilty, the Magistrate referred the client to the Adult Community Corrections Service in order for the Pre-Sentence Report to be prepared. K-Mart demanded that the Court order the client to repay the damages which amounted to $87.50.
Years of research on deception have indicated that human beings are not any better than chance when it comes to the detection of deception. The research has revealed that there are minimal objective signs of deception. However, there is a possibility of creating deception cues through the utility of strategic interviewing techniques.
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Police corruption has become an endemic in the law enforcement sector in Western Australia as well as police agencies worldwide. For instance, it has been reported by Transparency International that eighty-six countries have charged their police officers with corruption and also the police force in those countries is regarded to be the fourth most corrupt institution in the public sector.
It is universally accepted that goods and services are sold, bought and moved to a contract while at the same time, employees are also hired because of a contract (Appleman Appleman and Holmes 2015 33). In simple terms, contracts represent the foundation of most activities that revolve around commercial business.
Behavior change is a critical step undertaken by individuals either through their volition or under cohesion to make positive impacts in their lives. The step to recovery from vice in life to embracing the right attitude or trait is critical and initiatives to ensure that individuals go through recovery are done with care to avert the eventualities of relapses.
In the spencer vs commonwealth of Australia case, the plaintiff argued that the commonwealth did not remunerate him as required since he valued the land at a higher value as opposed to what he received. In agreement with the fact that value indicates an existence of a willing buyer and seller, some modification of the rule was instigated in order to make it applicable to the case of the land that has a unique value.
The Sentencing Advisory Council describes mandatory sentences as a fixed penalty that the parliament prescribes for offenders who commit a criminal offense (Hoel & Gelb 2008, p.3). Mandatory sentencing remains a contentious issue, as it continues to create extensive debate and divisions in communities and the government.
The report analyzes the use of mandatory sentencing in Western Australia. Mandatory sentencing has been explained including a brief description of the historical aspects of the law as well as what the advocates of the activities aimed to achieve. The report aims at looking at the introduction of the law in Western Australia as well as what the law entails.
The use of contracts by the government has become more widespread than ever before as the government is increasingly contracting in areas it used to be directly involved. The need to contract government functions means that the government is in constant interaction with the private sector through contractual relationships. However, the government holds unparalleled power as a contractual party.
The prisoner is advised to focus on building communication and interpersonal skills, and also participation in cognitive skills programs in the community. His active participation in activities like working as a cabinet maker while serving his sentence and no charges have been presented against him yet proves that he can be useful to the community and not a threat.
The recent time property law has become a hot topic for journals. The extent to which the law has to be interpreted as seen as human tissue is subject to the scrutiny of the law. The source of the difficulty is the Anglo-Australian law definition of property and its scope. The new context of the application of the law may create conflict with the common law.
Suspects behave differently depending on whether they are innocent or guilty. In this case, it is very crucial to differentiate between a truth and a lie. Strategic use of evidence is a technique that is adopted by most legal systems to rule out any type of deception and increase accuracy in the detection process.
According to Section 5A Sentence Administration Act 2003, the degree of risk that Mr Bloggs poses to the community with regard to the possibility of recommitting sexual offices is essential in the determination of the seriousness of the offense. The release of Mr Bloggs based on witnesses' and victims’ accounts appears to affect the personal safety of the victims in the community.
Assessing the truthfulness of a particular person’s statement can be used using various techniques. However, some techniques have been found to yield positive results when used effectively while others have resulted in negative results. Human beings are prone to biases and they exhibit difficulty in the detection of deception due to their limitations on perceptions and interpretations.
The agreement between the parties is and can be analyzed through the rule of offer and acceptance. Take a case example of Uber X, a passage making a booking or hiring the services enters an agreement with the “offeror” with the willingness to pay for the services after engaging in communication on terms of the service provision.
Jen was in need of a DJ for her grandparents’ wedding anniversary. Jen goes online and looks at the profile of Tim who is 17 years old professional DJ. She emails Tim asking for more information about her services. She asks about what Tim charges for his services. Tim forwards the details about the services he offers and charges.
Consumers are identified to be always right by the law especially when businesses try to mislead or deceive them. The misrepresentation allegations involved the likelihood of some enforcement where the selling agent was supposed to ensure the accuracy and truth of the statements used in the conversation with the consumer to avoid any act of breach.
The purchaser will embed the equipment in his or her business. Therefore, the computers and other materials will permanently rest on the land and require permanent installation. The annexed material is real property, and it is installed permanently. It has become an integral part of the building and is designed for use with assets.
Criminalization is one of the most used legislative approaches to regulating prostitution in a number of countries. In light of this approach, sex work can be made a crime in various ways. One way would involve making it a crime the provision sex services, criminalizing specific aspects of the prostitution sector, or criminalizing the sex service providers.
Josh and Julie placed an advert in a local newspaper on 5th August 2015 asking for quotes for the supply and installation of floating timber flooring for an area of 100 square metres. Brendan sent Josh a standard quote offering to complete the flooring at $ 3 per square metre. Steward also prepared and sent a quote for the same work at $28 per meter; however, Josh and Julie were unable to read the email until 16th August 2015.