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Globalization refers to the process through which the world has become interrelated and interconnected through an increase in the exchange of ideas, opinions, culture, and trade. Globalization has been taking place since time immemorial. However, the pace and extent of globalization have hastened in recent years.
The arrest rates for the Aborigines were 10 times more compared to that of the non-Aboriginal Australians. At the same time, rates for adult imprisonment were 26 times more compared to that of non-Aboriginal Australians. The juvenile detention rate was also 30 times more than that of non-Aboriginal Australians.
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Usually, tiny fragments of physical evidence like fibres, odour, semen, hairs, glasses, fabric, Primer residue, chemical compounds, skin, glitter, or feathers found at a crime scene can assist in telling the story of what happened at the scene (Blackledge, 2013). Such pieces of evidence are collectively called trace evidence.
The legal representative has to provide the way forward. Immunity from the jurisdiction of national courts does not translate to being above the law in modern international law. Both diplomatic and sovereign immunity can be waived to have the effect of changing an unenforceable obligation into one that is enforceable.
Trade Marks Act 1955 (cth) postulates that, through what is called the tort of passing off, it is universally acknowledged that the plaintiff can establish that the name of the business is unique and that the defendant’s behavior could in one way or the other cause or mislead detriment (Sare, week 4).
Most people with mental illness have no capacity to make logical decisions. There are different laws that govern the treatment of people with mental illness. Some are treated voluntarily while others are treated involuntarily. They are entitled to different rights concerning their treatment. People with schizophrenia are supposed to be treated with dignity and mental illness.
Family law is sometimes known as matrimonial law and is fundamentally a law area that revolves around family matters as well as domestic relations such as marriage, domestic partnership, civil unions, adoption and surrogacy, relationship termination and ancillary issues such as divorce, property settlement, child custody, visitation, child support annulment, and alimony awards.
The nature of the crime indicates that the offender was not alone. Executing such plans need a number of people to abduct, torture, rape kill, and dump. He must be a merciless criminal whose motive is just to rape torture and kill. The bites and cuts on the breasts and bruises can confirm this. It is possible that the offender has a mental disorder.
Again, the plaintiff will need to prove the existence of three essential elements, as had been demonstrated in the case-law of Brown v. Swett & Crawford of Tex. The three include proof of a defamatory statement, ‘of or concerning’ the claimant, and publication.Under common law, for a statement to be considered as defamation, the claims should be sufficiently false, as well as be made to a separate individual other than the one who has been allegedly defamed
Parents may also be taking care of other children and in the process wondering about their take or feeling and coping with the situation. In other words, the increased attention that delirium often requires may therefore divert the attention of the parents away from the other set of children (Kobus, Heintzman, Garvin, 2013).
In any nation across the globe, communication law is set to govern and regulate the broadcasting of any material that is related to the media. The law has highly pertained to electronic communication. In Australia, media is regulated or rather controlled through various sources. These sources include legislation and as well as the conduct of conduct.
Despite the perceived defamation, there are defence areas that Larry can use when subjected to the requirements of the law. One of the defence points would be claims that he was writing based on imagination and observation on the current trends of Law of communication students in the institutions of higher learning.
Exclusion clauses are sometimes used by contractual parties to limit or exclude one party’s liability in regard to the performance of the contract. However, courts are reluctant to recognize exclusion clauses that are unfair to one party in the contract. For exclusion clauses to be recognized they must be (a) incorporated into the contract, and (b) and the liability must be related to the subject of the exclusion clause.
It is very critical to define the roles of the case manager. According to Healey (1999), John’s case manager has the following functions; familiarize with John’s essentials and plan how to meet his needs. Then overhaul John by securing the necessary assistance. Audit his activities to ensure they are in line with what the law requires of him and ultimately defend him from baseless discriminatory accusations.
The hamburger restaurant is to be located in Elizabeth Vale, along the Main North Road. The Suburb of Elizabeth Vale is located towards Adelaide’s northern extent in South Australia. Various factors were considered in the selection of the location of the business, the major one being the exposure that the business will have to the customers (Greene, 2011, p. 220).
Forensic services collect, identify, and analyze evidence gathered from scenes of crime, traffic incidents, sudden deaths, disasters as well as biological, chemical, radiological, and nuclear threats. Making sure these services are accomplished efficiently, effectively and in a way that is co-ordinated is very important to public safety.
Crime is an inevitable part of society. However, crime has evolved over time and has become more complex, which calls for new investigation techniques like forensic science. As a result, Western Australia Police has developed a model for crime scene and forensic investigation involving various institutions and experts who that there is justice in the country.
The suspect must be psychopathic and sadistic. (Hill et al., 2007) This is expressed in the fact that the suspect is after having sexual pleasure while at the same time enjoying the victim’s physical suffering. The bruises on the victims suggest that the suspect was cruel and enjoyed watching as the victims were in pain.
The issue is whether Karen and Lucy breached their duty to care and diligence. This is after they agreed to move to they agreed to move their business to a new location. During the decision-making process, Lucy did not have a proper understanding of the financial implications. Karen was doubtful but nevertheless agreed that they should relocate their business.
In Western Australia, Professional Conduct Rules 2010 (WA) outlines the duties of the lawyer to the client as well as to the court. According to section 5, a practitioner’s duty to the court and the administration of justice is paramount and it prevails to the extent of inconsistency with any other duties including but not limited to a duty owed to a client of the practitioner.
The efficient functioning of an organization, be it a business enterprise or a non- governmental organization depends on how well information is managed within the organization. Communication is a key attribute in the success or failure of a company. It contributes greatly to issues such as organizational behaviour in an enterprise and the overall performance of an organization.
Western Australia Police handle the largest single police jurisdiction globally. They are responsible for the region's security and safety thus playing a central role in maintaining the safety of individuals in Western Australia (WA Police, 2014). As a strategy for accomplishing its objective, WA Police ensures the availability of its personnel at the right time and place.
Sexual abuse occurs when one has sexual intercourse with the other person without their consent. However, there are several definitions of sexual abuse between different territories and states. There exists sexual abuse among the Aboriginal community in Australia. Aboriginal women are often abused sexually.
Larry’s article regarding Ella being poor in writing and not being very sharp can be termed as defamation. According to the uniform defamation law enacted in 2006, defamation entails publishing false accusations regarding a person or a member of their family, whether alive or dead, through which there are chances that their reputation will be harmed, and their profession or trade will be injured.
It is noteworthy that Larry has defamed Ella in his article titled “law of communication student thinks she knows travel because she has been to Bali”. This is because the general law of defamation identifies three major elements that prove that a person has defamed another. Patrick Thomas, defamation law in Australia, (2012).
Most of the terrorists are unidentified due to a lack of matching data that can be used to identify them. DNA samples and fingerprints are essential in mating the facial and physical appearance of a person. By taking the fingerprints sample of all citizens, the records can be important for validating the physical appearance of a suspect.
The issue is whether the terms of the contract are fair to Max and Sara although they signed the contract form without reading the contract. The contract indicated that the company retains the right to keep all membership fees irrespective of the default, loss, or breach on its part and requires all fees to be paid at the time of joining.
A contract is said to exist where there is an agreement between the parties accompanied by consideration and an intention to be bound by the agreement. Before the parties can enter into a valid agreement, they must have the legal capacity to enter into a contract. An agreement in contract law is entered into through an offer and acceptance.
Generally speaking, in the existing social indicators, indigenous communities are rated as being the most disadvantaged in Australia (Hall and Patrinos, 2012). The indigenous people are far worse than non-indigenous people in varying aspects like education, employment, living standards, and family violence.
The Australian Corporate governance regime requires corporations to regularly present reports on their financial performance and position. The Australian Corporation Act governs how financial reports should be presented in Australian jurisdictions. The Act demands that the company present a true and fair view of how it is performing.
In this case, Henry was convicted of charges of theft in Fiji while he was abroad. It is evident Henry is a medical specialist, a profession that should be treated with all the morals and virtues dealing with the patients. The Victorian Government did not look into his past criminal history prior to his employment, and this activity was deemed as a preservation of the duty of confidentiality.
Corporate governance simply refers to the process by which companies or corporations are directed and controlled. It, therefore, encompasses the leadership, stewardship, authority and accountability of the people responsible for leading these organizations. In a company, the directors are responsible for leadership and control over the activities of the company.
One of the major decisions a businessperson makes prior to establishing a business is to select the legal structure appropriate to his/her business. The structure of a given business depends on the form and size of the business alongside personal circumstances and how much a businessperson desire to develop the business.
The company has developed a drug that will reduce rheumatism to a significant level. However, one of the tests conducted on the drug revealed that it had possible side effects. Following the decision of the company to verify the side effects, it requested a confidential report from other scientists regarding the alleged side effects.
Fraudulent misrepresentation is a state where a person makes an intentional and false statement to induce someone to enter into a contract or business dealing. Courts rescind contracts entered into as a result of fraudulent misrepresentation. Fraudulent misrepresentation is a tort and sometimes it can be converted to reckless misrepresentation.
We are grateful that considered us to advise you on the status of the two cases in relation to the law of business. Highlighted below is clear information on what should be expected in these scenarios. We have also given some background information on the laws of contract; the National Credit Act and The Consumer Protection Act that apply to these situations.
According to the taxation law of Australia, assessable income refers to income that is subjected to taxation on grounds that one earns more than his/her tax-free threshold. A number of examples of assessable income have been available to the public in Australia, as per the Income Tax Assessment Act of 1997.
Generally, physical abuse involves inflicting or making attempts to inflict physical injury on another person. These include slapping, biting, hitting, punching, or arm-twisting. Physical abuse may also be through blocking a person’s access to resources that he/she needs to maintain health (Cefrey, 2009).
Florencia 13 was initially based in Los Aztecas but is presently a powerful paramilitary force operating on both sides of the US and Mexico border and the majority of its members comprise immigrants detained in Texas prisons. The gang works with other Mexican cartels to smuggle illegal aliens, weapons, and drugs as well as to murder officials of the consulate.
The strengths of the public interest in the project may be high but the laws concerning international business do not consider much of the interest from third parties. This is to prevent the good relationship, that countries which are aligned in various fields, from being exploited by those that want to create conflicts among the countries.
The severity of the law is tempered by the positivist theory of criminology, which has dominated criminal policy in the last century, in which it is believed that internal and external factors influence an offender to commit an offense. Under this theory, society and the criminal justice system are willing to forgive the offender for his moment of weakness if he leaves his erroneous ways behind.
Codes of practice refer to practical guides meant for achieving safety and welfare as well as health standards that are required under the Work Health and Safety (WHS) and regulation in a given area of interest (Safe Work Australia, 2015). The code of practice applies to anyone with the duty of care from employers to employees and even clients. The code of practice deals with a specific risk or hazard that is likely to occur.
The issue is whether the directors of the pharmaceutical company breached ethical principles. The directors of the company decided not to reveal to the public the side effects of the drug to be used for the treatment of rheumatism. The directors intended to keep the investors happy and ensure that it makes profits from the new drug.
Bob Wheelie is seeking advice on dealing with a legal issue, which entails a business transaction with Mr. Spoke. Bob purchased a bicycle store from Mr. Spoke, who was retiring and needed to sell the store. For Bob, this was a perfect business opportunity, as it would enable him to do what he loved the most-biking business opportunity.
The role of the media in any society is to provide information, opinions and criticisms on different aspects affecting society. The Australian media just like any form of media has a role to play in the development of Australian society. When this information is analyzed from a theoretical approach it is possible to notice the levels of transparency and bias in media reports.
Punishment is therefore the state-imposed sanctions on a person who has been found guilty of wrongdoing that is, breaking the law. Punishment involves the imposition of hardships on the person who has broken the law and also includes deprivation, meaning denying them or taking away from the person something that is of value for the wrong committed.
As a result, the innovators have been experiencing a reduction in potential profits and removal of incentives within the industry as a whole for engaging in innovative activities. In most cases, these activities tend to discourage the innovators thus affecting the economy negatively as innovators tend to shift to more protected practices.
The issue is whether the board of directors acted in an ethical manner by keeping the information about the side effects of the new rheumatism drug confidential. This is after the research that was commissioned by the company indicated that the drug has a little side effect. The decision of the board was aimed at ensuring that the company is able to get profit from the drug and keeps the shareholders happy.
Many consequences the world and its people are facing because of state immunity (Damrosch). In such an immunity, some powerful members of the state have the power to defend their selves as the pre-emptive policy. They can have a war or fight with any of the countries that have a potential threat to them or their sovereignty.
The issue is whether Max can be held liable for the unpaid debt of shifty Seller Pty Ltd. This is after Max as a director ordered on credit steel cables from Smart Engineering Pty Ltd. Shifty Seller Pty Ltd later went into liquidation without paying for the steel cables. Max was also known for having a bad credit risk in the industry including Alex of Smart Engineering Pty Ltd who accepted the credit.