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Criminal law is based on individual responsibility. The presumption here is that people are free to make choices. Criminal responsibility is therefore affixed to an individual based on the choice that they make to do that which is prohibited by law. The law does not take into consideration other factors that may drive a person to commit a crime.
A company developed a drug for combating rheumatism and paid some scientists to investigate the side effects of this drug. Subsequent to receiving the report from these scientists, the Board of Directors decided to conceal information regarding its side effects, as this drug was expected to increase the profits of their company substantially.
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, Literature review
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Generally, a self-administered interview (SAI) is a tool used for investigating aimed at eliciting comprehensive information from witnesses in a quick and efficient manner. It is informed of a standardized set of questions with clear instructions that require the witness to provide their own statements.
Factories Act of 1833 increased injuries in factories as well as overworking children in the textile industry. 1840: Establishment of Royal Commission - increase in accidents, occupational diseases, and brutality in the workplace that was a norm. 1842: Coal Mines Act - the need for the prohibition of underground work for women and children.
Generally, the term minority has been used to describe a group in society that has no or few positions of power in society. This is well defined through the social majority. The term minority does not always imply the numeric minority. Women are almost half of the population but are considered a minority.
'Real’ in this context refers to the ranges of social life that generate consequences; mold attitudes and policy; determine the impacts of crime and criminal justice; produce fear, avoidance, and pleasure; and revolutionize the lives of those involved. The mediated anticrime campaigns, countercultural media fabricated imagery.
Under the law of contract, the prohibition against deceptive behavior is regulated and enacted in s18 of the Australian consumer law. The provision of the ACL is clearly set out in section 2 of the competition and consumer Act 2010. The provision of Deceptive conduct under ACL recounts the action of a person pursuant to Australian law to legislate with regards to deceitful conduct is confined to an individual who is a registered entity.
Providing false information regarding the profitability of a business enterprise suffices to be one of the most common business cases in Australia. Following the advertisement placed by Mr. Spoke concerning the sale of his bicycle store and Bob's desire to work for himself, Bob found it necessary to purchase the store.
Registration of political parties in Australia is the responsibility of the Electoral Commission. The registration is governed by Commonwealth Electoral Act 1918 (Cth). According to section 123, an eligible political party means a political party that is either a parliamentary party or has at least 500 members.
Indefeasibility aims to safeguard a registered proprietor from claims that are founded upon prior title. Although such claims can be made directly, it is possible to protect prior title via the law of wrongs or unjust enrichment. Claims that are based upon the prior title, per se, are contrary to the principle of indefeasibility.
Although the High Court held that there was no question as to the legality of implied terms due to their necessity to give contracts business efficacy, their honors noted that the implied term of mutual trust and confidence was only recognized under the UK’s statutory law which would not be blindly incorporated into Australian Common Law.
There should be a single test for legal causation in criminal law. The following discussion substantiates this contention. In the past, the courts had to consider several tests, while deciding the issue of causation in criminal law, and the complexity of these tests made it difficult to identify the real perpetrator in a criminal offense.
The present article advises Bob Wheelie had purchased a bicycle store from Mr. Spoke on the basis of the historical figures presented by the seller in the form of historical accounts. It later turned out that Mr. Spoke had given Bob Wheelie inflated accounts representation in order to induce him (Bob Wheelie) to purchase the store and allow him (Mr. Spoke) to retire and travel overseas.
The introduction of confessions in criminal cases, for all practical purposes, is such powerful evidence of guilt, that other evidence presented seems excessive. This is especially in cases of serious crimes such as homicide and sexual assault, where the prosecution and defense counsel engage in a battle of words during criminal trials, to satisfy the beyond reasonable doubt threshold.
One of the similarities between a condition and a warrant is that they are both terms of a contract. They set out the obligations contract parties are supposed to undertake in order for the contract to be executed. Secondly, both warranties and conditions have a significant effect on the way a contract will be performed.
Capital gains tax is the tax deductions made on the gains one has made from the sale of an asset. Capital gain is therefore the difference between the original cost of an asset which is the cost incurred by the owner when buying it, and the amount received after the owner has disposed of that asset.
There are several ways in which the details of Minister for Immigration and Border Protection v Kim [2014] 221 FCR 523 are relevant to the work that I have so far done in LAWS8167. First of all, the case helped me to gain a practical understanding of the basic details of Australian immigration law.
The case, Minister for Immigration and Border Protection v Kim (2014) 221 FCR 523 is an appeal case in the courts of Australia. It is an appeal coming from the orders of federal circuit courts in Australia. The orders were made on the 3rd of October 2013 that quashed the decision that was made by a department of immigration and border protection officer, a department that was made on the 18th of January 2013.
My well-developed abilities to gather and analyze information have been demonstrated during my tenure as a registered migration agent in a migration company. In my stint in the company, I was charged with the responsibility of representing clients at different forums, including migration and refugee review tribunals.
The subsection is subject to the succeeding provisions which state that the insurer may not refuse to pay if the insured proves his acts did not contribute to the loss. In circumstances where the insured proves that part of the loss was not caused by his action, the insurer is obligated to pay part of the claim that doesn’t result from the insured actions.
Public limited companies are those organizations that have a share capital that is subscribed by the public or in general terms, investors. These investors buy these shares at their current market price which is in the security exchange market. These prices represent the trading levels of the corporation.
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The eighth section contains the discussion. It involves the combination of the results of the research questions and the hypothesis of the project. In this section, the research question is answered, and the hypotheses are approved or disapproved. The study from that point forward makes a reflection on the research project.
A person is entitled to make certain assumptions when dealing with a company under the Corporations Act 2001. Section 129(2) provides that when dealing with a company, a person may assume that anyone who appears from the information provided by the company to be a director, that such person has the power to perform duties similar to those exercised by a director of a similar company.
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Same-sex relationships in Australia have been treated as de facto relationships and for a long time, the Australian Federal Law has been opposing this type of relationship. Failing to recognize these relationships has raised many questions of marriage inequality. Marriage inequalities to people in these relationships have impacted them negatively.
It moves to address the preventative strategy through community education and mobilization in sections arguing challenging of cultural norms, enhancing decision making space for girls/women, and engaging men in campaigns to prevent and end the violence. Second is child-focused welfare programs through education and accommodation shelters,
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Regarding the imprisonment of those involved in property crimes, there were mixed reactions with some supporting, some not supporting, and an equal number remaining neutral on the issue. But regarding those who have committed violent crimes, most of the respondents supported both ideas of community service and imprisonment.
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Young individuals tend to experience challenges while they are dealing with others, and it is important to note that engaging in gangsters to solve their problems or solve certain issues is not recommendable. Legal processes have been established to deal with young individuals and thus if the case gets out of the parents legal policies can be more effective.
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China’s record in the WTO has not been without controversy – not surprising given such a huge and complicated accession. Implementation of WTO commitments has been mixed. A raft of sensitive cases against China, mostly prosecuted by the USA, is working its way through dispute settlement. China has stayed conspicuously on the sidelines of the Doha Round
It is essential to state that in any government, there are various branches that exercise distinct functions. Judiciary is an armed government that exists in any democratic setup. In Australia, Judiciary power is the authority bestowed on courts, judges, and other officials to decide cases and interpret the law.
Financial law in Australia has undergone numerous changes. The major reforms have been with the intention of achieving an efficient market system for both the bank and the customers. Most of the reforms have been targeted towards the resolution of disputes throughout of Court mechanisms, licensing of financial service providers and having a regulatory arrangement to offer directions in financial regulations.
In a contract, time will be of the essence where the contract expressly provides so and the parties have agreed. According to the case of Hadley v Baxendale [1854] 9 Exch. 341 damages are recoverable where at the time of making the contract both parties knew that loss would occur as a result of a delay in performance.
The issue, in this case, would be whether there was a contract created by the postal communication between Ian and Ben. Another issue would be whether Ian’s email would override the acceptance made by post such that the acceptance would be effectively withdrawn via email. Could Ian after attempting to decline an offer bring an action for breach of contract?
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Trees can clean the carbon dioxide in the air, when the trees are cleared, they are a higher concentration of carbon dioxide in the filling of the atmosphere and this contributes to global warming. When trees are cut down, the land remains bare and these bear lands are prone to erosion not only spoiling agricultural land but making it health hazards for human inhabitants.
The insurance company had sought to also show that the claimant had not been wearing a seatbelt and reduce his damages further. Similarly, In Wills v Bell & Ors [2002] QCA 419, the heavily intoxicated car driver rammed his car into a post. As a result of the accident, the driver and the plaintiff suffered serious injuries to the head and chest.
The concept of complementarity re-energies the various states that are parties to the Rome Statute and offers them support towards ensuring that justice is served. The Rome Statute has been the international treaty that spearheaded the establishment of the International Criminal Court on 17th July 1998 to handle crimes.
The majority of judges held that the Commonwealth government’s decision to prevent the construction of the dam was legitimate that the newly enacted World Heritage Act was legitimate under the "external affairs" power, and that despite other sections of the Act being invalid, the provision that banned the construction of dams was legitimate.
A director refers to a person who has been appointed to that position in a company. Section 9 of the Corporations Act defines directorship. A de facto director and a shadow director are also described as directors under the Act . Directors are the agents of the company; they control and manage the affairs of the company.
The oral customs of Aboriginal peoples apprise Aboriginal law with the landscape comprising a section of the law. Given that Aboriginal law is very distinct from the common law, it can be challenging to understand. The legal system of Australia does not provide guidance on how to behave in all facets of life, but the Aboriginal law does.
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The main function of ITTO is to “promote international trade in tropical forest products and services as well as focusing on sustainable forest management”. Both ITTA and ITTO work together in encouraging member states to develop coherent national policies that can be used to sustainably manage and conserve forests.
It is ideal for Chesters to return for tax purposes on accrual grounds. As explained in the case, Chesters does not only make sales on a cash basis. Indeed, apart from cash, there are clients who make their payments via credit cards and such external financing options as chattel mortgages and personal loans.
This LG Electronics new building has been designed in such a way that the bottom floor will house administration and management of staff and operations, while the top level of the LG Electronics new building will house the company’s research and development laboratory. The most common security risk that can occur is through an access control system.
This essay deals with issues relating to establishing a breach of consumer guarantees for services, under the provisions of Australian Consumer Law (ACL). This area of consumer law is addressed by a number of cases that clarified the issues required for raising an argument against breach of consumer guarantees, as well as exemption clauses relying on the provisions of consumer guarantees under ACL.
The judgment of the High Court in this case gave rise to the support of Commonwealth environmental laws with the use of external affairs power, to the disadvantage of the regulatory powers of the State. This case caused a lot of tension between the States and the Commonwealth up until the 1990s when cooperative federalism was introduced.
This case is about Candy, the proprietor of a Candy Coffee Cart who enters into an oral agreement with her old friend Blair for the supply of coffee beans and a written agreement for the lease of a brand new, state-of-the-art “GrindrLux 9001” espresso machine. Candy signed the espresso lease contract that had no end date for the lease.
The damages emanating from this case scenario include deadly cardiac arrest suffered by the patient due to the wrong administration of drugs. Secondly, the patient that suffered cardiac arrest was the main breadwinner of two young children. The medical negligence caused an untimely incapacitation or death of the children’s mother and provider.
The interview was successful as a result of my choice of participant Nancy Collins. She is a youth leader, a peer educator at the Australian Youth Service, well-educated, and has ten years of experience interacting and working with the youth. These are the major qualities that I considered when choosing the participant in my interview.
The Issue at hand is that Vladimir seems to have gone back on the terms of the agreement by now excluding electricity from the rent payment for the leased property. The issue is whether Sasha who has responded to the advertisement and is ready to pay the $1000 is justified in claiming that Vladimir offers the leased property at the advertisement price.
Generally speaking, the case between Allen, Barry and Cate is one that is related to contracts in business. A contract is an agreement that is legally binding between two parties. There are various elements of the contract that must be present in an agreement for it to be considered a valid contract.
Youth crime relates to the substantial usage of drugs, substances, and socialization processes within society. It is also ideal to note that society provides a platform for young offenders to execute their crimes. This is through increased accessibility to drugs, as well as existing privileges in the criminal and justice systems.
The rapid growth of insecurity and the increasing rate of violence experienced by people across the world, especially in major cities are among the major challenges affecting government sustainability. It is the duty of each local government to offer a safer and more secure environment for its citizens.