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The enforcement of Intellectual property law in Australia is the role of the Attorney General’s Department which provides advice to the Attorney General on issues of copyright law. The Ministry of Tourism, Industry and Resources is also charged with the responsibility of industrial property law to protect the people of Australia from any external harm.
Characteristics of a victim and an offender together with the circumstances in which a crime was committed influence how society reacts towards the victim to give them a valid victim status. An ‘Ideal Victim’ is one who gets the most sympathy from society. The individual has to have power and visibility that is convincing to society as an ideal victim.
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It has been observed that the city before the 1900s the city had a very vibrant management team that always ensured that environmental issues were observed without ado. After 1911 the new leadership of the city was seen to be very reluctant on issues pertaining to environmental conservation. This was seen as a very big challenge to the city in as far as environmental conservation is concerned (American Water Works Association 2002).
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The most recent report by the Aboriginal and Torres Strait Islander Social Justice Commissioner (ATSISJC) reveals that the number of indigenous women in custody is growing fast among the prison population. The report further suggests that there are complex causes for the increase and the numbers vary from one jurisdiction to another (ATSISJC, 2008).
When Joanna decided to have the annual pay for her charity Wishkids, she wrote a note to Rita where she wanted to contract Rita to direct the play for a payment of 10% of the ticket sales. Rita expressed the desire to direct the same but cited some conditions that, it will be possible if the date for the play will not crush with her business trip to Perth. She was to give a full report on the date for the trip on Monday.
The attorney is concerned about establishing the intention for such acts that must have resulted in debilitating fraud. He is suddenly aware that instead of insisting that Mr Young is the offender, Mr Smith should focus his efforts on assisting the forensic accountants to access the files in the President’s office to establish a case.
These qualifications of the implied terms are difficult but important as there would be no other reasonable way that the conflicting parties could have settled their case in a court of law. In Australia, this duty is an obligation to both the employer and the employee as the employee is required to be faithful, and obedient.
Given that there are different legislative frameworks put in place to deal with offenses, the police that is not well-versed in the law may find it hard to determine an appropriate framework to adopt. In many instances, the police will resort to their own devices such as colleagues and personal experiences, case law and orders received from superiors.
Southeast Asia, among the most dynamic regions/places globally, has been highlighted not only as facing rising threats but also as security challenges including territorial conflicts, the proliferation of mass destruction weapons, nuclear armament, international terrorism, and organized, transnational crimes.
A criminal effect does leave an effect trace in the brain of an eyewitness. However, it is worth noting that, just like any other evidence, even memory evidence can be contaminated, lost, destroyed, or otherwise be manipulated to produce results that may lead to an incorrect reconstruction of what had happened (Behrman, & Davey, 2001).
In this regard, the court ruled that the invention made by the employee belongs to him and not the employer, unless it was stated in the contract or the person, was paid to do so. These cases show that a court/judge can incorporate interpretations that were not initially outlined in the employment contract.
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Ginsburg (2006) proposes that as much as international law has not been immediately relevant to the Australian legal system and politics, it has grown its significance in various areas. The issues of trade, crime, human rights, climate change and terrorism have led to a growing significance to international law.
It is essential to state that international law relates to a set of principles and rules that govern the relations between states, as well as international organizations in their international relations with each other, and with transnational companies, private individuals, and minority groups (Beckman and Butte 1).
The law of tort refers to an act that is crooked or wrong, and for which the plaintiff can claim compensation from the offender for the civil wrong that was committed. Tort law seeks to avail justice for persons who experience a civil injustice from others in form of their acts of omission to perform the required acts of them.
One of the legal issues that arise in this case is the termination of employment. This raises two critical issues that relate to termination of employment. The first issue is the termination of employment without notice. Common law states that employers may terminate the employment of their employees without notice.
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The trial judge found established a constructive trust based on promissory estoppels over a house while the Full Court established a detriment for Robert’s continued to labour, employment and share in the partnership and declared a constructive trust for parents to achieve farm subdivision to convey the lot as promised based on promissory estoppel.
The law firm has eighty staff, and plan to hold a luncheon and perhaps give gifts to the employees. He has three options; to have current employees attend only; current employees and their associates attend at a cost of $180 per head to the firm; current employees, their associates as well as some clients at a cost of $365 per head.
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.
In the hypothetical, Siri a molecular gastronomist developed an edible protein that she nicknamed “Truffleflesh”. She developed her product at her day job as a training chef on a reality TV cooking show “The Hungry Games”, using equipment and stationary from the show. To test her product, Siri used Truffleflesh on the mushroom, truffle and sage amuse-bouches that she served at the Hungry Games season finale cocktail party.
Section 180 (1) of the Corporation Act 2001 is unusually harsh on directors or officers who take an entrepreneurial risk on behalf of the company. In this case, however, the directors are not in breach of their duty of due care and diligence, as the decision to import the Coco uninsured was based on a good business judgement.
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Generally, it is essential to state that the principles of good decision-making are the foundations that lay the standard of practice for all institutions, which states how people will conduct themselves in carrying out their duties, and lays the criteria and procedures which all processes should follow.
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Hurd (2011); Cryer (2005, p.986) observes that international laws/ treaties and organizations are significant in world politics. They can curtail state sovereignty or enhance the same. Hurd (2011, p.4) notes that they help define what states are and how they work. The interesting note is that even when a state violates the provided guidelines, it can’t ignore these bodies totally since they are aware of repercussions.
With regard to Edward Snowden and the rule of law, professor Stone puts forward diverse reasons towards underpinning his standpoint regarding Snowden's criminality. The primary foundation of Stone’s argument concerns the tenet that no government official with an unelected tag on him should arrogate himself or herself the obligation to make information disclosures regardless of the perceived benefits that such pronouncements may have.
The legal profession and practice of law in New South Wales are governed by two pieces of legislation that are created and subsequently amended by the Government, together with a non-penal but binding code of conduct that is a creation of the Law Society of New South Wales. The Legal Professional Act 2004 started working on October 1st, 2005 and is in charge of regulating in New South Wales region.
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As earlier indicated there is not much literature on the subject and, therefore, this research proposal will rely heavily on secondary materials, such as newspaper articles, journal articles, books, and press releases of both the UAE government and the bidoon and the agencies supporting them as well anecdotal narratives of the bidoon people cited.
According to Defining Small Business (2012), the company is governed by the Australian Securities and Investment Commission (ASIC), the regulatory body that protects consumers as well as businesses to ensure the companies operate by the law, report their activities and maintain the proper records.
Abbott and Snidal (1998, p.3) note that international organizations such as the United Nations (UN) Security Council, the World Bank, the International Atomic Energy Agency (IAEA), and the World Trade Organization (WTO) just to name but a few play an integral role of managing everyday interactions as well as more dramatic episodes such as international conflicts among states.
International case law has had several influences on the Australian position considering the court’s decision to include mutual trust in contracts of employment. Most of these international cases originate from England where most industries pay attention to the mutual trust and confidence term implied in the employment contract.
As a result, most of the agencies have come up with systems to protect these children and the children’s rights well outlined in the law courts and the family courts all over the world. Though most of these laws are ignored. It should be the responsibility of every citizen to report such cases of violence.
The court held that there is a lot of care of duties imposed on directors of a company by legislation. Others have been imposed on directors by the common law. The company directors should have a duty of care to the company and should take reasonable decisions while performing their duties as directors.
Generally, Mr. NO-TIME is trying to state that if the matter goes to the court, a lot of time will be wasted as some trials can take a long time to conclude and hence wasting the time of the firm in settling other cases. It will also tie the attorney for hours and days in court while other cases are pending.
In addition, the director has the duty of questioning the staff members on the progress of the business regularly to establish if the organization is performing well or not (Beinhocker 2006). Before the director faces disciplinary action by ASIC, he or she has the right to question other staff members on how the company is going.
Serial killers like Gacy are driven to engage in heinous acts due to some psychological factors which motivate them to harm others. Two doctors who had examined Gacy when he sexually assaulted a teenager, Donald Voorhees, in 1967 concluded that he suffered from an antisocial personality disorder. Sullivan and Maiken.
When the bonds are strong a child is less likely to engage in juvenile delinquency. According to the theory, everyone has the potential to be criminal and delinquent and it is only social controls as opposed to moral values that result in the maintenance of law and order. In the absence of controls, one can easily engage in criminal acts.
According to Annie, Wakefield has been mentioning mediation to take care of their son together. As defined in the Family Law Act mediation is a process by which parties engage in family dispute resolution with the help of a person qualified and registered as a mediator. There should be a written statement on how the mediation should be taken.
A carrier or cargo owner has a significant obligation to deliver goods as agreed in the contract of carriage arrived with the shipper. This is indeed among the primary objectives and the key issues of carriage of goods by sea. Through the completion of the delivery of goods, the obligations of the parties to the carriage contracts are consequently discharged.
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According to George and William (2001), the decline in crime rates in New York City especially in the last decade of the 20th century was a result of a collective effort by the inhabitants of New York and the police force in implementing policies and police strategy, alongside tactics initiated by the Mayor and his police commissioner William Bratton.
Division 2 Section 21 deals with the recording of convictions and it states that when a youth is found guilty of a major indictable offence the court would record a conviction of the offence unless the court gives special reasons for not recording is given through a formal record in the Court's judgement.
Juveniles do not usually have a legitimate right of seeking bail; however, most of them are released to their guardians or parents before they are arraigned in the juvenile court (Carrie & Repucci, 2001). The minors usually have a right to counsel and in case they cannot afford one, a state-appointed counsel represents them.
Although the Court of Appeal was invited to overturn the findings it did not do so. The court concluded that there was enough evidence to rely on the findings as fact. The Court of Appeal put a lot of weight on the trial judge's advantage of assessing the witnesses as they brought forth their evidence.
As earlier indicated the universities were not intended to be subject to the legislative powers of the Commonwealth but they fell within the scope of state power. The role that was played by the State in higher education provision as provided by the Constitution was to legislate for the benefit of students and taxation.
The preamble of the juries during the 19th century into the colony of Britain in Australia played a greater role in pushing the country toward a more organized democratic government and the enforcement of the rule of Law. It provided ordinary people with an essential role to play in the management and practice of justice.
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.
For directors to carry out their duties well it is crucial for them to be fully aware of the various duties and responsibilities expected of all directors. A director owes a company a duty to act in the manner that he or she honestly believes to be acting in the best interest and with the purpose of benefiting the company. Basically, the duties expected of the directors of a company are clearly stated in the general law and Corporations Act.
With the understanding of the above laws regarding terrorism in Australia, Janey may be charged under the Suppression of the Financing Terrorism Act 2002. This is attributed to the fact that due to her naivety and desperate situation, she readily agreed to leave a bag outside Parliament House.
Historically, there have been many estoppels but labelled differently though most were the same. There could be two main varieties of estoppel; namely, the common law estoppel and the equitable estoppel. The Common law estoppel is described as representing an existing fact or a fact in the past that is not of intention or even law.
Some of these rights are the right to life, the right to freedom from slavery, the right to be free from torture, and freedom from the application of retroactive penal laws. In addition, such asylum seekers have the right to be free from arbitrary detention; and freedom of conscience, religion, and thought
This document is an exploration of one of the most disturbing aspects of a contract. This aspect is the sufficiency clause that makes a contract enforceable. The past cases have been relied upon heavily to provide some illustrations of the applicability of that clause. Moreover, as an extension, the issue of nominal consideration has also been elaborated.
This academic journal is intended for both students and practitioners in the field of psychology or criminology. In this article journal Eakin, Schreiber and Sergent-Marshall conducted 5 experiments in their investigation on how disclosing false post-event information impacts individuals’ capability not to remember information from a witnessed incident.
The amendment was done hurriedly by the Howard administration and it highly favored the businesspersons and employers through the abolition of unfair dismissal and wage restrictions. According to the administration, this was supposed to be an economic incentive to encourage more investments and create more job opportunities.