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According to section 1043A, insider trading is illegal and those who are found participating in it should face prosecution. The penalties vary from years of imprisonment to payment of fines according to section 1311. This is however dependent on the nature and extent of insider trading. The corporation acts 2001 clearly define insider trading.
The time taken to complete the process is usually longer compared to the other methods. The minimum duration is usually four months. This is unlike the other methods which take a shorter time of between two to three months. A wide range of corporate restructures can be achieved through the use of this method of acquisition.
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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 team doctor and the coach cannot also rely on the law to protect them since they perpetuated the use of a prohibited substance in the sporting business. The prohibited substance is not allowed for use by professional sportsmen it is a criminal offense to use such substance in professional sports.
The study is limited in that it only included mentally ill patients. There was no control variable in people without mental illnesses. The study also relied exclusively on self-reports in gaining personal information. This report may have been biased considering that the mental status of the individuals is questionable.
Research by Sloan (2003) reveals that approximately 20% of adults in the US smoke cigarettes. Notably, cigarette smoking is the leading cause of death that can easily be avoided. Significantly, Anti-smoking advertisements rarely pop up all over the country, habitually showing the detrimental impacts of tobacco such as graphic pictures and startling images (Sloan, 2003 p.p 65).
The United States repeatedly threatened China in the 1980s with economic sanctions and opposed the entry of China into the World Trade Organisation as well as perpetuating trade wars. The threats eventually caused the Chinese government to comply and sign intellectual property agreements in 1992, 1995 and 1996.
The author uses data which is recent thereby making the research quite useful as it reflects on the true nature of Vancouver city. This is based on the results from the recent census done in Vancouver depicting the population of Vancouver. Therefore, this allows the author to get a clear reflection on the unemployment rate within Vancouver.
According to Israel (2005), there are four main ethical issues in criminology that confront social scientists. These issues include informed consent, confidentiality, various relationships, and harms and benefits. Even though some of these issues confront criminologists, the same issues also affect anthropologists, sociologists, educational researchers, psychologists, and qualitative health researchers.
This journal by Archer et al (2006) provides vital information pertaining to admissible evidence in criminal-oriented cases. Forensic Psychologists serve a monumental role in the determination of the kind of evidence that could be used in cases in courts. The journal follows the research that was conducted by Archer et al (2006) amongst 152 participants in the field of forensic psychology.
It is an apparent fact that there are diverse ethical issues that are evident in research undertakings. This is founded on the fact that the research process creates massive tension between the goals of the research towards making generalizations for the good of others, and on the other hand the rights of those participating in the research to maintain privacy (Orb, Eisenhauer & Wynaden, 2000).
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.
According to the Report of the Commission on Intellectual Property Rights, we are still a long way from achieving the goal of utilising intellectual property laws to assist global reduction in poverty, fight disease, improve maternal and child care and promote access to education as well as contribute to the sustainable development of developing nations.
The discourse of free trade and its exact reverse, protectionism has been a subject of global discussion over the years. On numerous occasions, it is common to hear a country claiming that another country is selling its export product to the receiving/ importing country at a lesser price as compared to the prices within the exporting country.
The Essence Pty Ltd is a Victorian company that manufactures and supplies skin care products. A retailer in Adelaide has raised a complaint that Essence Pty Ltd is actively preventing the retailer from discounting any of its products. Specifically, the company cautioned the retailer from carrying out any sales of their products at a price that is less than what is specified by the company.
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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.
Based on the facts Adele is guilty before the law of killing the husband, and the prosecution has pressed for murder charges as stipulated by s3 of the Crimes Act 1958 (Vic). Under this Act, the case of murder will only be considered under four categories. The first category is defined as intentional murder and involves a situation where someone carefully plans and set outs to cause grievous bodily harm or to kill.
In May 2009, the Human Rights Committee expressed several concerns. The committee issued its concluding remarks on Australia as follows; the indigenous people were not sufficiently consulted during decision-making processes, an issue that could have been solved if a national indigenous representative body had been formed
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.
Mary, an owner of a hotel/night club realized that the performance of her business had been low, and hence, she decided to promote it by hiring entertainers. She contacted Joe, a promoter for a boy band known as “No Direction” and proceeded to sign a contract with him. With regard to customers’ preferences, Mary confirmed from Joe that the band would perform their famous “love” songs.
The media comes in different forms ranging from the Internet to newspapers and therefore, it is impossible to understand a world without media. Since media has become an important organ in human life, it is important to pass legislations that address the concerns of individuals, organizations and other organs that are important in ensuring the world operates effectively.
International arbitration has evolved into a significant cog in the administration of justice in commerce and trade, especially on the international front. The role of international arbitration tribunals in stabilising and furthering international commerce, trade and industry cannot be gainsaid and therefore, should find support from all countries.
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.
The criminal justice system greatly relies on eyewitnesses in order to establish the facts that surround criminal occurrences. Eyewitnesses might recall conversations, remember various details, or identify culprits. It is argued that an eyewitness with no intention of lying is considered a strong mode of proof for jurors, particularly in case the eyewitness seems to be extremely confident concerning the recollection.
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.
Contractual agreements form the cornerstone of relationship building in any form of engagement within an economy. These agreements outline the contribution of each party to the relationship. Since most human engagements are built on relationships, contractual agreements are important to the growth of an economy.
The law has been criticized for creating opportunities for individuals to fake automatism, hence increasing risks of a miscarriage of justice. As a defence in criminal law, automatism has raised important issues such as how far the expert witnesses can assess human behaviour and how far they can influence the outcome of the case.
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The aetiology of mental health challenges such as depression is significantly complex and multi-factorial. As such, an effective understanding of both risk, as well as protective factors of depression, requires a biopsychosocial model which takes into consideration the interaction as well as the relationship between many varied factors.
Whereas the AG is largely viewed as a defender of the judiciary and an advocate for the rule of law, the AG is also expected to maintain a coordinated effort between the three arms of government and ensure a harmonious coexistence, especially for the central purpose of maintaining public confidence in the rule of law.
In any proceedings, it is mandatory under statute law and legally to give the other party sufficient time to determine whether they would consider an out-of-court settlement or proceed with the suit. The out-of-court settlement can include arbitration, mediation or family reconciliation before litigation.
This work evaluates the effectiveness of carbon emission reductions, with respect to Australia and Saudi Arabia. In the introduction part, some of the important issues relating to the present topic have been discussed. Thereafter, an analysis of the strategies relating to carbon emission reduction in Australia and Saudi Arabia has been made.
The role of international law in global politics has frequently been analyzed with critical inferences to the actions of the U.S. and other superior economies in Kosovo, Iraq, the invasion of Afghanistan, and most recently in the North African state of Libya. The afore referred actions have borne contravening consequences for international law, particularly in the meaning and relevance of the use of force and underlying political consequences.
Corporate social responsibility ensures the alignment of business behaviour and values to strike a balance between developing and improving business wealth, with the sole intention of improving society, the people, as well as the whole world. All this is done because of corporate social responsibility assuming the role of corporate citizenship.
One would consider colonization to be a tool used by the western nations under the pretext of bringing civilizations to the natives of a particular place in order to acquire new territory. In history, the search for ‘new lands’ by explorers led to the occupation of unchartered territories since they reported that the lands were unoccupied.
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.
Female infanticide refers to the deliberate killing of infant girls because of the preference attached to male counterparts as well as the low value attached to females. This phenomenon remains a serious concern in many countries, the worst hit being China and India. Just to reflect on this practice historically, it is important to note that female infanticide existed in China even before the formation of the People's Republic in the year 1949.
Reginald Emmerson had a substance abuse problem and had been convicted on three occasions of offences related to drugs: in 2007 for 4 counts of drug possession and 1 count of self-administration of drugs; in 2010 for 2 counts of drug possession, and; in 2011 for 1 count of possession and 1 count of supplying of prohibited drugs.
With the advent of the Internet and other communication technologies, it is also possible for perpetrators of gendered violence to target boys and girls as well as men and women. This paper aims to describe the various ways in which the Internet and other communication technologies can facilitate gendered violence and abuse.
Over-representation of indigenous people in the Australian criminal justice system is well established, although the extent of over-representation varies between individual areas (Carcach and Grant, 1999, p. 6). Over-representation results when there are more members of a particular group apprehended in the criminal justice system than would be expected in regard to their population percentage.
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This research is referred to as qualitative because data that is collected in the process is not numerical. Qualitative research approaches are based on a holistic perspective based on the belief that there is no single reality, and that reality is essentially based on the unique perceptions of every individual.
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Community policing on the other hand ensures that organized crimes are reported and hence its prevention. Initiating the people in income-generating activities also has positive impacts on the prevention of crime. However, poverty and lack of resources are among the challenges that hinder the prevention of crime by the communities.
Australasian Groundwater and Environmental Consultants did an impact assessment with the objectives wanting to study the impacts on the groundwater regime as well as those on water users to estimate the quantities of predicted inflows into the areas where the mining takes place in the whole of the life of the project.
The importation of illegal narcotics is one of the leading crimes in Australia (“Australian Bureau of Criminal Intelligence” 2002, p.3). According to Paoli (2004), illegal drug importation issues are not only rampant in Australia but all over the world. Most Australians are aware of the existence of drug traffickers, but might not have a clue as to how widespread this border issue has become.
Pak had set its prices to hurt other companies. This will result from selling below the production prices thus earning losses. The commission confirmed the charges because it was proved that the company was earning losses. To the commission, such pricing was aimed at limiting competition and pushing competitors out of the market.
A valid agreement must have an offer which is an expression by one of the parties of their willingness to be bound by certain contract terms for instance in the case of Storer v Manchester City Council (1974) the Court of Appeal stated that a contract existed because the communication was intended to be binding upon acceptance.
This paper examines the fundamental laws that underlie a contract between a case scenario of Pat and Big Industries. It reviews whether a valid enforceable contract exists between Pat and Big Industry, the terms of the contract, the effects of a phone call to modify a contract, the legal actions that the parties can partake and lastly, the remedies the parties may rely on the contract law.
In the selective tendering method, a council must publish the invitation in the relevant newspaper asking interested contractors to submit their bid for the particular proposed contract. In the advertisement, the council must indicate a Brief description of the nature of work, service, goods, or property involved.
From the case study, there is a valid enforceable contract between Pat and Big industry ltd. We have been told that both parties met and signed a contract where Pat had to create four system programs that he would complete within the specific time. Big industry ltd agreed to pay Pat $25,000 when he delivers the work.
It is essential to state that the Dividing Fences Act 1991 sets out the rules regulating how the cost of a dividing fence, a common fence that separates the land owned by adjoining landowners, can be shared among the concerned landowners. It also specifies the types and specifications of the fence.
A contract is a legal and enforceable agreement that binds two or more parties to perform particular obligations and when a party fails to meet the obligations stated then that party would be in breach of contract. On April 1st Pat a computer software consultant entered into a written services contract with Big Industry Ltd to write four computer programs for use in the automated manufacturing companies.