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In reaction to the remarkable rise in United States imprisonment rates and more modest rises in numerous other countries, social scientists have increasingly united with criminologists in an effort to explain the increase in this criminal strategy. Identifying that rates of crime alone can't explain the increase in imprisonments in several nations.
Community policing is the partnership between the police and the members of the public for the purpose of fighting and preventing crimes within the community. It may involve a partnership with individuals, or groups within the society. This partnership enables the flow of information between the police and the members of the community in order to combat crime.
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Negligence is a tort that is meant to compensate people who have suffered due to the slack judgment of others. It exists in law to make sure people do not neglect the duty of care they have towards their neighbors in their actions and omissions. Max can be said to have owed Hope a duty of care while advising her about the viability of Bruno’s as an investment opportunity.
The rules must be set in advance and applied without exception. Historically Laws were developed in order to promote justice in society as well as to guide the conduct of human beings. In the past decades, justice received ample civil, administrative and criminal jurisdiction in the courts and this was a reflection of the royal power over the subjects.
It is quite essential to state that the first case, which is preceded by Justice J BUTTON, is a case that involves R V John Visser preceded in the Common Law Court. The case, which commences at exactly 10 am, on 5th September 2012, was in court 11D along the court of NSW 184 Philip Street, in Sydney.
The sole function or interplay between these factors has been credited for the elevated crime rates in different counties and the eventual trend towards increased imprisonment of offenders. Nonetheless, there are a lot of variations in the imprisonment systems between different countries on the global platform.
Australian law covers a lot of aspects, which it addresses through its chapters. The aspects that are covered within Australian law include legal systems, business, family law, business agreements and international relations. This paper will discuss and analyze the various aspects of Australian law including the legal systems, contract laws, tort laws and business structures as they exist within the law.
In order to advise Ken regarding his rights and liabilities in the context of the termination of his contract with Excavations Machines Pty Ltd, the following issues have to be considered. Whether the statement made by Excavations regarding the capability of the excavator constitutes a term of the contract.
Generally speaking, history has its own records and among them are the most prominent articles covered by the media. There have been crime and/or criminal events which always takes a chunk of space. In today’s society crime has been covered almost on a daily occurrence and taking a replica of events of the past.
Contracts are pacts that two parties enter of their own free will with the aim of developing a legal liability that can be done orally or in writing (Carvan, 2002). More often than not, parties opt to sign contracts in order to ensure each party is committed to the agreement and they are able to fulfill their part of the mandate or part of the deal.
A breach of the contractual agreement does give different parties rights within it as well as a court can give different remedies both in common law and in equity. The main subject or issues in contention between Larry and Tom is the lease agreement issued by Tom, registered for a period of 5years that commenced on 1st January.
The government has enacted laws that will mean testing the private health insurance offset as of 1st July 2012. Means testing is a procedure used to determine those in need of help and how much of it they need. In this context, means testing is applied to the incomes of holders of private health insurance to determine those who are eligible for a tax refund and how much of it they will receive.
A contract for the sale of goods can be defined through articles 30 and 53 of the CISG. The former states that: The seller must deliver the goods, hand over any documents relating to them, and transfer the property in the goods, as required by the contract and this Convention.’ While article 53 states that: ‘The buyer must pay the price for the goods and take delivery of them as required.’
At around 5 am on Monday, a robbery occurred involving a commercial business area of the suburb of Willow Ponds in Western Australia. The following day, what followed was an inversion of the area by the police officers in a bid to obtain evidence that leads to the crime. In the meant time at 08:30 am that day, the police entered Tom’s business, Auto mechanics which was next to the crime scene.
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Patience has been cited as one of the single most important qualities that both the mediator and parties to the mediation can bring to the process. Ideally, it is patience that enables the mediator and the parties to let the entire mediation process evolve to a point where the parties can communicate effectively with each other and hence negotiate for an amicable deal.
Most of the crimes recorded in different neighborhoods have, allegedly by default, been associated with men. Meanwhile, cultures had confined women as the weaker sex, especially in the event where major household decisions (Doepke 2008). There were existing paradigms that women were not supposed to carry out administrative duties in society (Karabekir 2004).
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The human rights groups which include both local and international organizations and people and the stakeholders in the public health sector who form part of the stakeholders in the issue of mandatory detainment are more keen and concerned with matters pertaining the safety, basic human rights, and living conditions and standards of asylum seekers.
The ICRC professes not to take any sides among the participants engaged in any conflict. This claim of neutrality has been recognized and sometimes disputed. Armed conflicts that have occurred in different parts of the world have led to some people criticizing the idea of neutral humanitarianism while others have challenged the possibility of developing a platform for neutral humanitarianism.
However, within recent decades, practitioners and researchers within this field, have begun to question this deficit-based approach and have moved to a holistic model that basically focuses on individual strength. Since its introduction, the strength-based approach has contributed greatly in the area of counseling.
Article 2 of the UN Convention against Organized Crime defines an organized criminal group as a structured group of 3 or more people who have come together with the objective of deriving material or financial benefits through conducting serious unlawful offenses. The phenomenon of organized crime has emerged at a global scale and is not essentially exclusive to a particular geographical region.
In addition, this paper tries to look at the rights of the patient (Phillipa) in case she gets involved in an involuntary admission to a mental health service. Introduction A mental condition is characterized by a clinically substantial disturbance of a person’s thinking, perception, or mood. During an assessment, a decision that an individual’s mental illness shall depend on internationally accepted medical standards.
In the system of civil law, there is a division between movable and fixed or immovable property. Movable property is generally linked to personal property, whereas permanent property is majorly associated with real estate commonly referred to as land, and the corresponding rights and responsibilities thereon.
V-soarers are a range of winglet accessories for all kinds of small passenger aircraft that operate in Australia. It includes both propeller and jet engine crafts. The VS accessories are made of special high-tech composite materials that usually improve the fuel efficiency of the aircraft once fitted.
There has been increased trade between Australia and New Zealand in terms of volume and value in recent times. Although the significance of each country’s trade accounts to the other is different in this time when CER has been in effect. An increase in merchandise exports from Australia to New Zealand in the wake of the CER introduction, although this has since decreased to 3% is illustrated.
Hope a former Pastry Chef wanted to purchase his own cafe on Bindi beach. In making the purchasing decision she consults Ella, a real estate agent and Veronica an accountant who advises her that Paradise retreat is a reasonable investment. Relying on the advice of the two professionals she goes ahead and makes the purchase.
The conflict that I will describe here happened in a small organization after my friend had assisted that organization in developing a computer program. As I learned from Jeong (2010) solving conflicts eliminates the occurrence of destructive conflicts and enables the involved parties to improve their relationship towards each other.
Duty of care is the responsibility to oneself, fellow workers, and everyone else in the workplace. Duty of care is violated if a worker decides to behave in an unreasonable manner when faced with a situation (Quality lifestyle alliance, Inc, p. 1). Duty of care can be violated either through failure to act or through an action that is contrary to the law.
Concerns relating to power and status pertain to the realm of retributive justice; whereas, concerns regarding shared values principally relate to restorative justice. It is important to realize that this process is critically dependent on the understanding that the involved parties entertain regarding their identity relation (Wenzel, Okimoto, Feather, & Platow, 2008, p. 375).
Charlie and/or Harley are seeking legal advice on whether they are able to take any action against Max following advice offered by Max to Charlie on the purchase of a restaurant. The argument should be based on the law of negligence. I wish to argue from two perspectives; Charlie who sought advice from Max and Harley who did not participate in seeking advice.
Negligence claims before courts of law are often characterized by difficulties in determining the value to attach to the various factors in consideration. While in the past certain principles and guidelines were applied to establish a duty of care, its extent, and the person to whom that duty of care was owed, the law and practice in courts have evolved to require the use of a test of reasonableness to establish this.
A legal practitioner is expected to have good professional conduct as well as personal conduct with respect to their practitioner's duties; both to the law, to the courts, to clients as well as to their fellow legal practitioners. Jake Stevens is a solicitor admitted to working as a solicitor in the firm of Scullards Lawyers of about 12 solicitors.
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The organizational demands for the protection of employees’ safety, as well as health, have led to the development of OHS legislation. Moreover, the inadequacy in the ability to control hazards, alongside risks in the environment has led to the introduction of various systems that compensate the workers who encounter an injury that is related to the work they do.
One of the cardinal principles underlying ecologically sustainable development is that polluters should pay for the harm caused by them to the environment. In addition, this principle ensures that goods and services that contribute to the pollution of the environment are better assessed from an economic perspective.
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Under Australian statute law, Adam can be found guilty of burglary if it is established that he entered Andrew’s building or part of a building as a trespasser with intention of stealing something within the building or part of the inquiry, committing an offense, assaulting an individual within the premises or part in inquiry or damaging the building or property within the building or part in question.
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The level of crimes particularly hate crimes has increased steadily but significantly as noted by McDevitt, Levin, and Bennett, (2002). Although the crises of hate crimes are currently making headlines in the global media and press and it is among the priorities in political agendas, hate crimes are hardly a new phenomenon.
A blood feud is an ancient practice by some communities in Pakistan and Albania. People who practice the phenomenon do that for various reasons. They engage in blood feuds in order to restore their damaged reputation, seek justice for offenses committed against them, regain their honor, revenge their offenses, and warn others against violations of other people’s rights.
Individualization and modernization occurrences in the global atmosphere will rarely require a similar impact on the children as compared to other groups in society. The way children are allowed to use these places of children in their living environment usually gives a large degree of determination of their social, economic, and cultural development over their childhood.
The case of Mike & Jenny highlights the manner in which Mike who is going to work in Nigeria for 3 years wants to be treated as a nonresident Australian and is ready to carry out the necessary actions so that his income is not taxed and he enjoys the tax benefits. He has to look towards different areas and needs to abide by the different instructions that the accountant provides him.
Mary's natural father was a heavy drinker and a violent man who later left when she was 9. Her stepfather even made things worse as he was abusing her physically and sexually. Sexual abuse is the reason she believes made her elder sister, 18 run away from home when she was 16. Her mother, who goes drinking with her stepfather, neglected them emotionally and physically.
Terminal sedation, is in general, deemed to be a medical intervention that in isolation cannot be considered to be an act of euthanasia. From this perspective, terminal sedation can be construed to be the treatment provided to a patient, in whose case, other palliative treatments have proved to be deficient.
Part 1 will illustrate how well you can express yourself in an analytical way. Part 1 assesses the learning skills associated with the module. You should have completed the module Time Out activities before attempting this assignment. You must demonstrate your ability to address the legislative and procedural issues relating to the management of the incident and management of the scene.
Various definitions have been brought forward to explain the meaning of mental health problems. According to American Psychiatric Association (1994), mental health problem is characterized by significant dysfunction in the individual emotions, cognitions and behaviours that depicts a disturbance in the biological and psychological processes underlying mental functioning.
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Until recent times, there were stringent limits on the transfer of professional football players between European clubs. This was founded on a rigid system that restricted the functions of the free market based on the fact that there were regulations and rules which constrained the terms placed on such transfers.
According to the world health organization, mental health is “a state of well-being in which a person realizes that his or her abilities are capable of dealing with normal stresses of life, can work productively and fruitfully, and is able to contribute to his or her community.” Hence mental fitness is not just the absence of mental disorders (Farrell, C. 2010).
According to Australia’s Ministerial Council, an illicit drug refers to any drug whose possession, sale, or production is prohibited. Illicit drugs include heroin, marijuana, cocaine, and ecstasy, use of volatile substances as inhalants such as petrol, solvent, and glue as well as the use of prescribed drugs for non-medical purposes (MCDS, 2004).
This report presents a plan for the re-vegetation of Bush forever site 325 (WALGA, 2012). Various issues will be discussed in the report among them the trade practice laws and policy on customer service, cultural and environmental factors of the project area, characteristics and requirements of plant species and cultivars and the Project safety precautions, and Occupational Health and Safety Requirements for the workplace.
Different countries follow different legal systems. The legal system followed in different countries depends on numerous dynamic factors. However, the shaping factors that can be said to have contributed to these developments include academic developments in the legal fraternity, political systems, social dynamics, religion, colonization, and globalization among others.
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Since 2002, the Standing Committee of Attorneys-General (SCAG) has engaged in deliberate reform efforts meant to review the Uniform Acts. However, the reform efforts stalled in 2007 owing to a lack of consensus among the different states and territories regarding the amendments needed in the legislation.
The Corporations Act rule explains the roles of shareholders and directors in the decisions they make in carrying out transactions of a company. There are duties that are appointed to the director and they include general duties under common law to exercise power with due diligence and care, he also has the mandate to manage and conduct the business in the best interest of the company.
Under the law of tort, for one to claim that the cause of action is due to an act of negligence, the plaintiff must prove beyond reasonable doubt that the defendant has a duty of care to the plaintiff and that the defendant; in one way or the other breached the duty of care, that the negligence of duty was the sole cause of the harm to the claimant, and that the plaintiff suffered or was harmed (Beever, 2009).