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The use of the binding precedent principle then does require a stringent and detailed examination of the facts of the current case as well as the facts and reasoning for the case which made the precedent. It is important that when the binding precedent principle is being applied to a case for the judge to examine the precedent for any injustices.
Further, one can also become a resident after being in Australia for more than half of the income year and if he/she is an overseas student who enrols to study a course lasting for more than six months. 1. An Indian IT consultant who accepts a four month contract of employment in Australia between January 2013 and April 2013 and a further two month contract in June and July 2013 and returns to India.
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The first visible crime in this scenario is the lie spoken by the victim who was a -woman to the police officer jones that she has been robbed by a man. The lady has shown signs of abuse on her as she was bleeding and this led the police officer to believe her lie. She has done a prominent crime as a civilian as she has fabricated a story and taken advantage of the professional and ethical values of a police officer.
When it comes to questions regarding costs, the courts fail to decide on the side that has been unreasonable to refuse mediation. Such conclusions are not damaging or disastrous when compared to the use of ADR because it was open to both parties and allowed them to make ADR offers or without prejudice save as to costs.
Freedom of expression is considered one of the fundamental human rights which revolve around sharing ideas and assumptions related to an individual, a group, or anything else. This could be damaging to the reputation of public figures and therefore UK Defamation Law was made in order to safeguard the respect of people.
The National Weather Service had issued an advisory that Katrina would turn towards New Orleans-Biloxi. Louisiana State University Hurricane Center had warned of ‘leave overtopping for west New Orleans (Cooper & Block, 2007). The storm surge was more than 20 feet high and the death toll was estimated at 1,836 people.
At present, there is an oligarchy of four to five companies who run the nation’s prison systems nationwide. This does not leave much room for a smaller actor to get into the business, particularly as expenditures are usually the same for both public and private sector facilities, as based on federal standards in service provisions.
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The context of the Gobitis case was different and looked at fostering unity among the people of the nation. Barnette’s case was looked at from the prism of the First Amendment. As Hall and Patrick (2006) cited, justice Jackson reminds us that majority rule must be limited by the rule of law in order to protect the disliked minorities as much as the majority.
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In the story, the first warm day of spring sees Acting Police Chief Ruth Murphy in an exciting frame of mind. Ruth Murphy has just made it to the final group in the selection procedure for the post of permanent chief of police in New Derby. This is an economically divided and large suburb of Boston.
Today people increasingly depend on mortgage loans to purchase land/properties and to build homes. In order to secure their credit, mortgage lenders include strict repossession terms in the mortgage deed. It is observed that some complex legal provisions like restrictive covenants adversely affect land/property deals because such rules limit buyers’ rights on the property.
The policy in the joint venture provided for disputes to be settled through arbitration and there was even an attempt at the assignment of half interest in the contracts with two of the singers, furthermore, the agreement reflected the parties’ mutual concern to attain mutual financial stability as is often the case in partnerships.
One of the most important advancements in the laws governing professional negligence was the establishment of a duty of care in negligence laws under the landmark case of Donoghue v. Stephenson which saw the decomposing remains of a snail found in a ginger beer bottle mark the beginnings of modern laws on negligence.
The United States and the Arabic world have preserved the practice through their constitutions to give justice for the heinous crimes committed. While Sharia laws bring more religious related reasons for the death penalty like apostasy and sexual crimes, the bible has often been quoted to permit death penalty in the sense that one’s blood would be shed by man for shedding another’s blood.
This paper generally addresses the different approaches in profiling and how they are beneficial in aiding the investigation of terrorizing crimes within societies. Terrorism can be domestic or international, but all have the same characteristics, which include threatening, destruction through deaths, causing injuries, and intimidating society and authorities for their varying desires.
When the successful prosecution of a case relies on the evidence of a witness that is unwilling or unable to testify for one reason or another, it becomes the prosecution’s important task to ensure that this evidence is somehow delivered in the court of law. There are ways in which the investigators can handle the issue of an unwilling witness.
Generally, in the context of the modern-day scenario, where people are becoming quite busy in their personal life and get little time for other vital activities, taking assistance from others have become quite common. It is in this context that the aspect of agency relationship comes into existence.
Any program implemented by the police to solve neighbourhood problems will have greater success when the community is involved as partners. It is important that the police are seen as the helping hand to reducing crime of any type in the neighbourhood and that the police are there to help and not promote fear, except for the offenders.
The case involves a disco shop that sells a variety of products, both cheap and expensive. Its sales agents work on commission and are paid 20 percent for the sale of an expensive item and only two percent for the sale of each cheap item. This induces sales agents to sell more expensive items and earns the shop more profitable. The issue for determination is whether the commission strategy is an unlawful bait and switch.
Employers need better ways of communicating reference information to avoid misinterpretation. While a verbal and telephone conducted reference risks misrepresentation accusations, libel referrals can help avoid these and too much disclosure of information, due to the ability to correct before delivery to the third party.
Biological theories Biological theories on explanation of crime argue that the physical human body, through processes such as genetic inheritance, evolutionary factors, brain structures or the role of hormones to a large extent influence the likelihood of an individual to be involved in crime.
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The delinquent behavior often results because of poverty or lack of opportunities in the lives of the youths. Greeley et al (2005: 33-41) observed that the youths who cannot get what they desire or need in life through conventional means will often use unconventional means like a crime to get the necessities they need.
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Particularly targeted and exploited by predatory practices are vulnerable groups that do not meet the conditions for obtaining conventional loans. The less educated, racial minorities, the poor, and the elderly, represented across all demographics, are the common victims of predatory lending practices.
Employment laws are significant because they attempt to deal with the legal rights of both workers and employers at the place of work. Employment law addresses the paradox encapsulated in the slogan that labor is not a commodity; thus, the laws regulate employment relations for the two principal purposes of ensuring that they function successfully as a market transaction and at the same time protecting the rights of workers.
The United Kingdom’s regulations concerning diplomatic activity provide an in-depth discussion with regards to what expectations exist where the state with regards to providing for the health, safety, and security of the employee. Once again, this marks a noted deviation and differential between the laws and regulations lain out for Azerbaijan.
In such a way, a delicate balance between citizen taxpayer and law enforcement officer has evolved. Regardless of this evolution, the events of the recent past indicate that a market increase in police abuse of these civilians has been evidenced. The following analysis will seek to indicate whether or not this seeming “increase” is indeed true and if so what contributing factors are the most salient in this escalation of incidents.
This can be associated with the effective programs that have been put forward to prevent male delinquency. Female child delinquents include young girls under the age of 18 years who have been arrested for criminal acts and found guilty. The reason for the surge in the female child crime rate is not yet fully unveiled despite the vast investigation that the researchers have conducted.
This assumption would stand as long as the original ownership of the creation is not proven otherwise. The piece of work being a logo, it legally falls under trademarks as intangibles. Legally, the law outlines the protection of such creations under intellectual copyright.
Company law is a crucial branch of law that governs the registration and operation of all companies within its geographical coverage. Company law provides clear legal guidelines on how companies can be formed, registered and operated. Consequently, company law applies in legal cases in courts to settle disputes.
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However, it differs from euthanasia, which envisages the “palliative treatment” to alleviate the patient’s pain and suffering and to hasten the death by administering drugs by the physician (2229). Similarly, it also needs to be distinguished from “withholding or withdrawing life-sustaining treatment” due to its infeasibility (2229).
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In a summary, terrorism is a threat to social, economic, political, and spiritual development in a society. The practice undermines the value of humanity thereby promoting the appreciation of vices among people living in the same community. It results in economic stagnation as it results in the destruction of social amenities.
Having replaced most of the provisions of the Disability Discrimination Act of 1995, the Equality Act 2010 continues to play a pivotal role in the management and protection of disabled people’s rights (Jackson and Banerjee 2013, 201).
Intellectual property (IP) can be defined as the lawful rights that originate from the conduct of intellectual activities performed in the scientific, industrial, artistic and literary fields. The prime intention of the law concerning the intellectual property is to defend the producers along with other creators involved in making intellectual-based goods or services by providing them with certain time-restricted rights.
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This paper has presented the methods that will be used to undertake the study. The areas that have been discussed include the methods and rationale, instrumentations, internal and external validity, and data collection methods, among others. A paper by Siewert and Breen (2011) has also been reviewed and discussed.
The British constitution (comprising of a set of guiding principles and laws) is derived from a large number of sources that include: Royal prerogative powers Conventions Statute EU Treaties Common law Authoritative statements made in print, as in law books. Royal prerogative laws existed prior to the current form of the UK parliament.
The arguments have been drawn both in favor and against the statement that the jury should be constructed with the members, excluding the jurors belonging to the race of the convict or the defendant. Where on one hand, this might protect the interests of the people in terms of unbiased judgment; on the contrary, it may also hinder racial diversity in the judicial system of the nation and hence, be termed as a practice of racial discrimination.
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According to Compton (2009), entrepreneurship has been the greatest catalyst of economic growth in both the 20th and 21st centuries. This is evident by the fact that most economically developed countries have a high number of entrepreneurs who are risk-takers, resource managers, innovators, as well as creators.
Videos for mediation and negotiation can be helpful for mentors in order to teach their clients about specific issues. Videos are more cost-effective than other means of teaching and can be used repeatedly for similar situations such as divorce, lower self-esteem, and loss of a job or loved one, etc., which are some common instances.
The author studies the case damages within the context of Tort Law since it is the only law being practiced at SmallVille where this accident was taken place. The case that jerry can pose against the doctor is of the Negligence tort. The doctor was basically on the breach of the duty of care as per the Tort law.
The process used in ensuring the usability of this evidence is usually just as important as the evidence itself as its important is ensuring that the evidence is admissible, allowable and legally collected. The physical evidence collected also plays a key role in exonerating any other person or persons that may be connected to the crime scene and who would otherwise find themselves wrongly arrested or charged with an offence.
During his presidency, Bush nominated 11 candidates for 10 different federal appellate judgeships that were rejected by the Democratic-controlled Senate Judiciary Committee. This paper will interpret various judicial appointments made by Bush and the outcomes he was attempting to achieve.
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Death penalty is a form of punishment that at the bottom line results to losing someone’s life. Thus, there is a prevailing assumption that the death penalty offers deterrence for murder and other capital crimes. To be sure of this claim, various studies provide the idea for policy making in the US in order to be certain whether it has a deterrent impact for murders and crimes.
According to the paper, McDaid Development (Ireland) Limited, the company, when formed, will become a corporate body that is separate to its owners and distinct to the directors and members. In simpler words, a company or corporation is just like an individual human being and is created for official and legal purposes.
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The public has a role to play in the rule of law and within the criminal justice system. The public not only upholds the rule of law but also ensures that the state and its agents also act within the law. Without the public’s acceptance of the state and its agents’ laws and policies, the rule of law becomes compromised.
Major Theories of Crime Causation. Various units contain a number of theories that try to explain the causes of crime in the society. The theories have been developed to have an in-depth understanding of the crime and how best they can be addressed to ensure that humans live in a conducive environment.
As per the provisions, young individuals between the ages of five and fourteen years old are the beneficiaries of the Youth Support Act 2012. Recently, Tree Tops, a profit-making after-school youth club, started its operations on Bangor High Street so as to provide after-school recreational activities for young people aged between 11 and 16 years old.
Would Islamic financial system be able to prevent the current global financial crisis? The global financial crisis of 2008 is largely attributed to the vulnerability to risk in the capitalist financial systems and an inherent lack of discipline in its investment and lending practices.1 Islamic banking and finance on the other hand, is described as more risk averse and highly disciplined in its investment and lending policies and practices.2 Studies comparing the performance of Islamic banks and conventional banks during the 2008 global financial crisis suggests that Islamic banks were more efficient,3 more profitable or more stable.4 Rawshan argues however, that Islamic banks were largely avo
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The New Orleans Police Department (NOPD) has for extended periods been a troubled agency in which the core elements of effective policing such as concise policies, accountability, training, and confidence of the citizenry, have been lacking for years. Frequently, officers within NOPD show an absence of respect for the civil rights and dignity of the community.
Aside from several judges who may be overloaded with cases, lawyers and prosecutors will also feel the burden when they are trying to get their cases heard in the courts. A management information system (MIS) database, which encompasses all the courts in the county system, for example, provides a way to document and code all the cases coming through, and also retains information needed for further research such as how many times an offender has been arrested, particularly if it is one type of crime.
There was a change from the awarding and collective negotiation agreements to the individual contracts in employment. Previously there existed a long tradition of the centralised regulation related to wages by means of awards or agreements in Australia Industrial Relations Commission including both industry and national levels.
The system of criminal justice is divided into three parts, the legislative part that is responsible for the creation of rules and regulations, the adjudication portion that comprises the courts and the correctional portion that includes sanctions and punishment levied on offenders (May 2008, p.24).