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Fred has Intellectual property rights over his music. This is because the music that he performed at the local clubs is his original composition. Jim also has intellectual property over the music because they recorded and performed the music together. Although they did not have access to professional recording companies and broadcasters, they had Intellectual property rights over the music.
Bills of lading fall under shipping or maritime law. Its components include; vessel charter, general average (a kind of machine-made use of in the sharing of losses in voyage participants) salvage, contracts of affreightment, maritime liens (a special form of the legal claim made use of against marine property and ships) and seaman’s wage claims.
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It is quite essential to state that this paper intends to present the impacts and challenges that enhanced information and communication have presented to the criminology world. It explains the fundamental reasons for the proliferation of new criminal activities as a result of technological development.
Generally speaking, all over the world, Police as an institution is highly regarded as an important pillar of society. They are the principal law enforcement agencies. They have mottos such as ‘to serve and protect’, “service to all” and other statements that point to servanthood in service delivery.
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Alternative Dispute Resolution (or ADR) generally is the way and means by which the different aggrieved parties come to a common understanding without necessarily going to a court of law. In other words, ADR refers to a range of ways in which parties can come to terms with their grievances before seeking assistance from a Court of Law.
In conclusion, there is an increased prevalence of violent crimes today. The nature and classification of violent crimes committed vary in prevalence depending on a given country. For example, in Australia, the prevalent crimes include homicides, sexual assaults, abduction and related offenses, robbery, exhortation, and related offenses.
The common law consists of the law laid down by judges, through their judgments. Such a law is also known as judge-made law. In this manner, judges have developed legal principles in areas that have not been addressed in the Acts of Parliament. Judges enact an important role in interpreting the law.
Maureen has a valid claim over her son’s inheritance under Uncle Norman’s will. This is because her son Joe is the sole beneficiary of Uncle Norman’s will and is considered as a Testator. The doctrine of lapse of a clause in all wills if Joe does not predecease Norman for at least 30 days the estate can be divided in accordance with the rules of intestacy.
The Sarbanes-Oxley Act of 2002 (which is commonly known as the SOX Act) was enacted in the United States with a view to controlling the behaviour of corporations. With it came significant changes to business operations. According to Rothwell, the law was introduced in the wake of a series of scandals that started with Enron and WorldCom.
Judges in all countries interpret statutes wherever they make rulings on a case. The reading, comprehension, and application of law to a particular case of necessity include its interpretation. In some instances, the law is clear and presents no ambiguities or conflicts in interpretation. However, often times the law is unclear or ambiguous or it may make no sense in its literal application.
Since the early seventies, there has been a paradigm shift in the jurisdiction of banking regulation from national policy-making to more international cooperation. This came about due to the rise in intercontinental lending and growth of multinational banking institutions which made it necessary for regulators to cooperate globally in their activities.
Both the ambassador of Brigadoon to Saudi Arabia and his wife were traveling on diplomatic passports. In this case, the ambassador accompanied by his wife had arrived back from leave and official consultations with Brigadoon. At the airport, a detector dog reacted to a suitcase which was later collected by the ambassador.
The Ministry of Trade’s efforts to elevate Paradiso’s status through various schemes and initiatives are highly commendable. Paradiso, just like other countries affiliated to the World Trade Organisation joined the body with an aim to address challenges arising from its trading activities with other countries.
Modern Maritime Law is mainly focused on two streams of Law; national and international law. International law governs the relationship between nations and forms an international framework that is required to conduct international shipping. National Law which can also be referred to as domestic law is the national law for instance Australian National Law.
The apparent vacuum in the matter presents a chance for researchers and scholars to contribute towards finding a definite answer on whether criminality is genetic or conditioned by environmental factors. This research seeks to take a closer look at past research findings by scholars and researchers.
Often, tragic incidents, high profile inquiries, and media spotlight bring such issues to the forefront. For instance, the Royal Commission into Aboriginal Deaths in Custody that was created in October 1987 held such an inquiry. It investigated the death of around 91 indigenous people in the custody, who died over ten years (Johnston, 1991).
A notice of dismissal of 30 days should also be provided to the employee in accordance with the labour law. It will be advisable to obtain consent from the labour law to avoid potential unlawful dismissal. The non-competition clause is valid under Art 39 (2) as it was promulgated by the employer and agreed upon by the employee.
For instance, criminals obtain gains using violence and corruption. Therefore, there are intricate relationships between corruption and other types of crime such as economic crime and organized crime. However, contrary to the worldwide view that corruption is a vice affecting third world countries and developing nations, the problem afflicts all countries in the world.
This is the case between Queensland Water and Waste Ltd (Applicant) and Queensland Parliament (Respondent). According to the allegations, the respondent (Queensland Parliament) invalidly enacted the Pipeline Charges Act 2010 (QLD). It is also alleged that the Act invalidly imposed a fee on the owners of Pipelines in form of tax payable to the Queensland Treasury.
As provided for in the Copyright Act (1968), reproducing Chris’s work or using it for commercial purposes without his express permission or license would amount to copyright infringement. Their joint authorship with Al is also provided for in the law whereby, both have equal rights for copyright, attribution, and integrity.
The normal survival of humankind assumes many forms, and living in this world where survival of the fittest is the normal formula the different races have established various mechanisms. The most adapted method is business ranging from the small ones to the big ones, like the companies and the corporate, and being always uncertain about the future security must be kept always to prevent collapse.
The debenture holders can then seek the court’s authority to convert the floating charge into a fixed charge over specific assets which can be nominated by the company, these assets can then be sold by the debenture holders. The type of collateral that is extended by a fixed charge is that the company loses the authority to dispose of (sell) any asset that has been signed over at will.
A floating charge is a security mortgage that has an underlying group of assets or assets that is subject to change in quantity and value. Corporations using floating charges still are able to use the underlying asset normally. It is only when the company fails to repay the loan and or goes to liquidation that the floating charge becomes frozen into a fixed charge.
The ruling does not talk of waivers or variations in the terms of a lease though it has to be noted that similar commercial outcomes may be attained by surrender and a waiver or variation of a term of a lease. This verdict is applicable just to the surrender of leases of buildings and land and does not pertain to the surrender of leases that come within the function of Division 4 of Part III of the ITAA 1936.
There are several factors that could lead an individual to commit a crime. These factors are endorsed in our society, law enforcement system, political system, education system, culture, economy and others. Some of the reasons why people commit crimes could be as a result of revenge, jealousy, greed, and pride.
The area of the law addressed, in this case, is the law of contract, with a specific focus on ‘offer and acceptance’. The facts of this case revolve around a new method of purchasing medicine by Boots cash Chemists. Instead of having a cashier behind the counter to obtain and sell what the customer wanted, the customers would be required to pick drugs from the shelves and then pay for them at the till.
Multi-firm manner seems more preferable to single-firm conduct to have an unequivocally negative effect. In the U.S antitrust law; the Sherman Act informs single-firm conduct by offering a solution against "every person who is willing to take over singly or even just attempt to take over alone in any part of the exchange or commerce among the many States."
Although it is not a legal requirement, each contract should contain other provisions called the “boilerplate” or miscellaneous provisions. The arbitration clause is one of these provisions and it gives allowances so that disputes are solved by an independent arbitrator. If there is a dispute among the parties of the contract, this clause requires that the dispute be settled by binding arbitration and not litigation.
Antitrust laws were applied in the U.S. with the prime aim to curb monopoly behavior and unfair competition and thus advocate for a marketplace with fair competing conditions. The antitrust laws were used mainly to regulate the working of the market. Both private businessmen and government officials applied them.
Antitrust law is a combination of competition laws that prohibits some practices perceived to harm businesses or consumers or both, or in general to breach standards of ethical behavior. Multi-firm conduct tends to be seen as more likely than single-firm conduct to have an unequivocally negative effect.
The policy also addresses the needs and issues affecting those who are using public services, on issues such as poverty, old age, health, disability, and family policy. Lastly, the public policy looks at how welfare services are being delivered. History of Australia's Marriage Act 1961 The Australian Marriage Act 1961 is an act that was passed by the Parliament of Australia that governs legal marriages in Australia.
All studies involving adoption indicate that there is some degree of genetic predisposition to crime. This evidence for genetic predisposition has been discovered by several research groups, which are independent. The heritability for crime has also been documented in different nations exemplified by USA, Denmark, and Sweden.
The provision of private health care has in the recent past become a big business not only in the US but also in other developed countries of the world. This is majorly due to the inefficiencies of the National Health System. Consequently, the provision of private health care has experienced an influx of small entrepreneurs and also major providers of private health care who have seen an opportunity to expand their operations.
So as to achieve the goal of being a professional police service dedicated to enhancing the safety and security of the community, it is fundamental that every police officer understands and appreciates the various functions that he or she is in command of. This is particularly important when managing incidences.
The doctrine of limited liability is one of the significant features of corporate law. It protects the interests of shareholders or investors in the company. It reduces their liability to the extent of their investment or contribution to the capital of the company. It prevents shareholders from being held responsible for more than their investment.
The question was whether it is broad enough to offer support to laws that regulate the relations between various ‘constitutional corporations’ and all their employees. The second question was on whether the power should be ‘read down or just limited to avoid overlap or conflict with the existing industrial arbitration power.
It is important for any insurance agency to contract the services of a lawyer as required by law and in the interest of the company in discharging its duties to the clients; the insured in this case. Over many years, insurance practice has been known for a number of interests that may arise in the course of their operations most of, which happen between their clients, the insured, and them and/or, the insured and their third parties.
Business crime entails all forms of fraudulent activities undertaken against the business of organisations mostly through non-violent means but involves illegal financial or personal gains. Business crime (sometimes referred to as white-collar crime) is mostly perpetrated by people in the middle class and mainly in the course of their professional work.
Safety Security and environmental law is a complex legislative and regulatory area whose context is based on British and European Union policies and applied in associated areas such as employment and industrial matters and policies. The law deals with the regulation of health, safety, security and environmental risks which may arise in the process of the business undertaking.
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The results of the interviews will be tabulated and an analysis of the views of different sections of the sample will be done. The views will be used to make generalizations on the extent to which the various institutions have failed the aboriginal people as far as their ever-increasing deaths in custody are concerned.
In the event of the international regime, there have been efforts for over two decades to understand the conditions and the means under which the different states cooperate with each other. Unsurprisingly, almost all the major research traditions have positively contributed to the idea and understanding of the regime.
In many courts of law, green crimes have often gone unpunished because they are difficult to prosecute and prove. Despite the international laws in place, questions have been raised about the effectiveness of criminalization as a means for controlling environmental crimes. New advancements in green criminology can address such issues.
Emile Durkheim, Max Weber, and Karl Marx are believed to have great influence in the development of sociological law hence they are considered as the fathers of sociological law. It is evident that their ideas are built upon one another hence their thoughts repeat in different words but with similar meaning.
It is essential to state that according to the long-standing aims of feminist jurisprudence, the idea is not aimed at simple inclusion. In fact, as a discipline, the very discipline was developed only in the post world war era, which means a development much later vis-à-vis the traditional thought of feminism.
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Determining the competing ethical dimensions or principles inherent in the case According to McAuliffe and Chenoweth (2008), offering human services is not an easy task and has been marred by risk. To carry this title, one has to be fully aware of the set code of ethics, the laid down policies, the standards, the laws and regulations that govern this institution, as well as the procedures that must be followed.
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In many courts of law, one is presumed to be not guilty until proven otherwise by the evidence. This however has not always been the case. Many years ago in England, one could be proven guilty if they failed to win a sword fight. Kings would accuse someone based on mere suspicion or torture someone in order to obtain confessions
It is essential to state that еhis work deals with the medical model of drug addiction. In this regard, different stages of addiction have been analyzed. The various methods of the de-addiction process have been examined. Criticisms in the context of medically assisted withdrawal have been evaluated.
Feminist jurisprudence criticizes the law’s omission of a bias against women’s concerns, offering its insights as a supplement and corrective. Simple inclusion, is not, however, the primary goal of feminist jurisprudence. As a discipline, in England, it was developed at a much later stage, with scholars arguing that it was not taken seriously in traditional jurisprudence courses.
It was their contention that they were being treated unfairly and were being subjected to bias and discrimination, solely on the grounds of their religion. One of the respondents stated that the participants in the talkback shows on the radio had made highly derogatory comments and allegations against the Muslim community (Noble & Poynting, 2004)
The government and the businesses work hand-in-hand to create a sustainable atmosphere (Spero & Hart 2009). Australia may also adopt such a protective policy and develop regulations to secure its domestic industries so that during the time of such financial recessions, the country can cushion the effect.