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I want to say thank my family for the moral and spiritual support and encouragement throughout this course. I would also grace paramount gratitude to my lecturer Nan Seuffert for the edification contribution and also for being my sounding board on various issues concerning this project, giving me the support that I needed to complete this module.
The aim of this study is to generate an extensive database of information and instill conceptual knowledge and enlighten interested parties on the impacts resulting from the implementation of IPR in agricultural research institutions with a closer view and specialization on developing countries.
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Police communication and practice are major changes introduced in fighting crime and improving security in contemporary society, part of the implementation process includes community policing. Community policing is a term that refers to cooperation between the police and the public with regard to security issues affecting that particular community.
Generally speaking, the employment relationship is the outcome of employment. However, no specific legislation provides an exact or explicit definition of the term employment relationship. This necessitates recourse to a number of principles that are based on the common law meaning of this relationship.
Corruption in Indonesia can only be termed as significantly present despite the many efforts by some government leaders and civic groups in fighting this vice. In general, Indonesia has made great steps towards liberating the nation, especially in instilling democracy levels. What is present is meager considering the many other limiting factors.
The Consumer Protection Act 1987 enables a claim to be brought where harm has occurred as a result of a defect in a given product. The idea is the imposition of strict liability so that the manifestation of restrictions means that in cases of negligence, or by the supplier the manufacturer, the actual factor of negligence need not be established in a court of law.
Generally, the interactive nature of the internet as a global and dispersed communication medium has facilitated various businesses due to the business contracts that arise. However, challenges to using have however emerged ranging from areas of jurisdiction, privacy, and protection of intellectual rights.
Consumer Rights in Australia are governed primarily, by the laws drafted by the Federal legislation. In the context of the case, the law that holds the most important would be the Trade Practices Act, of 1974 and the Sale is not nearly sufficient. The following is an assessment of the rights that a consumer or a buyer has in case of a purchase that did not live up to the promise or the expectation that the consumer had of the purchase.
Equitable remedies in the Australian legal system, just as is the case in British law are awarded as settlement to disputes in equity. By their very nature, disputes in equity do not seek monetary damages or relief, hence making common law unable to satisfy adequate remedies to the party seeking relief.
Social structures that exist in society have greatly contributed to the increase in the crime rate in society. This is due to differences in social class that leads some group of members of a certain society to form their social class where they can find acceptance. This society ultimately turns to crime.
Generally, in Stevens v Brodribb Sawmilling (1986) 160 CLR 16, Brodribb employed sniggers to fell trees and truck drivers to carry the trees to the sawmill. They used their own trucks, set their own hours of work and were paid in accordance with the volume of timber that they delivered to the sawmill.
The issues to be considered are; first, whether the DNC firm, which was started by Alvarez and Zara, and which offers security services, constitutes a partnership firm. Second, whether Alvarez is liable for the crime committed by Zara while discharging his duties? Third, whether the jewelry company has any remedy against the DNC firm for the losses suffered by it, due to the theft.
Where a promoter and the supposed company fail to ratify a contract or perform their part, the court shall not allow them to escape liability under the Act therein, (Section 131.2 & 3). To be on the safe side, promoters, companies, and third parties prefer drafting perpetual contracts subject to the provisions of the Common Law.
The Corporations Act 2001 (Cth) which is also termed the Corporations Act or even the ‘Corps’ Act is defined as the act of the Australians Commonwealth and it is meant to set laws that deals with corporations and business entities based in Australia at both interstate and federal (Australia. et.al 239).
In 1990 Larrikin Music purchased the copyright of Kookaburra from the Public trustee of South Australia following the 1988 death of Sinclair. According to reports by the media, Larrikin Music paid a good amount for the ownership of the song, this explains why they suggested the EMI should compensate them a royalty of 40-60%.
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Eyewitness information over the years has helped in safeguarding society from the criminal suspect that may continue to terrorize them over a period of time. However, false information presented by an eyewitness in police lineups may lead to the incarceration of the innocent individual while the culprit continues to pose threat to the community.
Another important recommendation from the Chicagoans to Canberra would be to establish new policies and practices on crimes and family, this can be well done by improving the family violence intervention program, which offers a coordinated society and responses to criminal justice on family violence (Cools, 2009).
Every country has a legal system. The legal system describes laws that every country has how those laws are made, and the process of enforcing those laws. The legal system of Australians reflects how they behave, and how they expect other individuals, organizations and governments to conduct themselves towards each other.
Consumer law known as Deceptive Trade Practices-Consumer Protection Act (DTPA) was introduced. The DTPA contains a list of practices that are considered deceptive and unfair to consumers; this list is known as the ‘laundry list’. Casey’s case can be categorized under the DTPA since the act of buying the house was conducted in Texas and the case involved a violation of the DTPA law.
Psychological abuse is one of the most common, and yet often the most difficult to pin down kind of abuse (Dalgleish, 2003). The consequences of child abuse and neglect have been researched extensively. Psychological abuse could be understood in terms of actions by the elder with respect to a child that would pertain to acts of ridicule and humiliation.
Preventive detention can be described as imposed imprisonment executed so as to prevent a person from committing a crime. In democratic nations, an individual cannot be incarcerated without an informed criminal charge unless in special circumstances depicted particularly in anti-terrorism legislations and sexual offense Acts.
Before 1973, consumer law in Texas was not very strong. Some even considered the Texas consumer law to be caveat emptor [customer beware]. In 1973, the Consumer Protection Law in the form of Texas Deceptive Trade Practices was enacted by the Texas government. In a matter of a few years, the DTPA was considered one of the best consumer protection statutes in the US.
Today, there are increasing cases of consumers being deceived about their money and other possessions in business transactions in the United States. In the past, this did go unnoticed by the government; but in 1973 the U.S. enacted the DTPA (Deceptive Trade Practices-Consumer Protection Act) aiming at protecting consumers from misleading, false, and deceptive insurance or business transactions.
The United States Commercial law is lauded as one of the best and most organized in the world. These laws help streamline the business world ensuring that all activities are carried out with proper reference to the word of law and due diligence (Nowka, 2009). This has ensured that fraudsters and other people who would benefit from those who have worked so hard are not given an opportunity to defraud them.
The court has made it known that although a consumer must acquire goods or services by purchase, one other than the consumer may make the purchase. A child is a consumer with respect to goods and services paid for by the parents (Alderman, [n.d., pp. 75-76] citing Birchfield v. Texarkana Memorial Hospital, 747 S.W. 2d 361 [Tex. 1987]).
The purpose of Article 9 since its inception has been to bring together business transactions under one law in all states of the USA and to limit legal formalities in interstate trade and commerce. The first item in the list of collateral offered by Massive Dynamic to ONB is a 10-acre piece of land in Arizona used for conducting safety tests.
The UCC forms the basis of the United States commercial law. The UCC ensures that all negotiations and agreements are carried out as they should, and in essence, regulates the commercial sector. This is necessary, as there are individuals who might not necessarily be honest, and would therefore seek to profit from other people.
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Janis (1988) defines internal law as legal rules that are created to govern the interaction between sovereign states. International Law became popular in the 19th century. However, contention has arisen over the years on whether the making of international law should be a product of the voluntary actions of states to which it applies as opposed to the efforts of a majority of states.
It is essential to state that denunciation refers to a situation where members of the public make use of public condemnation as a way of moral education. It takes the view of the public as the characterized value of consensus. The government on its part represents and articulates the generally held values.
Many indigenous, traditional and local communities are identified by customary laws. Different aspects of the lives of these communities are addressed by these laws. These laws define the responsibilities and rights of different members of the communities in relation to culture, life and worldview, (Michael Walsh, 2008).
The United States is a federal state whose government has precise, detailed powers and fifty supreme states each having considerable independence and authority. The national and the state government are each divided into the executive, legislative and judicial units. The U.S. has a written constitution at both the central and state government that makes up a system of separated powers, checks, and balances.
Garland views that every tenderness and compassion shown to prisoners has a border and usually runs up beside an order that brutal punishment is inflicted on them. He feels that the civilization process makes people suppress their instinctual forces and especially push their hostility into their insensibility (Garland, 1993).
Natural laws are God-given; they exist within human beings since birth and are intrinsic to the nature of individuals. Locke’s notions of natural law have affected the official structures of various nations together with the United States. Prior to the Civil War, adversaries of slavery challenged its legitimacy with the argument that it ran in opposition to the natural rule.
The United States makes great steps in technological advances every year. This is at a rate that is far higher than that of any other country. This means that there are a lot of people who have come up with advancements in the country and have been open to allowing other people to utilize their inventions.
This paper takes a look at the various cases presented and seeks to explain them in the light of intellectual property law. To achieve this, it would be important to shed light on intellectual property law as a field of study. The different segments of intellectual property law are also defined to help attain full comprehension of the topic.
The beauty of being alive stems from the fact that every human being ever created is unique in his/ her own way. Two people may be entirely alike in the way they look. They may have the same eye and hair colour. Or perhaps it may be the high cheekbones and slimness they both exhibit. They may even both be brilliant in class, getting straight A’s all through school.
This paper describes some of the problems associated with the measurement of the extent of domestic violence offenses from police records. It outlines the various sources of data that concern domestic violence and illustrates the importance of using a variety of data sources in any particular study in order to get accurate results.
The Domestic Animals (Control and Curfew) Act 2009 is one that was passed to ensure that domestic animals do not attack Australian wildlife, especially at night when they are left to roam outside. With the enactment of the act, domestic animals would not be allowed to roam at night from 8.00 pm and 6.00 am when most of the killings could occur with pet owners being required to confine them in an enclosed space during these hours.
Copyright is a documented form of intellectual property. Its impact is not only on the public stage but also expands into the global sector. One cause for the existence of the copyright concept is the economic/utilitarian theory where inventors are encouraged to establish innovative works by being given exclusive economic rights for a particular period of time.
Some of these are, the necessity for the knife on religious grounds, as in the case of the Sikh community; requirements of a person’s work or study; for use in cooking or consuming food; and use in legitimate sport or recreation. In addition, there should be a reasonable necessity for carrying the knife at any particular time.
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Culpable driving can be defined as driving performed recklessly or negligently, which may result in the death of another person. Driving recklessly is when the driver unreasonably or deliberately disregards driving regulations as a result a substantial risk of seriously hurting or killing another person may occur (Elizabeth & Law 2009).
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It consolidates the rights of children by establishing guidelines for their protection and implementation (Understanding the Convention on the Rights of the Child, 2008). Every child is bestowed with the same rights, which are interrelated and of equal importance. The Convention acknowledges these principles and requires children to respect the rights of others. Undoubtedly, a child’s comprehension of these issues will vary with age of the child.
The United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea, more popularly known as the Rotterdam Rules’ was signed in Rotterdam, the Netherlands on September 23, 2009, by sixteen nations. The convention covers the obligations and rights involving carrying goods through the sea route.
Regulation is applied to banks in order to maintain a healthy market and to ensure that consumers remain satisfied with the services they receive from financial institutions. The alternative forms of regulation are common law, industry code and legislation. Common law ensures the customer’s confidentiality is protected and only revealed with his consent.
Death is imminent, and it is only a matter of time. For those faced with the certainty of death, the only choice is to die in a dignified manner. For patients and their families, there is no need to use means to prolong life that deteriorates and reduces the dignity of the patient (Reiser S.J; Dyck A.J; Curran W.J, 1977).
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Generally, burglary known also as housebreaking is a crime, the quintessence of which is an entry into premises with the intention of committing an offense. Typically, that offense will be a form of theft, but many jurisdictions stipulate others, which fall in the same case within the realm of burglary.
Generally, burglary known also as housebreaking is a crime, the quintessence of which is an entry into premises with the intention of committing an offense. Typically, that offense will be a form of theft, but many jurisdictions stipulate others, which fall in the same case within the realm of burglary.
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The people of the United Nations have in the Charter reaffirmed their faith in fundamental human rights, in the dignity and worth of the human person, and in the equal rights of men and women and have determined to promote social progress and better standards of life in larger freedom, Whereas the Member States have pledged themselves to achieve, in co-operation with the United Nations.
This study is an assessment of curfews and the correlation they have in reducing juvenile crime. It will prove how efficient curfew is in affecting juveniles and actually deterring them from doing crimes. The research will aim at answering the question, is curfew an effective eliminator of juvenile crimes? Does it serve as a deterrent factor for juveniles?
The incidents of recent times, specifically with the Greek crisis suggest that the period of financial and economic instability which started nearly three years ago is not over yet. The first chapter of the instability, beginning in 2007 occurred mostly in the financial marketplaces, ranging from the stock markets to money markets (Tara Siegel 2009, A1).