Law Essays

Generally, there are various social issues that arise in any setting that affects people either negatively or positively.  Various explanations and theories could be attached to certain occurrences It may not be the best thing to hear, but the fact is that Australians have a very serious problem with alcohol.

A social problem involves a condition that individuals within the social system view as detrimental. Within the Australian context, the media and newspapers are filled with undesirable. Crime in this case is regarded as a consequence of coinciding social concerns. In Australia issues of poverty, unemployment, and teenage delinquency contribute to the rising crime rates. 

Drug use and crime have been positively related. The drug trafficking cartels have been associated with heinous crimes such as killing, abduction, extortion and blackmailing (Limoncelli, 2009). Countries such as Mexico have been under crime rise due to drug lords who have enriched themselves from the trade.

Drug abuse is considered to be amongst the main factors that lead to the commission of a crime and other related societal vices. This is mainly linked to the individual and social characteristics in the environment that leads a person to abuse drugs. There exists a link between disorder and serious crime and therefore there needs to be a difference in terms of approaching crime-control and disorder strategies.

The problems of crime and offending are plaguing modern societies. The enjoyment of the advantages of modern civilization brought about by advances in modern technology and world diplomacy is being jeopardized by the rise of criminality. States are responding by adopting policies that are underpinned by tougher approaches toward crimes.

An understanding of employee relationships is achievable through the application of the neo-institutionalism approach. It enhances an understanding of how rules embodied in social, political and economic systems impact, influence and account for shifts in employee relations, (Kaufman 2004). Thus, the core of the neo-institutionalism approach to employee relations is the impact of rules.

The common law system is set up and established through the court decision. It provides a platform for seeking and pursuing justice among members of any state. When one fills his or her rights are violated and is able to seek justice through the court of law where legislation exists, it is interpreted by the court.

Generally, the Australian financial market is depicted by the existence of an Australian Stock Exchange Ltd (ASX) which has undergone notable changes since 1997. The licensing, regulation, and supervision of financial markets are entrenched in part 7.2 and part 7.2A of the corporation Act 2001 (Cth).

The High Court in Australia has the power to invalidate commonwealth legislation in cases where the legislative powers have been exceeded. Commonwealth parliament should therefore ensure that the legislations that it passes are within the constitution and that they are in accordance with Acts Interpretation Act 1901 (Cth). 

This case lays on the fact that Julian and Anna experienced a failed 20th wedding anniversary. The issue began when they planned to go on a holiday together to Bliss Island which is a small, exclusive tropical island in the Whitsundays Queensland. However, the impression that they were given about the island was very different from what they found on the ground. 

I was excited to know that there is an available job opportunity that befits my competencies and aspirations in the Department of Corrective Services. For this reason, I hereby submit my application for community corrections officer (Ref No. 011550). I am a holder of a Bachelor's degree in Criminology and Criminal Justice and a Certificate III in Corrections Practice that complements my extensive correctional experience.

This essay advises Julian and Anna who booked in Bliss Island resort with the hope of enjoying their 20th wedding anniversary to the fullest, only to go back home very upset and seeking advice on what to do. In doing so, the essay will first discuss the indispensable elements required to establish legal grounds for compensation to a party in a mutual contract, before giving the requisite legal advice based on their scenario.

By looking at the events that unfold in the case study, it is clear that Anna and Julian are entangled in an exploitative business situation with Bliss Island. For the record, Bliss Island resort fails to honor the provision of quality services that are advertised in the resort’s brochure. These services include reef diving, delicious cakes, and a tropical experience, among other services.

In this case, it is advisable for the couple to take a legal step to seek justice and sue the bliss island resort. According to Lewis, B. (2014), when a firm creates an advertisement or brochure, and there are clients interested in those services advertised. The business will be liable for any breach of contract or agreement between the two parties involved.

The case of clients who come to seek advice about different issues arising from business activities undertaken by the client will be covered exclusively in this essay. They will be provided with ways of seeking justice, as far as legal business activities are concerned, in a tribunal. In the case of contracts, they have to be fully legal and contain relevant evidence for the existence of the contract.

The Australian Standard Classification of Drugs of Concern (ASCDC) defines drugs as chemical substances whose availability and usage have been regulated by policies or programs that have been put in place, and also the substance has been identified to be of concern by key stakeholders in sectors such as health crime, justice and welfare in the Australian context.

It is essential to state that in any government, there are various branches that exercise distinct functions. Judiciary is an armed government that exists in any democratic setup. In Australia, Judiciary power is the authority bestowed on courts, judges, and other officials to decide cases and interpret the law.

One of the major decisions a businessperson makes prior to establishing a business is to select the legal structure appropriate to his/her business. The structure of a given business depends on the form and size of the business alongside personal circumstances and how much a businessperson desire to develop the business.

The efficient functioning of an organization, be it a business enterprise or a non- governmental organization depends on how well information is managed within the organization. Communication is a key attribute in the success or failure of a company. It contributes greatly to issues such as organizational behaviour in an enterprise and the overall performance of an organization.

The Fourth Amendment of the United States Constitution states that people have the right to be safe in their houses, effects and papers, as well as against unreasonable searches and seizures. Additionally, there are no warrants to be issued, unless there is probable cause, as well as supported by an oath, describing the person, place, or things to be seized and searched.

Terrorism aims at instilling fear in non-combatants with the aim of swinging public opinion on a certain political or social course in favor of those causing terror. Over the years, terrorism has been used to pressure political opponents with the aim of achieving political personal goals and objectives.

Trademarks are the identifying feature of any company. The trademarks help us identify companies and the products that they deal in so that they can be able to carve a niche for themselves in the market. Their protection had therefore over time been very paramount. This aggressive protection has especially become even more important lately.

Justice Anthony Kennedy is a moderately conservative justice who was born on July 23, 1936. His career in the legal profession started in 1961 when he was the associate counsel in California. He became the Associate Justice of the 9th Circuit Court of Appeals. He was appointed by President Ronald Reagan upon the retirement of Associate Justice Lewis Powell in June 1987 (Supreme Court of the United States para 3).

The English Justice System always strives to be a better system that delivers justice to the people. This justice can only be achieved through consistency within the law. This consistency can only be achieved if some rules and guidelines are followed by the courts. However, two forms of doctrines have been put in place to ensure that the courts achieve the required goals in solving cases.

I have to consider the fact that Iraq has been and still is an issue that has dogged the world for a very long time. What is strange about the case is that at the beginning the so-called police of the world were backing Iraq during the Iraq-Iran war; Iran was then accused of trying to spread fundamental Islamic Policies throughout the Middle East, and the West considered that as a threat to its ambitions in the Middle East.

European Union law, initially referred to as European Community law is a body of legislations, court judgments and treaties which operate in tandem with the legal systems of member states affiliated with the European Union. European law has a direct impact within the member states affiliated with the European Union and in situational cases where disputes or conflicts arise.

Judicial review is the legal action that can be applied in response to or challenging the various decisions made by public bodies, for instance, Housing Executive. Such legal actions are important in challenging the manner in which decisions are made, but not the concrete decisions. On the other hand, the High Court is entitled to review decisions made by the various administrative bodies, a process commonly known as the “judicial review”.

Documentary credits are the means through which payments involving international transactions are made for instance payments made through letters of credit whereby, the banks (issuing bank/issuer) promises to pay the seller (beneficiary) when the seller performs the duties he or she is supposed to perform in a contract of sale between the seller and the buyer (applicant).

A contract can be termed as an accord reached between two or more parties where each party involved is obliged to fulfil his or her duty. In a contract, there are rules and regulations, which each party must follow. A contract is reached when there is the purchase of goods, a house, construction work, or the lending of money.

Businesses working in the electronic commerce environment do not necessarily have to adapt to the “Treasury’s Consumer Best Practice Model” provisions” since it is a voluntary set of guidelines that have no enforcement procedures. Nevertheless, the adoption of this model especially for businesses in the electronic commerce environment is advantageous.

Generally speaking, trade unions are an important aspect of championing workers' rights and improving the working conditions of the worker. For the worker to be well represented the unions must have the interest of the workers at heart, and the rights of each union's representatives have to be respected.

The contract is said to have occurred when two parties have an agreement that is enforceable by law. For the contract to be legally binding, there has to be offered and accepted. There are various laws pertaining to contracts depending on the sector one is in. Contract law in Australia is based on common law and supported by various statutory legislations at the national or state level.

Taxation is the process of raising money for the government through the inclusion of certain amounts of fees on goods and services in a country. The money collected from taxation becomes the revenue for a given government. Redistribution of wealth through indirect is also another task of taxation. Representation of citizens, too, grows from taxpaying.

In fire cases, the prosecution always depends on the experience and expertise of the investigator in interpreting diagnostic fire behaviour signs at the arson scene (Stauffer 2013, p. 1). The investigator must be able to do a careful investigation to get into the detail of the possible arsonist. On the other hand, fire techniques and awareness can point at the clue of the possible arsonist.

According to the report by the US Fire Administration, a fire takes place in a housing structure every 79 seconds (Hall 1998, 691).  This same report indicates that on average there exist roughly 100 firefighters who pass in the line of duty each year. According to Lamm & Walters (2004, 253), numerous of these deaths are linked to structural crumble at the time of firefighting exercise.

The provided case study involving Simon, a majority shareholder and managing director of Slowgo Pty Ltd raises a number of legal issues.  Before examining the legal issues emanating from this case, it is perhaps crucial to examine the key facts evident in this scenario. Firstly, Simon is the director of Slowgo Pty Ltd and the majority shareholder.

Copyright is one of the intellectual property rights (IPR) that permit the owners of artistic or literary works to have exclusive rights to protect their works from duplication. These exclusive rights include adapting, copying, communicating, altering, translating, performing to the public and selling duplicates of copyright-protected work without the permission of the owner.

International trade is the exchange of goods and services between nations. It gives rise to the world economy where, demand, supply, and prices are affected by global events (Gaisford and Kerr 45). Similarly, the fluctuating cost of labor across nations influences international trade, as companies have to pay more money to enhance production.

According to the statement provided, judicial precedent or judge-made law lacks democratic legitimacy. This arises from the fact that the law-making power is given to Parliament and not the Judiciary. The Judiciary interprets and applies the law. This means that every time the judges make a law, they act beyond the power given to them. It is on this basis that judge-made law is considered as lacking legitimacy.

Dixon’s view that overriding interests “are not intended to be a general safety net for a right holder who fails to register but a necessary evil in a system of the title registration whose main concern is transactional certainty” (Dixon “Protecting Third Party” 21) is arguably valid. The author arguably draws attention to the intent of the overriding interests in the Land Registration Act (LRA) 2002.

Privacy is one of the most important human rights recognized in the UN Declaration of Human Rights, international and regional treaties, and the International Covenant on Civil and Political rights. Besides, privacy also underpins human dignity and other important values like the freedom of association and speech.

The jurisdiction that touches on unconscionable conduct defines it as too harsh conduct by a business or individual that is way overboard to an extent that it goes against good conscience.   Therefore, for conduct to be considered unconscionable, it has to be unfair and oppressive to the other party.

There is an ongoing debate for a long time as to the enactment of proper law that makes it clear under what circumstances the third party or contractor dealing with a company can do so without being exposed to the risk. There is a need for emphasis on where the company can be held liable for the debts incurred on its behalf and also the extent to which the third party can deal without enquiring about the authority.

This case is an appeal that arises from an order by the Full Court based on a declaration that a certain sum of money was paid and actually received by Richardson who at that time carried on practice as a solicitor in partnership with the appellant, although it was not contended by the plaintiff that the appellant had knowledge of the dealings.

We see that the bill was raised by Producer Ltd after an arrangement with Banker Ltd who in this case is the bank. After the bill was completely done it was used as a negotiable instrument by the Manager who drew the bill in favour of the Financier. The Financer became the holder of the bill in due course as it satisfied all the conditions.

Criminal justice systems consist of a set of social and legal institutions in order to enforce the law under a given set of defined rules and policies. Criminal justice is the study or application of Laws with respect to behavior of criminals. It is important that the criminal justice system contains the word “Justice” so the laws which are applied to those accused of a crime must be fair.

The copyright law in the music industry in Australia and the world over have very pertinent issues that do not escape scrutiny and analysis from various quarters due to the fragility of the premise of the law and its application. The EMA government guide on music copyright in Australia says “Copyright is a type of property that is founded on a person's creative skill and labour.

The concept of equality and its principles has been used as a turning point and a point of reference for scholars and activists to base their arguments when advocating for constitutional reforms and various national and international legal standards. The ideas of formal equality have been used primarily in promoting social justice laws and social policy.

Commercial law also referred to as business law, is a division of law that involves the rights, relations and conducts of individuals and businesses involved in commercial activities, trade, sales, and merchandizing (Crane & Matten,2010). It is normally considered civil law and deals with both public law and private law issues.

This legal essay advises Marcus Karkharoff who signed a sale contract with Luiggi’s Shipping Company, in which the latter party purchased the ship called Moskva at a price of $15 million, an amount Marcus received on the same day of signing the contract. However, Moskva had been sunken some days earlier after catching fire and suffering irreparable damage, a fact unbeknown to both Marcus and Luiggi’s Shipping Company.