Law Essays

Generally speaking, in this essay, business laws will be discussed extensively considering the case example given. It will explain the existence of a contract and the procedure of entering into a legal contract and advice clients who are on the verge of being sued or suing another person or an organization.

The need to have considered in a contract was stated by Lord Wilberforce in New Zealand Shipping Co. Ltd v AM Satterthwaite & Co. Ltd who stated that for a contract to be enforceable, a few elements including offer, acceptance and consideration must be satisfied and must not be accompanied by vitiating factors.

There are several ways in which the details of Minister for Immigration and Border Protection v Kim [2014] 221 FCR 523 are relevant to the work that I have so far done in LAWS8167.   First of all, the case helped me to gain a practical understanding of the basic details of Australian immigration law.

Indefeasibility aims to safeguard a registered proprietor from claims that are founded upon prior title. Although such claims can be made directly, it is possible to protect prior title via the law of wrongs or unjust enrichment. Claims that are based upon the prior title, per se, are contrary to the principle of indefeasibility.

Generally, the term minority has been used to describe a group in society that has no or few positions of power in society. This is well defined through the social majority. The term minority does not always imply the numeric minority. Women are almost half of the population but are considered a minority.

Criminal law is based on individual responsibility. The presumption here is that people are free to make choices. Criminal responsibility is therefore affixed to an individual based on the choice that they make to do that which is prohibited by law. The law does not take into consideration other factors that may drive a person to commit a crime.

Usually, tiny fragments of physical evidence like fibres, odour, semen, hairs, glasses, fabric, Primer residue, chemical compounds, skin, glitter, or feathers found at a crime scene can assist in telling the story of what happened at the scene (Blackledge, 2013). Such pieces of evidence are collectively called trace evidence.

   The banking business is an essential segment of the financial operations of any functional state. So far there are non-banking and banking organizations that serve the role of saving, credit and financial advisory among consumers. Often these institutions share the pattern of operation and objectives with very minute variations (Weston, 2012).

The financial sector is considered the biggest contributor of output approximately 11 per cent of the overall output in Australia. Australia was ranked the fifth country with leading financial systems in 2010. The total assets of banks in Australia were over $2.7 trillion. The country has four domestic banks responsible for the provision of service retail and commercial lending.

Crime control faces new challenges such as terrorism control in many parts of the world (Byrne and Marx 2011). In addition, invasions by refugees from other countries due to poverty violence and food shortage have increased the incidences and variety of crime (Felson, 2009). The social and cultural problems in today’s century have become so diverse and demanding (Ransley and Mazerolle, 2008).

During the past decade, shifts in the global economy such as increased internationalization of firms have piled pressure on tax systems across the globe, as well as in Australia, due to the increased need to increase profits. The key motivators for globalization have included higher levels of labour mobility, technological shifts, and technological shifts.

Community corrections oversee individuals who are under the custody of the criminal justice system yet are neither in jail nor in prison (VERA, 2013). A basic motivation for encouraging the adoption of community corrections is the need to minimize the dependence on the incarceration system by offering the less severe lawbreakers with an alternative to carrying out community programs.

Breach of contract is a major issue in the law of contract. This essay will talk about the issue associated with a contract and how a contract is breached. The paper looks at the claims related to a breach of contract. Various issues associated with the terms of a contract and the failure of the parties to comply with those terms hold up the contract law.

The recent time property law has become a hot topic for journals. The extent to which the law has to be interpreted as seen as human tissue is subject to the scrutiny of the law. The source of the difficulty is the Anglo-Australian law definition of property and its scope. The new context of the application of the law may create conflict with the common law.

Society is made up of people who are brought together and held together by a common bond that is culture, religion, laws, way of doing things and in some cases a common enemy. It is common, however, to realize that not every member of society will subscribe to these rules and norms. They will try their level best to revolt against them for various reasons (Wortley, 2003).

For a case to be deemed effective in a court of law, the evidence brought to the court must be handled in a careful manner in order to prevent its tampering. It is for this reason that the chain of custody is needed. A chain of custody shows the chronological documentation of evidence. Besides establishing a chronological order, a chain of custody can also be made in a logical procedure, especially in cases where the evidence is fungible.

A contract can be defined as a set of promises that the law enforces or agreements that create legal obligations and rights that are enforced by the courts. There must be a mutual agreement understood and entered by every party. Contracts are binding legally, and contract mistakes might lead to serious issues.

The generation in Australia has grown with no recession experiences. For the last 26 years, the country has experienced positive economic growth. However, in recent years, the country’s economic growth has not been realized. This is because not all Australian citizens have contributed to economic growth. 

On papers as written by classical thinkers or our predecessors, if laws are now condemning explorers who could seldom save their lives without such critical decisions must be set in stone, then realistically, the much our common sense can allow us to see is that those laws must be subjected to alterations, to say the least.

A lot of violent crimes have occurred all over the globe. There has been a review of the criminal justice system for a long time. There has been a need of creating a system that works. A lot of attacks are witnessed not only in the United States but on almost every part of the planet. A perfect example is the demolition of the world’s business center in America as well as the destruction of the pentagon.

The point of departure into the inquiry as to whether the Law Lords are now made to legislate human rights is the provision in the Human Rights Act 1998, Section 3 of which reads as follows: “So far as possible to do so, primary legislation and secondary legislation should be read and given effect in a way which is compatible with Convention rights.”

The assignment is about a scenario in which someone has been hired to work as a consultant by a local police commissioner to offer one’s expertise in research on criminal justice. On the other side, the assignment would be for educational information for police captains who want to come up with a new city-wide crime prevention strategy.

Corruption can be defined as a lack of honesty and integrity. Corruption is directly susceptible to bribery and usually, individuals use their positions for dishonest gains. Corruption is a worldwide problem and affects many countries from the east and west. Corruption serves as a source of easy money and it is a virus for all working individuals.

A contract is a form of agreement made between two or more parties. In a contract, the two teams come into a binding agreement, with their anticipation being bound by the law. It has to be enforced, failure to which bore detrimental consequences. There does exist there essential components of a contract: An agreement, contractual intention, and consideration.

The things designated as possessions of a person or a group are termed as property of those persons or groups. There are a number of types of properties. They are land, physical possessions, cash, and intellectual properties. In this paper, we deal with the ownership of real property known as land. The right of ownership is the establishment of the fact that it is one’s own thing.

Business incorporation can limit the liability of those behind the company but not when there is fraud behind the registration. The facts: Vitality plc is a manufacturer of health foods with a wholly owned subsidiary known as Organics Limited. The directors of the company are the same and the profits from Organics Limited are channeled to the directors in the form of a yearly management charge to Vitality Limited.

Dow Jones published a news item in the Wall Street Journal, wherein it described the Golden Chain, which comprised institutions and persons that provided monetary help to Osama bin Laden. There was a hyperlink in the online version of this article that allowed the reader to access the list of such entities.

By going global, UK law firms are becoming very powerful entities. The legal services provided by British legal firms are considered to be some of the best in the world. This is because UK law firms can compete with any other service providers in the world. There should be more women lawyers and judges.

The yearly cost of computer crimes to Americans alone was reported to be approximately $500 million and $10 billion per annum thus it is predictable that criminals have taken computers, as a new opportunity for crime. Moreover, access to computers and networks is inexpensive, and hard to trace and the figures above seem extremely inspiring.

The current role of human rights in Australian common law is in a state of flux, a position espoused by Kirby J in Newcrest Mining (WA) Ltd v Commonwealth. This suggestion both provides an accurate general depiction of the application of international human rights to Australian common law and holds much truth given the limited historical existence and operation of international human rights.

The element of Multiculturalism, in form of the innovative standard for edification for the 21st century, is a political ping-pong term greatly misused and highly misunderstood. Since for many it is also a value-gladdened perception, it has been under discussion from the miscellaneous sections of the inhabitants, who outstanding to their social arrangement perceive the world in a different way.

Thomas Raven, 54 years old, a current member of the Regional Council of Cairns and a reputable member of the Australian Greens party, has been alleged to falsify public documents to push his personal interests. The council member was divorced and has two children from his first marriage and a daughter from his second marriage.

It is essential to state that the dangerous animals and their possession in England and Ireland are regulated through a set of laws and regulations for the safety and security of both the animal owner and the animals along with the protection of the general masses from the dangerous act of these animals.

Saudi Arabia is a country that is approximately 2 million square kilometers. Its major cities are Riyadh and Jeddah. Most of the country is arid land though there is more to the aridity than meets the eye. Below the arid land, lies oil deposits that have been the backbone of the country for ages. These oil deposits account for 75% of the government’s income.

The tendency of some persons to commit crimes or offenses repeatedly is called recidivism. Recidivism is important to both prison management and the public in terms of its consequences on the other members of the community and the individual. With the increase in recidivism rates, crime in society increases, which then leads to a chain reaction of increased law and order problems.

Generally, the Ku Klux Klan (KKK) was established during the Reconstruction Period after the Civil War. It intimidated black people and prevented them from voting or holding public office. The KKK promoted its reign of terror by lynching blacks and setting the homes of blacks and the Republicans, on fire.

It is essential to state that there is almost a universal consensus that everyone in the world is entitled to particular basic human rights in all situations. These rights include certain civil liberties and political rights. The most essential of these include the right to live and physical security.

The dual Australia Acts of Common Wealth Parliament and United Kingdom Parliament resulted in the severance of Australia’s allegiance to the United Kingdom except for the retention of the United Kingdom Monarch as Queen of Australia. All three branches of the Government that is legislative, judiciary and executive have become independent of the U.K.’s seal from March 1986 as a result.

Generally speaking, every society, in whatever context, desires order in its fullness. This pursuit is usually embedded in the foundation of a good and well-set-up law enforcement system. The one thing that facilitates the realization of peace and harmony within these settings is good and holistic law.

In the English legal system, various courts are in place for the purposes of carrying out different judicial activities. The term hierarchy of courts refers to the structure of the courts based on their importance and responsibilities. The hierarchy of courts in the English judicial system ranges from the lower courts to the Supreme Courts.

How entrepreneur (s) structures their business is critical depending as it has to take into context legal responsibilities, tax obligations, liability for debts, and so on. Auckland Chamber of Commerce (2014, p.1) indicates that the most common legal business structures in New Zealand include sole proprietor/ trader, partnership and company.

One of the main aspects an entrepreneur should consider before making general decisions concerns the structure of the business. Structuring a business is highly dependent on the situation of the business such that it should be able to fit the environment of the business. A business structure defines the level of ownership such that each structure will have its characteristics.

The following paper discusses the reluctance of courts to ignore the corporate veil or the lifting of the corporate veil, as well as the limited liability principles and the personality of the corporate identity. There are varying circumstances under which courts can pierce the veil of incorporation when making some decisions on the same.

There has been an increase in foreign direct investment in different parts of the world. Foreign direct investment has positive impacts on the economy of the country. The issues such as environmental concerns have led to the countries introducing some strict laws with regard to foreign direct investments.  

Overriding interests are defined as interests expressed regarding land that does not belong to the person expressing the interests (Dixon 2008, p. 42). In law, overriding interests have priority to the land proprietor’s registered title. In other words, even though the overriding interests are not registered, they are legally considered binding on the land they lay claim to. 

Generally speaking, sources of law refer to the origin of the doctrine that governs human conduct in an administrative division. It can also refer to the state from which the law derives its vigor or legitimacy. Factors that have contributed to law development are also sources of law Owen (1977: 40).

Prior to advising Bruce whether a contractual agreement exists or not, it is necessary to analyze the situation to ascertain the existence of an enforceable contract between the two parties. The first step entails proving that the parties had reached an agreement as a prerequisite for determining whether there exists a contract; see Gulf Corporation Ltd v. Gulf Harbour Investments Ltd.

The conflict of law presupposes a position in which the court or the judge in this case faces a claim that needs to be determined prior to the adjudication of the main issue. A conflict of law is a dispute occurring within a dispute, which reflects a dispute about how and why the actual substantive dispute is to be settled.

Generally, the Cultural Revolution in China and Deng Xiaoping’s ambitions to modernize China brought the issues of legal reforms and the rule of law to the fore (Clarke, 2008). Indeed, Chinese media propaganda continually refers to the rule of law as an entrenched part of Chinese culture (Clarke, 2008).

Generally, under the Torrens system, people in Western Australia are required to register for their land titles and deeds. These are meant to show proof of ownership and prevent a lot of problems associated with registration. It is therefore very important for landowners to have their properties registered.