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The court services prepare a report explaining the severity and type of sentence. The court makes a final decision on the sentence, in accordance with state and federal legislation. PSAI contains confidential and psychological information on the crime victims and juveniles; hence, it is not accessible to the public.
Bentham is most remembered for the foundation of the University College London through his direct contribution to the same is not definite. Beccaria, on the other hand, developed a number of principles that were applied to the criminology sector and understanding the concept of criminology.
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In this respect, the follow-up investigator should use both the evidence and the subsequent information gathered from testimonials and other interviews from individuals related to the scene of the crime or the relatives of the victims and the suspects, to arrive at a conclusive decision.
On the other hand, in the case associated with arguments pertaining to legal issues, the author explicitly cites this, “Over 30 years ago, the Supreme Court said, in a decision called Mississippi University for Women v. Hogan, that the law should be devoid of ‘fixed notions concerning the roles and abilities of males and females’” (Rosenblum).
The prevalent obligation is accommodated in Rome Statute Article 28 and ICTY Statute Article 7. The component secured by both statutes of charge obligation requires the presence of a subordinate association with a viable control, men's rea, an exclusion to keep wrongdoing, an obligation to rebuff the wrongdoing and causation.
This essay tells that the crime of money laundering occurs when an individual enters into an arrangement that involves criminal properties. Under the United Kingdom law money, laundering is a serious crime and in most cases carries a jail sentence of up to fourteen years. It involves the criminal activities that result in some sought of material benefits.
Safety, security, health and environmental law which has been passed by the government to protect human lives. This law looks after matter which arises due to business undertakings and takes care of all the risk which arises due while doing business. This law thus ensures that the effect on human beings is reduced which will thereby improve the living condition. (Page 1)
The representation of the legal system is premised on wide period, impartial judges and zealous advocates in the formal processes. The significance of the judicial process is aimed towards the crime rather than the interests of the individual: the trivializing of an individual’s rights is directly treated with the trivialization of the crime.
The central legal issue is whether there is a ‘breach of the right to Rhys confidence' as well as whether there is a ‘misuse of private information.’ Although there lacks of common law right relating to privacy, the legislation that relates to breach of confidence is presently extended to an extent to which the privacy claims are accorded greater protection in the UK.
The paper "Australian Competition and Consumer Commission" is a wonderful example of an assignment on the law. Other than general corporate law, accounting standards, taxation, and ASX listing requirements, there are other several laws that govern the operation of the business in Australia hence applicable to Wesfarmers Ltd.
The paper "Buyer's Potential Claims against Seller " is a great example of a law assignment. Breach of contract commonly occur and must be dealt with according to specific circumstances and situations. The failure for one party to perform are justified or held through the terms on the contract, party’s intentions or other lawful excuses.
While everyone, including James, has rights and liabilities when getting into a contract, his past situations put him more at risk than benefitting from the financial instances. For starters, James refuses honest advice from Michael Concerning the Kenwood Excelon DNX9140, a high-performance multimedia DVD receiver.
The paper "Australian Business Law" is a great example of an assignment on the law. Ethics defines a collection of principles related to morals, the evaluation of moral problems, and acting in a morally correct and honorable way (Gibson & Fraser 2014, p. 133). Businesses are mandated to act in an ethical manner by legislation and market conditions that eventually punish unethical behavior.
The paper "Business Law: Brambles Australia Ltd v British American Tobacco Australia Service Ltd" is a great example of an assignment on the law. The company develops a new drug that is expected to significantly reduce rheumatism disease. Because of this, the company expects to increasingly increase its profits.
The paper "Australian Contract Law Issues" is a great example of a law assignment. No, there is no enforceable contract between Tim and Jen. Under the Australian Contract Law, a contract can suffice as enforceable only if five conditions and parameters are fulfilled. The first parameter is the presence of an agreement between the parties involved which consists of an offer from the proposing party and acceptance from the other party.
To understand the concept of Parliamentary sovereignty, it is important to have a clear Knowledge of political and legal sovereignty as well as Dicey’s definition and he has introduced this doctrine of Parliamentary sovereignty. For example The Nigeria Independence Act 1960 and The Zimbabwe Independence Act 1979.
Internal auditors can protect themselves and reduce the risk of liability by knowing the updated situation and provisions on auditor liability within the country. Internal auditors should take into consideration the service of external auditor since they are not directly related to the owner of the company as well as the company’s public investors
The European Parliament is the final authority to pass the EU regulations from time to time. However, it gets necessary feed back and other relevant information from the Council of the European Union from time to time. In other words, the necessary EU regulations will be submitted by the European Commission and they get approved by the European Parliament with or without modifications.
The rationale behind the lifetime terms for Supreme Court justices is to ensure impartiality in their functioning of upholding justice in the land. Nominated by the executive and confirmed by the senate with lifetime tenure form the basis for impartiality in the functioning of the justices, as it bestows insulation from political interference.
The basic underlying issue that was raised through this case was whether Parliament was indeed sovereign, as originally proposed by Dicey. In the obiter judgment of this case when it went up to the House of Lords, several of the law Lords challenged this traditional Diceyan view of Parliamentary sovereignty.
Jeb and his newly enacted law were challenged. Upon challenging this newly enacted law, the Supreme Court ruled that this law was unconstitutional because it infringed upon the separation of powers. It was stated that the Florida Governor acted in an unconstitutional fashion, being that he exercised power that he had no right to exercise (CNN News).
Date and time of incident: The fraud occurred when a check of $ 30,000 issued by the internet auto purchaser, Jack Arnold, towards cost of Volkswagen automobile, $27,000 and freight and forwarding costs $ 3000, (total check for $30,000) returned unpaid from the bank. The dishonor by bank occurred on March 24, 2010 at 11.00 PM.
There are many terrible effects of this kind of violence. It can result in a permanent criminal record and an inability to obtain a passport. Worst of all, if someone is injured or died there is a seriously negative effect on their family and the family of the offender.It is a tragedy, but it is true. One reason for this is that women in these situations are pressured by their partners not to report the crime.
If we look at the first hypothesis – “if they do not have a job, etc.” – we will see that Keith does not fall into this category. He has a job, even though he is not paid in cash. Then looking at the second hypothesis – if they present a threat to public order, public security or public health” – we also see this is not the case.
In respect of the current situation, PC Smith arrested the youth on the suspicion of the commission of an offence which he had been informed of by PC Todd. Furthermore, reasonable suspicion arose because of matching of description and therefore the criteria under the Police and Criminal Evidence Act 1984 section 24(3) would be said to be satisfied.
Qualified privilege operates to protect those statements made without malice. The judge is to decide whether the circumstances are covered with qualified privilege. It is thus upon the courts to decide whether the defendant acted in good faith. This privilege covers statements privileged by Section 15 of the Defamation Act.
Fundamental human rights are rights available to all persons by being human and they are non-derogable. The European Union is based on values of human dignity, equality, rule of law, and respect for human rights among others. The development of human rights was inspired by the Universal Declaration of Human Rights of the United Nations.
The author of the paper states that the armed robbers were trailing the vehicle on a personal car that had presumptuously been stolen. Witnesses say that the driver of the public service vehicle noticed a suspicious car following them, and he decided to speed heading to the Willow Creek Road.
The normal budget and timeline for every company that wants the protection of its intellectual property right are clearly stated in the World Intellectual Property Organization. This will depend on the category that you want to protect it. It can either be Industrial property which includes trademarks or commercial strategies.
Mr. Woolmington was convicted of murdering his wife. He then appealed his case to the Court of Criminal Appeal. The thrust of his appeal was that the judge who presided over his trial erred when exercising his discretion in instructing the jury, as he told the jury that the accused was presumed to be guilty of his wife’s demise unless the defendant could satisfactorily prove his assertion, that the incident was an accident.
This study as examined here has been based upon ethnographic fieldwork and interviews with a class of people who are not only an ethnic minority but also cannabis dealers at a street drug market in Oslo, Norway. The study aimed to find out why people engaged in drug dealing and what is it about ethnic minorities that could propel them towards drug dealing.
The high court held, when the negotiating parties have reached an agreement, said the agreement will come within 3 of the categories of contracts referred to by the High Court in Masters v Cameron. The specific category which is applicable in the case of Pagola and Takeovers states; they intend to postpone the creation of contractual relations until the formal contract is drawn up and executed.
Following your accusations by the Cambridge Cheetahs Board regarding your actions on July 18, 2009, the Harrison S. E. Law Firm indicates the following. According to the Cambridge Cheetahs law of conduct, any detrimental gestures or statements displayed in public(print, electronic media, or radio) and directed to any players, match officials, or any Australian Football Club policy decisions are illegal and not allowed.
A contract comes into existence when there are offers and acceptance subject to rules applicable to them. If the offer and acceptance are not according to law, even if other elements of the contract such as consideration, and performance by one of the parties, there can be no valid contract. Thus each party must have intended to enter into a contract.
The World Customs Organization (WCO) is managed by the Council which ensures that all members meet annually, whereby the meeting is chaired by the elected Chairperson. Other planned and administration leadership is offered by the Policy Commission and the Finance Committee. The WCO committees avail a platform for building up instruments and the best operations regarding the custom’s competencies.
One has to understand right at the beginning that if one is to trace the position of the Queen within the Australian national polity it would become necessary to trace first the process of Australian independence ad its history and the manner in which the nature of the Queen’s role in integrated within the Australian nation in particular and the Commonwealth in general.
According to McKendrick (2012), uncertainty can lead to the severance of ambiguous terms from the contract or the voiding of the whole contract. However, as seen in Hillas v Arcos 1932 147 LT 503 the law prefers to make sense of uncertain terms in contracts instead of voiding the whole contract based on uncertainty.
The other important legal step would have been for SCT to determine whether DB could have been sued for a contract breach (Fishbein, & Ajzen 1975 p 23). To determine this some steps would have been effective. For example, find out whether DB had performed substantial performance in the manufacture of the wrong crane/ fork.
Similarly, as per the cases Brick & Pipe Industries Ltd v Occidental Life Nominees Pty Ltd (1992) and British Bank v. Turquand (1856) 119 ER 886 ‘indoor management rule” will be applied to indicate that Bogus Bank as a third party assumed that Stevywonder Pty Ltd complied with the company’s articles of association.
Marina Pvt Ltd could have raised an argument for an exclusion clause if it had been included in the agreement. For example, in Toll (FGCT) Pty Ltd v Alphapharm Pty Ltd, it was ruled by the High Court of Australia that as the parties had signed the written contract, they were bound by it (High Court of Australia, 2004).
The bank engages in continuous disclosure to shareholders and the market to ensure that they have information on the group activities promptly. This is done in compliance with the continuous disclosure requirements. The group has outlined its ethical policies which are; integrity, collaboration, excellence, accountability, and service.
Once in the building, the person steals or attempts to steal property from the building. Ed has taken Goya's painting without permission, hence proving trespass. He has also appropriated ownership of the property, although without the intention to permanently deprive the owner of it since he intends to return it after 10 years.
When the circumstances surrounding the exchange of blows like in the case of Carroll v Lergenser (1991) 2 Qd R 206 involves having consented with the victim beforehand, the onus of proving culpability does not become easy. This however does not imply that individuals are allowed to fight each other to any degree of harm.
The first advantage is the protection of the members of the jury. The Court refuses to rule their action as being in contempt of the court. This decision was very important in ensuring that the jury is protected and that they would, in the future, be able to render judgments without fear of repercussions.
The paper "The Role and Definition of Courtroom " is a great example of an assignment on the law. Unlike the common scenes in most courtrooms where there are a number of audiences, seated on two sides of the rows and the witness and lawyers in the front, in this case, the audience is few.
Jimmy is guilty of being negligent in using a modified hoverboard whose functionality was incapacitated. He ignored the company's clear caution on not using modified equipment or modifying them as well. Jimmy by modifying a skateboard to a hoverboard defies these caution made by the manufacturing company he is there guilty of negligence.
A company comes into existence once registered under the Company Law. Thus, a company is a person albeit intangible and its existence is only under the contemplation of the law (Fleckner & Hopt, 2013). Consequently, since it is a creation of the law, it carries only the properties characterized by its creation.
Having been the director of Queensland Nickel, Mr. Palmer is required to manage the company’s affairs through the fiduciary relationship that he stands with the individual shareholders and the present or future creditors. He was prospectively entitled to displace the power of the directors and shareholders in managing the assets of the company through the liquidation mechanism.
The two women are denied employment chances in the warehouse not because they are not qualified as stated in the case but because they are women and hence do not fit in the group according to the management. For this reason, it becomes clear that the two women are being discriminated against sexually for being women.
The judge declared the company had falsely represented that: it could test and identify substances to which an allergic person was allergic, it could treat or eliminate all the allergies a person was suffering from, and after treatment, the person can come into contact with problematic substances that made the individual to be allergic.