The United States Constitution and the Australian Constitution have some similarities and differences. This paper will compare and contrast the United States and Australian Constitution. In the comparison, the factor to be considered is the limitation
The author states that the need for environmental restrictions on the way trade takes place and the way international bodies enter into agreements is certainly there. However, this need is based on environment, ethical and moral factors rather than political, legal or economic factors.
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Based on the facts of the case, the author of the paper provides two acts of John that should be considered in determining his criminal liability, namely, (a) pushing and kicking Neil, (b) pushing Annabelle into the stationary car and subsequently stabbing her with a bunch of keys. The author discusses each of these instances.
The” security agreement” between the debtor and the secured party as defined under the U.C.C 9-102(a). Which stipulates that further reference both to the definition of “security interest” and to the definition of the “ agreement”. Drafter requires additional evidence of the existence of a security agreement as a condition to its enforceability.
After the contract was awarded, the residents of the area filed an injunction, which prevented the plaintiff from working for the required period of time. There was litigation on this matter and it was sent to court. The court held that there was a frustration of the contract owing to the fact that the discharge of obligations was restricted.
Specifically, calendaring and accounting constitute crucial practices in managing a law firm (Quinn, Bailey & Gaulin, 2004). Purchasing legal software to aid the management of the two aspects should account
This theory argues that people are free to make reasonable or rational choices in all aspects of their life. People who engage in organized crime have free will and conscience to make choices regarding their participation in wrongdoing and crime. Whether
When defending a case and the evidence has been offered at trial, you must stand against it that it is a hearsay and no evidence exist to prove the words or actions, further more, the defender should argue that the
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The prosecutors have powers in determining the accountability of a suspect of the crime committed in a court case. They usually work with the criminal investigators in search for facts about a crime and file a case against a
Sentences are important for the criminal justice system to achieve its objectives. These are aimed at punishing an offender and deterring others from engaging in crime. They also protect the larger community from harm and help to show the victim of a crime that justice has been served (Tonry 2005). Nonetheless, sentences must be certain and swift, in order for them to achieve their objectives.
The restorative justice system in Canada is an alternative to the criminal justice system, which focuses more on punishing the offender, as opposed to establishing a truce between the victim and the offender2. Under the system of restorative justice,
Geoffrey entered a covenant with the landlord that he will pay the rent of the rooms occupied throughout the 25 years term. In this case study, SD transferred the freehold reversion to Mr. Ash in 1995. On the other hand, RDS was to later assign the
Occupy Wall Street movement inspired many while a section of the citizens felt confounded by it. The slogan addressing leadership exemplified a factual praxis and shows real history. It addressed firmly established political signifiers of justice, freedom, and democracy, which crosscut the society.
v. Virginia M. is to be cited in this case as they are quite similar. In both cases, the biological parent of the child is only one and the other is a non-parent. According to the Supreme Court ruling of this case, the child’s sole custody and rights of parenthood
The practitioner collecting the evidence should be in gloves to minimize the risk of evidence distortion. In addition, during the collection of the clothing, the victim should stand on large sheet of paper, preferably white in color,
Transfer also terminates ownership. Personal savings, gifts, donations, and loans are the sources of capital (Miller 2012, p. 496).
Partnership is formed by agreement among partners who contribute capital. It
For instance, an online magazine, Inspire, published by the Al Qaeda, according to the US Government regulations, it must be censored because it has the potential to radicalize readers. However, it is very difficult to control and censor such magazines because
According to the report discrimination occurs in virtually all institutions and is perpetuated by various groups who do not have respect or value for certain attributes. The perpetrator may target a certain race, social group or color and inflict pain deliberately. Institutions are supposed to play a leading role in reducing the menace.
The first issue to settle is whether there is tied (service) or free invention. As a rule, if there is a free invention, 10X has no right in connection with Shabana’s sale of the widget invention to Keg Ltd. But if there is a tied invention, then 10X will have legal rights over the sale. The next thing to do is define the terms of what are the meanings of free and tied inventions.
As provided for in Section 1 of the said act, “Every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce among the several States, or with foreign nations, is declared to be illegal.”
An exemption clause provides an option for a party entering into a contract to eschew a part of or in entirety, the legal obligations that may be due under the contractual terms. The other party, by signing such a contract, agrees not to hold the former liable if certain obligations that would normally be due under the contract are not performed.
Some of them do so for religious reasons. This population simply will not honor the flag as sacred because it is against their beliefs. There are others, however, who go far beyond simply refusing to honor the flag by committing acts of violence against it. The motives of
The system is not always fair when dealing with certain kinds of people. An example is the minority groups that constitute a large part of the state. Many at times when persecuted, they do not stand a free and fair trial. When we
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A number of criticisms have propelled some states to discard parole and indeterminate sentence. They would rather recommend sure and non lengthy imprisonment terms. Parole boards and judges have a lot of discretion, which has led to abhorrently inequitable punishments. Parole boards operate capriciously in establishing concrete dates of release, and determining the criterion for release.
All these parties are active partakers in the justice system. In most cases, restorative justice programs are defined by mediation between victims and offenders, restorative community services, community decision making and other activities normally intended to enhance
The case of Samantha therefore falls within the ambit of this law and the courts decision will be made with regard to the provision of this statute.
According to the statute, Samantha can claim compensation for injury and
The author states that some of the existing environmental laws were formulated with the aim of ensuring that humans live in a habitable environment. This is true for example for the Clean Water Act of 1972 which was passed by President Nixon and which aimed to ensure that all people get access to clean water for the sake of their health.
Appointment of a marshal is made for each of the United States’ 94 federal judicial districts. Thereafter, the America’s Attorney General designates each marshal to each district. It should be noted that while the
the government passed Civil Rights legislations that brought to an end segregation and employment discrimination based on race, sex, color, national origin, or religion. The civil rights legislations are legislations enacted to stop all forms of discrimination in the country,
ovisions of the Act extend to all testamentary gifts or dispositions where an individual makes a disposition to his property so that it takes effect after his decease, and which is in own nature, revocable and ambulatory during his life.
There are several pitfalls in the
But there are some cases that do not constitute for false imprisonment, for instance in a situation where a person is detained in shopping mall for suspicion of shop lifting or for questioning of a possible threat then in that case there
(Kennedy, Another work that offers a slightly different perspective on the same issue is Nikki Jones’ article ‘Working ‘the Code’: On Girls, Gender and Inner-City Violence’. The article sheds light on the much overlooked
Marijuana is described as a recreational drug that comes from the hemp plant used for heightening one's mood, perception or to make somebody relax (NIDA, 2004). Legalizing marijuana is among the many controversial debates in America today. This is because the USA has a diverse culture.
The author states that when none of the fair reasons provided by the Act has been applied within the termination process, an individual can easily make a claim for unfair dismissal. When these claims are made, the employment tribunal makes the judgment of what could be considered reasonable to the employer.
The role of liberty in ownership of properties is to give every person the right to use their own means to legally acquire what they desire. While some may be satisfied by mere basic needs, others may go an extra mile. The role that the government plays in regulating ownership is rather questionable.
The issue highlighted in the case Schmerber v. California is violation of constitutional rights of the petitioner under Fourteenth Amendment, Fourth Amendment, Fifth Amendment and Sixth Amendment. Did the involuntary withdrawal of the petitioner’s blood
Places such as Great Britain, England, Wales and Scotland the trading of money for sexual services is a crime, but numeral associated activities, such as soliciting in public spaces, pandering, pimping, owning or managing a brothel and
The author states that offering the support to the war against Iraq will facilitate a negative impression that will affect their relations. The government of France decided not to support the war against Iraq. The government of Iraq has vast barrels of oil and any state eyeing to benefit from better relations has no reason to support war.