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- Marked by Teachers essays 27
He continued saying that 'It is important to stress that this is only a presumption, which presumption is easy easily rebutted either by the counter presumption of advancement or by direct evidence of A's intention to make an outright transfer.' This approach means that a resulting trust will only be recognised where the transferor of property can be considered to have intended that the property would be held on trust for him, on the occurrence of certain events3. The intention (of a transferor)
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Section 24 of PACE allows the police to arrest someone if they are in the act of committing, or have committed, an arrestable offence or if they have reasonable grounds for suspecting that person to be committing, or have committed, an arrestable offence. Besides the private citizen having some of these rights of arrest as well, the police have an additional power to arrest someone who is about to, or is suspected of being about to, commit an arrestable offence.
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In order to decide whether or not trial by jury should or should not be abolished, we need to know what it is that we are dealing with and what viable alternative or alternatives there are to it.4 star(s)
The Summary Jurisdiction Act 1879 listed for the first time those offences triable in the Magistrates courts. The act also set out for the first time a general right to claim trial by jury when the maximum sentence for an offence exceeded three months imprisonment. (From the above we can see that it is not just modern governments that have been interested in reform of the jury system) Over the course of time the list of summary offences has grown and a new tier of offence, offences triable either way was created.
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I don't agree with this statement. I'm not saying it's the best site for research on the web and certainly not the most credible but, it can point you in the right direction aswel as giving you a great starting point from which to develop your research. Wikipedia allows anyone to edit the content on their website just by simply creating a free account. Straight away we can see the potential problems that might occur from using this site, the information you see might not be as accurate as first thought.
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Nuclear power is generated using uranium; a metal obtained from ores mined in various parts of the world. Nuclear power produces around 4% of the world's energy needs, and produces huge amounts of energy from small amounts of fuel, without the pollution that arises from burning fossil fuels. (http://www.darvill.clara.net/altenerg/nuclear.htm) As shown by the pie-chart, the majority of power of today is created by non-renewable fossil fuels which are oil, coal and natural gas. So there needs to be another source which can be used which will last much longer than the fossil fuels.
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Signature: Date: Centre Marks Section 1: Planning (AO3) max mark 10 Section 2: Activity Log (AO1) max mark 10 Section 3: Communication (AO2) max mark 10 Section 4: Evaluation (AO3) max mark 10 Total: max mark 40 Response Form Section One: Planning * Describe how you planned the different stages in your activity * Outline your contribution to the activity * Refer to the contributions, views and experiences of others. Planning Stages: I started by deciding what my topic was about and then put it all together.
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Only about 4% of cases in England and Wales are heard by a jury. The reason for this is because 97%of criminal cases do not get past magistrates court, and also if the defendant pleads guilty in crown court, no jury is needed. The jury system plays a very important part in the British legal system because they alone are responsible for deciding on the guilt or innocence of the defendant. The judge is not allowed to influence them in any way. For example in the case of R .V . Makenna the guilty verdict passed by the jury was quashed on appeal because it emerged that the judge had threatened to lock up the jury over night if they didn't reach a decision.
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When a person stands before a magistrates court accused of a summary or Triable Either Way offence they will be first asked for a plea of guilty or not guilty. This is called the 'Plea before venue'. Where the defendant pleads not guilty he has the right to choose where he wants his case to be heard, be it in the Crown court or the Magistrates court. The magistrates court can choose to send the case up to the Crown court regardless if they think that the maximum sentence they could give is not suitable for the crime.
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Definition The word negotiable means 'transferable by delivery,' and the word instrument means 'a written document by which a right is created in favor of some person.' Thus, the term "negotiable instrument" literally means 'a written document transferable by delivery.' According to Section 13 of the Negotiable Instruments Act, "a negotiable instrument means a promissory note, bill of exchange or check payable either to order or to bearer." "A negotiable instrument may be made payable to two or more payees jointly, or it may be made payable in the alternative to one of two, or one or some of several payees" [Section 13(2)].
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'Toxic' environments are characterised by; high unemployment, high crime rates, poor facilities and poor access to professional services. This is usually associated with geographical and social isolation; evident in the characteristics of Australian aboriginal communities furthermore resulting in a dysfunction community and inevitable poverty cycle. For aboriginals peoples to participate in Australian society as equals it requires that they are to live their lives free from assumption by others; meaning eliminating ignorance of the wider community. It would also require a recognition of values, culture and traditions so that they can co-exist with those of mainstream society; the inability to do so has created a social divide and outlines the sever nature of aboriginal disadvantage.
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This section of the study will present two cases: Cattanach v Melchior (2003) 215 CLR 1 ('Cattanach') and Romeo v Conservation Commission of the Northern Territory (1998) 192 CLR 431 ('Romeo'). Of particular interest was how the law, in both cases, was capable of assisting social development and reform. C A T T A N A C H (2003) 215 CLR 1 In Cattanach (2003) 215 CLR 1, the issue at hand was whether or not the parents of a 'wrongful birth' child were entitled to receive monetary compensation for the cost of child rearing.
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JPEPA has claimed that this will have an immediate positive impact on farmers, fishermen and food processors. The Philippines will be able to export agricultural products and tropical fruits to Japan and close to 95 percent of our exports will enter Japan duty-free. The two countries will remove tariffs on virtually all industrial products in their two-way trade within 10 years. Also, according to the agreement, Japan will accept up to 400 nurses and 600 caregivers from the Philippines within two years. TRADE AGREEMENTS A legally binding agreement between two or more countries to bring about closer economic integration by eliminating or reducing tariffs and other restrictions on mutual trade and investments.
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I mean, it's one of those endless arguments about aid. What is a reasonable amount? We spend around one and a half billion dollars a year on overseas aid and our Gross Domestic Product is growing very fast, amongst the fastest in the world, so with a 5% GDP growth rate to maintain the level of aid as a proportion of GDP involves, as it turns out, quite a considerable increase in spending. In the last few years, our aid program has become a great deal more effective than it ever was before. So why fix it if it ain't broken?
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Critically evaluate the changes which have been made since 1990 to the definition of the offence of rape
so that if the victim consents initially but revokes consent during intercourse and the man fails to withdraw he commits rape.5 This was reaffirmed in the decision in Kaitamaki v The Queen6 whereby, the defendant after penetration of the woman became aware that she was no longer consenting and did not desist. The defendant's conviction was upheld by the New Zealand Court of Appeal and the Privy Council on the grounds that 'a man is guilty of rape if he continues intercourse after he realised that the woman was no longer consenting.7 Critiques have questioned this firstly, because if the
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It is a matter of record there is no such thing as a right to privacy recognised by English law Privacy is a fundamental right of all human beings. It promotes human dignity and other values such as freedom of association
This is clear from the speech of Glidewell LJ in Kaye v Robinson. It has never been defined by parliament. What we seem to have rather is protection where privacy has been breached, via other doctrines, namely breach of confidence and trespass. We have seen the courts using various instruments to accommodate the right to privacy. Prior to the Human Rights Act 1998, the courts used the tort of 'breach of confidence' to give remedy and protect privacy. Since the HRA 1998, this doctrine has been extended to accommodate the requirements of Article 8 and Article 10.
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In order to analyse the differing approaches, concerning formalities and incompletely constituted trusts within the modern tradition of equity, it is important to understand the history and development of Equity.
In a famous metaphor, Ashburner said "the two streams of jurisdiction, though they run in the same channel; run side by side, and do not mingle their waters.2" Since 1873, both legal and equitable rules have developed and the developments of those legal rules have sometimes been influenced by established equitable doctrines with the effect that a situation which would at one time have been treated differently at law and equity is now treated in the same manner. It can be said a century of fused jurisdiction has seen the two systems working more closely together, each changing and developing and improving from contact with the other and each willing to accept new ideas and developments regardless of their origin.
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Explain the need for discipline in at least two public services. Analyse the role of public service. Evaluate the application of the role of discipline in the public services."
To train: discipline is vital to get new recruits through their training, to get them to push themselves further even when they may think that they can do it and may as well give up. If an authority figure continues to have faith in them and makes them go that extra mile, they are much likely to achieve. My personal perception of discipline: I would personally define discipline as the way in which people are trained to obey the orders of people in authority.
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They should be prospective, guided by clear rules, with open access to the courts (containing an independent judiciary) and relatively stable.4 This is not an exhaustive list of what the formal interpretation entails, but the latter two characteristics are of most interest to the HRA, especially Section 6. It introduces obligations for public bodies that were not previously evident in common law or statute. As such this raises issue with the continuity or stability of law. Also of relevance are Dicey's views on the status of common law within the rule of law.
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There are two types of trusts , private and public trusts. A private trust is for the benefit of an individual or class which are enforceable by the beneficiaries. A public trust is a charitable trust and is the relevant trust to this assignment. A ch...
Any argument of the various attempts at classifying charitable purposes must, go back to the Preamble 1601. The courts have adopted the practice of referring to the Preamble for guidance as to what purposes should be regarded as charitable in law. Tudor advocates; "the preamble is still undoubtedly the accepted test, though only in a very wide and broad sense, whether a particular purpose is charitable, and the court in discharging the duty of determining what objects are and what are not charitable must have the preamble in mind"1.
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Few indigenous people take part in civil proceedings, particularly as plaintiffs. Perhaps one of the most likely reasons for this is because indigenous people often lack the financial resources to pay for legal actions. Criminal Law In 1991 Aboriginals and Torres Strait Islanders represented only 1.6% of the Australian population, yet they represented 15.2% of the national prison population. In 1994, this figure had risen from 15.2% to 19.4%, showing that a disproportionate amount of indigenous people found themselves in police custody.
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3.0 - The perceived need for criminalisation In modern day Australia; politicians, the public and the media generally perceive criminalisation as necessary to maintain decorum and social order. However, Australia's drug laws did not develop as a response to the perceived risk of addiction or dangers to public health.6 Rather they were a result of racism and pressure from the international community.7 During the early twentieth century, illicit substances were perceived to be under control, there was no significant 'drug problem' in Australia, nor was there political concern that one may develop.8 Manderson asserts that the first attack on non-medicinal use of opium was a result of 'increasing virulent xenophobia and hatred'9 towards the Chinese.
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The CPS prosecutes 95% of Crown Court and 25% of magistrates' courts cases. In addition, the CPS is governed by a 'Code for Crown Prosecutors', which outlines the role of the CPS and provides general guidelines to aid the operation of the CPS. The Code includes two tests, which need to be 'satisfied' before a prosecution can start or continue. The first is the evidential test. The evidential test involves looking at the evidence presented to them (the CPS) and then making a decision as to whether there is a "realistic prospect of conviction"2.
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SCOPE AND LIMITATIONS The scope of the concept of reasonability in torts is very vast. However the literature available on the concept of a reasonable man is not very high. Therefore the reach of the project is understandably not very vast. The focus has been on the philosophy,development and application of this concept. RESEARCH QUESTIONS The researchers have tried to answer the questions like What is the concept of a Reasonable man? What is the practical purpose of its formulation? How much has it been used in various cases? Etc. STYLE OF WRITING A descriptive as well as an analytical style of writing have been employed by the researchers in the process.
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Property laws are only as good as the government that supports them, meaning that patents are only effective if the government which establishes these laws vows to uphold them with all of their power. Therefore, we can not look at American patent law without looking at the government which has promised to protect it. According to Article I, Section 8 of the US Constitution, one of Congress' duties is "To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries."
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If there is a contested application for contact, then it is a matter for the court to decide on S.1 (3) considerations. But this may have well changed as I with the Human Rights of all parties becoming an important factor. Under usual circumstances, it will be seen that a contact order will be granted to allow contact with the child and the non resident parent, and although the courts are very unwilling to allow no contact at all (more than likely to opt for indirect contact)
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