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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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Find two cases on Indigenous customary law and discuss how they relate to the recognition of Indigenous customary law in Australia(TM)s legal system
The case was heard in the high court in 1982 as a response and rejection to the Queensland Amendment Act 1982 which purpose was to establish a system making land grants on trust for Aboriginals and Torres Strait Islanders.1 The action was brought to determine the legal rights of the Meriams and the ownership of their land (Murray Island). There were evidence to show that the Meriam people lived on the island before the European settlement cultivating the land and fishing.
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Leppiat, where John Henry Leppiat kicked his partner in the stomach. When asked why, he replied "I don't know, I just hoped the baby would die". Of course, there is also the case of Crown v. Harrigan, in which a case of road rage led to the death of a 7 month old unborn child- the forerunner to this legislation. The new Act stipulates that offences under the Crimes Act of 1900 were amended so that the infliction of grievous bodily harm also extends to the destruction of a foetus in any manner apart from abortion. There are many ways in which the new legislation reflects the changing nature of society.
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In the context of the theoretical proposition on the issue of law and morality, give consideration to euthanasia in the context of discussion in the lectures and readings about law and morality.
long held belief in prolonging life, thus the call, from a number of people, for legalising assisted deaths and suicide and the anti euthanasia response from others. The pro euthanasia argument includes the individual right and choice of those who would like to die, dying with dignity, and the belief that they are only legalising what is considered a normal practise. While the anti euthanasia argument is concerned with the right to life, the deterioration of society's mores and beliefs on the concept of death and creating a path to other immoral activities.
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Tribunals, Arbitration, Conciliation, Mediation and Negotiation are all methods of Alternative Dispute Resolution (ADR) which are used instead of taking cases to court. a) Briefly explain how any three of these attempt to resolve disputes (10 Marks), b) D
Mediation attempts to resolve disputes by having a neutral person (the mediator) to help the parties reach a compromise. The mediator consults with each party to see how much common ground there is between them and acts as a facilitator, taking offers between the parties. The mediator stays impartial and therefore does not offer an opinion. Mediation is most suitable where there is some chance of cooperation between the parties, but it is not legally binding. Arbitration is the most formal method of ADR.
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Role of the law commision and the role played by pressure groups and judges with regard to law reform
In 1965 it was announced that it would begin codifying family law, contract, landlord and tenant and evidence. This wasn't its only task though, under the law commission's act 1965 the law commission was also meant to remove anomalies from the law, repeal obsolete and unnecessary legislation, consolidate the law and finally simplify and modernize the law. It operates on projects referred to it by the Lord Chancellor or government department, at times it may also work on projects itself feels necessary for consideration. Normally a project will begin with a study of the area of law in question and attempt to identify its defects.
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I don't think that it is justified to refer to the jury in terms of 'the lamp that shows that freedom lives' for many reasons. Firstly if people have to attend the trial when being called as a juror that is anything but freedom as they don't have a choice whether they want to do it or not. Although on the other hand some may say that it is justified as it means that the general publics are getting a say.
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William was available to anyone who had a problem and could not get redress from his lord. Kings justice was available to everyone regardless of where they lived and in the beginning the king's justice was administrated by the Curia Regis. They made up a set of rules which applied to the whole country and this became known as common law. Also from the 13th century written records were kept and this put a definite stamp on any judgement since no one could argue with the authority of the court.
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Role of european court of justice and the effect of european law on the legal system of England and Wales
The ECJ hears cases of disputes between parties which are either proceedings against member states or proceedings against member states or proceedings against European institutions. Proceedings against member states may be brought by the commission or by other member states, and involve alleged breaches or European law by the country in question. An example of this is in Re Tachographs: C Commission v UK (1979), here a European law was made for all Lorries used to carry dangerous goods to have to be fitted with tachnographs with the thought that it would prevent speeding and driving longer than the permitted hours.
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Training and work of solicitors and barristers and whether there should be a singal legal profession
Solicitors work in offices, practices range from large London based firms dealing with big co-operations to small partnerships or individual solicitors dealing with the conveyancing, wills divorces and minor crimes of a country town. Most solicitors begin with a degree, but it doesn't have to be in law. Applicants usually now have an upper second class degree, and very few get lower than a second. Those who don't have a law degree take a one year course which leads to the common profession examination.
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Discuss whether or not the current division of work between barristers and solicitors on a case gives the best service to the client
Act, s.36 affected businesses and increased the number of interested customers, and this challenged the role of barristers. The current division of work between barristers and solicitors provides the best service because, in client's cases solicitors have access to expert advice from barristers and from this they can ask the barrister to represent them in court if necessary, but solicitors are also entitled to independent, impartial advice also. The case consists of 2 legal professionals; this allows more knowledge and various points of views to be contributed to the case overall.
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All of these qualifications are set out by the Juries Act 1974. However, some people still, even with these qualities, appear on a jury. This is because; if you have a criminal record it will depend on how long you may be disqualified to sit on a jury. A lifetime ban may be given due to: * Imprisonment for life, detention for life, or custody for life. * Detention during Her Majesty's pleasure or during the pleasure of the Secretary of State; * Imprisonment/Detention for public protection.
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If your grades and experience are satisfactory to the medical council your name is then placed on their medical register of persons licensed to practice as a doctor- which is renewed yearly. WHAT IS MEDICAL SCHOOL LIKE Medical schools are usually within large universities and so the structure may look the same as the buildings around it. The time spent in medical school is dependant on the country but in the United Kingdom 5 years is the typical program. Real hospital settings are used at points in the program to replicate real life situations.
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This example shows that law sometimes has to modify procedural justice in order to achieve real justice. Another example of a difficulty arising in practice is the case of Dianne Pretty who was in the final stages of motor neurone disease and wanted her husband to help her die to avoid a distressing and undignified death. The European Court of Human Rights found against her and accepted the view that the ban on assisted suicides was just, and that to make an exception for Mrs Pretty would open the floodgates to other cases.
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IPM coursework and lots of tests and sometimes you won't get the mark you wanted. If you are one of those people who are just scraping through their work you are quite frankly, well and truly screwed. IPM is a termly monitoring system which helps the teachers to understand weaker areas in their class and for them to help individuals who are struggling, and more importantly to see which subjects you need to improve on. Furthermore they set targets for you to exceed or maintain.
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They have developed a significantly since then and they are now the backbone of the British legal system, dealing with about 98% of cases in the UK. There are some 30,000 (approximately) lay magistrates in the UK that are actively in service aged between 18-65. They must live within 15 miles of the area they are commissioned to and do at least 26 half days a year. They aren't paid for service apart from traveling expenses and meals. They aren't legally trained but they are given training in making impartial and structured decisions.
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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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However, in spite of our best efforts, road accidents are common in India. It is found that every 12 minutes, an Indian dies on the road and ten times that number get injured. That a majority of accident victims are found to succumb in the absence of prompt medical assistance, is a fact we tend to overlook. It is really hard to believe that people who are otherwise rational and caring do not always come forward to assist victims of road accidents.
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While it is true that smokers often pay a lot of tax for their habit, taxation is necessary as a deterrent and to fund the NHS for people who genuinely require treatment. The money that the NHS should be used for more worthy causes, such as people suffering from more serious illnesses which weren't brought upon by themselves. Moreover, the core point again is about free choice. Smokers choose to buy tobacco and pay tax; it is not forced upon them.
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The Scheme pays a once only, tax-free lump sum to registered members when they claim and receive Age Pension. Various employers feel that older Australians are reluctant to learn new skills associated with their existing job, and this is why many Australians over 45 are being dismissed. "National data from the ABS 2002 Career Experience survey indicates that around 43% of employees aged 45-54 undertook formal training and, or, study in the previous year" (Government Workplace Website). This shows that close to half of Australians over 45 were willing to further their studies to remain employed.
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One way of doing this is to spend more money on rehabilitating criminals and on crime prevention strategies, rather than imprisoning people, which tends to cost $50000-$73000 every year, per person. By spending more money on crime prevention the Government will have less crimes being made by members of the community, and therefore, less people needing punishment which results in less outrage evolving from society. A common question arising within society is whether or not the law reflects the community's standards and expectations of what the law should be.
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My group had a year 9 class.We explained to the children what Operation Christmas Child was all about and what they had to do.In our planning me, Sarah and Kelly made a poster. We shown the poster to them to give them a better explaination. People that were in the group were Kirsty Wheeler, Rebecca Jordan, Stephanie Ballard, Sarah Johns, Ashleigh Canning and Kelly French.We had quite a few problems. One problem was that no one wanted to do the speaking because it was a year 9 class so we asked Rachel Mcgann, who was in a different group, to
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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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Discuss whether the balance between the rights of an individual and the powers of the police to detain and interview a person at the police station are satisfactory.
* Code E Deals with the tape recording of interviews with suspects in the police station. * Code F Deals with the visual recording with sound of interviews with suspects. There is no statutory requirement on police officers to visually record interviews. However, the contents of this code should be considered if an interviewing officer decides to make a visual recording with sound of an interview with a suspect. Police, when doing an interview, should also tape-record it and make sure that if the defendant is under the age of 17, an adult is present.
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Metafiktion er betegnelsen for den type af sknlitteratur, film og drama, som gr opmrksom p, at det, der fortlles, ikke er virkeligt, men netop noget digtet, noget man forstiller sig. Det fiktive i kunstvrket bliver ikke skjult, men pvise
Emnet kan meget kort beskrives som en slags selvkritisk fort�lling, der tematiserer og problematisere sin egen fiktive status. Termen "metafiktion" forbindes ofte med postmodernismen, men forekommer dog ikke kun i postmodernismen selvom den er meget fremtr�dende der En af de mest omtalte og tydelige tr�k ved metafiktion er kinesisk �ske-systemet, hvor de forskellige fort�llinger skiftevis indlejrer sig i og omslutter andre fort�llinger. At l�se metafiktion bliver s�ledes at l�se flere historier p� samme tid. N�r man taler om kinesisk �ske-systemet, vil der v�re et st�rre fokus p� rammerne og rammebrud. En ramme er det der holder historien sammen, og en bestemt historie foreg�r mellem bestemte karakterer og i en bestemt tid.
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