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University Degree: Miscellaneous
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?n th? UK m?d???l l?w, th? "??ns?nt f?rm" ??uld b? us?d ?s ?v?d?n?? th?t th? ??t??nt h?d, ?n f??t, g?v?n ??ns?nt ?n th? ?v?nt ?f th? d??t?r b??ng su?d f?r b?tt?ry ?r f?r n?gl?g?n??. ?t ?s n?t ? ??ntr??t. "??ns?nt" m?r?ly m??ns th?t wh?n ? ??rs?n ?s t? und?rg? ? m?d???l ?r???dur?, th? d??t?r ?r?v?d?s ?nf?rm?t??n ?b?ut ?t ?nd ? ??rs?n ?gr??s t? ?t. ?lth?ugh ?n? m?y g?v? ??ns?nt v?rb?lly, by ?n ??t, wh??h ?nd???t?s th? ??ns?nt, ?r ?n wr?t?ng, m?ny ??untr??s m?y n?w r?qu?r? wr?tt?n ??ns?nt. ?t ?sn't ?n?ugh ?n th?
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This difference has a direct effect in the approaches undertaken if the two legal systems in the interpretation of legislation. Whist the English courts and common law system sees legislation as the general principle by which the courts will apply deductive reasoning to interpret the intentions of parliament a Civil law system would argue that leglislation is the will or parliament in itself. We can therefore see that if essence legislation represents the will of the state and 'the function of the judiciary as an organ of the state is to give effect to that will'2 In order for such
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They are used in the Crown Courts for criminal trials on indictment, High Court, Queen's Bench Division. The most important is the Crown Court where juries decide whether the defendant is guilty or not guilty. This means that the jury is used in about 20,000 cases each year. Basically, the jury is a panel of lay people, 12 in number, who listen to both sides of a case and arrive at a decision on the facts which are presented to them. As we take a look into the historical significance of the English jury trial which has developed and evolved between the 8th and 11th centuries in the medieval Islamic world and shares a number of similarities with the later jury trials in English common law.
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Critically Evaluate, in 3000 words, how the cases of Boyle v United Kingdom ( Application No 55434/00) in the European Court of Human Rights & Findlay v UK ( 1997) 24 EHRR 221 (para 82) have made an impact on Military Law within the UK.
of the Sexual Offences Act 1956. On the 6th of December 1999 the CO referred the case to Higher Authority and remanded the applicant in close arrest. On 16 November 1999 the applicant was transferred to the Military Correctional Training Centre (MCTC) in the United Kingdom. Twelve "8-day delay" reports were completed during the applicant's pre-trial detention. The reason for detention was that it was considered that he was likely to suborn witnesses and that, given the "nature and prevalence of the alleged offence under investigation" it was "undesirable in the interests of discipline that he should be at large or consort with his comrades."
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They will occur anytime when two or more people interact and cannot be wholly eliminated but can be managed. The results of a conflict can be thus either positive or negative, depending on the attitudes of the individuals. The growing effect of problems that are ignored or unresolved is the gradual decline into inefficiency, poor morale or even the failure of the business. However on the other hand, successful conflict resolution increases overall effectiveness and keeps the business competitive. The question we must ask ourselves now is, how do you successfully resolve conflicts that arise in the workplace? The basic idea of a dispute resolution system is that high cost methods of dispute resolution, such as arbitration and litigation, are replaced whenever possible by cheaper methods, such as negotiation or mediation.
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The main protected works as provided by the CDPA 1988 include original literary work ("any work, other than a dramatic or musical work, which is written, spoken or sung"),6 original dramatic work and original musical work,7 original artistic work8 including graphic work and photograph, film,9 sound recording10 and broadcast.11 The copyright owner has the exclusive right of selling the copies of the work, broadcasting it, making copies of it, to rent or lend the work to the public, to perform show or play the work in public, to communicate the work to the public or to make an adaptation of the work.12 Copyright law can restrict such acts.
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Finally, I will argue that a culturally sensitive approach has implications for mediator training, assessment and code of conduct. 1. Introduction This essay is motivated by my experience in two domains outside of mediation where the notion of autonomy purportedly plays a key role in shaping and guiding professional practice. In relaying my own experience, I hope to highlight two areas for discussion. The first is the notion of party autonomy and what it entails in mediation in the Western context, and the second is its relationship with Chinese political legacies and cultural orientations.
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This is the right to asylum. In the case of Shah and Islam2, the definition of persecution is "serious harm plus failure of state protection". There are 3 categories of rights: * Cat 1 - Torture, inhuman treatment, etc. Doymus3, torture principle in Sivakumar * Cat 2 - Freedom from arrest and detention, etc. - Ravichandran4 * Cat 3 - Discrimination - Gashi. If one act of torture is sufficiently serious it is enough to meet the requirements - Doymus, Dermikaya5, Sivakumar6. Tatyana has been beaten upon arrest, rape and threatened whilst in custody because the police thought she was part of a religious organisation which her father was involved in.
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According to a sophisticated reading of Marxs theory of historical materialism to what extent is the legal system the product of, or determined by the economic system? Do you think that Marx, on this sophisticated reading, underestimated the significan
The form of the relations of production will depend on the nature of available natural resources and the knowledge of technologies for exploiting them, the two together being described as the material base3 by Marx. Relations of production then crystallize into groups called classes whose relations are determined by the particular mode of production. As forces of production change so do the relations of production4. Base is the economic structure of society, the sum total of the production relations of the given society.
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Do you think Webers categories of legitimate authority are helpful in understanding what makes the current Australian system of law and government legitimate?
Traditional authority An authority is traditional if its legitimacy is "claimed for it and believed in by sanctity of the order as they have been handed down from the past.'4 Traditional authority has several distinguishing characteristics. It is based on the relationship between a master and his servant or child, and as such, traditional authority is essentially between those with unequal standing5. Weber indicates that this is due to the 'pathos of distance' - the belief that men are fundamentally different in their natural endowments and social position and the conviction that these differences justify the domination of those over their inferiors6.
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The Bystander Effect (Latane & Darley, 1968, 1970) claimed that the presence of others would inhibit helping. Thus explains that when there is an increase of bystanders, there will be an increase of anonymity and hence increase in time it takes to help a stranger. However, the reason for people not helping when there are many others around is still controversial as there are a few possibilities that people think may incorporate towards the factors. In March 13th 1964, there was an incident where a young woman, Kitty Genovese was killed outside her apartment in Queens, New York.
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This will be followed by a short conclusion. Section 172 of the Companies Act 2006 is entitled 'Duty to promote the success of the company'. As the name suggests, it is somewhat ambiguous. Nevertheless it is a bold attempt by the legislators to firstly ensure that directors are acting in the interests of the company and secondly to provide some detail on the factors which directors ought to take into account. Subsection 1 in particular is based on the notion of 'enlightened shareholder value', which is a middle ground between those who believe companies should be run purely for unadulterated
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irreconcilable with the fact that over 800,000 New Zealanders currently live in other countries.3 Any New Zealand immigration programme must reflect the reality that immigration policy is an intensely potent tool in shaping the identity and future direction of a nation. It can immediately and effectively modify the composition of a nation's population, and thus shapes culture through demographic changes. Of similar importance is the influence immigration policy has on the economy in terms of determining the availability and cost of both unskilled and highly skilled labour, and in fuelling growth in different regions of a country.4 An immigration programme
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There is no choice about which laws are to be obeyed, as they are mandatory. Justice is a difficult concept to define, the words a person may use when defining it might include fairness, honesty, equality and truth. The legal system tries to achieve justice for all individuals. Sometimes it succeeds and other times it fails. It is said, to be easier in seeing when justice has not been done than when it has. Law sets out to be just. The formal justice system involves institutions following laid down procedures and principles. The aim is to have a just and independent system.
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Law represents codes of social conduct, which society has decided should be compulsory. This might be described as the only common 'moral framework' there is. The law is a way of formally stating behaviour that is to be regarded as acceptable and behaviour that is regarded as unacceptable. There is no choice about which laws are to be obeyed. Morals are beliefs about the way human beings living in communities should behave. These morals change over time and there are also clear differences between age groups, ethnic groups, religious groups and other communities who hold common attitudes.
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It was the contention of William Dugdale thtat '...the Common Law is, out of question, no less antient than the beginning of differences betwixt man, after the first peopling of this land, it being no other than pure and tried Reason...or the absolute perfection of Reason, as Sir Edward Coke affirmeth, adding that the ground therof is beyond the memory or Register of any beginning'5. This emphasis on antiquity could have been to persuade others of the primacy of the common law.
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It has been of discussion as to whether smoking should be allowed in public places or restricted; nevertheless the new regulations have made it clear that as of the 1st July it will not be allowed. The issue regarding this matter is in terms of the employers whether legally they are or required of to provide a designated smoking spot, or shelter area; this matter is clarified in the legislation as it makes it clear that employers are not legally required to provide such.
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the Consumer Protection Act 1987 holds that the supplier will be liable for any damage caused by a defect in a product. Furthermore the use of Exclusion Clause's in contract's is also restricted under The Unfair Contract Terms Act 1977. It restricts clauses that attempt to limit liability for negligence, and breach of contract (s.2). The above examples of consumer protecting legislation, convey that there are inadequate provisions to cater for the needs of the electronic consumer. In particular the absence of a valid geographical address in e-transactions, means that the above provisions are of limited use as the identity of the supplier is not known.
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as illegal by court, they will make sure the property doesn't go to B so the property will go back to A. Constructive Trust A constructive trust does not arise because of the expressed intent of a settler, one who establishes a trust. The court creates it whenever a person who, in fairness, should not be permitted to retain it holds title to property. The law accepts an oral trust and is inappropriate to disregard oral trust. In the absence of written evidence express trust is unenforceable created but property is obtained or retained by other unconscionable conduct.
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This was done by the UN convention against illicit traffic in narcotic drugs and psychotropic substances of 1998 adherent to criminalise any intentional money laundering in relation to various offences of drug trafficking. Money laundering is not a single act, but instead a process that is accomplished by three stages, which include Placement, Layering and Integration. As money laundering is a cash intensive business generating vast amounts of money from illegal activities, the initial stage of placement requires removing the cash from the location of the acquisition to avoid any detection from the authorities.
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The objective of laundering in each instance is to hide the proceeds of crime and get it to re-emerge in a different place, which the government recognized criminal organizations which are involved in laundering through the huge profits earned from drugs which could corrupt the structure of the state. The UN report 8 noted the basic characteristics of laundering of the proceeds of crime which to a large extent also mark the operations of organized and transnational crime, which are its global nature, Operation Green Ice (1992)9 showed the essentially transnational nature of modern money laundering.
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Jocasta's residence, which was inundated for two weeks, was not insured against flood damage. She understood that she fulfilled the BERS criteria. She accordingly posted an application for financial relief to assist her repair the property the day before the revocation of the scheme. She had been notified that her application arrived too late to be considered. She seeks you advice as to whether she could bring an action for judicial review to quash the decision to revoke BERS, and a mandatory order compelling the minister to give proper consideration to her claim.
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It stipulates what is essential and universal about refugeehood. It asserts a moral claim because it speculates the existence of a normal, minimal relation of rights and duties between the citizen and the state, the repudiation of which provokes refugees. It also enforces an empirical claim because it asserts that the actual consequences of this severed bond are always persecution and alienation.6 An implication to the dislodgement between 'law' and 'social reality' in the definition of the refugee perceived by Harvey can for example, be this persecution and alienation, "which is at variance with the reality of modern forced migration."
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This assignment will review the design, findings and methodology of an article written by Pamela Coxon and Valentine entitled "The effects of the age of eyewitnesses on the accuracy and suggestibility of their testimony".
testimony" (Offprints CD-Rom), and will critically evaluate the research carried out in terms of its contribution to the area of witness evidence. Design This experiment had a factorial design that was between participants. The participants were divided into three groups aged 7-9 (children), 16-19 (young adults) and 60-85 (elderly). All participants watched a short video. They then answered seventeen questions based on the video, four of which were misleading for those in the experimental condition (where misleading questions were introduced). The participants' accuracy was assessed by the number of correct and incorrect answers given to the non-critical (non-misleading) questions asked.
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Media attention was drawn to this issue in 1999 when a deaf person, Mr. McWhinney was discharged. Mr. McWhinney wished to fulfill his role as a citizen by sitting on the jury with the help of a signer - but his appeal was not allowed, as the addition of the signer would make the jury 13 rather than 12 in number. DISQUALIFIED Finally, no one with a serious criminal record is supposed to sit on a jury. Anyone who has had imposed on him a sentence of imprisonment, or youth custody or community or suspended sentence service within the previous 10 years is disqualified, as is anyone who has received a sentence of imprisonment or youth custody for 5 years or more.
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