University Degree: Other Jurisdictions essays
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133 University Degree Other Jurisdictions essays
Family Law in Australia. The legal system has changed dramatically in the last century or so, and has been forced to address certain issues regarding Family Law; such as the recognition of same-sex relationships and the issue of surrogacy and birth techno
Same-sex relationships have been a historical controversy. In Hyde v Hyde and Woodmansee 1866 it defines marriage as, "the union of a man and a woman voluntarily entered into for life to the exclusion of all others". Although still used today, society's perception of marriage and of the family unit has changed dramatically. This can be seen in the emergence of same-sex relationships. The legal recognition of same-sex relationships in NSW and elsewhere in Australia has increased dramatically in the last 20 years to a point where most jurisdictions generally provide same-sex couples with the same rights and obligations as heterosexual de facto couples.
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Narni Pty Ltd v National Australia Bank Limited. This paper examines the agreement by conduct to extend overdraft limit and whether an implied term not to terminate the account without notice exists.
However, the manager allegedly said she should wait and see how things developed. No overdraft facility was approved till June 1988. The day to day income of the nursing home was solely funded by income received from the Federal Department of Health and Community Services (DCS). These contributions account for 80% of the nursing home budget and were received at the beginning of each month with a final payment about two weeks later. Immediately after the receipt of the funds from DCS, the account was then in credit with the bank.
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WHALING IN THE 21ST CENTURY: ARE AUSTRALIAN & INTERNATIONAL LAWS & POLICIES SUFFICIENT IN PROTECTING WHALES IN THE SOUTHERN OCEAN FROM EXPLOITATION?
law.6 II AUSTRALIA'S TERRITORIAL CLAIM IN ANTARCTICA AND THE REGULATION OF WHALING A Australia's Territorial Claim in Antarctica The application of Australian law in relation to waters adjacent to Antarctica are based upon Australian sovereignty in Antarctica and international law. The Australian Antarctic Territory (AAT) is an external Territory of Australia as a matter of Australian domestic law,7 and is governed by provisions outlined in the EPBCA.8 While the ATT is recognised under Australian domestic law, sovereignty claims of Antarctica is a sensitive international issue, with only the United Kingdom, France, Norway and New Zealand officially recognising Australia's claim over
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INDIGENOUS AUSTRALIANS: THE BRITISH INVASION, TERRA NULLIUS, AND THE CONTINUING FIGHT FOR LAND RIGHTS RECOGNITION
In recent years, common law has seen the introduction of the recognition of Indigenous Australian land rights. This has been a result of the successful outcomes in cases such as Mabo3 and Wik4. However, it is still questionable as to whether or not there can be optimism for 'justice' to be delivered to Indigenous Australians in relation to their land rights. In addition, the impact of international law on the plight of Aboriginal Peoples is important to recognise, namely, the First Optional Protocol of the International Covenant on Civil and Political Rights,5 and whether or not this has helped or hindered them in their fight for recognition of land rights.
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This essay focuses on the issues surrounding environmental sustainability and the impact it has on corporate governance. It will focus primarily on the changes that will occur for internal corporate governance in Australia once the new Carbon Pricing Sche
debate regarding the introduction of an environmental tax for corporations that produce an extensive amount of carbon emissions, which impact negatively on the environment. Corporations already have national greenhouse and energy reporting obligations and national renewable energy targets.10 However, until recently, the obligations on corporations and the ramifications for failing to comply under the Australian Federal Government's proposed form of a national Carbon Pricing Scheme have remained somewhat elusive.11 In July 2011, the Australian Federal Government finally proposed the introduction of a new carbon pricing mechanism to target GHG emissions.
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Part of the American tradition of preferring older judges (contrary to civil law countries) has to do with the need for the judge to have gained adequate knowledge of the law and the complexities of court procedure, particular in the manner of law-making capacities. Therefore career paths of judges in the United States differ from them of judges in civil law countries. 1. Appointment Process of Judges in Alaska The judicial system in the United States is known as dual court system, which means both state and federal governments have their own set of courts.
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One of the most significant changes to the doctrine of precedent that applies to the Australian courts derives from the changing status of the English judicial decisions.
475-476, 7. 4. Human Rights and Equal Opportunity Commission, Bringing them Home: National Inquiry into the Separation of Aboriginal and Torres Strait Islander Children from Their Families  257-286. 5. Dr Julie Cassidy, 'The Impact of the Conquered/Settled Distinction regarding the Acquisition of Sovereignty in Australia' (2004) 8 Southern Cross University Law Review 1-50. 6. Children (Protection and Parental Responsibility) Act 2004 (NSW). 7. Peace and Non-Violence Commission Bill 2007 (Cth). 8. Convention on the Elimination of All Forms of Discrimination Against Women, opened for signature 18 December 1979 (entered into force 3 September 1981).
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Australian Court vist report. In observing the R -v- Spina case there were many key participants that were Identified in the courtroom.
Describe the proceedings in detail. Sica was charged with Section 33(1)(a)(b) of the Crimes Act 1900 with the intent to cause grievous bodily harm and also section 18 that defines murder as the 'act of the accused or thing by or her omitted to be done, causing the death charged, was done or omitted with reckless indifference to human life, or with intent to kill or inflict grievous bodily harm upon some person, or done in an attempt to commit, or during or immediately after the commission, by the accused, or some accomplice with him or her, of a crime punishable by imprisonment for life or for 25 years'.
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Hong Kong Constitutional Law - in order to combat cross-border crime in an effective way, clear principles and details on practice as to under which conditions suspects should be transferred between Hong Kong and the Mainland is essential.
Hong Kong only has limited extra-territorial jurisdiction which is provided by law.7 On the other hand, the Mainland uses the eclectic approach in which the territorial principle is the basic rule, with the personality and the protective principles as its supplements.8 Background The Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China ("BL") which prescribes the systems to be practiced in the Hong Kong,9 affirms at Article 18 and 19 Hong Kong's right to enjoy independent judicial power and final adjudication.10 No national law shall be applied in Hong Kong unless they are written
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American Public Law Brief. RACHEAL ROBERTS, PLANTIFF v. BRIANAIR, INC - Whether the district court erred in ruling that the provisions of the Humber State statute that set out to protect individuals like the plaintiff from single parenthood discriminatio
state's police powers in the eyes of the court.2 The court highlighted this by stating "because the states are independent sovereigns in our federal systems, we have long presumed that Congress does not cavalierly pre-empt state-law causes of action"3. The threshold necessary to be overcome to prove this pre-emption is 'a clear and manifest purpose on the part of congress to pre-empt state law' which must be communicated by Congress. Without the fulfilment of this requirement, the court is unable find a law pre-empted by Congress.
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The applicability of the Placaeten (passed by the Estates of Holland on 26 September 1658 and re-enacted thereafter on 24 February 1696) to rural tenements, or to both rural and urban tenements has long been a contentious and controversial issue in South
These common law rules were significantly altered by a large number of new laws that were enacted from and after 1580 by the States of Holland and West Friedland. These enactments were more commonly known as edicts or placaats and were all recorded in the Groot Placaet-Boeck, of which there are ten volumes2. In practise there are very few of these placaats that are still in force today, as legislation had repealed many of the old Dutch statutes, and others have been abrogated by disuse, and lost their force through non-application.
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In his article, Du Plessis does a comparative review of the law of unjustified enrichment in the South African and Scottish jurisdictions and finds that in both these jurisdictions, unjustified enrichment has the following similarities:
broader meaning, such as the general absence of a justification for the enrichment.5In his overview of the works of Grotius he concludes that it is vital to distinguish between the absence of legal ground in the form of a broader justification for allowing a claim. COMPARATIVE LAW In his article, Du Plessis does a comparative review of the law of unjustified enrichment in the South African and Scottish jurisdictions and finds that in both these jurisdictions, unjustified enrichment has the following similarities: a)
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Property Law Essay. Victorian and ACT Human Rights Acts. The law of residential tenancies is wholly governed by the Residential Tenancies Act 1997 (thereafter RTA). Its jurisdiction lies primarily in the VCAT.
all pre-Charter legislation will have to be amended, since all provisions are designed to give effect to the higher purpose of legislation - to address some social mischief.18 As an interpretation of a provision is derived from and gives effect to this higher legislative purpose which is the intention of Parliament, it will be impossible to interpret a provision consistently with human rights within the parameters of this purpose unless the latter is first coloured with human rights overtones. Even if Parliament may issue an override declaration19 or is under no obligation to remove the inconsistency despite a Declaration,20 it
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Memo of Advice- The most significant of the recent reforms to the Corporations Act 2001 (Cth) in Australia is the policy embodied in the Corporate Amendments (Improving Accountability on Director and Executive Remuneration) Bill which was passed by the Ho
As such, the new rules have led to increased corporate credibility and transparency in the process of executive remuneration.4 The Centro and Fortescue decisions Facts In the Centro case (ASIC v Healey & Ors  FCA 717), Australian Securities and Investments commission (ASIC) filed charges against Centro properties group (CPG) alleging that the directors of this company signed off financial statements which contained major errors in them.5 The federal court ruled the case in favour of ASIC noting that "the directors failed to take all reasonable steps required of them, and acted in the performance of their duties as directors
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CHAPTER ONE DEFINITION OF TERMS 1.0 ARBITRATION This is a way of settling disputes. It is a situation where two parties decide before a dispute arises that if that dispute arises between them, they will settle the dispute in a particular manner. It is a method of settling disputes under which the parties agree to be bound by the decision of a third person whose decision is, in general final and legally binding on both parties. This process derives its force from the agreement of the parties with the aid of the courts which enforce these decisions3.
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Sir Goronwy Edwards had said that two things in special had made the Welsh a nation: the language and the law. Utilising primary sources (namely medieval Welsh literature in the form of the law books), and secondary sources (in particular hi
Latin remained influential; this can be seen on memorials, where Latin inscriptions are contained. Watkin describes the situation with regards to the Church: "The Church within Britain after the Romans left definitely maintained what can only be described as cultural Romanism."7 Jocelyn Toynbee concludes that following the Roman period, the Christian faith in Wales was "thoroughly Roman in creed and origin; Roman, too, initially, in its organisation and practice."8 Regarding the law in Wales, Carr comments that Rome was "the fount of all legitimate authority."9 It is very likely that the Romans did have an influence on the law; however evidence directs us to the fact that this was not the only influence.
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The court's that are established under Congress consist of the United States Court of Veteran's appeals, United States tax courts, bankruptcy courts, United States court of Military appeals and the Magistrate Court. The individual judges that head these courts have main contacts with the Senate and the President of the United States. The Courts of Military appeals, the tax courts as well as the court of Veterans appeals are known as the legislative court's or Article I. The Magistrate and the bankruptcy court's are attached to the district court of the United States.
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The 14th amendment ensures that not only all citizens are entitled to due process but at the same time they are entitled to fair notice. Meaning that crimes and punishment must be publicly known to all citizens by any means possible. Due process is broken up in many facets in regards to procedures and trial. The due process model recognizes the disparity of power between the state and the private citizen. The state has virtually unlimited resources to press its case against the citizen. We recognized long ago that the state, despite its power and investigative resources, sometimes makes mistakes.
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Land law. The purpose of this paper is to present an analytical and investigative study to examine the relationship between the identification of the causes of incomplete contracts and the extent to which this can help protect business interests. To asses
be legal.2 This means that requirements such as consideration and certainty of terms should be satisfied. However, and as will become clearer after a closer analysis, satisfying these requirements does not protect a contract from falling into the black hole of incompleteness, as this can occur any time one or both parties fails to address an important element of a given transaction. Australian law is very slow to rescue parties from incomplete agreements, which can add to the financial losses in such events.
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Moreover, compared to litigation arbitrations costs relatively less. Therefore arbitration is becoming increasingly popular. This system is quite new in Uzbekistan and is therefore still developing. So if we compare it to a much more advanced system, like the Russian system, we can find many differences. Arbitration in Uzbekistan: Compared to any other legal system, it is possible to say that the Uzbek legal system is a relatively young and developing system. The arbitration system has been operating in Uzbekistan only for the past 3 years.
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Outline the laws and government policies that have shaped and continue to affect Indigenous peoples experiences of criminal justice in Australia. Evaluate indigenous restorative justice alternatives and their appropriateness for cases of sexual a
This paper recommends a Federal Government initiative is necessary to develop policy through extensive consultation with Aboriginal people. As the global profile of Australia continues to expand, there will be increased scrutiny on issues of equal treatment and rights for Aboriginal women, who cannot be left to endure without adequate protection of the law. II. VIOLENCE AGAINST ABORIGINAL WOMEN Pre Colonisation Aboriginal women played a central role in the family structure and wider community structure in Australia. Women occupied specific roles within community management and spiritual and cultural ceremonies.
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Arrest under CrPC, India. To make sure that the power to arrest is not arbitrary exercised by the police officer Article 22 of the constitution of India and chapter V of criminal procedure code provides direction for safeguards against arbitrary arrest.
27. Koechlin v. Waugh and Hamilton,  O.W.N. 245. 28. Kultej Singh v. Circle Inspector of Police, 1992 Cri.L.J. 1173 (Karnataka). 29. Mahendra Hatijivan Luthur v. State of Gujarat, 1999 Cri L.J 3027 30. Manoj Kumar Agrawal v. State of Uttar Pradesh, 1995 Cri.L.J. 647 (Allahabad). 31. Miranada v. Arizona, 384 US 436. 32. Nataraj v. Bangaru AIR 1965 Mad. 212. 33. Neeraj Sharma v. State of Uttar Pradesh, 1993 Cri.L.J. 2266 34. Nila Bati Behara's case 1993 Cri L.J 2899 35.
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Anticipatory Bail under CRPC. A critical study of the recent amendments and judicial interpretation of Section 438
The Supreme Court in Gurbaksh Singh Sibbia v. State of Punjab1, case held that the power under section 438 was an extraordinary power and a petition under this section should be dealt by the courts according to the factual circumstances of the case. It further held that the sessions court or the high court have wide discretion while exercising the power under the section and the legislature intent for granting such wide discretion was firstly, that it would be difficult to enumerate the conditions under which anticipatory bail should or should not be granted and secondly, because the intention was
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POLICE AND HUMAN RIGHTS: This project aims to look into the very basic idea of Human Rights with respect to the police processes especially in the case of arrest for this purpose the law of arrest in India will be compared with International Conventions.
the due course of paper, The question has arisen time and again as to why the importance is given to the protection of Human Rights at the pre-trial stage? One of the reasons can be that, if a wrong is done to an arrested person at the beginning of the process, it cannot be corrected at any stage whatsoever as this is the basis of the whole trial. As it is true that a lot of Human Rights violations take place during the arrest procedure only, which is an insult to the dignity of an individual?
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This is to prevent injustice to the parties of a case supposedly finished, but perhaps mostly to avoid unnecessary waste of resources in the court system. Res judicata does not merely prevent future judgments from contradicting earlier ones, but also prevents them from multiplying judgments, so a prevailing plaintiff could not recover damages from the defendant twice for the same injury. Res judicata includes two related concepts: claim preclusion, and issue preclusion (also called collateral estoppel), though sometimes res judicata is used more narrowly to mean only claim preclusion.
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