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University Degree: Other Jurisdictions
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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 In practise there are very few of these placaats that are still in force today, as legislation had repealed many of the old Dutch statutes, and others have been abrogated by disuse, and lost their force through non-application.
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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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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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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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Irish Contract Law - In the post-1922 period, Irish legislation in the area of contract has not been particularly noteworthy. In particular, Ireland has not legislated in the area of mistake or frustration. The answers to the questions presented to us b
Further, in the hypothetical set of acts which we are presented, A and B's successors have continued to observe the terms of the initial contract, so both parties would be estopped from asserting that the contractual obligations should be regarded as being personal to A and B. On the nature of the claim that A's successors have made, one or two pertinent observations come to mind. Firstly, if A's successors are seeking to make a claim for with the reasonable value the benefits conferred upon B, such a claim would appear to be based on a quantum meruit argument.
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Would you feel comfortable with anyone being able to go online and see this information? The over charging of sex offenders happens frequently, especially with the emergence of cell phones and sexting. Eighteen year olds and fifteen year olds are frequently in relationship, however this is dangerous legally because eighteen year olds are considered adults. When nude pictures through texting by underage people, it's considered child pornography. Lawyers and Legislators considering the child pornography laws to be too blunt (Tamar), but as it stands now, an eighteen year old could be charged with being a sex offender if he exchanges nude pictures with his underage girlfriend or shares her nude picture with others.
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What are the various statutory means of consumer protection in advertising and how effective are these means?
Literature Review: I have looked at a variety of text books, not just my school ones (see bibliography). Most of them are very brief on the subject of advertising but are useful for my research as a starting off point as they outline the two main pieces of legislation the Trade Practise Act 1974 (Cth) and Fair Trading Act 1987 (NSW), and their provisions. There provisions are very comprehensive (containing areas such as Bait and Tackle, puffing, misleading and deceptive conduct, unfair trade practice or tactics, advertising likely to deceive is still unlawful and false descriptions).
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Religion and Environment in India. The religious heritage of India shows a deep concern for the protection and preservation of the environment.
Our voice must reach them; otherwise, our spiritual needs will remain unministered. We are not less noisy in our secular matters. Our marriages and burial processions must be accompanied by bands, twists and bhangras."2 Another eminent writer Professor Upendra Baxi has stated, "In India, environment protection and management started only after 1972 i.e. after the Stockholm Conference."3 However, from the above observations it should not be understood that in ancient Indian there was no concern for environment protection and that this concern is only of recent origin.
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Legal education in India. Legal education and quality of law graduates have great impact on the quality of judiciary bar and bench. Legal education is also substantively relevant for other spheres of national life related to law-making and law-enforc
Besides, lawyers, judges and law-graduates have a social responsibility towards the people at large to facilitate their access to justice, not only by way of application of law, but also by promoting mass legal awareness, sensitizing people to sectoral as well as national issues, upholding and propagating, thereby, social values of law. These have great bearing on the rule of law, democracy and socio-economic development of a nation. There is therefore need to articulate a clear long term vision on legal education in India, a vision guided by a continuing commitment to excellence.
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The next question is whether the arbitration is domestic or international under the Ordinance. Since the subject matter of the case is an "international sales contract", it is almost certain that it fulfills one of the requirements stipulated in Article 1(3)(a) or 1(3)(b)(ii) of the Model Law,4 in which case the Fifth Schedule of the Ordinance (UNCITRAL Model Law) would apply to the arbitration. Our client should know that if the parties cannot agree on the number or appointment of arbitrators, HKIAC, not the High Court, is vested with the statutory duties to make default appointments.5 In the absence of conditions preliminary to commencement (e.g., mediation before arbitration), our client could commence arbitration by
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So under those circumstances there would be no contract let alone a binding one. This would be taking the simplistic approach; instead it is necessary to look at what a reasonable person would think to determine whether an offer was made. Would a reasonable person think that what Dell said was intended to be an offer to Paris and would Dell's conduct have amounted to an offer?6 The courts may take the view that a reasonable person faced with a similar proposition could take the view that an offer had been presented to them.
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If a person has been in Australia for two months and does not make an application within that time, then Section 54P(2)14 of the Migration Act 1958 (Cth) (Act) requires that person to be expelled as soon as is possible, or if a person has been denied entry to Australia, Section 54P(3) of the Act requires they be expelled as soon as is possible after their entry has been refused.15 Also sections 54L and 54N16 of the Act gives the Executive the powers of detention with a limited number of important restraints that are imposed by provisions of Division 4B17.
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He also had a history of bad personal debt and he also was involved with a number of other companies.13 Mr Brokken was Cheers accountant and had known him for a long period of time and was aware of his client's bad financial management. He had only ever met Begbie once.14 Mr Henshaw was the manager of the State Bank of New South Wales branch in Bundall and he was personally keeping an eye on the Cheers and Snowlakes accounts.
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underlying causes as: 'The classic indicia of children likely to suffer neglect, abuse and/or sexual abuse are, unfortunately particularly apparent in Aboriginal communities. Family dysfunctionality, as a catch-all phrase, reflects and encompasses problems of alcohol and drug abuse, poverty, housing shortages, unemployment and the like'.5 It was this report which was the catalyst for the events which followed. On June 21, John Howard labeled it a 'National Emergency' and announced an intervention which included bans on alcohol and x-rated pornography in 73 Aboriginal townships and communities and Government takeover of Aboriginal community leases.6 The proposed bill was criticized as a
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As a result drug addicts have always been seen as patients in need of help rather than as criminals requiring punishment, (Chatwin, 2003, p568 and quote p568, and Mol & Trautmann, 1995, p16). This liberal policy where there were provisions for drug addicts was born through a radical amendment of the Opium Act in 1976 which also involved an attempt to differentiate between drug markets. There was a distinction made between 'hard' drugs, which involve an unacceptable degree of risk to society (drugs such cocaine, heroin and amphetamine), and hemp products, which are known as 'soft' drugs, (Dorn, Jepsen, Savona, 1996, p97).
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In today's world, the problems of drug access in prisons have increased dramatically. Visitors and staff are the main sources of the drugs because they have the easiest connections to the outside world.
Although inmates feel like they are better than others when they have a source for drugs, this becomes the reason for many fights that break out behind bars. In prison, "drugs because a source of power, criminal influence and are used as currency. Many incidents of violence can be attributed to drug trade activities" ("Drugs in Prison", 2005). Being high on a drug in prison may have more of an effect on the inmate's actions due to the hostility and hatred in prisons.
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Whether if there is provocation, the provocation was sufficient as aforesaid, and whether it did in fact deprive the offender of the power of self-control and thereby induced him to commit the act of homicide are questions of facts. It is only in the clearest cases that it should be withdrawn from consideration on that basis-per Briggs J.A. in Chacha s/o Wamburu If the facts of a case disclose provocation, in arriving at a judgement, the court will consider the direction laid down by Briggs J.A.
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Finally, I discuss the key points of comparison and divergence between European and domestic law. THE EUROPEAN DIMENSION: A BACKGROUND Prior to February 14th 2005, Council Directive 90/313 EEC3 ("the old Directive") provided for the freedom of 'access to information on the environment'. Effectively, this instrument, by itself, has been seen as setting into motion a greater climate of transparency, accountability and openness, through informing European Union citizens about environmental issues4. According to Meehan, Directive 90/313 EEC represented "the EC law standard below which public access [to environmental information] is not to fall".5 Before the implementation of the old Directive
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