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University Degree: Other Jurisdictions
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Equally, the general rule is subject to a range of exceptions. Sometimes, as with matters of national security, the exception is justified on the basis of considerations extraneous to the trial itself. More often, the reason for departure from the standard of open justice is to be found within court procedure themselves. Many witnesses, for example, feel daunted by the prospect of testifying in public. Here it is open justice itself that is, at least in part, responsible for creating the difficulties, and there is consequently reason for considering departure from the ideal.
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statistics mean that approximately 375,000 babies are born each year with prenatal exposure to drugs. Of those, 6,500 babies are born with full-blown Fetal Alcohol Syndrome; with 40,000 more are born suffering from some form of alcohol-related birth defect. And, although drug and alcohol use know no societal boundaries, black women and women in poverty are more than ten times more likely to have their drug and alcohol consumption reported. II. Consumption of Controlled Substances During Pregnancy a. Alcohol and Fetal Alcohol Syndrome It has been known since the 1970?s that a causal connection exists between maternal alcohol consumption, fetal
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Critically examining 2-3 key issues make a case for socio-legal reform regarding intellectual disability and the Australian criminal justice system.
This is why it is in my recommendations that a law reform is considered necessary to expand the range of disabilities that are taken into account. Cognitive impairment is an overarching term that represents a greater range of disabilities, which is why the legal needs to undergo a reform to address this larger scope. A vital reform that I propose to be attended to would be the issue of bail for those with an intellectual disability. As previously stated, there is an overarching necessity for the criminal justice system to look towards more supportive measures rather than coercive when it comes to dealing with intellectually disabled people and the law.
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Sentencing Juveniles. The risk assessment system would identify several risk factors that are common between juveniles. This system would go through a list and see if the juvenile would fit in for a secure facility
I view these factors as the most important indicators for the need of secure placement. Also, there would be another list for risk factors that would explain their most recent offenses and behavior. I would call this step list two. This second list would include: 4. age at first adjudication, 5. prior out-of-home placements, 6. prior supervision behavior, prior escapes or runaways, 7. has juvenile received mental health help or substance abuse care (Taylor, 2011). This second list would be weighed less than the first. This second set of risk factors would represent the important aggravating circumstances that should be taken into account in determining the need for secure custody or the level of security required.
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Employment Law Case. The article relates the prosecution of Vincenzo Todaro, owner and manager of Venezia restaurant in Perth, who has been involved in the underpayment of two of his employees (MacDonald 2012).
Despite Mr Todaro affirms that Mr. Ng was just a trainee and Ms. Lei just a volunteer, the WA Industrial Magistrate?s Court supported the claim of the two employees and imposed the manager to pay them $78,000. Another example of contract can be found in the agreement made between the owner and the employees regarding the car. Mr Todaro had promised them a new car if they didn?t raise claims against him. Nevertheless, they haven?t received any. This kind of agreement can be concerned also with Property law as it?s about the acquisition and transfer of private rights in goods (Lambiris 2011, 10).
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Employment Case. The main issue raised by this case is whether it is legitimate to pay those employee entitlements at a lower rate than what would be paid according to the holding company (Aussieair) in Australia.
In other words, assets of the corporate group cannot be pooled to pay for the debts incurred by each company within the group: Walker v Wimborne. The reason behind this is that each company within the group is a separate legal entity. One of the major legal consequences of a separate legal entity, being that shareholders have limited liability, was illustrated in the leading case Salomon v Salomon & Co Ltd. In The Albazero, Roskill LJ extended such principle to corporate groups and observed: ...each company in a group of companies ...
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