Essays on Common Law

International Criminal Law

Question 1 A. There are several modes of the liability that are used for the determination of the liability of the person prosecuted for the international crime. Given the merits of the case in question, the prime minister of Sanchista should be liable for the order issued in reference to the Nisum Campaign. The provisions of the ICTY are designed in the manner so that to address all criminal offences that are committed by the state bodies and relevant executives in the prosecution of particular persons. The article 6 of the ICTY defines that committing of the criminal actions ...

A. Beyond the merits of the case, the chances of Edie in winning this case depend completely on the investigation of the behaviour of the defendant as the reasonable person in the similar conditions. This approach is regarded as the main pillar of the tort law that is used for the determination of the liability between the parties during legal proceedings. With that, it should be noted that there are several cases when the applicant faces difficulties in proving fault for slip and fail accidents. There are several conditions that should be met established and proved in order to ...

Introduction

Traditionally, employment relationships have generally been governed by the common law doctrine of employment at will. In the nineteenth-century American common law, the employment-at-will doctrine became the norm. The at-will-doctrine holds that unless the parties expressly agree in particular duration, the employment relationship can be served by either employer or the employee at any time and for any reason. According to the Bureau of Labour Statistics, however, there are major exceptions to Employment-at-Will including implied contract exception; policy exception and convention of good faith and fair dealing (Muhl, 2001). Employment at will is basically a voluntary and indefinite employment ...

Judicial Activism of the Court of Justice of the European Union

Since the ECJ handed down the 2005 Mangold v. Helm case, there have been several criticisms provided by different scholars of the decisions it made and what they believed had various consequences for the European Union law. Essentially, the decisions made by the court involved several queries, but the main one was applicability of European Union age‐based anti‐discrimination law in situations involving the fixed‐term employment contracts. The contracts were founded on the law that permitted the fixed‐term contract with no demands for the objective reasons that justified the limitations of the employment period past the ...

Introduction

In a landmark case, the judges concluded that for the success of a modern liberal nation, there must be a constitutional protection that ensures that the constitution promotes free expression “by establishing a marketable right to the use of one's expression, copyright supplies and the economic incentive to create and disseminate ideas”. Thus, by implication, copyright is supposed to be “an engine of free expression”. The purpose of this paper is to analyse the accuracy of the claim that copyright is an engine of free expression. The paper will critically assess the original position taken on copyright by the ...

LEARNING ACTIVITY 1

(1.) The common law of contracts would be applicable in this case (Clarkson et al., 2012). First, for all of its history the common law of contracts has always applied to real estate transactions. This case, which involves the selling of a house, is a real estate transaction. The Uniform Commercial Code (UCC) is a newer form of contract law that mainly focuses on the sales of goods or tangible property. It was established in response to increasing commercial actions (Blum, 2013). (2.) A court would likely find that no contract existed. The fundamental elements of any contract is ...

12 Questions 1 - Environmental law is the set of laws and treaties which governs the limits to which the human actions affects the environment around us. We need environmental law because without it the worsening situation of our earth cannot be controlled and the state of our environment will worsen even more than the current state. Environmental lawyers are needed to uphold the environmental laws so that the prosecutors can be brought in front of the law and served the rightful justice. 2 - The environmental law was first formed in the year 1970. The section which is ...

Lord Gardiner’s statement is a wonderful example of legislators recognizing that precedent may stifle the appropriate outcome in a legal dispute. Comparisons can be made between other Western countries; for example, the US Supreme Court has reversed precedent that it set itself decades prior, such as the landmark case Brown v. Board of Education. Just like these countries, Lord Gardiner believed that Britain should not limit itself to decisions based solely on decisions in the past because the modern day situations that arise often require a more complex and systematic methodology for determining justice. In addition, but not ...

In terms of judicial interpretation, the fact of the matter is that there is no one “proper” way to interpret the Constitution; there is a wrong way to interpret it. Moreover, as all judges are human, there is no way that a judge can or will be able to separate completely, who they are and, as Justice Sotomayor said, their “background and experiences,” from their judicial decision-making. For example, an African American or Latino judge that has been profiled by a police officer during their youth must necessarily have a different interpretation of the parameters of the Fourth Amendment ...

Overview

Health Insurance Portability and Accountability Act guarantees the security of patients and confidentiality of their medical records. Healthcare centers have put in place digital methods of recording data, which is secured by encryption or by private access keys that are only known to healthcare providers to enhance security. Healthcare practitioners have appreciated medical privacy with patients taking legal actions against violation of their privacy and confidentiality. However, healthcare providers have experienced ethical dilemmas in various situations where they are torn between their code of ethics, overall welfare of patients and other concerns such as national security. Mary (a senior ...

Q. 1 The health care reform brought by the Affordable Care Act (ACA) has had a fundamental influence on the social, political, and economic environment of the U.S. According to Rosenbaum (2011), ACA has raised Medicaid enrollment by 15 million beneficiaries and reduced the number of uninsured by 31 million Americans. However, economically, it has led to increased healthcare costs for small business employers and politically, it has caused political differences between Republicans and Democrats, with the former vowing to repeal it. Q. 2 According to Norris (2016), the state of Florida is one of the active resisters of ...

Introduction

For the last two decades the popularity of the international investment arbitration and legislation has been dramatically increased. The volume of cases considered by virtue of the interpretation of the provisions of the bilateral investment treaties signed between the parties of the commercial relations has been increased. In addition, this trend reflects the preference of the business units and states in signing agreements with the umbrella clauses due to their simplicity and efficiency in determination of the disputes between the parties. The availability of several mechanisms that can be used for the determination of the interests of the parties ...

Introduction

The English contract law consists of a body of rules that control contacts in England, with its foundation based on the intense activities of the judiciary that took place in the industrial revolution. It is critical to mention that the law shares some of its core elements with the commonwealth countries such as Australia and Canada. However, the law had for long been undergoing influences of the European Union during the period that the UK has been a member until this year when it withdrew the membership of the European body. The English law perceives people who enter into ...

CHAPTER II

This chapter will seek to conduct an absolute inquiry into what makes up security interest laws in the United States. In order to lay the foundation for comparisons in subsequent chapters, the three main elements of the study of the Saudi system will be reviewed here in the context of U.S laws with an emphasis on California state law. The features of the California legal system will include the assessment of foreclosure rules and patterns in California. This will include a detailed fact-based evaluation of CCP580 (b), CCP580 (d) and CCP726 (a). The different components will enable the study ...

The case involves a guest of the hotel in Jamaica, where a guest was severely injured while working out in the fitness center of the hotel.  

Issues:

What jurisdiction and law should apply for the case? The jurisdiction and law that should apply here is the Jamaican law, in Jamaica. The US law in Miami cannot apply because, as stated in 28 U.S.C subsections 1391(a), a US court only has jurisdiction in such cases over the defendants where at least one defendant is domiciled in the particular judicial district. This principle has been affirmed in the case of Steven ...

Brian Short v. State of Florida

The Main Issue Is the “Maintaining the size of our children law” in the State of Florida is unconstitutional considering the imposed marriage prohibition on the basis of height?

Relevant Legal Concepts

Under Section 1 of the 14th Amendment, no state shall enforce any law that would abridge the privileges and immunities of the citizens of the United States, nor shall any state law should deprive any individuals of their liberty, life, property, denied jurisdiction of equal protection of the law and without due process (Schubert, 2008, p. 24). Civil rights is a basic proponent of the Constitution stipulating that personal liberties ...

Elements of a Valid Contract

A contract is essentially a meeting of minds, which may only occur when the following five elements are present: an offer, an acceptance of the offer, an intention to form a binding contract, a consideration, and capacity. An offer represents an intimation of the willingness to enter a contract on given terms, and must be made with the intention to be binding upon acceptance. It must be definite and certain, such that it will not necessitate further negotiations prior to acceptance (Carlill v Carbolic Smoke Ball Co., 1893). It should also look like a contract in the estimation of ...

Incarceration appears to be one of the most popular forms of punishment for committing crime or other offences. The largest number of prison population is in the United States. According to a study, performed in 2013 by Lauren E. Glaze and Danielle Kaeble, statisticians by the U.S. Bureau of Justice Statistics (BJS), about two million adults were incarcerated and others less than five million were under parole or probation. Totally 6 899 000 adult individuals were under the supervision of Criminal Justice System (prisons, jails, parole, probation) in 2013. (Glaze, L., Kaeble, D., 2013) With the establishment of prisons, ...

Introduction

With the ongoing process of internationalization, the inter-connectedness between countries significantly improved and it persuaded regulators worldwide to think about criminal justice on a global perspective. Though different countries follow different types of criminal justice systems, they all have identified the need of enhanced co-operation for establishing law and order in their territory. Fast advancements in the technological landscape assisted nations worldwide to take collaborative efforts to promote crime management and prevention. However, growing cyber crimes raise new threats to criminal justice systems worldwide because criminals have always been one step ahead of law enforcement agencies in terms of ...

What is the background information provided by the author?

The current environmental regulatory regime led to widespread dissatisfaction. This is because the centralized command-and-control environmental regulation does not offer a reliable method for determining the optimal amount of pollution or finding the most efficient means of achieving the desired pollution level. This has resulted in various reform proposals and policy changes to increase environmental quality. One of the proposed reforms includes abandoning most of federal environmental regulation and returning to the common law environmentalism. This proposal has however received harsh criticism from most stakeholders in the environment sector who believe that the failure of state common law is ...

Business and Law

BUSINESS AND LAW Introduction The breaching of contracts and denial of human rights have risen over the past few years due to the lack of enough knowledge. The paper covers several cases whose judgment is based on the Australian common law and consumer acts in the IRAC format

Question 1

Issue: Does Brenda have an action against Steven for the breach of contract? Rule: According to the Australian contract law, an anticipatory breach of contract can occur from time to time. An anticipatory breach of contract refers to where one party informs the other that they will not deliver what was ...

Introduction

There are several options open to Acme Fireworks. As a sole proprietorship, the owner is able to hire employees. The biggest benefit of a sole proprietorship is the easiness of dealing with taxes and the easiness of running the business. There are some drawbacks to being a sole proprietorship, such as the fact that the owner is personally liable for any legal situation that arises through various contracts or business deals (Dishman, 2010). The owner of Acme Fireworks should strongly consider upgrading his sole proprietorship because the business contracts appear like they may be permanent; regardless, as Acme is ...

There are various guidelines in the United States of America that decide how tests may be used in legal cases. The three main systems are statutory, case law, and the one that corresponds to the American Psychological Association. Even though these three have the same principles and main points, they differ on their approach and the stipulations that they set for practitioners. The more legal aspects of these procedures respond to either statute or case law. Mental health standards vary from state to state, including the competency to be applicable for capital punishment. There are federal statutes that must ...

Essay

The Relevance of the Common Law to the New Zealand Legal System The legal system of New Zealand comprises legal principles obtained from the English 'common law', legislation or precedent which comes from the amassed and compiled court decisions or resolutions. Constitutional guidelines which are embedded in the common law involve specific civil rights, like the right to freedom of expression, including the Governor-General's specific powers and the majority rule in the parliament system (Gearey, Morrison, & Jago, 2013). Similar to England, the rule of parliamentary sovereignty is firmly institutionalized and Parliament in consequence has the authority to overrule or ...

The primary objective for the formation of the European Economic Community (ECC) was to create a common market to enhance the achievement of a trading advantage over other Atlantic states. The member states hoped that the move would spur growth by promoting marketing scale and capitalizing on specialization among the member states. However, the ECC faced many technicalities when creating a common market due to lack of strategic decision-making structures and protectionist attitude adopted by members. It was especially difficult to remove barriers and enforce common trade regulation. For a common market to have some effect, freedom of capital, ...

Essay in English Law Whether it is Unfair for Criminal Justice Insiders to Sit On Jury

Most likely, it is unfair for someone who works in the criminal justice system to be chosen to participate as jury selection-members, in the British legal system. Prior to the time of the Global Recession of 2008, one report discussed several aspects of the UK-defined protocol of what a jury-system process entails. Commentary was made regarding the UK jury system historical roots, trial-jury size, secrecy, independence, and selection (“Jury Service – Crown Prosecution”). One set of erudite Australian Professors noted that the advent of social media had fundamentally caused problems, especially during trials (Wallace et al. 2011). Consider, however, the ...

Introduction

Statements made prior to making a contract, as a rule, are not binding for the parties. At the same time, false or misleading statements made with the purpose of inducing another to enter into a contract can be found invalid, giving an innocent party the right to various remedies under the law. Under the common law, a victim of misrepresentation may be entitled to rescind the contract. Legislation, such as Australian Consumer Law, sets a pecuniary penalty in the event of breach of any of its provisions relating to consumer guarantees or false/misleading statements. Thus, the relevant case law ...

CONTENTS 1. Part I - Occupational Health and Safety Law 3 1.1. The UK Approach to Regulating Occupational Health and Safety 4 1.1.1. The Role of Legislation (Civil, Criminal and Administrative), other sources of law and recommendations 4 1.1.2. The Role of Law Enforcement and Specialized Agency 6 1.1.3. The Role of Courts 7 1.2. Comparison between the UK and the Brazilian approaches to OSH regulation 8 2. Part II – Management and its Impact on OSH 8 2.1. Administrative approach to management 9 2.2. Scientific management 9 2.3. Behavioral approach to management 10 2.4. Co-operative social systems approach 11 ...

Issue: The current shooting incidents at the hands of police officers are on the rise, with no hint of slowing down. From the shooting of Rodney King in the early 1990s by Los Angeles Police Department (LAPD) officers to shooting of Amadou Diallo in late 1990s at the hands of New York City Police Department (NYPD) officers there have not been as many incidents of what many see as either police brutality or police misconduct in over 20 years. There was a long period of drought where police incidents were sparse. This dry spell broke in 2014, when Officer ...

In any event, a contract has implied and express terms. Express terms are easy to decipher, and they constitute the substantive part of the contract. Often, contracts impute binding obligations to the parties and violation of any term attracts liability. Implied terms of a contract operate in the underground. In an event of a claim of infringement, the court has to analyze both express and implied terms of the contract. Often, courts allocate liability depending on what term of the contract is in violation. In a practical scenario, some terms are more relevant than others. In the past, courts ...

The case Thompson v. North American Stainless, LP addresses the scope of the retaliation provision under Title VII that enables protection for the employees against the illegal actions of the employers. Title VII of the Civil Rights Act of 1964 permits retaliation cases in order to decrease the exposure to the discriminatory activity in actions of the employees. Meanwhile, this article states that the retaliation should be understood as the situation when the employee of the firm was fired or reassigned as well as he was deprived of the certain range of the benefits if the employer considered them ...

Acme Fireworks

A number of factors are to be considered when it comes to taking the decision of the most favorable business structure for a specific commercial venture. Given the situation of Acme Fireworks, the pros and cons that need to be weighed before deciding on the business structure include the offering of highest protection, the highest investment return, and the most favorable rates of taxes. When there is a need for liability consideration, along with needs of employment and huge contracts, the recommendation to Acme Corporation owner would be to amend his status from the present sole proprietorship to a ...

Different countries have various legislation that governs their citizens. Comparing jurisdiction in the various countries is, therefore, is possible and declares how various offenses are dealt with for justice. According to Rhode (2013), the law is the tool that ensures justice in any society. When people commit offenses, they are subjected to law for correction measures. The law in England that is useful for foreign jurisdiction is readily available by statutes, the common law, and treaties. The court that is enforcing the jurisdiction is the one to dictate how a particular law would apply. The report has three distinct ...

US 311: Business Law I

You are the manager of Acme Fireworks, a fireworks retailer who sells fireworks, puts on ground display fireworks, and large aerial display fireworks. The company started in the owner’s garage two years ago and now has 15 employees that you manage. The company started as a sole proprietorship, and the owner has never changed the entity. The owner has informed you that the company has received inquiries from several large businesses wondering if the company could create several fireworks displays on a regular basis. The owner told the inquirers that the company could fill such display orders, and ...

Issues

This case concerns the analysis of the validity of the offer and its acceptance under the terms and rules of the contract law made in different forms by virtue of the advertisements in the newspaper.

Contractual relations are comprised out of two primary pillars as the offer and acceptance. In fact, the one party to the contractual relations should provide the other one with the offer. In case the second party accepts this offer this implies that these people have entered into the legal and binding relations. Given the merits of the case, one may see that Philip plays ...

Response to Walter Rumans

As Walter clearly brings out in his comment on comparative judicial systems, there are three major legal or criminal justice systems depending on whether it is civil or common law jurisdiction. These are the adversarial system mainly found in common law countries, the inquisitorial system commonly found in civil law jurisdictions and the popular or mixed system that combines aspects of the latter two. These different legal cultures indicate how our various justice systems work and operate differently. As pointed out, the adversarial system is the most shared and familiar one in which two parties to a legal dispute ...

Question 1.

The Supreme Court of New South Wales is the highest court of the state, with the unlimited civil jurisdiction. The Court has appellate and trial jurisdictions, in addition to the jurisdiction granted by specific statutes. The Court acts as a supervisor over other NSW courts and tribunals. (Supreme Court NSW) Mental Health Review Tribunal is a non-judicial tribunal established under the Mental Health Act 2007 NSW. The Tribunal has a wide authority to conduct various inquiries in the field of mental health, issue orders, hear appeals regarding the treatment of people with a mental illness. The Tribunal has the ...

The research context:

History of tort law Tort law originated a century ago when Oliver Wendell Junior examined the history of negligence in the legal system, which later resulted in the theory of tort. He concluded in his study that the duty to exercise care in England was faulty. He noted that most plaintiffs suffered overwhelmingly when another party or entity caused a significant level of damage to them. Similarly, Morton J. Horwitz reexamines the history of negligence and found out that many jurisdictions did not understand negligence as carelessness or fault (Kaczorowski). Since its discovery, many nations such as the USA, ...

In this July 2013 trial, George Zimmerman stood accused of the second-degree murder of teenager Trayvon Martin. Zimmerman had shot Martin in February 2012 after a confrontation between the two in Sanford, Florida. From the beginning, Zimmerman defense team did not deny that he had shot Martin but rather that he shot Martin in self-defense (Linder, 2014). Claiming self-defense is one of the fundamental principles of exculpation in criminal law. The theory underlying exculpation holds that in some situations although a person has otherwise acted criminally, their actions are justified and therefore should not be subject to punishment. In ...

Introduction

Acme Fireworks is a retailer that sells fireworks, large aerial display fireworks, and ground display fireworks. The owner of the business started the producing fireworks in his garage and in two years the business has fifteen employees managed by a manager. The business is operational as a sole proprietorship from the inception. Acme Fireworks expects the business to expand due to the recent offers and inquires by large organizations to provide firework displays regularly. The owner of the business has replied to the inquirers, and the parties have agreed to a price per display. The major costs of the ...

The Biblical Scripture and the U.S. Civil and Criminal Codes

Research Paper

Introduction Almost all countries nowadays comply with one of two main legal systems-- civil law or common law. The civil law system originated from continental Europe and was implemented by European colonizers, like Portugal and Spain, in their respective colonies. On the other hand, the common law system was developed in Great Britain and was implemented in the British colonies. In the 19th and 20th centuries, civil law was accepted and enforced by countries previously implementing unique legal systems, like Japan and Russia, which aimed at reforming their legal ...

1. James Hathaway serves as a Board member for the United States Committee for Immigrants and Refugees, specifically as an Emeritus, as Counsel on International Protection. He serves as a Professor of Law, as well as Director of the Program in Refugee and Asylum Law at the University of Michigan (refugees, 2016). He has served in this capacity since 1998. Professor Hathaway’s basic job duties comprise the contribution of scholarly writing for legal publications, writing that is often used as reference material for common law senior courts (refugees, 2016). 2. This type of job entails a law degree, ...

Research Paper Draft: The Hospitality Law and Privacy

Introduction Privacy, including information privacy, has become one of the great concerns of our modern information society. Each day, without much difficulty, one can find a news story or report concerning some question of privacy. The main focus of these questions, however, have centered around the age-old debate between what is the best balance between security and privacy. That is to say, very little public, media or government attention has focused on other equally important areas of privacy including privacy in the private sector, such as in the hospitality industry. Nowadays, the hospitality industry increasingly has access mountains of ...

Introduction to Law

Issue 1: Whether Glen’s reckless driving constitute negligence A prima facie case of negligence involves a harm (physical, economic, or emotional distress) that is a direct result (causation) of a defendant’s careless conduct. Negligence involves a three-pronged analysis of defendants conduct: 1) breach of a duty of care that runs afoul of a reasonably prudent person in similar circumstances 2) plaintiff injury that is direct result of this breach; and 3) whether injury to plaintiff was foreseeable consequence of this breach. For purposes of Negligence it does not matter if defendant had intent to injure plaintiff. Here, ...

Question 7: Common Law and Civil Law

Common law is a legal system that emphasizes on court decisions and that judges have the authority to make laws where no lawmaking statutes exist. It also incorporates legislative precedence as the primary source of law thus ensuring that the law remains precise, uniform and consistent. This type of law has its structure based around adversarial systems whereby two parties - the defense and the prosecution teams - are pitted against each other with the faith of finding the truth. Common law has its origin traced back to England during the middle age period and nations such as the ...

Introduction

The criminal justice system of the United States and other nations are often analyzed in an inward manner. It is treated as a local matter mainly because criminal justice is a preserve of a nation-state. However, internationally, the legal system of a country like the United States can be analyzed and reviewed within an absolute and relativist context. The purpose of this paper is to assess the impact of globalization on the American criminal justice system and also evaluate it in relation to other jurisdictions and how the American system fares internationally.

Globalization and the US Criminal Justice System

The United States affected and has been ...

There are various differences between the examined countries in the area of the court system. The first most visible derives from the sole political system of the country and the division of power. The structural independence of courts and judiciary exists in both countries. The differences in the two countries court system can be found in the fact that the United States Supreme Court does and Iran’s Supreme Court does not “make” a law. Iran operates under the Code without an accepted principle of judicial review with the procedures set by the law. The Supreme Court decisions in ...

Introduction

There are several sources of law available in the legal practice, while the role of the judicial precedents is the most important one in the common law systems as the United Kingdom. In fact, all legal systems attempt to follow previously accepted judicial opinions as judicial precedents for creation the similar pattern around the dispute or particular case. In terms of the legal framework existing in the United Kingdom, the notion and nature of the judicial precedent should be considered as this particular jurisdiction is familiar with the doctrine of the binding precedent as the source of law and ...

Differences and Similarities between Sharia’a Law and American Law in Adverse Possession

Trespass to the land is basically a common tort that is committed when an individual enters into the land or property of another without lawful excuse. The party whose property was entered might sue even though no actual harm was done. The court system will then determine the damages that the possessor of the land suffered and order payment as a way of remedy. In this section, the aim will be to highlight the main differences and similarities between the American Law and the Sharia Law in the diverse possession doctrine. It will address the legal theory of vesting ...

Introduction

Differences between Sharia Law and Common Law Tradition Sharia Law and English Common law are two distinct sets of legal authorities which have striking similarities in many contexts despite the disparities in their geographical areas of application. Sharia Law is the foundation of Islamic Law and it borrows heavily from the instructions within the Quran as well as the famous teachings of Prophet Muhammad, also known as Sunnah (Kamali, 2008). On the other hand, Common law entails a set of regulations which were in force in the ancient English Kingdom. Since Common law is not codified, legal precedents are ...

The doctrine of Adverse Possession is an old and general principle common to most domestic legal systems. According to the doctrine, valid title of land can pass from the true owner of the land to another without compensation, if a person obtains and maintains “open and notorious” possession of the land for a specific period of time. Adverse possession was first identified as a legal doctrine in the Roman Empire. As Roman law formed the basis for the legal systems of many of its former territories, in Europe, North Africa and the Middle East, adverse possession eventually adopted as ...

Living in the United States it is easy to imagine our current system of law has not only been in use indefinitely, but also that it is a universally accepted system. Often we forget that our law system has a unique history, as do the law systems of many other countries. Historically, law systems have dictated not only what constitutes a crime and the punishment for that crime, but also legal proceedings, dress codes and other accoutrements of law. The historical legal systems of Common law, Hindu Law and Roman Law all have various similarities and differences, as well ...

Summary of employment-at-will doctrine from text

The employment at will doctrine is a legal doctrine that states that an employee who is hired for an indefinite period of time, may be terminated or end the employment at any time. Employment at will also means that the terms of the employment with regards to the employee can be altered at any time without notice and without consequences. For instance, an employer can reduce the employee’s wages, make changes in the employee’s benefits or change the terms of paid time off. In many states, employment at will doctrine has exceptions. One of the most common ...

The principle of separation of powers is one of the oldest at common law, having been enunciated by John Locke in his Constitutional theory. In his treatise, Civil Government, he argued that it would be a wrong for the same person to have law making powers and the powers to execute the same law. According to him, such powers were vested in the same institution or group of persons, there would be a great temptation of such individuals to use such powers to their own benefit and also to exempt themselves from their application. This principle was later modified ...

Residential Property Market in Australia

Australian has seen of the one highest boom in the residential houses market over the last couple of years. Additionally, the house prices have been on the rise. Particularly, the Australian Bureau of Statistics (ABS) indicated that the house prices in the country increased by an average of 11.4% before inflation adjustment throughout the major cities in the year 2015 (Chamberlain, Johnson & Robinson 2014). Notably, despite the modest economic growth experienced in Australia, the housing market continued to rise, and there has been a consistent increase in the house prices (Ley 2011). For instance, the eight major cities experienced ...

Introduction

The issue of hydraulic fracturing, also known as “fracking” an innovation how to extract natural gas from minerals such as shale rock has become very controversial as of recently in the United States. Large sections of the United States especially in the Northeast have lots of shale rock which has caused many oil and gas companies naturally to extract the region’s resources. This over time has caused many conflicts between the oil companies, local residents as well as local, state and federal authorities. Many people question how safe of a process fracking is and what are the unknown ...

Section

The Bidding Charterparty invited tenders for the construction of a new cruise-liner, to be called the Ocean Carpathia. Donelly was invited to tender. However, the person responsible for receiving tenders left work early.

ISSUE: WON Donelly Brothers can compel recognition of its bid? HELD: Yes

DISCUSSION: Similar to the case of Blackpool v Blackpool, it is the duty of the entity requesting for bids to inspect all those which have been submitted. In the case at bar, MC Donelly was actually able to submit its bid on time. It is not the fault of the bidder that their documents were not received in time, as it was the responsibility of the ...

A Brief Overview of the Juvenile Justice System

The Juvenile Justice System is dominated by interpretation, beginning with what a juvenile is within our legal system. Dealing with such a large and important social group within our society it has gained importance through our judicial history. The basis of the system is to provide protection for those who have yet to gain the full protection of the laws as adults. In the age of social media, its role has expanded. Being a part of the judiciary system it is affected by case law and precedent as it continues to grow as a shield for those young people ...

The case at hand deals with the plaintiff’s contraction of Tuberculosis while being incarcerated by the state. The predicament involved in this cases brings up many issues pertaining to whether the state can be liable for the causation of tuberculosis while a plaintiff was in their correctional facility and whether the state has unlimited liability pertaining to the defendant’s contraction of tuberculosis, (“Dudley Lee v. Minister for Correctional Services,” 2012). This paper will conduct a discussion on the issues of causation and unlimited state liability and assess whether the state in fact caused the plaintiff’s contraction ...

Executive Summary

The recruitment and retention process are the critical activity that ensures the organization has the right personnel with the qualities and skills that the organization demands to achieve its objective. This is clearly explained in the introduction part of this paper. The process needs a strategic plan to ensure its success hence the paper is giving the steps and activities to be useful in making the best recruitment for the post of human resource coordinator. There is job analysis that incorporates the full description of the position, and personal specifications we admire to see in our candidate. There is ...