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Lange Vs Australian Corporation

LWZ203 Constitutional Law Q(i) Do you believe that Lange vs Australian Podcasting Corporation (1997) 189 CLR 520 was correctly decided? The Constitution contains few express rights and freedoms. Amongst OECD countries, Australia and Israel are countries whose constitution does not have an explicit Bill of Rights. The High Court of Australia has recognized that the structure and the text of the constitution , including the system of “representative and responsible government” may give rise to implied freedoms. An implied Freedom […]

Law of Evidence

The present scenario involves a number of substantive and procedural considerations. These are organised into groupings of identification evidence, alibi, the applicability of special measures, witness competence and compellability, and considerations of burden of proof. The scenario also lends itself to a discussion of trial tactics. Tactical considerations for both the prosecution and the defence will dictate the outcome of a number of the evidentiary and procedural issues highlighted here. The following analysis regarding the quality of Wendy’s eye witness […]

Law of International Trade

The above problem question requires examination of several legal issues ranging from formation of contracts to questions of jurisdiction and international contract terms. The facts can be simplified as follows: Dear John Plc sells goods, in this case filters, to Vera Rose Pty Ltd. Having purchased the filters Vera Rose, a company which specialises in reselling mining equipment, enters into a contract to sell them to Venture Devils Inc. One of the first issues which strike the reader is the […]

Law of Partnership

The Law Commission in its Consultation Paper No. 159 on reform of the Law of Partnership recommended, inter alia, that a new form of partnership be created that would constitute a legal entity distinct from its members. Critically consider the advantages and disadvantages this form of business organisation would have over the present form of partnership regulated under the Partnership Act 1890. According legal personality to partnerships would produce an overall positive effect. It is not, however, entirely without disadvantages. […]

Law of Property

In this scenario, there are several parties who have, or who acquire, an interest of some sort in the property known as Greyoaks, a large freehold, registered property. Briefly, the principal parties include the registered proprietor of Greyoaks, Ophelia. As the registered freehold proprietor, it is Ophelia who has the ability to grant the various rights and interests which she subsequently does. From the outset, she is free to dispose of the property howsoever she wishes. She begins a relationship […]

Test Satisfactory

The aim of this essay is to examine if the Keck test is unsatisfactory, too rigid and places too much emphasis on law and fact, rather than market access and consider that there are no clear outer boundaries to the Article. Article 34 of The Treaty on The Functioning of The European Union (TFEU) prohibits Members States (MS) from discriminating against imported goods by favouring domestic products, unless the MS can establish a justifiable cause. The case of Dassonville established […]

Istihsan and Sharia Law

Basically, the rulings that had been made by the Companions and Successors were often based on their own understanding for the spirit and Shariah purpose. So, the rulings that are made by the Companions and Successors are not in restricted manner and also not in giving the exact meaning of the rules because they are not literalist. Therefore, istihsan has been made as the antidote to literalism which gives a wide interpretation of the law in order to sustain equality […]

Justice Scalias Dissent

Justice Scalia’s dissent in Jaffee v. Redmond The 1996 decision of Supreme Court’s in Jaffee v. Redmond RULED that communications within the relationship of psychotherapist-patient are privileged, other than it as well concurred that the privilege has wider scope. The preponderance issued these decisions above a Justice Scalia vigorous dissent. Justice Scalia blundered equally the majority’s recognition of a privilege of psychotherapist and its addition of the privilege to clinical licensed social workers. In this case, the defendant in the […]

John Hopkins Hospital Case Analysis

Dismiss Memorandum of Law in Support Of Defendant’s Motion to Remand To the Circuit Court for Baltiomor City, Maryland. Plaintiff Kanwe West, through his undersigned counsel, movestatement of facts below support that the Defendant has been denied his right to a speedy trial and therefore, is entitled to an order to dismiss by this Honorable Court to remand this action pursuant to 28 U.S.C. 1447(c), submits this memorandum of law in support of its Motion to Remand. Introduction Plaintiff Kanwe […]

Neighbouring Rights

Introduction It is well settled principle that the person who has applied his labor over the work should get the right of ownership over that work; this is one of the methods to justify the intellectual property. For the purpose of this project and before moving ahead we need to understand the justifications required to justify the intellectual property. One of the theories in the intellectual property is the lock-labor theory, which says that each and every person has right […]

Intention to Create Legal Relations

1.”The concept of ‘intention to create legal relations’ is used by the courts as a device to enable them to deny enforceability to those agreements which they consider should not be legally enforced” (Jill Poole, Contract Law). In order for a legally binding contract to come into existence, there are certain requirements which must be met. Briefly, these requirements include a clear offer and acceptance, consideration moving from the promisee, and an intention on the part of the contracting parties […]

The Australian Constitution: Interpritation

Introduction Constitutional interpretation has been frequently discussed in many parts of the world, particularly Australia, which will be the main focus of the article. Generally, constitutions play a vital part in federal systems. Some theories of constitutional interpretation have been applied throughout a period of time until further reflection highlighted its shortcomings.[1] The debate over the importance of different modes of constitutional interpretation has been ongoing for a period of time. Before we begin considering the two major cases on […]

Introduction to Contract Law

CONTRACT A contract is a legal binding between two companies, businesses or parties that unites them in an agreement which is protected by law. A contract between the parties can be created verbally, in writing, by conduct or by all these means. And this contract becomes a valid contract if it has all the essential elements described as follows: It is important to mention that contract is enforceable only if all these elements are present in the contract. ESSENTIALS ELEMENTS […]

Australian Law

Apply key concepts Assignment semester 1 – 2014 Under the Criminal Law (Clamping, Impounding and Forfeiture of Vehicles) Act Of motor vehicles used by persons who are alleged to have committed certain Offences such as drunk driving, reckless and dangerous driving. The police can Take a vehicle away for 28 days if the person has been arrested or reported in Relation to those offences (not yet found guilty by a court). Given your Understanding of the rule of law and […]

Introduction to Legal Theory

Legal theory is a primary subject which could serve as the basis for law and due to its vast theorists and their ideas such as natural law, legal positivism, utilitarianism and feminism, this essay will explain legal theory, legal research and the importance of legal theory and how it is linked to legal research, it will also discuss various theorists and the essay will go further to show the relationship between legal theory and law. Firstly, legal theory can be […]

Involuntary Intoxication

More than any other area of criminal law, intoxication demonstrates the clash between principle and policy. It is a fundamental principle of criminal law that liability should follow fault and that a person is only at fault if their behaviour is voluntary (actus reus) and the product of rational thought (mens rea). Strict adherence to this principle would acquit defendants who committed crimes whilst intoxicated if this impaired their ability to think and reason. However, as official statistics demonstrate that […]

Is it Necessary for a Country to be Governed by a Constitution?

Introduction Black’s Law dictionary defines the constitution as “the fundamental and organic law of a nation or state that establishes the institutions and apparatus of government, defines the scope of governmental sovereign powers, and guarantees individual civil rights and civil liberties.”[1] Constitutions are classified as written or unwritten, flexible or rigid. Although ancient laws have always been there, the oldest known constitution which best exemplify the modern constitution is the Code of Hammurabi which was first discovered in 1902 but […]

Is Jury Nullification Essential Power or Serious Shortcoming

A key feature of the jury is that it must have impartiality and there is an argument that an accused person has the right to expect that the trial will be conducted by an impartial jury. [1] This is evidentially accurate as the whole concept of jury nullification would be severely undermined if there was a lack of impartiality, as a bias could lead to a dubious non guilty verdict even when all the evidence points to a guilty verdict or vice […]

Issue of Interests

The issue of interests which are unknown to the purchaser of land have long been a problem to less cautious buyers. This essay will examine the way in which title of land has not been indefeasible through registration due to the existence of overriding interests and will seek to explain how the new provisions of the Land Registration Act 2002 limits the scope of these interests and pursues the aim of a register which mirrors interest in title. As Gray […]

How do we Safeguard Human Rights?

‘Safeguarding Human Rights lies less in new laws, than in new interpretations’. Discuss with reference to the United States and the United Kingdom Introduction Both sides of the proposition posed in the title question are fraught with difficulty. Human history, particularly as it unfolded in the twentieth century, confirmed that national and supranational treaties and legislation, no matter how compellingly drafted or extensively ratified, was a thin safeguard against human rights abuses. Versailles, the Yalta Conference, the United Nations Declaration […]

Legistlative Provisions and UK Courts

Abstract: UK as a Western Liberal state could be rightly described as pro human rights actor in terms of its membership with the UNO and EU. Both the UN and UNO have enshrined Human Rights in its Charter and Convention respectively. However, until 1998 the UK did not have a separate legislation for Human Rights and one known reason for its long delay was found in its parliamentary supremacy concept which stresses that the Parliament is not bound by any […]

Identifying a De Facto Director

Company Law ‘The decision of the Supreme Court in The Commissioners for HM Revenue and Customs v Holland (2010) and the case-law subsequently, has brought much needed clarity to the questions of how to identify whether someone is a de facto director, and why it is necessary for the law to be able to identify a person as a de facto director.’ A de facto director is a person who has not been formally and validly appointed and registered at […]

Inadequacy of Cyber Laws in India

Title: Inadequacy of Cyber Laws in India Inadequacy of Cyber-Laws in India* Introduction: A very simple understanding of the term “Cyber Law” is that it is the law governing Cyber Space. Cyber space is a very wide term and includes computers, networks, software, data storage devices (such as hard disks, USB disks etc.), the Internet, websites, emails and even electronic devices such as cell phones, ATM machines etc.[1] Crime is both a social and economic phenomenon and in today’s […]

The Simple Plurality System

In Brittan the Simple Plurality System (FPTP) is used for general elections. However, the need for an electoral reform has been argued and a referendum on changing the electoral system from First-Past-The-Post to the Alternative Vote will be held on any day before the end of October 2011. This essay will include the problems of First-Past-The-Post and will discuss whether the Alternative Vote would be fairer. First-Past-The-Post or the Single Plurality System is an electoral system in which a candidate […]

Judicial Killings by the Police

In India, “encounter killings” are tragically common. Encounter killing is now a euphemism to indicate extrajudicial execution by the police in staged “encounter” scenarios where persons are killed apparently in exercise of the police’s right to self-defence. Incidents of encounter killings are widely reported in news media and are even glorified. Perpetrators of this brand of violence enjoy impunity and immunity from the criminal justice system. Further, police personnel with special “expertise” in extrajudicial killings are hailed as “encounter specialists”, […]

Individual Communications Mechanism and Human Rights

To assess whether individual communications can lead to the greater realisation of human rights, it is imperative to consider; the benefits which the individual communications mechanism (ICM) provides individuals with, a discussion of the shortfalls of the ICM and how other methods of monitoring and protecting human rights may overcome these issues. It shall be argued that the ICM, despite providing for greater access to human rights for individuals, cannot be a better hope for realising human rights than other […]

Inquisitorial and Adversarial Systems

An inquisitorial system of criminal justice offers the best system for ensuring that those guilty of committing criminal offences are convicted and that the innocent are acquitted. Inquisitorial and Adversarial Systems Defined and Compared In England and Wales and other common law countries such as the United States, criminal proceedings are operated on the basis of what is sometimes referred to as an adversarial system of justice. This differs from the so-called inquisitorial system of justice which is employed in […]

Intellectual Property and Patent Law in Nepal

1. Introduction Inventions are the property of their makers. That means if someone expresses his/her idea or initiative, it is his/her property which is known as intellectual property. The word “intellectual property rights,” in accordance with the Agreement on Trade-Related Aspects of Intellectual Property, 1994 ( hereinafter TRIPS), refers to the rights related to Copyright and Related Rights, Trademarks, Geographical Indications, Industrial Designs, Patents, Layout-Designs (Topographies) of Integrated Circuits, and Protection of Undisclosed Information. Looking back to history, the importance […]

INTELLECTUAL PROPERTY and PUBLIC HEALTH

“My ideas of a better ordered world is one in which medical discoveries would be free of patents and there would be no profiteering from life or death” – Indira Gandhi Intellectual property regimes are usually assumed to exert positive enticements on technological innovation. However, given the serious nature of access to critical health technologies for most of the world’s population, it is worth revisiting this presumption for health technologies. The reasons contributing to this situation range from weak supply […]

Matrimonial Regimes

Matrimonial Regimes Keith and Erika have been married for the last five years. Before they married they decided that their future common property should be governed by the Community of Acquests regime. Keith was never a good administrator of his own money and during the last months, Erika found out that Keith had invested community money in unsecure businesses. Moreover, he has lent money to his friends and has spent a considerable amount of money in futile objects in order […]

Government Essays