Law Essays

There is a need to control and secure a crime scene as a way of preserving evidence associated with the crime. Different strategies such as communication strategy, forensic strategy, and intelligence strategy are utilized in crime scene investigation and they should all be adequately defined before commencing the search for evidence.

The racial criminalization of the Aborigines can be attributed to their historical background in terms of the kind of life that they were subjected to by the colonial administration.  According to the previous colonial legislation, the Aborigines were considered a group of people who were not worthy of any form of fair treatment.

The question at hand is whether or not Sydney Bikieboys could be a declared organization under the purview of the Criminal Organisations Control Act 2009. The Act is better known as ‘The Serious and Organised Crime (Control) Act, 2009’ and defines a declared organization as one that has been subject to a declaration by the Magistrates of Court under Section 11.

The lawyer could be tempted to incorporate evidence, that he gained under confidentiality. This highlights the basic need for rules of confidentiality and privilege, as discussed above, as they create a trust between lawyer and client, which should not be broken unless competing interests outweigh the strong presumption of retention of privilege.  

Where a promoter and the supposed company fail to ratify a contract or perform their part, the court shall not allow them to escape liability under the Act therein, (Section 131.2 & 3). To be on the safe side, promoters, companies, and third parties prefer drafting perpetual contracts subject to the provisions of the Common Law.

The government and the businesses work hand-in-hand to create a sustainable atmosphere (Spero & Hart 2009). Australia may also adopt such a protective policy and develop regulations to secure its domestic industries so that during the time of such financial recessions, the country can cushion the effect.  

In many courts of law, green crimes have often gone unpunished because they are difficult to prosecute and prove. Despite the international laws in place, questions have been raised about the effectiveness of criminalization as a means for controlling environmental crimes. New advancements in green criminology can address such issues.  

In conclusion, there is an increased prevalence of violent crimes today. The nature and classification of violent crimes committed vary in prevalence depending on a given country. For example, in Australia, the prevalent crimes include homicides, sexual assaults, abduction and related offenses, robbery, exhortation, and related offenses.

Crime can be said to be made or stipulated by the law to be what it is. This varies in different societies and different countries. A crime happens when one breaks the laws set to govern a place. For any crime committed there is a punishment which in the most severe of crimes may even result in execution to death (Polinsky, 2001).

In conclusion, more than half of the Australians interviewed in the International Crime Victim Survey thought their houses would be broken into within the next year. 36% of the respondents said that it was not likely to happen while only 2.5% reported their houses to have been bungled in the previous period of one year.

There are major provisions of the document that should be amended to promote both the objective of the document as well as ensuring the national sovereignty of the member states subject to the Convention. The definition of torture should be re-defined to cater to all cases that result in extreme emotional and physical pain.

The programs should enable young individuals to develop trustworthy and reverent relationships with others as this fosters a sense of belonging and acceptance. Programs should support young individuals in achieving and continually acknowledging their success in desisting in crime as well as accomplishing their set objectives 

If the law allows many activities to be defined as a hobby for taxation purposes, the Australian taxman losses as the possible sources of tax revenue are constricted. On the other hand, defining a wider range of hobby activities as businesses means they will be able to make a loss deduction meaning a constriction of the taxman sources occurs.

It is important to note that the intention of an offender plays an important role in terms of determining the nature of the crime. It is also important to note that the individual has to be a sound mind which is a consideration when the case is being built. The actions of individuals in public can also lead to criminal liability.

For any business or organization to be successful, it must create a safe running environment to retain its employees and increase the company’s productivity. It’s an expensive process of installing the safety equipment and implementing the safety practices but there can be severe effects if the actions are not taken.

The most important stage in a potential criminal trial of an individual is the juncture where an eyewitness scrutinizes a lineup and recognizes a suspect. Psychologists have dedicated effort to studying the identification of eyewitnesses and have also shown concerns regarding the recognition precision of eyewitnesses under particular conditions.

Banks and nonbank financial institutions are very crucial in any economy all over the world. They mainly help individuals to save, provide risk-free income customers who entrust them with deposits, help to channel savings into productive capital and facilitate the productive use of surpluses to generate employment and promote economic growth. 

An asylum seeker in Australia is one who comes and submits his applications to live in the country. Other than getting the benefits that come with different aspects of being a citizen, asylum seekers are not supposed to seek or acquire employment in the country (AHRC, 2010). Illegal immigrants are those individuals who arrive in Australia and just operate without the permission of the government.

Superannuation is a saving program for the retirement period in Australia. Contribution towards superannuation is compulsory in the Oceania nation. Employers are expected to pay 9% of each employee’s salary to the superannuation program (Haslem, 2010). However, employees may choose to make contributions towards this program.

The author states that an investor does not need a positive right to exploit his own invention. On the other hand, a trademark is a mark used in relation to goods or services so as to indicate a connection in the course of trade between the goods and some person having a right to use the mark.

The implementation of the Protocol is aimed at facilitating the claims of the plaintiffs either by settling the claims at this stage before recourse to the courts or if resort to the court is inevitable, the proceedings at this stage will allow for a smoother and easier procedure when the claim is elevated to the court.

One of the oldest yet most repeated principles of contract and tortuous law is the maxim of caveat emptor (buyer beware) a system by which manufacturing negligence and defect in goods were entirely the responsibility of the buyer to check through due diligence. Consumer Protection law stands in counter to this theory and has been in many ways common law’s response to the emerging consumer economy.

The Children Act of 2004 requires that children’s needs and wishes must be ascertained as far as possible, before making a determination on what services will be provided. Schedule 22 of the Children Act of 1989 also requires that when a child is in need, the child’s needs are to be assessed not only under the Children Act of 989 but also under the Education Act.

These sociological and psychological issues will be described later in more detail. There is evidence that age discrimination is occurring more than is generally realized and is causing older workers substantial difficulty at the workplace. It is interesting first to examine how age discrimination has been known to occur, within a society.

Mr Morton is claiming that he had received an offer of work, which he had accepted on the telephone. He discovered that Mr Parker Piling is already underway doing the groundworks job he was supposed to do. Mr Morton said that unless Mr Parker Piling is kicked off-site immediately and let him carry out the work he was supposed to do. 

The law of contract is a branch of the legal rules that govern the conclusion of contracts and the consequences involved in such contracts. The major tenets of this law include definitions of the requirements and the basis upon which contractual liability lies. Furthermore, it stipulates the rights as well as the duties of the contracting parties.

When giving Bal advice, all of the above would be presented to her in order to assist her with her case. She has something to consider based on two notions; that misrepresentation, and that of contract law. With misrepresentation, it is a case because she was not sent the item she ordered, and the item did not perform properly as advertised

We will begin with a thorough overview of the segregation debate in the United States and explore the status of minority rights in America before the Supreme Court decision.  This paper will explore the justifications leading to the case and discuss previous laws and their ramifications.

It is not clear as to how Mary proposes to bring them up without monetary aid from john, as she has no income of her own, and the change in circumstance will not be necessary for the best. The children are too young to be subjected to lifelong strife, and so Mary needs to go to the social worker and get the issues sorted out with her.

The researcher states that due to budgetary constraints and changes in priorities of the government, the Arizona State legislature voted to eliminate the funds intended for most types of organ transplants from the state’s health care program for the indigents, the Arizona Health Care Cost Containment System (AHCCCS).

      Employment discrimination has been one of the most controversial issues in the United States for several decades. For many years, employers around the country discriminated against workers because of their age, race, religion, sex, disability, and sexual orientation (Repa, 2000).

It is clear in the case of three directors of “Toys4Ultd” that all three of them have legal liability towards each other since they are jointly taking control of the business as directors; thus “Companies Act 2006” applies here. Don and Francesca must consider all legal liabilities that can be thrown at them by Eduardo.

The other arguments of the load cells not working could have been due to faulty transportation and everything that the claimant required was shown to him and he had a reasonable time to inspect them. Finally, the defendant re-iterated the limitation he had told the claimant about and so it did not mean that the defendant was not in the mood for discussion.

The Law Commission & Scottish Law Commission 2009 p. 14). The phrase “sale in the course of a business” was clarified in R&B Customs Brokers v United Dominion Trust [1988] 1 All ER 847 as one referring to a sale that is basic to the business of the seller or even if incidental, but only if it regularly occurs.

Mr. Bright is not happy about this and is told he must contact his computer manufacturer as the original purchase of the software allowed licensing and use on one computer only. Mr. Bright states that it is possible it has not been used before and would like to speak to management. Though this may be the case, the software is still not supported when purchased through a third party.

A contract arises when there is an offeror who makes an offer and there is an offeree who accepts it. The offer specifies the terms of the contract (Kelly, Holmes, and Hayward, p. 109). As such, an offer is an expression of willingness to form a contract, by the offeror with the offeree, subject to certain terms and conditions.

The author states that Jami was advised she would have a ninety-day probationary period and then after she would only be eligible for dismissible “for the cause.” Unfortunately, she does not have a contract with this written in it. On the other hand, most states allow for a company to dismiss a new employer within a probationary period.

Even if the BUPA bosses succeed in proving the above, they will have to prove that section 10 of the employment contract is reasonable in subject matter, locality and time (Nordenfelt v Maxim Nordenfelt). An employer is not allowed to restrain an employee from carrying on a business that is different from that in which he was employed.

The first part of the issue is whether that is an advertisement an invitation to treat or is that an offer. The difference is that offer has to be accepted or not but an invitation to treat is a further negotiation, a step towards the formation of a binding legal contract. There are other issues as well like for instance communication of the acceptance, is there any need for communicating acceptance, or can the offer waive the communication?

“The Supply of Goods and Services Act 1982 (SGSA)” covers all contracts involving the supply of services. S 13 of the Act deals with the benchmark of execution of services, s 14 concerns the period within which the performance has to be made and s 15, the consideration or price for such services.

In non-charitable trusts, it implies that trusts are to be made for other reasons rather than for charitable trusts whereas, in charity unlike in the statement, there may be many beneficiaries or none implying that the public can use the property. For non-charity trusts, it is crucial, and a court order to have a beneficiary.

Individual Employment Law under the Family and Friendly Act is fast-moving, as well as challenging and modern. This makes most employment lawyers go for huge experience influxes of work because of the various changes in the legislation (Barber 2004). A large part of this has focused on family and friendly rights with most changes occurring due to the many developments in both domestic and European legislation.

The federal also holds the responsibility of reviving the authority of the president in the reorganization of different agencies with an aim of enhancing homeland security. Federal governments have a responsibility to offer management flexibility for the homeland security department. The federal government is also charged with the responsibility.  

Echazabal had worked for Chevron for a period of twenty years under Irwin Industries, a firm that was contracted by Chevron to work on some areas of the firm. After this loyal service for all these years, Echazabal thought that it would only be fair if Chevron would take him in as their employee, instead of working with a contracted firm.

Life course theory is a multidisciplinary model that attempts to investigate how people live, their structural background, and social variations. This model entails opinions and views, preferably demographical, economical, sociological, and growth Psychology. Specifically, it shifts its attention to the authoritative link between personal lives and the contextual and social-economical events which these personal lives attempt to reveal.

In corporate law, articles of association and memorandum of association are documents that form a company’s constitution (Andreas 4). This constitution denotes the responsibilities of the company directors, the type of business they deal in and the level of control that shareholders have on executive management.

Freedom of Expression is curtailed in the First Amendment. Before commencing this study, it is significant to establish the source from which the concept of Sedition originated. In the US for instance, the Constitution as evidenced in the First Amendment provides for freedom of religion and expression.

Bart is a shop owner and Poppy, during her visit to the shop, notices and likes a painting that is placed for display. She asks Bart to sell the painting to her but Bart declines explaining that the painting s for display and not for sale. This annoys Poppy and she threatens Bart for refusing to sell the paint to her.

Rodney Gant was involved in a situation that resulted in his arrest by the Arizona state police. During the arrest that took place at one of the yards of Gant’s friend, the patrol cars surrounded Gant and other suspects and handcuffed him. After undertaking a search in his car, the police found a handgun and a bag with cocaine inside it.

It is apparent that before driving to the School, the 20-year-old Lanza had killed his mother at their home. Lanza seems that he realized his actions were not right. This is because by the time the first respondents had arrived at the school Lanza had shot himself in the head. This paper is thus a case study of the Sandy Hook Elementary School shooting in a clear and outright way.