(Facts) The State of Georgia has enacted a law requiring contoured rear-fender mud flaps on all trucks and trailers operating within Georgia. Thirty-five other states allow straight mud flaps and Florida requires straight mud flaps.…
If Mary damages a client’s hair she would be held liable. According to our textbook, Mary would cause injury to the plaintiff. Mary was to provide a duty of care to the customer. She breached this duty of care “failure to exercise care or to act as reasonable person would act (Cheeseman, 2010, p. 81).” The reason I state, that is because the customer trusted Mary with their hair and she damaged the client’s hair. As long as Celia and Mary register their boutique name with the United States PTO in Washington, DC, and the PTO approved it, there should not be any legal problems. If Celia and Mary decide to offer…
In order to determine the integrity of the recruiter and the CEO, we first need to understand what integrity is. The term integrity is used in the business literature to describe different leadership traits. David Bauman highlights an example of integrity's multifaceted nature provided by Bill George who is one of the most influential practitioner/writers on leadership today (Bauman, 2013). In his book Authentic Leadership George writes,…
B. Under the terms of the contract, the Petroleum Corporation agreed either to sell and…
I. FACTS: Helen, age 17, falsely presented an identification card showing her age as 22 to a motorcycle dealer. She persuaded him to sell her a motorcycle on credit because she did not have the money to pay cash. Helen drove the motorcycle away and a few days later, returned it to the dealer stating that she voided the contract. The dealer states that she cannot void the contract because (a) she had misrepresented her age and (b) the motorcycle was damaged.…
Under a federal system of government powers are divided through a bicameral parliament which consists of a monarch and two houses the senate and the House of Representatives. Further more it is split between different levels of government, commonwealth, state and local. The constitution allocates certain powers and responsibilities to the Commonwealth government. All remaining responsibilities are handled by the States. Further, each state has its own constitution so that Australia has seven separate Parliaments, none of which can effects the functions of any…
I am aware that you are wanting to go into business because of your love of natural ice cream. I would like to discuss with you the various types of business entities that exist and the pros and cons of each. Specifically, I will discuss: Limited Liability Company and C Corporations.…
[ 14 ]. Tony Blackshield and George Williams, Australian Constitutional Law and Theory (Federation Press, Fifth ed, 2010)…
(i) Civil Law is made up of all the different areas of private law, but excludes laws which define and control criminal behaviour, only concerned with the wrong doing between individuals/parties e.g. the law of contract, Property law.…
The Australian Constitution was conceived through the process of Federation in 1901 to unify the states of Australia through one form of decentralised government.1 The Constitution describes a set of principles and fundamental rules that prescribes a division of powers between the Commonwealth and the six member states of the Federation through the Division of Powers Doctrine, and expressly defines a separation of powers between the three arms of government through the Separation of Powers Doctrine. ’The four principles of federalism’ within the Australian Constitution are represented by: a written Constitution; a separation of powers between government branches; an influential Court system; and a distribution of power between the states and the…
Booker, Keven, Glass, Arthur and Watt, Robert, Federal Constitutional Law: An Introduction (2nd ed, 1998)…
For over 100 years now, Australia has operated under its rather prized constitution that is in hindsight evidently lacklustre in respect to individual rights and freedoms. The Australian constitution was thought to be sufficient in regards to rights and freedoms despite the lack of an entrenched bill of rights. However, when one dissects the constitution, it becomes increasingly evident that constitutional implications are not an effective way of protecting individual rights and freedoms, and the only way to achieve this is through a bill of rights.…
The source of law in Australia is coming from two resources which are courts and parliament. Courts enact the judge-made law, also called common law, Parliament lays down statutory law. From s109 of the Cth Constitution law, when there is a contradiction between common law and State legislation, common law “prevails”. Common law is stare decisis, it allows judges apply doctrine of precedent to later cases having similar facts. When interpreting the law, courts makes decisions based on doctrine of precedent, however there are no exact two same cases, decisions contains majorities’ subjectivities. Under common law, the decision made by courts follow the hierarchy from local or Magistrates Court & other courts and tribunals to High Court of Australia. From the hierarchy, it illustrates High court of Australia has power over Supreme Court of Appeal and Supreme Court. In another way, High court of Australia has the ability and authority to overturn or refuse applying the ratio or decision of a lower court which are Supreme Court of Appeal and Supreme Court of the same jurisdiction.…
This position has begun to change. The volume of entrenched State constitutional provisions has increased in recent years, particularly in Victoria where there is now an abundance of purportedly entrenched provisions covering subjects ranging from the delivery of water services1 to access to government information.2 Many of these provisions are likely to be ineffective, so it would be dangerous to take them at face value. A much keener analysis is required to determine their effect, if any.…
The High Court of Australia and the Supreme Court of the United States have important roles in determining the federal distribution of powers and acting as ‘Constitutional guardians’. Both courts also exercise their powers as ultimate appellate courts to safeguard liberal rights and to protect their citizens from arbitrary governmental powers under the rule of law. The quality of these courts is underpinned by the ‘impartiality, integrity, and independence’ of the judges, which depends largely on the framework of judicial appointments.…