Australian Legal System Essay Example | Topics and Well Written Essays - 1000 words

Australian Legal System - Essay ExampleWhat constitutes the familiar law is not so much actual decision in a particular case as the principles upon which that decision is based (Gifford & Gifford, 1983 p5).According to Corkery (1999, p105), all(prenominal) law is not judge made law and there is more and more codification in Australia now. The intention of the parliaments is to tidy up the law and put back the common law subsisting before the passing the code. Therefore, the most of new law is likely to reliance on legislation today.Under the Australian State tourist court Hierarchy, the courts can be categorized into three different types the Magistrates Courts, the Distinct/County Courts and the Supreme Courts. The highest judicial tribunal in Australia is the high Court and mainly deal with intact challenges, however one thing should be noted that the High Court can overruled the previous decision. Under the doctrine of source, it does not have to follow the whatever previo us decision made by the lower courts.In order to understand the current common law system, it is essential to know the advantages and disadvantages of doctrine of precedent relied on by the common law. Even if the Common law has described as emasculated form today, compare to the statute law, there must be weaknesses and strengths together rather than only weaknesses.According to Chisholm and Nettheim (1997, p46), common law is still remained as an essential method where nobody is sure what the law is, and where the occurred cases are pacify new. Decision should be made by Judges for these kinds of particular cases such as R v Elizabeth Manley 1933 1 KB 529 (very uncommon case) because no uniform case has ever been watchd. The decisions of courts play a large part in determining and changing laws and this circumstance indicates the importance of common law. In addition, Victoria law foundation (2007) stated that the most of trials nowadays are having precedents and these good pre cedents are making the law more consistent, because earlier judicial decision guided judge in later similar cases. Besides, a judge today must apply the reasoning used in the precedents made in higher courts when they decide a similar case. Both factors reinforce the doctrine of precedent operation as its strength.Another advantage of doctrine of precedent stated by maam (1993, p268), using the system of doctrine of precedent could additionally be good comme il faut to save time and resources. As mentioned above, it provides not only a signpost to narrow the decision against the palm tree justice, but also offer an opportunity to save time and resources.On the contrary, precedent operation of the common law needs to be more flexible to overcome its weaknesses. In modern society, flexibility tends to be one of the most important criteria, because yesterdays solutions might not be good enough to adapt for the rapid social changes. Chisholm and Nettheim (1997, p46) argued that the E nglish or Australian system is sometimes criticised for tying the judges too much to the past. The case of Donoghue v Stevenson 1932 AC 562, by the time the judge made the decision, he has considered the social condition changed, the judge have developed the law of negligence which has benefits every customer, where Grant v Australian Knitting Mills Ltd

Analyze the reasons for the United States involvement in Vietnam Essay

Analyze the terra firmas for the coupled States involvement in Vietnam amidst 1953 and 1968 - Essay ExampleWhen French left the sphere it was divided into Laos, Cambodia, North Vietnam, and South Vietnam (Levy, 17). South Vietnam was governed by anti communist politics and North Vietnam was controlled by communist forces. joined States wanted to curb the make up ones mind of communism in the region and therefore helped build South Vietnam. join States was supporting anti communist forces from the French Indochina War because it wanted to build the pro capitalistic forces in the region. This is one of the main reasons of United States involvement in the Vietnamese War between 1953 and 1968. On the other hand, Soviet Union was providing solely the help to communist forces in the North. This is why Vietnam became a proxy state of war between the two Super Powers. In reality, the conflict of Vietnam was a fight between capitalism and communism. commie forces other than Soviet U nion were also helping North Vietnam government. Their motivation was also to increase communist presence in the region. Communist wanted to extend their influence in the region and therefore supported the military advances of North Vietnam into Laos and Cambodia. Soviet Union and its allies thought of this as a way in which they can gain more turf in the region. The Soviet Union involvement in the region was became a reason for United States to get involved in the Vietnamese conflict. Another important reason for United States involvement in the Vietnam War was related to the trade and economic import of the region. United States wanted to secure its interests in the region because of many economic reasons. A United States friendly Indochina region would have helped Japan in build its economy. United States had vowed to help Japan in rebuilding and pro capitalist governments in the region could become good markets for Japan (Rotter, 1). This was other reason for United States to enter into the Vietnamese conflict in 1950s and 60s. Britain, a United States ally, also wanted pro capitalistic regimes in the region because Malaya was a British colony neighboring Vietnam. Britain wanted to revive the tin and rubber industries of Malaya in order to help them with their post war recovery (Rotter, 1). This might be another reason why United States wanted to stop the proliferation of communism in the region as communism would destroy any trade opportunity. Another reason for United States involvement in the Vietnam War was that United States wanted to stop the war from escalating (Wiest, 20). This is another reason given for the involvement of United States in the Vietnam War. The war in Vietnam was creating problems and therefore the goal of United States was to curb the conflict and not let the conflict turn into a nuclear fight (20). This is why the government actively participated in war so that the conflict can be stopped before serious damages are realized. T ensions were high between United States and Soviet Union during the Vietnam War as both were supporting opposing forces. There was always a chance of escalation which could lead to an all out nuclear war. Some argue that United States active involvement was to stop this from happening and to find a solution to the problem without taking the cold war to the close level. This is why United States got involved in the war and helped South Vietnam defend itself from its

Week 5 Assignment Example | Topics and Well Written Essays - 500 words - 1

Week 5 - Assignment Examplethe mother suspects that the boyfriend is sexually abusing the daughter and has requested for a pure(a) examination of the childs urinary symptoms.The child may have emotional and behavioral reactions because of her mental retardation illness. Therefore, confidence and skills are required to handle the affected role. The approach used is by checking the level of consciousness to determine if she comprehends questions asked and the manner of response. In addition, the level of consciousness will establish if the patient will drop track of the subject and keep silent or fall asleep. If the patient does not respond, the questions asked, there is a need to elevate the stimulus through unlike steps. First, speak to the patient by her name in a high tone, and then shake the little girl gently like when waking up individual from sleep. If there is no reaction to these actions, the patient should be evaluated for a severe drop in the level of consciousness. The motor and posture conduct is assessed observing if the patient prefers to walk around or lie in bed and her capability to relax. In addition, facial expression is detected when she interacts with others and at rest (Bickley, Szilagyi & Bates, 2013).The 2014 Florida Statutes 39.201 describe the needful reports of child abuse, abandonment, or neglect mandatory reports of death central abuse hotline. Clause 1(b) applies to this case because there is reasonable cause to suspect that the 5-year-old mentally challenged girl is abused by the caregiver (The Florida Legislature, 2015). Florida Council Against Sexual Violence is a resource provides various local centers in Florida State. It provides free services to children, persons with disabilities and adults. The services range from legal, medical, therapy, short counseling, HIV/AIDS testing (Florida Council Against Sexual Violence, 2009).The symptoms presented by the patient indicate that the child might be suffering from a urinary tract infection. Tests

News Write- Ups Case Study Example | Topics and Well Written Essays - 1000 words

News Write- Ups - Case Study ExampleThe alleged stabilisation of the global economy by IMF has been achieved through efforts from both the U.S and Europe. The stabilization became apparent through economic indicators in the U.S that seemed more positive or optimistic while, on the side of Europe, the measures that had veritablely been undertaken in Greece demonstrated perceptible recovery. Learning and Benefits In view of the news article, I have managed to understand that the global economy has had numerous problems in the recent past. However, the economic crisis at international level has stabilized after prolonged periods of backdrop since the problem invade the global economic system. check to the news, the world has the grounds to be optimistic although there is no guarantee regarding financial security. This is because other principal economic and financial threats still challenge the current state of the global economy. According to IMF chief, certain risks still exist in a global economy with the leading being massive debts that emanate from the universe and private domain. In addition, augmenting oil prices strain substantial risk to the growth of the global economy in diverse ways. The only way to tackle the threats is addressing the matters that exhibit the greatest risks. Source Edwards, N. and Qing, K. G. (Mar 18, 2012). Global economy on recovery path, risks remain IMF chief. Reuters. Retrieved from News write-up 2 Summary Stocks have assumed a downward movement for the next five days indicating the longest slide down in this year. The problem has occurred at a period that has seen persistent European debt and at the offshoot of tentative corporate earnings. This implies that the problem is a triple tragedy within the country considering all the problems hitting the economy. The backdrop in stock has seen numerous waterfall in stock exchange earnings, in Europe. Companies from that have late swept the markets have considerably lost out i n the stocks slide down. Connection The losing spatter is speculated to have commenced on the previous Tuesday after the Federal Reserve admitted to being concerned about the vigor of job augmentation, and asserted that it was not obligated to offer additional or supplemental assistance for the financial system. Unlike other companies, Alcoa presented promising quarterly results in terms of profits and sales. However, their success has been attributed to cost-cutting through layoffs some of their workforce. Investors in the U.S were astonished with the performance since they expected backdrops similar to those from companies in Europe. Most European companies experienced backdrops in the five days since the stock commenced the losing trend. Learning and Benefits In view of the news article, various factors have contributed to the recent stock slide down the most imperative factors being the debts that emanate from borrowing. The article presents the idea that Spain and Italy has r ecently accumulated numerous borrowing costs. In fact, Spains borrowing expenditures almost reached extents that would otherwise pressurize other nations to request for bailouts. The stocks slide down has caused Dow to move about 550 points below its previous levels. In Spain and France, the falls approximated 400 pints, which is

Writing 100 Essay Example | Topics and Well Written Essays - 500 words

Writing 100 - Essay ExampleModics analyzes disputations from different witnesses, which support the fact that the deceased woman was a smoker. Raynors appellate lawyers, Maureen McBride and James Sargent Jr., immediately filed an emergency appeal with the Superior Court. Their appeal indicated that they had new evidence from Joe Chapman. Chapman, a witness in court, argues that he eavesdropped Raynor telling DR. whoremonger Kelly, who was the expert witness, that the court judge (Paul Panepinto) had completely banned the mention of the woman who was in trial as a smoker.However, Kelly indicates in this article that he determined to come forward after learning about Raynors predicament in the inquirer. The author indicates that Chapman came forward after obtaining information from the inquirer, which indicated the sanctions that were imposed on Raynor. Joseph Chapman, supports the argument that Wilson was a smoker by indicating that he overheard Raynor talk about smoking to the doc tor. Per curiam of the superior court indicated that the judges considered Chapmans testimony. Panepinto accused Raynor of manipulating the testimony indicating that Raynor had changed her whole story.Plaintffs lawyer, Mathew DAnnuzo, questioned the extended periods taken by Chapman to testify. He argued that two years was a very long time. DAnozo supports this argument by indicating that he had notable the presence of Chapman in the court room. This happened when Kelly testified that Raynor was a smoker.Dr. John Kelly also supports the argument that the deceased woman was a smoker by indicating that she went to hospital complaining of brusk breath. The physicians conducted X-ray that showed a suspicious nodule. The doctors, however, failed to inform her about the nodule. The woman later died of Lung cancer. As a result of this, the author indicates that Panepinto banned any testimony that would be requested by Plaintiffs lawyers. Panepinto believed that the testimonies would dive rt the attention of

National Federation of Independent Business v Sebelius Essay Example for Free

National Federation of Independent Business v Sebelius EssayLife was different back in the 1880s. The teleph whiz had proficient been invented, James Garfield was president, and doctors used heroin and cocaine as medicine. Alas, many doctors knew very little about medicine. Oftentimes unsafe and unsterile practices were used on patients. The NY Times reports that, At least a dozen medical experts probed the President Garfields wound, often with unsterilized metal instruments or bargon hands, as was common at the time.Historians assure that massive infection, which resulted from unsterile practices, contributed to Garfields death. One man suggested that they turn the president upside down and see if the bullet would just fall out. Because of their usual lack of success, doctors did non charge very much for their services it was very affordable most of the time, even for middle class families. However, as time and technology progressed, the cost of wellnessc be and medical in struments dramatically rose.In his New Deal package, President Roosevelt proposed a state-run health financial aid system with compulsory health insurance for state residents, but states could tell apart whether to participate. The federal official g all overnment would provide some subsidies and set minimum standards that the state had to adhere by. While the proposal did not pass, the idea of universal healthcare insurance insurance coverage for everyone stuck. Since Roosevelt, every single Democratic President elected into office has attempted to pass a indication of universal health care, but none set about achieved the feat.That is, until President Obama was sworn into office in January 2009. In his 2008 presidential campaign, he made healthcare reform a central issue. Both parties adopted their version of reform, but since Democrats held a majority in the House and the Senate at the time, their version was the one that passed. On March 23rd, 2010, President Obama signed into practice of law the Patient security department and Affordable Care Act (dubbed by many Republicans as ObamaCare).According to the White House, it claims four key components of the law stronger consumer unspoileds and protections (which includes a ban on life-time limits, a ban on denying children health insurance based on pre-existing conditions, and a ban on coverage cancellations), more(prenominal) affordable coverage (Private insurers must provide justification for double-digit increases in premiums), better access to care (Preventative screenings for cancer are now free), and stronger Medicare (Provides relief to seniors who cannot afford prescription drugs).Since insurance companies are required to provide care, it makes sense to buy insurance only when you need it. In other words, wait until you get sick to buy insurance, because they cannot turn you down. In order to combat this, the law includes an individual mandate, which requires anyone that can afford it to bu y health insurance, or pay a penalty to the IRS. In essence, this is the part of the law that pays for it all. This is also the section many Republicans hate. In their philosophy, the government cannot force someone to buy something they may or may not need.They argued that this law was unconstitutional, and they sued in federal address to have the law nullified. There were deuce-ace illustrations overall one from the states (Florida v. U. S. Dept. of Health and Human Svcs. ), one from the federal government (U. S. Dept. of Health and Human Svcs. v. Florida), and one from the National Federation of Independent Business (Natl Fed. of Independent Bus. v. Sebelius). Due to conflicting vox populis from the lower courts in different jurisdictions, the irresponsible Court decided to hear the case to settle the differences.From March 26th to March 28th, 2012, the Supreme Court heard oral arguments from both sides. On the first day, the court heard argument over whether the Tax Anti-In junction Act passed into law in 1867 barred the Supreme Court from even making a decision in this case. The Tax Anti-Injunction Act says, No suit for the purpose of restraining the assessment or collection of any tax revenue shall be maintained in any court by any person, whether or not such person is the person against whom such tax was assessed. Basically, it means that you cannot sue the government for a tax you believe is unfair, until you have already nonrecreational that tax.This was passed into law to prevent people from filing lawsuits against the government to avoid paying taxes. Potentially, this could mean that no one can challenge the constitutionality of the ACA (Affordable Care Act) until someone has genuinely paid the penalty. At the earliest, they could sue on April 15th, 2015. The Supreme Court held that since Congress specifically labeled the consequences of the mandate as a penalty rather than a tax, the Anti-Injunction Act did not apply to this case, and that the court had the authority to hear the arguments. On the molybdenum day, the court heard arguments over whether the ndividual mandate component of the ACA fell under the constitutional parts of Congress.There were two arguments from the Solicitor Generals side (the ones supporting the constitutionality of the ACA) the ACA was constitutional under the commerce clause, and that the ACA was constitutional under the taxing power of Congress. The states (the ones claiming the ACA is unconstitutional) argued that Congress could not create commerce for it to regulate, and that the law described the consequences of the mandate a penalty, therefore it is not a tax. On the third day, the court heard arguments on the severability of the law.They questioned whether the ACA could survive if the court struck down the individual mandate. In the end, in a 5-4 decision, the court upheld the individual mandate component of the ACA as a valid exercise of the taxing power of Congress. They conclud ed that a financial penalty for not buying something constituted a non-direct tax. Because it is a non-direct tax, it is not required to be apportioned among the several states. The justices that voted for the constitutionality of the law are the four liberal justices Sonia Sotomayor, Stephen Breyer, Ruth Bader Ginsburg, Elena Kagan, and the conservative Chief Justice outhouse Roberts.The justices that voted against the constitutionality of the law are the other four conservative justices Anthony Kennedy, Samuel Alito, Antonin Scalia, and Clarence Thomas. John Roberts was the key swing vote. When asked why he voted for a law he is personally against, Chief Justice John Roberts responded, The Framers created a Federal Government of limited powers, and assigned to this Court the duty of enforcing those limits. The Court does so today. But the Court does not express an opinion on the wisdom of the Affordable Care Act. Under the Constitution, that judgment is reserved to the people.In my opinion, I applaud the decision of the Court. From the beginning, I thought the penalty was a tax I assumed it was called a penalty for political purposes. People would not like the idea of a tax increase. In reality, the penalty is collected in the same manner as a tax, so there are no real differences between the two. I have also gained a newfound respect for Chief Justice John Roberts. I think it is commendable to put the law in front of your personal beliefs. He has done just what is expected of a Supreme Court justice. If I were a Supreme Court justice, I would have made he same decision that he and the four liberal justices made.There are two types of consequences this law holds political and provisional. The provisional consequences of the law are the ones directly stated in the law a ban on lifetime limits, Medicaid expansion, etc. The political consequences of this law are not explicitly stated, however they can be inferred and speculated upon. There are three major poli tical consequences. The first consequence is that Obama can claim a major victory. He can now say his law withstood a Supreme Court challenge and passed the constitutionality test.A defeat would have been bad for the administration and the campaign. Instead, he has a chance to re-energize his base and reinstate the flow of campaign cash. The second consequence is that now that the law is no longer a legal issue, it becomes a campaign issue. Both Obama and Romney must sell voters on Obamacare. The court ruling could have stir a shift in public opinion among independent voters, and both candidates must appeal to this shift. Obama will insist this law was the right thing to do, while Romney will propose a new healthcare reform bill.The third consequence is that the ruling will enrage Republicans and make them more eager to vote for Romney so he can repeal the law. Voter trailer truck is expected to be lower than it was in 2008, and anything that can increase the turnout will be benefi cial for Romney. This law and its subsequent legal challenge have major political consequences. Whether you live in the 1880s or in the present day, chances are you will need health care at some point in your life. Ever since President Roosevelt proposed universal health care back in the 1930s, many politicians have tried to pass it into law.Until the ACA, it was considered politically impossible the idea just did not appeal to voters. The law has withstood a major legal challenge, and it will be up to Obama and Romney to convince independent voters that their version of healthcare reform is the best. If Obama wins the election, in 2014 everyone that can afford it must buy health insurance, whether they want to or not. If they dont, they will pay a tax equivalent to 1% of their income. If Romney wins the election, he will try to repeal the ACA and replace it with a reform package of his own. Only time will tell what will happen.

Market Failures & Professional Dilemmas Essay Example for Free

Market Failures Professional Dilemmas EssayBased on the Edwards article which market failures or imperfections are present in the Lobster Thermidor case? And toilet you identify any in your professional life? Based on the Halbert Ingulli reading (Making An Ethical Decision) apply the methods of ethical reasoning to these situations. ii market failures can be observed in the Lobster Thermidor case, a tragedy of earth goods and informational deficiencies. First of all, the divers contribute to dive deeper, to the limit of diving safety, since overfishing has make the lobsters rare and to catch the lobster less than 30 meter down is getting harder and harder. This is the very typical case of public goods, where the public resources such as the lobsters infra the sea are usually over-consumed by the individuals who try to maximize ones interest. Deforestation, which has destroyed the entire farming industry and forced Miskitos out to just rely on diving, was another tragedy c aused by the overconsumption of the public goods, forest. Secondly, both the divers and the end-consumers make wrong, irrational decisions cause of the lack of information.Divers, who do not make do the true market price of lobsters as well as the true price of potential risks, bargain away their goods with little danger pay allowances. Also, the consumers, who have no idea about the severe fishing environment in Honduras, are reluctant to pay more than current prices, formed lower than it should be at the cost of human lives. The company where I worked prior to school has always tried its best to remove any little elements of competition in its area.If there were a small but promising start-up with innovative idea and engineering science, that company used every means most were legal or grayness while a few were nearly irregular- to get rid of the potential threats. For instance, it quickly imitates the new technology of the start-up, take out the similar patent, scout the bo som human resources, block off the critical suppliers and seed funds, cut the price of competitive goods to the minimum level, and do hostile MA. This case also showed the issues related to public goods and informational deficiencies.The company attempted to minimize the production/dissemination of new technologies, which can be considered as public goods, and the newborn ventures could not protect themselves cause of the expressage access to the information. From the utilitarianism perspective, these are reasonable and desirable attempts because the larger number of stakeholders can be satisfied. My company had more than 20,000 employees while the average start-ups have no more than 100 employees.Considering the families of employees, shareholders, subcontractors, and the related industries, maximizing profit of my company could bring higher utilities than the success of small ventures. Even in long-term, my companys decision would not be wrong since the possibility of success of s tart-ups are extremely low compared to the global conglomerates. My company, which has the global network, huge infrastructure, and accumulated knowhow can exploit the new technology better and thereby encourage the social progress.In contrast, from the deontological view, it was absolutely wrong. My company not only hindered the fair competition but also committed illegal acts. Whether the result proved positive or negative is not important for the deontologists. Finally, it was not proper when applying the concept of virtue ethics since the motives of the actions of the company was not mend and contributes nearly nothing to the harmonious relationship with the community it belonged.