Civil Law

Legal Definition of MarriageDiscuss whether the marriage is void or voidable and, if so, on what grounds. According to Lord Penzance of Hyde v Hyde (1866) LR 1 PD 130, marriage can be demarcated as "a voluntary bond between men and women to eliminate everyone else throughout their lives." It discusses the legitimacy of Mormon's marriage. It is real in today’s time in the sense that the marriage has reached an agreement, is heterose...

The Concept of Freedom of Speech in Different Forms of GovernmentThe nations allow the ‘freedom of speech’ to erratic and changing degrees. The ideal aristocracy of Plato actually implements restriction in connection to the greater good, while the contemporary democratic states acknowledge the freedom relating to speech as a rudimentary human right. Yet, it can be said that neither in the nation of United States nor in the nation o...

Overview of the Ontario Provincial Offences ActThe Provincial Offences Act was introduced in 1979. It oversees a large portion of the procedure for prosecuting and enforcing federal and provincial administrative violations and local by-laws. The Law Commission of Canada projected in 1974 that there were 20,000 administrative crimes in each jurisdiction, plus another 20,000 federal crimes, and these figures did not involve municipal b...

Analysis of Relevant Legal PrinciplesThe actual issue would be what shall be the claims (on grounds of negligence) that could be raised by the parties mentioned below, and what are the defenses that could be availed: - Thalia Odysseus Athena Poseidon In Donoghue v Stevenson [1932] AC 562, the ‘neighbour principle’ had been applied, and it was ruled that a ‘duty of care’ shall be owed by a person in relatio...

Types of Evidence under Evidence Act 1995 (NSW)During any criminal incident, evidence plays an important part. Legally, evidence covers the burden of proof, admissibility, relevance, weight, and sufficiency to admit something in the records for legal proceedings. Evidence is observed to be a very significant part of every city as well as criminal proceedings which includes the blood, hair samples, video recordings, or the testimony of witnesse...

External Affairs Power and Treaty Implementation The relevant facts of the case are that Urangen Ltd was licensed and authorized by the Commonwealth Minister for the construction and operation of the nuclear plant in Latrobe Valley.[1] The Nuclear Materials (Cooperation with Kernistan) Act 2021 (Cth) was enacted on 3 December 2021 in accordance with the recommendation of the Joint Ministerial Committee’s meeting. The meeting was held as...

Understanding MediationWhen a dispute is raised, there are different measures that can be resorted to resolve such a dispute. This predominantly covers litigation and Alternative Dispute Resolution (ADR) mechanisms like mediation, arbitration, and conciliation. In particular, mediation has become quite an effective mechanism for ADR. There has been a noted boom in the use of mediation across the globe, particularly in nations like Australia, C...

Background of the NoticeBlackacre Associate Lawyers, PO Box 205 Brisbane. 11th March 2022.  Mr. & Mrs. Bligh, 3 Sigh Lane, PO Box 4243, Brisbane Dear Sir & Madam Re: Notice For Repair And Mowing Of Property Pursuant To Tenancy Agreement. Hello, we are acting on behalf of our client (Mr. William Singh) who happen to be the landlord of the property that you are currently staying. The following issues have been brought...

Violation of Section 51 (xxxi) Defendant According to the Countering Terrorist Activities Act (2017) (the CTA) Section 1 the Australian Anti-Terrorism Authority (AATA) will acquire the Pond University Library in form of a investigation and research center into allegations regarding terrorist activities which also includes the basis of material support like treatment of those involved in terrorist activities. Section 2 states that any d...

Assessment Task 1 Question Right option Description 1 B False 2 D All of the above 3 B 3 properties of similar standard or condition, sold within a 5-kilometre radius in the previous six months. 4 E All of the above 5 E All of the above 6 E All of the above 7 A Yes 8 A The ri...

Free ConsentConsent refers to giving the permission or assenting for something to happen. Under the medical law, valid consent remains a vital element to any treatment, as it not only protects the patients but also protects the ones who provide such a treatment. For the second category, the valid consent acts as a defense in such cases where a claim is made under the criminal charges of batter or assault or against the civil claims of trespass...

The Relevance of Class Actions in Avoiding ClaimsIn the traditional lawsuits, the action is commenced by the plaintiff, whereby the defendant is personally served with a complaint. The parties to such a lawsuit appear before the court of law, which has the requisite jurisdictional power of adjudicating on the matters raised (Picker and Seidman, 2015). On the basis of this physical appearance, the parties are given the opportunity of presenti...

Duty to WarnTo warn entails advising the general public or a section of the public on the dangers of something. Warnings are very common. We interact with warnings on a daily basis; on our roads, on packed foodstuffs and even on drugs. The intention of a warning is to create a safe environment for human beings. The duty to warn extends to architects as well, especially on matters within their knowledge that might harm someone if not remedied....

Background informationBrowne v. Dunn has been regarded as a well-known British Case law, the verdict of which was based on the rules of cross-examination. The grounds of precedence are the root cause for Christianization of the case as “Browne v Dunn Rule”. The ruling provided in this case was usually observed to require that the cross examiner could not depend on proof that was paradoxical to the authentication of the witness...

Part A1. The young members of the tribe have shown dissatisfaction in relation to the provisions made in the following provisions. The tribe and its members had agreed to follow the below rules: The actions of the tribe should be done in accordance to the tribes welfare The appointment of the group of people in the tribe should be done via an election system, this group had the duty to enforce the decisions of the eldest tribe members The...

Setting the ScenePublic international law has not been inactive in the last few decades.  There are many developments, specifically in the law of treaties, in which improved concern in Article 31(3) (c) of the Vienna Convention of the Law of Treaties (VCLT) OF 1969 of May 29, 1969 has increased.  Any investigation of the VCLT should start by recalling the apparent truism that the convention is never used in isolation; however, the ...

Forms of women abuse in India and USAWomen abuse is considered as a major issue in international terms as it is one of those issues that is faced by women worldwide. An abuse can take many forms such as emotional abuse, physical abuse, sexual abuse, financial abuse etc. In the current environment, women are fighting to work shoulder to shoulder with men that are stressing them. This is ultimately resulting in women abuse in society. The below-...

Overview of Texas PoliticsThe study in this essay provides a structural analysis of the Texas law and policy methods in relation to the campaign by Beto o’Rourke and Ted Cruz. In this context, the study elucidates the scenario of current political campaigns. However, news campaign shows that in any election-taking place in Texas since the year 1994, every winner of the elections was selected for all the practical purposes in the Republic...

History of Disability Exclusions in North AmericaIn this article, an attempt has been made by the author to compare the provisions that are present under the immigration and refugee law of the United States and Canada, which allow the immigration to prevent persons from disabilities from immigrating to these countries on account of their disabilities. In this article, the history of these provisions has been traced in both of these countries, ...

Cases that may be usefulQ1. The government of Australia has passed the Government Neatness Act which ensures that all the members of the Parliament have standardized cuts with no coverings on head and mustaches or beards. The issue here is that the three religious people who are Judith, Islamic and Sikh in Parliament people have problems in following these provisions. Due to their culture, beliefs, and religion, they are required to wear ...

Legal IssuesProperty law is that area of law that is governed by various forms of ownership and tenancy in real property and in personal property within the system of common law. In Singapore, the property has been governed in accordance with the common law legal system. In the civil law system there is a division between movable and immovable property. Conveyance is the legal process for transferring of property from one owner to another owne...

Referring to the offence under section 159(2) of the Highway Traffic Act1. It has been stated under Section 159(2) of the Highway Traffic Act that the vehicle has to be slow down when there is an emergency vehicle has been passing through and the lights of a vehicle has been activated. If there has been more than one lane on the highway the driver is required to move over and leave one lane between the emergency vehicle and the parked vehicle....

ThesisSince it was created in 1875, Canada’s Supreme Court being the most crucial governing institutions has spent mainstream of its account in the darkness. During the last four decades has this institution attracted huge media coverage or continued consideration by political researchers. The predominance of this significance was created by the introduction of the Charter of Rights that transformed the role of Supreme Court (McIntyre &a...