...Vicarious liability Damages/sanctions in harassment cases Obvious sources/areas of law Halsbury’s Laws Practitioner texts Statutes Statutory Instruments Case law Client objective(s) To ascertain whether DDL can be held liable for any damages in respect of civil proceedings concerning the harassment alleged, notwithstanding that Oxbridge Essays www.oxbridgeessays.com their internal complaints procedure was complied with. If so, to what degree is there anything they can do to placate the issue, and are there any steps they should be taking now. Record of research undertaken SECONDARY SOURCES Hard Copy Sources Practioner’s Texts I looked in a text called Smith and Wood’s “Employment Law”, 9th Edition. → index – looked up “vicarious liability”, specifically relating to discrimination → pp 282 – 285 This reference related to sexual discrimination, not relevant in this search but noted that s 41(1) of the Sexual Discrimination Act makes the employer vicariously liable for discrimination perpetrated by the complainant’s fellow employees in the course of their employment, whether or not it is done with Oxbridge Essays www.oxbridgeessays.com the employer’s knowledge or approval, but that a defence was available under s 41(3) where the employer took reasonable steps to prevent such conduct. Need to check if there is such a...
Words: 2952 - Pages: 12
...The following essay will argue that Western Australia should introduce specialist courts to address social issues such as homelessness. In the current modern society, there are more social issues and problems that the courts have to deal with, and introducing specialist courts can help lower the number of cases that mainstream courts resolve. Specialist courts for homelessness would also mean that judges and magistrates could specialise in resolving such disputes, in a manner which is more appropriate and takes into account the persons involved. By analysing The Vagrants, Gaming & Other Offences Act 1931 and other academic articles, it will be shown the current court system doesn’t adequately punish homeless persons in a way which considers all of the facets of their life. In Queensland, the Vagrants, Gaming & Other Offences Act 1931 has come under scrutiny for it being “archaic and ill-adapted to our modern society”1. The...
Words: 1601 - Pages: 7
...Introduction Romeo and Juliet is a tragedy about two opposing families, the Capulets and the Montagues who are constantly feuding. Romeo and Juliet are two young lovers but they come from different families, Romeo is a Montague whilst Juliet is a Capulet. Although the most obvious theme in the play is love, there are several scenes which contain violence and conflict. The play opens with violence due to the conflict between the two feuding families and it is this conflict that ultimately results in the deaths of Romeo and Juliet. Examples Get help with your essay Read more about our Essay Writing Service > Looking for examples of OUR work? Click here to see our Essay Writing Examples > Want to know more about our services? Take a look at our Writing & Marking Service Index > Act III, scene 1 is a pivotal scene in Romeo and Juliet transforming the play from one of Romance into Tragedy. The scene opens on the streets of Verona and begins with talk of violence, ultimately leading to the deaths of two of the main characters in the play - Tybalt and Mercutio. Benvolio is eager to avoid a fight with the Capulets and he suggests to Mercutio that they should return home: ‘I pray thee, good Mercutio, let’s retire/ The day is hot, the Capels are abroad’ this quote is foreshadowing the fight to come between Tybalt and Mercutio, whose death at Tybalt's hands sets the stage for Romeo's eventual undoing and the deaths of the two lovers.In Romeo and Juliet, Shakespeare...
Words: 967 - Pages: 4
...The analysis will include how the High Court decision wasted an opportunity to support the Aboriginal People in accessing equality. This essay will examine the considerations for sentencing Indigenous offenders as a unique group, and identifies the “unique circumstances of all Aboriginal offenders” which has relevance to moral culpability of an individual Aboriginal offender. ‘The history of Aboriginal people since European settlement is that they have been the subject of unprovoked aggression, conquest, pillage, rape brutalization, attempted genocide and systematic and unsystematic destruction of their culture,’ and this has had a significant impact on the Indigenous communities wellbeing. The inherit problems relating to Indigenous peoples disadvantage, includes being part of the Stolen Generation, as these people are more likely to come into contact with police in their adolescence...
Words: 1141 - Pages: 5
...as a ‘Rendezvous’ discipline; discuss the meaning and validity of this label The purpose of this essay is to discuss the meaning and validity of the label criminology has as a ‘rendezvous discipline’. To do this, this essay illuminates where criminology originates from and what its primary focus is. The Chicago School, Lombrosian Theory, Positivist and Classical criminology, are discussed. Other disciplines namely Sociology, Psychology, and the Criminal Justice Sector are examined and applied to the broad subject of criminology, to show the network of how this subject came to be recognised as such a discipline. Exposed are main issues that occur for the likes of criminologists and other social scientists when challenged with defining criminology; and the problems that definition’s carry with themselves. This essay will look in to the birth of criminology as a new discipline and how it has evolved in what it is known today as an applied social science. Explanation of what an ‘applied social science’ will be detailed and collectively the answer to the meaning and validity of the label of ‘rendezvous discipline’ will be provided. Topics that criminology is weaved into for instance are Globalisation, Capital Punishment, Serial Killing, Media, and Genocide. Used to demonstrate the importance that this discipline provides, in a range of contexts Media is the focus later in the essay. Criminology can be studied on its own as a subject, and also applied and used in determining why...
Words: 2805 - Pages: 12
...obtained is not. Police in different areas may deem certain areas of crime a priority and thus report and record these accordingly. Also, biases within the system itself against those from ethnic minorities may affect the resulting statistics to portray an uneven account of criminal activity. The relationship between crime rates and ethnicity is extremely complex due to other factors such as the difficulty of identifying a person’s ethnic origin and the cultural and social differences between ethnic groups. It has been shown on a variety of occasions that male black youths are disproportionately selected by the police to be ‘stopped and searched’; this then results in higher numbers of black youths being charged with offences as they have been caught doing so. However, the same crimes are probably being committed by other subcultures within society, but as both the media and police do not focus on them, they are not being seen. There are many flaws with official statistics and therefore their reliability. For example, there are sections of crime that are not dealt with by the police; the management as opposed to involving an outside force, for example, may deal with crimes within a company. Also, not all crimes would be recorded or reported by the police, for example it has been shown that police are willing to let middle class youths ‘get away’ with more as they believe that they will grow out of such behaviour and become high achieving...
Words: 1432 - Pages: 6
...In this essay there will be information explaining to what extent the concept of social exclusion helps us understand the relationship between drug use and crime. One of the most common explanations of the drug-crime relationship is that drug use causes crime. While there is some support that drug use causes crime, there is some variation about the way in which drug use may cause crime.(Bennett and Holloway,2005) Bennett and Holloway highlight three types of explanation: Psychopharmacological explanations, economic explanations and drug lifestyle explanations. Psychopharmacological explanations suggest drug use can lead to crime because of the impact of drugs on the behaviour of the drug user. Goldstein describes this when he states ‘some individuals as a result of short term or long term ingestion of specific substances may become excitable, irrational and exhibit violent behaviour.’ (Goldstein,1985:494) By this Goldstein is saying that drug taking has a direct effect on the individual’s behaviour which can lead to criminal behaviour (Bennett and Holloway,2005).Psychopharmacological explanations of the links between drug use and crime tend to focus on the links between drug use and violent crime (Bennett and Holloway,2005). There are a number of ways in which Psychopharmacological processes may lead to crime. White and Gorman list ‘disinhibition, cognitive-perceptual distortions, attention deficits, bad judgement and neuro-chemical change’ (White and Gorman,2000:170) as potential...
Words: 2077 - Pages: 9
...enforcement capability in countering terrorism? Andrew McAdam Student Number: Word Count: “Things will never be the same.” (Miller, Stone & Mitchell, 2002, p. 3) Law enforcement has undergone dramatic changes as a result of the devastating events in the United States on 11 September 2001 (9/11). This essay will examine how law enforcement, specifically within Australia, has shifted its policies and strategies to fight the post-9/11 terrorist threat. An analysis of police actions towards terrorist related incidents since 9/11, displays how law enforcement agencies have demonstrated their ability to respond to the various threats of terrorism as they arise. “Since 2001, numerous terrorist attacks have been thwarted in Australia. Thirty-eight people have been prosecuted as a result of counter-terrorism operations and 20 people have been convicted of terrorism offences under the Criminal Code.” (Counter-Terrorism White Paper, 2010, p. ii) Australia’s State and Federal policing agencies have ‘a long tradition of reactive patrol’ (White, 2012, p. 487) However, uniformed policing plays an important role in counter-terrorism operations. Due to their knowledge and close working relationships within the local community, police are in the best position to detect and prevent terrorist actions from occurring. “So far, terrorist attempts in Australia have been disrupted by the coordinated and highly professional efforts of Australia’s security agencies and police services” (Counter-Terrorism...
Words: 2434 - Pages: 10
...Matthew DeLorenzo Miss Newman English 8 Per. 3 15 March 2012 Muckraker Persuasive Essay In 2000 1,561, adolescents under the age of 18, were arrested for homicide. In our society more and more teenagers are being arrested for types of violent and non-violent crime. 33% of high school students were in a physical fight within a 12 month period. Many parents of delinquents take them to therapy to try and turn their life around. Violent crime in our teens today is ruining our society. Direct and in direct costs of teen violence are more than 158 billion dollars (Teen Help). Conviction for carrying knives and other weapons have doubled since the last decade. (Telegraph). Homicide was the second leading cause of death for 15-24 year olds. (Ashira R.). Most kids missed school due to feelings of insecurity. (Teen help). One third of all victims were between the ages of 12-19. (Ashira R.). In most cases adolescents are under the influence of drugs and alcohol a.k.a. non-violent crime. In an article, Derrick Reed was born “Fragile and addicted to crack” (huffingtonpost). “With his drug addicted mother” and “drug selling father out of the picture, he was raised by his grandparents and considered himself a “typical teenager” until $75 of heroin landed him in a adult prison at the age of 17. Through the 1990s, drug abuse rates rose steadily and have not dropped significantly. In most cases the male sex is the most common drug addicts. Drug abuse violations accounted for $3,900...
Words: 625 - Pages: 3
...AP World History For many of you AP world History will be your first experience with an AP class, this class will be both rewarding and very demanding. We must cover close to 10,000 years of World History is just under eight months, in order to prepare you for the AP exam in May, so to get a jump start on the information you will be required to complete a summer assignment. This assignment will be due August 26, 2011, however when school begins we will hit the ground running so waiting until school starts to complete this assignment is not advisable. This assignment carries two purposes: giving the teacher insight into your thinking and reasoning abilities and giving you, the student, insight into the type of assignments and level of thinking required in an AP class. Successful completion of this assignment will help secure a solid foundation for AP World History. You will find that AP courses typically have fewer daily grades and more emphasis is placed upon major test grades. Successful completion of this assignment will have a positive effect on your first six weeks average. If you do not successfully complete this assignment, it will have a negative impact on your first six weeks average. Summer Assignment for AP World History Part I: Send Me an Email To be completed before the end of June Please give me your name, your email address and a parent/guardian name and email address as well as your cell phone number and a parent/guardian contact number. Please...
Words: 1119 - Pages: 5
...Domination involves control or power, which can be seen in the economic, political, and social spheres of society. Sexual harassment is not simply an assertion of power, for power can be used in beneficial ways. The power men have over women has been wielded in ways that oppress women. The power ex- pressed in sexual harassment is oppression, power used wrongly” (Textbook, p154). It is estimated that approximately 90% of all female employees in Canada will face some form of sexual harassment while working on the job, especially the young women and unmarried women. Sexual harassment not only creates an unhealthy work environment and negative consequences for the harassed, but it is also a violation of Human Rights and Freedoms legislation. In this essay, I will focus on the negative effect of sexual harassment and give some recommendations that can support Anita’s claim. It is important to note that women often know when they have been sexually harassed. However, I am arguing for objective justification of sexual harassment, rather than subjective, there are cases in which women are mistaken. According to Anita, the sexual harassment is the harm an action causes to woman as a group, rather than in subjective terms. If a woman reports an incident of sexual harassment, and the conduct is solely defined by her feelings or perceptions towards it, she stands the risk of being labeled as oversensitive. Here is a situation, employer saw that an opposite sex employee who got a coffee...
Words: 1027 - Pages: 5
...What Does a Good Essay Need? • An academic essay aims to persuade readers of an idea based on evidence. • An academic essay should answer a question or task. • It should have an argument. • It should try to present or discuss something: develop a ‘thesis’ or a set of closely related points - by reasoning and evidence. • An academic essay should include relevant examples, supporting evidence and information from academic texts or credible sources. 1. Starting Your Essay Although there are some basic steps to writing an assignment, essay writing is not a linear process. You might work through the different stages a number of times in the course of writing an essay. For example, you may go back to the reading and notetaking stage if you find another useful text, or perhaps to reread to locate specific information. Start work early You can’t write a successful essay unless you give yourself enough time to read, research, think and write. Don’t procrastinate or leave it until the last minute; start as early as possible. Define the question and analyse the task Writing down everything you know about a topic is not enough to make a good academic essay. Analysing, then answering the essay’s question or task is central. • Be sure that you understand exactly what the question requires you to do. • Identify the key words (like discuss or analyse) and clarify the approach you are required to take. See The Learning Centre guide ‘Answering Assignment Questions’ 2. Researching...
Words: 2008 - Pages: 9
...Outline The Main Ways By Which Offending By Children And Young People May Be Prevented. Explain Any Conflicts You Feel May Exist With The Principles Of Human Rights And Natural Justice. The aim of the question stated is to discuss how the New Labour Government has responded in terms of preventing children and young people from engaging in criminal behaviour and entering the youth justice system. In order to answer this statement the essay shall explore the various legislations implemented in an attempt to prevent youth criminality, discussing any conflicts that exist with the principles of Human Rights and Natural Justice. In Britain there are two types of Law, firstly Statutory Law, which are Acts of Law passed by the Parliament. Whereby the Parliament must check its consistency with the 1998 Human Rights Act (the HRA). The HRA ‘introduced European Convention on Human Rights into English Law’ (Crawford & Newburn; 2003: p16). The UN Standard Minimum Rules for the Administration of Juvenile Justice include: ‘The best interests of the child are paramount; judicial proceedings should be avoided where possible; any intervention should be kept minimum; police, prosecution or other agencies should be able to dispose of cases at their discretion; criminalizing and penalising young people should be avoided unless there is serious damage or harm to others; legal assistance should be prompt and free of charge’ (Crawford & Newburn; 2003: p16). The second type is Common Law;...
Words: 3369 - Pages: 14
...STX Engelsk Eksamen Delprøve 2B 2014 Analytic essay: “Big Brother is watching you more closely than ever:CCTV Cameras, the Spies in our midst. Privacy is essential to our humanity. It permits us to shape and maintain lives, from which personal identity, selfdetermination and freedom arise. In today’s society, however, undisturbedness is mainly an illusion. The line between privacy and public space has simply become as fragile as porcelain. This is due to increased monitoring of human behaviour. In “Big Brother is watching you more closely than ever”, written by John Kampfner in 2012, it is discussed whether surveillance provides protection or disturbs the individual liberty. A coherent structure in essence is the foundation for the written amount of text. The article consists of three components: an introduction, a body and a conclusion. Thus it achieves structural integrity. The text mostly centers on the subject of surveillance and its effect on society. To what extent the use of security cameras can be justified is, however, also a focus of attention. The major topic is presented in the introduction by using the words: “The march of CCTV cameras.” The ideas, to which the writer will adhere when discussing the theme, are likewise indicated in the introductory section. The body, where the issue is elaborated, covers the critical evidence that defends the position of John Kampfner. The documentation includes specific facts, description, quotations and...
Words: 912 - Pages: 4
...Abstract This essay looks into Florida laws that prohibit predatory conduct. The state of Florida has sexual offenses codified into law and felony under the Sexual Predator Act. Some offenses under the Florida Sexual Predator Act may attract the death sentence, life in prison or fines. However, a judge may exercise discretion based on circumstances of a case when sentencing a sexual offender. However, some provisions of the Florida Sexual Predator Act are harsher than necessary. As discussed in this essay, very harsh sexual predator laws inhibit ability of sexual predators to reintegrate in the society. Thus, considerate sexual predator laws are highly encouraged. Sexual Predator Prosecution in Florida The state of Florida has statutes that define predatory conduct. Thus, the Florida Sexual Predators Act defines offenses and legal circumstances that can qualify an offender as a sexual predator. However, not all sexual offenses are designated as predatory under Florida law. What Types of Crimes are codified into Law, Misdemeanor or Felony? The criminal justice process must rely on elaborate laws that define unlawful conduct (Wright, 2013, p.4). Thus, the Florida Sexual Predators Act codifies several sexual offenses into law and felony. There are three main ways to determine if a sex offender is a predator. Generally, Florida law designates any repeat sexual offender as a predator. As per “one is enough” sexual predator offenses, a person who commits a qualifying sexual...
Words: 1184 - Pages: 5
