...Australian constitution and it states that the list of law making powers that can be exercise by both the Commonwealth Government and the State Governments. This gives that the Commonwealth Government Parliament the right to legislate laws with the county with the respect to external affairs. The external Affairs powers is the area of government that covers Australia’s relationships with all foreign countries such as China, Unites States of America and India. The external Affairs powers as been used to expend the law making power...
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...LAW AND ENVIROMENT Environmental law is a collective term describing international treaties (conventions), statutes, regulations, and common law or national legislation (where applicable) that operates to regulate the interaction of humanity and the natural environment, toward the purpose of reducing the impacts of human activity. The environment law may be divided into two major subjects: pollution control and remediation, and resource conservation, individual exhaustion. The limitations and expenses that such laws may impose on commerce, and the often unquantifiable (non-monetized) benefit of environmental protection, have generated and continue to generate significant controversy. In Kenya for long time did not have a comprehensive legislative framework for environmental regulation. Thus the law governing environmental matters was confirmed to the common law and a number of statutes regulating sectors such as water, health, forestry, agriculture and industry. Nevertheless, increasing Environmental Management and Coordination Act (EMCA) of 1999. On the whole, EMCA does not repeal the aforesaid sectoral legislation and instead seeks to coordinate the activities of the various agencies tasked to regulate the various sectors. In addition, the common law remains a useful instrument for environmental regulation. The common law deals the environment in ‘’reactive’’ as opposed to ‘’managerial’’ manner, since it is predominantly concerned with remedying any interference with a landowner’s...
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...Government The issue of inequality in Canada is part of a historical racism towards the First Peoples through the various federal legal mandates created through (1) the status of indigenous identity and (2) land issues on the reservation. Historically, the formation of Indian reservations has been part of the displacement and/or removal of First Peoples due to the problem of “white Canada” policies in the 19th century. The creation of the Indian Act of 1876 provided a means in which the Canadian federal government forced indigenous tribes to settle on land that was appointed by the government....
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...Real Estate Industry The laws of real property concern the many aspects of landownership, its use, and its conveyance. Its subjects include estates, ownership, leaseholds, contracts, mortgages, deeds, land titles, recording and more. According to J.P. Wiedemer and J. E. Goeters from their book Real Estate Investment, in real property law, an estate is an interest in land. It is the sum of property rights and/or things affixed to the land, which have a given duration of time (including infinity). An estate is concerned with the land; an ownership is concerned with people. Another definition of Real Estate, according to Dennis J. Mckenzie and Richard M. Betts from their book Essentials of real estate economics 2006 edition, is defined as land, that which is affixed to the land, that which is appurtenant to the land and that which is immovable by law. The ownership of real estate carries certain rights, known as the bundle of rights. The bundle includes the right to use, possess, exclude and dispose. These rights are not absolute; they can be legally modified by private restrictions and government regulations and laws. In short, real estate or real property is land and improvements and the rights associated with the ownership of same. One of the largest and most important investments that the average person makes is a house to live in. In past years, it was considered an acquisition of living accommodations and was expected to decline in value as it grew older and more outdated...
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...runaways, and a standing militia to prevent invasions from the Spaniards, among other things. This grated on the farmers and the gentlemen who owned the most land, after Oglethorpe and the other trustees wrote letters and essays on the fact it would make for a better protected Georgia, malcontent set in throughout. This malcontent spread and more letters, essays, and small books were written on why slavery would be more profitable for the poor farmers here. The trustees fought back one last time, before they were slowly whittled away and out of the government. Slavery was then legalized again, and to prevent runaways and other crimes, the punishments for slaves for them were severe. With these slaves and more products, the expansion of land was needed. With the discovery of gold and the need for more land, the Creek Indian Nation was effectively wiped out and removed from their lands quietly. The Cherokees put up a longer fight and were forced west on the Trail of Tears. A minority group of Cherokees sold and signed away their lands and the Georgian and federal governments pushed them out, to appease the wealthy land owners. Oglethorpe’s fears became prominent when only several wealthy Georgian families owned a majority of the land in Georgia, and roughly half were slaves. With slavery needed for the most profits, and more land used for greater production, more and more slaves were used. There were several different views on how they should be treated like paternalistic, abolitionist...
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...I. Why is “terminology” so important in the text? Terminology helps us to understand the law in ways that the law might be affected by its terms. (Richland 2010 p19) More and more governments are using their traditional language in today’s codes (Richland 2010 p33) and it is important that we understand their term definitions. II. What is Law? | A rule or set of rules, enforceable by the courts, regulating the government of a state, the relationship between the organs of government and the subjects of the state, and the relationship or conduct of subjects towards each other. The term “LAW” for Anglo-American society “means the way in which societies express who they are and the ways of life they value as a people” (Justin B. Richland, 2010). Law for one tribal nation is often different than what law looks like in another (Richland p8). The Indian Civil Rights Act 1968 provided a Bill of Rights to Indians in their relations with the tribal governments. It authorizes a model code for tribal courts for Indian offenses and requires Indian consent, by states of jurisdiction over Indian territory. | | | III. What is a tribal legal system? Please provide examples. The tribal legal system is made up of the norms, structures, and practices of the tribe. Norms are the values and beliefs held by the community about the proper and improper ways to act toward other people, places, and things (Richland 2010 p4). There are two kinds of norms, substantive and procedural...
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...geopolitics, land tenure and social life under the Normans took on a different pattern. The underlying continuity can be seen in the administration system, justice and religion. Indeed it could be argued that this underlying continuity ensured that the potentially revolutionary change remained evolutionary. The social life of the vast majority of the English population changed quite considerably under the new “Conqueror King”. William was much more ruthless than previous Kings, with many contemporary commentators noting that he was “stronger” than any past kings. This ruthless nature was shown in his savage policy of wasting where many villages were burnt to the ground. This is especially seen in the “Harrying of the North”. These were a series of campaigns undertaken by William in the 1069-70 Winter to bring the rebellious North to tow. A previously independent part of the country was now subjugated under Norman rule, and this wide spread destruction dealt with the previously ever lingering problem of the North being separate from the rest of the country. This savage way of dealing with rebellions set a precedent for the rest of the country. If anyone posed a threat or opposition they would be dealt with in the same ferocious way. Indeed it would seem that the vast majority of the population were subjected to a more stringent, merciless rule than ever before The introduction of the forest laws also facilitated great social change. Any land declared as royal forest/land could...
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...The Coordination of Legal Systems in Environmental Protection Introduction The objective of this paper is to examine the issues involved while protecting the environment and coordinate with the Australian legal system to devise an action plan for civil law. Factors that control the right usage of environment are a legal requirement in many countries. Australia is not an exception to this mainly because of the availability of abundant natural resources present in the country. This calls for biodiversity legislations and laws to avoid abuse of natural resources. Since, environmental protection plays an important role in many fields there is increased control and authority from different players that often leads to disputes. Policy-makers and lawyers have often overlooked the representation of systems used in legitimate regulatory behavior in the context of environmental protection. Environmental regulations are based on certain models that are perceived and created to aide policy-makers. These models help legal professionals and policy-makers to understand technical aspects and adverse impact on the environment for correctly framing laws and in decision making. Role of Environmental Models in Policies and Regulations Environmental models play an increasing role in decision making. They act as a catalyst for policy making and also for devising regulatory strategies. Models are required to be understood for policy makers and lawyers because of their focus in dispute resolution...
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...AGRICULTURAL LAW AEC304 CONVENOR – Felix Odimmasi OBJECTIVES OF THE COURSE The course is intended to help the student to explore the legal environment of Agricultural Law by providing a comprehensive survey of the development and regulation of legislation and doctrines which affect the development of Agriculture as a distinct driver of the economy in Kenya. CONDUCT OF THE COURSE The course shall consist of both coursework and examination. The coursework will be in the form of a researched seminar presentation, a term paper and a continuous assessment test each constituting 10% of the final mark, thus a total of 30% of the total mark. The exam will constitute the remaining 70%. COURSE CONTENT | |TOPIC |WEEK |COMMENT | |1 |Nature and sources of Kenyan Law | | | | |Definition and Classification of Law | | | | |Sources of Law | | | | |Law making processes | | | | |Administration of the Law ...
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...1.A civilization is created when certain requirements come into play. A centralized government is needed in a civilization so that laws are made and enforced. An organized religion is helpful so that the people have a belief of a higher being, and rules/laws are out into place on how that higher being should be worshipped. Creating a social class is important, because when the civilization is divided into groups it helps to assign those groups certain jobs. For example, higher class people could be the law of the land, middle class people could be the working class, and the lower class is the prisoners and slaves. Civilizations should also have a way of expressing themselves through painting, dance, and music. Civilization leaves a mark in...
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...Introduction History of Unwritten Law Objective of Unwriten Law General Principle of Unwritten Law Element of Unwritten Law The Different between a Unwritten Law and Written Law Example of Unwritten Case UNWRITTEN LAW It is simply that portion of Malaysian law which is not written, i.e., law which is not being enacted by Parliament or State Assemblies and which is not found in the written Federal and State Constitutions. Unwritten law is found in cases decided by the courts, local customs, etc. Unwritten law comprises of the following. * English law The common law of England does apply in Malaysia. However, not all of England’s common law forms part of Malaysian Law. Section 3 (1) of the Civil Law Act 1956 ( Revised 1972) provides that, in Peninsular Malaysia, the courts shall apply the common law of England as well as equity as administered in England on April 1956. In the states of Sabah and Sarawak, the common law of England and the rules of equity together with the statutes of general application shall be applied However, the application of the English law throughout Malaysia is subject to two limitations: a) It is applied only in the absence of local statutes on the particular subjects. Local law takes precedence over English law as the latter is meant to fill the gaps (lacuna) in the local system. b) Only that part of the English law is suited to local circumstances will be applied. The provision to Section 3(1) of the Civil Law Act, 1956 is authority for...
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...Prospects and chaleenges of land development policy in Bangladesh (MD. IBRAHIM KHOLILULLAH, DEPT OF AG.FINANCE, BAU MOB: 01718996557) Introduction Land is the father of wealth and labour is her mother. Land as wealth is scarce, finite, productive and decisive in determining individual’s economic status, social standing and political strength and in determining key to economic development as social justice. All these are more so true in an agrarian economy like Bangladesh. The importance of land and the concern for its uses associated with the ownership are built into people’s needs and aspirations Besides land there are also inland flood plains, streams, lakes, ponds, beel, haor-baor and other areas from very large to small that are partially or fully covered with water either seasonally or permanently in greater or lesser degree. Important characteristic of land is its immobility. A parcel of land remains where it is; it is the basis for establishing ownership. The great importance of land in determining human person’s economic and cultural progress is attributable largely to the diversification, relative scarcity, and localization of its resources. Arable farm land and the most useful minerals, especially, are not distributed evenly over the earth’s surface but are highly localized. A policy is a specific plan or settled course adopted and followed by a government, a group, an institution, or an individual to achieve desired ends. Land policies may be considered as major lines...
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...combining law and technology, to deal with trespass in cyberspace. Section 8 establishes the goals to be realized by the proposal, and Section 9 defines the precise language of the conceptual terms to be used. Section 10 proposes a legal and technical architecture utilizing the concepts of entities, control, and containers to prevent and govern unauthorized access in cyberspace. In section 11, the merits of this regime are evaluated in terms of meeting the stated objectives as well as feasibility of implementation and acceptance. Finally, section 13 conjectures as to how the implementation of this architecture will influence the world in terms of technology, law, markets, and social norms. 2 Real Space Trespass The right to exclude others has been described as the most fundamental and important right of property owners.[2] Because the right of exclusion "determines what men shall acquire. . . [and] determine[s] the mode of life of many," it involves de facto political sovereignty.[3] Thus, as one commentator has argued, property law should be treated with the same "considerations of social ethics and enlightened public policy which ought to be brought to the discussion of any just form of government."[4] This section will explore traditional trespass law from the vantage points of common law, statutes, and case law, focusing particularly on the common law actions of trespass and trespass to chattel. 2.1 Common Law Trespass Actions Under traditional common law, several...
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...McCulloch v Maryland was one of John Marshall’s most significant and important cases. He was the Chief of Justice for the case. During this case, he had made one of his most important decisions regarding the expansion of Federal power. He noted that Congress possessed powers that are not explicitly outlined in the U.S. Constitution. In order to cover all methods for furthering objectives covered by the enumerated powers, he had redefined “necessary” to mean “appropriate and legitimate” instead. John Marshall had aligned the Supreme Court with nationalists. These nationalists included Henry Clay, John Quincy Adams, and John Calhoun. He had also held that even though the states retained the power of taxation, the Constitution and the laws made...
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...Have you ever wondered why we use words the way we do? Or how these words came to mean what they mean? Or perhaps, why so many other languages that we have heard some pieces of before have similar words to our own? Many languages can be traced back to the Rome’s language, Latin. Latin is by far the most important and widely used part of the Roman Empire’s legacy. Which part of Ancient Rome’s legacy has had the biggest impact on the world we live in today? Ancient Rome’s language, Latin, is the most important part of the Roman Empire’s legacy because of how often we use it in the English language, how it is the language of law, government, and science, and how it’s the basis of countless languages that spread and conquered much of the world’s lands....
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