...The multifaceted nature of the legal system allows it to be both effective and ineffective in ensuring compliance with the law regarding family relationships. The legal system can never ensure complete compliance but ensures it effectively through legislation and common laws implemented in the family law areas of surrogacy . The law can be seen to not effectively ensure compliance in the areas of domestic violence and relationship breakdown involving children. In the issue of the legal rights and obligations of parents agreement with the law can be seen to occur, but more reform both legally and socially is needed for such effectiveness In family law issue of surrogacy, much recent reform has been orchestrated as a means to effectively encourage compliance with the law. The need to change and reform surrogacy laws to ones which were more coherent and simpler to comply with are noted in ‘Time to Change unjust surrogacy laws’ 2007 the age and in case law demonstrating the complex nature of complying with such laws ‘Wilson and Anor and Roberts and Anor 2010’. Thus in the surrogacy Act nsw 2010 was implemented to create a more decisive and coherent set of laws that are to be compiled with and that encouraged through their reflection of societies values and ethics. SMH published an article in 2015 stating head of family court Diana Bryant is confident Australia will legalize commercial surrogacy to prevent such tragedies such as ‘Baby Gammy’ who was let behind because of his disability...
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...What constitutes a federal law? What is bill C 323? A private members bill tabled by Member of Parliament Peter Julian (Burnaby-New Westminister) Provides for international communities with the option to pursue legal recourse in Canadian federal courts. It would allow non-citizen to sue Canadians and Canadian corporations for violations of basic human, environmental or labour rights when they are committed outside from Canada. Bill C-323 is a private members bill. This means… It mirrors the U.S alien torts claim act that … Anticipated that the federal government will claim Section 101 of the Constitution – it deals with Human Rights Law that cannot be proper subject matter of litigation in the Federal Courts. Section 101 of the consititution states that the constitutional status of the Supreme Court of Canada provides for the constitution, maintence and organization of a general court of appeal for Canada. The Supreme Court of Canada is at the apex of the judicial system in Canada making them the final arbitrator of legal disputes. Section 101 of the Consititution Act 1867 granted that additional courts for the better administration of the laws of Canada. Because the Suoreme COulrt is not one of the instruments forming part of the Consititution it ifollows that it is still open to ordinary amendment by Parliament. The Supreme Court of Canada became an essential part of Canada’s judicial committee after the abolition of the Privy Council. Reference Points would...
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...1. State the administrative agency which controls the regulation. Explain why this agency and your proposed regulation interests you (briefly). Will this proposed regulation affect you or the business in which you are working? If so, how? Submit a copy of the proposed regulation along with your responses to these five questions. The proposed regulation can be submitted as either a separate Word document (.doc) or Adobe file (.pdf). This means you will submit two attachments to the Week 2 Dropbox: (1) a Word doc with the questions and your answers and (2) a copy of the proposed regulation you used for this assignment. (10 points) Department of Agriculture – I am a fruit lover and I like eating sand pears so much, so this new importation rule interests me a lot, and it relates with China. This will affect me just personally, I like pears, but the pears produced by the US don’t taste good for me, I miss sand pears in my hometown so much. This new importation rule makes my wish come true. 2. Describe the proposal/change. (10 points) This rule allows the importation of sand pears (Pyrus pyrifolia) from China into the United States. 3. Write the public comment which you would submit to this proposal. If the proposed regulation deadline has already passed, write the comment you would have submitted. Explain briefly what you wish to accomplish with your comment. (10 points) It’s great to allow import new fruit from China into the US. It’s a good chance for all American people to...
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...Compassion in the Workplace This paper will provide a clear understanding of the following question. Has litigation replaced common sense and compassion in the workplace? When reaching this topic I found that the National Center for Preventive Law has provided information stating that society has a heightened awareness of and acceptance of lawsuits. The workplace currently has the need to address drastic changes in society and employment law which have prompted increased litigation. In the last decade the shift to employment at will has increased. I disagree with the statement that common sense and compassion has been replaced with litigation in the workplace. Legal There are laws that prevent employer from saying and doing things to employee that is not lawful and legal. Generally, the laws that protect an employee’s rights arise from three sources. Those contained in an employment contract that the employee has signed and dated. Laws that arise under common laws these laws are called judge-made laws and statutory law these are the laws that are passed by a legislative body. In limited circumstances an oral employment contract can also provide an employee with an cause of action. In my research I found the following laws allow employer to work effective under the following laws that have been implemented. Age Discrimination in Employment Act -- prohibits discrimination by employers on the basis of age. Americans with Disabilities Act...
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...Directive Principle of State Policy, concerns not just an Indian problem but a universal predicament for lawyers and legal systems. What is the relationship between personal status laws and general state-made laws? To what extent should the formal law allow for, or seek to restrain, the legal implications of religious and socio-cultural diversity? To what extent does a state, whether secular or not, actually have power and legitimacy to decree and enforce legal uniformity? There are many more agendas at play here than simply the central issue of legal authority, focused on the power of the law, or simply “religion” v. “law”, or “culture” v. “law”, as we are often still led to believe. I present here the recent developments in India’s law relating to the much-debated Uniform Civil Code agenda to illustrate that Indian law today increasingly turns its back on supposedly European or “Western” models, and has been developing its own country-specific and situation-sensitive methods of handling complex sociolegal issues. This may contain some important lessons for European lawyers, specifically in terms of managing cultural diversity through plurality-conscious legal intervention, rather than the traditional insistence on state-centric legal uniformity. The key lesson from this evidence is that personal status laws may well endure and survive the much-desired uniformity of legal reforms all over Asia and Africa, and probably elsewhere, too. The future of the world lies evidently not in simplistic ...
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...1. Property law is the area of law that governs the various forms of ownership in real property and in personal property, within the common law legal system. Provide an example of each type of property and why it falls into that classification. There are 2 main classifications of property which are real property, and personal property. There are also subcategories that fall under these two major classifications tangible personal property, intangible personal property and fixtures. One's house is considered real property as the definition of real property is realty, land and things that are attached permanently to the land. A car is considered is considered tangible personal property, because it is a physical object that does not fall within the realm of realty nor fixtures. An email account is considered to be intangible personal property because it is not a physical object that one can touch and is rightly yours to use or delete. 2. Eminent domain is defined as the right of government to take private property for a public purpose. Provide an instance of when you have seen eminent domain in action in your community. If you have not seen this situation, create an example of how this may occur. Though I never lived in Chicago or the state of Illinois. The move by the government to condemn and tear down the Cabrini Green projects was one of the biggest exercises of eminent domain that I can think of in my lifetime. The city used a multitude of methods to move the habitants...
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...Job Title | Description | Skills Required (list at least five skills, three of which are specific skills in the legal profession.). | Why are the skills listed necessary to succeed in the position? | Family Lawyer | Practices on clients going through a divorce, marital property, alimony, and child custody and support | Exceptional oral skills, written communication skills, strong analytical skills, balance multiple tasks, and leadership skills | As an a Family lawyer you will be speaking in front of a variety of people and sending letters to judges on behalf of clients. Leadership and analytical skills are important for cases you take on. | Criminal Lawyer | They defend individuals, organizations, and entities that have been charged with a crime | Excellent oral skills, written advocacy skills, persuasion skills, investigative and research skills, analytical skills, creative thinking | As criminal lawyer these skills will help build the skills needed to build a case and present that case in front of a court room in order to persuade the judge or jury to win the case. | List online sites used for this assignment below: http://legalcareers.about.com/od/legalspecialties/a/criminallaw.htm http://www.lawyeredu.org/criminal-defense.html Summary: In 300-500 words, respond to the following: * Discuss why you are interested in the selected jobs. * Explain how the job skills required for each job you selected are related to your professional goals. * Describe...
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...We will all face ethical dilemmas at some point in our lives and / or careers. The term ethics is not readily defined, but varies according to discipline. For example, philosophers define ethics as a study of morality, whereas health care providers might explain it in terms of meeting patient needs and owing a responsibility to the patient. We often examine ethical issues not with a specific approach, but rather with a “hybrid” approach, based on past experiences, our conscience, legal constraints, and social influences and pressures. Often, ethical issues touch on legal issues, or are regulated by laws and regulations. Laws or rules are usually established to set minimum standards for society to employ when dealing with others. The case of a woman battling for her life stirs controversy and becomes mainstream media worldwide. On February 25, 2009, 26 year-old Terry Schiavo was found by her husband, Michael Schiavo, after collapsing in their home (). She was believed to had an eating disorder known as bulimia, which can result in heart failure because of the lack of vitamins such as potassium(). Oxygen deprivation during the time of her collapse was believed to be the cause of brain damage, which doctors believed she was in a persistant vegetative state but not drain dead. However, the case sparks the medias attention eight years later when Terry’s husband Michael petitions to have his wife’s feeding tube removed whereas Terry’s parents contest Michaels petition to end her life...
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...Describe the organization and foundation of the American legal system. Explain the different roles of the federal and state government. The American legal system consists of two separate levels of court, defined as federalism, which together administer and enforce the laws in the United States. Federalism distributes the government powers between both the federal governments and the state governments, which ensures that the power of the national government is decentralized. The US Constitution divides the federal government into three branches - legislative, executive, and judicial. The legislative branch, consisting of the House of Representative and the Senate, make laws, the executive branch, consisting of the President, Vice President, and his cabinet, carry out the laws, and the judicial branch, consisting of the Supreme Court and other courts, evaluates the laws. Additionally, each branch has the power to change acts of the other branches. The President has the power to veto laws passed by congress, Congress can confirm or reject the president’s appointments and can remove the president from office, and the justices of the Supreme Court can overturn unconstitutional laws. The State government is modeled after the federal government and contains the same three branches; however, each state has their own constitution, which is often more detailed than the federal constitution. All powers not allotted to the federal government are reserved for the...
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...Legal Foundation of Education Counselling Referral Processes Prepared By: Brenda R. Tadeja Division of Caloocan City MAEd DR. CATALINA CASE REFERRAL Definition: • refers to the practice of helping clients find needed expert assistance that referring counselor cannot provide •Direct the client to another counselor with a higher level of training or special expertise related to the clients need When to Refer? • When a student presents a problem or a request for information which is beyond your level of competency. • When you feel that personality differences (which cannot be resolved) between you and the student will interfere with his or her effective progress. • If the problem is personal and you know the student on other than a professional basis (friend, neighbor, etc.). • If the student is reluctant to discuss his/her problem with you for some reason. • If, after a period of time, you do not believe your communication with a student has been effective Who to Refer? Anyone able to identify situations needing specialized counseling or advising deserves commendation. In addition, referring a student to the office appropriate to the problem demonstrates to the student that you have his or her best interests at heart. How to Make a Referral • The service is free to all students. • Confidentiality, to the limits provided by the law and court is respected. • No record of a student's use of the Counseling Center is made on a transcript, job placement...
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...International Law Moot Court Competition consists of an oral and a written part, the memorials. Through the years, many teams have lost vital points on editorial technicalities in their memorials even though these memorials were of a very high legal quality. Considering the fact that the memorials make up 50% of the total score, a proper presentation of the written arguments, in conformity with the Rules of Procedure, is vital in a competition that is getting more competitive each year. Why such an emphasize on presentation? Is the legal reasoning not the most important issue in this competition? Certainly so, but every participant should realize that also in legal practice, solidly and neatly presented legal documents are a "must". A well-written submission, a logically built-up argument is easier for a judge to understand. He or she is more likely to pick up counsel's line of argument and, hopefully, its submission. Uniformly used editing rules make it easier for a judge to find the documents, referred to in the Memorials and it will be easier for him or her to read through the document in general. A well written and neatly and uniformly presented document will show the judge that effort is being put into the case. Combine that with excellent legal arguments and most judges will at least be willing to listen to your case with an open mind.Clarity and consistency is key. As the Appeals Chamber of the International Criminal Tribunal for the former Yugoslavia in the Krajišnik (18 October...
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...Assignment 1: Whistleblowing and Sarbanes-Oxley The key characteristics of a whistle-blower are honesty and fearlessness. Whistle-blowing requires a person to have tenacity and a fighting spirit because those who take the action to Whistleblowing are in for a long, tough road. Whistle-blowers are often put under public scrutiny, shunned by co-workers and communities, and go through long strenuous legal battles before seeing any justice served. Whistleblowers also must combat retaliation from their employers, such as being fired or put on work suspension. The first case of whistle-blowing occurred nearly over 200 years ago. By a unanimous vote, The Continental Congress enacted the first whistle-blower protection law in the United States on July 30, 1778. The Continental Congress was moved to act after an incident in 1777 when Richard Marven and Samuel Shaw “blew the whistle” and suffered severe retaliation by Esek Hopkins, the commander-in-chief of the Continental Navy. Congress declared that the United States would defend the two whistle-blowers against a libel suit filed against them by Naval Commander Hopkins. The Continental Congress also declared it the duty of all persons in the service of the United States, as well as all others who inhabit the U.S. to inform the Continental Congress or proper authorities of any misconduct, fraud or misdemeanors committed by any officers in the service of these states, which may come to their knowledge (Lipman, 2012). A publicly...
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...Healthcare has reformed itself in many ways over the years; in the beginning doctors made house calls, surgeons kept the blood on their smocks to show their prestige. This gave way to patients being seen in hospitals and cleanliness promoting healthiness. Overtime caring for patients was not enough; safety and legal issues became apparent. Regulation in healthcare is a requirement now to keep not only patients safe but the organizations as well. The phrase “Common sense and compassion in the workplace has been replaced by litigation” is a statement I agree with. In personal experience when going to see a doctor, they are on such time restraint that it makes it difficult for them to properly treat their patients. Physicians have to adhere by their HMO’s, to be able to practice and have a business they have to follow rules set for them. Not only has it affected the employers but the employees as well. Shorter hours and greater demands have been place on employees in all kinds of business, laws and regulation has been put into place to protect employees’ rights. What should be common sense for people is not anymore. Every time a person turns on the television there is a story of someone suing another in healthcare from neglect during surgeries, unjustly being fired, or discrimination. Actions have been taken and agencies create to protect patients, employees, employers, and their organization against such acts. A few agencies that have been created are U.S. department of Labor...
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...------------------------------------------------- Top of Form | | | | | INDIVIDUAL FEEDBACK REPORT | | | | | Test Form: | National Real Estate Broker Multiple-Choice Self-Assessment Examination | ID: | | Name: | | Finish Date: | 5/21/2013 10:41 AM Eastern Daylight Time | Points: | 6 of 100 | | | √ | 1. | A licensee was showing property in an eight-unit complex to a prospective tenant using a motorized wheelchair. The tenant wanted to rent a unit, install grab bars in the bathroom, and lower all the door handles. The landlord | | | A. | | | can allow the tenant to make these modifications and pay for them to be made. | | | B. | | | can refuse to rent to the individual because it would devalue the property. | | | C. | | | must allow the tenant, at the tenant's expense, to make the modifications, but cannot require restoration at the end of the lease. | | | D. | √ | | must allow the tenant to make the modifications at the tenant's expense, but can require, by the terms of the lease, restoration of the property. | | | | | | The 1988 Amendments to the Federal Fair Housing Act require that a landlord allow a tenant to make changes to the property to accommodate a disability. These modifications are at the tenant's expense, and the landlord can require the tenant make reasonable restoration to the property at the end of the lease. | | | | √ | 2. | Which...
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...Celtics Basketball Assumption of Risk, Waiver, and Release from Liability I, ___________________________, desire to participate in the Celtics Basketball Sports Program. This Assumption of Risk, Waiver, and Release from Liability covers the entirety of my participation in the Club Sports Program, including travel to any tournaments or any activities associated with the Celtics Sports Program. 1. Risk Factors – I understand and acknowledge that the use of equipment and facilities provided by and participation in the Celtics Sports Program involves risks including, but not limited to the following: risk of property damage, bodily injury. These risks may result from a variety of circumstances including, but not limited to, the use or misuse of the equipment or facilities, from the activity itself, from the acts of myself or others, including the unavailability of emergency medical care. 2. Assumption of Risk – I am participating in the Celtics Basketball Sports Program of my own free will. I understand that my decision to participate in the Club Sports Program is entirely voluntary. I assume full responsibility for all risks that may arise out of, or result from my participation in the Celtics Sports Program, including but not limited to those risks described in Section 1, above. 3. Acknowledgement of Policies and Procedures – I acknowledge that I have read, know, and agree to all of the policies and procedures relating to my participation in the Celtics Basketball...
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