Although legal formalism is a critical component to the Australian legal system, judicial creativity is essential when the legislation fails to satisfy rule of law ideals. One key example of this is that although abortion is an offence under the Queensland Criminal Code, it was ruled this year by the Supreme Court that a 12 year old was able to proceed with terminating a pregnancy in a Queensland public hospital. This case’s outcome would be viewed as incorrect using reasoning from a strict legal formalism approach, however it is justified as it demonstrates judicial creativity can be employed when legal formality and procedural legality have not been met.
Yogi Berra believed that, “Baseball is 90 percent mental and the other half is physical.” From my tenure as a college softball pitcher at Point Park University, I learned how imperative being mentally sound is to the game of softball. The legal field is a very demanding field. I know my experiences gained on the diamond will allow me to flourish in a field dependent upon mental toughness.
On January 13, 2015, the applicant was placed on probation for offences of injuring animals and trespass. These offences were committed on November 9, 2014, when the applicant was 12 years old. In this instance, the applicant caught and beat two sheep, later letting them be mauled by a dog. While there was no conviction recorded for these offences, the applicant was sentenced to three months probation.
Laws have been put in place of the years to ensure that everyone has equal opportunities when it comes to getting a job, keeping a job, and having access to goods, services, and locations. Several of the laws that have been enacted over the years include the Family Medical Leave Act of 1993, the Age Discrimination Act of 1967, and the Americans with Disabilities of 1990.
Two potential lawsuits regarding the development of the infrastructure to the subdivision may be present. An infrastructure includes power, utility, cable, gas lines, and sewer pipes. The impending lawsuits imply the construction of the infrastructure will block access to a current utility easement therefore, denying the use of the easement by the city or the adjacent property owner. The city has warned said client of a lawsuit for fraud against a municipality in addition to closing down the new project and business altogether. The adjacent property owner is also threatening to sue for damages to property as well as trespassing.
The D.C. FCB targeted D.C.’s legal structure in order to move from its fiscal crisis. The 1997 Revitalization Act was proposed as a response to the federal payment that was appropriated annually in D.C. and was “simply not sufficient to address the District’s many financial obligations” (Bouker 2016, p.81). D.C. was a city acting as a state due to its hybrid municipal entity. Bouker defines this as how D.C. “lacked revenue support from a state government, but was forced by necessity to provide its residents the services normally funded by the state” (Bouker 2016, p.83). The FCB noted that “Every other city in the U.S. is part of a broader governance structure that begins with a state and includes other cities and counties,
As I read through Chapter 2, it is easy to see that legislation over the years has impacted my education in some way, shape, or form. There were a couple of points and legislations that stuck out to me in this reading assignment. First, I can see how the establishment of the Parent-Teacher Association in 1897 made a positive impact in my educational experience. My parents were always really involved and supportive of various school activities, whether that was through my mom being a helper in my elementary classrooms or both of my parents being members of the Booster Club when I was in high school. I think this helped show me how important education really was and led to unending support from them. Second, there are several “newer trends” that
Conswella could not have said it any better! Those people who are arguing that the first amendment is not working anymore may be the same people who are taking advantage of this right. There will always be a gray area in law or even our rights due to our world constantly changing. However people need to understand that the,” gray area” is there for possible mistakes and or for the improvement of
When reviewing the American Bankruptcy Institutes website I was researching the total number of bankruptcies in 2012, the total number of non-bankruptcies in 2012, and the total number of business bankruptcies in 2012. My findings concluded that the total number of bankruptcies in 2012 which consists of business and non-business fillings which includes the states and D.C. was 1,232,294 (ABI, 2013). The total number of non-business filings in the states and D.C. in 2012 was 1,232,294. The report shows that there were 811,789 non-business Chapter 7 filings and 352,553 non business Chapter 13 filings in 2012 (ABI, 2013).
Based on information currently available, the EPA believes the Preferred Alternative (Alternative 2) meets the NCP threshold criteria and provides the best balance of tradeoffs among the other alternatives with respect to the balancing and modifying criteria. EPA expects the Preferred Alternative to satisfy the following statutory requirements of CERCLA §121 (b): (1) be protective of human health and the environment; (2) comply with ARARs; (3) be cost-effective; and (4) utilize permanent solutions and alternative treatment technologies or resource recovery technologies to the maximum extent practicable. Though Alternative 2 does not meet the statutory preference for treatment, this Proposed Plan explains why that preference
describe about marketing history, company ethics and current market position of LUSH. This report also deals how LUSH is making their products with sustainability and what marketing strategy they are following. We will discuss about marketing mix of LUSH, How they are doing ethical business and their position in competitive market. We will also do SWOT analysis and LUSH position mapping with other brands. This report also concentrates how LUSH can improve its marketing strategy.
The workforce has developed rapidly over the years in relation to policy and statutory frameworks, with an emphasis upon the national curriculum in relation to literacy. The frameworks is influenced by political aspects by theoretical and political aspects. This has been reflected within practice as policy brings change and implications for practitioners and managers. Research has gone a long way to implement the revised national curriculum which was due to the concerns raised due to the fact as a country we are falling behind on the national league tables as we are in position 23 (DfEE, 2013), which is quite disappointing as English is our first language within Britain, and we have made no improvements within the last three years (DfEE, 2013).
The statement above said by Lord Bingham, from ‘The Rule of Law’ (2007) 66 (1) Cambridge Law Journal 67-85, p. 76. The statement references that the rule of law is not abided by if the state does not provide human protection. This statement can be looked upon, agreed and disagreed with after reviewing the two theories in the rule of law. This will be made possible, as I compare Joseph Raz’s formal theory and Lord Bingham’s Substantive Theory on the rule of law. But firstly, I will address what the Rule of Law is;