Essays Tagged: "Court of Appeal"

"A. G. of Canada vs. Lavell - Isaac vs Bedard"

It was on the day of February 22, 1973, when the Supreme Court of Ontario convened to review two cases brought forth from the Federal Court of Appeal, concer ... rn as North American Indians and acting as respondents, were summoned to present their cases to the Court. The claim was that:The provisions of s. 12(1)(b) of the Indian Act, R.S.C. 1970, c. 1-6, are ... compared to their male Native American counterparts. Appearing for several days before the Supreme Court of Ontario, and after much debate, these two women prove that the smallest person can make a d ...

(10 pages) 46 0 0.0 Apr/2003

Subjects: Law & Government Essays > Law > Cases

Criminal Assignment.

sk of her suffering actual bodily harm as a result of his advances. This argument was rejected, the court held that the mens rea for battery was sufficient in itself, and there was no need for any ext ... indow and down a row of knotted sheets. He fell fracturing his wrist and dislocated his pelvis. The Court of Appeal found "Actual" meant not so trivial as to be wholly insignificant. "Harm" was injury ...

(8 pages) 70 0 4.0 Jan/2004

Subjects: Law & Government Essays

Evaluate the impact of the High Court of Australia on Australia's Federal Experience.

To evaluate the impact of the High Court on Australia's federal experience, it's important to discuss the High Court, ideas of centrali ... rtant to discuss the High Court, ideas of centralism and federalism and the five phases of the High Court.The High Court of Australia is the superior court of the Australian hierarchy of courts. It's ... the constitution) and appellant jurisdiction over all civil and criminal law in Australia (highest court of appeal). The HCA also resolves inter se disputes between the Commonwealth and States. Gener ...

(6 pages) 79 0 4.4 Apr/2004

Subjects: Law & Government Essays

Freedom of expression in Hong Kong since 1997

rries that our long history of rule of law and autonomy would be threatened. In light of the recent Court of Appeal decision in Sing Tao Limited v So Wing Keung , the public's attention is drawn to th ... f a number of constitutional cases and incidents, for instance, the Charter Garden incident and the Court of Appeal decision in Leung Kwok Hung case (which I will mention below), a "red signal" to our ...

(12 pages) 50 0 4.3 Mar/2005

Subjects: Law & Government Essays

Legal interpretation-Howard v Queensland [2001] 2 Qd R 154., Summary of Whistleblowers Protection Act 1994 (Qld), Hypothetical

Howard v Queensland [2001] 2 Qd R 154.(Court of Appeal)Judges: McMurdo P, Thomas JA and Ambrose J.Facts: The appellant is the plaintiff in ... ndant is vicariously liable for their actions. Mr. Howard is appealing from a decision trialed by a court.Legal Issues:1. Should the demurrer be upheld on the ground that 'on the proper construction o ...

(9 pages) 26 0 0.0 Apr/2006

Subjects: Law & Government Essays > Law > Cases

Biography of Karl Marx

le middle class home provided by his father. Marx's father worked as a counselor-at-law at the High-Court of Appeal in Trier. David McClellan believes that, "Trier first imbued Marx with his abiding p ... ewish ancestry, Heinrich converted his family to Protestantism in order to keep his position at the courthouse. "Some have considered this rabbinic ancestry to be the key to Marx's ideas and see him a ...

(4 pages) 68 0 3.0 May/2006

Subjects: History Term Papers > European History

Case note: Blackpool and Fylde Aero Club v Blackpool Borough Council

egistry, presided over by Judge Jolly. The Council then appealed the decision of Judge Jolly to the Court of Appeal (Civil Division). The appeal was heard by Stocker, Bingham and Farquharson L.J.J. wi ... er, Bingham and Farquharson L.J.J. with Bingham L.J. delivering the lead judgement of the unanimous court. The appeal was dismissed with costs and the application for leave to appeal to the House of L ...

(12 pages) 56 0 5.0 Feb/2007

Subjects: Law & Government Essays > Law > Cases

Parlaimentary Powers

relative balance of power has swung heavily towards the central, Commonwealth Parliament. The High Court, the highest court of appeal in Australia, resides over arguments between State and Commonweal ... ayed a major role in this swing of power. In events and issues affecting both Parliaments, the High Court has tended to hand more powers to the Commonwealth Parliament. These events and issues include ...

(6 pages) 11 0 0.0 Jun/2001

Subjects: Law & Government Essays

Sexual Harassment

t is now not being tolerated globally.As for an example, Canada was previously used. In the Ontario Court of Appeal, each type of sexual harassment is investigated by specialist dealing with the natur ... sequent failure to re-hire. This case is still pending and has been moved up to the Ontario Supreme Court, due to other legal ramifications (OHRC 2003). This is a classic example of sexual harassment ...

(6 pages) 114 0 4.0 Sep/2007

Subjects: Law & Government Essays > Civil Rights

Case Portfolio

Basic BusinessCaseCounty of Santa Clara, et al, v. Atlantic Richfield Company, et al., In the court of Appeal of the State of California Sixth Appellate District, Superior Court.FactsA group of ... 4th at p. 210, italics added.)AnalysisIn the first complaint, the defendant's demurred in which the court sustained. The plaintiff's filed an amended complaint in which the court denied leave of actio ...

(20 pages) 175 0 4.0 Oct/2007

Subjects: Law & Government Essays > Law > Cases

The High court of Australia

1)What is the role of the High Court in Australia?The High Court of Australia is the nations most fundamental legal tribunal. The A ... onstitution Act of 1900. Under the original jurisdiction, the exclusive role of the Australian High Court is to interpret the constitution through making decisional outcomes upon existing disputes on ... through making decisional outcomes upon existing disputes on constitutional matters.Under the High Court of Australia, appellate jurisdiction exists. This particular jurisdiction covers a large amoun ...

(7 pages) 32 0 5.0 Oct/2007

Subjects: Law & Government Essays > Law

Criminal law

put it simply, intention is the aim or purpose of the defendant. It is a subjective concept which a court is concerned purely with what the particular defendant was intending at the time of the offenc ... that a person can have intention where they did not want the result but merely foresaw it, yet the courts are not saying foresight is intention. It is merely evidence from which intention can be foun ...

(8 pages) 69 1 3.2 Nov/2007

Subjects: Law & Government Essays > Law

Inept and unsuccessful. how

lishing the State bank (Reichsbank) and adopting the gold standard. Bismarck also formed a National Court of Appeal that helped to promote feelings of a united state. With industry and economy booming ...

(8 pages) 812 0 0.0 Feb/2008

Subjects: History Term Papers > European History > German History

KOOEE COMMUNICATIONS PTY LTD & ANOR v PRIMUS TELECOMMUNICATIONS PTY LTD [2008] NSWCA 5

ed to interest on "collections", "migration cost" and "revenue share" in the cross-appeal?TEST: The Court adopted a passage from Lord Hofmann in Investors Compensation Scheme Ltd v West Bromwich Build ... t adopted in Fitzgerald v Masters despite by applying a test of "business commonsense".OUTCOME: The Court of Appeal held that in consideration of business commonsense, the language used in the deed we ...

(2 pages) 1115 0 0.0 Sep/2008

Subjects: Law & Government Essays > Law > Cases

English Law - The Court System

HistoryThe English court system dates back to 1200, the longest running within European secular court records. It is a ... to 1200, the longest running within European secular court records. It is a common law system. The court system started as a concept of justice, a matter of the crown. The court system works on a hie ... be a tried a tested system which is centuries old, the hierarchical system means there is always a court of appeal, thus a second chance for justice.The main backbone of the English court system is t ...

(3 pages) 36 0 3.0 Nov/2008

Subjects: Law & Government Essays > Law

A Case of Religious Freedom : Multani v. Commission Scolaire. Examines the two principle reasons for the ruling in favour of Multani.

o impose a board-wide ban on the kirpan. The school board ban was overturned by the Quebec Superior Court, but then upheld by the Quebec Court of Appeal. The case was appealed to the Supreme Court of ... ed the individuals right to freedom of Religion under Section 2 of the Charter.Firstly, the Supreme Court of Canada, in their ruling on the case of Multani v. Commision Scolaire Marguerite -Bourgouys, ...

(6 pages) 4 0 0.0 Nov/2008

Subjects: Law & Government Essays > Law > Cases

Do you think that the courts should have a statutory discretion to determine the effects of illegality in resulting trust cases?

Do you think that the courts should have a statutory discretion to determine the effects of illegality in resulting trust ... e is much debate and discussion amongst many commentators in relation to illegality and whether the courts should have a statutory discretion to determine the effects of it in resulting trust cases. I ... rrent judicial opinion on this most confused and confusing branch of the law. Learned judges in the court of Appeal and the House of Lords have had great difficulty in formulating a general satisfacto ...

(7 pages) 16 0 5.0 Jan/2009

Subjects: Law & Government Essays > Law

Law Coursework Case Study of Benitez Computers LTD

nter into that contract as in the case of Carlill and CarbolicSmoke Ball Company. In this case, the court of appeal decided that MrsCarlill performed the condition in the offer and therefore the compa ... t acceptance by post isvalid from the time of posting as in the case of Adams and Lindsell wherethe court decided that the offer had been accepted as soon as the letter ofacceptance had been posted. A ...

(3 pages) 686 0 3.0 Mar/2009

Subjects: Law & Government Essays > Law > Cases

Disparate Impact and Disparate Treatment Case Study

der applicants with the weight limit in certain positions. This claim was sent to the United States Court of Appeal. According to the rest of the article, United Airlines ("United") had maximum weight ... and utilized another set of standards once a flight attendant was hired. (Abrams, 1996)Although the court recognized that disparate impact claims are cognizable under Title VII, and that the ADEA and ...

(3 pages) 24 0 0.0 Apr/2009

Subjects: Law & Government Essays

Final Project Case Portfolio

Basic BusinessCaseCounty of Santa Clara, et al, v. Atlantic Richfield Company, et al., In the court of Appeal of the State of California Sixth Appellate District, Superior Court.FactsA group of ... 4th at p. 210, italics added.)AnalysisIn the first complaint, the defendant's demurred in which the court sustained. The plaintiff's filed an amended complaint in which the court denied leave of actio ...

(20 pages) 50 0 0.0 May/2009

Subjects: Businesss Research Papers