Law Enforcement Career

Law Enforcement Career Law implementation is a difficult vocation decision that will have a beneficial outcome to society. Law implementation is an open help provided to the network by the city, state and governments (Funk Wagnalls New Encyclopedia, 1986). Law requirement officials are the cutting edge of insurance for people in general inside the entirety of our networks. They secure us twenty four hours per day, regularly in each feature of our lives. Law implementation is there to guard us in our movements just as where we work and live. This is an intense calling and on occasion hazardous however is a field that is totally basic so as to guard society. This vocation isn't for everybody. An effective law requirement official must want to serve the general population. Very few people would pick a vocation that has as one of its necessities running towards risk. This conflicts with all human intuition. Endeavoring to improve the world a spot is exceptionally fulfilling and honorable crucial. The individua ls who choose such a profession for the correct explanation of needing to serve their locale are exceptionally uncommon people. They put their own wellbeing at risk for us all. There appears to be little uncertainty that law authorization is a noble vocation that ought to have the regard of everybody. For the individuals who have future yearnings in this field, it takes training, difficult work, fearlessness and assurance to have the option to acquire this extremely remunerating profession decision. A cop can have a genuine effect in people groups lives. What number of vocations can offer that expression? All social orders need law requirement. Law implementation has existed in the United States since the start of European migration. J. Edgar Hoover acclaimed organizer of the Federal Bureau of Investigation once said equity is accidental to peace. This remark gets to the base of why we have laws and the need to implement them. Equity will be served when people rights and opportunities are secured. Law requirement implies guaranteeing submission to laws (Websters New Edition Dictionary, 1997). American homesteaders carried with them the structure of the workplace of constable from the European framework when they moved in the 1700 and 1800s. The main neighborhood present day police division set up in the United States was the Boston Police Department in 1838, trailed by the New York City Police Department in 1845 (Stinchcomb, 2003). As individuals moved to the United States and individuals moved westbound towns and urban communities were assembled. The requirement for assurance of the individual was vital. In time law requirement was introduced in these new regions for without it there would be no cultivated society. Law requirement is a key part of criminal equity framework and is fundamental for a protected society. A profession in law requirement is something that numerous individuals seek after, anyway not all are appropriate for the vocation. My yearning is to make my locale safe from wrongdoing and society a superior spot to live. This has consistently been my fantasy. My fatherly granddad was a New York City cop for about 30 years. My regard for him and other people who carry on this troublesome however really significant work has motivated me. There are essential necessities that must be met so as to seek after an expert law requirement vocation. The initial step an individual takes towards turning into a New York City cop is to take a composed common help assessment. The Department of Citywide Administrative Services (DCAS) directs these tests. DCAS is answerable for the real organization of the test just as the aggregation of the rundown of names of people who breeze through the test. DCAS then gives the New York City Police Department with the rundown of competitors. The Applicant Processing Division at that point starts the choice procedure. The New York City Police Department requires consummation of 60 credits of school work with a 2.0 evaluation point normal. Two years of military assistance can be fill in for the instructive necessity. Required is a clinical assessment just as a character individual verification (New York City Police office, 2011). When these measures have been met an individual can be considered f or arrangement. To the extent the remainder of the nation and different locales, the instructive necessity for a cop changes state to state. Some require a higher education while others simply secondary school (US Department of Labor, 2010-11 ed.). Effective officials require better than expected insight and great physical molding. They ought to have great relational aptitudes and solid ability to learn. The police division will completely examine the foundation of all up-and-comers before arrangement to the police institute. Basic to the activity is sound character. A candidate is excluded for an earlier conviction of a wrongdoing. Past work experience will permit specialists the opportunity to acquire a positive reference which will improve the odds of arrangement to the police power. What would one be able to expect upon arrangement to the New York City Police Department? The initial five years on the office, an individual is assigned as patrolman. Working conditions differ reliant on task. Upon graduation from the police institute the freshman official is doled out to a preparation official (Warners, 2011). The new official was prepared in typical examples while at the institute. The preparation official is there to teach the new official to the everyday work. This will help support the new officials experience by utilizing the information on a veteran official while likewise constructing the new kids on the block certainty. A few assignments might be more troublesome than others as wrongdoing shifts in various pieces of a city. The work week is 40 hours. The hours of the day worked will shift as there clearly should be 24 hour inclusion. Movements can be 8am to 4pm, 4pm to 12am and 12am to 8am. There might be some variety reliant on a particular task. NY City P olice officials get 28 took care of days a year and boundless ailment time. Clinical inclusion is a piece of their pay. Right now an official can resign following 20 years of administration with half compensation which is excluded from both New York City and New York State charges. On the off chance that an official is for all time harmed hands on they will get 75% compensation excluded from all assessments including government charges. Police and Sheriffs watch officials had a medium yearly wages of $51,410 in May 2008. Police and analyst administrators medium salary was $75,490 in May 2008 (US Department of Labor, 2010-11 ed) New York City police office pay rates start at $41,000 and will increment up to $60,000 inside the initial five years (New York City Police Department, 2011). Enthusiastic pressure is an extraordinary issue. For the patrolman working the road no two days might be indistinguishable. Cops experience physical worry with working movement fill in just as confronti ng physical peril. This pressure impacts the official, yet additionally influences their family. Many wedded officials get separated. Dealing with the pressure of occupation and family pressure is critical to the officials mental prosperity. Extreme pressure has been appeared to antagonistically influence an officials wellbeing, From an administration see this will prompt non-attendance which thusly prompts diminished efficiency. (Tang and Hammontree, (1992). Basic to the individual contender for a law requirement position is the capacity to alleviate pressure by means of the police division directing projects just as through outside interests. Additionally the competitor must comprehend their own self as to tension and how they manage it. There is an expansive scope of ethnic assorted variety on the New York City Police power. Also there is expansive assorted variety in the network. Officials are continually being assessed by their management. The whole office is continually being checked by the regular citizen survey board too all the media that spreads police action every day. Similarly as with any vocation decision there are the two points of interest and weaknesses with a law authorization profession. The benefit of the New York City Police Department is the capacity to take and pass composed assessments as far as possible up to the commanders assignment. The onus is on the person to be persuaded to plan and pass these composed assessments. A weakness is being exposed to New York City monetary limitations which will affect pay scales alongside different advantages. This is alleviated by the aggregate bartering by the police association which by and large has the cops eventual benefits as a primary concern. There is a strong work future as the city will consistently require law implementation. Perfect profession way is cop for a long time, at that point take the sergeants test. A sergeant must hold up 3 years before testing for lieutenant and afterward 2 years earlier chiefs test. There are numerous claims to fame inside the police office. There is the K- 9 unit, criminologist, opiates, scuba, aeronautics, marine, mounted pony division and different others. One quite compelling is legal sciences or the use of logical examination in procedure of criminal examination (Websters New Edition Dictionary, 1997). The commander is the most noteworthy tried situation before political arrangements to investigator. Steady preparing and study in the entirety of the police division rules and guidelines just as in human conduct is the best way to progression. As recently examined physical and mental pressure can wear out the person. Generally speaking open doors in nearby police divisions will be ideal for people who meet the mental, individual, and physical capabilities. Notwithstanding openings from business development, numerous openings will be made by the need to supplant laborers who resign and the individuals who leave nearby organizations for Federal employments and private-part security occupations. Employments in nearby police divisions t hat offer moderately low pay rates, or those in urban networks in which the crime percentage is generally high, might be the simplest to get. Some littler offices may have less opportunit

Effects of food on the brain

Impacts of food on the mind Conceptual All through the world, it is a typical information on the centrality of a sound eating regimen. In addition to the fact that it effects self-perception and physical wellbeing, yet psychological wellness too. Supplements, for example, omega-3 unsaturated fats, docosahexaenoic corrosive, and choline increment synaptic pliancy. So as to show that solid nourishments are better for the psyche, this investigation gathered subjective information on mind work in the wake of accepting sound food and undesirable food. The motivation behind this investigation was to discover do sound nourishments increment cerebrum movement? It is guessed that if mice are given solid and unfortunate suppers, and trained to run a labyrinth, the mice given the sound dinners will finish the labyrinth at a quicker rate. The invalid theory is that there will be no distinction between mice given sound and unfortunate suppers. This, thusly, advances the formation of new films, which permit new recollections to be fram ed. When playing out this examination, mice were told to run a labyrinth and the hours of consummation were recorded. Contingent upon the gathering they were set in, they were given either a solid or undesirable dinner educated to run the labyrinth again. Once more, the hours of fruition were recorded. Subsequent to finishing the investigation, information assortment indicated that the mice in the gathering accepting solid food had a more prominent change in time from the race without food to the race with food. To protect that there were no out of line focal points, healthy benefits, for example, sugars and proteins. Research Problem Nourishments high in omega-3, for example, pecans, kiwi, and salmon, bolster the flexibility of the neural connections inside the cerebrum (Good eating routine, 2008). Nervous system specialist Fernando Gã ³mez-Pinilla demonstrated that a solid eating regimen couldn't just increment mental capacity, however secure against maturing and harm to the cerebrum (Wolpert, 2008). Writing Review Omega-3 Studies show that omega-3 unsaturated fats are critical to cerebrum wellbeing (Wolpert, 2008). Brain science Professor Gã ³mez-Pinilla found that nourishments wealthy in omega-3, for example, flaxseed, pecans, kiwi, and salmon, guide in the creation of the synapse films that nerve signals go through. As people learn and make new recollections, new films must be created so as to hold that data. Pinilla, a teacher of neurosurgery and physiological science, inquired about the possibility that there are outside components that influence cerebrum movement. His examination offers route to the inquiry, Do sound nourishments increment mind movement? Past specialists indicated that elements, for example, diet, exercise, and rest examples can observably obstruct the capacity of the brain (Wolpert, 2008). To help this hypothesis, around 200 understudies were utilized as guineas pigs in an exploration study. Taking everything into account, scientists expressed, Several gut hormones that can ent er the mind, or that are delivered in the cerebrum itself, impact intellectual capacity (Gã ³mez-Pinilla, 2008). Specialists point by point how nourishments, for example, salmon contain supplements valuable to the cerebrum. One of the supplements found in salmon is omega-3. Omega-3 unsaturated fats bolster synaptic pliancy and appear to decidedly influence the statement of a few atoms identified with learning and memory that are found on neural connections, Gã ³mez-Pinilla said. Omega-3 unsaturated fats are fundamental for typical mind work. Gã ³mez-Pinilla directed an examination in Indonesia and Australia in which he gave a savor high supplements to youngsters. In the wake of accepting the beverage, the kids were given execution tests concentrated on verbal abilities and memory. The childrens test scores improved extraordinarily subsequent to expending the beverage (Wolpert, 2008). Another investigation, performed by Oxford University understudies, analyzed two gatherings of un derstudies on math and spelling tests. One gathering of understudies got omega-3 and the other gathering got a fake treatment (Henry, 2002). The understudies accepting the fake treatment had radically lower test scores. Docosahexaenoic corrosive Docosahexaenoic corrosive, DHA, is another supplement gainful to the to the psyche. Docosahexaenoic corrosive is appeared to decrease oxidative pressure and advance synaptic pliancy by forestalling the foundation of free radicals. Thusly, learning and memory are additionally upgraded. Oxidative pressure can make harm cell proteins, lipids and nucleic acids. Berries have been seen to check oxidative pressure and have been appeared to improve coordination and memory too (Henry, 2005). Synaptic Plasticity Synaptic versatility is the term utilized for the capacity for change during neurotransmitters. This implies the response of the neural connections to the arrival of synapses isn't steady. The response can be more grounded or more fragile and the hour of the response may change. The quality of the response gets more prominent or more vulnerable because of the response of receptors to their upgrades. As the period of time the receptor to upgrades response happens or the measure of receptors present changes the synaptic quality vacillates. The expansion of synaptic quality that keeps going is alluded to as long haul potentiation. Long haul potentiation is known to assume a job in neuron correspondence, which thusly assumes a job in the formation of new recollections. Inverse long haul potentiation is long haul sadness. Long haul gloom is the expression used to depict an enduring shortcoming in synaptic quality. Low recurrence upgrades make long haul wretchedness, while long haul potent iation is brought about by high recurrence improvements. To learn new things and make new recollections the neurons inside the mind must convey in various manners. This likewise is synaptic pliancy. Neurons in the perirhinial cortex react to things we see and afterward tell the cerebrum on the off chance that it is different to us or in the event that we have seen it previously. The more noteworthy the reaction of the neurons, the less we perceive whatever we are seeing. As we keep on observing that object, the neuron reaction diminishes. This is the manner by which recollections are prepared. Omega-3 and Synaptic Plasticity Omega-3 unsaturated fat can go about as an inhibitor for the movement of protein kinase C in cells. The in vitro exercises of protein kinase C was hindered by omega-3 just as the mitogen-initiated protein kinase. This infers the twofold bond in omega-3 is neccesary for quality hindrances. Omega-3 could forestall serotonin receptor-initiated mitogen-actuated protein kinase enactment in hippocampal cut arrangements. In hippocampal long haul potentiation, omega-3 appeared to hindered its power, without restraining basal synaptic transmission. Fats and Calories Many accept that all fats are awful, and ought to be dodged. Research expressed that huge numbers of the nourishments with an awful notoriety really can be useful when eaten effectively. Marano shows that supplements in various structures can cause various outcomes in the body. The correct food can upgrade mental abilities help you concentrate, tune sensorimotor aptitudes, keep you inspired, amplify memory, speed response times, defuse pressure, maybe even forestall mind maturing, (Marano, 2007). Fats have been appeared to profit the psyche, yet can be unfavorable to it too. Omega-3 unsaturated fats make up the synapses that the nerve signals must go through. The human eating regimen must be wealthy in omega-3 to keep on delivering cell layers. Numerous dietitians and nutritionists advance the utilization of oils such corn, safflower and sunflower. These are better for the heart, however not very great for the brain. Rather than being wealthy in omega-3, they are wealthy in omega-6. Canola oils and pecan oils are better for the mind use. Choline has been appeared to build memory and response time. Sugar is known to keep the psyche sharp, however the perfect sum is yet to be found. Starches are known to calm the psyche (Marano, 2007). An excess of calories balance omega-3 by diminishing the adaptability of neurotransmitters. Trans fats and soaked fats have been concentrated to have a comparable effect. Managing calorie utilization can help the cerebrum by blocking potential harm to imperative cells, proteins, and synthetics (Wolpert, 2008). Weight In an examination, measurements were determined concerning the connection among weight and cerebrum work (Volkow, Wang, Telang, Fowler, Goldstein, Alia-Klein, Logan, Wong, Thanos, Ma, Pradhan, 2008). Mind digestion during psychological incitement was estimated to decide if weight record (BMI) influenced cerebrum glucose use during intellectual execution. Verbal memory was tried too. Twenty understudies took an interest in the investigation. They estimated the relationship among BMI and provincial mind glucose digestion in solid people at pattern and during subjective incitement. Pattern local mind metabolic measures have been demonstrated to be a delicate pointer of cerebrum work/brokenness that is related with neurocognitive execution. These outcomes identify with my exploration in that it subtleties how food consumption identifies with mind work. In stoutness, both preclinical and clinical investigations have recorded weaknesses in cerebrum DHA movement. Perceptions in large subjec ts have revealed a converse connection among BMI and D2 receptors (Haltia,m Viljanen, Parkkola, Kemppainen, Rinne, Nuutila, Kaasinen, 2007). They found that BMI isn't what is negative for prefrontal movement, yet that diminished prefrontal action and decreased official capacity may expand the hazard to indulge. The prefrontal cortex is associated with managing motivation control, self-checking, and objective coordinated practices. Reason So as to show that solid nourishments are better for the psyche, this examination gathered subjective information on cerebrum work in the wake of accepting sound food and undesirable food. The reason for this investigation was to discover do solid nourishments increment mind action? It is conjectured that if mice are given sound and undesirable dinners, and trained to run a labyrinth, the mice given the solid suppers will finish the labyrinth at a quicker rate. The invalid theory is that there will be no distinction between mice given sound and unfortunate dinners. Strategy So as to show that solid fo

How to Stay Safe in College

How to Stay Safe in College How to Stay Safe in College Home›Education Posts›How to Stay Safe in College Education PostsThough college is the most advantageous and exciting time, it is fraught with danger. While you are in college, you should be very attentive and careful in order not to get into a dangerous situation. For this very reason, qualitycustomessays.com offers useful tips to ensure students’ safety in college:• Always check if you locked the room door. Your door should be locked so that strangers cannot enter your room.• Don’t let anyone you don’t know in your dorm. Be very attentive to people who ask you to let them in the dorm. You may let someone in if you recognize their faces since within 1-2 months most students remember their neighbors.• Take care of your keys. If you lost your keys, you should immediately inform your roommate and change door lock.• Don’t forget to lock the windows. You should pay attention not only to locking the door but windows as well.• Record the em ergency numbers in your cell phone. Put important emergency numbers in your phone so that you can make a call in case something is going wrong.• Never go somewhere alone at night. Night time is the most dangerous, therefore, make sure that there is always someone else with you.• Inform others about your location. Let your roommate or friend know where you are and with whom, this will ensure your safety.• Learn the phone number of campus security. You can never guess in what situation you will need the campus security.• Don’t drink too much alcohol. When you are drunk, you cannot control yourself and that is why you become an easy target.• Keep track of drinks. Whenever you are at party, keep an eye on your drink since today many rapes take place because of Rohypnol which can be added to the beverage and leads to difficulty with motor function, disorientation, and sleepiness.Remember that sticking to these tips will help you to stay safe in college!

The State Of Nature By Thomas Hobbes - 3347 Words

â€Å"During the time men live without a common power to keep them all in awe, they are in that condition which is called war; and such a war as is of every man against every man.†1 Here Thomas Hobbes portrays the state of nature; in which life is solitary, poor, nasty, brutish, and short.2 He then proposes a social contract where people of the state enter into a commonwealth governed by an absolute power. Through this social contract, the people give up their right to â€Å"everything† to the sovereign in exchange for security, thereby, giving the sovereign absolute authority over the entire commonwealth. However, Hobbes’s theory presents an exception to this â€Å"unlimited power.† He states that Leviathan, the sovereign, does no wrong unless he violates a subject’s right to self-preservation.3 In other words, a subject of the sovereign is not obligated to obey that sovereign if that sovereign threatens the life or person of the subject. But isnâ €™t this retained right of self-defense incompatible with the absolute sovereignty that Hobbes claims for the commonwealth? Susanne Sreedhar argues that with the help of varying interpretations of Hobbes’s theory, in addition to the Razian model, she can find a solution to this puzzle. By treating the sovereign’s commands as â€Å"exclusionary reasons,†4 Sreedhar maintains that instances of disobedience can be justified in cases where subjects have nonexcludable first-order reasons for an action.5 However, her Razian model is in some measure tooShow MoreRelatedThomas Hobbes And The State Of Nature1387 Words   |  6 Pagesthe book, Thomas Hobbes describes the state of nature in which men, driven by appetites and aversions, are constantly in a state of competition and conflict with one another. Because there are limited resources like food and shelter and people have a desire for the same end, there is no peace or unity in society. Every man must fend for hi mself in this individualistic, power struggle. The combination of finite resources, mistrust of other men, and equality of power in the state of nature, an unendingRead MoreThe State Of Nature By Thomas Hobbes2160 Words   |  9 PagesMichael Swain Paper 2 PS 171 (1) The state of nature as Thomas Hobbes claims is violent, dangerous and solitary. In a state of nature mankind is subjected to constant fear of death and it essentially runs every aspect of mans life. Yet a human is a rational being and there is a drive to get rid of this fear, one of the rights that Hobbes brings up is the right of self preservation and the fact that a man must not bring harm to himself. Hobbes discusses how natural rights are different than naturalRead MoreThomas Hobbes And The State Of Nature1727 Words   |  7 Pagesphilosophers the notion of the State of Nature, a concept used to describe the hypothetical conditions of human life before the development of societies, is important in determining political societies, or the governmental structures that composed these. However, many philosophers have different notions of the State of Nature. In this essay I am going to use the writings of Thomas Hobbes, John Locke and Jean-Jacque Rousseau to explain how their not ions of the State of Nature shape the way they envisionRead MoreThe State of Nature: Thomas Hobbes of Malmesbury1691 Words   |  7 PagesIn this essay, I will present three reasons as to why the absolute authority of the sovereign in Hobbes’s state of nature and social contract is justified. The three reasons Hobbes uses are: the argument from contract, the argument from authorisation and the argument from weakness of mixed or divided sovereignty. Firstly, I shall explain Hobbes’s understanding of human nature and the natural condition of humanity which causes the emergence of the social contract. I shall then analyse each argumentRead MoreJohn Thomas Hobbes And The State Of Nature1162 Words   |  5 PagesOpposite to Augustine, Thomas Hobbes believes that the laws set what is wrong and without laws there would be no right or wrong. In Hobbes book Leviathan, argues government is an artificial part of life. Without government, we would be in the â€Å"state of natu re†. In the state of nature, we are in a condition of war. Hobbes argues that in the condition of war â€Å"every man against every man, this also is consequent; that nothing can be unjust. The notions of right and wrong, justice and injustice, haveRead MoreThomas Hobbes State of Nature Essay1152 Words   |  5 Pagesbeginning, there was a darker side to the preservation of life. Man lived a life of kill or be killed, without any regard for other than his own. Life was solitary, poor, brutish and short. This barbaric and primitive state is what Thomas Hobbes believed to be the State of Nature. Practical reason dictates that when threatened you either act, give up your property, or anticipate for a sign of weakness to act. This means that all have a right to everything so long as it can be attained. People cannotRead MoreState of Nature and Freedom: Leviathan by Thomas Hobbes1424 Words   |  6 PagesState of Nature and Freedom In the Leviathan, Thomas Hobbes places limits on the freedom of individuals in the social contract, as well as individuals in the state of nature. Hobbes writes that in the state nature, â€Å"the liberty each man hath to use his own power as he will himself for the preservation of his own nature; doing anything which, in his own judgement and reason, he shall conceive to be the aptest means there unto† (ch. 14,  ¶1). An individual’s will is only free when there is no extraneousRead MoreThomas Hobbes State of Nature in Leviathan Essay847 Words   |  4 PagesAccording to the view Thomas Hobbes presents within the selected passaged in the Leviathan, we live in a narcissistic society where man’s condition is primarily driven by ego and where the achievement of personal goals is deemed paramount. Within the State of Nature that is, outside of civil society we have a right to all things ‘even to one another’s body’, and there would be no agree d authority to ensure the moral grounds of our decisions. Therefore since there are no restrictions and no sharedRead MoreThomas Hobbes State of Nature in Leviathan Essay1433 Words   |  6 Pagestheories that grew from them. However, in Thomas Hobbes Leviathan we see a departure from this inequality. The argument of people being equal and the state of man that he develops from that belief are central not only to his own theory but to the world of political science today. It is his examination of people being equal, followed by the state of nature and war, and finally his look at various laws of nature that lead a natural path to his political solution. Hobbes assertion that all people are equalRead MoreThe State Of Nature By Thomas Hobbes And Jean Jacques Rousseau1800 Words   |  8 Pagesquestion whether war is a product of Man s nature or an outcome of nurture has been a source of intellectual debate. In the seventeenth and the eighteenth centuries each of the political philosophers, Thomas Hobbes and Jean-Jacques Rousseau took different stances regarding this issue in their deduction of the state of nature; a concept describing people s lives before the existence of civilized societies and laws. Thomas Hobbes imagines a state of nature where each person is naturally fully free

Questions On Business Continuity Plan - 1534 Words

1.1 Business Continuity Plan 1.1.1 Introduction EPCOR must be able to execute business recovery procedures in response to events that destroy or interrupt critical business functions / processes / services. This section governs the implementation of business continuity actions in the event of a disaster that results in the loss of the facility (and hence, any lesser disruption) or significant loss of personnel (e.g. Pandemic), and the corresponding interruption to normal business functions. For the purposes of this document, this destruction or interruption shall be referred to as a ‘disaster’, and business functions / processes / services will be referred to as ‘business functions’. 1.1.2 Purpose The goal of a Business Continuity Plan†¦show more content†¦It outlines assessment, communication, escalation, declaration, mobilization, and business continuity procedures / requirements to invoke various recovery strategies. To the extent possible, existing processes and procedures will be referenced within the BCP document and not reproduced in the BCP. Each EPCOR site performs a series of business functions, each with an associated Recovery Time Objective (RTO). RTO is the length of time that the business function can be unavailable before it begins to seriously impact EPCOR. The strategy of the overall corporate business continuity program is to ensure RTOs of critical business functions are met. The strategies required for each critical business function vary with the RTO and with the essential technical and personnel requirements for each business function. 1.1.3 Objectives The overall objective of the Business Continuity Program is to minimize the impact of an extended outage on the business through development, maintenance, and exercising of BCPs which have the following objectives: †¢ Minimize the impact upon the safety, security and well-being of personnel; †¢ Protect against the loss or damage of organizational assets; †¢ Provide for immediate, accurate and measured response to emergency situations; †¢ Ensure smooth, effective transition from normal to backup operations; and †¢ Ensure expeditious restoration of primary site

Tutorial Questions at Australian School of Business Taxation Free Essays

string(263) " important to note any factual differences from previous cases and to state whether or not you consider that the O Apply the relevant statutory provisions and case law principles to the facts This is probably the key aspect of answering a legal problem question\." Australian School of Business Taxation and Business Law LEGT 1710 Tutorial Program LEGT 1710 BUSINESS AND THE LAW TUTORIAL PROGRAM SEMESTER 1, 2013  © 2013 The University of New South Wales Sydney 2052 Australia The original material prepared for this guide is copyright. Apart from fair dealing for the purpos es of private study, research, criticism or review, as permitted under the Copyright Act, no part may be reproduced by any process without written permission. Enquiries should be addressed to the Head of School, Taxation and Business Law, UNSW, Sydney TUTORIAL PROGRAM FOR LEGT 1710 BUSINESS AND THE LAW Week 1 11 March Introduction: The Role of Law in Business Statutory Interpretation Legal Reasoning Introduction to Contract Law †¢ †¢ †¢ †¢ †¢ †¢ Week starting Lecture topics Topic information NO TUTORIALS What is law? / Sources of law The Australian Constitution and the separation of powers The Parliament, the Executive and the Judiciary Statutory interpretation Judicial decision making Legal problem solving and conducting legal research Readings Latimer Ch 1 2 Latimer Ch 1 3 18 March 4 5 March †¢ Nature and role of contract law †¢ Requirements for a valid contract ASSIGNMENT 1 DUE WEEK 4 (Hand in to tutor in tutorials) MID-SEMESTER BREAK (1 to 7 April 2013) †¢ Terms of a contract †¢ Conditions and Warranties Exclusion clauses †¢ Vitiating elements: mistake, misrepresentation, illegality, inequality Breach of contract/termination of contract Remedies for breach of contract Gen eral principles Negligence and duty of care Statutory modification through the Civil Liability Act 2002 (NSW) Latimer Ch 5  ¶5-010- ¶5-485 5 8 April Contract Law (cont’d) Contract Law (cont’d) Contract Law (cont’d) Introduction to Tort Law Tort Law (cont’d): Professional Negligence and Economic Loss Latimer Ch 6  ¶6-010- ¶6-250 6 7 15 April 22 April Latimer Ch 5  ¶5-620- ¶5-835;  ¶5-510 to  ¶5-570;  ¶6-260- ¶6-275 and Ch 11 Latimer Ch 6  ¶6-280- ¶6-510 Latimer Ch 4  ¶4-010- ¶4-120 †¢ †¢ †¢ †¢ †¢ 8 29 April 9 6 May †¢ Standard of care for professionals †¢ Recovery for economic loss MAJOR ASSIGNMENT DUE Submit Online via Turnitin on Monday 6 May by 5pm †¢ What is property? Ownership of land Intellectual property †¢ †¢ Latimer Ch 4  ¶4-121- ¶4-291 Latimer Ch 3 10 13 May Property Law 11 20 May Competition/ Restrictive Trade Practices Law Applying competitive strategies to business: †¢ Part IV of the Competition and Consumer Act 2010 (Cth) †¢ Authorising anti-competitive activity †¢ Enforcement powers of the ACCC †¢ Remedies and defences available under the Competition and Consumer Act 2010 (Cth) †¢ †¢ †¢ Misleading or deceptive conduct Unconscionable conduct Misrepresentations under the Australian Consumer Law (Sch 2, Competition and Consumer Act 2010 (Cth)) Business structures Risk Management Compliance Due Diligence Latimer Ch 8 and see also www. We will write a custom essay sample on Tutorial Questions at Australian School of Business Taxation or any similar topic only for you Order Now accc. gov. au 12 27 May Consumer Protection Law Latimer Ch 7 and see also www. accc. gov. au (a) 13 3 June (b) Business Structures Risk, compliance and due diligence †¢ †¢ †¢ †¢ Latimer Ch 9 Supplementary materials S2-2012 LEGT1710 Tutorial Program Page 2 TUTORIAL CONSULTATIONS Students should note that tutors will hold face-to-face tutorial consultations in the following weeks: Week 3 commencing 18 March Week 7 commencing 22 April Week 8 commencing 29 April Week 12 commencing 27 May Week 13 commencing 3 June Tutors will let their students know the time and location of their tutorial consultations in the week prior to a tutorial consultation week. Students will also be provided with their tutor’s email address so that if a student has any tutorial-related queries outside of the above weeks, they should contact their tutor with their query by email. Short and straight-forward queries will be responded to by email. A tutor may suggest a student attend at one of the above consultation times if a query requires a detailed response/explanation. However, as far as possible, students should raise all queries with their tutor during their tutorial class. S2-2012 LEGT1710 Tutorial Program Page 3 ANSWERING TUTORIAL AND EXAM PROBLEM QUESTIONS The problem questions that you are asked to prepare answers to in tutorials are similar in format to the problems that you will be given for Assignment 2 and in the final exam. It is therefore important that you attempt the tutorial questions so that you have sufficient practice in answering legal problems to do well in Assignment 2 and in the final exam. The course is designed to give students skills in recognising the interaction of a range of commercial laws and how they impact on business activity. Merely addressing a single issue in your answer is unlikely to be sufficient and will attract a poor mark. The commercial world rarely presents problems that only raise one issue. How to answer exam and tutorial questions When answering exam and tutorial questions you should: 1. READ THE QUESTION CAREFULLY 2. Be sure you understand what is asked. . Then: O Identify relevant facts of the problem Unlike judges, when you answer a problem or case study you do not need to summarise the facts of a problem. What you should do is identify the key facts that are relevant to the issues in the problem you are considering. O Identify key, relevant statutory provisions and case law principles This involves asking: (a) does a statutory provision apply to this situation and does it provide a specific answer to the problem? AND (b) are there any cases which have dealt with a similar fact situation to the one you are considering? You should provide the name/section of any relevant legislation and the names of any relevant cases in your answer. O Note similarities to (follow) or differences from (distinguish) prior cases When reading a problem it is a good idea to jot down the names of cases that you have studied, where the facts were similar, if not identical to the ones in the problem you are considering. Often the facts of a problem may be similar to but a little different to those in a decided case. Think about whether any factual differences matter. Whether or not any differences matter will depend on the scope of the legal S2-2012 LEGT1710 Tutorial Program Page 4 principle that the relevant case stands for. differences matter to your problem. It is important to note any factual differences from previous cases and to state whether or not you consider that the O Apply the relevant statutory provisions and case law principles to the facts This is probably the key aspect of answering a legal problem question. After identifying the relevant facts, and referring to the relevant statutory provisions and case law, you then have to apply the relevant statutory and/or case law principles to the facts of your problem. This important step comes after you have identified the key facts and the key legal principles from relevant statutes/case law and noted their interpretation, and before you draw a conclusion. This step involves saying what the legal principles you have identified mean to the facts of your problem and what the effect of these legal principles will be on the rights and obligations of the parties in your problem. This is the key part of the process of reasoning that leads to a conclusion both in a legal problem question and in an actual court case. O Reach a conclusion based on the application of the statutory provisions and case law principles to the facts In your answers you will generally need to reach a definite conclusion. More important than the conclusion you reach however, is the process of reasoning that led you to that conclusion. The fact that a subsequent court can overrule the decision of a previous court demonstrates that there is no absolutely correct answer to legal problem questions. You will receive more marks for your process of reasoning than you w for ill getting what is considered at the time to be the ‘correct’ answer. Remember: in your discussion/answer, you must include references to relevant statutory provisions (legislation name and, where possible, section numbers) and case names. . What NOT to do: When answering questions, either for a tutorial or for the assignment or in an exam, DO NOT: †¢ †¢ †¢ restate the facts of a question; copy your notes, the text etc without explaining their relevance; make emotional statements; S2-2012 LEGT1710 Tutorial Program Page 5 †¢ †¢ †¢ †¢ provide non-legal material (instead make sure you include t he â€Å"relevant† law); address issues that are not raised in the question asked; provide a conclusion which is not supported by legal argument; forget to provide references where required (in other words, do not plagiarize) . Review Your Answers Once you have written your answer, you should review it carefully. Appropriate expression, tone and formatting are important to legal writing. Use plain English and not slang or text language. Prior to printing out your assignment for the last time, read it carefully, and then read it out aloud to ensure it flows and makes sense. A proper review includes careful checking of the: †¢ †¢ †¢ †¢ spelling, grammar formatting; argument flow; bibliography; and footnotes. S2-2012 LEGT1710 Tutorial Program Page 6 NOTE: THERE ARE NO TUTORIALS IN WEEK 1 Week 2 11 March Introduction: The Role of Law in Business (Lecture 1) Key learning outcomes from Lecture 1: †¢ †¢ †¢ †¢ †¢ †¢ †¢ The legal effect of English settlement in 1788 How laws are classified The different meanings of the terms â€Å"common law† and â€Å"civil law† What happens if there is a conflict between common law and statute law What is a ‘federal† system of government and how this operates in Australia The doctrine of â€Å"separation of powers† and division of power under the Commonwealth Constitution How a law is made through the Australian Parliament Tutorial Questions 1. Australia was originally governed from London. Can the British Parliament still pass laws that apply to Australia? 2. Briefly explain the distinction between â€Å"enacted† and â€Å"unenacted† law. 3. What does the term â€Å"common law† mean? 4. If there is a conflict between common law and statute law which law prevails? 5. Explain the doctrine of separation of powers. 6. What are the key steps involved in making a law? S2-2012 LEGT1710 Tutorial Program Page 7 Week 3 18 March (Tutor Consultation Week) Legal Reasoning and Statutory Interpretation (Lecture 2) Key learning outcomes from Lecture 2: †¢ †¢ †¢ †¢ †¢ †¢ The court system in Australia and what an appellate court is Ways of resolving disputes outside of the court system (ie alternate dispute resolution) What the doctrine of precedent is How courts interpret laws or statutes How to solve legal problems An introduction to legal research Assignment 1 Assignment 1 is based on the weeks 1 and 2 lectures. There are 2 questions: Question 1 worth 10 marks and Question 2 worth 5 marks (total 15 marks). Students will need to do some research (using the textbook, lecture notes or other books or materials you might wish to refer to) to find the answers to these questions. Word limit: maximum of 1000 words. The aim of this assignment is to assess students on the materials covered in topics 1 and 2, to get students to use the textbook and lecture notes and to provide students with the opportunity of practising their writing skills. STUDENTS ARE NOT REQUIRED TO PROVIDE REFERENCES OR A BIBLIOGRAPGY FOR THIS ASSIGNMENT. Assignment 1 is due in week 4 (to be handed to your tutor in your tutorial). Tutorial Problem Questions Problem 1: Statutory interpretation You are trying to work out if ‘scissors’ are a ‘weapon’ with the meaning of the Weapons Act 1990 (Qld). That Act states: ‘Weapon means: (a) a firearm; or (b) another thing prescribed under regulation. ’ Scissors are not a firearm. You check the regulations and find that scissors are not listed. S2-2012 LEGT1710 Tutorial Program Page 8 However, the principles and object section deals with ensuring public and individual safety through restricting possession of weapons and requiring safe and secure storage of weapons to prevent their misuse. How can you be sure that scissors will not be considered as a ‘weapon’ within the meaning of the legislation? Problem 2: Parts of a case and how to read a case The case: FISCHER v STUART – (1979) 25 ALR 336 SUPREME COURT OF THE NORTHERN TERRITORY Forster CJ 25, 26 June 1979, 25 July 1979 Darwin Animals — Liability for — Ferae naturae — Dingo — Canis familiaris dingo — Whether ferae naturae or mansuetae naturae — Onus of proof — Damages for personal injury The plaintiff was attacked and injured by a young dingo bitch kept by the defendant. The animal had escaped from the collar and chain securing it and had attacked the plaintiff on open land near the defendant’s premises, which were unfenced. The dingo, canis familiaris dingo, is a sub-species of the species dog, canis familiaris. Held: (i) the onus of proving that wild animals of a particular class are not dangerous to man rests upon the party asserting that they are not. (ii) The evidence established that dingo is an animal ferae naturae. (iii) The plaintiff would be awarded $5000 general damages and $110. 4 special damages. Action: This was an action for damages for personal injury suffered by the plaintiff when she was attacked by a dingo kept by the defendant. The facts and nature of the proceedings appear sufficiently from the judgment of Forster CJ. J B Waters, for the plaintiff. J Harrison, for the defendant. Forster CJ. The plaintiff, then a child aged four years, was attacked and to some extent savaged by a young dingo bitch, towards which the defenda nt acted in all respects as an owner. The dog had escaped from the chain and collar which secured it under the defendant’s unfenced house and the attack took place on some open land referred to as an easement near to the defendant’s house where the plaintiff was playing. The dingo had come into the possession of the defendant when it was four to six weeks old, its mother having been killed and the puppy having been found in the bush. The dingo was kept by the plaintiff in and about an ordinary suburban house in Sanderson, a suburb of Darwin, which house, as I have said, was unfenced. The house where the plaintiff lived was nearby†¦. The plaintiff sues by her mother as next friend for damages in respect of the injuries suffered by her in the attack by the dingo and the other consequences of the attack. The claim is put upon a number of alternate bases. First, on the basis of simple negligence. Secondly, on the basis that a dingo is an animal ferae naturae and is also a dangerous animal to the bringing S2-2012 LEGT1710 Tutorial Program Page 9 on to land of which absolute liability attaches and thirdly, pursuant to s 29 of the Registration of Dogs Ordinance. In view of the conclusion to which I have come on the second basis it is unnecessary to decide the questions of simple negligence and the provisions of the Registration of Dogs Ordinance, but it is my view that the claim based on negligence is not made out †¦. , and also that s 29 of the Registration of Dogs Ordinance has no application in the present circumstances as it does not create a liability, but simply provides that if a dog does damage in circumstances that attract liability to its owner then damages may be recovered in certain ways. Is the dingo an animal ferae naturae which should be regarded as inherently dangerous to man? Dr Begg, the biologist, Mr Williams, the head ranger at the Yarrawonga Wild Life Park, Mr Stephens, the Wild Life Control Officer and Mr Lindner, a well-known Northern Territory wild life ranger, and indeed the defendant herself, are unanimous that the dingo is a wild animal. Mrs Padgham-Purich regards the dingo as simply another breed of dog requiring no more special treatment than some other breeds of dog require and she does not agree without considerable qualification that the dingo is a wild animal. The dingo is a sub-species of the species dog, canis familiaris — canis familiaris dingo and the evidence satisfies me that it is capable of a degree of domestication. I note that the Oxford English Dictionary defines â€Å"dingo† as â€Å"the wild or semi-domesticated dog of Australia†. The test to be used for classifying animals for the purposes of defining the liability of the person who owns or keeps or harbours them, is whether the animal is of a class which constitutes a special danger to mankind†¦ What is the evidence with respect to the dingo? It is plainly regarded as being dangerous to stock. There are dog-proof fences and a bounty paid on scalps of dingoes. The evidence as to danger to man is not unanimous†¦ With great respect to Mrs Padgham-Purich, I find that although dingoes are capable of being tamed and can be in many respects attractive, intelligent dogs to own, they must always be treated with extreme care and suspicion and are prone for no apparent reason to attack the humans with whom they are associated. If, as I have said, the onus is upon the defendant to satisfy me on the balance of probabilities that the dingo, which is plainly a wild animal, is not dangerous to man, she has failed to discharge that onus. On the contrary I am satisfied that the dingo is by its nature notwithstanding Mrs Padgham-Purich’s skill and experience, inherently dangerous to man. This finding really concludes the question of liability in favour of the plaintiff:†¦ The dingo was secured by a chain and collar, the latter of which proved to be inadequate. In view of the absolute liability which I have found to exist the plaintiff is entitled to succeed†¦ taking everything into account, the appropriate sum for general damages is $5000. Special damages have been agreed at $110. 24 and there will be judgment for the plaintiff in the sum of $5110. 4 with costs to be taxed. I will hear counsel as to the form of an order for the payment of the judgment moneys. Solicitors for the plaintiff: Waters, James O’Neil. Solicitor for the defendant: David Winter. S2-2012 LEGT1710 Tutorial Program Page 10 Please answer the following questions in relation to the case: 1. What is the full case citation? 2. W hat are the names of the plaintiff/defendant? 3. In which court was this case decided and and what was the name of the judge? 4. What is the case about – give a brief summary of facts? 5. What are the legal issues raised in this case? 6. What happened in this case: what is the decision/reasons for the decision? S2-2012 LEGT1710 Tutorial Program Page 11 Week 4 25 March ASSIGNMENT 1 DUE (Hand to tutor in tutorial) Introduction to Contract Law (Lecture 3) NOTE: UNSW MID-SEMESTER BREAK FROM 1 APRIL to 7 APRIL 2013 Key learning outcomes from Lecture 3: †¢ †¢ †¢ †¢ Role of contract law in business Formation of contracts Concept of a binding contract Need for offer and acceptance; consideration. How to answer a legal problem question Overview by tutor Tutorial Problem Questions Problem 1: A writes to B to sell his stamp collection to B. B, who has stopped saving stamps, gives A’s letter to another collector C, and C writes a letter of acceptance to A. Is there now a contract between A and C? Problem 2: Offeror wrote to offeree offering to buy offeree’s car for $1,999 adding: â€Å"If I hear no more about it, I consider the car mine at that price. † Offeree did not reply to this letter although it appeared from later dealings that offeree had decided to accept. Is there a contract? Problem 3: Brunhilda loses Fifi, her rare and often threatened French poodle. The poodle is found hunting rats in a sewer by a council worker and is returned ith a pair of tongs. Brunhilda, who has no sense of smell, is overjoyed, and promises to pay the council worker $50 for the return of the dog. Can the council worker enforce the promise? S2-2012 LEGT1710 Tutorial Program Page 12 Week 5 8 April Contract Law (Lecture 4) Key learning outcomes from Lecture 4: †¢ †¢ †¢ †¢ Is there ‘intentionâ €™ to enter into a contract Terms of the contract Whether a contract is in existence Principles of construction and determining the scope of the contract: representations vs terms; incorporation of terms; implied terms; collateral contracts; uncertain terms; exclusion clauses How to approach the Major Assignment Overview by tutor NOTE: ONLINE SUBMISSION ONLY VIA TURNITIN (see Blackboard) You can review your plagiarism score, amend and resubmit as required but the FINAL VERSION of your assignment is due Monday 6 May by 5pm Tutorial Problem Question Richard was in the third year of an arts degree, and was finding his social life limited by his very limited financial means. He complained of this to his parents one weekend, hoping that they would give him an allowance. He continued on that theme for the whole weekend, until his father, Bill, eventually grew sick of it. Bill said that his brother Fred owed him a favour, because Bill had once helped him out with the milking for a month while Fred was in hospital. He said that Fred might be able to employ Richard on the farm. He said, finally, that if Fred couldn’t help he would give him some money himself. Bill contacted Fred and said: â€Å"Fred, you know that favour you owe me? Now I need something in return. I have a boy here anxious to earn some money. Will you employ him? † Fred happened, at that time, to need some labour, so he agreed to employ Richard on weekends and semester breaks. S2-2012 LEGT1710 Tutorial Program Page 13 Bill then continued: â€Å"And Fred I need something else. I’m going to be hauling some rubbish away over the next few weeks and I need your truck. When can I pick it up? † Fred replied that the truck would be available from Tuesday 4 July 2010. However, when Bill went to pick up the truck Fred refused to give it to him, saying that he needed it. Bill was furious, and since he had already paid a fair bit of money over to contractors, relying on the fact that he would have the truck, he was out of pocket as well. He threatened to sue Fred, saying that they had a contract. Richard started working on the farm, milking every weekend and doing general fencing, hay carting and pasture maintenance work during the semester breaks. However, after three months of work he still had not been paid. He asked Fred for the money and Fred said that, since they were family, he didn’t owe him anything. Richard now wants his father to pay him, saying that he had promised to do so if Fred couldn’t help. Discuss by reference to the common law of contract whether: 1. Bill is contractually entitled to the use of the truck; 2. Richard is contractually entitled to be paid by Fred; and 3. Richard is contractually entitled to be paid by Bill. Please also consider and apply any the decision from any relevant cases you have studied in lectures. S2-2012 LEGT1710 Tutorial Program Page 14 Week 6 15 April Contract Law (Lecture 5) Key learning outcomes from Lecture 5: †¢ Vitiating elements: mistake; misrepresentation; illegality; inequality between the parties Tutorial Problem Question Ernest had heard that the current owner of Absynth Hall was thinking of selling. On 28 April he wrote a letter to the owner, Jack, in the following terms: â€Å"Are you interested in selling the Hall? If so, at what price? † Jack received the letter on 29 April and replied that day by facsimile addressed to Ernest as follows: â€Å"I will sell you Absynth Hall for $200,000. The terms and conditions will be those in the Law Society of New South Wales standard form real estate contract. Please reply in writing before 5 May. † Unfortunately, Jack’s secretary Giles, when sending the facsimile, misdirected it, and it was received by Gwendolyn. Realising his mistake immediately, Giles re-sent the facsimile to Ernest and telephoned Gwendolyn to tell her that the facsimile was sent by mistake. On 1 May, Ernest sent a letter to Jack, saying: â€Å"I accept your offer to sell the Hall and surrounding grounds for $200,000. † However, on the same day the market went into a spectacular dive, and by 5 pm Ernest had lost a lot of money. Feeling that he could no longer afford the Hall, he sent a facsimile to Jack, which Jack received at 6 pm, saying that he no longer wished to purchase the property. At this point Jack had not received Ernest’s letter of 1 May. Gwendolyn had been extremely interested in purchasing the Hall and, ignoring Giles’ advice to disregard the facsimile, she had faxed an acceptance of the offer immediately upon receipt of Jack’s mis-sent fax. S2-2012 LEGT1710 Tutorial Program Page 15 On 1 May, Jack received Ernest’s facsimile and decided to follow up on Gwendolyn’s fax. He sent her a reply by fax, saying: â€Å"I am in receipt of your facsimile of 29 April. I advise that the price is $250,000 for the Hall alone. † Gwendolyn received that fax on 1 May and replied that she would purchase the Hall for $235,000. On 3 May Jack replied that he would accept that price. On 4 May Ernest recovered all of his losses on the stock market and made a profit. He telephoned Jack to say that he would now purchase the hall for $200,000. Discuss by reference to the common law of contract whether there is an enforceable contract between: 1. Jack and Ernest 2. Jack and Gwendolyn for the sale of Abysnth Hall? Please also consider and apply any the decision from any relevant cases you have studied in lectures. S2-2012 LEGT1710 Tutorial Program Page 16 Week 7 22 April (Tutor Consultation Week) Contract Law (Lecture 6) Key learning outcomes from Lecture 6: †¢ †¢ Termination of the contract Remedies available for contractual breaches Tutorial Problem Question Lizzy was interested in buying a television. She didn’t have very much money, so she thought that she would have to buy one second-hand. She advertised in the local newspaper. The advertisement said: Wanted: LCD Plasma television in good condition. Will pay a good price. The next morning Darcy rang, saying that he had a television fitting the description. He said he would bring it around to Lizzy’s house at 4 pm. A few minutes later Bingley rang. He said he had a good television for sale, but it was a television/video unit combined. Lizzy, however, was interested. She drove around to Bingley’s house. Bingley showed Lizzy the television. Lizzy was very interested. The television was very good looking, finished in rather nice matt black finish and with soft, fluid lines. She said to Bingley: â€Å"Have you ever had any difficulties with the picture? † Bingley told her that the television had always worked well, and that he had never had any difficulties with it. Bingley set the television up in the lounge room and showed Lizzy how it worked. Lizzy asked how much he wanted for the television. He replied that he would want $575. Lizzy said she would pay $550 and Bingley said that it was a deal. Lizzy took the television home and found Darcy waiting at the door. He said that he had the television and wanted the $600 that it was worth. Lizzy was confused, and said that she never said she would buy the television. Darcy became very angry, and told Lizzy that she S2-2012 LEGT1710 Tutorial Program Page 17 would have to buy the television. If she didn’t she might find herself seriously harmed. Lizzy was frightened, and agreed to buy the television. She said Darcy could bring it around the next day and she would have the money. When Lizzy got inside she set up the television which she had just purchased from Bingley. She watched it for a couple of hours to calm her nerves. After that time, the television started to smoke and the picture flickered and faded to black. Lizzy was upset, and took the television to an electrician. The electrician said that there was a major fault in the television and that it had most certainly been faulty when she purchased it. Discuss by reference to the common law of contract whether there is an enforceable contract between: 3. Lizzy and Darcy 4. Lizzy and Bingley in relation to the purchase of the television. Please also consider and apply any the decision from any relevant cases you have studied in lectures. S2-2012 LEGT1710 Tutorial Program Page 18 Week 8 29 April (Tutor Consultation Week) Introduction to Tort Law (Lecture 7) Key learning outcomes from Lecture 7: †¢ †¢ †¢ †¢ †¢ †¢ Some of the different types of torts and some areas of business where tort law may be relevant How the law of contract and the law of torts interact What is the â€Å"duty of care† and to whom is it owed? What is the â€Å"but for† test? Some of the defences to torts Relevant statutory provisions of the Civil Liability Act 2002 (NSW) Tutorial Problem Question Theresa runs her own Asian restaurant in Randwick. One morning, a delivery man accidently dropped and spilt a can of cooking oil on the floor of the restaurant as he was entering from the street. Theresa immediately mopped up the oil and scrubbed the floor with detergent, but the surface remained slightly oily and quite slippery. Consider the following possible situations: a) After the accident, Theresa went to get some rubber mats to lay down over the area from the back of the restaurant and the phone rang. Not wanting to miss the call, she answered the call. Her back was turned from the entrance for a minute or two. During that time Damien, a customer, entered. He slipped on the oily floor and broke his leg. ) Damien’s girlfriend Ivy, who was a very nervous person, was walking behind him. She became very upset and suffered nervous shock when she saw Damien fall because she feared that Damien might be seriously injured. c) After the accident, Theresa wrote out a sign in very large bright letters which said ‘Warning—slippery floor. Do not enter’ and displayed it at the front of the restaurant entrance. Clark, a customer with very poor eyesight, miss ed the sign, walked in, slipped on the oily floor and broke his leg. S2-2012 LEGT1710 Tutorial Program Page 19 ) Clark screamed loudly after his fall. This caused Russell, who was driving past the restaurant, to take his attention off the road, causing him to run off the road and smash into a nearby wall. Russell was uninjured but the smash caused $20,000 damage to his car. e) Immediately after the spill, Theresa walked outside, pulled down the shutter of the restaurant but forgot to lock it, and went for a coffee. A thief entered through the unlocked door to steal money, but slipped floor, crashed into the shutters. The fall caused him to break his jaw and suffer possible long-term brain damage. Assume that the above events a) to e) took place as a separate set of facts. Considering each scenario separately, discuss whether Theresa could be liable for the resulting injuries and damage under the laws of negligence. Refer to both the common law and the Civil Liability Act 2002 (NSW). Please also consider and apply any relevant statutory provisions and any relevant decisions from any relevant cases you have studied in lectures. S2-2012 LEGT1710 Tutorial Program Page 20 Week 9 6 May ASSIGNMENT 2 DUE BY 5PM: ONLINE SUBMISSION VIA TURNITIN Tort Law: Professional Negligence and Pure Economic Loss (Lecture 8) Key learning outcomes from Lecture 8: †¢ †¢ †¢ †¢ †¢ The essential elements of negligent misstatement How the test for negligent misstatement relates to the test for negligence resulting in personal injury Why courts are reluctant to make awards for pure economic loss How the Civil Liability Act 2002 (NSW) applies to professional negligence What an accounting firm can do to reduce the risk of liability for negligence Tutorial Problem Question Sam and Samantha have just moved into an old terrace house in Bondi which they purchased in October, 2012. Before deciding to buy the property, they obtained a building report on the condition of the house from a professional building inspection company, Inspectcorp. The report stated that the floorboards needed to be replaced at a cost of around $5000, as they were full of dry rot. In addition, Inspectcorp reported that there was evidence of termite infestation in the roof. The report recommended a pest report be obtained on the termite problem. Sam and Samantha were short of cash so decided to proceed with the purchase without getting a pest report. After they moved in, the couple employed a contractor to replace the floorboards. While doing the work, the contractor found that the beams supporting the floorboards were rotten due to termite infestation, and the estimated cost of replacement of the beams is $50,000 in addition to the $5000 to replace the floorboards. On another matter, last week the local council served a notice requiring the house to be fitted with electric smoke detectors, under new fire safety laws that came into effect in November, 2012. The estimated cost to fit the detectors is $2000. S2-2012 LEGT1710 Tutorial Program Page 21 Sam and Samantha say they would not have purchased the property if they’d known that they’d have to spend $50,000 to replace the beams, and another $2000 to install the smoke detectors. They say Inspectcorp should have detected and reported both these items in their report. Consider whether Sam and Samantha may have any rights to claim compensation against Inspectcorp under the laws of negligence in NSW. Refer to both the common law and the Civil Liability Act 2002 (NSW). Please also consider and apply any relevant statutory provisions and any relevant decisions from any relevant cases you have studied in lectures. S2-2012 LEGT1710 Tutorial Program Page 22 Week 10 13 May Property Law (Lecture 9) Key learning outcomes from Lecture 9: †¢ †¢ †¢ †¢ †¢ †¢ †¢ The difference between a joint tenancy and a tenancy in common The meaning of Real Property/Personal Property/Intellectual Property/a Chose in Action How real property under Torrens Title is transferred The difference between a mortgage and a charge The different types of intellectual property The preconditions necessary for a work to be protected by copyright How a company can protect its confidential information REMINDER: MAJOR ASSIGNMENT IS DUE ON MONDAY 6 MAY by 5pm This Assignment is to be submitted online only – via Turnitin (see Blackboard) Tutorial Problem Question Jack and Jill, a middle aged married couple, are registered as co-owners of their freestanding family home in Kensington. The property is held under Torrens Title and they are registered as joint tenants. They have paid off the loan they had taken out from the Eastpac Bank to purchase the property, which is now worth over one million dollars. The marriage is going through a difficult time, and Jack recently became friends with a single woman living in the USA through an online dating service. He has decided to travel to the US by himself to meet his new friend and start a new life, taking as much money as possible with him. Having very little cash in the bank, Jack successfully applied to Eastpac bank for a new loan of $500,000, with a mortgage over his house as security. The bank manager told Jack he and Jill would need to attend his office to sign a mortgage agreement, but Jack made up a story that Jill was unable to come to the bank to sign personally due to illness. As a long term reliable customer, the manager allowed Jack to take the documents home for his wife Jill to sign. Without telling Jill about the loan, Jack forged his wife’s signature on the mortgage document. The bank accepted the signed mortgage not knowing Jill’s signature was forged, and registered it at the Land Titles Office. S2-2012 LEGT1710 Tutorial Program Page 23 Taking the $500,000 with him, Jack disappeared to the USA, never to return, and made no repayments of the loan. When the loan defaulted, the bank followed the usual procedure and exercised its power of sale over the property to recover the outstanding loan. It sold the property at auction to Mr. Chan, who became registered owner of the land. Jill has had to vacate the property, but knew nothing about the loan to Jack. She claims the mortgage to the Eastpac bank is void because her signature was forged. She claims she still legally owns the house and should not have to suffer due to Jack’s dishonesty. Mr. Chan says he is entitled remain owner as he legally bought the property at the auction, and knew nothing about the forged mortgage. Advise Jill and Mr Chan as to their legal position under the Torrens Title system. S2-2012 LEGT1710 Tutorial Program Page 24 Week 11 20 May Competition Law (Lecture 10) Key learning outcomes from Lecture 10: †¢ †¢ †¢ †¢ What are the key provisions of Part IV of the Competition and Consumer Act 2010 (Cth) What anti-competitive conduct can be authorised The enforcement powers of the ACCC What remedies and defences are available under the Competition and Consumer Act 2010 (Cth) Tutorial Problem Questions Consider whether the following conduct breaches any sections of Part IV of the Competition and Consumer Act 2010 (Cth): 1. Representatives of four major widget distributors enter price fixing agreements to fix maximum customer discounts. 2. A manufacturer refuses to supply a retailer for two reasons: a. The retailer insists on buying from other manufacturers; and b. The retailer is located in an unfashionable part of a shopping centre and has poor retail facilities. 3. A retailer has 45% of the retail biscuit market. Can the retailer acquire a competitor that has another 15% of the cake market? (ABL  ¶8-572) A publisher distributes a textbook to book retailers on condition that the retail price is no less than $35. ABL  ¶8-440 to  ¶8-500) S2-2012 LEGT1710 Tutorial Program Page 25 Week 12 27 May (Tutor Consultation Week) Consumer Protection Law (Lecture 11) Key learning outcomes from Lecture 11: †¢ †¢ †¢ †¢ †¢ †¢ What is the Australian Consumer Law (found at Sch 2, Competition and Consumer Act 2010 (Cth)? What does s 18 of the Australian Consumer Law state? Can â€Å"s ilence† or an â€Å"opinion† amount to misleading or deceptive conduct? False representations under s 29 of the Australian Consumer Law Unconscionable conduct under ss 20, 21 and 22 of the Australian Consumer Law Defences and remedies available under the Australian Consumer Law Tutorial Problem Questions Problem 1: Randy inherited a collection of early Australian paintings from his rich uncle Archibald. Randy supports himself by his winnings from poker machines and other forms of gambling. When he is short of cash he usually sells off a painting from his inheritance. In the past two years he has sold 10 works of art. Bettina is keen to purchase one of the paintings in Randy’s collection, but wants to have it authenticated first as a genuine work of the famous Australian artist, Norman Lindsay. Randy agrees to have this done. The expert who examines the painting is not prepared to acknowledge that it is the actual work of Norman Lindsay, but is confident that it is most likely the work of one of the Lindsays from the same artistic family. He communicates this conclusion to Randy. Before she decides to make the purchase Bettina rings up Randy on the telephone and enquires, â€Å"Are you sure that it is actually the work of Norman Lindsay? † Randy replies, â€Å"The expert is confident it is a genuine Lindsay. † Bettina purchases the painting and sometime later it is authoritatively established that it is not a genuine work by the famous Australian artist Norman Lindsay, but that of his lesserknown cousin, Larry Lindsay, who imitates Norman Lindsay’s style. Identify whether Bettina is able to obtain any remedy for misleading or deceptive conduct. S2-2012 LEGT1710 Tutorial Program Page 26 Please also consider and apply any relevant statutory provisions and any relevant decisions from any relevant cases you have studied in lectures. Problem 2: A computer company advertised computers in the newspapers and in this way sold them directly to the public. It maintained no shopfront and did not sell through any distributors. It advertised computers in the daily newspapers, but neglected to state that a delivery charge of $99 had to be paid. What sort of remedies is the court likely to order? S2-2012 LEGT1710 Tutorial Program Page 27 Week 13 3 June (Tutor Consultation Week) THIS WILL BE A REVISION CLASS: DON’T MISS IT! †¢ †¢ Come prepared to discuss the sample problem exam questions with your tutor (see sample questions uploaded on Blackboard) Bring any queries you have about any of this session’s tutorial questions S2-2012 LEGT1710 Tutorial Program Page 28 How to cite Tutorial Questions at Australian School of Business Taxation, Essay examples

Speed Limit Essays - Traffic Law, Road Safety, Law Enforcement

Speed Limit Cause and Effect Second Rewrite Picture yourself in my shoes. I'm cruising down the Montana intrastate system. Being young and stupid I am going at the unreasonably fast speed of just over 80mph. I am on a road that I travel around five times a month. I know the road well, and I feel safe at 80 mph. I have no fears, even if I do see a cop. I wouldn't get pulled over because there is no speed limit*. I coolly glance in my rear view mirror to see a car quickly approaching me. Then before I know it, the car has passed me like I'm not even moving. Naturally I look to see why they are in such a hurry, but I can't tell because they are moving to fast. The last thing I see before they are out of view is the out-of-state license plate. Once they are gone I shake my head and wonder if they know about that blind corner they are coming up upon so quickly, the one that I always slow down for. This experience has become all too common to Montanas since the repeal of the 65mph daytime speed limit. The repeal of the Montana State speed limit has had deadly effects on out-of-staters that don't know the roads, don't know what is safe, and don't understand reasonable and prudent. Now of course I am generalizing, but it seems to me that any idiot with a gas pedal should not be allowed to drive down the highway at 100+ mph. If anyone could possibly safely drive that fast, it would be the Montanan that has driven that road three times in the past week. But, it would appear to me that the very Montanan that I feel could drive that fast chooses not to. If anyone, the Montanan would know of where the deer are, if there is farm equipment around the next curve, or even to watch out for that pothole ahead. But it seems to me that it is the Montanan who knows the conditions that is getting passed. It is this Montanan that should be allowed to drive fast, if need be. Not some speed crazed loony or possibly the young college student that doesn't know what prudent is. This leads me to my question, how about an out-of-state speed limit? Montanans could still drive at speeds that they feel safe at, a reasonable speed. But out-of-staters would have to drive at a speed set by the state citizens. I know I would feel safer if the out-of-staters slowed down. So me it wouldn't seem prudent not to. * Beyond popular belief there is still a speed limit in Montana, it just isn't a number. It's what is reasonable and prudent at the time. Out-of-stater speed limits Cause and Effect Second Rewrite Picture yourself in my shoes. I'm cruising down the Montana intrastate system. Being young and stupid I am going at the unreasonably fast speed of just over 80mph. I am on a road that I travel around five times a month. I know the road well, and I feel safe at 80 mph. I have no fears, even if I do see a cop. I wouldn't get pulled over because there is no speed limit*. I coolly glance in my rear view mirror to see a car quickly approaching me. Then before I know it, the car has passed me like I'm not even moving. Naturally I look to see why they are in such a hurry, but I can't tell because they are moving to fast. The last thing I see before they are out of view is the out-of-state license plate. Once they are gone I shake my head and wonder if they know about that blind corner they are coming up upon so quickly, the one that I always slow down for. This experience has become all too common to Montanas since the repeal of the 65mph daytime speed limit. The repeal of the Montana State speed limit has had deadly effects on out-of-staters that don't know the roads, don't know what is safe, and don't understand reasonable and prudent. Now of course I am generalizing, but it seems to me that any idiot with a gas pedal should not be allowed to drive down the highway at 100+ mph. If anyone could possibly safely drive that fast, it would be the Montanan that has driven that road