Issues Paper - Victorian Law Reform Commission
... constitutes exceptional circumstances for this purpose.
Developing options for legislative change is not merely a technical exercise in removing some of
the existing prohibitions on possessing and using cannabis; it is also necessary to build an
avenue of health care. Medicinal cannabis, if allowed, ...
... Objective 1: An enabling legal and policy environment for the exercise of the rights of freedom, expression, assembly and association
Result 1.1.: All individuals and legal entities can express themselves freely, assemble peacefully, and establish, join and participate in non-formal and/or
PtV Project Report - Consumer Action Law Centre
... This report has been several years in the making and would not have been
possible without the contribution of many staff and volunteers at the
Consumer Law Centre Victoria and subsequently, Consumer Action Law
The CLCV identified the need for the report in 2005. Since that time the
(then) Fe ...
Report on the Law of the Tenement
... of Edinburgh.4 In the light of the comments made on those occasions and of further work and reflection,
we have been able to formulate the final recommendations which now appear in this report. Appendix
1 to the report contains a draft bill which is intended to give effect to our recommendations.
Attachment 1: LIV Comments regarding Surrogacy Inquiry
... child, that order applies for the purposes of the Family Law Act12and therefore for other
purposes such as social security and immigration.
Because of the disparity between the various State and Territory legislative
mechanisms for regulating surrogacy arrangements, complications can a ...
De Facto Relationships - NSW Law Reform Commission
... 2 for which he or she would not be adequately compensated if an order were not made, or
has the care and control of a child of the respondent, and the failure to make an order would
result in serious injustice to the applicant.
Two members of the Division consider that the specified period should be ...
the employer`s obligation of reasonableness in safety management
... A special word of thanks is owed to the Department of the
Workmen's Compensation Commissioner (Durban & Pretoria), the
Industrial Health Unit (Durban), the National Occupational
Safety Association (Bloemfontein & Durban), and the Technical
Advice Group (Braamfontein) who entrusted me with informatio ...
review of trust law in new zealand: introductory
... 1908 Trustee Act which itself was a consolidation of earlier provisions that
were scattered among a number of New Zealand statutes. The structure and
wording of the Trustee Act 1956 are based closely on England’s 1925 Trustee
Act. The Act has not been reviewed as a whole since its enactment more tha ...
Quality of Decision-Making in Public Law
... Administrative decisions made by government bodies are a fact
of life: members of the public are confronted with them all the time. Whenever
a citizen applies for a building permit, a driving licence or benefits, or is faced
with an environmental enforcement measure, an administrative decision is
THE DIGEST OR PANDECTS. BOOK XXVI. TITLE I. CONCERNING
... Guardianship is (as Servius defines the term), authority and power over a free person, granted
for the purpose of protecting him who, on account of his age, is unable to protect himself; and
this authority is conferred or admitted by the Civil Law.
(1) Guardians are those who possess this authority ...
Mental Capacity and Deprivation of Liberty
... liberty involving people who lack capacity to consent to their care and treatment
arrangements. Article 5 of the European Convention on Human Rights
guarantees the right to personal liberty and provides that no-one should be
deprived of their liberty in an arbitrary fashion.1
1.2 In determining wh ...
Legal History and Traditions - Ethiopian Legal Brief
... assignment(s). On the top of a final examination, class participation, group
discussions and assignment(s) should count in assessing the performance of
students in the course. In view of the fact that students take a sequel course in
constitutional law, instructors may skip the section which covers ...
... 1. Due obedience to superior orders . .................................................................................................. 128
A. Overview ................................................................................................................................... 130
B. Exc ...
TRANSPORTATION AND MARITIME LAW
... private enterprises to be operated by the Government.
Section 19. The State shall regulate or prohibit monopolies
when the public interest so requires. No combinations in restraint of
trade or unfair competition shall be allowed.
(a) What is a public utility?
A public utility is a business or servic ...
Order without Law: How Neighbors Settle Disputes
... A closed-range ordinance makes a cattleman strictly liable (that is, liable
even in the absence of negligence) for any damage his livestock might
cause while trespassing within the territory described by the ordinance.
The Shasta County Board of Supervisors has exercised its power to close
the range ...
Consultation Paper - The Law Reform Commission of Hong Kong
... concerns the amount of damages rather than liability. In cases where the
courts order the defendant to pay the plaintiff’s costs pursuant to the costs
indemnity rule, 2 these costs are often paid by the defendant’s insurance
company in accordance with the insurance policy. In some jurisdictions,
criminal law reviewer
... the other hand, violations of special laws are
generally referred to as malum prohibitum.
Note, however, that not all violations of special
laws are mala prohibita. While intentional felonies
are always mala in se, it does not follow that
prohibited acts done in violation of special laws are
State - Office of Legal Affairs
... of a State which has exceeded its competence or contravened the provisions of municipal law was regarded in
a given case as an "act of the State", it is not sufficient
to claim that the State had ultimately to make reparation
at the international level for the injury actually caused
by the organ in ...
Transnational Legality: Stateless Law and International Arbitration
... semantical battles. Calling something law has consequences. It is likely to determine
how we think about stateless forms of socio-legal organization and regulation. It is
likely to sway the way we think about arbitration for instance. Given as much, it is
likely to influence the future of arbitratio ...
... aspects of corporate responsibility. A former commercial lawyer, she set up her own
consulting business in 2003 to help organisations understand and respond better to the
legal challenges posed by corporate responsibility ideas and proposals, and to
participate more meaningfully in regulatory reform ...
this PDF file - Canadian Center of Science and Education
... However, there are also many legal problems with the current law on assault and battery - such that it would be
useful to put these offences into modern legislation. For example, ‘assault’ is often (incorrectly) used as a generic
expression to cover battery as well as assault. This causes much confu ...
A Legal History of Rome
... inhabited until around 1000 BC. The first people who settled around the Tiber
valley and the area that became Rome were the Latins and the Sabines, two of the
Indo-European peoples referred to collectively as Italians. These groups drifted
down from the North across the Alps into the Italian peninsu ...
Animal Law: Principles and Frontiers
... adopted, this book plunges quickly into the detailed provisions of Australia’s federal, State and
Territory laws, principally the statute book where is now found the majority of the laws binding upon
us in our nation. This does not always make for easy reading. But this is certainly the way that the ...
Good Samaritan law
Good Samaritan laws offer legal protection to people who give reasonable assistance to those who are, or who they believe to be, injured, ill, in peril, or otherwise incapacitated. The protection is intended to reduce bystanders' hesitation to assist, for fear of being sued or prosecuted for unintentional injury or wrongful death. An example of such a law in common-law areas of Canada: a good Samaritan doctrine is a legal principle that prevents a rescuer who has voluntarily helped a victim in distress from being successfully sued for wrongdoing. Its purpose is to keep people from being reluctant to help a stranger in need for fear of legal repercussions should they make some mistake in treatment. By contrast, a duty to rescue law requires people to offer assistance, and holds those who fail to do so liable.Good Samaritan laws vary from jurisdiction to jurisdiction, as do their interactions with various other legal principles, such as consent, parental rights and the right to refuse treatment. Most such laws do not apply to medical professionals' or career emergency responders' on-the-job conduct, but some extend protection to professional rescuers when they are acting in a volunteer capacity.The principles contained in good Samaritan laws more typically operate in countries in which the foundation of the legal system is English Common Law, such as Australia. In many countries that use civil law as the foundation for their legal systems, the same legal effect is more typically achieved using a principle of duty to rescue.Good Samaritan laws take their name from a parable found in the Bible, attributed to Jesus, commonly referred to as the Parable of the Good Samaritan which is contained in Luke 10:25-37. It recounts the aid given by a traveler from the area known as Samaria to another traveler of a conflicting religious and ethnic background who had been beaten and robbed by bandits.