Independence Of Judiciary In Australia :: essays research papers

Independence of Judiciary in Australia a) How is the independence of the judiciary guaranteed in Australia? While the Westminster system had largely developed because of the doctrine of separation of powers, the Australian system of government is largely based on the Westminster. This doctrine of separation of powers proposes that the three institutions of government, the legislature, the executive and the judiciary should be exercised as separate and independent branches. It is this doctrine that stresses the need for the independence of the judiciary from the other two government institutions in order to protect the freedom of individuals. It is under this doctrine that no person can be a Member of Parliament and a judge at the same time. The doctrine of separation of powers offers several advantages, it proposes separate, specialized and efficient branches of government and it also reduces the abuse of government power by dividing it. a) Why is the independence of the judiciary an important feature of Australia's system of justice? The judiciary is the government branch that is concerned with the administration of justice. The judiciary is absolutely separate from the executive and the legislature, so it can check the concentration of government power. The independence of the judiciary is crucial of a democratic community because when judges are presiding over cases, there must be no interference and intimidation from the external forces. The independence issues touches upon the conflict of authority and freedom. If the doctrine of separation of powers did not exist, the authority would not be prevented from interfering in the administration of justice, therefore the basic freedoms of the citizens would not be guaranteed. It is up to the judiciary to exercise according to the law. It would be without the independence of the judiciary that the principles of rule of law and natural justice would be jeopardy and other institutions of government would interfere in the administration of justice. There are three main elements of the independence of the judiciary they are, permanency of tenure, dismissal by parliament and fixed remuneration. Permanency of tenure means that judges are appointed by the executive government and have a permanent tenure until they have to retire at the age of seventy. It was a constitutional referendum in 1977 that placed this requirement on federal judges. Also state laws have been made, for the state judges to retire at the same age. The only exception is the Family court justices; they have to retire at the age of sixty-five. Judges can only be dismissed on the grounds of proved misbehaviour or incapacity and can only be dismissed by parliament representatives.

Rat Race :: essays research papers

Ah, â€Å"the rat race†. A term used so often to describe the frantic way of living people are in to gain success. It’s also something our economy thrives off of. You wouldn’t think so, but it’s true. That’s why I chose it to be my essay topic. It’s that need to get to work in the morning to spend yet another day kissing butt and working like a dog so maybe just maybe you’ll be able to have enough money to live on. Until of course you’re on your way home and see the cutest little thing in the store window and that little voice in your head says, â€Å"oh darling it’s simply perfect, you’ve just got to have it†. That voice gets everyone into trouble doesn’t it? The picture on the cover of this report describes â€Å"the rat race† perfectly. Our world is a never-ending cycle of earning and spending. (I’m sorry if I offend the smart ones who actually SAVE money). Our economy prospers from stupid spending. Eighty-dollar jeans here, one hundred and fifty dollar sneakers there. Things that were thought of as luxuries before have now become necessities. Cell phone, beepers, these are now things people need rather than would like to have. Economic status is now based superficially. â€Å"Oh look they have a Rolex and a suit and a cell phone, they must be rich†! In case no one noticed, everyone and there mother has a cell phone these day whether they can afford it or not, the suit is probably a cheap knock of some famous designer and the â€Å"Rolex† is probably one of those â€Å"ten dollar ten dollar† deals. But since people look at us by what we have more than anything else, we feel the need to buy more things. So we earn money to buy things we don’t need just so we have the appearance of being well off. That’s everyone’s goal these days, to be well of. But you know what it’s good that people are this dumb. Know why? Our economy wouldn’t be able to live without it. In the picture, you see the rats(a.k.a. us) running through a maze (a.k.a. Life) you see the sign saying â€Å"Happiness is just around the corner†. No matter where the rats are happiness is just around the corner. But to get to â€Å"happiness† what has to be done? Well first you’ve got to work harder.

Intimate Apparel Synopsis

Tommy DelZenero Intimate Apparel Feb 6th, 2013 The character I really tried to focus on while watching Intimate Apparel was George, the man from Panama. I thought he was the best actor on the stage that night, but that’s not saying too much. For the first half of the play, the actor performed a monologue with the spotlight solely on him. After the break, the actor participated in scene work with multiple characters. George in the storyline is a man who works a very physically demanding job digging canals in Panama.He one day decides to write a letter to Ester, the unmarried woman who works with fabrics, and he immediately takes a liking to her. They exchange letters for about six months and then it happens- George sends her a letter proclaiming his love and asks Ester to be his wife. She replies and says she would love to; he comes a few weeks later for the wedding. Off the bat when they met, it seems to be a little awkward; they had never met and barely knew each other. Over time, they got closer due to their proximity but emotionally they grew distant.George doesn’t seem to be the romantic that Ester had originally talked to. Also, she finds out that he has been cheating on her. He ends up taking her money and leaving Ester. There were a lot of good things that the actor did throughout the course of the play that I have been taught to do as well. He knew his lines for the most part, his inflection changed at appropriate times, and he used a lot of good hand motions and other gestures. Also, in the first half of the play (before the intermission), the actor played a roll in which he was very romantic and sweet.When he recited the letters, he was able to come across as a very well together and in love man. I genuinely thought he was being sincere and true to Ester. Later in the play, George became very distant and withdrawn. He became a cheating man without morals, who was selfish and inconsiderate. The actor was able to portray two different extr emes in the same play, and he did a pretty good job making the transition. I think this would be hard to accomplish, but he was effectively able to do so. Another effective part in the play was the anger the man who played George was able to show.At the scene in the bedroom talking to Ester, he stomped around, making a certain amount of noise without drowning out his own vocals. Throughout the journey of the theater performance, he made a lot of hand gestures and facial expressions that showed me how he felt; he let me feel his emotions. With that said, George didn’t have a flawless performance. For the most part, I thought it was poor acting; but he did well relatively speaking as I addressed above. With that said, it was hard to understand him half the time. At certain parts it seems he wasn’t exactly sure of his lines.He stuttered at parts that didn’t call for stuttering; it wasn’t apart of the script. That just comes down to memorization. Additionally , the actor lost the role at one point, letting out a smirk mid-scene. That smile kind of threw the audience; actors must be in character at all times. Physically, the actor made the audience believe he was a physically worn man. From the clothes he wore to his whole demeanor. His facial expressions showed exhaustion; while speaking from Panama, his voice was strong but tiresome and showed uncertainty. When he came to the contiguous United States, his physical appearance changed.Although he was not in Panama any longer, his true roots came out in the way he spoke and the heavy accent he placed on his words. George became better dressed and modernized; this led to an emotional change as well. Emotionally speaking, in the beginning of the play George was such a smooth talker; he was a sweetheart who was very persuasive and manipulative. The inflection George had in his voice was very sincere. He showed his charm and passion through the words in his letters (even though they turned out to not be his own words). Regardless, he made Ester fall in love with him and want to see him.He seemed genuine. In person though, he wasn’t so loving. George showed his heartlessness and rudeness in his cheating and dialect towards Ester. He showed anger by the way he stomped about the bedroom and stormed out of rooms. He showed his impatience by the way he knocked at the door, so hard and so loud. There were subtle things that could’ve been done better, but the emotion was attempting to be displayed. Intellectually the actor had a few different motives. The first half of the play the audience thought George was all about love and being Ester’s husband.After the intermission, his true colors came out and he became a money hungry hustler. Throughout the play, the character George had many different emotions and types of person he had to show. The actor did a pretty decent job with his faces and body language that he performed. I thought overall, he did an okay job and the play was interesting. I enjoyed watching the storyline play out, though the acting could’ve been much better. It seemed as though the performers were not prepared to act in front of an actual audience. With that said, I look forward to seeing other productions in the future.

Contract Law Free on Board Fob Cif

In this case study, Patina is the seller and Luca is the buyer under an FOB (Free on Board) agreement. General picture of a FOB contract can be congregated from the case of Wimble & Sons v Rosenberg & Sons which describes it as a contract for the sale of goods where the seller which in this case is Patina who agrees to deliver the goods over the ship’s rail and the buyer or Luca in this stance agrees to convey it overseas. According to English law, the case of Pyrene v Scindia defines a classic FOB contract which has occurred in this case study between Patina and Luca as the seller (Patina) draws up the contract with Luca who then nominates a vessel. If the buyer in a FOB agreement fails to nominate a ship within the actual contracted time then the contract may stand effectively repudiated. The seller or Patina in this case would have been legally allowed to sell goods to a third party thus recovering any losses from the buyer. The Incoterms definition of a FOB is basically deprived of the seller being the shipper or transporter of the goods and the buyer’s duty is to nominate a vessel as it is described in Pyrene’s case. The main issue in this case is the transfer of risk from the seller (Patina) towards the seller (Luca). And furthermore it will be argued in regard to case law and statues. According to an FOB agreement, risk is transferred at the point where the goods cross the ‘ships rail’. Plaintiff in the case of Pyrene & Co v Scindia Steam Navigation Co sued the defendant carrier and was victorious in recovering damages of ? 00 as the defendant was found to be liable as he showed negligence while loading the goods and therefore the goods were damaged when they reached the plaintiff. Develin J in Pyrene’s case judged that the liability of negligence would extend to cover up damages if the goods are damaged during the process of loading either side of the ship’s rail. This was the point in English law where the problem of risk bearing arose as it was difficult to decide if the goods lean back over the ships rail and fall on the dock. In an FOB contract, goods which have passed the ships rail and are then damaged then the buyer is responsible for all the loss or damage even if the goods fall on the deck but if the goods fall on the wharf or water then the seller has to bears the losses. Conflicts basically arise when both the parties fail to understand the workings of the ‘ship’s rail’ concept. Case of Thermo Engineers Ltd v Ferry Masters Limited explains this concept perfectly. The facts of this case were that an English seller of a heat exchanger decides to enter in a FOB agreement with a buyer located in Denmark’s city of Copenhagen. The heat exchanger was carried by trailer onto the vessel which had a damaged lower deck. The damage was covered by the high calibre of the Hague-Visby rules as they provide that the carrier is only liable from the point where the goods are loaded on the ships and as the trailer had crossed the rails of the ship when the damage was done which relieved the burden of risk from road provisions authority which would have been liable if the damage would have occurred prior to the crossing of the ship’s rail. Due to uncertainty a new term of FCA (Free carrier) Incoterm was developed in order to provide an alternative to FOB. This was one of the major developments in International Trade Law after 1936 when Incoterms were first introduced to define costs, risks and obligations of buyers and sellers in International transactions. Legal duties of Patina under a classic FOB contract are to ship goods of contractual description at port of shipment. Section 13 of the Sale of goods act 1979 provides that the goods should correspond to the description which is present in the contract. Accordingly to Section 15A of Sale of goods act 1979, a breach if there is minor and a breach of warranty rather than a breach of condition. Thus does not allow the buyer to reject the goods. Seller’s delivery to the shipment place is a condition and if Patina would have delivered to a different place then Luca would have been legally allowed to claim damages. Another duty of a seller or Patina in this case is to pay handling and transportation costs. This includes the cost of loading and stevedoring. It’s the duty of Luca to make arrangements for shipping and therefore communication in this instance is important as a seller is instructed by the buyer to ship the goods within the time frame stated by the buyer. On the other hand when the goods are loaded the buyer should be informed by the seller of the shipment under S32 (3) of the Sale of goods act 1979, however this section does not impose any liability if Patina failed to notify Luca’s of the shipment. After the judgment by Buckley LJ in the case of Wimble, Sons and Co Ltd v Rosenberg and Sons it was decided that section S32(3) of the Sale of goods act 1979 would never apply to a FOB contracts. Remedies available for Patina provided by the Sale of goods act 1979 is that Luca’s can be sued on the grounds of non payment or for damages for non-acceptance. It is duty of a buyer which in this case is Luca’s to make payments to Patina for the goods upon passing of the ship’s rail under a FOB. Luca can obtain damages for defective goods or for the whole delivery if the goods are not of satisfactory quality stated in the contract description. If Patina has retained the bill of lading then the risk will nevertheless pass when the goods cross the ship’s rail. One important difference in English law and Incoterms 2000 is that Incoterms have much clearer rules as who is responsible for obtaining an export license. It is legal duty of Patina to ship goods of contract description, prepare invoices and to have check, pack, mark and delivers the goods but the packing was ripped of some goods which reached Luca so Patina can be legally bound to pay damages. Section 35A (b) of the sale of goods acts provides that ‘if the buyer accepts some of the goods, including, where there are any goods unaffected by breach, all such goods, he does not by accepting them lose his right to reject the rest. Luca’s can only reject defective goods not whole consignment or when the difference in quantity is least as stated in section 30 of the sale of goods act 1979. United Nations convention on contracts for the International sale of goods article 66 provides that any loss or damage after the risk has passed to the buyer does not discharge Luca’s from his obligation to pay the price, unless the damage or loss is due to an act or omission of the seller. According to article 68 of the same convention, if Patina was aware of the damage or loss to the goods at that time but does not disclose to the buyer then Patina can be liable for the damage to the goods. Article 74 inform of the damages available to the injured party. Damages for breach of contract by one party consist of a sum equal to the loss, including loss of profit, suffered by the other party as a consequence of the breach. Article 77 allows reduction in damages if the party relying on a breach of contract is not able to take reasonable measures in order to mitigate a loss. Article 79 further strengthens Patina’s legal position and as it allows exemptions to those seller who can prove that the damage to goods were beyond their control or have been able to avoid it. In this case an objective consideration would have been taken into account. Luca’s should inform Patina of any lack of conformity within a reasonable time and no later than two years after he receives goods. If a breach is found to be a fundamental one than Patina can be deprived from what it expected to receive under the contract. The convention therefore would not have been forceful in forcing a claim which was not known to the seller or Patina and the contract then would have been frustrated rather than breached. If Luca’s decides to return the goods than benefits deprived must be accountable. Word count: 1443 words Bibliography * Murray, Dixon, Timson-Hunt, Holloway, (2007), Schmitthoff’s Export Trade, 11th Edition Sweet & Maxwell ISBN:Â  9780421893207 * Carr, I, (2009), Principles of International Trade Law, 4th Edition, Cavendish Publishing Ltd * Chuah, J, (2009), Law of International Trade, 4th Edition, Sweet & Maxwell Ltd * Dockray, M, Cases and Materials on the Carriage of Goods by Sea, 3rd ed. , Cavendish Publishing Ltd 2004 * Wilson, J, Carriage of Goods by Sea, 6th ed. , Pitman 2007 * Sale of Goods Act 1979 (amended) * Incoterms 1990 & 2000

Culture and Gentrification Essay

Gentrification is a sensitive issue that brings different impacts to the people in a community. It is also taking over several neighborhoods in Queens and Brooklyn. These neighborhoods have undergone through gentrification for quite a long time to bring new people in. Others think this was good idea for the economic development while the residents feared that this could cause expensive housing, social out- casting, and loss of cultural value. Although change seems to be constant in this orld, but the changes that gentrification is bringing are not the changes that the people are looking forward to see. One of the negative impacts of gentrification is the expensive housing. â€Å"Since 2000, average market rents have doubled in Greenpoint-Williamsburg, and rent stabilized tenants face increasing pressure from landlords looking to flip their apartments to the affluent young people now flooding the neighborhood† (Paul 188). Every neighborhood that is undergoing through gentrification has these landlords who are ffering higher rentals in order to drive out these longtime residents and gain more profit from the developers and new people. These residents were left with no choice but to move out. These circumstances made them feel that gentrification is implying that they aren’t well of enough for their own neighborhood. When longtime residents are driven out from their apartments they felt the rise of social out-casting. â€Å"Since 2000, average rents have doubled in Williamsburg- Greenpoint and almost 40 percent of the Latino population has left the neighborhood ikely because of the housing costs (Paul 194). Due to the expensive rentals the residents were being displaced and some of them don’t even know where to go. Others are becoming homeless while the others are moving to more harmful places. Gentrification is putting a huge gap between low-income residents and the upper class people. As the upper class gets richer and richer, the low-income people stay the same. Gentrification is also making the community loss its cultural value. In Queens, Long Island City is the artistic community. The landmark, 5 Pointz, was known as a anctuary of graffiti where artists from different parts of the globe were able to freely express themselves at the same time the viewers were able to appreciate them. â€Å"The building is expected to be replaced by two residential towers- one 41 stories and the other 47 stories tall (Murray, Owner of 5 Pointz: ‘l whitewashed the building to stop the torture)†. It was wiped out in order to make room for luxury condos; the people were saddened by the lost of a significant symbol of graffiti.

New Mind in Data Mining

Content mining has turned into an energizing examination field as it tries to find profitable data from unstructured writings. The unstructured writings which contain huge measure of data can't just be utilized for additionally preparing by PCs. Thusly, correct preparing strategies, calculations and methods are fundamental keeping in mind the end goal to separate this profitable data which is finished by utilizing content mining. In this paper, we have talked about general thought of content mining and correlation of its procedures. What's more, we quickly talk about various content mining applications which are utilized directly and in future. Index Terms Retrieval, Extraction, Categorization, Clustering, Summa- rization.INTRODUCTIONContent mining has turned out to be imperative research region. Countless put away in better places in unstructured structure. Around 80% of the world's information is in unstructured content [1]. This unstructured content can't be effortlessly utilized by PC for all the more preparing. So there is a requirement for some procedure that is valuable to remove some valuable data from unstructured content. These data are then put away in content database design which contains organized and couple of unstructured fields. Content can be sited in sends, visits, SMS, daily paper articles, diaries, item audits, and association records [2]. Relatively every one of the organizations, government divisions.Text Mining StepsGather data from unstructured information. Change over this data got into organized information Identify the example from organized information Analyze the example Extract the profitable data and store in the database.Information RetrievalThe most well known information retrieval (IR) systems are Google search engines which recognize those documents on the World Wide Web that are associated to a set of given words. It is measured as an extension to document retrieval where the documents that are returned are processed to extract the useful information crucial for the user [3]. Thus document retrieval is followed by a text summarization stage that focuses on the query posed by the user, or an information extraction stage. IR in the broader sense deals with the whole range of information processing, from information retrieval to knowledge retrieval [8]. It is a relatively old research area where first attempts for automatic indexing where made in 1975. It gained increased attention with the grow of the World Wide Web and the need for classy search engines.Information ExtractionThe objective of data extraction (IE) techniques is the extraction of helpful data from content. It recognizes the extraction of elements, occasions and connections from semi-organized or unstructured content. Most valuable data, for example, name of the individual, area and association are extricated without legitimate comprehension of the content [4]. IE is worried about extraction of semantic data from the text.IE can be portrayed as the development of an organized picture of chose important piece data drawn from writings. 4. Clustering Grouping is a standout amongst the most fascinating and vital subjects in content mining. Its point is to discover inborn structures in data, and organize them into noteworthy subgroups for additionally study and examination. It is an unsupervised procedure through which objects are ordered into bunches called groups. The issue is to gather the given unlabeled accumulation into significant bunches with no earlier data. Any names related with objects are acquired exclusively from the information. For instance, archive grouping aids recovery by making joins between related records, which thus enables related reports to be recovered once one of the archives has been regarded pertinent to a question [8]. Grouping is helpful in numerous application regions, for example, science, information mining, design acknowledgment, record recovery, picture division, design order, security, business insight and Web seek. Bunch examination can be utilized as an independent content mining device to accomplish information conveyance, or as a pre-preparing venture for other content mining calculations working on the identified groups.Internet SecurityThe utilization of content mining device in security field has turned into a critical issue. A considerable measure of content mining programming bundles is showcased for security applications, especially observing and examination of online plain content sources, for example, Internet news, sites, mail and so on for security purposes 7. It is additionally associated with the investigation of content encryption/unscrambling. Government offices are putting significant assets in the reconnaissance of a wide range of correspondence, for example, email, online talks. Email is utilized as a part of numerous true blue exercises, for example, messages and reports trade.6. ConclusionContent mining for the most part alludes to the way toward separating profitable data from unstructured content. In this overview of content mining, a few content mining strategies and its applications in different fields have been talked about. A correlation of vary ent content mining has been indicated which can be additionally upgraded. Content mining calculations will give us valuable and organized information which can decreases time and cost. Shrouded data in interpersonal organization locales, bioinformatics and web security and so on are distinguished utilizing content mining is a noteworthy test in these fields. The progression of web innovations has lead toa colossal enthusiasm for the order of content records containing joins or other data.7.ReferencesR. Agrawal and R. Srikant. Rapid calculations for mining affiliation ideas. In proceedings of the twentieth global convention on Very tremendous Databases (VLDB-94), pages 487– 499, Santiago, Chile, Sept. 1994.R. Baeza-Yates and B. Ribeiro-Neto. Current information Retrieval. ACM Press, the big apple,1999.S. Basu, R. J. Mooney, ok. V. Pasupuleti, and J. Ghosh. Assessing the oddity of content mined ideas utilising lexical expertise. In court cases of the Seventh ACM SIGKDD worldwide assembly on advantage Discovery and data Mining (KDD-2001), pages 233– 239, San Francisco, CA, 2001.M. W. Berry, editorial supervisor. Approaches of the 0.33 SIAM global confere nce on knowledge Mining(SDM-2003) Workshop on text Mining, San Francisco, CA, may 2003.M. E. Califf, editorial manager. Papers from the Sixteenth countrywide conference on synthetic Intelligence (AAAI-99) Workshop on laptop learning for knowledge Extraction, Orlando, FL, 1999. AAAI Press.M. E. Califf and R. J. Mooney. Social studying of illustration coordinate standards for knowledge

Difference Between Monopoly Pricing and Competitive Pricing Essay

Congress is discussing the possibility of removing patent protection for life saving drugs in order to reduce the cost of the Medicare and Medicaid systems. Discuss both the short-run and long-run implications for the economic situation of the drug industry. Include in your answer the impact on prices, new development, etc. of drugs. Include appropriate graphs showing the difference between monopoly pricing and competitive pricing. The drug industry currently takes on both monopolistic and competitive market structures. When a drug company develops a new drug, there are patent laws that allow the company to have a monopoly on selling the drug. In the short-run, the company is able to charge the monopoly price (above marginal cost) and maximize profit by producing the quantity where marginal revenue equals marginal cost. Once the patent runs out, other drug companies have an incentive to enter the market causing it to become more competitive. These new companies produce generic versions of the drug and charge a price below the monopolist’s price. As more and more competitors enter the price is driven down to marginal cost. If congress were to remove patent protection on life-savings drugs, drug company’s profits for life saving drugs would decrease. More companies would be able to begin producing the drugs without waiting for the patent period to end therefore, the original drug maker would not be able to charge the monopoly price for very long because competitors could quickly engineer generic versions. The original producer would no longer be a price maker and instead need to follow profit maximization rules of a competitive market by producing the quantity where marginal revenue equals marginal cost and charge a price equal to marginal marginal revenue. Since the original drug maker will not be able to benefit from monopoly pricing during the patent period, there will be less incentive for them to create lifesaving drugs. A part of the benefit of higher profits during the monopoly period is the ability to recoup some of the research, develop, and testing costs of producing these drugs that the generic makers do not incur. Consumers on the other hand would benefit from competition in the market which prevents a single drug maker from dictating the market price of these newly developed lifesaving drugs.