What advice will you give her/him about structuring the new business? What issues should your friend be concerned about in making his/her decision about which business form to create? How does your suggested form successfully respond to the issues confronting your friend?

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You have found yourself in the following situation.

One of your friends has recently developed an innovative method to preserve and protect leather. The product can preserve leather for five years at a very reasonable cost. Several investors have learned of the product and are asking about investment opportunities. Your friend is very interested in the business possibilities this opportunity presents. Knowing that you have recently completed a rigorous business law class your friend asks your advice on how best to structure this new business.

What advice will you give her/him about structuring the new business? What issues should your friend be concerned about in making his/her decision about which business form to create? How does your suggested form successfully respond to the issues confronting your friend?

On what basis or bases of jurisdiction can the Turkish courts punish the captain of the French boat?

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Using the cases attached, answer the following questions:

1. In the Wildenhus case, Mr. Wildenhus, a Belgian national, killed Frijens, a Belgian national in a knife fight. The Belgian boat was docked in the harbor in Jersey City, United States, when the knife fight occurred. a. On what basis of jurisdiction can the United States federal court take jurisdiction over this crime?

2. On what bases of jurisdiction can a court in Belgium take jurisdiction over this crime? Explain your answers… how the defendant or perpetrator is connected to the court taking jurisdiction.

Lotus Case:

In the Lotus case (attached), a French boat ran over a Turkish boat in international waters. This is a case of criminal negligence.

1.On what basis of jurisdiction can the courts of France punish the captain of the French boat?

2. On what basis or bases of jurisdiction can the Turkish courts punish the captain of the French boat?

3.how does the theory of positivism in international law arise?

Explain the different sources of EU law and with reference to the EU Treaties and the European Union (Withdrawal) Act 2018

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Explain the different sources of EU law and with reference to the EU Treaties and the European Union (Withdrawal) Act 2018 discuss the extent to which the sources of EU law that exist at the end of the transition period will apply in the UK thereafter.

Should section 42 of the Sex Discrimination Act 1984 (Cth) be reframed to better cater for the situation of transgender athletes?

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Updated Instructions for Research Essay.

Unless a Special Consideration request has been submitted and approved, (a) a penalty for lateness will apply – two (2) marks out of 100 will be deducted per day for assignments submitted after the due date – and (b) no assignment will be accepted more than seven (7) days (incl. weekends) after the original submission deadline.

Submissions made by the due date and time are final. Students are not permitted to re-submit after the due date.

Instructions:

This task requires students to engage in in-depth research and reading from a wide range of sources, from which they are required to develop well-supported arguments in essay form on the topic.  In writing the essay, students should demonstrate their ability to critically analyze the core issues raised by the topic, as well as an understanding of the context, relevant case law, and the broader public policy issues involved.

The research paper must be all your own work.  You are expected to comply with the Macquarie University Academic Honesty Policy.

 

Topics:

  1. The growth of new technologies gives rise to the potential for discriminatory treatment to occur in new and varied ways. One of the challenges this presents is whether anti-discrimination laws are appropriated framed to address these forms of discrimination.  Examine the way in which artificial intelligence and emerging technologies can contribute to forms of discriminatory treatment and consider whether the way federal anti-discrimination laws operate on the basis of individual complaints about certain types of conduct in specific areas and in relation to specific attributes is the best model for address the discriminatory treatment.
  2. The scope of Australian anti-discrimination laws is qualified by the existence of permanent exemptions (sometimes called exceptions) written into the legislation.   Should permanent exemptions/ exceptions remain part of federal anti-discrimination laws or should there be a different approach with a general justification clause requiring a case by case determination?
  3. Should section 42 of the Sex Discrimination Act 1984 (Cth) be reframed to better cater for the situation of transgender athletes?
  4. Remedies under anti-discrimination laws have been criticized as undervaluing the harm that victims experience as a consequence of discrimination, harassment and vilification, as well as failing to promote systemic change.  Assess the role that the awarding of non-compensatory damages, such as aggravated or exemplary damages could make to the efficacy of Australian anti-discrimination laws.
  5. Choice of own topic: If you do not want to do a topic from the above list, you may select your own topic. You are encouraged to pursue your own interests in selecting a topic, as long as it relates to the subject matter of this unit. If you choose your own topic you must send a proposal outlining your research topic to the unit convener through iLearn.  Please note that you should have done some reading in advance of choosing your own topic, so as to be able to define and refine the particular area of research.  The proposal for a research topic should be in the form of a short descriptive outline of your research topic and the scope of your topic( for eg two or three paragraphs).   In addition, you need to include the bibliographic details of 3 sources that you have consulted in formulating your topic.    Deadline for submitting your own research topic: no later than 2pm 17 April 2020. 

 

Formatting:

There are specific formatting requirements for this assessment task.

  • It is to be no more than 2000 words.  Any words beyond this limit will not be read by the markers.
  • It must include a bibliography.
  • Footnotes and the bibliography are not included in the word count.
  •  It is to be fully referenced in accordance with the Australian Guide to Legal Citation.
  • The use of headings is permitted and encouraged.

 

Marking Rubric

Criteria Fail Pass Credit Distinction High Distinction
Identified and analyzed core issues raised by the question Identified issues with limited relevance to the question Identified some issues but either missed some important issues or provided little analysis. Identified and analyzed some of the issues. Identified and analyzed most of the issues. Comprehensively identified and analyzed the central issues.
Demonstrated knowledge of applicable law and policy Little demonstrated knowledge of relevant law and policy. Limited demonstrated knowledge of relevant law and policy. Identified and applied relevant law and policy. Clearly identified and accurately applied relevant law and policy. Insightful and highly accurate in synthesizing and applying relevant law and policy.
Engaged in critical analysis and presented considered legal arguments Largely descriptive, with no analysis or developed arguments. Limited analysis, with little or under-developed arguments. Good analysis, providing sound support for your arguments. Thorough analysis and well developed arguments. Outstanding analysis and sophisticated arguments.
Evidence of in-depth research Used materials from sources that were only tangentially related to the issues. Located and collated partially relevant research materials. Located some relevant research materials from a range of sources. Located and evaluated highly relevant research materials. Evaluated and synthesized an extensive range of highly relevant sources.
Written expression, spelling, and grammar Poor, with many errors.  Did not adequately proof read work. Satisfactory, but with errors. Clear, with some errors. Excellent, with few errors. Outstanding and without errors.
Organization and structure Poor structure & organization Sound structure & organization, with some weaknesses. Solid structure & organization. Well structured & clearly organized. Very logically structured and very clearly organized throughout.
Adherence to referencing and formatting requirements Poor Adequate, but with errors. Reasonable, but with some errors. Good compliance with requirements. Excellent compliance with requirements and no errors.

 

What is forum shopping and how does it impact international litigation? What contractual provisions can be included in a contract to prevent conduct that creates the need to forum shop?

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International Trade Law

  1. What are the realist and liberal perspectives on international relations? How do the different perceptions of the basic nature of mankind effect the beliefs of a realist and a liberal? (350-400) words
  2. What is forum shopping and how does it impact international litigation? What contractual provisions can be included in a contract to prevent conduct that creates the need to forum shop? (350-400)
  3. Under the law of the Convention on Contracts for the International Sales of Goods (CISG) what are the duties of a buyer of goods upon delivery of a shipment from the seller? What is the policy behind these duties which are required by the buyer? Also, what are the duties of a seller of goods under the CISG? (350-400)
  4. If you were to set up an e-commerce website what contract law features would you incorporate into your website? Please explain the reasoning behind your choices. (350-400)
  5. Consider international labor law. The Covid-19 virus is presenting many challenges for employers and employees. In the present environment – based on labor law practices in each region – if you were an employer which region of the world would you like to have a business Asia, the United States or Europe? Based on labor law practices if you were an employee which region of the world would you like to have a job Asia, the United States or Europe?  (350-400)

What are the realist and liberal perspectives on international relations? How do the different perceptions of the basic nature of mankind effect the beliefs of a realist and a liberal?

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International Trade Law

  1. What are the realist and liberal perspectives on international relations? How do the different perceptions of the basic nature of mankind effect the beliefs of a realist and a liberal? (350-400) words
  2. What is forum shopping and how does it impact international litigation? What contractual provisions can be included in a contract to prevent conduct that creates the need to forum shop? (350-400)
  3. Under the law of the Convention on Contracts for the International Sales of Goods (CISG) what are the duties of a buyer of goods upon delivery of a shipment from the seller? What is the policy behind these duties which are required by the buyer? Also, what are the duties of a seller of goods under the CISG? (350-400)
  4. If you were to set up an e-commerce website what contract law features would you incorporate into your website? Please explain the reasoning behind your choices. (350-400)
  5. Consider international labor law. The Covid-19 virus is presenting many challenges for employers and employees. In the present environment – based on labor law practices in each region – if you were an employer which region of the world would you like to have a business Asia, the United States or Europe? Based on labor law practices if you were an employee which region of the world would you like to have a job Asia, the United States or Europe?  (350-400)

What categories of migrants need a sponsor to enter and live in the UK? What does the concept of “married partners” include in the UK Immigration law?

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UK Immigration law

  • Explain the “right to respect for family life”. Does it mean that immigrants have a right to a family in the UK?  Why?
  • What does the concept of “married partners” include in the UK Immigration law?
  • What is a sham marriage?
  • Explain what the Points-Based System requires.
  • What categories of migrants need a sponsor to enter and live in the UK?
  • Do you think Immigration law should be more flexible and allow as many students as possible to enrol in British universities? Critically discuss this question.

Problem Question

Rajashree is an Indian national and came to the UK to study for a BA (hons) in Fashion design at the Wednesbury University in October 2015. She lawfully applied for and was granted a tier 4 student visa for the duration of her studies and duly complied with the conditions of that visa. During her studies she was staying with family friends, Rohit and Priya and their son Mohan who was also studying at the University (Rohit, Priya and Mohan are all UK citizens by birth.) Mohan and Rajashree would often hang out together with his friends including when Mohan moved out of his house to a shared house with his friends. Towards the end of her studies in May 2018 Rajashree and Mohan started a romantic relationship. Soon they realised that Rajashree would graduate, and failing to obtain any job offers in the UK that would sponsor a visa for her, she would have to return to India at the expiration of her visa on 31st August 2018. Mohan, distraught at this thought, travelled to Birmingham city centre to purchase a ring with the last of his meagre savings from his job working as an office administrator and proposed to Rajashree on 1st June 2018.

Rajashree and Mohan come to your law firm asking for advice on what they will have to consider and do to ensure that Rajashree will be able to remain in the country as Mohan’s wife. In particular they have heard stories about marriages being treated as shams and the non-UK national being deported.

Advise both Rajashree and Mohan on whether or not there is a relevant category of visa to protect Rajashree from being deported by virtue of her planned marriage to Mohan, and if so what are the eligibility criteria for such a visa. Finally if there is a relevant visa category, whether or not they are likely to meet the criteria for it or what they will have to do in order to meet the criteria.

In drafting your advice you should have recourse to relevant case law, statutory law and the immigration rules.

Reading list

  1. Clayton Immigration and Asylum Law OUP 8th edition, 2018 chapters 8, 9 and 10.

Human Rights Act 1998

http://www.legislation.gov.uk/ukpga/1998/42/contents

Immigration rules

http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/

Nationality, Asylum and Immigration Law 2002

http://www.legislation.gov.uk/ukpga/2002/41/contents

Case: R. (on the application of Quila) v Secretary of State for the Home Department [2012] H.R.L.R. 2.

Does the 2018 Directive have any direct or indirect effect that can be used against Sunshine Desserts?

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The UK’s Employment Disputes Regulations implement the 2018 Directive, but it looks like the two don’t exactly align. I’ve also looked into the requirement in the Directive for public transport providers to issue certificates of delay. The UK doesn’t seem to have done anything to implement that bit of the directive as the Secretary of State for Transport believes “existing industry practice already conforms with the Directive”. Could one of you please draw up a memo addressing the following questions:
• Does the 2018 Directive have any direct or indirect effect that can be used against Sunshine Desserts?

• Can we use the 2018 Directive to force Western Rail to issue a certificate of delay?

• If the answer to either of the above is “no”, might we be able to bring a state liability action against the UK Government? Thanks, Ally. A lison McBeal MA, GDL, LPC Associate Solicitor, Beaverbrook and Sons
T: 020 776 64466 | E: a.mcbeal@beaverbrooks.co.uk 6 Phoenix Street, Nightsville, P12 KAY
Assistant: Ms Claire Otoms, T: 020 776 64683, E: c.otoms@beaverbrooks.co.uk
Subject: Employment Dispute Date: Monday, 3 February 2020 at 18:09:31 Greenwich Mean Time From: Reginald Perrin <reggie_perrin@gmail.com> To: Alison McBeal CC: Client Management; <EU Division (Trainees)>
Good evening, Ms McBeal,
Thank you for taking my case. I’m afraid I’m in something of a pickle.
I work for Sunshine Desserts. The company is owned and run by my boss, C.J.
Every day I walk from my house at 12 Coleridge Close to Sutton station, where I get the train to work. You know trains are like though – it doesn’t matter how early I leave I ALWAYS seem to arrive 11 minutes late!
Tuesday, 4 February 2020 at 9:45:45 AM Greenwich Mean Time
Page 2 of 2
C.J. has had enough. I got an email from him the other day saying “I didn’t get where I am today by tolerating lateness on the part of my employees” and he’s initiated disciplinary proceedings against me. I think he wants to sack me.
I did some Googling and I think this new EU Directive means C.J. isn’t allowed to sack me if my lateness isn’t my fault, but he says that’s not what the law says.
I also asked Leinster Rail for a certificate of delay, so that I could prove to C.J. that my lateness isn’t my fault, but they said they’re not obliged in law to give me one.
I just don’t know what to do. Can I rely on this Directive or not?
Yours sincerely,
Reggie.

On 11 November 1975, Governor-General Sir John Kerr dismissed Prime Minister Gough Whitlam. Was this action constitutionally justified? Critically discuss.

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Research Essay LAWS3000 Constitutional Law Session 1, 2020
Question: On 11 November 1975, Governor-General Sir John Kerr dismissed Prime Minister Gough Whitlam. Was this action constitutionally justified? Critically discuss.

Format and Word Count:
Essays must be submitted in double line spaced text, 12 point font (use Times New Roman or Arial). The word limit is 2,000 words, excluding footnotes (there will be an allowance plus or minus 10% of the word count). Footnotes should only be used for references, with no further discussion. A bibliography should not be provided. Do not submit a pdf. Submissions must be a word document.
The essay must comply with the Australian Guide to Legal Citation. The Guide is available here < https://law.uni
Late submissions will be penalized according to the unit guide.
Guidance
In your response, you are expected to critically engage with the essay question. There is no ‘right’ or ‘wrong’ answer, provided this is strongly argued and demonstrates evidence of appropriate legal research (eg drawing upon relevant case law, academic literature and so on) going beyond the set readings for the course.
Although a strong answer would demonstrate an understanding of the social, political and historical context surrounding this event, please remember that this is a legal essay – thus the focus of your analysis should be on the constitutional issues implicated.
Assessment Grading
Please see the marking rubric on iLearn for further details.

Identify and categorise trusts, and critically evaluate the requirements for a valid trust.

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Christie and Farrand have recently split up, having lived together for 23 years. They never married. They have a daughter, Jada, who is 17 years old. Farrand purchased the family home 20 years ago and it was registered solely in his name. At the time of the purchase, Christie suggested that the house should be registered in their joint names. Farrand responded, ‘We don’t need a bit of paper! You trust me, don’t you?’ Farrand provided the deposit. The balance of the purchase price was funded by a mortgage loan in his name. Farrand has paid all the mortgage instalments. Christie used the sale proceeds of her studio flat to furnish the purchased family home. Shortly before Jada was born, Christie gave up her job as a legal secretary and did not work again until 2007, when she got part-time work back at her old firm. Her wages were a welcome addition to the family finances, because Farrand’s business was going through a bad period. Farrand continued to meet the mortgage payments but, since 2007, Christie has paid all other household bills. Task: Advise Christie on whether she can claim a share in the family home under the rules of implied trusts (examining both resulting and constructive trusts rules) and, if not, whether any other remedies may be available to her.) • Demonstrate a systematic, contextual and critical knowledge and understanding of the key theories, concepts and principles of Equity and Trusts

• Critically understand the limitations of current law and proposals for reform.

• Consolidate skills of independent research, enquiry, analysis, synthesis and convey complex information from a wide range of sources.

• Reflect on and evaluate equitable concepts, doctrines, interests and remedies.

• Critically analyse the importance of formality requirements and distinguish between legal and equitable interests.

• Identify and categorise trusts, and critically evaluate the requirements for a valid trust.

• Critically analyse the rules applying to the creation and operation of trusts.