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Setting Aside of Contracts in U.S. and Australia, 2007.
A comparison of the setting aside of contracts in the United States and Australia.
2,309 words (approx. 9.2 pages), 10 sources, APA, $ 71.95
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Abstract
While the United States and Australia are literally a world apart geographically, the two countries share much in common today, including the English language; a legacy of British influence, customs and traditions; a comparable constitution; and, more importantly for the purposes of this discussion, the common law. The research shows that the respective contract laws that evolved over time in these two countries share this heritage, but some important differences have emerged that can make the difference between a successful contract and a failed one. Given the importance of timely and equitable adjudication of contracts of all types today, though, it is therefore important to understand when these legally binding instruments can be set aside and for what reasons. To this end, this paper provides the relevant background and a discussion of how and why contracts can be set aside in Australia and the United States. This is followed by a summary of the research and salient findings in the conclusion.
Outline:
Introduction
Review and Discussion
Background and Overview
Contract Law in Australia and the U.S. - Current and Future Trends
Conclusion
References
From the Paper
"In fact, the legal system used in the United States and in most of the member states of the Commonwealth of Nations, including Australia, in based on this body of common law. As a result, common law is differentiated from formal rules that were developed by the separate acts of equity, to statute law (i.e., the acts of legislative bodies), and to the legal system derived from civil law that is now more popular in continental Europe and elsewhere (Kiralfy 2006)."
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Contraction and Expansion in the U.S. Economy, 2005.
Examines the causes of contraction (2001-2003) and expansion (2003-2005) of the U.S. economy.
1,755 words (approx. 7.0 pages), 6 sources, APA, $ 56.95
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Abstract
This paper discusses capitalism and some of the causes of contraction and expansion in the U.S. economy. The paper shows that, even though the economy seems to be showing great numbers, it does not mean the economy is doing well. The overall economic health of the United States has been sending several mixed messages. The paper examines how the media shows that manufacturing orders are up and new home sales are also up. However, high unemployment figures, major problems with the airlines and growing trends of plant closings due to relocation and globalization send another message.
From the Paper
"Carl Marx's theory on performance within capitalist economies focuses on the rate of profit. In other words, as the rate of profit increases, capitalism as an entity remains prosperous. This entails that business investments would be high, unemployment would be low and the basic patterns and living standards of the society's workers would inherently rise. But, if that same rate of profit was to decline or to be generally low, prosperity would stop, investments would decline or worse, be nonexistent, unemployment would increase and the obvious result would be that living standards would decline."
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Modern Polices Forces in Britain, the U.S. and Australia, 2001.
A look at the development of the modern police force in Britain, the United States, and Australia.
2,445 words (approx. 9.8 pages), 5 sources, $ 74.95
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Abstract
This paper takes a look at the history of professional police forces in Britain, the US, and Australia, starting in the 18th century. Includes an analysis of the how the general population regards police.
From the Paper
"The modern day police force is often taken for granted. People assume that the police will always be there whenever needed and probably always have been. A second thought is rarely ever entered into of the origins of the police force. But it was not until the nineteenth century that a police force remotely similar to what we have come to know in the present time emerged. In times of rapid social change and widespread disorder, a force of individuals became necessary to uphold and enforce the public law."
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Confidentiality in the U.S. and Australia, 1993.
An examination of legal theory, evidentiary privilege in mediation, applications (attorney-client, doctor-patient), executive privilege and public interest, types of mediation, waivers and judicial issues.
9,000 words (approx. 36.0 pages), 20 sources, $ 135.95
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From the Paper
"Confidentiality and Mediation
This paper will discuss the issue of confidentiality and evidentiary privilege in the context of mediation. The first part of the paper will examine the background of confidentiality and privilege with respect to the attorney-client relationship, the physician-patient relationship, and the clergy-penitent relationship. It will also examine the scope of governmental privilege, especially with regards to executive privilege and state secrets, and public interest immunity. All of these privileges will be discussed under the laws of Australia and the United States. The second part of the paper will examine the current scope of confidentiality and evidentiary privilege with regards to the mediation setting, both in Australia and the United States. Among the issues which will be discussed in this..."
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Coal Mining in the U.S. and Australia, 1993.
A look at the types, hazards, unions, management, effects of culture, work ethic and automation.
1,125 words (approx. 4.5 pages), 5 sources, $ 39.95
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From the Paper
"Coal is one of the most commonly used fuels both commercially and by the consumer market. A combustible sedimentary rock, coal formed over many millions of years from the accumulation of plant material kept under pressure by the earth's surface. In addition to its direct use, coal by-products include ammonia, light oils and tar; these, in turn, yield benzene, drugs, fertilizer and insecticides.
Approximately one-half of the world's total coal output is consumed by power stations to generate electricity; an additional 25 percent is used in iron and steel manufacturing (Galuszka, 1986, p. 47). During 1986, Australia produced more than 170 million tons of coal, making it the world's ninth-largest producer of black coal. More than half of this amount was exported, primarily to Asia and specifically to Japan. New South..."
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Plea Bargaining in Australia, Canada & U.S., 1994.
Discusses the definitions & purpose, types, roles of judges, attorneys & victims, openness of process, appeals, public opinion and a comparison of advantanges & disadvantages in three nations. Includes case studies.
1,125 words (approx. 4.5 pages), 60 sources, $ 135.95
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From the Paper
"Plea Bargaining in Australia, Canada, and the U.S.
This paper will discuss the practice of plea bargaining in Australia, Canada, and the United States. The first part of the paper will discuss the definitions of plea bargaining and the process itself. The second, third, and fourth parts of the paper will examine the laws of each of the three countries concerning plea bargaining. The fifth and sixth parts of the paper will look at the roles of the prosecution and defense in the process. The seventh part of the paper will briefly examine the role of the public. The eighth part of the paper will discuss the role of victims. The final part of the paper will briefly discuss the effects of plea bargaining compared with trials."
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The U.S. and the U.N. Rights of the Child Convention, 2002.
This paper discusses why the U.S. hasn't signed the treaty on the U.N. Convention on the Rights of the Child.
5,060 words (approx. 20.2 pages), 8 sources, MLA, $ 127.95
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Abstract
This paper presents a detailed examination, written from a legal standpoint, of the treaty on the United Nations Convention on the Rights of Children. The paper concludes the U. S. is willing to intervene in other international problems, such as oil; and therefore, it should make a public statement to protect the world?s most precious commodity, children, by supporting the treaty.
Table of Contents
Introduction
What Is It
What It Protects
What about the Legal Standpoint
Why Is Treaty Needed
Why Won't the U.S. Sign?
Reasons for Signing the Treaty
From the Paper
"While there are many political reasons that the US may refuse to sign the treaty, one of the chief causes for concern might be the establishment of an International Criminal Court. Many UN delegates support the idea of an International Criminal Court but the United States has been steadfast in its refusal to agree. An international criminal court might begin the slippery slope of descent to the power of individual nations when it comes to many issues including the treaty.If the international criminal court gains favor and power in the future it is feasible that the court could be used to enforce the treaty."
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Multiculturalism in the U.S. and U.K., 2005.
This paper presents an analysis regarding the doctrine of multiculturalism.
904 words (approx. 3.6 pages), 4 sources, MLA, $ 31.95
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Abstract
In this article, the writer discusses the doctrine of multiculturalism. The writer offers an analysis of why such a doctrine is problematic. In order to examine the issue of multiculturalism, the writer uses examples from the public education systems in the U.S. and Great Britain to show the difficulties in treating all cultures as equal.
From the Paper
"Multiculturalism is defined by the Ayn Rand institute as the view that all cultures are equal. While this doctrine is often adopted in spirit if not in principle in the U.S. and Great Britain, multiculturalism is problematic as a term. For if all cultures are equal we cannot say that there is one superior way of being, one superior set of values or one superior method of educating individuals. However societies like America and Great Britain often adopt such methods values ... "
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Right To Jury Trial, 1992.
Focuses on the U.S. and Australia in context of the L.A.P.D. officers involved in the Rodney King beating case, the reason for riots in L.A., rights to jury trial in England, Australia and the U.S.
2,250 words (approx. 9.0 pages), 10 sources, $ 79.95
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From the Paper
"The Right To A Jury Trial
This paper will examine the right to a jury trial in the United States and Australia in the context of the acquittal of the four Los Angeles police officers accused of beating Rodney King and the ensuing riots in Los Angeles. First, the economic and social backgrounds of the riots will be examined, followed by a short history of the right to a jury trial in England and the United States. Then the right itself will be analyzed under U.S. and Australian law.
Most observers have identified two basic causes for the riots: 1) deteriorating economic conditions, especially in the affected locations of central and south-central Los Angeles; and 2) deteriorating social and moral conditions among the American population in general and certain minority populations in ..."
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Police Informants in the U.K., U.S.A. and Australia, 2004.
This paper reports and highlights the issues on the management of the police informants undertaken in Australia, United Kingdom and United States of America.
12,200 words (approx. 48.8 pages), 36 sources, MLA, $ 235.95
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Abstract
The purpose of this paper is to see how different countries handle police informants and face up to the problems associated with their use, especially those that lead to miscarriages of justice. Moreover, there have been only limited studies on police informants, most of which are greater than five years old. Since the use of police informants is widespread, and often vital in some police investigations, a thorough examination of how they are used is beneficial to understanding their unique role.
Outline
Abstract
Introduction
Rationale For the Study
Relevance of the Study
Review of Related Literature
Background
The Problem of the Human Source
Motivation
Criticisms/Problematic Issues of Informants Use
Ownership Issues
Legal Limitations
Australia
Becoming an Informant
Management Techniques
United Kingdom
Management Techniques
Safeguarding the Informant
United States of America
Becoming an Informant
Management Techniques
The Approach Utilized
Data Gathering and Utilizing Method
Comments on the Originality and Limitations of Data
Discussion
Differences
Themes
Conclusion
From the Paper
"All the informants are encouraged to expand their abilities, knowledge and suppleness through incessant learning. They give a wide variety of development opportunities to provide them for novel roles and to hold up the individual development plans that are an essential part of the evaluation system (Goldstein, 1987). On joining, all the informants enter a prearranged introduction program geared toward the work they are to take on. Informant officers pursue programs encompassing courses, work experience, as well as one-to-one mentoring. A number of expert staff arrives with the necessary experience and knowledge to take up assignments immediately, at the same time as others might undergo rigorous training (Goldstein, 1987)."
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The United Kingdom Commercial Real Estate Market, 2004.
An evaluation of impact on the U.K. commercial real estate market following the introduction of U.S.-style Real Estate Investment Trusts (REIT).
11,808 words (approx. 47.2 pages), 19 sources, MLA, $ 229.95
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Abstract
This paper analyzes the impact of the proposed REIT on the U.K. commercial real estate market and the benefits that they can provide the investing community. In view of its dynamic nature and complicated taxation and legal issues, it is necessary to make a thorough investigation of all pros and cons of REIT before the U.K. authorities go ahead with implementation. The U.S. is perhaps the most advanced market for REIT in terms of size, growth, and sophistication. A few countries, such as Germany, the Netherlands, Australia, Japan, Singapore, and Korea have REIT structures, and many of them are quite successful. The paper examines the impact of REIT on the U.K. market by analyzing the REIT mechanisms in the U.S. and other nations, such as Australia and Japan. The successful evolution of REIT in the U.S. is traced from its early years, and the impact of favorable legislation to the success of investment vehicles is highlighted. The paper explores the taxation and legal implications for REIT under the present taxation regime in the United Kingdom. The paper considers the different forms and structures of REIT and highlights the advantages and disadvantages from the viewpoint of returns for the investors. The paper also stresses the importance of tax-efficient and investor-friendly policies in determining the success of the REIT. The paper concludes that the U.S.-styled REIT will have a favorable impact on the commercial real estate market in the U.K., and the paper recommends that REIT be introduced as soon as possible due to growing investor interest in real estate. The paper makes specific recommendations as to the manner in which REIT should be introduced in the U.K..
Table of Contents
1. Introduction
2. Hypothesis
3. Theoretical Framework for REIT
4. Research & Hypothesis Testing
- REIT in the US
- Proposed REIT Structure in the UK
- Critical Success Factors for REIT in the UK
- Taxation Issues in REIT
- REIT in Japan
- REIT in Australia
5. Conclusions and Recommendations
6. Appendix
7. Bibliography
From the Paper
"A Real Estate Investment Trust (REIT) is defined as a corporation or a trust that accumulates capital from multiple investors to acquire and manage income property, called equity REIT and or mortgage loans, referred to as mortgage REIT. In many a sense, REITs are similar to equities as they are traded on major stock exchanges. REITs are eligible for several fiscal benefits compared to real ownership of properties. They are highly liquid and can be converted to cash in quick time, unlike the conventional real estate deals, where significant time elapses before a deal is completed. More importantly, REITs provide attractive opportunities to investors as they can share ownership in non-residential properties such as hotels, malls and industrial complexes. From the perspective of individuals, REITs are interesting because they have no minimum investment levels and hence affordability is not a major issue. In terms of returns on investment, they offer the comfort that they need not arise or fall in line with the overall market."
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The Plausibility of Setting in Fiction, 2008.
A comparative analysis of the contribution of the setting to the novels "The Three Strangers" by Thomas Hardy, "The Inn of The Two Witches" by Joseph Conrad and "Will O' The Mill" by Robert Louis Stevenson.
2,102 words (approx. 8.4 pages), 3 sources, MLA, $ 66.95
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Abstract
This paper discusses how plausibility in fiction is one of the vital aspects of literature and how there are many ways to make a literary work plausible - one of them being the setting. The paper examines three stories as examples to show how the setting contributes to the plausibility of the works. The paper first looks at how, in Thomas Hardy's "The Three Strangers", the setting, which is an isolated cottage, makes the story believable as it is far from the city and its dwellers are ignorant of the facts of daily city life. The paper then looks at Joseph Conrad's "The Inn of The Two Witches" and explains how the setting contributes to the story's gothic theme, as the setting is an inn again in an isolated area. The paper relates that, although there are supernatural characters in this story, the readers accept their existence easily and naturally because of the setting. Finally, the paper examines how, in Robert Louis Stevenson's "Will O' The Mill", the setting is a mill in a beautiful valley. The paper explains that the central character, Will, arrives at strange decisions, but when these decisions are thought within the setting, they seem plausible.
From the Paper
"Thomas Hardy sets his story "The Three Strangers" in a rural part of England. The story is about a farmer who holds a party to celebrate his newborn child. There is a heavy rain during the party and three strangers call on his cottage for a shelter. As the unknown guests speak, a curiosity is created because no one knows exactly who they are, where they come from and go to. The first two strangers tell their stories and their host and we, the readers, hope what they tell is true. The third strangers' visit heightens our excitement as he vanishes as soon as he appears in the cottage. At that moment some news arrive that a prisoner who waits his execution the next day has ran away from the prison. The dwellers of the cottage and their guests mistakenly think that the last stranger is the prisoner and goes after him. They catch him and he immediately reveals the fact. The fact is that the third stranger is the prisoner's brother, the prisoner is the first stranger and the second stranger is his executioner. Of course, the real prisoner is not caught."
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A Novel Setting, 2002.
An analysis of the choice of setting for William Golding's novel, "Lord of the Flies", illustrating how the setting determines how the story will unfold.
714 words (approx. 2.9 pages), 0 sources, $ 25.95
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Abstract
This paper analyzes the role of setting in the novel "Lord of the Flies" by William Golding. It analyzes how Golding uses the island as a microcosm of the world, and as an outlet for his thoughts concerning humanity. The paper portrays the relationship between the characters of the book, and shows how the setting plays a major role in the development of the plot and the conflict of order versus savagery.
From the Paper
"The central conflict in Lord of the Flies is the theme of order versus savagery, represented in the characters of Ralph and Jack, respectively. Ralph is the one who organized the first meeting, and was elected chief of the ?tribe?, but was later unseated by Jack. Jack is the head of the hunters in Ralph?s tribe, and eventually breaks off from Ralph?s tribe with his own followers. Jack?s followers resort to savagery and deceit to accomplish their goals and ultimately stay alive. In Lord of the Flies, the conflict does not occur in a specific place, but on the island as a whole. This general setting is beneficial in that it does not restrict the story to a specific part of the island."
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Mistakes in Contracts, 2005.
An examination of the implications of mistakes and misrepresentations in legal contracts.
1,524 words (approx. 6.1 pages), 6 sources, MLA, $ 50.95
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Abstract
Generally speaking, a contract is an agreement that is enforceable through the courts. Clearly, in order for all of the parties to any given contract to achieve the desired goals of the agreement, everyone involved must be informed of the circumstances and facts surrounding the agreement. It is important to capture all of the elements required for its execution when crafting the instrument. People - even lawyers - are only human, though, and intentional and unintentional mistakes and misrepresentations are sometimes made in contracts that can have profound implications for all of the parties involved. To gain a better understanding of what these implications might be, this paper provides an overview of contract law, and what the authorities have to say about contracts containing mistakes and misrepresentations. A summary of the research is provided in the conclusion.
Outline
Introduction
Review and Discussion
Background and Overview
Mistakes and Misrepresentations in Contracts
Elements Required for a Contract to be Valid
Conclusion
References
From the Paper
"The research showed that contracts are a special type of agreement between two or more parties that is enforceable in court. In order for a contract to be enforceable, though, the three key elements of consideration, capacity, and legality must be satisfied. To meet the legality element of this formula, a contract must be free of misrepresentations; however, mistakes can and are made all of the time in contracts and these can be remedied if all of the parties agree to it. In many cases, though, courts will enforce contracts even if they contain mistakes if the contract was made in good faith and satisfies the other requisite elements. Misrepresentations, though, generally represents a death blow to any contract if it is determined that one or more parties intentionally misled the other party or parties, and mistakes based on such misrepresentations will not be a legitimate defense for this misrepresenting party or parties."
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Contract Law: Breach of Contract, 2008.
A discussion of the law of contract, and especially laws that apply to breach of contract.
1,347 words (approx. 5.4 pages), 4 sources, APA, $ 45.95
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Abstract
This paper discusses laws that apply to breach of contract, related to an interview the writer conducted with Mr. James Pflanz (a lawyer specializing in small business issues). The writer explains how the law of contract is part of private law, and is designed to make sure that parties to a contract keep their promises to each other, and to provide remedies if parties do not keep their promises. The writer further discusses how in the case of partial or complete breach of contract, the wronged party may use contract law to try and get a remedy, which is usually damages. The writer asserts that it is very important in business to have a really good contract drawn up by a lawyer, so that a party does not suffer undue losses due to breach of a poorly written contract.
From the Paper
"One of the main purposes of contract law is to promote cooperation between parties, and make them keep their promises to each other. When parties cooperate and keep their promises, they can achieve success. However, if they do not work together and cooperate, or if they break their promise, then things can go very wrong. Money may be lost, and it may become a situation where the different parties blame each other for losses. Or else, it may be that a party does not do what they were supposed to do, or do it properly. In this situation, the law of contract lays down ways in which the wronged party can sue for breach of contract. This is the kind of situation I uncovered in a personal interview with Mr. James Pflanz, a lawyer specializing in small business issues."
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