Explain your views concerning the effectiveness of ASIC as a corporate regulator and enforcer of the Corporations Act 2001.

AUSTRALIAN CORPORATIONS LAW
The Hayne Royal Commission was critical of the role of industry regulators, ASIC and APRA. In the Commission’s Final Report , Hayne argued that ASIC’s enforcement culture needed to change.
Explain your views concerning the effectiveness of ASIC as a corporate regulator and enforcer of the Corporations Act 2001. Your answer should carefully consider the enforcement methods available to ASIC under the Act and may take into consideration additional resources, especially relevant legal academic journal articles and case law.

Using relevant legislation and case examples to support your arguments, discuss whether or not the board of FF has any reason to take legal action against Lew and if they are likely to be successful if they do.

What relevance does Hickman have to local government and planning law in Australia?What is the common law origin of this?

LOCAL GOVERNMENT LAW

Consider Bushfire Survivors for Climate Action Inc v Environmental Protection Authority  NSWLEC 92

Outline the:

Relevant facts
Issue(s)
Relevant Finding(s)
Decision
Relevance to planning law in NSW.

Consider Peabody Pastoral Holdings Pty Ltd v Mid-Western Regional Council . NSWLEC 86

Outline the:
Relevant facts
Issue(s)
Decision
Relevance to planning law in NSW

Consider Queanbeyan City Council v ACTEW Corporation Ltd [2011] HCA 40
Outline the:

Relevant facts
Issue(s)
Decision
What the numerous interventions indicate.

4. The Hickman Principle
With regard to the Hickman Principle or Hickman Approach:
What is the common law origin of this?
What are the key elements?
b) What relevance does Hickman have to local government and planning law in Australia?
Identify as examples at least two statutory references

 

Critically evaluate the capacity of shareholders to participate in the governance of their corporations, making specific reference to the UK Corporate Governance Code.

Company law

‘Enhancing shareholder powers cannot improve corporate governance if shareholders do
not wish to exercise their powers’.

Critically evaluate the capacity of shareholders to
participate in the governance of their corporations, making specific reference to the UK
Corporate Governance Code.

Students will be assessed on the following criteria:
• The structure of the work so that statements, arguments and conclusions flow
coherently and logically .
• Evaluation of the relevant legal and non legal issues and arguments
• Communication in good English .
• Critical analysis of the relevant issues and arguments in the area, identifying
and evaluating competing perspectives whilst showing an awareness of present-day
topical issues and new concepts.
• Presentation of the law within its wider context.
• Critical and creative reflection on the material used and conclusions reached;
• Depth and breadth of research, with the ability to judge the significant.

In addition to a 42 U.S.C. § 1983 cause of action, what other cause(s) of action may be available to Sam? Do you think Sam will prevail? Why, or why not? What remedies, if any, are available to Sam for the causes of action you discussed?

PA 301: ADMINISTRATIVE LAW
UNIT 8 DISCUSSION INSTRUCTIONS

Sam Smith is a business owner who frequently travels internationally. He is a large man with wavy black hair and a heavy beard, and while he is of European descent, he is frequently mistaken as Middle Eastern. When Sam was checking in at the Los Angeles airport for a business flight to Spain, an employee of the Transportation Security Administration decided that, because Sam had no carry-on baggage and was dressed in a business suit, he appeared suspicious. The employee detained Sam for more than 2 hours in a locked room, causing Sam to miss his flight. During the period Sam was detained, he was not permitted use of a telephone and was handcuffed.
Sam has retained the attorney, for whom you work, to bring an action for damages under 42 U.S.C. § 1983. Answer the following questions:
Do you think Sam will prevail in a 42 U.S.C. § 1983 cause of action against the TSA? Why, or why not?
In addition to a 42 U.S.C. § 1983 cause of action, what other cause(s) of action may be available to Sam? Do you think Sam will prevail? Why, or why not?
What remedies, if any, are available to Sam for the causes of action you discussed?

Explain what happened that led to the ethical violation by the attorney in question. What sanction was imposed? Do you feel that the ethics committee/board took the appropriate action?

LS 308: LAW & SOCIETY
UNIT 8 DISCUSSION INSTRUCTIONS

This week you learned about the legal profession. One concern highlighted in the text was the fact that the legal profession regulates itself when it comes to ethical violations. Should lawyers be determining if a colleague has committed an ethical violation and what type of sanction, if any, should be imposed?

Or should this be left to a different body?
Conduct some research. Find a case from your home state where an attorney was sanctioned for an ethical violation. Each state bar will have a way to file complaints as well as publications of attorney sanctions. Here is one example from the Florida Bar.
Find an example from your jurisdiction .

Explain what happened that led to the ethical violation by the attorney in question. What sanction was imposed? Do you feel that the ethics committee/board took the appropriate action? Why or why not? Address some of the concerns raised in the text.

Demonstrate an ability to take an evaluative perspective on the importance of the rule of law within our existing constitutional arrangements and in relation to the functioning and accountability of government

You must comply with OSCOLA referencing rules. Please consult the guides available in the library on OSCOLA alty, which can range from the standard penalty to others that are much more severe.
You must employ a consistent referencing system throughout your work.
5. Module learning outcomes relating to this assessment
This specific question has been set to meet the following module learning outcomes:
Identify the key institutions of the State and examine the relationship between them;
Demonstrate an ability to evaluate key concepts and/or constitutional theories of law with reference to
case law and/or statute;
Identify and examine the methods by which public bodies may be challenged;
Demonstrate an ability to take an evaluative perspective on the importance of the rule of law within our existing constitutional arrangements and in relation to the functioning and accountability of government;
Demonstrate legal research and formal academic writing skills

What damages are you looking to refute? Why? Who is responsible if you are not?Discuss.

List in bullet point any facts/details that you are adding to the case summary and will list any applicable torts you to your claim . Torts may be listed in bullet point with a 1-3 sentence explanation on their relevance.
You are to prepare a statement of defence and identify any alleged injury/injuries suffered by the plaintiffs or damages you do not believe you are responsible for.
In this scenario, you will include both Zhao and Henry’s claims, one after the other.
In a separate section, you are to provide case law applicable in support of your argument. You are to provide (2) cases with a 3-5 sentence summary of each case and a separate paragraph to summarize why the cases provided are in support of your position.
Instructions for Making a Statement of Defense
– Who is the plaintiff? – What happened in detail? o Include dates, locations, witnesses
– What damages are you looking to refute? Why? Who is responsible if you are not?

Identify the necessary steps to be taken to avoid liability in confidentiality matters.Apply the duties relating to confidentiality in practice in a legal context.

Client Care Skills
On successful completion of this assessment, you will be able:
Knowledge and Understanding
1. Understand the relevant rules and issues governing the relationship with the client in the context of the principles relating to confidentiality.

2. Understand more of the relevant professional requirements of client care communications.
3. Demonstrate a knowledge of the dangers facing lawyers who breach confidentiality principles.
Practical, Professional or Subject Specific Skills
1.Apply the duties relating to confidentiality in practice in a legal context.
2. Recognise the risk for lawyers in potential, practical confidentiality situations.
3. Identify the necessary steps to be taken to avoid liability in confidentiality matters.

Discuss the difficulty of successfully demonstrating point number two.articulate WHY in your answers.

The Assistance of Counsel

The Court assumes that effective assistance of counsel is present unless the adversarial process is so undermined by counsel’s conduct that the trial cannot be relied upon to have produced a just result. An accused who claims ineffective counsel must show the following: (1) deficient performance by counsel and (2) a reasonable probability that a competent attorney would have led to a different outcome (Strickland v. Washington, 466 U.S. 668. Discuss the difficulty of successfully demonstrating point number two.articulate WHY in your answers.

Reply to two of your peers providing an enhanced and substantial response to their original post.

Why did UK join EEC, importance of EEC, and were those benefits real or did not fulfil the promises?

UK and Brexit

“The United Kingdom  has left the European Union and will once again be free to make its own laws, post the Brexit Transition period. Some argue that the UK’s parliamentary sovereignty was indeed undermined by the EU and that the UK has finally got back its independence. It is likely that the UK will regret Brexit.”
In relation to the above quote is this alleged new found independence real or just a façade?
In your answer refer to relevant court decisions to support your arguments.
LENGTH 1500 words maximum

What Parliamentary sovereignty is?
* You may talk about origins of the idea of Parliamentary sovereignty. Divine Rights vs
* Bill of Rights 1689 and Claim of Rights
* Why did UK join EEC, importance of EEC, and were those benefits real or did not fulfil the promises?
The respective powers of the 3 branches of government
* Legislature
* Executive
* Judiciary
Has joining EU compromised Parliamentary Sovereignty?