Australian Capital Territory
The Australian Capital Territory known as the Federal Capital Territory until 1938 and referred to as the ACT, is a federal territory of Australia containing the Australian capital city of Canberra and some surrounding townships. It is enclaved within the state of New South Wales. Founded after federation as the seat of government for the new nation, all important institutions of the Australian federal government are centred in the Territory. On 1 January 1901, federation of the colonies of Australia was achieved. Section 125 of the new Australian Constitution provided that land, situated in New South Wales and at least 100 miles from Sydney, would be ceded to the new federal government. Following discussion and exploration of various areas within New South Wales, the Seat of Government Act 1908 was passed in 1908 which specified a capital in the Yass-Canberra region; the territory was transferred to the Commonwealth by New South Wales in 1911, two years prior to the capital city being founded and formally named as Canberra in 1913.
While the overwhelming majority of the population reside in the city of Canberra in the ACT's north-east, the Territory includes some surrounding townships such as Williamsdale, Uriarra and Hall. The ACT includes the Namadgi National Park which comprises the majority of land area of the Territory. Despite a common misconception, the Jervis Bay Territory is not part of the ACT although the laws of the Australian Capital Territory apply as if Jervis Bay did form part of the ACT; the Territory has a dry, contintental climate experiencing warm to hot summers and cool to cold winters. The Australian Capital Territory is home to many important institutions of the federal government, national monuments and museums; this includes the Parliament of Australia, the High Court of Australia, the Australian Defence Force Academy and the Australian War Memorial. It hosts the majority of foreign embassies in Australia as well as regional headquarters of many international organisations, not-for-profit groups, lobbying groups and professional associations.
Several major universities have campuses in the ACT including the Australian National University, the University of Canberra, the University of New South Wales, Charles Sturt University and the Australian Catholic University. A locally elected legislative assembly has governed the Territory since 1988. However, the Commonwealth may overturn local laws, it still maintains control over the area known as the Parliamentary Triangle through the National Capital Authority. Residents of the Territory elect three members to the House of Representatives and two Senators to the Australian Senate. With 419,200 residents, the Australian Capital Territory is second smallest mainland state or territory by population. At the 2016 census, the median weekly income for people in the Territory aged over 15 was $998 and higher than the national average of $662; the average level of degree qualification in the ACT is higher than the national average. Within the ACT, 37.1% of the population hold a bachelor degree level or above education compared to the national figure of 20%.
Indigenous Australian peoples have long inhabited the area. Evidence indicates habitation dating back at least 21,000 years, it is possible that the area was inhabited for longer, with evidence of an Aboriginal presence in south-western New South Wales dating back around 40,000–62,000 years. The principal group occupying the region were the Ngunnawal people. Following European settlement, the growth of the new colony of New South Wales led to an increasing demand for arable land. Governor Lachlan Macquarie supported expeditions to open up new lands to the south of Sydney; the 1820s saw further exploration in the Canberra area associated with the construction of a road from Sydney to the Goulburn plains. While working on the project, Charles Throsby learned of a nearby lake and river from the local Indigenous peoples and he accordingly sent Wild to lead a small party to investigate the site; the search was unsuccessful, but they did discover the Yass River and it is surmised that they would have set foot on part of the future territory.
A second expedition was mounted shortly thereafter and they became the first Europeans to camp at the Molonglo and Queanbeyan Rivers. However, they failed to find the Murrumbidgee River; the issue of the Murrumbidgee was solved in 1821 when Charles Throsby mounted a third expedition and reached the watercourse, on the way providing the first detailed account of the land where Canberra now resides. The last expedition in the region prior to settlement was undertaken by Allan Cunningham in 1824, he reported that the region was suitable for grazing and the settlement of the Limestone Plains followed thereafter. The first land grant in the region was made to Joshua John Moore in 1823 and European settlement in the area began in 1824 with the construction of a homestead by his stockmen on what is now the Acton Peninsula. Moore formally named the property Canberry or Canberra. A significant influx of population and economic activity occurred around the 1850s goldrushes; the goldrushes prompted the establishment of communication between Sydney and the region by way of the Cobb & Co coaches, which transported mail and passengers.
The first post offices opened in Ginninderra in 1859 and at Lanyon in 1860. During colonial times, the European communities of Ginninderra and Tuggeranong settled and farmed the surrounding land; the region was called the Queanbeyan-Yass district, after the two largest towns in the area. The villages of Ginninderra and Tharwa developed to service the local agra
Commonwealth of Nations
The Commonwealth of Nations known as the Commonwealth, is a unique political association of 53 member states, nearly all of them former territories of the British Empire. The chief institutions of the organisation are the Commonwealth Secretariat, which focuses on intergovernmental aspects, the Commonwealth Foundation, which focuses on non-governmental relations between member states; the Commonwealth dates back to the first half of the 20th century with the decolonisation of the British Empire through increased self-governance of its territories. It was created as the British Commonwealth through the Balfour Declaration at the 1926 Imperial Conference, formalised by the United Kingdom through the Statute of Westminster in 1931; the current Commonwealth of Nations was formally constituted by the London Declaration in 1949, which modernised the community, established the member states as "free and equal". The human symbol of this free association is the Head of the Commonwealth Queen Elizabeth II, the 2018 Commonwealth Heads of Government Meeting appointed Charles, Prince of Wales to be her designated successor, although the position is not technically hereditary.
The Queen is the head of state of 16 member states, known as the Commonwealth realms, while 32 other members are republics and five others have different monarchs. Member states have no legal obligations to one another. Instead, they are united by English language, history and their shared values of democracy, human rights and the rule of law; these values are enshrined in the Commonwealth Charter and promoted by the quadrennial Commonwealth Games. The countries of the Commonwealth cover more than 29,958,050 km2, equivalent to 20% of the world's land area, span all six inhabited continents. Queen Elizabeth II, in her address to Canada on Dominion Day in 1959, pointed out that the confederation of Canada on 1 July 1867 had been the birth of the "first independent country within the British Empire", she declared: "So, it marks the beginning of that free association of independent states, now known as the Commonwealth of Nations." As long ago as 1884 Lord Rosebery, while visiting Australia, had described the changing British Empire, as some of its colonies became more independent, as a "Commonwealth of Nations".
Conferences of British and colonial prime ministers occurred periodically from the first one in 1887, leading to the creation of the Imperial Conferences in 1911. The Commonwealth developed from the imperial conferences. A specific proposal was presented by Jan Smuts in 1917 when he coined the term "the British Commonwealth of Nations" and envisioned the "future constitutional relations and readjustments in essence" at the Paris Peace Conference of 1919, attended by delegates from the Dominions as well as Britain; the term first received imperial statutory recognition in the Anglo-Irish Treaty of 1921, when the term British Commonwealth of Nations was substituted for British Empire in the wording of the oath taken by members of parliament of the Irish Free State. In the Balfour Declaration at the 1926 Imperial Conference and its dominions agreed they were "equal in status, in no way subordinate one to another in any aspect of their domestic or external affairs, though united by common allegiance to the Crown, associated as members of the British Commonwealth of Nations".
The term "Commonwealth" was adopted to describe the community. These aspects to the relationship were formalised by the Statute of Westminster in 1931, which applied to Canada without the need for ratification, but Australia, New Zealand, Newfoundland had to ratify the statute for it to take effect. Newfoundland never did, as on 16 February 1934, with the consent of its parliament, the government of Newfoundland voluntarily ended and governance reverted to direct control from London. Newfoundland joined Canada as its 10th province in 1949. Australia and New Zealand ratified the Statute in 1947 respectively. Although the Union of South Africa was not among the Dominions that needed to adopt the Statute of Westminster for it to take effect, two laws—the Status of the Union Act, 1934, the Royal Executive Functions and Seals Act of 1934—were passed to confirm South Africa's status as a sovereign state. After the Second World War ended, the British Empire was dismantled. Most of its components have become independent countries, whether Commonwealth realms or republics, members of the Commonwealth.
There remain the 14 self-governing British overseas territories which retain some political association with the United Kingdom. In April 1949, following the London Declaration, the word "British" was dropped from the title of the Commonwealth to reflect its changing nature. Burma and Aden are the only states that were British colonies at the time of the war not to have joined the Commonwealth upon independence. Former British protectorates and mandates that did not become members of the Commonwealth are Egypt, Transjordan, Sudan, British Somaliland, Bahrain, Oman and the United Arab Emirates; the postwar Commonwealth was given a fresh mission by Queen Elizabeth in her Christmas Day 1953 broadcast, in which she envisioned the Commonwealth as "an new conception – built on the highest qualities of the Spirit of Man: friendship and the desire for freedom and peace". Hoped for success was reinforced by such achievements as climbing Mount Everest in 1953, breaking the four-minute mile in 1954
Eviction is the removal of a tenant from rental property by the landlord. In some jurisdictions it may involve the removal of persons from premises that were foreclosed by a mortgagee. Depending on the laws of the jurisdiction, eviction may be known as unlawful detainer, summary possession, summary dispossess, summary process, forcible detainer and repossession, among other terms; the term eviction is the most used in communications between the landlord and tenant. Depending on the jurisdiction involved, before a tenant can be evicted, a landlord must win an eviction lawsuit or prevail in another step in the legal process, it should be borne in mind that eviction, as with ejectment and certain other related terms, has precise meanings only in certain historical contexts, or with respect to specific jurisdictions. In present-day practice and procedure, there has come to be a wide variation in the content of these terms from jurisdiction to jurisdiction; the legal aspects and provisions for eviction, by whatever name, vary between countries or states with similar legal structures.
Most jurisdictions do not permit the landlord to evict a tenant without first taking legal action to do so. Such evictions are illegal at any time during the process. However, self-help evictions may be permitted in some jurisdictions when commercial tenants are involved, as opposed to residential tenants. Prior to filing a suit in court for eviction the landlord must provide written notice to the tenant. If the tenant remains in possession of the property after the notice to vacate has expired, the landlord can serve the tenant with a lawsuit. Depending on the jurisdiction, the tenant may be required to submit a written response by a specified date, after which time another date is set for the trial. Other jurisdictions may require the tenant to appear in court on a specified date. Eviction cases are expedited since the issue is time-sensitive. A jury trial may be requested by either party, however until the late 2000s, uncommon; as mentioned above, most jurisdictions do not allow a landlord to evict a tenant without legal action being taken first if the landlord is successful in court.
Instead, the landlord would have to obtain a writ of possession from the court and present it to the appropriate law enforcement officer. The officer posts a notice for the tenant on the property that the officer will remove the tenant and any other people on the property, though some jurisdictions will not enforce the writ if, on that day, inclement weather is taking place; as gentrification and the re-population of urban centers by wealthier residents takes place, no-fault evictions are used as a tool to displace tenants in cities with rent control. In California, for example, the Ellis Act allows eviction of rent-controlled tenants if the landlord intends to no longer rent any portion of an apartment building; the Ellis Act has been applied to rentals in Santa Monica and Los Angeles. Some areas have "just cause eviction" laws, which prevents evictions for reasons other than an approved list. For example, the law in Seattle, Washington requires a court order and allows evictions for: Failure to pay rent or late payments after written warning more than four times per year The tenant has failed to correct a violation of the lease or laws concerning public nuisance, unlawful business, or habitually causes warnings to be issued with corrections made The owner's family is moving into the unit, no adequate other units are available The sale of a single-family home Tenant-employees who are no longer employees Renovation, demolition, or conversion to non-residential use Violation of a legal requirement, such as building suitability or number of occupants Tenants who live with the owner If drug or health and safety-related crimes are committed on the property, street, or neighboring propertiesMassachusetts law allows landlords to evict leased tenants only if one of three conditions are met: Failure to pay rent Violation of the terms of the lease agreement by the tenant Excessive damage caused to the rental property by the tenant or persons under the tenant's control In the United States of America, rules for evictions and the eviction process are ruled by each state, local county, city rules.
Cure or quit Ejectment Foreclosure Forcible entry Lease Population transfer Quiet title Retaliatory eviction Soldal v. Cook County The Registry Unlawful eviction and harassment Good Cause Eviction Fighting Tenants Who Fight Eviction New York State housing rights guide Renters in the Crosshairs from Dollars & Sense, March/April 2009 The National Landlord Tenant Guide to Eviction All 50 States California Consumer Dept Guide
A statute is a formal written enactment of a legislative authority that governs a city, state, or country. Statutes command or prohibit something, or declare policy. Statutes are rules made by legislative bodies. In all countries, newly enacted statutes are published in a Government gazette, distributed so that everyone can look up the statutory law. A universal problem encountered by lawmakers throughout human history is how to organize published statutes; such publications have a habit of starting small but growing over time, as new statutes are enacted in response to the exigencies of the moment. Persons trying to find the law are forced to sort through an enormous number of statutes enacted at various points in time to determine which portions are still in effect; the solution adopted in many countries is to organize existing statutory law in topical arrangements within publications called codes ensure that new statutes are drafted so that they add, repeal or move various code sections. In turn, in theory, the code will thenceforth reflect the current cumulative state of the statutory law in that jurisdiction.
In many nations statutory law is subordinate to constitutional law. The term statute is used to refer to an International treaty that establishes an institution, such as the Statute of the European Central Bank, a protocol to the international courts as well, such as the Statute of the International Court of Justice and the Rome Statute of the International Criminal Court. Statute is another word for law; the term was adapted from England in about the 18th century. In the Autonomous Communities of Spain, the autonomy statute is a legal document similar to a state constitution in a federated state; the autonomies statutes in Spain have the rank of "Ley Organica", a category of special laws reserved only for the main institutions and issues and mentioned in the Constitution. Leyes Organicas rank between ordinary laws; the name was chosen, among others. In biblical terminology, statute refers to a law given without any justification; the classic example is the statute regarding the Red Heifer. The opposite of a chok is a mishpat, a law given for a specified reason, e.g. the Sabbath laws, which were given because "God created the world in six days, but on the seventh day He rested".
That which upholds, supports or maintains the regulatory order of the universe meaning the Law or Natural Law. This is a concept of central importance in Indian religion. Constitution Legislation Legislature Organic statute Statutory law Super statute
Criminal Code (Canada)
The Criminal Code is a law that codifies most criminal offences and procedures in Canada. Its official long title is "An Act respecting the criminal law". Section 91 of the Constitution Act, 1867 establishes the sole jurisdiction of Parliament over criminal law in Canada; the Criminal Code most are part of the common law rather than statute. Important Canadian criminal laws not forming part of the code include the Firearms Act, the Controlled Drugs and Substances Act, the Canada Evidence Act, the Food and Drugs Act, the Youth Criminal Justice Act and the Contraventions Act. One of the conveniences of the criminal code was that it constituted the principle that no person would be able to be convicted of a crime unless otherwise outlined and stated in a statute; this legal document has played a major part in Canada's history and has helped form other legal acts and laws, for example the Controlled Drugs and Substances Act. The main body of the Criminal Code is divided into the following major components: Part I – General Part II – Offences Against Public Order Part II.1 – Terrorism Part III – Firearms and Other Weapons Part IV – Offences Against the Administration of Law and Justice Part V – Sexual Offences, Public Morals and Disorderly Conduct Part VI – Invasion of Privacy Part VII – Disorderly Houses and Betting Part VIII – Offences Against the Person and Reputation Part VIII.1 - Offences Relating to Conveyances Part IX – Offences Against Rights of Property Part X – Fraudulent Transactions Relating to Contracts and Trade Part XI – Wilful and Forbidden Acts in Respect of Certain Property Part XII – Offences Relating to Currency Part XII.2 – Proceeds of Crime Part XIII – Attempts-Conspiracies-Accessories Part XIV – Jurisdiction Part XV – Special Procedure and Powers Part XVI – Compelling Appearance of an Accused Before a Justice and Interim Release Part XVII – Language of Accused Part XVIII – Procedure on Preliminary Inquiry Part XVIII.1 - Case Management Judge Part XIX – Indictable Offences-Trial Without a Jury Part XIX.1 – Nunavut Court of Justice Part XX – Procedure in Jury Trials and General Provisions Part XX.1 – Mental Disorder Part XXI – Appeals-Indictable Offences Part XXI.1 – Applications for Ministerial Review-Miscarriages of Justice Part XXII – Procuring Attendance Part XXII.1 - Remediation Agreements Part XXIII – Sentencing Part XXIV – Dangerous Offenders and Long-Term Offenders Part XXV – Effect and Enforcement of Recognizances Part XXVI – Extraordinary Remedies Part XXVII – Summary Convictions Part XXVIII – MiscellaneousThe main body is followed by schedules relating to some of the above-mentioned Parts and a series of prescribed legal forms, such as Form 5 which sets out the proper legal wording for a search warrant.
The Criminal Code has been revised numerous times, has seen its application affected by other significant legislation: Criminal law in Canada Criminal Code Criminal Code at The Canadian Encyclopedia Canadian Legal Information Institute contains the CCoC in a searchable database
Strangling is compression of the neck that may lead to unconsciousness or death by causing an hypoxic state in the brain. Fatal strangling occurs in cases of violence, is one of two main ways that hanging causes death. Strangling does not have to be fatal. Strangling can be divided into three general types according to the mechanism used: Hanging—Suspension from a cord wound around the neck Ligature strangulation—Strangulation without suspension using some form of cord-like object called a garrote Manual strangulation—Strangulation using the fingers or other extremity Strangling involves one or several mechanisms that interfere with the normal flow of oxygen into the brain: Compression of the carotid arteries or jugular veins—causing cerebral ischemia. Compression of the laryngopharynx, larynx, or trachea—causing asphyxia. Stimulation of the carotid sinus reflex—causing bradycardia, hypotension, or both. Depending on the particular method of strangulation, one or several of these occur in combination.
Complete obstruction of blood flow to the brain is associated with irreversible neurological damage and death, but during strangulation there is still unimpeded blood flow in the vertebral arteries. Estimates have been made that significant occlusion of the carotid arteries and jugular veins occurs with a pressure of around 3.4 N/cm2, while the trachea demands six times more at 22 N/cm2. As in all cases of strangulation, the rapidity of death can be affected by the susceptibility to carotid sinus stimulation. Carotid sinus reflex death is sometimes considered a mechanism of death in cases of strangulation, but it remains disputed; the reported time from application to unconsciousness varies from 7–14 seconds if applied to one minute in other cases, with death occurring minutes after unconsciousness. Manual strangulation is strangling with the hands, fingers, or other extremities and sometimes with blunt objects, such as batons. Depending on how the strangling is performed, it may compress the airway, interfere with the flow of blood in the neck, or work as a combination of the two.
Manual strangulation may damage the larynx, fracture the hyoid or other bones in the neck. In cases of airway compression, manual strangling leads to the frightening sensation of air hunger and may induce violent struggling. More technical variants of manual strangulation are referred to as chokeholds, are extensively practised and used in various martial arts, combat sports, self-defense systems, in military hand-to-hand combat application. In some martial arts like judo and jujutsu, strangles or chokes that constrict blood flow are regarded as a safe way to render the opponent unconscious as opposed to other attacks, e.g. strikes to the head. During the 18th century, a sentence of "Death by Throttling" would be passed upon the verdict of a Court Martial for the crime of desertion from the British Army. Ligature strangulation is strangling with some form of cord such as rope, wire, or shoe laces, either or circumferencing the neck. Though the mechanism of strangulation is similar, it is distinguished from hanging by the strangling force being something other than the person's own bodyweight.
Incomplete occlusion of the carotid arteries is expected and, in cases of homicide, the victim may struggle for a period of time, with unconsciousness occurring in 10 to 15 seconds. Cases of ligature strangulation involve homicides of women and the elderly, but accidents and suicides occur as well. Compared to hanging, the ligature mark will most be located lower on the neck of the victim. During the Spanish Inquisition, victims who admitted their alleged sins and recanted were killed via ligature strangulation before their bodies were burnt during the auto-da-fé. Throughout much of the 20th and 21st centuries, the American Mafia used ligature strangulation as a means of murdering their victims. Confessed American serial killer Altemio Sanchez used ligature strangulation in the rapes and/or murders of his victims, as did Gary Ridgway, the Green River Killer. Capital punishment Fainting game Hanging Long drop Neil. Judo Unleashed. ISBN 0-07-147534-6. Basic reference on judo choking techniques
Bribery is the act of giving or receiving something of value in exchange for some kind of influence or action in return, that the recipient would otherwise not offer. Bribery is defined by Black's Law Dictionary as the offering, receiving, or soliciting of any item of value to influence the actions of an official or other person in charge of a public or legal duty. Bribery is offering to do something for someone for the expressed purpose of receiving something in exchange. Gifts of money or other items of value which are otherwise available to everyone on an equivalent basis, not for dishonest purposes, is not bribery. Offering a discount or a refund to all purchasers is not bribery. For example, it is legal for an employee of a Public Utilities Commission involved in electric rate regulation to accept a rebate on electric service that reduces their cost for electricity, when the rebate is available to other residential electric customers. Giving the rebate to influence them to look favorably on the electric utility's rate increase applications, would be considered bribery.
A bribe is the gift bestowed to influence the recipient's conduct. It may be money, rights in action, preferment, emolument, objects of value, advantage, or a promise to induce or influence the action, vote, or influence of a person in an official or public capacity. Many types of payments or favors can constitute bribes: tip, sop, skim, discount, waived fee/ticket, free food, free ad, free trip, free tickets, sweetheart deal, kickback/payback, inflated sale of an object or property, lucrative contract, campaign contribution, sponsorship/backing, higher paying job, stock options, secret commission, or promotion. One must be careful of differing cultural norms when examining bribery. Expectations of when a monetary transaction is appropriate can differ from place to place. Political campaign contributions in the form of cash, for example, are considered criminal acts of bribery in some countries, while in the United States, provided they adhere to election law, are legal. Tipping, for example, is considered bribery in some societies, while in others the two concepts may not be interchangeable.
In some Spanish-speaking countries, bribes are referred to as "mordida". In Arab countries, bribes may be called baksheesh or "shay". French-speaking countries use the expressions "dessous-de-table", "pot-de-vin", or "commission occulte". While the last two expressions contain inherently a negative connotation, the expression "dessous-de-table" can be understood as a accepted business practice. In German, the common term is Schmiergeld; the offence may be divided into two great classes: the one, where a person invested with power is induced by payment to use it unjustly. The briber might hold a powerful role and control the transaction; the forms that bribery take are numerous. For example, a motorist might bribe a police officer not to issue a ticket for speeding, a citizen seeking paperwork or utility line connections might bribe a functionary for faster service. Bribery may take the form of a secret commission, a profit made by an agent, in the course of his employment, without the knowledge of his principal.
Euphemisms abound for this Bribers and recipients of bribery are numerous although bribers have one common denominator and, the financial ability to bribe. According to BBC news U. K, "bribery around the world is estimated at about $1 trillion"; as indicated on the pages devoted to political corruption, efforts have been made in recent years by the international community to encourage countries to dissociate and incriminate as separate offences and passive bribery. From a legal point of view, active bribery can be defined for instance as the promising, offering or giving by any person, directly or indirectly, of any undue advantage, for himself or herself or for anyone else, for him or her to act or refrain from acting in the exercise of his or her functions.. Passive bribery can be defined as the request or receipt, directly or indirectly, of any undue advantage, for himself or herself or for anyone else, or the acceptance of an offer or a promise of such an advantage, to act or refrain from acting in the exercise of his or her functions.
The reason for this dissociation is to make the early steps of a corrupt deal an offence and, thus, to give a clear signal that bribery is not acceptable. Besides, such a dissociation makes the prosecution of bribery offences easier since it can be difficult to prove that two parties have formally agreed upon a corrupt deal. Besides, there is no such formal deal but only a mutual understanding, for instance when it is common knowledge in a municipality that to obtain a building permit one has to pay a "fee" to the decision maker to obtain a favourable decision. A grey area may exist. United States law is strict in li