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Facts of Australian Gun Laws

Posted by admin | Posted in Law and legal | Posted on 02-05-2010

Initiation of firearms in Australia was primarily due to European settlement. Military engagements, crime fighting, hunting etc were its initial uses. Since January 26th 1788, conflict was initiated by the Europeans with the aboriginals of Australia over animals, admittance to fenced land etc which resulted into mass killing of the aboriginals.
Before and through the 20th century the low percentage of vicious crime was the reason which diverted public concern away from usage of firearms. However, the Australian  government was compelled to bring together more restraining firearms legislations with all state government since last 20 years due to the numerous mass killings. It is only since 1980s that gun politics has been a noteworthy issue in Australia.
Statistics state that at present 7,65,000 Australian adults which is almost about 5.2% of the Australian adults 5.2% possess firearms.
The laws regarding the possession and use of firearms in Australia are governed by the State. According to the laws on firearms as grouped under the 1996 National Agreement on firearms, anyone who wishes to possess or utilize a firearm must possess a Firearm License and must be above the legal age of 18 years.  Permit to Acquire must be obtained primarily by a person, eager to possess a fire arm which takes a compulsory 28 days period to be issued. Along with this a bona fide reason for the possession of the firearm must be provided. But self defense isn’t considered as a valid reason for the possession of a firearm. It is mandatory to get a firearm registered to the owner by a serial number.
The period between 1984 and 1996 witnessed severe multiple killings. The Milperra massacre deserves special mention in this case which was caused due to a chain of discords among various motorcycle gangs mostly notorious for being an active part of organized crime in Australia. The Hoddle Street massacre, the Queen street massacre and the Strathfield massacre deserves special mention. 1996 visualized a major transformation in the gun control legislation in Australia due to the tarnished Port Arthur massacre in which 35 people were killed and 21 were severely injured when Martin Bryant opened fire on the tourists. The police later came up with a shocking fact that the firearms possessed by him were illegally purchased. Prime Minister John Howard furious with the massacre, instantaneously took the gun laws developed from the report of the 1988 National Committee on Violence and insisted upon the states to implement them under a National Firearms Agreement. 2002 witnessed the infamous Monash University Shooting during which an international student( a member of a shooting club) killed two of his peers. Psychologists bring forth the fact that murderers are influenced by the media sensationalized news regarding previous murders, and they tend to imitate actions previously done.
The state Government and the state police are responsible for the Firearms laws. Since 1996 all states follow the National Agreement on Firearms (NAF). Post 1996 under Howard Government, enforced uniform gun laws on the states.
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Shoplifting In New Jersey Will Cost You More

Posted by admin | Posted in Law and legal | Posted on 07-06-2009

Shoplifting varies from state to state. Normally for this type of case, shoplifters are faced to do community service, fines and jail time. However, New Jersey has a different way of punishing up their shoplifters that is a bit interesting. Storeowners in New Jersey are by far secured from shoplifters because they will not only be able to recover all the monetary losses due to shoplifting, but they also has the right to recover the court costs. Thus, the convicted shoplifter will not only for the crime he or she made but for his or her conviction as well.

What are the acts to be considered as shoplifting? In New Jersey shoplifting are judged in many different ways including the act of not paying the merchandise by intention. It can also be an act of paying less than the full tag price of a certain item. Another act that is considered as shoplifting in New Jersey is taking merchandise outside the store by hiding it in your body or in mixing it into the items, you are carrying. Altering, removing, and or transferring price tags are also considered as a shoplifting act in New Jersey.

The moment a certain person is caught shoplifting; he or she will immediately be penalized for such act based to the full retail amount of the item or items he or she had stolen. An example of this statement is that, if one had stolen an item that is equivalent to over $75,000, that certain shoplifter is considered to have committed a second-degree offense, which is punishable by up to $150,000 fine and five to ten years imprisonment. However, those who have stolen an item or items of $500 to not more than $75,000 in value are considered to be committed a third degree offense, which is punishable by $15,000 fine and three to five years in prison. Items stolen with a value of more than $200 but not more than $500 have committed a fourth degree offense and are punishable by a fine of up to $10,000 and up to 18 months imprisonment. To those shoplifters who have stolen an item or items with a value of less than $200 will face a punishment of not more than 10 days in jail. However, this is not the only punishment that the offender will serve because the storeowner has the right to recover restitution and court costs, which is obviously a big amount for the offender to pay.

This is a good law for the storeowner’s side keeping them safe from shoplifters. Shoplifters on the other hand must take note that if they were to commit mistake in any store in New Jersey and found guilty, they will most probably pay for the court costs, legal fees spent by the store, and the shoplifting surcharge and this will normally amounts to $150.

This law in New Jersey applies to all offenders even if they are from a different State.

Understanding Canada’s Legal System

Posted by admin | Posted in Law and legal | Posted on 21-01-2009

As in many Western nations, the “supreme law” in Canada is its Constitution, which is a combination of both codified and uncodified acts, conventional practices and traditions. The Constitution Act, 1867, which was originally known as the British North America Act, provides the core of the Canadian Constitution and describes the structure and workings of government at the federal and provincial levels, among other things. The Constitution Act, 1982, including the Charter of Rights and Freedoms that functions as an “embedded” bill of rights, is also an integral part of the nation’s Constitution.

As it has a long and storied history as a member of the Commonwealth, Canada’s legal system is solidly entrenched in the British common law tradition. Its own, separate history as a French colony makes Quebec a special case in many aspects of law, and to this day it retains a unique civil system for handling issues of “private” law. Both systems are subject to, and protected by, the Constitution of Canada.

Legislation

The Canadian Parliament and the several provincial legislatures pass various acts that then become a part of the legal system. In a manner reminiscent of the U.S. Constitution’s principle of “enumerated powers,” Sections 91 and 92 of the Constitution Act, 1867 define the areas in which the federal and provincial levels of government may enact laws.

The Canada Gazette publishes new statutes and regulations enacted by the federal government, and bills that receive Royal Assent are then republished in what is called the Annual Statutes of Canada. Occasionally, and without regard to any regular periodicity, the federal government will aggregate all current laws into a compendium or collection known as the Revised Statutes of Canada. The Canadian government last did this in the mid-1980s.

In the 10 provinces of Canada, laws are proposed, debated, pass and published in much the same way they are at the federal level. The new laws, officially known as “Acts,” are published in provincial magazines that are published annually. The provincial laws are also consolidated on occasion.

Criminal law

The Canadian Criminal Code is applied the same way throughout the nation, as all criminal laws are written and passed at the federal level. The provinces do not pass criminal legislation since that is considered to be beyond their powers according to the Constitution Act, 1982.

On the other hand, the provinces are in charge of running their own court systems, including criminal courts, even though they are prohibited from to enact criminal laws of their own. Therefore, provincial criminal courts do, in fact, exist, despite the fact that there is no such thing as a provincial criminal law. The provinces do have the ability to create and enforce regulations, however, and a wide range of administrative rules and regulations are evident in every region of the country. Some critics maintain that it is through such administrative rules that the provinces have sought to evade the Canadian Constitution’s ban on provincial lawmaking.

In fact, before the Canadian Charter of Rights and Freedoms was established in 1982, provincial rules and regulations were often challenged on the basis of their being, in effect, criminal statutes. The Supreme Court of Canada, in fact, struck down a number of provincial laws attempting to restrict prostitution, pornography and reproductive rights, opining that the provinces had overstepped their authority by passing criminal laws.

Civil law

Civil law in Canada comprises areas of law dealing with disputes between discrete parties, and by legal definition “parties” includes government, corporations and individuals. Courts will render decisions on such disparate subjects as contractual matters, torts and property cases, among many others.

A fast growing area of the Canadian justice system is administrative law. This body of law describes the operation and aim of such federal and provincial administrative tribunals as labor, human rights and workers’ compensation appeal boards. Superior courts may review these tribunals’ decisions (in the case of federal decisions, the Federal Court Trial Division or the Federal Court of Appeal performs the reviews), but the courts accord these hearing boards wide latitude and rarely reverse their decisions outright. Courts are more likely to overturn tribunals’ decisions when they doubt that the expertise of the panel is sufficient for rendering a decision on the subject matter before it.

Summary

A full understanding of Canada’s legal system is impossible without noting that local (or municipal) law is essentially non-existent. That is, municipal and regional laws are the exclusive jurisdiction of provincial legislatures, and vary from province to province rather than among cities or towns. Paralleling the U.S. Constitution’s 14th Amendment extending “equal protection of the laws,” however, the Supreme Court of Canada has determined that the nation’s Charter of Rights and Freedoms does apply to the various “activities” of municipal governments.

Finally, it should be noted that Canada’s legal system is quite open to using case precedents from both England and the United States when there are insufficient ones in the corpus of Canadian law. For the most part, Canadian jurists will refer to American cases dealing with privacy rights, as the U.S. has many precedents in that area. However, they often consider decisions by both the English Court of Appeal and the House of Lords when judging a wide range of matters. Once a Canadian court has established a non-Canadian court or magistrate as being a “persuasive authority,” it can use their decisions as foundations for its own. In this way, Canada’s legal system truly incorporates a “living” body of laws.

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