Specific recommendations for recognition of aspects of customary law were made in respect of: • Marriage and family matters, child custody, fostering and adoption. • The criminal law (including policing, interrogation, evidence and sentencing). • Hunting, fishing and gathering rights. • Local justice mechanisms for Aboriginal communities. The ALRC noted many arguments in favour for recognition of Aboriginal customary law: • Recognition would advance the process of reconciliation between Aboriginal and non—Aboriginal people.
The forum in which the dispute will be settled is also a vital consideration. Culture and ethics may play a big role in the decision of the forum. Possibly jurisdiction may be considered as well? What factors could work against CadMex’x…………………………………… “Dealing with foreign laws could pose a problem----we need to have someone with relevant expertise in Candorean law and extensive knowledge of international business. Why hose local laws, when there are well accepted international laws for such transactions”.
According to the textbook the Constitution has three functions the first being to set up a structure for the federal government and rules for modifying the constitution, second provide powers for branches of the government and third to grant protections and liberties for United States Citizens from illegal or unlawful government practices. After understanding that the Constitution lays the ground work for the established legal system as we know it. Along with the guidelines that are followed lawfully ethics and values plays a role in how laws are followed and interpreted. Different laws address different issues and pertain to specific areas. Established laws are also implemented to safeguard citizens from harm, possible inequities and illegal behavior.
Despite this, the United States has often passed laws which usurp Indian sovereignty. One problem that continues to crop up in these discussions of sovereignty is the question of what exactly sovereignty means. The definition of sovereignty can be hard to pin down. One of the best definitions came from Mike Myers, a Seneca Indian, as quoted in the essay “Indian Sovereignty” by K. Kickingbird, L. Kickingbird, Chibitty and Berkley: “Ideally, sovereignty is the unrestricted right of groups of people to organize themselves in political, social and cultural patterns that meet their needs. It is the right of a people to freely define ways in which to use land, resources and manpower for their common good.
What are some practical considerations of taking legal action against a foreign business partner based in another country? Some practical considerations of taking legal action would be the negative publicity you would receive from it. The relationship between the two countries may be damaged and hinder future business transactions. Another consideration would be the legal expenses involved. Unless the contract is fully understood and you are sure of what you are doing, the legal expenses and negative publicity involved may make the legal action not worth it.
To what extent have your perceptions of belonging been influenced by the texts you have studied? Refer to your prescribed text and at least one other text of your own choosing. Belonging or feeling as though you are an important part of a whole, is an essential part of an individuals’ understanding of life. If an individual does not feel as though they belong either to a group, place or community it can lead them to feel unsatisfied with their lives. This perception of belonging has been influenced by both Peter Skrzynecki’s ‘Immigrant Chronicle’ and Shaun Tan’s graphic novel ‘The Arrival.’ Cultural identity often plays a large role in our sense of self and allowing us to feel as though we belong.
The Constitution can be summarized in four key principles. The four are, Checks and Balances, Federalism, Limited Government, and the Separation of Powers. However, the most important of the four principles are Check and Balances. Checks and Balances is the most significant principle because it is about the over-seeing of each branch over the other branches. Checks & Balances is a more simple way to say (the counterbalancing influences by which an organization or system is regulated, typically those ensuring that political power is not concentrated in the hands of individuals or groups) basically a more concise thought about limiting the powers of the Government.
In addition, relative to confessions, they are not legitimate if the person’s fourth amendment rights violated because of coercion. The fifth Amendment self-incrimination right includes that no person may be obligated to be a witness against him or her. The sixth Amendment represents a person’s right to counsel and is the right to counsel if one cannot afford counsel the court will provide one for them. The free and voluntary rule is comprised of the 14th Amendment due process clause and 5th Amendment clause, the dominant test for the law of confessions. The free and voluntary rule comprised of the 14th Amendment due process clause the Fifth Amendment clause, the prevailing test representing the law of confessions.
The offender perhaps comes from a different jurisdiction and a dispute deciding on whether to use the law applicable in the state of the charge or the law applicable in which the offender is from can often cause controversy. This example can apply to cultural conflict between Native Americans and the United States system. The justice system applies preexisting rights and the principle of enforcing foreign law as a means of flexibility. Cultural differences can become a clashing battle where personal rights in territorial boundaries translate into state power and limit the authority one possesses. Although the mutual intention is to create the same outcome (the safety of the people), the ability to separate political authority and cultural differences possess high-levels of failure because of the limiting perspectives in differences in
b. Second, if a federal law conflicts with state law then the state law is invalid. c. Third, state law can be preempted when there is an implied