THE DOCTRINE OF JURISDICTIONAL ERROR
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PowerPoint presentation on the doctrine of jurisdictional error - for information purposes only - all rights reserved. Disclaimer: The information contained in this publication does not constitute legal advice of any kind. The author Ian Ellis-Jones does not guarantee or warrant the current accuracy, legal correctness or up-to-dateness of the information contained in the publication.
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PowerPoint presentation - produced and presented by Dr Ian Ellis-Jones for the NSW Institute of Psychiatry - all rights reserved - for information purposes only - not for commercial use except by the copyright holder or as otherwise licensed. Disclaimer: The information contained in this publication does not constitute legal advice of any kind. The author Ian Ellis-Jones does not guarantee or warrant the current accuracy, legal correctness or up-to-dateness of the information contained in the publication.
ACCREDITED PERSONS UNDER THE MENTAL HEALTH ACT 2007 IN THE CONTEXT OF ADMINIS...
Copyright Ian Ellis-Jones 2012. All Rights Reserved. Disclaimer: The information contained in this publication does not constitute legal advice of any kind. The author Ian Ellis-Jones does not guarantee or warrant the current accuracy, legal correctness or up-to-dateness of the information contained in the publication.
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1) Girardi & Stanton have a common law retaining lien that allows them to hold Mr. Gibson's files until their outstanding legal fees are paid. However, this lien is passive and does not allow them to withhold the files indefinitely.
2) While Girardi & Stanton are entitled to the outstanding $8,250 fee, they must turn over copies of the files to Mr. Gibson and the new law firm so the case is not prejudiced. Retaining liens should only be asserted as a last resort to avoid harming the client.
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1. A witness who is inconsistent in giving evidence, especially if the inconsistencies are material contradictions, cannot generally be regarded as a credible witness. However, not all inconsistencies necessarily undermine credibility.
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3. Even if the conditions for refreshing memory are satisfied, the opposing party still has the right to inspect the document and cross-examine the witness on it. Referring to a document alone does not necessarily make the witness credible; it depends on whether the statutory safeguards are
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1) Donoghue v Stevenson established that manufacturers have a duty of care to consumers for defects that could cause injury.
2) Smoldon v Whitworth found that a rugby referee owes a duty of care to players to reasonably enforce safety rules and prevent unnecessary risks of injury.
3) Dominion Natural Gas v Collins held that those who install dangerous machines have a duty to take reasonable precautions to prevent injuries, even if they do not own or control the property.
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ACCREDITED PERSONS UNDER THE MENTAL HEALTH ACT 2007 IN THE CONTEXT OF ADMINIS...
PowerPoint presentation - produced and presented by Dr Ian Ellis-Jones for the NSW Institute of Psychiatry - all rights reserved - for information purposes only - not for commercial use except by the copyright holder or as otherwise licensed. Disclaimer: The information contained in this publication does not constitute legal advice of any kind. The author Ian Ellis-Jones does not guarantee or warrant the current accuracy, legal correctness or up-to-dateness of the information contained in the publication.
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Oral evidence refers to verbal testimony given by witnesses in court under oath. It involves three types of witness examination: examination-in-chief, cross-examination, and re-examination. Examination-in-chief is conducted by the party who calls the witness to elicit direct evidence. Cross-examination is then carried out by the opposing party to challenge the testimony. Finally, re-examination is conducted by the party who called the witness originally to clarify issues raised during cross-examination. The examinations follow specific rules regarding the types of questions permitted at each stage and their purpose.
Jurisprudence - Dworkin Theory of Adjudication
This document discusses Dworkin's theory of adjudication and precedent. It makes three key points:
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2) For precedent to have a role in Dworkin's theory, past judicial decisions must themselves create new legal rights or entitlements. However, this undermines Dworkin's argument that judges do not make law in an undemocratic way.
3) Even if past decisions create new entitlements, this only explains why they should be considered
Libr430 Week1
This document provides an overview of key concepts in information literacy and legal research. It discusses determining the scope of information needed, accessing information effectively, evaluating sources critically, and incorporating information into one's knowledge. It also covers primary vs secondary legal sources, jurisdiction, precedent, and the different types and sources of law in the United States legal system including common law, statutes, regulations, and court decisions.
Different Schools Of Statutory Interpretation
This statement suggests that courts have moved beyond a strictly textual approach to statutory interpretation and no longer rely solely on the literal meaning of words in statutes. There is some truth to this assessment:
- Courts now recognize that legislative intent is more important than a literal reading. They will consider things like context, purpose and background when interpreting statutes. A purely textual approach is too rigid.
- Rules of statutory interpretation allow courts to consider extrinsic materials to understand context and intent. Things like parliamentary debates, reports and similar legislation can be used.
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However, the
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The document provides an overview of legal research presented by Professors Tara Long and Itunu Sofidaya. It discusses what law and legal research are, the legal research process, types of legal resources including primary and secondary and mandatory and persuasive, and the court structure and appeal chain. Key topics covered include the four steps of the legal research process, how different branches of government make law, and determining whether sources are mandatory or persuasive depending on jurisdiction and court.
Law
This document discusses the principles of natural justice and abuse of administrative discretion in administrative law. It begins by introducing natural justice as a principle that gives people the right to raise their voice against injustice and prove their case in court. It then defines natural justice and explores its origins in Roman and Greek civilizations. The two main principles of natural justice discussed are nemo iudex in parte sua (no one should be the judge in their own case) and audi alteram partem (listen to the other side). The document examines these principles in depth through case law examples and rules for their application. It then defines administrative discretion and explores its potential for abuse if powers are incorrectly exercised without following statutory requirements or if irrelevant considerations are taken
Appellate Courts - Policy and Impact
Appellate courts play an important policymaking role through their review and reversal of lower court decisions, though they typically affirm two-thirds of cases due to presuming lower court validity. Their agendas and ideological leanings can impact the areas of law they focus on developing. Judicial activism is controversial as it involves judges injecting personal values despite counter-majoritarian concerns, though restraintism limiting judicial review is also problematic. Assessing the true impact of courts on policy is difficult given multiple actors involved in interpreting and implementing rulings. Compliance from other government branches depends on factors like policy attitudes and clarity of decisions.
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More from Dr Ian Ellis-Jones
The Illusion of the Self: An interpretation of the short story The Psychologi...
An interpretation of Ernest C. Rodwick's short story "The Psychologist and the Magician" (1920). Copyright © Ian Ellis-Jones 2021. All rights reserved.
THE PSYCHOLOGIST AND THE MAGICIAN: SOME GOOD ADVICE ON HOW TO SEE LIFE AS IT ...
This document summarizes and discusses the short story "The Psychologist and the Magician" by Ernest Christopher Rodwick. It tells the story of a psychologist named Professor Herman von Scholtz who agrees to undergo an "ordeal" with a magician named Marbado in a Himalayan cave. The psychologist must walk through the cave regardless of what he sees, hears, feels or thinks. The story is an allegory about how the mind can be "hypnotized" by illusions and beliefs that have no real power or existence. It illustrates how we identify with mental projections and concepts of self that cause suffering but don't truly exist. By refusing to accept the illusions, the psychologist is able to walk through
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An historical and descriptive chronological history of the Phoenix Islands, Republic of Kiribati, with annotations and photographs (5th edn). The first to fourth editions were published sub titulo The Phoenix Islands: An Annotated Chronology.
THE APPROACH OF THE COURTS TO THE CONSTRUCTION AND APPLICATION OF TIME LIMIT ...
First published (2006) 11 LGLJ 153. Revised and expanded by the author in 2015. Copyright Ian Ellis-Jones 2015. All rights reserved.
A HUMANIST INTERPRETATION OF THE LORD'S PRAYER
The document provides a Humanist interpretation of The Lord's Prayer in 3 sentences or less for each line:
Our Father in heaven refers to the one spirit of life in all, making us all brothers and sisters. Your kingdom come suggests working together to create a fairer world where only the common good is pursued. Give us this day our daily bread means seeking only our daily needs and avoiding temptation, cultivating virtue, forgiving others as we wish to be forgiven, and being delivered from evil.
MEDITATION: EAST MEETS WEST
Meditation: East Meets West. A One-Day Mini-Retreat. Retreat Talks. By The Rev. Dr Ian Ellis-Jones. Sydney Unitarian Chalice Circle. Copyright © Ian Ellis-Jones 2014. All rights reserved.
MINDFULNESS FOR HEALTH OF BODY, MIND AND SPIRIT
A copy of a revised and expanded version of a presentation delivered at a speaker session held at the Wesley School for Seniors, Wesley Mission, Sydney, New South Wales, on 3 July 2014. Copyright © Ian Ellis-Jones 2014. All rights reserved.
A RATIONAL FAITH: HUMANISM, ENLIGHTENMENT IDEALS, AND UNITARIANISM
This document discusses the influence of Humanism and Enlightenment ideals on Unitarianism. It describes how Unitarianism evolved from a Christian denomination rejecting some key doctrines, to a "post-Christian metareligion" or non-religion infused with Humanist principles like reason and tolerance. Unitarianism is presented as a spiritual philosophy and way of life that brings together people of all backgrounds without dogma. The roots and spread of Unitarianism in Australia, Britain, and the United States are briefly outlined.
DR NORMAN VINCENT PEALE WAS NOT ANTI-CATHOLIC
Letter dated 4 January 1994 from Ian David Ellis-Jones of Turramurra NSW Australia to the Editor of TIME (Australia) Magazine, with Letter of Reply dated 2 February 1994 from Patrick Smith, Editorial Offices, Time Inc, New York, New York, USA. Letter from Ian David Ellis-Jones Copyright 1994 Ian Ellis-Jones. All Rights Reserved.
ABBOTT AND COSTELLO ON MINDFULNESS
The document is a humorous fictional dialogue between Bud Abbott and Lou Costello discussing Abbott's mindfulness class. Abbott claims the class taught him to have "no-mind" which he says is a state of wisdom and enlightenment. However, Costello is confused by the concept of having no mind but not being stupid. Their discussion becomes increasingly nonsensical as they try to explain how a mind can be both empty and full, gone but present, engaged but not engaged to anyone.
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This document discusses some early Greek philosophers and their ideas that are relevant to mindfulness practice. It examines Thales, Anaximander, and Anaximenes, noting ideas like rejecting supernatural explanations and focusing on observable phenomena. Key lessons for mindfulness are observing the present moment without judgment, seeing contradictions as part of a unified process, and maintaining attention on the breath to allow experiences to naturally arise and pass without fixation. The document suggests these ancient Greek philosophers provide philosophical underpinnings for modern secular mindfulness practice.
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This document provides Bible verses and explanations to support the use of spiritual mind treatment and healing. It discusses:
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Phineas P. Quimby was a 19th century American clockmaker and healer who is considered a pioneer in the fields of alternative healing, mental therapeutics, and psychosomatic medicine. He developed a method of insight-oriented psychotherapy combined with autosuggestion that treated illnesses by addressing the mind-body connection. Quimby's system paved the way for modern psychoanalysis and the understanding that functional illnesses can be caused or influenced by the mind. After recovering from tuberculosis through alternative methods like carriage rides, Quimby began practicing mesmerism and traveling around New England, treating patients and inspiring the development of the New Thought movement.
SHINTO FOR NON-JAPANESE
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FAIRY TALES AND THEIR INNER MEANINGS
This document provides an analysis of the fairy tales Aladdin and His Wonderful Lamp and Jack and the Beanstalk. It suggests that fairy tales contain inner symbolic meanings and lessons. For Aladdin, characters represent aspects of human consciousness, and acquiring the lamp represents achieving spiritual enlightenment. For Jack, climbing the beanstalk represents spiritual ascension, while stealing from the giant represents acquiring virtues. Both tales depict the soul's evolution toward perfection through overcoming challenges.
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WHAT YOU THINK YOU BECOME: NEW THOUGHT, SELF-HELP AND POPULAR PSYCHOLOGY
This document provides an overview of New Thought, a religious philosophy that originated in the United States in the 19th century. It discusses how New Thought was influenced by ancient Greek philosophers like Plato and his theory of forms, as well as early Christian thinkers like Origen who emphasized the oneness of God and life. The document also examines how New Thought emerged as an alternative to Protestantism in the late 19th century, gaining popularity through its positive message about using mind power to achieve health, wealth, and happiness. New Thought is defined as affirming the unity of God and humanity and the perfection and immortality of the soul.
SELF AS ILLUSION AND MIND AS FEELING
An Address to the Sydney Realist Group (‘Sydney Realists’), Sydney, NSW, Australia, on 7 May 2013. Copyright 2013 Ian Ellis-Jones. All Rights Reserved. Published (in three parts) in the journal The Northern Line, No. 15 March 2014 (pp 13-16), No. 16 May 2014 (pp 10-15), and No. 17 July 2014 (pp 9-13). Note: see also the author’s related paper entitled ‘Andersonian Realism and Buddhist Empiricism’, published in the journal The Northern Line, No. 13 October 2012 (pp 2–13), as well as in the journal The Sydney Realist, No. 25 March 2013 (pp. 6–15), and the author’s paper entitled 'John Anderson: Philosopher and Controversialist Extraordinaire'. (The papers are available on SlideShare.)
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