Abortion Pro Choice And Pro Life Essay - 1224 Words

Abortion Issue in the United States (Section 1) Abortion is one of the most controversial issues in America that is centered between advocates that are pro-choice and pro-life. Intentional miscarriages occur when a women induces the termination of a human during pregnancy, the procedure happens during the first 28 weeks of pregnancy. Pro-life and pro-choice advocates differ in many of their opinions, over the years the government has been trying to deal with the problem/issue, and now there are possible solutions to the issue. This practice has been around for thousands of years, it dates back as far as the fourteenth century BCE, during this time women who induced the procedure were impaled on a stake and left to die. The issue has been an immense controversy for centuries, the Christian church claimed the procedure as a sin during the first century, Saint Augustine attempted to convince the people that the fetus does not have a soul until it is born (Kaplan). Today abortion is a heavily debated topic among advocates that are pro-choice and protesters that are pro-life. Anyone who self-identifies to be pro-choice, believes that abortion should be legalized, they claim that the mother should have the choice to terminate the fetus since she is in control of her own body. In 2004 the Guttmacher Institue surveyed women who successfully had abortions, seventy-five said that having a baby would interfere with work or going to school, and couldn’t afford a child (Kaplan). Half ofShow MoreRelatedAbortion : Pro Life And Pro Choice1719 Words   |  7 PagesAbortion: Pro-Life and Pro-Choice â€Å"I have also said that anyone who doesn t feel sure whether we are talking about a second human life should clearly give life the benefit of the doubt. If you don t know whether a body is alive or dead, you would never bury it.† That was just one quote said by Ronald Reagan on the topic of abortion. He also said, â€Å"I ve noticed that everyone who is for abortion has already been born.† Many people, like Reagan once was, are against abortion and believe that it isRead MoreAbortion: Pro-Life and Pro-Choice694 Words   |  3 Pagesï » ¿Pro-choice abortion Man was born with an inalienable aspect of choice and it is with this aspect that the person will die holding to, indeed, at individual levels people have even the choice between living and death and can decided to end their lives even without informing anyone about it. For long the issue of abortion has attracted a lot of attention and there should be lasting stands take towards the whole aspect of pro-life or pro-choice abortion. My personal stand is that the pro-choiceRead MoreAbortion, Pro Choice, And Pro Life1503 Words   |  7 Pagescontroversial topics in America is abortion. In medical terms, â€Å"an abortion is the premature exit of the products of conception (the fetus, fetal membranes, and placenta) from the uterus† (Medicine Net). All around the world, the practice of abortions has been widely used to control a woman’s reproduction. The polarizing, emotional debate on abortion has been an ongoing issue that still exists today. People’s different perspectives and opinion on whether or not abortion is immoral continue to divide AmericaRead MoreAbortion : Pro Life Or Pro Choice?2491 Words   |  10 Pagesbeen many debates about abortion since the middle of the 1800’s, it is still a large problem in current ti mes do to the question regarding women’s equality and freedom under the topic of abortion: pro-life or pro-choice? There have been many restrictions put on abortion clinics and doctors recently in attempts to put abortion clinics out of business, ultimately ending abortion in some areas and states. Many women, such as poor and minorities, are unable to get an abortion due to the location of theRead MoreAbortion : Pro Life And Pro Choice Essay1829 Words   |  8 Pages Abortions Abortions are one of the many things that everyone has an opinion on. As defined by the 2012 Merriam-Webster dictionary, an Encyclopedia Britannica Company, an abortion is, â€Å"the termination of a pregnancy after, accompanied by, resulting in, or closely followed by the death of the embryo or fetus as a spontaneous expulsion of a human fetus during the first 12 weeks of gestation--miscarriageRead MoreAbortion : Pro Life Or Pro Choice1040 Words   |  5 PagesAbortion is a controversial topic in the world’s culture today. There are two major stances concerning abortion: pro-life or pro-choice. If an individual is pro-life, she recognizes that a baby is a human in the womb and wants to protect the life of the baby. If an individual is pro-choice, she believes the baby in the womb is not alive and the mother has the right to do away with the fetus. Each view has a value judgment on the topic of abortion. A value judgment is a judgment someone makes on theRead MoreAbortion : Pro Life And Pro Choice1282 Words   |  6 PagesAbortions are one of the countless subjects that every person has an interpretation about. As defined by the 2012 Merriam-Webster dictionary, an abortion is, â€Å"the conclusion of a pregnancy after, accompanied by, succeeding in, or closely shadowed by the passing of the embryo or fetus as a natural removal of a human fetu s during the first 12 weeks of gestation also known as a miscarriage, the tempted exclusion of a human fetus, or the dismissal of a fetus by a local animal often due to infection atRead MoreAbortion : Pro Life And Pro Choice971 Words   |  4 Pagestiny human or just a fetus? According to Webster Dictionary, abortion is â€Å"the termination of a pregnancy after, accompanied by, resulting in, or closely followed by the death of the embryo or fetus†. There are two sides when it comes to abortion: pro-life and pro-choice. Pro-life supporters are usually religious individuals, individuals who believe it is a kind of murder, and/or people who believe in the sanctity of life. Pro-choice supporters are normally individuals who believe a woman has theRead MoreAbortion : Pro Choice Or Pro Life Essay1492 Words   |  6 Pages The topic of abortion is a highly controversial discussion that has been prominent in the debates of morals and politics for decades. Most people agree that on the topic of abortion, it is like a black and white fallacy, which is an issue that only has two options. For example, a black and white and fallacy is that a person can either be a Republican or Democrat, there is no other option. In the discussion of abortion, the black and white fallacy is either pro-choice or pro-life. Despite this commonlyRead MoreAbortion : Pro Life And Pro Choice983 Words   |  4 PagesAbortion has been a heated debate in the United States for decades. Since before the ruling on Roe v. Wade, it is clear that this is an issue that is far from ever being decided upon. Between those who are pro-life and those who are pro-choice, scholars from both sides work on disproving the morality of the other side. With the evolution of abortion laws and regulation through the decades, it is difficult to imagine the United States without conflict pertaining to abortion. Despite pro-life and pro-choice

A Great Of Honor Great Americans - 973 Words

A Great Way to Honor Great Americans If you were given the task to build a museum to honor Great Americans, how would go about it? How would it look? Who would be featured? How you wanted to be perceived? Founder of the Hall of Fame had the honor to build such a museum. The Hall of Fame for Great Americans was created around the early 1900s, on land that used to be New York university’s campus. The Hall of Fame honors Ninety-eight men and women who were; inventors, educators and authors to name a few, in a form of bronze busts. The busts were engraved with their name, the year they were born, the year of their death and a statement made by them. The people who founded and designed the Hall of Fame were paying tribute to Rome and Greece,†¦show more content†¦Why is this so important? It’s important because the founder was wanted it to feel similar as being on top of Mount Olympus. The whole design for this museum shows they wanted to pay tribute to the Roman and Greek architecture. From the column s, to the curve of the walk through and to the statues themselves. All point to these two eras from which were America’s inspiration for our government. The Hall of Fame sits on top of its version on Mt. Olympus with the Gould Memorial library behind it being Pantheon, shows that the founder was a democrat or favor democracy over republican. This could be a small acknowledgement they were trying to make with the placement of the Hall of Fame. Greece’s democracy and Rome’s republican heavily influenced America’s government. That was the message the both the founder and designer were trying to make when this museum was built. The lack of African Americans and the low number of women present in the Hall of Fame, shows how society was in the 1900’s. Looking at of ninety-eight busts, you can notice ninety-five are white Americans and eighty- eight are men. Which leaves ten women and three African Americans. Around the 1900’s seeing mainly men being honored was not a big thing, them also being white was also not. African American and Women weren’t seen as important, around the early 1900’s they were still fighting to be heard. Even though at that point

A Sociological view of Divorce Essay Example For Students

A Sociological view of Divorce Essay They were the family you always wish you hadThe Cleavers. Wise and wonderful Ward. A pal as well as a Dad. June. The perfect wife and mother. Big brother Wally. Popular, smart and athletic one tough act to follow. And last but definitely not least, hapless, irrepressible Theodore, a.k.a. the Beaver, just a regular kid trying his best to stay out of trouble while finding a thousand ways to place himself at troubles doorstep. Leave it to Beaver. It was the television hit in the 60s that hallmarked the phrase, The American Family and made it its own. Introduction:Here we are, 40 years later, in the midst of social turmoil, where the values and principles such as the family unit that were once our nations bedframe, are now the very same values and principles we are starting to question. Needless to say, the family structure is riding the wave of a rapidly changing society and changing right along with it. More adolescents are growing up in a wider margin of family structures than ever be fore in history. Divorce is not only personal trouble dividing households, but it has become a developing Social issue sweeping the nation. The number of adolescents growing up specifically in broken families is mounting everyday. Divorce has become an epidemic among our nation invading one in every two marriages in this country (Patz 59). In fact the United States has the highest percentile of single parent families, compared to all other countries (Santrock 167). And by age 18, approximately one fourth of all American children will have lived part of their lives in a step-family unit (Santrock 167). I knew that adolescents of divorced families were put at a greater individual risk and vulnerability to adjustment problems later in life, however I was not aware of the particular areas that such a division in the family structure could have an affect on. Evidence shows however that not only does divorce permanently weaken the child/parents relationship, but has also been found to be behind lowered academic performance, destructive ways of handling conflict, a poorer self-image, greater engagement in delinquent activities and the root of pessimism towards future relationships and goals in life. These things only perpetuate the rapid downward spiral of family breakdown (How Might Divorce Affect My Childs Behavior? 2000). Theoretical Framework:Sociologists often look at behaviors and societal trends from a theoretical perspective. Such perspectives are theories, or a set of logically interrelated statements that attempts to describe, explain, and predict social events. I would like to take a deeper look at the United States current rising divorce rate and its affect on our adolescents, from an interactionist perspective. Interactionists viewpoints are based on the assumption that society is the sum of the meaning of the interactions of the individuals and groups. This perspective focuses on behavior or on each persons interpretation or definition of a given situat ion. The relation of divorce to this macro-level interactionist theory is that divorce is primarily dependent on humans living in cohesive groups or not, and communicating and its affects on the members involved. Research shows that the wrenching act of divorce and the loss of that original unit and the hope tied to it is often irreplaceable for a child and has a permanent affect of cataclysmic proportions (Preston 12). And children of divorced households, appear to show higher expectations of divorce and to have higher divorce rates later in life, and less desire to have children (How Might Divorce Affect My Childs Behavior? 2000). Thus completing the downward spin of the deterioration in family units and the increase of the divorce rate. Personal Trouble:I have been blessed to be born and raised in an intact household and to have a close family. But I have been in the company of many who havent had that same background. My roommate here, who is one of my closest friends, comes fro m a divorced family. And in researching this topic, I have been able to pick out many more characteristics of a stereotypical child from a broken home in her. In sharing some of my discoveries, in no way am I belittling my roommate or presenting her as a bad person at all, I have the utmost respect for Sarah and her family. But, divorce did take its toll on her, and her family. Sarahs parents were first separated when she was 8 for 2 years, and then officially became divorced when she was 10. Neither parents are remarried or currently dating another party. When Sarah was younger, she has shared with me that she would she was devastated, but she didnt know how to deal with her pain and anger, and so she didnt. She pushed it from her mind. But pain never goes away, and it showed up in places she didnt intend. Sarah revealed to me her struggles especially when she was younger with classmates and school performance. Her reactions to normal conflict were extreme and sometimes debilitatin g. Increased feelings of irritability and frustration lead to difficulty with other classmates, leaving her alone and feeling isolated not only at home, but now amongst her peers. Overwhelming feelings of sadness, and lonliness and a damaged self image was reflected in her school work as she could not concentrate on her work. Relationships, academic performance and her happiness suffered immensely. As she matured and aged, Sarah was able to deal with her emotions and hurt better. But that does not mean it hasnt gone away. She believes her parents are happier people now because of it, and although she misses family outings she rather see her parents happy then angry and bitter. Sarah has come a long way, she has grown up a lot. She does not place blame, but wishes her parents had been saved, for maybe that would have made a difference. Sarah shared a verse with me in Malachi 2:16,I hate divorce, says the Lord God of Israel, and I hate a mans covering himself with violence as well as with his garment, says the Lord Almighty. So guard yourself in your spirit and do not break faith. She found comfort in this passage, feeling that her parents arent completely to blame, for they did not know the Lord, and thus had no faith to work off of. Sarah makes one thing certain, that she is going to marry a man who loves the Lord who will continue to endeavor in having a communion among the three of them! Social Issue:Are adolescents better adjusted with in intact families than in divorced families? Or is there no difference? When compared to children of never-divorced families, researchers agree that children and adolescents from divorced families show poorer adjustment in every area of life (Santrock 167). Studies conclude that 25% of children from divorced families have severe social, emotional, or psychological problems, as opposed to 10% of kids from intact families (Corliss 41). After following more than 100 kids whose parents had recently divorced, Wallerstein conclude d that the affects of a break in the family unit are life-long and traumatic for children and adolescents. While the parents were liberated, interviews with the kids displayed a profound pessimism about their future and were left feeling bereft ( Kantrowitz 48). Adolescents also battle with anxiety, and self blame and anger, which then acts as the undercurrent for making bad choices in relationhips, and giving up hastily when prolems present themselves. They struggle because they lack an internal template of a successful relationship (Kantrowitz 49). And as adults, these young people were frightened of failure, of commitment , and terrified that they were going to follow in their parents footsteps (Corliss 41). Such emotional hardships only set the stage for misbehavior and delinquent activity. As marriage has become a more optional, less permanent institution in contemporary America, adolescents are encountering stresses and adaptive challenges that piggy-back off of their parents marital transitions. Such dysfunctional self concepts, anxiety and trouble adapting socially as discussed earlier have been proven to affect the childs actions, as well as their mind set as well. Recent studies have shown that adolescents who have endured a divorce experience are most likely to have academic problems, deviant behavior, are more likely to drop out of school, to become sexually active at an earlier age, to experiment with drugs, to associate with the wrong crowd, and to have low self-esteem (How does Divorce Affect Children? 2001). Anxiety battles carry over into the classroom too. Children of divorced families,suffer sever cognitive impairments as a result of parental separation. There is a significant disruption in the childs ability to paricipate freely in the learning process. Anxiety, restlessness, inability to concentrate, and intrusive thoughts about the separation all contribute to this disruption and lead to a drop in school performance (How Does Divorce Affect Children? 2001). wordsworth EssayAs marriage has become a more optional, less permanent institution in contemporary America, adolescents are encountering stresses and adaptive challenges that piggy-back off of their parents marital transitions. Such dysfunctional self concepts, anxiety and trouble adapting socially as discussed earlier have been proven to affect the childs actions, as well as their mind set as well. Recent studies have shown that adolescents who have endured a divorce experience are most likely to have academic problems, deviant behavior, are more likely to drop out of school, to become sexually active at an earlier age, to experiment with drugs, to associate with the wrong crowd, and to have low self-esteem (How does Divorce Affect Children? 2001). Anxiety battles carry over into the classroom too. Children of divorced families,suffer sever cognitive impairments as a result of parental separation. There is a significant disruption in the childs ability to paricipate freely in the learning process. Anxiety, restlessness, inability to concentrate, and intrusive thoughts about the separation all contribute to this disruption and lead to a drop in school performance (How Does Divorce Affect Children? 2001). And from the classroom, such problems appear on the streets and neighborhoods as well. Children of broken homes are significantly more likely to become delinquent by the age 15, regardless of when the divorce took place, than are children who are from intact homes (How Might Divorce Affect My Childs Behavior?2000). And children without biological fathers in the home are roughly 3 times more likely to commit a crime that leads to imprisonment than are children from intact families (How Might Divorce Affect My Childs Behavior?2000). Divorce also stands behind one of the deadliest killers of our adolescents; suicide. The most frequent background characteristic among adolescents who commit suicide is the divorce of their parents (How Might Divorce Affect My Childs Behavior 2000). Another affect that divorce has on adolescence is the loss of intimate relationships between both or one parent and the adolescent. Weak bonds with parents emerge from the turmoil that precedes and follows divor ce. Studies continually show that divorce is heavily associated with fewer expressions of parental affection, greater parental strictness in dealing with childrens misbehavior and more inconsistency in dispensing discipline (Amato 905). Parental loss through divorce is a disruption of one of the most sacred and significant relationships in any childs life. And thus, can have a considerable impact in ones life. But often times in the occurrence of a divorce, where the parents in any case are not full time parents but rather take on the roles of nonresidential parents. Such is the role in which the parents try to have a friendly, companionable relationship with their adolescents, rather than a traditional parental relationship (Santrock 169). The parents focus their energy to keeping the visits with their child pleasant and entertaining where they can be more of a friend, and are reluctant to assume the position of disciplinarian or authoritarian (Santrock 169). The loss of authoritat ive parenting in an adolescents life leaves children without structure and without consequences and rules. Thus it is this shove that sends them spiraling into self destructive behavior. And researchers prove that about one fourth to one third of adolescents in divorced families, compared to 10 percent in nondivorced families, end up becoming disengaged from their families all together, spending as little time as possible at home and in contact with family members (Santrock 169). This corruption between the parent and adolescent just adds to more problems later on life as well. From the onset of the divorce the child has already become accustomed to sacrificing his/her own needs and developments. And as studies have concurred that this makes it hard for them to develop socially as their relationship role models have been demolished in their eyes (Bush 1124). Not only has the child lost their own sense of identity through a divorce, but also many times their parents as well. Conclusion:So what happened to the Leave it to Beaver persona that used to be seen in the typical American family and not just on TV? As long as families follow the trend that divorce is setting, more and more children will be the victimized and left to fend for themselves whether it be physically with unstable custodial parents or mentally without any role models and structure in their lives to keep them on the straight and narrow. I think divorce acts as its own indicator that it disrupts peoples lives, especially adolescents as they are more impressionable in this stage. Divorce has been shown to adversely affect academic performance, and personal characteristics as far as social skills and self presentation, it erodes the parent-child relationship and takes away structure and replaces it with a consequence free environment. And when you take a child, an adolescent none-the-less at the height of confusion and insecurity and remove boundaries such as parents, rules, and regulations , thats trouble. If children are our future, maybe we should be equipping them with more than freedom. To appropriately prepare for the future, I think we should take a step back into the past and watch a few Leave It to Beaver episodes and maybe we can come up with a better game plan.

Securities and Investments Commission System †MyAssignmenthelp.com

Question: Discuss about the Securities and Investments Commission System. Answer: Introduction The High Court of Australias Full Bench gave a landmark decision in the year of 2012 through ASIC v Hellicar Ors [2012] HCA17, which is amongst the famous Jamie Hardie cases. In this case, the decision given by the Court of Appeal of NSW in Shafron v Australian Securities and Investments Commission [2012] 286 ALR 612 and Morley v Australian Securities and Investments Commission [2010] NSWCA 331, were overturned (Czoch and Whalebelly, 2012). Through the case of ASIC v Hellicar, the seven non-executive directors of JHIL, i.e., James Hardie Industries Ltd, along with the general counsel/ company secretary of the company, were held to have contravened the duties they owed by being the officer or the directors of the company (Gunning and Heller, 2013). This particular breach was held with regards to the release of the misleading announcement to the ASX, i.e., the Australian Stock Exchange (Floro and Meikle, 2012). This decision provides a better understanding towards the duties of the ASIC, i.e., Australian Securities Investments Commission, towards initiating proceedings as per the governing legislation of the Corporations Act, 2001. These are also significant with regards to the duties which are held by the executive and non executive directors, along with the management below the board level and also provide clarity to the definition of an officer as per this act (Australasian Legal Information Institute, 2012). ASIC v Hellicar (2012) The ASIC, in 2007 initiated civil proceedings against seven of the ex non-executive directors, the general counsel/ company secretary and three ex executive directors of JHIL, for the contravention of section 180(1) of this act. A contention was made by the ASIC that each of these individuals had failed in exercising the due diligence and care, which was necessary, regarding the release of information to the share market. And undertaking these activities resulted in the contravention of provisions of this act, and an ultimate breach of the duties which they owed (Czoch and Whalebelly, 2012). It was held by the SC of NSW that there was a breach on part of the seven directors as they approved the announcement to ASX, which conveyed in a misleading manner, that a trust had been formed for funding the claims regarding the asbestos-related disease and that there would be a sufficiency in funds, for meeting the current, as well as, the future claims (Time Base, 2012). It was held afterwards that this fund was not adequately funded and the value of such shortage was $1.5 billion. JHILs general counsel, along with the post of company secretary was held by Shafron. It was claimed that even he had contravened the Corporations Act, as he did not advice the board in an adequate manner with regards to the announcements, as these were expresses in vague terms. Furthermore, there was also possible shortcoming with the economic advice, as well as the modeling advice which Shafron gave to the board of the company (Czoch and Whalebelly, 2012). Fines, along with disqualification orders were passed by the judges in the year of 2009 for breaching various provisions of the governing act by the officers and the directors. An appeal was made by some of the directors to the Court of Appeal of NSW and they submitted that the primary judge should have refrained from holding the draft ASX announcement, which had been contested by the ASIC, to be tabled, along with being approved at the board meeting which took place in February, which in reality had been both tabled and approved (Hill and Thomas, 2015). It was held by the Court of Appeal of NSW that the ASIC had not fulfilled the burden of proof, provided that the board minutes of this February meeting where the resolution was recorded regarding the ASX announcement, which comprised of a range of imprecision regarding the other matter, which required the answering on their precision in general, and also specifically with regards to such announcement. This was along with the failure in providing the burden of proof regarding the witnesses which the ASIC called, as they were unable to recall the events in an accurate manner, regarding the tabling of resolution (Czoch and Whalebelly, 2012). A duty of fairness was held to have been owed by the ASIC as per Court of Appeal and this was analogous to the one owed by a Crown Prosecutor, which was breached by not calling Robb, who was the lawyer of JHIL, who was also an attendant to the held meeting and preparer of the board minutes. The cogency of the evidence of ASIC was diminished by failing to call Robb. Against this decision of the Court of Appeal, an appeal was made by ASIC to the High Court (Jacobson, 2012). The Court of Appeal of NSW held that Shafron had acted in the capacity he had, i.e., the capacity of an officer, either under section 9(a) of this act as a company secretary, or as an individual who participated in decision making at the relevant times, which affected either whole or a substantial part of JHILs business as per section 9(b)(i) of this act, and he had also contravened the duties as being an officer. The Court of Appeal specifically held that Shafron had breached sections pertaining to the directors and officers duties, as they failed in giving the advice to the board and to the CEO by failing to discharge their duties and exercising their powers with diligence and a degree of care, which would be exercised by a reasonable individual in a similar position (Czoch and Whalebelly, 2012). An appeal was made by Shafron to the High Court, where he argued that the ASIC alleged omissions were the omissions in the performance in his role as a general counsel, and not as the JHIL s company secretary. And he claimed that he was not an officer of the company so the provisions of the act did not apply to him (Bradman and Less, 2012). Duties Breached A civil obligation has been imposed through section 180 of the Corporations Act, 2001 (Cth). This obligation has been put over the officers and the directors of an organization. The provisions of this section relates to the duty to act in a diligent way and with care (Australasian Legal Information Institute, 2017). As per subsection 1 of this section, the directors, along with the other officers of a company, have a responsibility of discharging their duties, in addition to the exercise of the authority given to them, in a way, which depicts diligence and care (WIPO, 2015). This has to be done in a manner, as would have been done by a reasonable individual, if such reasonable individual was the officer or the director of the company in the given circumstances, and this reasonable individual occupied the office which was held by such officer or director and also had the same responsibilities (Federal Register of Legislation, 2017). A contravention of section 180(1) of this act gives the power to the court to make a declaration of contravention (Cassidy, 2006). In this particular case, i.e., the case of ASIC v Hellicar, when an appeal was made by ASIC to the High Court, the judgment given by the Court of Appeal of the NSW was overturned, regarding the failure of ASIC in satisfying the burden of proof regarding the tabling and approving of the draft ASX announcements at the board meeting held in February. It was held by the High Court that the board minutes had to be always considered as a formal record of the occurrences at the board meeting. Hence, they are evidence to the truth of all the issues which have been recorded in it. This was with particular reference to the ASX announcement being both tabled, as well as, approved (Garnaut, 2015). The submission of the respondent regarding the inherent unreliability of the board minutes, due to these being prepared before the board meeting held in February and these containing certain inaccuracies, were out rightly rejected by the High Court. It was also held by the High Court that it was far too great a coincidence for none of the individuals who were present in the Board meeting which held in April, where the board minutes were adopted by the board, to notice that there was a resolution contained in the minutes of February and stating that they had no knowledge regarding such a resolution being passed. On the case of respondent, the High Court was of the view that this was a glaring blunder, and it was even worse than something which can be termed as a blunder as the recording of a significant resolution took place, which in actuality, never occurred (Czoch and Whalebelly, 2012). This was coupled by the evidence to prove the fact that the draft ASX announcement had been circulated at the meeting, in as much as the discovery on part of Robb, along with the files of a large shareholder in JIHL, i.e., BIL Australia Pty Ltd, in which there was a close association of the two of the non-executive directors, who were there at the board meeting (Czoch and Whalebelly, 2012). A similar view was taken by the High Court of the ASX announcement in itself, whereby it was noted that even though there had been certain differentiations amongst the draft which was held to have been tabled at the meeting, the draft announcement was described properly as being textual, instead of being substantive, and that these contained misrepresentations. It was stated by the High Court that whether an announcement which was published later or the deed which was executed later, is the document which had to be approved by the board, needs to be determined by more than just literal comparisons amid the text. The errors and slips can easily be corrected. And that in some of the cases at least different and better wordings could be adopted. In this case, the fact that mere small changes were made, would could at the worst establish that no more than the ones who created them, had the authority of doing so, and in this particular case, did not show that this draft announcement had n ot been approved (Czoch and Whalebelly, 2012). It was also noted by the High Court that the announcement which was circulated later on, where not at all protested or demurred by the individuals in questions, regarding the terms of this announcement. The same were held to have been consistent with the fact that the draft announcement had been approved, as was held in the findings. With regards to the findings of the Court of Appeal of NSW regarding the failure in calling Robert resulted in the diminishing of cogency of the evidence of the ASIC, while ASIC admitting that there had been a general duty to act in a fair manner, it was held by the High Court that There was a failure on part of the Court of Appeal in identifying the source of any duty to call out specific evidence, along with the lack of ascertaining the source of rule, which was stated to be applicable in case of breach of the duty; Even if it is deemed that there was an existence of such a duty, it could be fairly expected that the remedy would be in the ASIC being directed by the primary judge to call a witness or to stay the proceedings, till the time the same was done by ASIC; or in case the trial went to the judgment stage in the appellate court, o consider if the miscarriage of justice required a retrial; and A solution regarding the unfairness could not be found in needing the cogency of the evidence which was brought forward and which was somehow discounted (High Court of Australia, 2012). The reliance of the Court of Appeal on Jones v Dunkel (1959) 101 CLR 298; [1959] HCA 8, regarding the unexplained failure in calling the evidence giving the court the right to draw an inference to the opposing party in a comfortable manner, where the inference was present on evidence, and the approach taken in Blatch v Archer (1774) 1 Cowp 63 at 65 [98 ER 969 at 970], regarding the evidence to be weight as per the proof which it was in the power of to have produced by one side, were rejected by the High Court. The case of ASIC was not dependent upon inference, and instead on the direct evidence which was found in the minutes to the board meeting held in February (Scott, 2012). Hence, the decision of the primary judge that the general counsel/ the company secretary, along with the non-executive directors had breached section 181(1) of the Corporations Act, 2001 was restored by the High Court of Australia (Austin, Standen and Reynolds, 2012). References Austin, R., Standen, M., and Reynolds, C. (2012) The High Court decides the James Hardie case. [Online] Minter Ellison. Available from: https://www.minterellison.com/files/Uploads/Documents/Publications/Alerts/NA_20120509_JamesHardieDecision.pdf [Accessed on: 06/05/2017] Australasian Legal Information Institute. (2012) Australian Securities and Investments Commission v Meredith Hellicar Ors ([2012] HCA 17) Case Summary [2012] HCASum 17 (3 May 2012). [Online] Australasian Legal Information Institute. Available from: https://www3.austlii.edu.au/au/other/HCASum/2012/17.html [Accessed on: 06/05/2017] Australasian Legal Information Institute. (2017) Corporations Act 2001. [Online] Australasian Legal Information Institute. Available from: https://www.austlii.edu.au/au/legis/cth/consol_act/ca2001172/ [Accessed on: 06/05/2017] Bradman, P., and Less, J. (2012) James Hardie Directors Approved Misleading ASX Release. [Online] Wotton + Kearney. Available from: https://www.wottonkearney.com.au/downloads/case%20note%20-%20james%20hardie%20directors%20approved%20for%20misleading%20asx%20release.pdf [Accessed on: 06/05/2017] Cassidy, J. (2006) Concise Corporations Law. 5th ed. NSW: The Federation Press. Czoch, K., and Whalebelly, R. (2012) Australia: The James Hardie Decisions: ASIC v Hellicar Ors [2012] HCA17; Shafron v ASIC [2012] HCA 18. [Online] Mondaq. Available from: https://www.mondaq.com/australia/x/176336/Directors+Officers+Executives+Shareholders/The+James+Hardie+Decisions+ASIC+v+Hellicar+Ors+2012+HCA17+Shafron+v+ASIC+2012+HCA+18 [Accessed on: 06/05/2017] Federal Register of Legislation. (2017) Corporations Act 2001. [Online] Federal Register of Legislation. Available from: https://www.legislation.gov.au/Details/C2013C00605 [Accessed on: 06/05/2017] Floro, A., and Meikle, K. (2012) The decision: ASIC v Hellicar Ors. [Online] Lexology. Available from: https://www.lexology.com/library/detail.aspx?g=c02498f5-ec3a-4514-af79-0d8982db328a [Accessed on: 06/05/2017] Garnaut, B. (2013) ASIC V Hellicar and the Meaning of Acting as the Model Litigant: Thursday 14 February 2013. Adelaide SA: Law Society of South Australia. Gunning, P., and Heller, N. (2013) High Court cases from 2012 what do you need to know?. [Online] King Wood Mallesons. Available from: https://www.kwm.com/en/au/knowledge/insights/high-court-cases-from-2012-what-do-you-need-to-know-20130401 [Accessed on: 06/05/2017] High Court of Australia. (2012) Australian Securities and Investments Commission. [Online] High Court of Australia. Available from: https://eresources.hcourt.gov.au/downloadPdf/2012/HCA/17 [Accessed on: 06/05/2017] Hill, J.G., and Thomas, R.S. (2015) Research Handbook on Shareholder Power. Northampton, MA, USA: Edward Elgar Publishing. Jacobson, D. (2012) ASIC v Hellicar: Liability Of Company Directors (James Hardie). [Online] Bright Law. Available from: https://www.brightlaw.com.au/asic-v-hellicar-liability-of-company-directors-james-hardie/ [Accessed on: 06/05/2017] Scott, D.P. (2012) Shafron v Australian Securities and Investments Commission (2012) 286 ALR 612. University of Tasmania Law Review, 31(2). Time Base. (2012) ASIC v Hellicar Others James Hardie directors lose to ASIC in High Court. [Online] Time Base. Available from: https://www.timebase.com.au/news/2012/AT169-article.html [Accessed on: 06/05/2017] WIPO. (2015) Corporations Act 2001. [Online] WIPO. Available from: https://www.wipo.int/wipolex/en/text.jsp?file_id=370817 [Accessed on: 06/05/2017]

ACT Test Essay Sample Questions - Learn How to Write a Well Thought Out Essay

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