Text in Afrikaans / Die artikel bepaal welke regsgevolge voortvloei indien 'n saamwoon-verhouding tot 'n einde kom. Daar word eerstens na die posisie in Engeland gekyk met verwysing na vererwing, gesinsgeweld, 'n deliksaksie weens verlies aan onderhoud, verdeling van eiendom en minderjarige kinders. Daarna word die posisie in Swede in oenskou geneem op dieselfde basis. Laastens word die regsposisie in Suid-Afrika bespreek. Die gevolgtrekking is dat saamwoners hier te lande swakker af is as in meeste ander Westerse lande. Die howe hier het nag min leiding gegee oar die klassieke saamwoonverhouding se implikasies. Gevolglik weet saamwoners nie presies wat hulle te wagte kan wees indien so 'n verhouding eindig nie. Enkele voorstelle vir regshervorming word verskaf. / The purpose of the article is to ascertain which legal consequences follow when a "common law" marriage is dissolved. Firstly, the position in England is evaluated with specific reference to inheritance, family violence, a delictual action for loss of support, division of assets and minor children. Thereafter the position in Sweden is evaluated on the same basis. Lastly, the position in South Africa is discussed. It is concluded that participants to a common law marriage in South Africa do not enjoy the same protection as in most other Western countries. The Courts have given little assistance in this regard. Consequently people that live together cannot be certain of the consequences when their relationship is dissolved. Suggestions are provided for legal reform: / Private Law / LL. M.

The purpose of the study was to analyze the legal rights and responsibilities of Canadian university students in order to provide information to university administrators. Three specific procedures were used to obtain data. The first, a compilation of Canadian higher level court cases involving students, produced 40 cases which were heard between 1848 and 1981. The second procedure led to approximately two dozen articles and books related to student rights and responsibilities. A summary of the cases and opinions published in legal articles was presented since no compilation of such information had been previously attempted. The third procedure was to send a questionnaire to the registrars of Canada's 51 degree-granting institutions requesting information on the concerns of universities regarding legal rights of students and asking for information on lower level court cases which they knew had taken place between their institution and students. Forty-five responses were received which included information about 37 cases. A brief outline of the cases was presented. An analysis of the legal proceedings and opinions published in legal articles identified a pattern of rights and responsibilities for students and institutions. Rights and responsibilities were discussed with regard to court adjudication into university affairs, the role of the Visitor, Board of Governors, the power of acts, discrimination, public v. private institutions, refusal of admission, natural justice and the existence of a contractual relationship. It was found that the rights of students did differ among the provinces. It was not possible to predict what circumstances would result in students, universities or others being the plaintiff in a legal proceeding. An analysis of questionnaire responses indicated that the majority of respondents were concerned about protection against legal proceedings by students. This concern had increased in recent years due to student awareness about legal rights and administrator concern about possible suits. The 37 cases reported by respondents followed a similar pattern of grievances to those heard at the higher court levels. Steps were being taken by institutions to handle the disputes of students internally so as to prevent grievances from reaching the courts. Based on the material presented in the study, guidelines were formulated for consideration by university administrators. These guidelines dealt with practical matters such as appeal committees, the calendar, and privacy of educational records.

Children's right to participate in judicial and administrative matters that affect them is perhaps the most frequently overlooked children's right, globally. This research was a descriptive study of what exists with regard to children's participation, at the Office of the Family Advocate, when parents divorce. The methods of data collection used included a content analysis (quantitative method) a focus group interview (qualitative method) and review of the literature and legislation. The content analysis involved analyzing the data of forty case files involving disputed cases, according to a content analysis schedule. The focus group interview was conducted with family advocates and family counselors and focused on various factors that facilitate or impede children's participation at the enquiry. The data obtained was analyzed manually and presented in the form of pie charts, tables, discussions and quotes. From the content analysis the researcher found that most children had definite views regarding their future care. One of the factors that hinder children's participation at the enquiry is the fact that not all enquiries are conducted using the team approach. The research also indicates that the adversarial nature of divorce proceedings impact negatively on children's participation and a more conciliatory approach would prove more child-centered. The focus group interview indicates that the professionals involved have positive attitudes towards children's views and participation in the enquiry. Children's expressed wishes are considered in conjunction with other factors such as the bond between parent and child, and the suitability of the parent. The focus group participants made various suggestions with regard to ensuring a more child centered approach regarding children's participation. The researcher presented the major findings, together with recommendations for future research at the end of the study. / Thesis (M.A.)-University of KwaZulu-Natal, Durban, 2004.

University of Macau / Faculty of Law

This thesis seeks to develop background knowledge about actors in the Province of British Columbia. The British Columbia Labour Relations Act defines actors as employees. The federal Status of the Artist Act recognizes them as self-employed. How did this conflict arise, and how does it affect the role of actors in Canadian cultural life? The status of actors individually and severally under the Vagrancy Acts of England from 1572 is analyzed. The censure of. artists by a U.S. Congressional Committee in the twentieth century is reviewed. The international model of cultural self- determination and freedom of individual conscience as promulgated by the Universal Declaration of Human Rights and UNESCO Charter is outlined. The arms-length model suggested in the 1951 Massey Report; and the 1957 Canada Council. Act is examined. The erosion of the arms-length principle in Canadian cultural affairs is linked to the politicizing of the arts in Canada: art production coupled with social policy and political initiatives in the 1970's; the cultural industries identified as a source of economic benefits in the 1980's; and regional industrial strategy initiatives presented as cultural policy in the 1990's. In conclusion, an assessment of current trends in cultural policy affecting actors' status, rights, professional development, and artistic freedom in British Columbia is followed by a draft Status of the Artist Act, policy recommendations in culture, and a proposal for an Actors' Development Company.

No description available.

No description available.

The purpose of the study was to conduct an analysis of due process held by selected Indiana secondary school principals. Specifically, the study was to provide an overview of the following:1. The current status of secondary school principals in regard to due process.2. The desired status of secondary school principals in regard to due process.3. The procedures necessary for secondary school principals to obtain due process.Data for the study were obtained through a survey questionnaire which was developed and mailed to 100 randomly selected Indiana secondary school principals. Information for the questionnaire was obtained through the study of instruments reared by professional associations, a review of literature, and known concerns of a select panel of secondary school principals. The information was then embodied into the 31 item questionnaire. Ninety-two useable questionnaires were received and used in the study.Major findings of the study were:1. Forty-three principals were contracted for one year while sixteen principals held three year contracts.2. Thirty-four principals reported that notification or renewal or non-renewal of contracts was received on or before April 30th.3. Fifty-five principals indicated they did not administer under a written job description.4. While 25 principals indicated a written evaluation of their job was received, 57 principals indicated the evaluation of performance was verbal or non-existent.5. Thirteen of the principals indicated the non-renewal of a contract had been experienced and twelve of the thirteen indicated a school board hearing was not granted, an opportunity to defend decision was not given, nor were written reasons for the non-renewal of the contract received by the principal.Major conclusions of the study were: Current Due Process1. The Indiana secondary school principal lacks statutory recognition that provides for early notice of the renewal or non-renewal of contract.2. The majority of the principals lack a written job description and two thirds were not involved in the development of the job description.3. The majority of the principals are not involved in the development of the evaluation instrument.4. The principals usually are not given a hearing nor an opportunity to defend administrative decisions when faced with non-renewal of the contract.5. Principals are usually dismissed without receiving the reasons in writing.Desired Due Process1. Indiana secondary school principals solidly indicated that the most important requirement for due process is sound personnel procedures to channel complaints and the right to provide a fair response.2. Indiana secondary school principals want the right of early notification when faced with the non-renewal of the contract.3. The principals want the opportunity to a fair and impartial hearing before the school board prior to receiving a dismissal notice.4. Principals want the right to be furnished with written, documented charges when faced with dismissal.The following recommendations are based upon the evidence established by research findings and conclusions in this study:The Indiana secondary school principal:1. Should belong to the Indiana Association of Junior and Senior High School Principals for professional support in the position.2. Should initiate and support strong legislation which will aid in establishing the entity of the principal and provide a legal basis for clearly marking out the bounds of principal rights and responsibilities and asserting his authority.3. Should be involved in developing a written job description of performance objectives and criteria which will provide a more objective and less subjective review of the work of the principal.4. Should be given a yearly evaluation in writing based upon a professional evaluation instrument.5. Should be given early notice based on Indiana principal law when faced with the non-renewal of a contract.6. Should be given the opportunity for a fair and impartial hearing before the school board to defend administrative decisions when faced with the non-renewal of a contract.7. Should be given written, documented reasons, non-arbitrary and non-capricious, when faced with the non-renewal of a contract.8. Should be given a multiple year contract, renewal each year, to provide stability and security in the principalship.

This thesis has explored the professional responsibilities of the certified public accountant in rendering opinions on financial statements. Of major concern were the effects of third party litigation upon the accountant's audit responsibility. An analysis of third party litigation revealed the Ultramares precedent and its significance upon the development of changes in the accounting profession. British precedents were paralleled with their counterparts in the United States in order to illustrate the similarities in judicial rulings.In addition to the economic and legal ramifications involved, the implications of "generally accepted accounting principles" were also reviewed. Specific cases were selected on the basis of their relevance to third party litigation. Other sources included both primary and secondary information. Direct correspondence was made with the members of the so-called "Big 8" CPA firms for the purpose of obtaining their respective attitudes toward specific policies which were alluded to in this study.

The purpose of the study was to assess the general knowledge of Indiana school law possessed by Indiana public secondary school teachers. The population consisted of three hundred and thirty randomly selected Indiana public secondary school teachers.A researcher developed assessment instrument comprised of thirty items from Indiana school law in the areas of teacher tenure, pupil control, and tort liability was utilized. One statistical hypothesis and six statistical subhypotheses were analyzed with a Z test. The five percent level of significance was established as the probability level for non-acceptance of the hypothesis and subhypotheses.Conclusions1. The percentage of Indiana public secondary school teachers who possess a fair or better level of knowledge of pupil control, and tort liability is likely between seven and fifteen.2. There is no significant difference in the level of knowledge of Indiana school law possessed by Indiana public Indiana school law in the combined areas of teacher tenure, secondary school teachers when grouped according to years of teaching experience, location of their teacher education training, and inclusion of instructional units on school law in their teacher education training.3. The percentage of Indiana public secondary teachers who possess a fair or better level of knowledge of Indiana school law in the area of teacher tenure is likely between four and twelve.4. The percentage of Indiana public secondary school teachers who possess a fair or better level of knowledge of Indiana school law in the area of pupil control is likely between twenty-two and thirty-four.5. The percentage of Indiana public secondary school teachers who possess a fair or better level of knowledge of Indiana school law in the area of tort liability is likely between seventeen and twenty-seven.