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Judicial Decision

JUDICIAL DECISION-MAKING AND SOCIAL JUSTICE I INTRODUCTION The judiciary’s collective reputation for impartiality and independence is vital in maintaining the perceived legitimacy of judges’ decisions. According to Sir Owen Dixon, this necessitates judges to accept that they should exercise their power via the techniques of legal reasoning. [1] Despite the general consensus on the importance of judicial independence, particularly from executive interference, there has been increasing criticism aimed at the extent to which judges consider issues relating to social justice […]

Jurisdiction and Powers of the High Court

Introduction As legal disputes arise by the day, litigants seek different avenues to solve their matters. One of the ways is by instituting these matters before a court. However, the basic and most important step is to go before a court of competent jurisdiction. According to the Black’s Law Dictionary, “jurisdiction”is the power and authority constitutionally conferred upon a court or a judge to pronounce the sentence in law, or to award remedies provided by law, upon a state of […]

John Hopkins Hospital Case Analysis

Dismiss Memorandum of Law in Support Of Defendant’s Motion to Remand To the Circuit Court for Baltiomor City, Maryland. Plaintiff Kanwe West, through his undersigned counsel, movestatement of facts below support that the Defendant has been denied his right to a speedy trial and therefore, is entitled to an order to dismiss by this Honorable Court to remand this action pursuant to 28 U.S.C. 1447(c), submits this memorandum of law in support of its Motion to Remand. Introduction Plaintiff Kanwe […]

Lange Vs Australian Corporation

LWZ203 Constitutional Law Q(i) Do you believe that Lange vs Australian Podcasting Corporation (1997) 189 CLR 520 was correctly decided? The Constitution contains few express rights and freedoms. Amongst OECD countries, Australia and Israel are countries whose constitution does not have an explicit Bill of Rights. The High Court of Australia has recognized that the structure and the text of the constitution , including the system of “representative and responsible government” may give rise to implied freedoms. An implied Freedom […]

Intention to Create Legal Relations

1.”The concept of ‘intention to create legal relations’ is used by the courts as a device to enable them to deny enforceability to those agreements which they consider should not be legally enforced” (Jill Poole, Contract Law). In order for a legally binding contract to come into existence, there are certain requirements which must be met. Briefly, these requirements include a clear offer and acceptance, consideration moving from the promisee, and an intention on the part of the contracting parties […]

The Australian Constitution: Interpritation

Introduction Constitutional interpretation has been frequently discussed in many parts of the world, particularly Australia, which will be the main focus of the article. Generally, constitutions play a vital part in federal systems. Some theories of constitutional interpretation have been applied throughout a period of time until further reflection highlighted its shortcomings.[1] The debate over the importance of different modes of constitutional interpretation has been ongoing for a period of time. Before we begin considering the two major cases on […]

Is it Necessary for a Country to be Governed by a Constitution?

Introduction Black’s Law dictionary defines the constitution as “the fundamental and organic law of a nation or state that establishes the institutions and apparatus of government, defines the scope of governmental sovereign powers, and guarantees individual civil rights and civil liberties.”[1] Constitutions are classified as written or unwritten, flexible or rigid. Although ancient laws have always been there, the oldest known constitution which best exemplify the modern constitution is the Code of Hammurabi which was first discovered in 1902 but […]

Issue of Interests

The issue of interests which are unknown to the purchaser of land have long been a problem to less cautious buyers. This essay will examine the way in which title of land has not been indefeasible through registration due to the existence of overriding interests and will seek to explain how the new provisions of the Land Registration Act 2002 limits the scope of these interests and pursues the aim of a register which mirrors interest in title. As Gray […]

Involuntary Intoxication

More than any other area of criminal law, intoxication demonstrates the clash between principle and policy. It is a fundamental principle of criminal law that liability should follow fault and that a person is only at fault if their behaviour is voluntary (actus reus) and the product of rational thought (mens rea). Strict adherence to this principle would acquit defendants who committed crimes whilst intoxicated if this impaired their ability to think and reason. However, as official statistics demonstrate that […]

Individual Communications Mechanism and Human Rights

To assess whether individual communications can lead to the greater realisation of human rights, it is imperative to consider; the benefits which the individual communications mechanism (ICM) provides individuals with, a discussion of the shortfalls of the ICM and how other methods of monitoring and protecting human rights may overcome these issues. It shall be argued that the ICM, despite providing for greater access to human rights for individuals, cannot be a better hope for realising human rights than other […]

Innominate Contracts

What were the innominate contracts? Where did they come from and why were they important? The very term innominate (literally without name) is potentially confusing since these so-called contracts are named very specifically. The term refers to their place in the system of classification of contracts in Roman Law rather than their possessing the characteristic of being unnamed. A distinct characteristic of Roman Law is that it might be said to possess a law of contracts as opposed to a […]

Inquisitorial and Adversarial Systems

An inquisitorial system of criminal justice offers the best system for ensuring that those guilty of committing criminal offences are convicted and that the innocent are acquitted. Inquisitorial and Adversarial Systems Defined and Compared In England and Wales and other common law countries such as the United States, criminal proceedings are operated on the basis of what is sometimes referred to as an adversarial system of justice. This differs from the so-called inquisitorial system of justice which is employed in […]

Growth of Real Estate in Dubai

Growth of Real estate in Dubai Dubai residential property market is improving and growing. It started way of growing since 2008 – 2014. Especially after UAE won expo 2020, it brings more investors and visitors. Everyday there are new project launches. Everything gets sold out in few days. The rules and conditions for buyers are changed. It became more convenient and easy. Investors are coming from every place in the world. Mostly they are Indian, Pakistani, Russian Locals and Iranians. […]

Guidelines Relating to Encounter Killings

Guidelines specific to Encounter Killings: The general procedure on the Human Right Violations was not so fruitful in ensuring proper compensation nor preventing further encounter deaths. So the National Human Rights Commission had to issue directives/guidelines specifically for Human Right violation related to encounter deaths. According to those the reports had to be submitted within a stipulated time frame and on the receipt of such reports, the NHRC investigates these cases. Where it believes there was no apprehension of any […]

Analysis Al Khawaja V UK

Hearsay rule is among the remarkable rules of the law of evidence which was first developed in English-speaking countries during the second half of the eighteenth and the first years of the nineteenth century. The admissibility of hearsay evidence has been a controversial issue while some people asserted that it should be abolished. In fact, segregates those statements which possess high probative value from hearsay evidence as exceptions of hearsay will undoubtedly fit the development tendency of history. Remove the […]

Judicial Discretion and Jurisprudence

Moral questions impact the law at every corner. A rigid separation between morality, law, and discretion is implausible and, as Wacks defines it, “an improbable enterprise.” [1] In theory and in practice, the judiciary functions as the crux of the common law in Hong Kong. It is therefore in judicial discretion that the perception of law is segregated into two main schools of thought: legal naturalism and positivism. The naturalistic claim that the very essence of law is its morality […]

How and why some Conduct is Considered Unlawful

In order to understand unlawful conduct it is important to know the differences between civil and criminal law and fault. Factors which influence why conduct is considered unlawful and how conduct is labelled as unlawful will be looked at in depth in following paragraphs. For the purpose of this essay unlawful conduct may be defined as any conduct that is forbidden by law. There are fundamental distinctions between civil and criminal law. In civil law a private party, known as […]

Equitable Rights to a Property

A) After considering the concern you have raised during our meeting I have prepared a summary of the law and advice. Although there is not any reference to notice or restriction on the property there are equitable rights which can bind the purchaser of a property even if there is not any reference to them on the register. Martin has stated that he has paid half the purchase price of the property when he and Penelope purchased the property. When […]

Equity and Trusts- Charities

Introduction The first issue that needs to be considered is whether Holmfirth Wheeltappers’ and Shunter’s Benefit Society is charitable. On the facts of the scenario it is evident that the association has not been established for charitable purposes as defined by section 3(1) of the Charities Act 2011. The next issue arising is that the association is obviously not a company and so it is an unincorporated association. Lawton LJ set out the definition of an unincorporated association in Conservative […]

Ethical Influences and Misconduct in the Prison System

Misconduct by Prison/Correctional Officer Are ethical influences imperative in the deterring of corruption by correctional officers within the prison system? “Sometimes corruption is slowed by shedding light into what was previously shadowed”. (P Wolfowitz et al 1943) The human resources in the criminal justice system, incessantly has opportunities and temptations of committing unethical acts. Inclusively in correctional institutions, correctional officers are no exception. Prisons are by nature dangerous institutions whereby correctional officers portray themselves as the last line of defense […]

E-Voting: Whether to Protect or Extinguish Corporate Democracy?

INTRODUCTION In the contemporary age of technology, rights of the shareholders can be better protected. E-voting is one such example. E-voting process or postal ballot system has been introduced in order to secure wider participation of shareholders in the decision-making of the company. E-voting makes it more convenient for people finding it difficult to attend the meetings physically. This was suggested by the Second Naresh Chandra Committee Report and the J.J. Irani committee in as back as in the year […]

Examining a Witness; Memory Refreshing

“The rules relating to refreshing memory allow a witness, who has forgotten everything about an incident, to still provide testimony. To that extent it subverts the purpose of examining a witness as it means they cannot be properly questioned about their recollection since they are testifying about what they are reading and not what they remember”. To what extent do you agree with this statement? Introduction The general rule is that witnesses are not permitted to give oral evidence by […]

Examining Use of Warranties in Marine Insurance

‘The term ‘warranty’ has been described as ‘one of most ill used expressions in the legal dictionary’. There are several types of warranties in marine insurance ranging from express warranties to implied warranties that are divided to seaworthiness, legality of voyage non-deviation, neutrality, nationality, safety, legality. In this essay special importance will be given to the notion of seaworthiness and different aspects of it. It was often the case that warranties in marine insurance were considered to serve the insurer […]

Exceptions to Indefeasibility

Exceptions to indefeasibility Indefeasibility of title which means that the owner’s title or interest in the land become not able to be defeated or doubted by any unfavorable claim which are not stated in the register. The case of Teh Bee v K .Maruthamuthu held that if there is no any of the vitiating factors stipulated in section 340[1] of the National Land Code (NLC) 1965, once the title is registered, it is indefeasible. For example, when Hanif bought a […]

Direct Effect of European Community Regulations

1) The matter at issue include: (a) direct effect of European Community (EC) regulations; (b) direct effect of EC directives; and (b) the principle of state liability. (a) Direct Effect of Regulations Article 249 of the Treaty Establishing the European Community (TEC) state: ‘…a regulation shall have general application. It shall be binding in its entirety and directly applicable in all Member States’. Thus, a regulation does not have to be implemented by Member States through national legislation for it […]

Director’s Legal Duties and Obligations

Companies’ directors are persons who are vested with the responsibility of the management of the company’s affairs. A company is usually composed of two main organs which are the board of directors and the members in general meetings. Every company provides the director extensive powers to supervise manage and control the company. Likewise every director owes certain duties and responsibilities towards the company. Directors stand in a relationship of trust and confidence with the company that is fiduciary relationship. [1]A […]

Does a Mother Owe a Duty of Care to her Unborn Child?

ASSIGNMENT 1: TOPIC 2 OVERVIEW Traditionally, legal protection was rarely granted to unborn child and in the event they were granted such protection, it was strictly dependent on their live birth.[1] Since then, the law governing a mother’s liability for prenatal injury has evolved and varies drastically across many jurisdictions. For example, in Canada, the courts generally take into account several policy factors to grant them immunity from liability. It is to be expected that a large majority of society […]

Suitable Legal Framework

With particular reference to the case law of the European Court of Justice and Court of First Instance, critically assess to what extent the EC Treaty provisions on annulment actions (Article 230 EC) and on non-contractual liability (Articles 235 and 288 EC) provide a suitable legal framework for rendering the legislative activities of European Community institutions accountable to private individuals? Article 230 EC Article 230 EC provides that qualified persons may challenge the validity of Community acts before the European […]

Ejusdem Generis Examples

Introduction The word “ejusdem generis” means “of the same kind or nature”.[1] The rule of ejusdem generis is that where particular words are followed in general, the general words should not be construed in their widest sense but should be held as applying to objects, persons or things or the same general nature or class as those specifically enumerated,[2] unless, there is a clear manifestation of a contrary purpose. To put in a slightly different language, where general and special […]

Duty of Care-negligence

Under the duty of care, there is another test used by the court in determining whether there is negligence in carrying out the duty of care which lead to the other person suffering from the damage as a consequences of the act. The test said in the above is called the Caparo ( composite) test. This test is based on the principle established in the case of Caparo Industries plc V Dickman. In the case, Lord Bridge acknowledged that the […]

Common Law Essays