INTRODUCTION Civil society is a term oft-repeated in democratic contexts today. Seen as an essential component of the liberal framework of political structures, it is essentially the space of free association for the masses. India, a multicultural democratic country, boasts of a vibrant civil society. At the same time, it also has accusations of being […]
An Introduction to Issues of Gender in Stalking Research Stalking has been the subject of empirical examination for a little over 20 years. Interest in stalking – both empirical and public – has increased substantially within the last decade (see Figure 1). A PsycINFO search of the first decade of stalking research yields only 74 […]
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Get startedProselytism, conversion and the freedom to change one’s religion: A critical analysis Abstract This dissertation seeks to critique the extent to which Article 9 of the ECHR upholds an individual’s “freedom to change his religion and belief”. It is respectfully submitted that the landmark decisions of the European court have provided inconsistent guidance with respect […]
The difference between moral and ethics can seem somewhat arbitrary to many yet, in fact, there exists a delicate difference between these two respective ideas (Kayne, 2015). In this essay, the writer will attempt to present the difference between moral and ethics and evaluate the following ethical perspectives–utilitarianism, Rawls’s justice and fairness theory and communitarianism–as […]
Vicarious liability in the context of the principal-agent relationship means an imposition of responsibility on the principal on the acts of the agent. This form of liability finds its basis on the common agency law principle of respondeat superior Âor “let the master answer,” imputing the actions of the servant agent) on the master (principal). […]
Access to Justice Legal aid was introduced after the Second World War to permit people who could not otherwise afford the services of lawyers to be provided with those services by the State.[1]The system and costs grew hugely over the decades and underwent various restrictions and cutbacks during the late 1990s.[2]Although there have been many […]
Table of Contents Introduction Facts in the Scenario Identification of the Legal Issues Arising From the Facts in the Scenario Identification and Application of Appropriate Legislation or Case Law Conclusion Bibliography In Advising Jane Introduction Company law primarily discourses certain major sets of fundamentals that are integral in the structure of large companies. These principles […]
5. AFSPA an Alleged Failure. As per certain sections of the society, The AFSPA has neither solved the insurgency in the North East nor terrorism in J & K .Besides it is is disliked by the local public and hence warrants a review. In fact, as per critics of the act, the decision to review […]
Under the Roman law of obligations, there were four forms of contract: consensual contracts, verbal contracts, contracts re and contracts litteris. Furthermore, there were three forms of verbal contract: dotis diction (concerning arrangements for dowry prior to marriage), iusiurandum liberti (the oath of service made by a freedman immediately after his manumission), and stipulatio. This […]
Rules are necessary in a civilised society to assist us in solving disputes, arising between “the state and the citizen, or between citizens themselves†(Portsmouth NHS Trust v Wyatt and Wyatt [2005] per Hedley J at [4]). However, in any dispute, each party will have rules and principles that best suit their own beliefs or […]
In Article 21 of the constitution of India, it is been stated in the mandatory tone that no person should be deprived with his life and personal freedom except according to the method established by law. Further, the method mentioned in the Article is not some form of a procedure but it should be “reasonable, […]
Article Review on “Locke, Labour and Limiting the Author’s Right: A Warning Against a Lockean Approach to Copyright Law†SUMMARY Copyright law, which mostly deals with the author’s right over a particular work against the general public is said to follow the Lockean theory of Labour which states of natural entitlement to the […]
Introduction to trial advocacy The history of trial advocacy cannot be correctly elucidated without a good understanding of trial advocacy. Formalists like Terence F McCarthy believe that trial advocacy entails the mechanism by which advocates become effective in trial proceedings.[1] They essentially limit the conception of trial advocacy to the formal teaching of courtroom forensics.[2] […]
TITLE: REVIEW ON CASES OF PROFESSIONAL MISCONDUCT AMONG LAWYERS TOPIC: REVIEW ON CASES OF PROFESSIONAL MISCONDUCT AMONG LAWYERS. Introduction and Nature of Misconduct The field of law has numerous subdivisions of profession to be involved into. This includes conveyancer, barrister, solicitor, lawyer, public prosecutor, public defender, judicial commissioner, and judges. As all know, a career […]
Are there some human rights that are more ‘fundamental’ than others? “Fundamental rights”, “Fundamental freedoms”, “Human rights and fundamental freedoms” are buzzwords in contemporary international law. Regardless of the widespread usage of these ideas both in academic environment and in daily life, controversial debates, whether there are rights more fundamental than others, are still actual. […]
First of all, I would like to give some information about Civil law. Civil Law or Roman Law is second well-known legal system in the Western World which is obtained from the Roman Empire. The Civil Law system described a system whereby the law of the land gains from the civil authority or the state. […]
Introduction Based on the question, Mark had suffered property damage due to the fire that was set by the youths. Therefore, we are required to advice Mark in respect of any claims he may have against various parties: the Amber Borough Council (hereinafter ABC), Chigley Services, Home Office, Justin and Jason, and the Fire Brigade. […]
Part 2: critical legal analysis: You must critically analyze and discuss the question. You must support each of your agreements with authority. If there is no case law to support your argument, you may use any academic or other literature or commentary that supports your argument. Q4:The common law of Australia does not recognize that […]
In light of the legal theory below, critically assess the judgements in A v Secretary of State for Home Department [2004] UKHL 56. What, if anything can the judgements tell us about legal theory? The question posed here provides a remarkable range of issues that are available for analysis by means of legal theory. The […]
“If a home grown Bill of Rights was adopted, fundamental rights and freedoms would be afforded better protection.†Even prior to re-entering office in 1997 and overseeing the enactment of the Human Rights Act 1998, the Labour Party was constitutionally committed to the enactment of a Bill of Rights[1]: “The incorporation of the European Convention […]
“He who asserts must prove”. This statement of law allows us to understand that in criminal cases the onus of proof rests with the prosecution and that the standard of proof is one that must be satisfied beyond a reasonable doubt [1] . However, there are exceptions to this in the form of both statutory exceptions and […]
Human Rights Violations – Freedom of Expression If individuals were asked to immediately list a few things that they could not imagine life without, many would instantly think of food, water, family, and shelter. However, equally important are the rights that humans must be provided with by the country in which they reside in. Even […]
Newton Cantwell and his two sons, Jesse and Russell, members of a group known as Jehovah’s witnesses, and claiming to be ordained ministers, were arrested in New Haven, Connecticut, and each was charged by information in five counts, with statutory and common law offenses. After trial in the Court of Common Pleas of New Haven […]
This essay seeks to illustrate the role that ‘Common law’ and ‘Case law’ has played in the development of UK health and safety statute. The author will seek to explain the origins of Common law, its application and its interrelationship with statute law, in terms of statutory interpretation and the doctrine of judicial precedent. Both […]
Why is ‘civil procedure’ different from ‘criminal procedure?’ In criminal matters, action is taken by the “state” (either federal, state, or local government agencies) against an individual for a violation of the law. A criminal matter can result a sentence such as a fine, probation or time in jail. The sentence is imposed upon a […]
109528 Formerly known as a Community Service Order introduced by the Criminal Justice Act 1972, a community punishment order[1] is now regulated by the Powers of Criminal Courts Act of 2000. The aims of a community punishment order is solely to reform the offender whilst he/she remains in the community, allow an opportunity to reflect […]
Title of the Article-“Company Law, 2013: Demystifying NCLT and One Person Company†Abstract The Companies Act 2013 has been a mixed bag of affairs. It has come up with new rules regarding various institutions that were not there till now like the NCLT and the NCLAT and the provisions of one person company. These new […]
Abstract This report concentrates on tow of those frameworks, the English legitimate framework and the Malasysian lawful framework However, distinguishing that this frameworks of equity can’t be completely seen in separation, we start with a short remark on the UK’ and MY are sacred plans to show how this frameworks will be essential result of […]
“The jury system is often described as “the jewel in the Crown” or “the corner-stone” of the British criminal justice system. It is a hallowed institution which, because of its ancient origin and involvement of 12 randomly selected lay people in the criminal process, commands much public confidence.” – Lord Justice Auld (1999) Review of […]
In times gone by, the offence of rape was defined as ‘the carnal knowledge of a woman forcibly and against her will’.1 The offence was initially silent on the issue of mens rea and it was not until DPP v Morgan2 that its inclusion and the effect that this had on mistakes about consent was […]
