Ethical Principles Essay Examples - Free Research Paper Topics on StudyDriver.com

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 […]

Areas of Law

Media report analysis 1. Identify the areas of law that are relevant to the chosen media report, and explain how they are relevant to the matters outlined in the report. Criminal Law Kelden Edward Fraser has committed a crime by breaking out a prison van at Geraldton Airport as he was being transferred to a maximum security jail due to his bad behaviours. Furthermore, Fraser was capture again as he has allegedly committed criminal offence for armed robbery. Tort Law […]

Homicide Law in the UK

1. The current law of homicide has been criticised widely for being archaic, complex and in need of reform. The Law Commission has reviewed the state of the law and proposed a new statutory framework which simplifies the law of homicide.[1] One of the biggest criticisms of the current common law is the wide definition ascribed to murder. It is defined as when someone unlawfully kills someone with the intent to kill or to do grievous bodily harm.[2] The breadth […]

Environmental Law in Hong Kong

Case 1 HKSAR v Dragages Hong Kong Ltd, HCMA 238/2014 Why did the defendants fail to make out a statutory defence? According to section 33 of the Noise Control Ordinance (Cap 400), the statutory defence made towards section 6 can be, by reason of the fact of any authorization under any licence, permit or exemption granted under any other Ordinance; in pursuance of the purpose of the prevention of injury to any person or the saving of the life of […]

Digital Evidence Admissibility

Law Examination Q3: Outline and discuss the factors which will determine the admissibility of computer-generated or computer stored evidence Answers: Admissible Evidence Before determine the admissibility of the computer-generated or computer stored evidence, we should know an evidence of what conditions are needed to meet is an admissible evidence. Gerald and Kathleen Hillgave us a definition of admissible evidence: ” evidence which the trial judge finds is useful in helping the trier of fact (a jury if there is 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 […]

Directors’ Duties Problem Question

The establishment of Shine Ltd was with the sole intent to produce industrial solvents and cleaning solutions. Appointment of the office of managing director was given to John to cover that post. During this course, the company acquired an agreement with XYZ plc a conglomerate. While still under the directorship of John the company came up with a new super glue. In his capacity as a director, he presented this to the manager with the hope that it would be […]

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 […]

Donoghue V Stevenson

The fact in Donoghue V. Stevenson[1] was that the appellant drank a ginger beer that was bought by her friend in a cafA© and she drank part of it from her cup. Her friend poured the rest and a decomposed snail was seen floating on the ginger beer. The nauseating sight coupled with the fact that the appellant had drank from it caused her shock and severe gastro-enteritis. She brought an action and the issue before the court was whether […]

Defamation as a Tort in Common Law

Introduction to Defamation. Defamation also called calumny, vilification, slander and libel is the communication of a statement that makes a claim, expressly stated or implied to be factual, that may give an individual, business, product, group, government, or nation a negative image. Defamation is the publication of a statement which refers on a person’s reputation and tends to lower him in the estimation of right-thinking members of society generally or tends to make then shun or avoid him. The tort […]

Court Attendance Reflection

Black cascading robes, white periwigs and the resounding thud of a court hammer are the images often associated with the administration of criminal justice. Over the course of my court attendance I quickly realized that this idealized perception fails to reflect the complexities of the criminal justice system. The first issue I will discuss is the value of legal representation and the how its absence can compromise an individual’s right to a fair trial. The next theme which struck me […]

Constitutional Law in the United Kingdom

Constitutional law in the UK is a varied and interesting topic, largely because of the peculiarities of the UK constitutional system. This essay will consider the issues surrounding constitutions, their definition, purpose and specifically whether the UK can be considered to have a constitution. There are several versions of the definition of ‘constitution’ in a legal context. Bradley and Ewing consider that there are two meanings to the term – one a wider construction and the other a narrower viewpoint. […]

Contract Law in Malaysia

Question (a): Introduction Contract is an agreement that leads to legally binding and legally enforceable between both parties, as stated by (Latimer, pg275). It is crucial to understand the meaning of “contracts”, without an agreement which legally binds and enforced, there would be no business. In Malaysia, there is contract law in a statute, the Contracts Act, 1950. There are several elements of forming contract, which are offer, acceptance, the intentions to create legal relations, consideration, capacity and certainty. Capacity […]

Controversies on Article

Since the establishment of the European Union (hereinafter ‘EU’) with the Maastricht Treaty in 1993, the accession to it, had been perceived as the cornerstone for a state into a new national economic and political development. The crucial premise of the EU is the incorporation of the EU legal order in its entirety into the state national legal system over which the EU has precedence, in other words, limiting its sovereignty in favour of firming up the integration in the […]

An Outline of the Community Service Order

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 on the criminal act for which s/he has been sentenced, the order is a method of rehabilitation preventing the offender from falling into a […]

One Person Company

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 introductions are revolutionary steps and a relief for the investors and the companies. The new law has changed six decades old legislation that needed new […]

Comparison between English Law Framework and Malaysian Law Framework

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 idea that is ordinarily alluded to as ‘the principle of law’. Introduction In the event that posing the question, “why if I comply with […]

Confidence in British Jury System

“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 the Criminal courts of England and Wales, Chapter 5, paragraph 1 Is such confidence in the jury system justified? Trial by jury is the idea […]

Canadian and International Law

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 if one had all the things previously mentioned, they would not be very useful if one was not allowed to live by his/her wishes. Everyone […]

Civil and Criminal Procedures

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 defendant who pleads or is found guilty to keep him from acting in the same manner in the future and also to deter others from […]

A Tort Law

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. Technically, Mark could bring an action for economic loss under negligence and vicarious liability which are governed by the law of tort. Since we are […]

Australian Criminal Law System

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 an accused on trial for a serious criminal offence has a right to the provision of counsel at public expense. Further, that as a matter […]

Bill of Rights

“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 on Human Rights is a necessary first step, but it is not a substitute for our own Bill of Rights…”. In the period that has […]

Professional Misconduct Among Lawyers

>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 in the legal profession can be intellectually challenging, personally fulfilling and financially rewarding. The role of the lawyer varies significantly across legal jurisdictions. An important aspect […]

Human Rights International Law

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. World War II and the establishment of UN have been a statutory landmark in the history of human rights. The Classical period of international law […]

Lockean Approach to Copyright Law

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 fruits of labour. This forms the basis of the argument and further criticism in the paper titled: ‘Locke, Labour and Limiting the Author’s Right: A […]

An Introduction to Trial Advocacy

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] Yet on the other hand there are those who adopt a wider comprehension of trial advocacy to entail the daily skills of legal practice including […]

AFSPA an Alleged Failure

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 the act after public agitation speaks of Indian democratic strength, however failure to take this ahead indicates lack of political will. A test of a […]

A History of Contract Law

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 third form of verbal contract is regarded as the most important of the three due to the breadth of situations in which it was used. […]

Alternative Disputes Resolution Mechanism in India Law

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, fair and just”. [1] Thus, the right to speedy trial has been rightly held to be a part of right to life or personal liberty by […]

Ethical Principles Essays