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A Public Law on Devolution and Scotland

Assume that the UK Parliament has passed new legislation conferring powers on the UK government to determine, by Order, who has the right to vote in any UK referendum. The government is considering whether to make an Order extending the right to vote in the independence referendum to registered voters in England, Wales and Northern Ireland. The Scottish Government is furious and claims that this would be a breach of the Edinburgh Agreement and Sch 5, Part 1, para 5A […]

Arbitration in India

The rapid increase in trade, commerce and investment along with growing demand of asserting legal claims has led to streamlining of dispute resolution system in developing countries throughout the world. Litigation in many developing countries are confronted with numerous defects which have resulted in the evolution of the concept of alternative dispute resolution mechanism. With the march of time, the alternative forum of dispute resolution has gained importance and prominence in the world by empowering the ordinary litigants with promptness, […]

Are Individual’s Mental Health Issues Treated Fairly by the Criminal Justice System?

Are individual’s with Mental Health issues treated fairly by the Criminal Justice System? 1500 words. In this essay I will examine how individuals with mental health issues are treated by the Criminal Justice System and whether in modern day society it would be deemed fairly. The Mental Health Act of 1983 defined mental health issues as “mental illness, arrested or incomplete development of mind, psychopathic disorder and any other disorder or disability of mind”. A more modern definition is a […]

A Review of Keating’s ‘Distributive and Corrective Justice in the Tort Law of Accidents’

Gregory C. Keating [1] is a professor of Law and Philosophy at the University of Southern California and teaches legal ethics, seminars and torts in political and legal philosophy. He is also an editor of a torts casebook and writes on torts, legal theory and professional responsibility. In his Article ‘Distributive and corrective justice in the tort law of accidents'[2], Keating explains that the theoretical foundation of tort theory is torn between two competing conceptions, the justice conception and the […]

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 […]

ASPECTS of CONTRACT and NEGLIGENCE for BUSINESS

ASPECTS OF CONTRACT AND NEGLIGENCE FOR BUSINESS Executive Summary: The reason of this study is to take in the essential genuine guidelines for which we can use in the sensible parts of business. The study is based on non-lawyers thusly we should give an adequate picture of the plans, for instance, the assent ion, thoughtlessness torts, break of conditions et cetera this is similarly valuable to grasp the taking in the true blue term used inside the business contracts. This […]

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 […]

Article 370 of the Indian Constitution

ELEMENTS OF LAW PROJECT ARTICLE 370 OF INDIAN CONSTITUTION Article 370 which lie under the Part XXI of Indian Constitution showcases about the special rights and status given to Jammu & Kashmir State, stating it will enjoy different set of laws then the other states. This article looks after the Temporary and Transitional changes along with the special provisions for the benefits of state. It came into act in 1950, and the required changes are made by the president when […]

The Right to Privacy

Privacy, meaning the right to be left alone, has intellectual roots tracing back to the 19th century. On December 15, 1890, Samuel D. Warren and Louis D. Brandeis had their article “The Right to Privacy” published in the Harvard Law Review. This article was highly regarded as one of the exceptional examples of the effect legal journals have on American law, and was the first of many future law review discussions. “It is our purpose to consider whether the existing […]

A Simple Definition of a Trust

‘It is simply not possible to formulate a single, simplified definition of ‘a trust.’ “The word ‘Trust’ refers to a duty or aggregate accumulation of obligations that rests upon a person as a person described as a trustee. The responsibilities are in relation to property held by him or under his control. He will be compelled by a court in its equitable jurisdiction to administer that property in the manner lawfully prescribed by the trust instrument… As a consequence the […]

The Process of Incorporation

Part A 1A (Setting the business as a private limited company) The process of incorpartion: Tosetup a limited company, you must have to do it register as an incorporate. To make an application to the Registrar of Companies which requires complettation of some constititunal documents. Application will be reviewd by Regisrar of Company. Certificate of Incorporation will be issued if your application has granted by Registrar (CA 2006 s.15) In UK, you need to have a UK regeisterd address to […]

General Law and Principles Prohibiting Directors from Conflicts of Interests

Assignment On Corporate Laws Introduction The Australian law[1] does discourage directors from being involved in situations of conflict between their personal interest and the interest to act for the benefit of the company which otherwise the directors will not act in the best interest of the company. In this analysis the general law and statutory principles which prohibit the directors from being involved into the situations of conflict of interests will be analysed. General Law The general law conflict rule […]

An Application of the Law on Trusts

INTRODUCTION A trust is an equitable obligation, binding a person (called a trustee) to deal with property owned by him (called trust property, being distinguished from his private property) for the benefit of persons (called beneficiaries or, in old cases, cestuis que trust), of whom he may himself be one, and any one of whom may enforce the obligation [or for a charitable purpose, which may be enforced at the instance of the Attorney-General, or for some other purpose permitted […]

An Assignment on the Legal Framework of the UK Tax Regime on Small Businesses

Introduction In this assignment, I will be working for an organisation called smallbusiness.co.uk, this is a consultancy that offers beneficial information for small business owners. The organisation offers free legal advice online to help them start up their business. I will be helping people by replying to each enquiry, I will do this by explaining the legal framework and how the UK tax regime affects businesses starting up in England and Wales. I will also develop the awareness of the […]

Judicial Review

Executive summary The first paragraph includes the introduction for judicial review briefly that what is this? Why it is used and how? Who can use this law and against what. The second Paragraph includes the procedure apply for bringing the claim Judicial review. That how can we bring the claim and at what situation we can bring it. The third paragraph is most important factor which has bee discussed that what needed to further reform and what role plays by […]

The Buffalo Creek Tragedy

Topic: Buffalo Creek Paper In February of 1972, there was a collapse of a coal waste impoundment dam that was situated along the Buffalo Creek in Logan County of West Virginia. The flood that resulted killed one hundred and twenty-five people and caused damage of over fifty million dollars. The disaster to date continues to be one of the most deadly while at the same time preventable mining catastrophe. Following the Buffalo Creek dam collapse, three investigative commissions were established. […]

An Evaluation of the Intestate Commerce Act 1887

INTERSTATE COMMERCE ACT 1 Transportation has been a vital part of human existence, early forms of transportation accomplished by foot power and animal power. Eventually, humans started to invent powerful machines to handle the task of hauling goods and people too far off lands. As technology advanced, there was a need to establish rules for these forms of transportation by local, state, and federal governments. These new policy and regulations often covered all modes of transport while some covered only […]

Memorandum on a Trust Deed

MEMORANDUM From: (Associates) To: (Partner) Re: Betty Bennett’s Trust Deed Date: January 09, 2013 I. INTRODUCTION The memorandum is prepared for the meeting with Betty Bennett, a client who intends to set up a trust for the welfare of her grandchildren. In the following analysis, each provision in the proposed trust deed is discussed in order to identify legal issues and problems which need to be solved or avoided. The relevant suggestions are provided, and other considerations which include questions […]

An Introduction to Malaysian Courts

1.0 Introduction to Malaysia Courts There is a hierarchy of courts in Malaysia which starts with the Magistrates Court as the first level, followed by the Sessions Court, High Court, Court of Appeal and the highest level of the courts is the Federal Court. A court is defined as the institution that the government sets up to settle disputes through a legal process (Reuters, 2014). The subordinate courts are Magistrates Court and Session Court whereas High Court, Court of Appeal […]

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 […]

An Outline of the Law of Contract

OUTLINE OF THE LAW OF CONTRACT A contract is simply an agreement between two parties which is enforceable at law. In order for an agreement to be legally valid there must be an offer, acceptance (unqualified) and consideration. INTENTION TO CREATE LEGAL RELATIONS In commercial agreements it is normally presumed that the partied intended to create to legal relations and enter into a contract, although that presumption can be rebutted by the courts. It all depends on the circumstance of […]

Anti Trust Laws

The United States Federal antitrust laws is defined under several statutes, as well as by leading judicial precedents. There are three statutes particularly that have shaped the field: the Sherman Antitrust Act, the Clayton Antitrust Acts and the Federal Trade Commission Act. These acts assist in fair and leveled competition that keeps the price of your utility bill, eggs and sugar down. Antitrust laws touches virtually all areas of business and the economy. This body of law, establishes competition and […]

A Personal Reflection on Liebeck V McDonalds

Liebeck V. McDonalds: An Annoyance The McDonald’s hot coffee case is an event that most Americans claim to know about but many actually are unware of the facts. When I first heard about this lawsuit, I was working in a restaurant that ironically served a lot of coffee. I was eavesdropping on the server line and overheard a fellow employee’s comment, “did you hear about the lady who sued McDonald’s because she spilt coffee on herself, apparently she won a […]

A Potential Defamation Claim Advice

Matter: Prism Daily Probe article: Potential Defamation Claim by Derek Wheeton This memorandum sets out my advice concerning the article headlined “Crooked Local Businessman Cashes in on Charity Event” published on 17 October 2014 and the letter of claim received from solicitors acting for Mr. Wheeton dated 27 October 2014. You have asked me to consider the following matters: Whether the article is defamatory of Mr Wheeton including whether it meets the new s1 Defamation Act 2013 threshold (remember […]

Adverse Possession Dispute

Brief 199371 Adverse Possession Salchester City Council purchased the freehold estate in a large plot of vacant land in 1980. The title to the land is unregistered. The intention was to develop it as a state of the art sports complex. Unfortunately, ongoing disputes with Central Government about the availability of funding have led to delays and, at the present time (December 2003) the land remains undeveloped. Harrison Haulage Ltd runs their business from a depot immediately adjoining the Council’s […]

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 […]

An Agency is a Tripartite Agreement between a Principal, Agent and Third Party

Introduction The case took in concern here as the topic of discussion and evaluation of a historic case of controversy. The case was in the Queen’s Bench addressing the undisclosed liability of a business corporation conducts and hence files against the violation of the commercial law in United Kingdom. The case was hence in brief the linked with the dormant partner hiding the involvement of a third party liable for acts within the authority of the other partner. So many […]

The Workplace Relations Bill 2014

Ireland is currently undergoing ‘a challenging social and economic climate for families, the employed and the unemployed’. The rate of unemployment is still, unfortunately, very high, despite dropping to 11.7% from a peak of 15.1% in 2012. This uneasy atmosphere leads to an increase in litigation, with more and more employees pursuing claims against their employers. Unfortunately, due to the structure of Irish employment law, litigation in this area can often be a costly, lengthy, and inefficient process, for all […]

An Analysis of Mandatory Injunctions

(ii) Mandatory Injunction: A mandatory injunction may be defined as an order of the court not only restraining a person from further wrongful acts but directing him further to restore, as far as possible, the former state of things. A mandatory injunction not only in involves prohibition but also imposes a positive duty on the defendant to do something. According to section 39 when in order to prevent the breach of obligation, it is necessary to compel the performance of […]

Government Essays