Justice Essay Examples - Argumentative Topics for Research Papers & Thesis Statement

The Rule of Law

RULE OF LAW The rule of law is defined as ‘the principle that all people and institutions are subject to and accountable to law that is fairly applied and enforced; the principle of government by law.’[1] This is the principle that individuals and government can only act with publicly known law accordingly and those law must be enforced and adopted I a good manner and also consistent with the well established conventions, procedures and traditions. In the Australian Constitution, the […]

The Rules Relating to Implied Grant of Easement

The rules relating to implied grant of easements have been described as “strange [and] magic-like” (Sexton and Bogusz, Land Law: Text, Cases and Materials, 2013, 3rd edn, OUP, p 565). Disregarding easements created by prescription, explain these “magic-like“ rules. Do the rules differ in the case of implied reservation of an easement and why is this the case? INTRODUCTION An easement is a right to do something on someone else’s land, falling short of a right to possession. More specifically, […]

The Scheme of Arrangement under Section 176 of the Companies in Malaysia

Scheme of arrangement under S 176 of Companies Act had been a formal corporate rescue process in Malaysia before the outbreak of financial crisis of South East Asia in 1997.[1] Although the purpose of the provision had never be a corporate rescue mechanism,[2] Scheme of arrangement not only can be applied by the insolvent company as a last straw to clutch at in saving the company, but also by ordinary company for adjustment of members’ or creditors’ rights, reorganisation of […]

The Significance of Disability Anti-Discrimination Laws

DISABILITY ANTI-DISCRIMINATION LAWS 1 There is a great deal of evidence that people are supporting anti-discrimination legislations in the United Kingdom. This evidence emanates from the support that comes from the trade unions, such as the trade union congress, and other organizations which aim at supporting the disabled people within the society. There is no way that denying equal opportunity to the disabled people can be morally justified[1]. This is against the principles of International Human Rights which advocate for […]

The Responsibility of Multinational Corporations to Promote Human Rights and the Environment

Do multinational corporations have a responsibility under international law to promote human rights and the environment in the countries where they do their business? Introduction ‘Multinational corporations’ (MNCs)’ which can be defined as the companies run the business and set up the factories away from the place they are located. MNCs have a considerable influence on global economy with the spread of technology and development of deep globalization. They enlarge the scope of their business to strengthen domestic structure and […]

The Romalpa Case: Signpost or Diversion?

The Romalpa Case: Signpost or Diversion? The supply of goods on credit is a commercial commonplace. Foreseeable difficulties will however arise where the buyer withholds payment or, more seriously, is unable to make payment due to solvency difficulties. The difficulty when a company is forced into liquidation or an individual into bankruptcy was summarised by Templeman LJ[1]: “…unsecured creditors rank after preferential creditors, mortgagees and the holders of floating charges and they receive a raw deal.” It is therefore prudent […]

THE ROME II REGULATION

THE ROME II REGULATION 1 The Rome II regulation is an example of a European Union Regulation that concerns itself with the conflicts of law that are applicable to obligations that are not contractual. As from January 11th 2009, the Rome II regulation was able to create a set of rules that are harmonized within the European Union in regard to a law that would govern the commercial and civil matters of the members of the EU. This is in […]

The Language of Law – an Interpretation

Language of Law – Interpretation Continues Abstract The paper is a nitty gritty investigation of ambiguities that emerge in the interpretation of legal language. It first discusses equivocalness that exists in English language and afterward happens to examine how the vagueness in language brings about making the law equivocal. Different illustrations and case laws have been utilized to clarify how the language makes the law uncertain. It then examines the requirement for evacuation of such equivocalness and talks about how […]

The Law of Agency

The Law of Agency is an area of commercial law that deals with fiducial relationship between a person (principal) according authorities, implicitly or expressly, to another person (agent) to act on his behalf to create a legal relations with a third party. The relationship between an agent and a principal maybe contractual, non-contractual or quasi-contractual depending on the job description or service offered (Davant, 2002). The principal is thus bound by the contract agreement between him and the agent as […]

The Law of Equity in Australia

Equity – Assignment Question 3 Introduction As described by Sir Frank Kitto, Justice of the High Court of Australia from 1950 to 1970, the law of equity is ‘the saving supplement and complement of the Common Law….’ which prevails over the Common law in case of conflict between both the laws and thus by repairing the deficiencies of the Common Law.[1] An estoppel is a principle whereby a party is prevented from asserting a contrary position to any fact which […]

The Law of Negligence: Disaster at a Charity Event

Brief : 106924 Delivery Date : 15/12/2005 Title: LAW: Tortious Liability and Negligence – ENGLISH LAW – (1st Year LLB Law Uni Degree standard) QUESTION Lucky B’Stard wins A£7,843,000 on the National Lottery. He decides to invest A£5,000,000 and, in his words, to “Spend, spend, spend” the balance. He solicits the services of Whizzkid, a financial advisor, who has just returned from a three year “get away from it all” stay in a Tibetan monastery. Imbued with Buddhist ideals, Whizzkid […]

The Law of Unregistered Land

Although registration of land is not compulsory the Government have tried in recent times to encourage the registration of land by offering incentives to those who are in possession of unregistered land[1]. Generally speaking land that is unregistered only becomes registered when the owners of that land sell it to another[2]. All land purchased since the Land Registration Act 1925 should be registered as the Act made it possible for land sold after this date to be registered[3]. Concern has […]

The Law on European Construction Projects

Project Outline For the purpose of this assignment, the company that I have chosen will be preparing to buy a piece of land in the north of France and build houses upon it. The land already bares a barn and is from a private owner. The processes to buy, plan and develop the project will be described and compared to the system adopted by the UK. The intension is to sell the property for profit. The limited company is a […]

The Law on Exclusion Clauses

Critically examine how the law on exclusion clauses in contract has developed and the key issues of legal policy to which the present law gives rise. ANSWER Introduction An exclusion (or exemption) clause is a term in a contract that purports to exempt or limit the liability of a party to the contract or to restrict the rights of a party to the contract.[1] Exclusion clauses are commonplace. They may be incorporated in standard form contracts or in standard terms […]

The Legality of Military Intervention in Syria

It is not about taking sides in the Syrian conflict, not about invading, not about regime change or working closely with the opposition, but it is about the large scale use of chemical weapons and our response to war crime, nothing else, said the Prime Minister David Cameron in a debate held in the parliament regarding military intervention in Syria. [1] The prime minister announced for military intervention in Syria following a suspected chemical weapons attack in the suburbs of […]

The Legal Status of a Company under the Law

In the background of the statement referred in the task 1(a). Discuss the legal status of a company under the law. Your answer should include a discussion on relevant cases Corporate personality refers to the fact that as far as the law is concerned, a company really exists. Consequently a corporation can easily prosecute and become sued throughout a unique label, maintain a unique property as well as crucially be responsible for a unique debts. It really is this particular […]

When the Legislative and Executive

When the legislative and executive powers are united in the same person, or in the same body of magistrates, there can be no liberty; because apprehensions may arise, lets the same monarch or senate should enact tyrannical laws, to execute them in a tyrannical manner. (Montesquieu, Spirit of Law 1748) The theory of Separation of power was first introduced by Montesquieu (a French philosopher and author) in his book Spirit of Law (Esprit Des Lois, 1748). The book was written […]

The Means of Acceptance in Contract Law

THE MEANS OF ACCEPTANCE Acceptance is the second stage of discovering whether an agreement has been reached under classical contract theory is to look for an acceptance which matches the offer that has been made. No particular formula is required for a valid acceptance. As has been explained above, an offer must be in a form whereby a simple assent to it is sufcient to lead to a contract being formed. It is in many cases, therefore, enough for an […]

The Notion of Religious Establishment and Modern Democracy

From a modern perspective religion undoubtedly has been on the decline in the UK, however as the UK is one of the most pluralistic societies in Europe it would be inappropriate to rule out the importance of religion completely. Religion has become an increasingly important topic within government, illustrated by the enactment of specific legislation such as Human Rights Act 1998 and Racial and Religious Hatred Act 2006[1]. Despite the practice and promotion of several faiths in the UK, Morris […]

The Legal Framework

Introduction An offer An invitation to treat A counter – offer According to Un Convention on contracts for the International Sale of Goods applies, explanation for the rights and liabilities of the parties that involved Contract is an agreement of a two parties especially once it is written its enforced law. An agreement refers to a “meeting of the minds”. There is no magic language necessary to inform an agreement. However, there is an offer must be made by a […]

The Evolution and Analysis of the Principle of Legitimate Expectation

I. Introduction “A man should keep his words. All the more so when promise is not a bare promise but is made with the intention that the other party should act upon it”[1] A law cannot be found upon mere trust and expectations, no matter how reasonable it may sound. For the individuals to act on the law, the law has to be concrete and defined. Therefore, laws are codified and precedents are established, to bring about the union of […]

The Expansion of a Business: a Law Problem Question

Expansion of Acme Fireworks Introduction There is a great deal to reflect on during an expansion of a business. How will you construct, market, and dispense your goods. Are you eager to assume full accountability for your goods and indulgent in the legalities of what occurs if your goods are faulty? Just the once that has been instituted, it’s significant to make certain that your dealings of business are in order. The power of the contract and what all it […]

The Fourth Amendment and Computer Searches

The Fourth Amendment and Computer Searches Cmputers are no longer just tools of the trade for scientists or mathematicians, they are now found in nearly every household within the United States. In a recent study conducted by the United States Census Bureau in 2013, 83.8 percent of the households in the United States reported owning a computer. Of that percentage, 78.5 reported having a desktop or laptop in their home and 63.6 percent reported having a handheld computer. As […]

The Freedom of Establishment

Since the founding of the European Union (EU) one of the main aims has been to create an internal market in order to promote development and economic growth and to offer its citizens an area of freedom, without internal frontiers, in which free movement of persons is ensured[1]. Amongst the basic fundamental freedoms which the TFEU concedes to EU citizens to reach the above mentioned aims is the freedom of establishment. Together with the other freedoms found in the TFEU […]

The Free Market and European Union Law

European Union (EU) legislation and the case law of the Court of justice (CJEU) attempt to ensure the free movement of goods within the internal market. In order to assess how well it ensures the free movement of goods, it is first necessary to identify what is meant by an internal market within the EU. Moreover, it is essential to ascertain how Treaty Articles, as well as, case law, regulate the EU as a customs union, since sometimes charges on […]

The Functions of Law

Functions of Law Table of Contents The Law Concept of Functions of Law Kinds of Law to Carry Different Functions Advantages of Law Functions of Law in different perspectives Contract law Functions of Contracts Indemnity Contract Indemnity Holder Guarantee Bailment Agency Bibliography The Law The law defines the principles people live in a society. Through which we have balance in not only our society but also in our lives. Law gives the indication of what is right by making that […]

the Government of India

The Government of India has enacted “Right to Information Act 2005” for citizens to secure access to information under the control of Public Authorities in order to promote transparency and accountability in the working of any public authority. WHAT IS RIGHT TO INFORMATION The right to information includes access to information which is held by or under the control of any public authority and includes the right to inspect the work, document, records, taking notes, extracts or certified copies of […]

The ‘Horizontal Effect’ of Human Rights in the UK

Application of the ‘Horizontal Effect’ of Human Rights Law in the UK “The horizontal effect of the application of human rights law in the UK has important implications for the law of tort in relation to protection of privacy for private citizens. However the law is being applied in a piecemeal fashion” – Critically discuss. Introduction: Human rights protect an individual from unwarranted interference by the state, seeking to establish a just social and legal order to enable a person […]

The Independence of the Judiciary in Constitutional Law

In traditional constitutional theory, independence of the judiciary connoted independence from the political executive. It has presently discovering that a judge’s opportunity of activity can likewise be undermined by weights from his bosses inside the legal extension. Moreover, the test to legal autonomy from the religious foundation is not obscure. There is additionally the risk of weight or impelling from private, political and business focuses of force. Open trust in the uprightness, unbiased attitude and freedom of the legal is […]

The Integrity Principle – Analysis

After the case of Kable v Director of Public Prosecutions (‘Kable’)[1] whereby the institutional integrity principle was first implemented by the High Court, there has been substantial use of the principle in other cases. However, there are various concerns regarding this rule, and as a result there has been disagreement and many alterations to the characteristics of the principle. The background, evolution and potential concerns regarding the institutional integrity principle will be outlined further below. Induction of the Institutional Integrity […]

Essays on Justice