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

The Land Registration Act 2002 and its Impact on Interests in Land

A registration scheme far more comprehensive than land charges is found today in the Land Registration Act 2002. The principle significance of this is that the register tells the purchaser who owns the legal estate. The system moreover is not limited to legal estates. Subject to some exceptions (overriding interest), all legal and equitable interest must be entered on the register if they are to bind a purchaser.[1] The first thing to ascertain when dealing with any piece of land […]

The Charities Bill 2005

According to the Charities Bill 2005, s1, which was introduced into the House of Lords on 18 May 2005, the definition of a charity is ‘an institution which is established for charitable purposes only and falls to be subject to the control of the High Court in the exercise of its jurisdiction with respect to charities.’ It goes on to list the a charitable purpose as being for the prevention or relief of poverty, the advancement of education, religion, health […]

The Child Care Act 1991 and at Risk Children

“Critically assess the efficacy of the Child Care Act, 1991 with regard to the protection of children at risk in terms of the protection of, and alternative care of, children at risk.” Introduction: The Childcare Act, 1991 is the principal law in Ireland in relation to the protection of children at risk and it sets out the guidelines on how to protect children who are at risk. The most important principal of the Child Care Act, 1991, is to […]

The Concept of Contract in the Code Napoleon

THE CONCEPT OF CONTRACT IN THE CODE NAPOLEON Introduction and historical background leading to the formation of the Code Napoleon One of the biggest dilemmas that jurist over the course of history have faced is over the question of codification of law. One school of thought believes that the best and most just application of law can be achieved only when the principles that will finally be used for dispute resolution are enunciated beforehand. These principles can then be applied […]

The Concept of Lex Mercatoria in Internation Law

Lex Mercatoria being the Latin term for ‘merchant law’ is the term used to describe the body of commercial laws that the merchants of Europe used during the medieval times. It is the body of law that will stand as the foundation in understand certain important international trade instruments. As it stands today, Lex Mercatoria is said to be vague, and not specific. This is due to the range of laws that are said to be contained within it which […]

Constitutional Safeguards of the 4th, 5th and 6th Amendments to the US Constitution

Constitutional safeguards provided by US Constitution in the 4th, 5th and 6th amendments in regards to the criminal justice system are implemented to protect people against indiscriminate application of criminal laws and wanton treatment of persons suspected of violating the law. The amendments which are specifically designed to enforce constitutional rights of suspected criminals have had a significant impact in the criminal judicial sector. The workings of the courts in both juvenile and adult criminal proceedings and trials have been […]

The Consumer Protection Act

The first part of Consumer Protection Act 1987 is implementing the 1985 EC Directive on Product Liability. Section 2 imposes a new statutory liability on the manufacturer of a faulty product which causes physical harm to a person or other property.[1] The 1987 Act imposed strict liability on manufacturers and producers even in absence of a fault on their part. Many authors, academics and jurists welcomed this no-fault liability approach taken as a result of the 1987 Act.[2] The 1987 […]

The Convention on the Law of the Sea

Introduction On 16th November 1994 the convention on the Law of the Sea (UNCLOS) came into force, it was establish in 1982. The purpose of this convention is to provide nations with four methods to resolve maritime disputes, two of these methods were (1) submit the dispute to the international Tribunal for the Law of the Sea (ITLOS) and (2) the adjudication of the dispute by the international court of justice, (ICJ). ITLOS Description The International Tribunal for the Law […]

The Cyanamid Test

Introduction Interim (a.k.a. interlocutory) prohibitory injunction is a court order that forbids the person it is addressed to do something. It is an equitable remedy and is awarded at the discretion of the court. The famous guidelines for granting the interim injunctions by the court were introduced by Lord Diplock in the case of American Cyanamid Co v Ethicon Ltd[1] (hereinafter the Cyanamid test). The above case concerned the claimant, a US company marketing synthetic surgical sutures, which was finally […]

The Doctrine of Constructive Notice

ROUGH DRAFT FOR COMPANY LAW PROJECT ON THE DOCTRINE OF CONSTRUCTIVE NOTICE PRELLIMINARY STAGE CONTENTS HISTORICAL ANALYSIS SHORT INTRODUCTION AIM OF THE PROJECT PROPOSED RESEARCH QUESTION DOCTRINE OF CONSTRUCTIVE NOTICE AND IT’S LIMITATIONS CONCLUSION Historical Analysis: A Preview Of The Doctrine Of Constructive Notice The doctrine of constructive notice owes it’s origins to the United Kingdom where it was evolved on the demands of the companies so as to protect their interest against the dealings with third parties, The historical […]

The Doctrine of ‘personality Rights’ in the UK

The United Kingdom has never acknowledged a specific doctrine of ‘personality rights’; the law provides neither coherent nor consistent protection, as the courts are ‘sceptical about creating monopoly rights in nebulous concepts such as names, likeness or popularity’.[1] Therefore celebrities and other high-profile individuals rely on a combination of passing off, trademark, copyright and privacy laws for protection of the commercial value of their personality. None of these were invented to protect personality rights; however they are gradually developing to […]

The Doctrine of Successor Liability and the Drift Towards the Assumption of Liability

Doctrine of Successor Liability: Tracing the drift from the `Traditional non-liability rule’ to `assumption of liability’ through judicial precedents AbstractTraditional corporate law has been applied over the years to deal with the liabilities arisen after one company’s acquires another company The general rule says that an acquiring corporation doesn’t assume any liabilities of the predecessor corporation. The courts over the years have evolved this traditional stance and laid down exceptions, making the successor corporations assume such liabilities. This paper has […]

The Doctrine of the Immunity of the Crown in the UK and India

INTERPRETATION OF STATUTES PROJECT ABSTRACT Statutes Affecting the Crown/State The general English rule is that the “king is above the law” and all statutes are meant for the subjects only and the crown is not bound by them. The rule of Common Law ‘Roy n’est lie per ascun statute, si il ne soit expressment nosme’ meaning the statutes neither control the crown nor the rights or properties of the crown, unless expressly or by necessity or by implication is named […]

Dr Ram Manohar Lohiya National

For the purpose of making project in the subject Administrative Law, a very distinct and important topic has been taken as the central issue of it. The “Doctrine of Substantial Ultra Vires” which is the present issue in concern is a substantial principle of administrative law having its own importance and influence in the legal scenario irrespective of the boundaries of law. Therefore the research would be deliberating upon the topic concerned. Research methodology to be followed: To deliberate upon […]

The Doctrine of Ultra Vires under Malaysian Company Law

According to s18 Contract Act 1965, every company formed should have a memorandum printed and divided into paragraph and with the date stated. In s18 (b) Contract Act 1965, it shows that the requirement of the Memorandum of Association (M/A) required a statement of object clause. The object clause can be used to describe the nature of the business such as manufacturing business, merchandising business or service business. Besides, it also show the company power, its purpose and the legal […]

The Different Elements of a Contract

Mission Statement: Our mission is to take a genuine interest in our clients, understand their objectives, and meet or exceed their expectations. Keyz Law Firm is a business consulting firm within Jamaica. This firm was founded by Tauna-Shay Palmer and Jon-Ross Kelly in 1997. This establishment is located in New Kingston. The location is very good for business because there are a lot of small business within that area. Keyz Law Firm is a firm which was developed to help […]

Taxability on Sale of Agricultural Land

Taxability on sale of Agricultural Land How to determine whether a land is agricultural land or not? Æ’Ëœ Agriculture income and sale of Agricultural Land Considering the effect of combined reading of the section 2 (1A) and 2 (14), the High Court has observed that capital gains arising from sale of land used for agricultural purposes would be revenue derived from such land and therefore, agricultural income within the definition under section 2 (1A) with the result that the parliament […]

The Capacity of the European Arrest Warrant

Critically discuss the capacity of the European Arrest Warrant to diminish traditional values of legitimacy and due process in criminal justice Judicial cooperation is regarded as one of the main focus of the European Union (EU) integration in criminal matters. In the past decade we have seen revolutionary introductions of new mechanisms in the field that have reformed EU criminal cooperation and have favourably developed the EU into an area of security, freedom and justice. The pioneer initiative in this […]

The Carriage of Goods by Sea Act: a Case Study

>Introduction The law relating to the carriage of goods by sea is significantly difficult to master. In general terms, it often involves overlapping jurisdictions, which can make it difficult to ascertain the governing law of the contract, unless the law has been expressly agreed by the parties to the contract. In this case, it is clear that the Hague-Visby Rules apply, given their express designation in the bills of lading relating to the crates. Other contracts may not be as […]

Salomon V a Salomon & Co Ltd (1897) AC 22 – Case Law Analysis

This is the foundational case and precedence for the doctrine of corporate personality and the judicial guide to lifting the corporate veil. The doctrine of separate legal entity was originated from this case. The House of Lords in the Salomon case affirmed the legal principle that, upon incorporation, a company is generally considered to be a new legal entity separate from its shareholders. The court did this in relation to what was essentially a one person Company. A company registered under […]

Terminating a Lease

The situation that has arisen in regards to the property, and subsequent town planning of the area, has presented a number of issues in regards to the possible renewal, or termination, of the current lease agreement. It has been mentioned that the current agreement for part of the property is due to end in May 2006; however the future of the industrial estate is unclear in the short to mid term. The other property (small units) is currently unoccupied, and […]

The Alteration of the Registered Trademark

Alteration of the Registered Trademark Trademark is a mark which distinguishes one goods to another; it can be a word, name, get-up used in relation to particular goods to indicate the source and origin of the goods. Section 2 (zb)[1] defines the term ‘Trademark’ means a ‘mark capable of being represented graphically and which is capable of distinguishes the goods or services of one person from those of others and may include shape of goods, their packaging and combination of […]

The Application of Hibah and Will in Property

Chapter 3 – Application of Hibah and Will in Property 3.1 – Property in Islam The property and wealth of a person is consider as a gift from Allah SWT that shall be used in accordance to his commandments. Therefore, strict rules regarding a person’s property and wealth has been clearly specified by Islam. This is to ensure it to be properly manage because every single thing in this universe belongs to Allah SWT and therefore, human being are the […]

Restrict Financial Liability to a Specific Sum

Explain the meaning and significance of the provision in Section 11 Sub-section 4 that deals with a contract term seeking to restrict financial liability to a specific sum. How useful are the guidelines for applying the reasonableness test in Schedule 2? (4) Where by reference to a contract term or notice a person seeks to restrict liability to a specified sum of money, and the question arises (under this or any other Act) whether the term or notice satisfies the […]

Restructuring, Professionalism and Ethics in Insolvency Practice

Restructuring, Professionalism and ethics in Insolvency Practice Assessment Item 2 Discuss the legal and professional responsibilities arising from the facts set out below for Gerard Mann, ( a director of Manu Ltd and ManF Pty Ltd) and Reconstruction Remedies Larry Liquidator a registered Insolvency liquidator. Key facts of the case Manu Ltd (part of a group controlled by Mann family) making parts for specialized medical equipment, in recent years producers of equipment pressuring Manu to lower costs or they will […]

Right Answers and Hard Cases

In legal reasoning, the idea that a right answer can be found in hard cases is pure fiction. Discuss. Introduction It is often said that ‘hard cases make bad law’, but it is submitted by way of an opening observation that categorical statements regarding the law and its modus operandi are misleading at best and usually unreliable at the margins. The statement under review in the title to this work, in declaring that it is pure fiction that right answers […]

Rights of Shareholders as Members of a Company

Shareholders play an important part in the corporation. They are very vital for the company. They have the power to take company decisions and influence the working of the company. The shareholders are able to exercise such influence and control over company only when they are free to exercise their rights in a legitimate manner. The shareholders have numerous rights which have been laid down in the Companies Act, 1956. Under the Act, the shareholding of a company is determined […]

Robins & Robins Case Note

Robins & Robins Indemnity can be described as an obligation of making good any liability, damage or loss incurred by another party. In indemnity, one party to the contract holds the other party to the contract harmless for some damage or loss. In this case, the first defense Casings, Inc. will have is that there was a clause in the contract indemnifying it from defects beyond the cost of the supplied parts. Therefore, Casings, Inc. can argue that they are […]

Roscoe Pound and Sociological Jurisprudence

INDEX Roscoe Pound – Introduction Social Engineering Interest Theory Jural Postulates Criticism Case Law Conclusion Bibliography Roscoe Pound – Introduction Roscoe Pound was one of the leading figures in twentieth-century legal thought. As a scholar, teacher, reformer, and dean of Harvard Law School, Pound strove to link law and society through his “sociological jurisprudence” and to improve the administration of the judicial system. In the early decades of the century, Pound was viewed as a radical thinker for arguing that […]

R V. Brown 1996

Analyse how the House of Lords interpreted the word “use” in 5(2)(b) of the Data Interpretation Act 1984 in the case of R v Brown (1996) 1 ALL ER 545 Introduction The case of R v Brown, 1996, concerned two uses of a police force Computer by an officer, for the purpose of obtaining registration numbers of cars owned by the debtors of a collection company that was run by a friend of the officer. The police officer was a […]

Essays on Justice