Camera’s in the courtroom although not a new topic still seems to be a topic of hot debate. According to an article entitled, Sotomayor Should Push for Camera’s in the Courtroom just published in June of 2009; A federal judicial courtroom is still deciding about the judges discretionary power to allow camera in the court room even in 2009 (Breyer & Hyatt, 2009). This paper will attempt to look at the history of camera’s in the courtroom, the pros and […]
Critically examine the statement above with reference to cases and articles that support your arguments. Theoretically consent is available to murder and all non-fatal offences against the person. However in actuality, consent could not be used for anything more than assault and battery. Essential questions of morality and ethics are raised by the degree to which the state be supposed to employ criminal sanctions to restrict a sane adult in his/her consent to the infliction of harm on his/her person. […]
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Get help with your assignmentCritically evaluate whether the law in respect of omissions liability is in need of reform. Given that one may be liable for an offence as serious as murder by omission it is paramount that that liability is clearly defined. Introduction to Omission Offences capable of being committed by omission Introduction to Murder Introduction Traditionally criminal responsibility is based on what the defendant has done and also on state of mind when he did; this approach is summed up by Latin […]
Background: The heated debate about the Copyright(Amendment) Bill has been sparked again since the re-amendment in 2014. Commonly known as the “Internet Article 23”³, it was first introduced in 2011 in order to combat online piracy. The government claimed that it is a must to amend the law due to its obsolescence, and that it can strengthen creative industry. But, many fear that it might become a tool for the government to restraint the publication of creative contents on the […]
Subject – Company law 1 Option Contracts -An analysis of position in India Background Put and call options are one of the preferred mechanisms for investors in India, both foreign and domestic, and in different type of transactions like joint venture, stock market, etc. In lay man’s term a put option enjoyed by A against B gives A an option to sell certain securities at a future date at some specified price. Whereas a call option enjoyed by A against […]
This question requires detailed analysis on laws relating to ownership of the land and title to items found in or on the surface of the land. As the principle of law states ‘whoever owns the soil owns everything up to the heavens and down to the depth of the earth’. A person having proprietary rights in the land also has the control of it above and below the surface of the ground, anything that is part of the land, and […]
“….There is not equity in this court to perfect an imperfect gift”- Turner LJ in Milroy v Lord (1861)- How accurate is this statement in current English law? In order to assess the accuracy of Turner LJ’s statement, it is first necessary to consider the context of it, and discuss briefly what it refers to. It refers to trusts, which become fully set up or constituted when the trust property is in the hands of a person who is properly […]
Question 1 The relevant provisions in the articles of association of Treeng Ltd (“Treeng”) are twofold. First, the directors are empowered to refuse to register a transfer of shares, and it seems that they may exercise this power in their absolute discretion. At common law, however, such power must be exercised “bona fide in what they consider – not what a court may consider – is in the interests of the company”[1] and the decision to refuse to register a […]
Part A Explain what is illegally depositing money in a company ( illegal deposits ) or commonly called as money laundering. Explain using an actual example of a Malaysian company found to have conducted illegal money depositing. What sanctions were imposed on those who were caught to have involved in such activities. (20 marks) Money laundering refers to the illegal proceed of drug crime syndicates, terrorist crimes, smuggling or other crimes and the income generated through a variety of means […]
Briefly explain the case of M v Home Office (1994) as it relates to the concept of the Rule of Law Dicey proposed that every man is subject to the ordinary law of the realm and amenable to the jurisdiction of the ordinary tribunals, whatever his ‘rank or condition’[1]. The accuracy of this assertion came under challenge in the case of M v Home Office (1994)[2], in which two issues of constitutional importance were considered; firstly whether injunctions could be […]
Maintenance Introduction: Maintenance is referred to as nafaq, and that ‘comprehends food, raiment along with lodging, through in common parlance, it truly is limited for the very first. Under Islamic rules, man will be responsibility sure to keep the wife. Over in Islam can be exempted from just about any financial earning responsibility. She is titled for maintenance underneath Islamic Law. Primary Duty of Maintenance: It is the primary duty of husband to maintain her wife. As well as if […]
Restraining order under S.176(10) A restraining order will only be given by the court when a scheme or an arrangement is proposed to the court under the consideration as accordance to s.176(1)&(3) to prohibits the court in granting any further action towards the said company. However such application must be applied to court before any orders or resolution has been passed by the court to any interested party and after procedures which laid down from s.179(1) to s.179(9) has been […]
Brief : 191325 Delivery Date : 7/12/2006 Title: Counter Terrorism and Civil Liberties Brief Description a) Anti terror legislative tools (in Britain) and their compatibility with the national and international Human Rights regimes b) Rights and duties of the government in relation to protecting citizens as well as the fundamental human rights c) Is it really justifiable to compromise on the core democratic values while preventing potential terror threats? STANDARD DISSERTATION OUTLINE REQUESTED. DISSERTATION OUTLINE 1. Proposed Dissertation Title “Human […]
1) Identify the area of laws that are relevant to the chosen media report, and explain how they are relevant to the matters outlined in the report. This media article commentates about the link-up between the radio station of Macquarie Radio Network and that of Fairfax Media’s Radio Business. The ACCC (Australian Competition and Consumer Commission) authorized the merger. The ACCC encourages competition and legal and equitable trade in the market to profit businesses, the community and consumers. They are […]
Lefkowitz v. Great Minneapolis Surplus Store, Inc. 86 N.W.2d 689 (Minn. 1957). Facts The case Lefkowitz versus the Great Minneapolis Surplus store addresses the common misconception of offers and contracts that can appear in advertising. Lefkowitz, the plaintiff, noticed an advertisement in a local store that offered the sale of fur coats that were valued at one hundred dollars. The discounted price, which was a dollar, was stated in the advertisement along with the statement of first come first serve. […]
Question: “Moreover, over a period of twelve years since Nedrick, the test of foresight of virtual certainty has apparently caused no practical difficulties. It is simple and clear. It is true that it may exclude a conviction of murder in the often cited terrorist example where a member of a bomb disposal team is killed. In such a case it may realistically be said that the terrorist did not forsee the killing of a member of the bomb disposal team […]
Introduction The industry of construction is very vast in UK, which sometimes contributes to 10 percent of the total GDP of the country. Many commercial issues have been grappled with it, all of them were in sharp focus by the critical climate of economy, since the mid of 2008. The essential nature of a contract can be encapsulated by different definitions. One definition which is very well understood in the context of business is considered it as an […]
In the business world where deals are struck and broken daily it is important to understand what the requirements are from start to finish, however beyond the fundamental scope to the creation of the original terms contracts agreements there are other underlying principles that must be explored that makes a contract voidable or invalid. This paper will explore the those principles that go beyond the scope of the formation, now you can start getting into the meats and potatoes of […]
Liability Claim House Question One In order to determine whether Hermione will be successful in a claim against Harry, the law of tort is examined. A tort may be defined as the breach of a legal duty owed, independent of contract by one person to another, for which a common law action for unliquidated damages may be brought. If we take into consideration the Hedley Byrne v Heller (1964) case where the claimants were an advertising agency, who had been […]
1. What were the material facts in the case? The Leasehold Reform Act 1967 provides tenants the right to purchase the landlord’s freehold interest of a property. There is no requirement for the tenant to occupy or have occupied the property. The property was subject to a lease. The appellant was the tenant under the lease. The appellant wanted to acquire the freehold of the property. The property was originally built as a single private residence and had subsequently been […]
Licensing of Premises for Solemnisation of Civil Marriages Objective Our client owns a large yacht. He wishes to use it for profit-making ventures. To this end, he seeks advice as to the possibility of it becoming a venue for wedding ceremonies for what he describes as “discerning couples”. If this is possible in principle, he wishes to be advised as to two possible scenarios: first, its use as a venue for this purpose by a particular individual who wishes to […]
Life of a Prosecutor A prosecutor is a type of lawyer that could be federal, state, or just local. They represent the government in all types of court cases. The main job of a prosecutor is to be able to provide research, and have investigative skills to bring to the court room. A prosecutor must be able to handle a very large amount of stress and possibly some emotional difficulties. This job may also come with tiring nights and a […]
Contents: 1. Introduction P.2 2. The criteria necessary for a purported liquidated damages clause.. P.3 3. The main factors of claims P.4 4. The benefits to Employers and Contractors in a valid liquidated damages clause P.5 5. If the liquidated damages clause is not held to be valid and enforceable P.6 6. Conclusions and Recommendations P.10 Question 2: Discuss the criteria necessary for a purported liquidated damages clause to be held to be valid, the benefits that […]
Answer The subject matter contained in this question emanates from the study of living and testamentary trusts. A living trust or trust inter vivos trust can be defined as a declaration made by a Settlor, during his/her life-time, to transfer some interest in real or personal property to a trustee to hold in favour of a beneficiary or beneficiaries[1]. A will on the other hand is primarily a document, legal in nature, which purports to speak from the death of […]
Task 1a)There are three courts with different jurisdiction within what is known as the Superior Court. They are the Federal Court; i.e. the highest court in the land, the Appeal Court, the High Court of Malaya and the High Court of Sabah and Sarawak. Each is head by a federal judge called Chief of Justice of the Federal Court, President of the Appeal Court, and Chief Judge of the High Courts of Malaya and Sabah and Sarawak. The subordinate court […]
Introduction As legal disputes arise by the day, litigants seek different avenues to solve their matters. One of the ways is by instituting these matters before a court. However, the basic and most important step is to go before a court of competent jurisdiction. According to the Black’s Law Dictionary, “jurisdiction”is the power and authority constitutionally conferred upon a court or a judge to pronounce the sentence in law, or to award remedies provided by law, upon a state of […]
Introduction The concept of ownership and possession is one of the fundamental juristic concepts common to all systems of law. This concept of ownership has been discussed by most of the writers before that of possession. However, it is not the right method. The idea of possession came first in the minds of people and it was later on that the idea of ownership came into existence. The idea of ownership and possession developed with the development of the civilization […]
>Land Law And Equity Problem Co-ownership is where two or more people simultaneously enjoy the responsibilities and rights of owning a property. From first January 1926, there exist two manifestations of Co-ownership specifically joint tenancy and tenancy in common. Joint tenancy exists where four co-owners simultaneously enjoy the responsibilities and rights of owning a property. According to the law, joint tenants are considered as one person who is possessing the entire property. This is to say that they have no […]
LWZ203 Constitutional Law Q(i) Do you believe that Lange vs Australian Podcasting Corporation (1997) 189 CLR 520 was correctly decided? The Constitution contains few express rights and freedoms. Amongst OECD countries, Australia and Israel are countries whose constitution does not have an explicit Bill of Rights. The High Court of Australia has recognized that the structure and the text of the constitution , including the system of “representative and responsible government” may give rise to implied freedoms. An implied Freedom […]
“The ultimate basis for adhering to the positive thesis of the conceptual differentiation of law and morals is itself a moral reason. The point is to make sure that it is always open to the theorist and the ordinary person to retain a critical moral stance in face of the law which is.” (MacCormick). Introduction This discussion focuses on the relationship between law and morality and the conceptual differentiation of the two paradigms. It is appropriate to begin with a […]
