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

Copyright Holders

Introduction Commons now a days is defined as the set of several elements that include “literature, art, music, film, design, radio, television, software, information and heritage sites”. Commons have been characterized into different classes which are- digital commons and environmental commons. Digital commons as defined by Mayo Fuster is the resources of information and knowledge, which are developed and possessed or distributed among two agencies or people that are freely available to the public. Public domain refers to those creative […]

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 […]

English Land Law

English Land Law (a) For conveyances completed on or prior to 27 September 1990, a valid contract of sale of land was governed under s 40 of the Law of Property Act 1925. Any land contract could be either oral or written but, if oral, evidence via a written document or an act or part performance was required to facilitate enforceability. For post 27 September 1990 conveyances, the rules under s 2 of the Law of Property (Miscellaneous Provisions) Act […]

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 […]

Equitable Rights to a Property

A) After considering the concern you have raised during our meeting I have prepared a summary of the law and advice. Although there is not any reference to notice or restriction on the property there are equitable rights which can bind the purchaser of a property even if there is not any reference to them on the register. Martin has stated that he has paid half the purchase price of the property when he and Penelope purchased the property. When […]

Equity and Trust Law

Brief : 189084 Delivery Date : 18/08/06 Title: “There is no single convincing explanation for the operation of the resulting trust..” Discuss ANSWER Introduction It is submitted that the resulting trust is a form of implied trust that is created by the inference of the law in circumstances in which the actions of the parties concerned and the characteristics of the transaction between them suggests a legal intent to establish a trust relationship. Resulting trusts resemble express trusts from many […]

Equity and Trusts- Charities

Introduction The first issue that needs to be considered is whether Holmfirth Wheeltappers’ and Shunter’s Benefit Society is charitable. On the facts of the scenario it is evident that the association has not been established for charitable purposes as defined by section 3(1) of the Charities Act 2011. The next issue arising is that the association is obviously not a company and so it is an unincorporated association. Lawton LJ set out the definition of an unincorporated association in Conservative […]

Ethical Influences and Misconduct in the Prison System

Misconduct by Prison/Correctional Officer Are ethical influences imperative in the deterring of corruption by correctional officers within the prison system? “Sometimes corruption is slowed by shedding light into what was previously shadowed”. (P Wolfowitz et al 1943) The human resources in the criminal justice system, incessantly has opportunities and temptations of committing unethical acts. Inclusively in correctional institutions, correctional officers are no exception. Prisons are by nature dangerous institutions whereby correctional officers portray themselves as the last line of defense […]

Which Law should Take Priority?

Research Essay APPENDIX A: RESEARCH ESSAY In situations of conflict between EU law and National law, which law is to prevail? The European Union treaty is mostly silent on which legal authority should be followed in situations of conflict between EU Law and National or Domestic Law. But it was held by the European Court of Justice (ECJ) that it is understood from Article […]

European Community Law

To what extent can it be said that the European Court of Justice has “run wild” in its creation of the fundamental principles of European Community Law? Introduction The Court of Justice of the European Communities sits in Luxembourg. Arnull et al[1] accord this body a seminal role: “Some of the concepts which are fundamental to the way in which the Community functions are to be found, not in the Treaties themselves, but in the case law of the Court.” […]

European Union Law

Title: European Union Law: Answer all three questions equally within the word count of 3000 1. Manuel, a Spaniard, is a recent graduate of the University of Barcelona, having gained a degree in Leisure and Tourism. Manuel wishes to undertake post graduate research on English soccer hooliganism and he has applied for a number of jobs in England to help support him while he is undertaking his research. He receives an offer of a job with Torquay Borough Council as […]

E-Voting: Whether to Protect or Extinguish Corporate Democracy?

INTRODUCTION In the contemporary age of technology, rights of the shareholders can be better protected. E-voting is one such example. E-voting process or postal ballot system has been introduced in order to secure wider participation of shareholders in the decision-making of the company. E-voting makes it more convenient for people finding it difficult to attend the meetings physically. This was suggested by the Second Naresh Chandra Committee Report and the J.J. Irani committee in as back as in the year […]

Exam Answers on EU Law

(a) The UK Parliament wishes to challenge the draft Directive on the basis that it infringes the principle of subsidiarity. The UK Parliament has a system of scrutiny committees that are responsible to review the proposal established by the EU Commission. In the given scenario, the draft Directive touches on the area of ‘Research, Technological Development and Space’. According to Article 4 of Lisbon Treaty, the EU and Member States have shared competence in this field, but paragraph 3 further […]

Examining Use of Warranties in Marine Insurance

‘The term ‘warranty’ has been described as ‘one of most ill used expressions in the legal dictionary’. There are several types of warranties in marine insurance ranging from express warranties to implied warranties that are divided to seaworthiness, legality of voyage non-deviation, neutrality, nationality, safety, legality. In this essay special importance will be given to the notion of seaworthiness and different aspects of it. It was often the case that warranties in marine insurance were considered to serve the insurer […]

Exceptions to Indefeasibility

Exceptions to indefeasibility Indefeasibility of title which means that the owner’s title or interest in the land become not able to be defeated or doubted by any unfavorable claim which are not stated in the register. The case of Teh Bee v K .Maruthamuthu held that if there is no any of the vitiating factors stipulated in section 340[1] of the National Land Code (NLC) 1965, once the title is registered, it is indefeasible. For example, when Hanif bought a […]

Family Law Answers to Problem Questions

Family Law Introduction The law of divorce is governed under the Matrimonial Causes Act 1973 where it provides the sole ground for divorce, namely that the marriage between Jason and Sandra has broken down irretrievably.[1] Nevertheless, in order to establish irretrievable breakdown, Jason will have to show that one of the five facts listed in section 1(2) of the MCA 1973 has been established on proof (Richards v Richards)[2]. Meanwhile, it is notably that the court in England and Wales […]

Developing Common Law in Environmental Law Policy

“Common law actions have in recent years proved to be a fertile ground for environmental litigation, although the judiciary have demonstrated a rather lukewarm response to attempts to use torts as a mechanism to control the adverse impacts of pollution on people, property and the wider environment. The courts have shown a preference for specific pollution legislation, such as the Environmental Protection Act 1990, and have shown minimal support for attempts to develop the common law as a means for […]

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 […]

Director’s Legal Duties and Obligations

Companies’ directors are persons who are vested with the responsibility of the management of the company’s affairs. A company is usually composed of two main organs which are the board of directors and the members in general meetings. Every company provides the director extensive powers to supervise manage and control the company. Likewise every director owes certain duties and responsibilities towards the company. Directors stand in a relationship of trust and confidence with the company that is fiduciary relationship. [1]A […]

Domestic Law Approaches to Multinational Corporation Accountability

VII. Domestic Law Approaches to Multinational Corporation Accountability Although frequently noted that MNCs should abide by host country laws it is obvious that MNCs must do that, if they broke local laws they would not be allowed to conduct business (that is notwithstanding that in some cases local laws are not enforced), however this does not prevent MNCs from abiding by better standards, such as those of their home countries, nor does it absolve them from legal liability outside of […]

Domestic Violence – Fact or Fiction?

Domestic Violence – Fact or Fiction Domestic violence in Australia is one of the most prominent issues of our lifetime. For a long time, women were treated as possessions by men and the law did not legally recognise occurrences such as rape of a wife by her husband. More recently though, societies beliefs and attitudes in regards to the subject of domestic violence has changed quite considerably. Previously the only avenue that existed for victims of domestic violence was through […]

Suitable Legal Framework

With particular reference to the case law of the European Court of Justice and Court of First Instance, critically assess to what extent the EC Treaty provisions on annulment actions (Article 230 EC) and on non-contractual liability (Articles 235 and 288 EC) provide a suitable legal framework for rendering the legislative activities of European Community institutions accountable to private individuals? Article 230 EC Article 230 EC provides that qualified persons may challenge the validity of Community acts before the European […]

Ejusdem Generis Examples

Introduction The word “ejusdem generis” means “of the same kind or nature”.[1] The rule of ejusdem generis is that where particular words are followed in general, the general words should not be construed in their widest sense but should be held as applying to objects, persons or things or the same general nature or class as those specifically enumerated,[2] unless, there is a clear manifestation of a contrary purpose. To put in a slightly different language, where general and special […]

Employer Responsibility to Disabled Employees

Discuss and explain responsibility of an employer to an employee with a disability. Nowadays, people with disabilities are present in all societies. Many of them are ‘hidden’ at home or in a particular institution due to social stigma, prejudice and environmental barriers which prevent them from participating productively in society. The Malaysian Disability Act (2008) defines the disable person as those who have long term problem with physical, mental, intellectual or sensory impairments; which in interaction with various barriers may […]

Employment Law

Introduction There are numerous people around the globe who are unaware of the regulations and laws of the countries they are living in. Practically, the labor law is the foundation of laws, precedents and administrative regulations which addresses the lawful privileges of, and binds individuals who are working in companies. This research will highlight different conceptions which pertains to employment law in certain aspects and in general in UAE like, the ILO, MOL, the employment agreement, Probation Periods, wages, Disciplinary […]

Gas Market Reformation

ENERGY LAW-GAS MARKET REFORMATION Distribution Grid of Natural Gas It is the grid which is developed or is going to be developed in accordance with approved program of development Natural Gas Distribution Companies The companies which occupy with issues of natural gas distribution grid. Regulatory Authority of Energy (RAE) The Regulatory Authority for Energy (RAE) is an independent administrative authority, which enjoys, by the provisions of the law establishing it, financial and administrative independence. RAE was established on the basis […]

Duty of Care-negligence

Under the duty of care, there is another test used by the court in determining whether there is negligence in carrying out the duty of care which lead to the other person suffering from the damage as a consequences of the act. The test said in the above is called the Caparo ( composite) test. This test is based on the principle established in the case of Caparo Industries plc V Dickman. In the case, Lord Bridge acknowledged that the […]

Copyright, Trademarks and Patents

Introduction The copyright laws was of four formerly-independent provinces proceeding for the unchanged, this was happening after the process of the Union of South Africa in 1910. The Patent, Design, Trade Marks and Copyright Act was enacted by the Parliament in 1916. So this annul the provincial laws and incorporated the British Imperial (Copyright Act 1911) this is for the South African law. South Africa became part of the unit of Berne Convention in there way of right in 1928. […]

Corporate Governance and Company Law

INTRODUCTION Modern business enterprises taking tremendous effort to maximize their profits by implementing their own market strategies, corporate governance has lot to do under such circumstances. Corporate governance comprehensively refers to the main mechanism which involves in the process of regulation and existence of an enterprise.The separate legal entity concept where a company possesses and its distinct nature from the members who fund in their money towards the capital of the enterprise and empower its management to a team of […]

Essays on Justice