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

The Counterfeit Access Device and Computer Fraud and Abuse Act

Chapter 8: Question No. 2: The Counterfeit Access Device and Computer Fraud and abuse Act or CADCFA Act has categorically placed the provision of the law against authorised access and use of federal and private computers. The penalties under CADCFA Act are of 5 to 21 years of imprisonment. Mr. Wang used his computer to pass on trade secrets to Gordon Eubanks, Symantec’s Chief. Unauthorised access to the federal and personal computer and the data contained in it is part […]

Computer Law and Privacy at Work

Report to D’Ausecours Board 31st May 2006 Re: Acquisition of Security Control – Issues and Recommendations 1) Confidential Information Given the that the greatest value of SC lies in the ability of its employees to innovate and the quality and commercial potential of the resultant product, it is disturbing to learn that none of the employees is currently bound by any form of confidentiality clause in their contract and they have received no training or even informal guidance in the […]

Concepts of Appropriation under the Theft Act

The Theft Act 1968 [1] was legislated as a result of complicated, confusing and highly technical prior statutes and case law. Antiquated terminology like larceny, embezzlement and false pretences were to be replaced by a simple and short Act that was aiming towards codification of the criminal law. The Criminal Law Revision Committee advised on the recommendation, which as a result fully transpired. The report affirmed “larceny, embezzlement and fraudulent conversion should be replaced by a single new offence of theft. The […]

Conditions Warranties and Innominate Terms

Cedric entered into a contract with the Distinguished Hotel for the wedding reception of his daughter Ali and groom Benno s big day. In the contract Cedric made with the hotel he was assured that all 300 of his guests would be seated in the chosen function room with a view of the top table, on the day however some of the guests were placed in an adjoining conservatory without a view of the top table. For this to be […]

Byrne and Frew Vs. Australian Airlines

CONTRACT LAW 1 Name: Professor: Course Code: Date of Submission: Paper Outline: Introduction………………………………………………………….3 What is contract law? Macaulay and Macneil on contracts Relational contract theory Purpose of the paper Case law of Byrne and Frew…………..……….………………………3 Concept of implied Terms and Relational Contracts…………………4 Relational Contracts and Byrne………………………………………..6 Conclusion………………………………………………………………..8 Summary of the points identified. References………………………………………………………………..9 Introduction: Contracts refer to agreements creating obligations that are enforceable by law. The basic elements that constitute a contract are consideration, mutual assent, legality, and capacity (Barker, […]

Can the Judiciary Override Statutory Provisions?

“Power to do Complete Justice”: Can Judiciary override Statutory Provisions? Introduction The Constitution of India is the central rule that everyone has to follow from which all different laws determine their power and with which they must adjust. All powers of the state and its diverse organs have their source in it and must be practiced subject to the conditions and constraint set down in it. The Constitution accommodates the parliamentary type of government which lacks strict partition between the […]

The Children Act

Question 1 When looking at the threshold, it’s important that all factors are taken into consideration. The NSPCC’s research indicates that fewer than three children under the age of 10 were seriously injured or seriously injured every week. To give Lucy a fair overview, it will be important to take into account all facts concerned with Peter. For the local authority to get a care order, there are certain provisions which must be met. Part IV of the Children Act […]

Carriage of Goods by Sea

Part A: Butcher Ltd & KRY Ltd The contract of affreightment is evidenced by the bill of lading where, as here, the goods to be carried only form part of the total cargo. The liability of the carrier under the bill of lading is now subject to a combination of the rules introduced by the Maritime Law Committee of the International Law Association held in the Hague in 1921 as revised by the Brussels Protocol of 1968, known collectively as […]

Autoclenz Ltd V Belcher

Introduction: The conclusion in Autoclenz Ltd v Belcher & Ors[1] indicates a subtle, albeit potentially significant shift in the approach when deciding Employment Status and Sham Agreements.[2] Prior to this case, the written terms of a contract prevailed as long as it is not a “sham”. However the Supreme Court, in this case, has deemed such an approach too literal, thereby ruling that a written employment contract may be disregarded if the reality of the situation detracts largely from the […]

Bommai V Union

Chapter 5 Conclusions and Suggestions Before theBommai[i]decision was delivered, the Constitution of India excluded the jurisdiction of the Supreme Court when the President declared emergency. However, things are now clear that the Court can now scrutinize whether the power provided by Article 356 has been misused or used arbitrarily or that there is no relevant as well as reasonable material to substantiate that the state will not be able work as per the provisions of the Constitution. It is to […]

The Separation of Legal Personality

The fact of the Atlas Maritime Co SA v Avalon Maritime Ltd [1]is that Mr Richard Morrison is the director of Stewart Marine, a company which run ship brokers. He wants to buy a vessel which had some broken and the company appointed a technical consultant, Mr Melville Price which from Drake Maritime SA. Drake Maritime SA is a technical company and London agent of Stewart Marine. After the evaluation, Mr Price said that the vessel is appropriate to buy. […]

Valilas V Januzaj

Assessment CLR&I CASE NOTE Valilas v Januzaj [2014] EWCA Civ 436 Lady Justice Arden Lord Justice Underhill & Lord Justice Floyd In the Court of Appeal (Civil Division) On the Appeal from Worcester County Court His Honour Judge Hooper QC IUC69309 Between: IOANNIS VALILAS & VALDET JANUZAJ SRN=140326561 Introduction Ioannis Valilas v Valdet Januzaj[1] dealt with the issues regarding repudiation of a contract. The core as well as the legal issue was that whether a party has the right to […]

McCullen V Coakley

Running Head: Case Opinion Analysis: Mccullen V. Coakley McCULLEN V. Coakley Case Opinion Analysis For the purpose of this paper I choose to place an opinion applet to the case of Supreme Court of the United States no. 12–1168. Eleanor McCULLEN, et al., petitioners v. Martha Coakley, attorney general of Massachusetts, et al .on writ of certiorari to the United States court of appeals for the first circuit argued on January 15, 2014 and decided June 26, 2014. Following an […]

Challenging the Power of the Commonwealth

Part A It is obvious, from the facts presented, that this question is primarily concerned with the implementation of the international convention in Australian domestic law, and the validity of the process of this implementation in accordance with section 51(xxix) of the Constitution, also known as the ‘external affairs power’. Before such a conclusion can be reached, it is firstly important to understand the limits and scope of this power and hence comprehend whether the Commonwealth has exceeded its legislative […]

Characterisation and Separation of Powers

Introduction The constitutional validity of the Regulating Organic Food Security Act 2014 (Cth) (Impugned Act, hereafter referred to as IA) is an issue that will be discussed in this essay in addition to whether the National Organic Food Security Commission is valid as well. Both of these will be discussed with regards to the issues of characterisation and separation of powers. Head of power/Trade and Commerce Firstly the scope of power in this case is non-purposive and the physical movement […]

Supremacy and Member States

Introduction Each of the member states of the European Union have a constitution of some sort; whether it’s written or otherwise. Most of them have a written constitution (with the United Kingdom being one of the few who doesn’t), and this can cause a great many problems when it comes to EU supremacy if it in any way conflicts with their constitution. Although one of the conditions of membership of the European Union is that member states give priority to […]

A Tort Law

Introduction Based on the question, Mark had suffered property damage due to the fire that was set by the youths. Therefore, we are required to advice Mark in respect of any claims he may have against various parties: the Amber Borough Council (hereinafter ABC), Chigley Services, Home Office, Justin and Jason, and the Fire Brigade. Technically, Mark could bring an action for economic loss under negligence and vicarious liability which are governed by the law of tort. Since we are […]

Australian Criminal Law System

Part 2: critical legal analysis: You must critically analyze and discuss the question. You must support each of your agreements with authority. If there is no case law to support your argument, you may use any academic or other literature or commentary that supports your argument. Q4:The common law of Australia does not recognize that an accused on trial for a serious criminal offence has a right to the provision of counsel at public expense. Further, that as a matter […]

Australia’s Legal System

Business Law Assignment 1. Australia’s legal system is based on the English legal system.” To what extend is this statement correct? Discuss. It is widely known that Australia continent has been settled by Great Britain from the late 18th century. However, the English legislation system is the foundation of Australia law that is still needed to be discussed before reaching any conclusions. Following are the related factors which clarify this issue. Firstly, it is necessary to take a look back […]

Balancing the Rights of Patients and Medical Professionals

Running Head: Balancing the Rights of Patients and Medical Professionals In the medical field, law and ethics play a vital role in the relationship between patients and medical professionals. Violation of these laws results in liability of the offender. Ethics considers the best interest of an individual and society. It establishes and maintains a nature of obligations and duties. Biomedical ethics plays a significant role in guiding medical personnel on how to treat their patients. Medical [G1]professionals offer a critical […]

Basic Human Rights

THE BASIC HUMAN RIGHTS In Malaysia, there are a set of rules that safeguards our freedom, the basic human rights of Malaysian is compiled under the Federal Constitution. This compilation of laws are supreme as mentioned under Article 4 of the Federal Constution. This means that even the Syariah Law of Malaysia can not go against the Federal Constitution. The decision of the Court of Appeal for the case of Muhamad Juzaili Bin Mohd Khamis & Ors v State Government […]

Beef Ban – a Progressive or Regressive Move

Beef Ban A progressive or regressive move… If people let the government decide what foods they eat and what medicines they take, their bodies will soon be in as sorry a state as are the souls of those who live under tyranny. Thomas Jefferson, 1781 The rekindled controversy about the beef ban legislation in the states of Maharashtra and the tabled bill in Haryana has raised a few brows amongst the public who try to unscramble the rationale behind such […]

Beneficiaries of Clubs Law

192596 Title: Captain Ahab died in 2005. His will included, inter alia, the following two gifts to the ‘Midlands Whale Watching Club’: a) ‘My house, Moby Villa, to be used as a headquarters for the Club; and b) A£160,000, to enable members to go on trips to watch whales in Antarctica.’ The Midlands Whale Watching Club is a non-charitable unincorporated association whose rules consist of the following clauses: 1) The main object of the club is to promote knowledge of […]

Building and Planning Regulations in Sri Lanka

Introduction to Law and Regulation Framework Introduction. This coursework report describes under law and regulatory framework. From this assignment aims to provide a study about building regulations, planning regulations in Srilanka. This report provides regards to the ongoing project at Villa Garden, Albert Crescent, Colombo 07. Project scenario The building known as Villa Garden, Albert Crescent, Colombo 07, has been refurbished and currently provides office space. However, the Developer has realized they made a […]

Business and Employment Law

End of Chapter Questions – Business and Employment Law Week One Page 32, question 5: Is the hospital correct? What additional information might you wish to know to answer this question? The classification of an employee and independent contractor is brought up in the case of Wojewski versus Rapid City Regional Hospital Inc. (Bennett-Alexander & Hartman, 2012). The text defines an independent contractor as a person who contracts with a business to perform a specific task, but has complete control […]

Australian Consumer Law

Answer 1 Liability of Mr and Mrs Lee in this case At the time when loan ws taken by their son and Lim, when guarantee was entered parents Mr Lee and Mrs Lee were old, did not understand English well and had received no independent advice. Banks under the provisions of ACL cannot seek to enforce guarantee agains parents, as their liability is limited in view of the above facts and normally family gives the guarantee. Therefore though consented in […]

Basics of Contract Law

Invitation to Treat Invitation to treat is a contract law term. However, it is not an offer. It is merely an invitation to others to make offers. It is a sort of preliminary negotiation to buy something and it follows that an invitation to treat cannot be accepted and there is no commitment to sell or offer which could be accepted. The court will always look at the language used or the inferred intention of the parties when deciding between […]

Bill of Rights Amendments

Frisk and seizure. This amendment, according to the Fourth Amendment, is all about: people’s right to security, protection from unreasonable searches and seizures, no violation, and that warrants should only be issued upon probable causes. Many scholars taking constitution consider this as the most freedom which has been ensured by the Bill of rights in comparison to all other freedoms. Without this protection, other important liberties like freedom of press, speech and religion could not be of existence. This right […]

Law of Evidence Question

Abstract In this coursework I have paid particular attention on the Youth Justice and Criminal Evidence Act 1999(YJCEA) , Criminal Justice Act 2003, Code D of PACE 1984 Code of Practice and cases such as Turnbull [1977] , R v Hanson [2005] , R v Vye [1993] and other relevant cases in order to solve this problem question based on criminal proceedings and interpret the statutes , the general rule and exceptions of hearsay evidence ,apply the case laws and […]

Scenario on the Sale of Goods and Unfair Contract Terms

This problem scenario is clearly referred to sale of goods act 1979 and unfair contract terms act 1977. The given three questions have been analyzed accordingly in separate three paragraphs. In the sale of goods act section 2 (1) it defines that what contract of sale of goods is as a contract whereby the seller transfers or somehow agree to transfer property in the goods to buyer for money consideration, which called as the price. Mainly considering that point the […]

Essays on Justice