INTRODUCTION Before discussing the doctrine of equivalents it is necessary to understand its origin and the reasons which lead to the application of the doctrine in the patent law cases. The Doctrine of Equivalents is a doctrine which was judicially originated by the U.S courts. There are various reasons behind establishment of the doctrine by […]
Investigative Plan Introduction This paper describes an investigative plan designed to deal with the spate of daytime robberies occurring recently in this city. The plan will draw upon the limited information obtained by our police officers in respect of each of the robberies. Aspects covered in the investigative plan will include the investigative steps needed, […]
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Get help with your assignmentCritically assess the ways in which the judges have differentiated between the concepts of intention and motive in the criminal law In lay terms “intention” and “motive” are often employed interchangeably and without apparent distinction. This cannot be said to be so in the criminal law. Smith[1], commenting upon intention, states: “It might be expected […]
More than any other area of criminal law, intoxication demonstrates the clash between principle and policy. It is a fundamental principle of criminal law that liability should follow fault and that a person is only at fault if their behaviour is voluntary (actus reus) and the product of rational thought (mens rea). Strict adherence to […]
1.”The concept of ‘intention to create legal relations’ is used by the courts as a device to enable them to deny enforceability to those agreements which they consider should not be legally enforced” (Jill Poole, Contract Law). In order for a legally binding contract to come into existence, there are certain requirements which must be […]
In Problems and Process, Higgins tries to show that there is an unavoidable choice to be made between the perception of international law as a system of neutral rules, and international law as a system of decision-making directed towards the attainment of certain declared values.[1] She begins her article by stating her opinion that international […]
International Criminal Law Synopsis The International Criminal Court is an official organisation that has been formed as a politically independent judicial establishment to act against the most serious crimes containing, Crimes against Humanity, Genocide and War crimes (International Criminal Justice, 2014a, and 2014b). The political freedom of the organisation has been interrogated as the relationships […]
Introduction Black’s Law dictionary defines the constitution as “the fundamental and organic law of a nation or state that establishes the institutions and apparatus of government, defines the scope of governmental sovereign powers, and guarantees individual civil rights and civil liberties.”[1] Constitutions are classified as written or unwritten, flexible or rigid. Although ancient laws have […]
Such commissions are appointed to ensure that administration of the state is carried on in accordance to the provisions of the Constitution. However, the abuse of this power for political purposes cannot be ruled out. In his dissenting judgment in State of Karnataka v Union of India[i], the learned Judge held that such enquiry commission […]
In India, “encounter killings” are tragically common. Encounter killing is now a euphemism to indicate extrajudicial execution by the police in staged “encounter” scenarios where persons are killed apparently in exercise of the police’s right to self-defence. Incidents of encounter killings are widely reported in news media and are even glorified. Perpetrators of this brand […]
Indigenous Interpreting Issues in WA Courts Central to the concept of justice in Australia is a fair trial. An essential feature of this is that the defendant ‘not only be physically present but should also be able to understand the proceedings and the nature of the evidence against him or her’.[1] Therefore, if a witness […]
To assess whether individual communications can lead to the greater realisation of human rights, it is imperative to consider; the benefits which the individual communications mechanism (ICM) provides individuals with, a discussion of the shortfalls of the ICM and how other methods of monitoring and protecting human rights may overcome these issues. It shall be […]
TABLE OF CONTENT Executive Summary The UAE keeps up a position as the significant exchange and venture center point for a huge geographic district, which incorporates the Middle East and North Africa, as well as South Asia, Central Asia, and Sub Saharan Africa. The nation positioned nineteenth in the World Economic Forum’s 2013 2014 Global […]
‘Safeguarding Human Rights lies less in new laws, than in new interpretations’. Discuss with reference to the United States and the United Kingdom Introduction Both sides of the proposition posed in the title question are fraught with difficulty. Human history, particularly as it unfolded in the twentieth century, confirmed that national and supranational treaties and […]
Case: R. V. Mann, 2004 SCC 52, [2004] 3 S.C.R. 59 In our country, everyone is protected under the law. The Canadian Charter of Rights and Freedoms guarantees certain political rights to citizens as well as civil rights of everyone who resides in Canada. However, in some cases where law enforcement or other government agencies […]
Abstract: UK as a Western Liberal state could be rightly described as pro human rights actor in terms of its membership with the UNO and EU. Both the UN and UNO have enshrined Human Rights in its Charter and Convention respectively. However, until 1998 the UK did not have a separate legislation for Human Rights […]
What were the innominate contracts? Where did they come from and why were they important? The very term innominate (literally without name) is potentially confusing since these so-called contracts are named very specifically. The term refers to their place in the system of classification of contracts in Roman Law rather than their possessing the characteristic […]
In considering the extent to which the police have complied with the Police and Criminal Evidence Act (PACE) 1984 and the PACE Codes of Practice regarding the arrest, detention and interrogation of Graham and Nisha it is to be appreciated that a police officer (Ministry of Housing & Local Government v. Sharp, at p.266, per […]
An inquisitorial system of criminal justice offers the best system for ensuring that those guilty of committing criminal offences are convicted and that the innocent are acquitted. Inquisitorial and Adversarial Systems Defined and Compared In England and Wales and other common law countries such as the United States, criminal proceedings are operated on the basis […]
Human Rights as an Imperial Corporate Responsibility It has been argued, time and again, that human rights have the potential to function as the new tool of civilization – that they are motivated by international political and economic aims. I attempt to synthesize and visualize these critiques in the context of the human rights industry […]
1. Introduction Inventions are the property of their makers. That means if someone expresses his/her idea or initiative, it is his/her property which is known as intellectual property. The word “intellectual property rights,” in accordance with the Agreement on Trade-Related Aspects of Intellectual Property, 1994 ( hereinafter TRIPS), refers to the rights related to Copyright […]
Human rights are based on values, which are broadly, if not universally, shared and are gradually converging towards a common set of standards that can be accepted and enforced. Nonetheless some query whether these ambitions, however admirable, are reflected in the realities of practice. Jeremy Bentham stated that ‘from real laws come real rights; but […]
“My ideas of a better ordered world is one in which medical discoveries would be free of patents and there would be no profiteering from life or death” – Indira Gandhi Intellectual property regimes are usually assumed to exert positive enticements on technological innovation. However, given the serious nature of access to critical health technologies […]
ICT and the Law 1.Cybercrime in the UK: Cybercrime, is a growing problem for law enforcement agencies worldwide; what actions can be taken against such criminal activity in the UK and are there any implications regarding an individual’s rights? Cybercrime, or ‘computer misuse’, is defined by the Computer Misuse Act 1990 as recently amended by […]
Company Law ‘The decision of the Supreme Court in The Commissioners for HM Revenue and Customs v Holland (2010) and the case-law subsequently, has brought much needed clarity to the questions of how to identify whether someone is a de facto director, and why it is necessary for the law to be able to identify […]
Impact of Singh v The Queen on the Victorian Burglary Legislation. Introduction The main contentious issues in Singh v The Queen[1] are when should the mens rea element of the crime of burglary be proven to exist for a continuous act or series of acts, should the prosecution prove beyond reasonable doubt the existence of […]
Long established precedents exhibited a contradiction made amid a sale of distinct items against one of goods by depiction. The former necessitating the purchaser to examine the goods and rely on personal awareness: caveat emptor, while the latter evincing the reflection of the goods with their contractual specifications. In a sale of unrecognized goods, reference […]
Title: Inadequacy of Cyber Laws in India Inadequacy of Cyber-Laws in India* Introduction: A very simple understanding of the term “Cyber Law” is that it is the law governing Cyber Space. Cyber space is a very wide term and includes computers, networks, software, data storage devices (such as hard disks, USB disks etc.), the […]
5.4 Enterprises: The meaning of enterprises for the purpose of this Act has been defined under Section 2(h) of the Act as under: Enterprise‘ means a person or a department of the Government, who or which is, or has been, engaged in any activity, relating to the production, storage, supply, distribution, acquisition or control of articles […]
Matrimonial Regimes Keith and Erika have been married for the last five years. Before they married they decided that their future common property should be governed by the Community of Acquests regime. Keith was never a good administrator of his own money and during the last months, Erika found out that Keith had invested community […]
