Are vulnerable and intimidated witnesses adequately protected during cross-examination under the current law? To appear as a witness in a criminal trial has been described as a terrifying, intimidating, difficult and stressful ordeal. [1] It is not an easy experience for vulnerable and intimidated witnesses when the issue of giving evidence about the incident they […]
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) […]
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Get help with your assignmentMain Issue Whether the death sentence violates the Eighth and Fourteenth Amendments? Relevant Legal Concepts “Reasonable people can differ about whether the ethical judgments embodied in these legislative and judicial decisions should be legally sanctioned as the public policy of the state.” (p. 64) “A person whose behavior is consistent with moral principles is said […]
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 […]
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 […]
The fact in Donoghue V. Stevenson[1] was that the appellant drank a ginger beer that was bought by her friend in a cafA© and she drank part of it from her cup. Her friend poured the rest and a decomposed snail was seen floating on the ginger beer. The nauseating sight coupled with the fact […]
Introduction: A company which is not carrying on any business or which is not in operation is called a defunct company. In a general circular, issued by the Ministry of Corporate Affairs (MCA) the defunct companies have been described as that: certain companies have been registered under the Companies Act, but due to various reasons […]
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. […]
“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 […]
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 […]
Law Examination Q3: Outline and discuss the factors which will determine the admissibility of computer-generated or computer stored evidence Answers: Admissible Evidence Before determine the admissibility of the computer-generated or computer stored evidence, we should know an evidence of what conditions are needed to meet is an admissible evidence. Gerald and Kathleen Hillgave us a […]
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 […]
Question 1 Charlie attacks Betty with an ashtray, killing her and incurring prima facie liability for murder. The actus reus of murder is causing death which requires that the defendant’s act satisfies factual and legal causation. As there are no competing causes of death, these requirements are established and the actus reus of murder is […]
>Introduction We bump into contracts almost every day. Contracts are usually being made orally e.g. boarding a train, purchasing coffee at a shop, purchase cloth at an online store. However occasionally written contracts are sometimes required, such as when buying a car or an apartment. A contract were created because that there is an agreement […]
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 […]
Introduction All contracts are agreements but not all agreements are contracts. A contract is a binding agreement between two or more individuals that is enforceable by law. The Law of Contract in Malaysia is governed by the Contracts Act 1950. Section 2(h)[1] states that an agreement enforceable by law is a contract. Offer and acceptance […]
Brief : 194325 Delivery Date : 29 March 2007 Title: Download a case from the Europa website. Find the ECJ judgment for criminal proceedings against Kolpinghuis Nijmegen BV 80/86. Based upon this download of the judgment, answer all of the following questions. ANSWER Source: Judgment of the Court (Sixth Chamber) of 8 October 1987. Criminal […]
Judicial staying of criminal proceedings is an exceptional course for the trial judge to take and usually the trial process itself including appropriate judicial directions to the jury, is adequate to ensure that a criminal trial remains fair at common law and Article 6 of the European Convention on Human Rights, as given effect to […]
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 […]
Our precedent case: Case name: Crocker v Sundance Northwest Resorts Ltd. CanLii citation: 1988 CanLII 45 (SCC) Our precedent case has played an important role in the development of Canadian law; according to our textbook, it stands for the following principle (you may quote your textbook here): Duty of care Voluntary assumption of risk Contributory […]
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 […]
Comment on and describe the particular difficulties arising in cross border estates, i.e. a person dying with assets in several jurisdictions. Cross border estates have inherent difficulties that centre on the legal and fiscal consequences when the investor dies. There are varying rules in the different countries and various operations in regard to succession. Some […]
Topic – Corporate Responsibility: Should there be more or less government regulation? With over 1 million businesses operating in Canada, corporate responsibility is a major issue that should be recognized by citizens within society. In simple terms, corporate responsibility is the ethics and morals of a business. Many corporations in Canada have a tremendous amount […]
Current money laundering threats and trends Traditional Money Laundering Typologies Structured Transactions Deposited to Financial Institutions It is true to say that the smuggling of prohibited goods will bring a huge amount of money to smugglers. That money, in the end, must be integrated into the economy in order to be used. The transfer of […]
Corporate social responsibilities (CSR) CSR is the standard where organizations ought to help the welfare of society and not be singularly given to boosting benefits. It is an idea that associations have a commitment to consider the investments of clients, representatives, shareholders, groups, and biological contemplations in all parts of their operations. Socially mindful organizations […]
Introduction With the advancement and sophistication of today’s technologies, the world is no longer safe from privacy. Worst of all, there is no law that is able to govern or defend against data privacy or personal data in the Cyberworld. As a result, hackers/perpetrators breach into the privacy of victims, stealing valuable and personal information […]
Counterfeiting case-laws 4.1 General introduction Counterfeiting cases keep on mounting everywhere on earth, except those countries that have understood that only by disrupting demand will they be able to deter this illegal trade. No lawsuit has yet been tried against end-purchasers of counterfeits; reason being that those found liable are mostly punished by fines imposed […]
In 1996 at a conference on cyber-law, Judge Frank Easterbrook of the US Court of Appeals gave a presentation on Property in Cyberspace in which he argued that cyber-law as a strand of law did not exist, for the same reasons that there was not a law of the horse”. He argued that Teaching 100 […]
Black cascading robes, white periwigs and the resounding thud of a court hammer are the images often associated with the administration of criminal justice. Over the course of my court attendance I quickly realized that this idealized perception fails to reflect the complexities of the criminal justice system. The first issue I will discuss is […]
DATA PROTECTION AND THEFT Forms of Data in Law Firms The (Indian) Information Technology Act, 2000 (hereinafter referred to as the Act) deals with the issues relating to payment of compensation (Civil) and punishment (Criminal) in case of wrongful disclosure and misuse of personal data and violation of contractual terms in respect of personal data. […]
