Legal theory is a primary subject which could serve as the basis for law and due to its vast theorists and their ideas such as natural law, legal positivism, utilitarianism and feminism, this essay will explain legal theory, legal research and the importance of legal theory and how it is linked to legal research, it […]
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, […]
A professional writer will make a clear, mistake-free paper for you!
Get help with your assignmentMore 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 […]
The Israeli-Palestinian bilateral negotiations in the 1990s resulted in three signed agreements that related, inter alia, to water: the Declaration of Principles of September 1993; the Cairo Agreement of May 1994 (Oslo I); and the Interim Agreement of September 1995 (Oslo II).[1] Oslo II included Article 40 – ‘Water and Sewage’.[2] These agreements, like all […]
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 […]
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 […]
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 […]
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 […]
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 […]
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, […]
Title: “Freedom of expression constitutes one of the essential foundations of …a [democratic]society…[It]is applicable not only to ‘information’ or ‘ideas’ that are favourably received or regarded as inoffensive or as a matter of indifference, but also to those that offend, shock or disturb the state or any sector of the population.” Handyside v United Kingdom […]
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 […]
Moral questions impact the law at every corner. A rigid separation between morality, law, and discretion is implausible and, as Wacks defines it, “an improbable enterprise.” [1] In theory and in practice, the judiciary functions as the crux of the common law in Hong Kong. It is therefore in judicial discretion that the perception of […]
In order to understand unlawful conduct it is important to know the differences between civil and criminal law and fault. Factors which influence why conduct is considered unlawful and how conduct is labelled as unlawful will be looked at in depth in following paragraphs. For the purpose of this essay unlawful conduct may be defined […]
The Area of Law The area of common law relevant to tort of negligence will be discussed to determine whether Terry Fagan Mining Pty Ltd is liable to Brendan Yze. Principle of Law Negligence is a tort, which can be dictated as a conduct that are not caused deliberately by defendants to result in another […]
Equity evolved to cover the cracks within the common law. Over the years it has evolved a separate but parallel set of legal rules which complement the common law. The case of Dudley v Dudley illustrates this by announcing that ‘Equity does not destroy the law, nor create it, but assist it’. The common law […]
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 […]
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 […]
The case law of the European Court of Justice on matters of sex discrimination considerably expanded the scope of Article 141. More recently, in applying the principle of equality, the court has shown uncharacteristic restraint. Prior to the treaty of Amsterdam, the then Article 119 of the EC Treaty provided: “Each Member State shall during […]
(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 […]
“The rules relating to refreshing memory allow a witness, who has forgotten everything about an incident, to still provide testimony. To that extent it subverts the purpose of examining a witness as it means they cannot be properly questioned about their recollection since they are testifying about what they are reading and not what they […]
Dear Sir, RE: ADVICE ON ALLEGATIONS MADE AGAINST YOU. We have received your email on17th December 2014 and are now pleased to advise you on the matter. 2.0MATERIAL FACTS 2.1That you had received a document from a man in uniform due to the complaint made against you by the public for causing a nuisance while […]
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 […]
The issue is whether the exclusion clause Coaches Ltd intends to rely on was incorporated into the contract, and if so whether it is effective in excluding Coaches Ltd’s liability. The first point is thus whether the exclusion clause was expressly incorporated into the contract. The clause was printed on the back of the invoice […]
TASK 1 Explain the written and unwritten law. Written law is the most important source of law. It refers to the portion of Malaysia law, which includes the following: – Federal and State Constitutions; The Federal Constitution is the supreme law of the land. All of the thirteen states have their own constitutions known as […]
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) […]
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 […]
“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 […]
