Russia’s Form of Government They have a Federal Republic, which means that Russia has a federation of states with a Republican form of Government. It is also semi-presidential, which means that both a Prime Minister and a President handle day-to-day business together. Russia is a federation and a presidential republic, wherein the President of Russia […]
The significant difference between religious system and other types of legal systems is religion plays an important role in religious legal system as a guide to deal with disputes, an enlightenment for the general community on the right understanding, and a decision making process based on scared texts. In Afghanistan, where Islam has the important […]
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Get started(ii) Mandatory Injunction: A mandatory injunction may be defined as an order of the court not only restraining a person from further wrongful acts but directing him further to restore, as far as possible, the former state of things. A mandatory injunction not only in involves prohibition but also imposes a positive duty on the […]
Introduction to English Law Before the Norman conquest, different areas in England were governed by the different law system. The law system based on the local custom hence, the law is varied from place to place. Thus, the King had only little control over the country as a whole and there was no effective central […]
Introduction to English Law English law is applicable to England and Wales, the legal system under the umbrella of the United Kingdom. The law has largely been built through their years of qualifications, knowledge and experience to create a regulation to allow the residents of these countries that want to live and they must be […]
1.0 Introduction to Malaysia Courts There is a hierarchy of courts in Malaysia which starts with the Magistrates Court as the first level, followed by the Sessions Court, High Court, Court of Appeal and the highest level of the courts is the Federal Court. A court is defined as the institution that the government sets […]
Why is ‘civil procedure’ different from ‘criminal procedure?’ In criminal matters, action is taken by the “state” (either federal, state, or local government agencies) against an individual for a violation of the law. A criminal matter can result a sentence such as a fine, probation or time in jail. The sentence is imposed upon a […]
Title of the Article-“Company Law, 2013: Demystifying NCLT and One Person Company†Abstract The Companies Act 2013 has been a mixed bag of affairs. It has come up with new rules regarding various institutions that were not there till now like the NCLT and the NCLAT and the provisions of one person company. These new […]
“The jury system is often described as “the jewel in the Crown” or “the corner-stone” of the British criminal justice system. It is a hallowed institution which, because of its ancient origin and involvement of 12 randomly selected lay people in the criminal process, commands much public confidence.” – Lord Justice Auld (1999) Review of […]
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 […]
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 […]
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 […]
Garba v.University of Maiduguri with Disciplinary issues in Tertiary Institutions Introduction A watershed moment in the landscape of the nation’s judicial decisions took place in the last century in the case of Garba v.University of Maiduguri[1] Where the Supreme Court laid down a marker in respect of disciplinary issues in our tertiary institutions, and […]
In this project, I shall talk about how a victim could be more empowered in the existing criminal justice system. I shall divide my project into 4 sections and a conclusion. In the first section, I shall talk about all the powers that have been given to the victim of a crime under the Criminal […]
“…the description of British government as an elective dictatorship is no longer appropriate.†(V. Bogdanor The New British Constitution (2009) Oxford, Hart). Discuss, considering in particular Bogdanor’s argument that the separation of powers has been strengthened within the British Constitution in recent years. Britain is described as not having a written constitution, instead it is […]
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 […]
A key feature of the jury is that it must have impartiality and there is an argument that an accused person has the right to expect that the trial will be conducted by an impartial jury. [1] This is evidentially accurate as the whole concept of jury nullification would be severely undermined if there was a lack […]
JUDICIAL DECISION-MAKING AND SOCIAL JUSTICE I INTRODUCTION The judiciary’s collective reputation for impartiality and independence is vital in maintaining the perceived legitimacy of judges’ decisions. According to Sir Owen Dixon, this necessitates judges to accept that they should exercise their power via the techniques of legal reasoning.[1] Despite the general consensus on the importance of […]
Introduction As legal disputes arise by the day, litigants seek different avenues to solve their matters. One of the ways is by instituting these matters before a court. However, the basic and most important step is to go before a court of competent jurisdiction. According to the Black’s Law Dictionary, “jurisdictionâ€is the power and authority […]
This discussion examines the role of the jury in the current judicial system and asks the question as to whether or not it should be abolished under certain conditions or whether it remains a fundamental facet of British democracy. Trial by jury might afford some protection against the (perhaps largely unconscious) bias of the judiciary, […]
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICTSTATE OF MARYLAND *IN THE KANWE WEST,* Plaintiff* *Civil Action No. JOHN HOPKINS HOSTPITAL, ET AL* Defendants* *CIRCUIT COURT QONTA WADDELL*FOR BALTIMORE CITY *CRIMINAL DIVISION *********** PLAINTIFF’S MOTION TO REMAND DISMISS Plaintiff, Kanwe WestNOW COMES the Defendant, Qonta Waddell, through his undersigned counselCounsel, Cassandra Costley, Assistant Public […]
Scrutinising the executive is one of the imperative duties of the UK Parliament. It ‘seeks to limit and control the exercise of power by making those who hold the power- the executive- directly and constitutionally responsible to the legislature’.[1] Thus, it monitors power balance by implementing adequate checks and balances of the activities undertaken by […]
“Power must never be trusted without a checkâ€-John Adams. When a government is to be formed, one of the major concerns of the forefathers of a nation is that there is enough liberty given to each organ of the state so as to ensure their proper functioning and liberty, the government is supposed to be […]
Institute of Law Procedures of Search and Seizure in French Criminal Justice system: A Comparative Analysis Comparative Criminal Procedure Procedures of Search and Seizure in Franch Criminal Justice system a Comparative Analysis Abstract Code de Procedure penale is one part of Franch Criminal Justice Administration framework. In the French system it is portrayed this as […]
1. Explain the Doctrine of the Separation of Powers and how it operates in Australia. (350 words) The doctrine of the separation of powers is a political system used in Australia, where the institutions of government are divided into three main branches. These include the executive, legislative, and judicial(Greenfeld, 2012). The legislature includes the parliament […]
Analyse the significant developments in the evolution of UK Business Law in the period between 1600 and 1900. Explain how these developments impact upon the current operation of UK Business Law INCORPORATING THE LAW MERCHANT INTO COMMON LAW In the 1600’s a major development of business law was the incorporation of merchant law into the […]
Manchester Minshull Street Crown Court was very much the stereotypical image of a court, complete with the old brickwork, the large courtrooms with lots of polished wood, and of course, the gowns and the wigs. In comparison, Manchester’s Civil Justice Centre was much more modern, consisting of lots of glass and lots of floors. Although […]
After the case of Kable v Director of Public Prosecutions (‘Kable’)[1] whereby the institutional integrity principle was first implemented by the High Court, there has been substantial use of the principle in other cases. However, there are various concerns regarding this rule, and as a result there has been disagreement and many alterations to the […]
TOPIC 10 THE LEGAL SYSTEM AND THE COURTS 10.1 THE LABOUR COURT 10.1.1The Director-General 10.1.2Appeals 10.2 THE INDUSTRIAL COURT 10.2.1Employment Disputes 10.2.2Composition of the Industrial Court 10.2.3Reference by the Minister 10.2.4The Jurisdiction of the Industrial Court 10.3 JUDICIAL REVIEW IN THE HIGH COURT TOPIC10 THE LEGAL SYSTEM AND THE COURTS 10.1 THE LABOUR COURT The […]
When the legislative and executive powers are united in the same person, or in the same body of magistrates, there can be no liberty; because apprehensions may arise, lets the same monarch or senate should enact tyrannical laws, to execute them in a tyrannical manner. (Montesquieu, Spirit of Law 1748) The theory of Separation of […]
