Virtue Essay Examples - Free Research Paper Topics on StudyDriver.com

Inspector of Taxes

Explain the rule in Pepper (Inspector of Taxes) v Hart [1993] AC 593, as it now applies. Evaluate its wisdom. (Look at both sides of the argument). ANSWER Introduction This paper discusses the rule established in the 1993 House of Lords case of Pepper (Inspector of Taxes) v Hart[1] and its current application. The rule is evaluated and conclusions are drawn. In essence, this rule of interpretation provides that where primary legislation is deemed to be obscure or ambiguous and […]

Position of Rape Laws in India

The Indian Penal Code, 1860 (hereinafter IPC), drafted by T. B. McCauley and his colleague law commissioners, reflected the then prevailing sexual norms in India, criminalized ‘rape’ – a coercive non-consensual (as well as consensual in a set of specified circumstances) sexual intercourse with a woman. S.375 [1] of the Indian Penal Code describes six circumstances in which the offence of rape is said to be committed. In these, the first and the second clauses are representative of the elements required to […]

Power Must Never be Trusted Without a Check

“Power must never be trusted without a check”-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 divided into three separate organs (the legislature, the executive and the judiciary )with a special system of ‘checks and balances’. This was the system proposed […]

Power of Distribution

In the Estate of Herbert North Summary The answer to the question is that none of the individuals described have authority to act as the situation stands. A representative needs to be appointed before the estate can be administered. Herbert North’s assets will therefore have to be collected in by a court appointed representative and divided among those who are entitled to inherit his assets. It must be impressed upon Mary that Flo, as Herbert’s girlfriend may have the status […]

Prenuptial Marital Agreements

This essay highlights the aspect of prenuptial marital agreements. A pre-nuptial agreement is an contract made by a couple before they get married or enter into a civil partnership, which assorts how they desire their assets to be shared if they should divorce or have their civil partnership dissolved. Such agreements are divided into three categories. First are the Pre-nuptial agreements which are made before marriage. Second are the post-nuptial agreements which are similar to pre-nuptial agreements but would be […]

Problem Answers on Criminal Procedure and Evidence Law

(i) In the rules of criminal procedure, a suspected person has no obligation to answer any questions because the burden of proof of a criminal case is at the prosecution side. Therefore Herman can exercise his right of silence which is protected under the Article 11(2)(g) of the Hong Kong Bill of Rights Ordinance (Cap. 383) and refuse to answer any question raised by any police officer. However, if it is the truth that Herman was in Macau from 9th […]

Problem Answers on Tort Law

Tort Law Can the owner, Mary successfully sue Tom for the damage to her car because of negligence? Identify and discuss the essential element of the tort law that she must prove. To sue Tom for the damage to her car, Mary need prove three important factor: Tom owed them a duty of care: She able to prove that Tom failed to exercise reasonable care while he was towing the car which parked on car park without permission. In which […]

EU Law on Air Travel

1. On 15 April 2010, because aircraft risks most of the European airspace was closed down due to the eruption of the Icelandic volcano, Eyjafjallajkull. Denise McDonagh, had reserved a flight from Faro to Dublin[1] for 17 April 2010, was cancelled by an unexpected event as discussed above and did not resume until 22 April 2010 thus she reached Dublin on the 24 of April 2010. On 17 to 24 April 2010, she was stranded in Faro and spent £1129. […]

Problem Questions on Company Law

Question a: A company that formed will create a separate legal entity to conducting business which is protected under the Companies Act 1993 (Companies Office, 2014). When a company is formed, the company will contained some basic elements such as the company’s name which is reserved by Registrar of Companies, at least one share, one shareholder and a director, a registered office that used to keep the records of the company, an address that used to serve the legal documents […]

Payments in Construction Law

INTRODUCTION In construction environment, payments was defined as the value of works, materials or goods comprised in a contract as in Royden (M) Sdn Bhd v Syarikat Pembenaan Yeoh Tiong Lay Sdn Bhd[1]. In a simple words, payment can be a consideration in terms of money for works that Contractor had carried out and material delivered to site accordance to the contract. Contractually it can be said that the money must be paid by Employer promptly of fully unless there […]

The Transfer of Shares

Question 1 The relevant provisions in the articles of association of Treeng Ltd (“Treeng”) are twofold. First, the directors are empowered to refuse to register a transfer of shares, and it seems that they may exercise this power in their absolute discretion. At common law, however, such power must be exercised “bona fide in what they consider – not what a court may consider – is in the interests of the company”[1] and the decision to refuse to register a […]

M V Home Office

Briefly explain the case of M v Home Office (1994) as it relates to the concept of the Rule of Law Dicey proposed that every man is subject to the ordinary law of the realm and amenable to the jurisdiction of the ordinary tribunals, whatever his ‘rank or condition’[1]. The accuracy of this assertion came under challenge in the case of M v Home Office (1994)[2], in which two issues of constitutional importance were considered; firstly whether injunctions could be […]

Primary Duty of Maintenace in Islamic Law

Maintenance Introduction: Maintenance is referred to as nafaq, and that ‘comprehends food, raiment along with lodging, through in common parlance, it truly is limited for the very first. Under Islamic rules, man will be responsibility sure to keep the wife. Over in Islam can be exempted from just about any financial earning responsibility. She is titled for maintenance underneath Islamic Law. Primary Duty of Maintenance: It is the primary duty of husband to maintain her wife. As well as if […]

New Developments in Todays Court Room

Camera’s in the courtroom although not a new topic still seems to be a topic of hot debate. According to an article entitled, Sotomayor Should Push for Camera’s in the Courtroom just published in June of 2009; A federal judicial courtroom is still deciding about the judges discretionary power to allow camera in the court room even in 2009 (Breyer & Hyatt, 2009). This paper will attempt to look at the history of camera’s in the courtroom, the pros and […]

Option Contracts

Subject – Company law 1 Option Contracts -An analysis of position in India Background Put and call options are one of the preferred mechanisms for investors in India, both foreign and domestic, and in different type of transactions like joint venture, stock market, etc. In lay man’s term a put option enjoyed by A against B gives A an option to sell certain securities at a future date at some specified price. Whereas a call option enjoyed by A against […]

Ownership of Land

This question requires detailed analysis on laws relating to ownership of the land and title to items found in or on the surface of the land. As the principle of law states ‘whoever owns the soil owns everything up to the heavens and down to the depth of the earth’. A person having proprietary rights in the land also has the control of it above and below the surface of the ground, anything that is part of the land, and […]

Obtaining a Restraining Order under

Restraining order under S.176(10) A restraining order will only be given by the court when a scheme or an arrangement is proposed to the court under the consideration as accordance to s.176(1)&(3) to prohibits the court in granting any further action towards the said company. However such application must be applied to court before any orders or resolution has been passed by the court to any interested party and after procedures which laid down from s.179(1) to s.179(9) has been […]

The Laws in other Countries

Chapter 3 Comparative Analysis of the laws in other countries vis-a-vis India Legislation w.r.t Criminal Law including investigation and Punishment Provisions w.r.t Victim Compensation and Treatment Steps taken w.r.t sale and Regulation of corrosive acids Steps taken to ensure Implementation of the laws at the ground level Legislation w.r.t Criminal Law including Investigation and Punishment When it comes to Legislation Bangladesh has the most stringent laws w.r.t. acid violence. The maximum punishment of death[1] is inflicted on the accused if […]

Leasehold Reform Act 1967

1. What were the material facts in the case? The Leasehold Reform Act 1967 provides tenants the right to purchase the landlord’s freehold interest of a property. There is no requirement for the tenant to occupy or have occupied the property. The property was subject to a lease. The appellant was the tenant under the lease. The appellant wanted to acquire the freehold of the property. The property was originally built as a single private residence and had subsequently been […]

Legal Issues in Construction

Introduction The industry of construction is very vast in UK, which sometimes contributes to 10 percent of the total GDP of the country. Many commercial issues have been grappled with it, all of them were in sharp focus by the critical climate of economy, since the mid of 2008. The essential nature of a contract can be encapsulated by different definitions. One definition which is very well understood in the context of business is considered it as an […]

Is Legal Reasoning Different from Political Reasoning?

Theory of Law & Justice Assignment Question: Is legal reasoning essentially different from the reasoning of politicians? If not, why not? If it is essentially different, in what way is it different? Justify your answer by reference to the views of relevant legal theorists. Introduction It is noteworthy that the legal and political systems are fundamentally different in the first place due to the diverse perspectives of the world, and they have developed into two separate entities with their own […]

Liability Claim House

Liability Claim House Question One In order to determine whether Hermione will be successful in a claim against Harry, the law of tort is examined. A tort may be defined as the breach of a legal duty owed, independent of contract by one person to another, for which a common law action for unliquidated damages may be brought. If we take into consideration the Hedley Byrne v Heller (1964) case where the claimants were an advertising agency, who had been […]

Life of a Prosecutor

Life of a Prosecutor A prosecutor is a type of lawyer that could be federal, state, or just local. They represent the government in all types of court cases. The main job of a prosecutor is to be able to provide research, and have investigative skills to bring to the court room. A prosecutor must be able to handle a very large amount of stress and possibly some emotional difficulties. This job may also come with tiring nights and a […]

Damages Clauses

Contents: 1. Introduction P.2 2. The criteria necessary for a purported liquidated damages clause.. P.3 3. The main factors of claims P.4 4. The benefits to Employers and Contractors in a valid liquidated damages clause P.5 5. If the liquidated damages clause is not held to be valid and enforceable P.6 6. Conclusions and Recommendations P.10 Question 2: Discuss the criteria necessary for a purported liquidated damages clause to be held to be valid, the benefits that […]

Licensing of Premises

Licensing of Premises for Solemnisation of Civil Marriages Objective Our client owns a large yacht. He wishes to use it for profit-making ventures. To this end, he seeks advice as to the possibility of it becoming a venue for wedding ceremonies for what he describes as “discerning couples”. If this is possible in principle, he wishes to be advised as to two possible scenarios: first, its use as a venue for this purpose by a particular individual who wishes to […]

Istihsan and Sharia Law

Basically, the rulings that had been made by the Companions and Successors were often based on their own understanding for the spirit and Shariah purpose. So, the rulings that are made by the Companions and Successors are not in restricted manner and also not in giving the exact meaning of the rules because they are not literalist. Therefore, istihsan has been made as the antidote to literalism which gives a wide interpretation of the law in order to sustain equality […]

Jurisdiction and Powers of the High Court

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, “jurisdiction”is the power and authority constitutionally conferred upon a court or a judge to pronounce the sentence in law, or to award remedies provided by law, upon a state of […]

Jurisprudence on the Right of Ownership and Possession

Introduction The concept of ownership and possession is one of the fundamental juristic concepts common to all systems of law. This concept of ownership has been discussed by most of the writers before that of possession. However, it is not the right method. The idea of possession came first in the minds of people and it was later on that the idea of ownership came into existence. The idea of ownership and possession developed with the development of the civilization […]

John Hopkins Hospital Case Analysis

Dismiss Memorandum of Law in Support Of Defendant’s Motion to Remand To the Circuit Court for Baltiomor City, Maryland. Plaintiff Kanwe West, through his undersigned counsel, movestatement of facts below support that the Defendant has been denied his right to a speedy trial and therefore, is entitled to an order to dismiss by this Honorable Court to remand this action pursuant to 28 U.S.C. 1447(c), submits this memorandum of law in support of its Motion to Remand. Introduction Plaintiff Kanwe […]

Lange Vs Australian Corporation

LWZ203 Constitutional Law Q(i) Do you believe that Lange vs Australian Podcasting Corporation (1997) 189 CLR 520 was correctly decided? The Constitution contains few express rights and freedoms. Amongst OECD countries, Australia and Israel are countries whose constitution does not have an explicit Bill of Rights. The High Court of Australia has recognized that the structure and the text of the constitution , including the system of “representative and responsible government” may give rise to implied freedoms. An implied Freedom […]

Virtue Essays