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

Justice Scalias Dissent

Justice Scalia’s dissent in Jaffee v. Redmond The 1996 decision of Supreme Court’s in Jaffee v. Redmond RULED that communications within the relationship of psychotherapist-patient are privileged, other than it as well concurred that the privilege has wider scope. The preponderance issued these decisions above a Justice Scalia vigorous dissent. Justice Scalia blundered equally the majority’s recognition of a privilege of psychotherapist and its addition of the privilege to clinical licensed social workers. In this case, the defendant in the […]

Drug Courts

Drug Courts Introduction Drug courts merge treatment with sanctions and incentives. Sanctions comprise compulsory, in addition to, random testing of drug of the offender. Drug courts are an established instrument for improving public health in addition to safety of public. They offer a pioneering means for association amid the prosecutors, judiciary, law enforcement and additional agencies of community corrections, providers of drug treatment and support groups of community. The efficiency of these courts is fine documented ever since they initially […]

Law of Partnership

The Law Commission in its Consultation Paper No. 159 on reform of the Law of Partnership recommended, inter alia, that a new form of partnership be created that would constitute a legal entity distinct from its members. Critically consider the advantages and disadvantages this form of business organisation would have over the present form of partnership regulated under the Partnership Act 1890. According legal personality to partnerships would produce an overall positive effect. It is not, however, entirely without disadvantages. […]

Law of Property

In this scenario, there are several parties who have, or who acquire, an interest of some sort in the property known as Greyoaks, a large freehold, registered property. Briefly, the principal parties include the registered proprietor of Greyoaks, Ophelia. As the registered freehold proprietor, it is Ophelia who has the ability to grant the various rights and interests which she subsequently does. From the outset, she is free to dispose of the property howsoever she wishes. She begins a relationship […]

The Australian Constitution: Interpritation

Introduction Constitutional interpretation has been frequently discussed in many parts of the world, particularly Australia, which will be the main focus of the article. Generally, constitutions play a vital part in federal systems. Some theories of constitutional interpretation have been applied throughout a period of time until further reflection highlighted its shortcomings.[1] The debate over the importance of different modes of constitutional interpretation has been ongoing for a period of time. Before we begin considering the two major cases on […]

Introduction to Contract Law

CONTRACT A contract is a legal binding between two companies, businesses or parties that unites them in an agreement which is protected by law. A contract between the parties can be created verbally, in writing, by conduct or by all these means. And this contract becomes a valid contract if it has all the essential elements described as follows: It is important to mention that contract is enforceable only if all these elements are present in the contract. ESSENTIALS ELEMENTS […]

Australian Law

Apply key concepts Assignment semester 1 – 2014 Under the Criminal Law (Clamping, Impounding and Forfeiture of Vehicles) Act Of motor vehicles used by persons who are alleged to have committed certain Offences such as drunk driving, reckless and dangerous driving. The police can Take a vehicle away for 28 days if the person has been arrested or reported in Relation to those offences (not yet found guilty by a court). Given your Understanding of the rule of law and […]

Introduction to Legal Theory

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 will also discuss various theorists and the essay will go further to show the relationship between legal theory and law. Firstly, legal theory can be […]

Is it Necessary for a Country to be Governed by a Constitution?

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 always been there, the oldest known constitution which best exemplify the modern constitution is the Code of Hammurabi which was first discovered in 1902 but […]

Issue of Interests

The issue of interests which are unknown to the purchaser of land have long been a problem to less cautious buyers. This essay will examine the way in which title of land has not been indefeasible through registration due to the existence of overriding interests and will seek to explain how the new provisions of the Land Registration Act 2002 limits the scope of these interests and pursues the aim of a register which mirrors interest in title. As Gray […]

Legistlative Provisions and UK Courts

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 and one known reason for its long delay was found in its parliamentary supremacy concept which stresses that the Parliament is not bound by any […]

Human Rights and Criminal Justice

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 Lord Denning MR) who commits a breach of their common law or statutory duty by making an unlawful/wrongful arrest be liable for damages (M v. […]

The Victorian Burglary Legislation

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 intent to commit the crime of burglary at the time of the first effective entry into the building or part of the building as defined […]

Indian Competition Law

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 or goods, or the provision of services, of any kind, or in investment, or in the business of acquiring, holding, underwriting or dealing with shares, […]

Individual Communications Mechanism and Human Rights

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 argued that the ICM, despite providing for greater access to human rights for individuals, cannot be a better hope for realising human rights than other […]

Infringement of the Canadian Charter

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 carry out their duties, the civil rights of a person may be infringed. Section 24 of the Charter of rights and freedoms protects residents of […]

Innominate Contracts

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 of being unnamed. A distinct characteristic of Roman Law is that it might be said to possess a law of contracts as opposed to a […]

Inquisitorial and Adversarial Systems

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 of what is sometimes referred to as an adversarial system of justice. This differs from the so-called inquisitorial system of justice which is employed in […]

Feminist Jurisprudence

class=”small”> In order to answer this question one must first assess and consider the theory of feminist jurisprudence. This will require an in-depth analysis of the theory and the principles of postmodernism. Further, in order to answer this question one must assess the principles that interpose themselves in law, namely the role of sex. Feminist jurisprudence can be said to be a theory that stands out from the classic theories that occupy the thoughts in jurisprudence. Feminism can be defined […]

Fighting for Rights

In 1925 the Indian National Congress adopted the ‘Declaration of Rights.’ In subsequent session held at Madras held in the year 1927 demanded incorporation of a ‘Declaration of Fundamental Rights’ in any future constitutional framework following which, a committee under Motilal Nehru was appointed by the National Congress to study the fundamental rights. The rights emphasized by the Motilal Nehru Committee Report were: Personal liberty, inviolability of dwelling place and property Freedom of conscience, and of profession and practice of […]

University of Maiduguri with Disciplinary

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 the limits and otherwise of the powers of institutions to punish erring students. The decision has been the subject of criticism, and it has been […]

Good Faith and Contract Law

Good Faith & Contract Law “the governing principle … applicable to all contracts and dealings “. This statement was made by Lord Mansfield in 1766 and was an (unsuccessful) attempt to raise good faith to the level of a general principle, the common law as it subsequently developed rejected his initiative. The traditional law of contract, as it became established in England in the second half of the nineteenth century, did not impose or recognise a general duty of good […]

Guidelines Relating to Encounter Killings

Guidelines specific to Encounter Killings: The general procedure on the Human Right Violations was not so fruitful in ensuring proper compensation nor preventing further encounter deaths. So the National Human Rights Commission had to issue directives/guidelines specifically for Human Right violation related to encounter deaths. According to those the reports had to be submitted within a stipulated time frame and on the receipt of such reports, the NHRC investigates these cases. Where it believes there was no apprehension of any […]

Have Law and Equity Influenced each Other?

1 Table of Cases Bank of Boston Connecticut v European Grain and Shipping Ltd Central London Property Trust Ltd v High Trees House Ltd Cresswell v Potter (1978) 1 WLR 255 Cuckmere Brick Co Ltd v Mutual Finance Ltd Earl of Oxford’s Case (1615) 1 Rep Ch 1 Napier and Ettrick (Lord) v Hunter Tinsley v Milligan United Scientific Holdings v Burnley Borough Council Walsh v Lonsdale Table of Statutes Bills Supreme Court Act 1981 Supreme Court of Judicature Act […]

Judicial Discretion and Jurisprudence

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 law is segregated into two main schools of thought: legal naturalism and positivism. The naturalistic claim that the very essence of law is its morality […]

How and why some Conduct is Considered Unlawful

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 as any conduct that is forbidden by law. There are fundamental distinctions between civil and criminal law. In civil law a private party, known as […]

Environmental Law in Hong Kong

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 granted under any other Ordinance; in pursuance of the purpose of the prevention of injury to any person or the saving of the life of […]

Equity and Trust Law

Brief : 189084 Delivery Date : 18/08/06 Title: “There is no single convincing explanation for the operation of the resulting trust..” Discuss ANSWER Introduction It is submitted that the resulting trust is a form of implied trust that is created by the inference of the law in circumstances in which the actions of the parties concerned and the characteristics of the transaction between them suggests a legal intent to establish a trust relationship. Resulting trusts resemble express trusts from many […]

Equity and Trusts Advice Style Answer

This paper seeks to establish whether Bill had any rights either in real or personal claim over the said estate located in Luneborough. It would identify the type of remedy, if any generated consequent to the breach of Bill’s rights. It would also identify the type of enacted that recognizes the right afforded to Bill, that is if any and provide the remedies available for the protection of the rights. The next requirement would be apply the law to the […]

Equity and Trusts- Charities

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 association is obviously not a company and so it is an unincorporated association. Lawton LJ set out the definition of an unincorporated association in Conservative […]

Virtue Essays