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Law Essay

EU law .....has paramountcy over national law because Parliament in passing the 1972 Act intended this if a future Parliament were to provide otherwise, the UK courts would be obliged to give effect to national law. Ann Lyon: Constitutiona
Such incompatible inconsistencies in legal theory were implicitly neglected by all parties the time UK coupled the European community.Essentially, the Roman treaty was earlier designed similar, to all other international contract that created obligations and regulations like the European convention of rights or NATO. They were approved by the present government about the time practicing its royal entitlement to sign international contracts. Moreover, the rights, provisions and laws involved in
Pages: 7 (1750 words), Essay
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Explain how a registered design may be a work which is also capable of protection by copyright. In what circumstances could such dual protection be important
Designs do offer protection even from innocent violators who may not know that a particular design is already registered and is protected. On the other hand, copyright provides for a wider fair use circle that would effectively protect innocent and non-commercial users. By the very nature of the mechanism of protection, it can be asserted that both designs and copyrights are present for different purposes. The next important difference is the extent of protection, though copyright would
Pages: 8 (2000 words), Essay
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E-Commerce Law
In short, spam or bulk emails sent to the public without taking consent can be considered as illegal because of privacy violation.According to the spam regulation laws in UK, electronic mail marketing messages should not be sent to individuals without their permission. Both the sender and the recipient should agree each other for sending and receiving bulk emails. UK laws with respect to spam have lot of loopholes. It allows senders to send marketing mails to an existing customer. In other
Pages: 6 (1500 words), Essay
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Ethical Dilema Case 2
The man rightfully informed the police officials so that he and his neighbors can avoid any impending danger. In doing so, he had not only made himself secure but also others around him and had also helped the concerned authorities in maintaining law and order situation by taking the appropriate decision at the right time.The second decision is that the person should further investigate the whereabouts of the Middle Eastern man. This decision is based on the moral rule that no innocent should
Pages: 4 (1000 words), Essay
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Essential Elements of a Crime
Under general common law not only in the United Kingdom but also in other countries practicing common law, no individual can be held criminally liable for an act of omission.However, there are exceptions to omission rule such as in cases where there is: statutory duty, contractual obligation, voluntary assumption of responsibility, duty due to defendants previous conduct, and public duty. Failure to act and or respond positively to the above exceptions can result to committing actus reus by
Pages: 4 (1000 words), Essay
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Equity and Trusts
However, it’s arguable that in the circumstances of this case, Brian manifested an intention to hold the said money in his deposit account in trust for Amanda by virtue of his conduct. Court will determine the intention based on Brian’s conduct which suggests existence of a constructive trust. It is also correct that Premafacie, the words themselves are not sufficient enough to create a valid trust but coupled with Brian’s conduct, there is a manifestation of that intention.For example,
Pages: 6 (1500 words), Essay
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European Union law
Kate’s case is that pay for marketing department employees is one third higher than that of her own pay. There is no case that marketing department employee’s pay differed in terms of sex. In this case, all the marketing department employees are males except for one part-time female employee. There is no case that she is being paid lesser a rate of pay than her male counter parts receive. It is quite clear that Kate is a personnel department employee whose nature of work is different from
Pages: 8 (2000 words), Essay
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ETHICS ESSAY
These traits though seem different but yet they are very much the same. Every leader has to possess a sense of understanding, be it with the staff or the customers, in order to stand out as an effective leader.Essentially, good leaders have always been open to challenges and changes. Being shy of them makes them only weaker and it was very Howdy Holmes who took it as a challenge by establishing his organization in an area that had already seen a complete washout of companies.Since leadership is
Pages: 5 (1250 words), Essay
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Equity and Trusts
That the fund was began in 1980, and there is a presumption that not every employee that was working at the Hipley Textiles in 1980 were still working there today, or even that even one of the employees is still working at the factory today.Another possibility is that this money would be treated as a resulting trust.8 This would occur if the court assumes that the settlor of the trust are the people who contributed the money into the trust, and the trust itself fails, because of the lack of
Pages: 4 (1000 words), Essay
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Essay questions
The amount of freedom provided to the female correctional officers is minimum and they are made to work for longer hours. Senior male officers also disregard them in the context of their training and their social interactions and they also tend to exercise excessive supervision on them. The environment in the correctional system does not give the required trust and respect to female officers. The possibility of  sexual harassment by the inmates as well as colleagues is also another problem
Pages: 5 (1250 words), Essay
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Evaluate this statement in light of relevant case law and doctrine of promissory estoppel
The second principle is the principle of two presumptions, which presumes differently when considering the intentions of an agreement, depending on whether the agreement is a commercial agreement or a social agreement.Nevertheless, the differentiation in the nature of the agreement, when it comes to the presumption of an intention to create a legally binding contract, has a predetermined position. The conditions applicable for a commercial agreement in relation to the principle of intention to
Pages: 8 (2000 words), Essay
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Evaluate a Philosophical Approach - Criminal Justice
To employ statistical analysis of the arrests, procedures of courts, trials and the decisions of the judges, before they came up with their conclusions. In this analysis, the researchers employed the Critical Social Science approach to achieve decisive arguments and reflections. Through the Critical Social Science approach, the authors were able to challenge the research knowledge within conventional empirical study reports. The researchers were able to achieve this through the application of
Pages: 5 (1250 words), Essay
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Equity and Trusts
Under the fixed trust, also known as “an interest in possession”, the share of a property under trust in which a beneficiary is to receive is fixed into the trust instrument.5 The interests of the beneficiaries are determined at the outset. In this type of trust, the trustee has the obligation to dispose the property under trust as per the terms of the trust which is not the case under the discretionary trust where the trustee may have some discretion on the exact value of the
Pages: 10 (2500 words), Essay
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Eminent Domain- Melvin M. Brandt Holding and Trust vs. United States
Brandt concerns a quiet little action filed by the federal government involving a ten acre strip of land in Wyoming over which decades of failed railways operated in 1908, the government per tented thus granting land to Marvin and Lulu Brandt a plot of land including a portion of what was subjected to be the right of way.Several years later, the rail road abandoned the right of way. By the year 2004,the rail road had completed removing the track road and thus the land was free again.it was
Pages: 7 (1750 words), Essay
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Essay title: 'The courts have been able to exercise a powerful influence over the content of the employment contract by the use of implied terms.'
They should be necessary to efficiency of the contract. They should also be equitable and posses the reasonableness. They should be obvious, that is, “goes without saying” and as well as capable of apparent expression. Lastly they should not be contradictory to the express terms.Statutes also recognize implied terms in employment law. In this, the law seeks to protect the weaker parties. A term is only implied if it is deemed necessary for efficient operation of law. Work time regulations
Pages: 15 (3750 words), Essay
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Equity law
Pundits are thus of the view that courts of law need to utilize principled approaches, as opposed to the exercising of unfettered discretion that is based on individual notions of judges pertaining to what is fair or not (Halliwell, 2003:194).The presence of ‘unfettered discretion’ potentially has far reaching consequences, with regard to voluntary property dispositions. Thus, the presence of voluntary settlement can occur by way of outright transfer of property by way of ‘gifting’,
Pages: 5 (1250 words), Essay
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Equity and Trust Law
F, he said that in order to render effectual and valid voluntary settlement, the settler was to act effectively on property transfer to the other person in the trust7. The court of appeal’s approach targeting hunter v moss arrived at a conclusion that was different in relation to trust creation of trust over intangible and fungible property. In the case a company employee was entitled to fifty shares out of nine hundred and fifty shares held by the company and the workers employment contract.
Pages: 7 (1750 words), Essay
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Explain how the legal regulation of tobacco advertising to consumers has developed in three contrasting countries. You should use legal references and include the current situation in each of the three countries
The United Kingdom being a member state of the European Union and a signatory of the World Health Organisation has been enacting regulation meant to curb the sale and consumption of tobacco products to reduce the health effects that are related to those products. In 1962, the Royal College of Physicians highlighted the health complications that result from the consumption of tobacco products. The revelations came after an extensive research had been carried on chronic smokers. The college
Pages: 8 (2000 words), Essay
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Evaluating the impact of international environmental laws on oil/gas production
There is also the emission of dust and other particles in the air. These emissions make the environment less accommodating to the inhabitants and can even lead to some health complications.During the drilling process, there are a number of ecological damages that might take place. When the well pads are being developed the vegetation cover and the topsoil are always removed. This will lead to increased soil erosion because of the reduced vegetation cover. This leaves the earth vulnerable to
Pages: 8 (2000 words), Essay
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Equity & trusts on the three certainties
However, the magnitude of object certainty may have a significant variation depending on the trust type. The two types of trust include fixed and discretionally trust. In fixed trust, the distribution of property to the beneficiary is fixed. On the contrary, discretionally trust is where the recipients may be from a given class of people. The principle of object certainty may be substantiated by the case law of Morice v Bishop of Durha. It was decided that trust cannot exist and may not be
Pages: 6 (1500 words), Essay
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