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Law Essay

What Is International Law
One of the notable proponents of the positivist system is Hart, whose view of a legitimate legal system is one where two significant elements must exist: One of the notable proponents of the positivist system is Hart, whose view of a legitimate legal system is one where two significant elements must exist.
Pages: 9 (2250 words), Essay
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Would Adoption of the Proposed New Regulation Address the Issues
Malta does not recognize divorce and consequently, there is no provision in the local law of that country for matrimonial proceedings relating to divorce and annulment of marriage. Malta though it is a small nation, is part of the European Community, and there is a distinct possibility of spouses from different Member States staying there
Pages: 16 (4000 words), Essay
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What is the preliminary reference procedure, how does it operate and what are its advantages and disadvantages
The dominance of the ECJ as it gets the legal assistance of the EU laws system and therefore the cases handled by the ECJ sometimes provide controversial options of discretionary power to the national courts, particularly in situations related to arbitrations on employment and industrial relation disputes. For instance, if you take the disputes on issues like indirect discrimination, the EC is supportive to the benefit of employers but at the same time, this issue is sent to the national court
Pages: 4 (1000 words), Essay
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Week 5 Torts and Product Liability
Defense of intentional tort may also be as a result of responsible individuals such as parents and teachers disciplining children using reasonable force.According to Eric (2009, p.612), the tort of defamation classifies injuries sustained as a result of wrongful acts that damage ones reputation into two aspects of consequences and grief caused by the defamatory statements to the plaintiff. The consequences of the attitudes towards the plaintiff are adopted by other people due to the diminution
Pages: 4 (1000 words), Essay
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What are the key principles from British law that are embedded in the Australian legal system and did Australia totally adopt the British model
These principles, as entrenched in the Australian Constitution are considered fundamental to governance are part of the country’s English common law inheritance. This paper thus explores the extent to which the Australian legal system has been influenced by the English legal system and the extent to which it has adopted the principles of the British legal systemThe Australian legal system, like all the other legal systems in the world is based on certain principles within whose confines the
Pages: 7 (1750 words), Essay
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What would your advice be if John was (unbeknownst to Rupert):i). A schizophrenic; or ii). An alcoholic as a consequence of taking prescription drugs.Given (i) and (ii) could John still be dismissed Or is there another course of action
No employer is allowed to dismiss, sack or discipline employees because of ill health. There two acts under Health and Safety at Work (HSWA) that protects employees. The two acts are;John’s behavior on grounds of the mental illness is protected by the UK employment act. The dismissal attracts fine penalties and John should receive his salary and job reinstatement. The disciplinary action should be charging John or ask him to replace the broken photocopier glass and the papers he wasted. The
Pages: 8 (2000 words), Essay
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What does the source tell us about the role/purpose of law
Because the wealth remained with the father the children would be better placed with their father rather than their mother. The law protects the welfare of children by placing them where hey will be provided for as it is the obligation of a man to provide for the family. The law also protects private property by prescribing the manner the property passes from one family member to another.The laws present at this time aim at regulating the conduct of the individuals in order to ensure the
Pages: 6 (1500 words), Essay
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With specific reference to post-1990s developments, critically evaluate the scope of the doctrine of humanitarian intervention under Article 2 of the United Nations Chapter
The establishment of the UN Charter led to various dramatic changes in the world structure of peace and security. The above organizations came up with various ways of solving the challenges they came across. For instance, in order to eliminate the powers used by high authorities during the Cold War, the UN Charter established various peacemaking (Mingst & Karens 1995, p.29) and it took the role of the Security Council in maintaining international peace and security. After the Cold War and the
Pages: 14 (3500 words), Essay
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Whether Transnational Corporations and Other Business Enterprises are great threat for Human Rights
There is likewise uncertainty about the legal procedure to be followed, the vesting of jurisdiction in the proper authority, even the identification of the tribunal to hear the case. Light also needs to be shed on the protocol as to how claim may be made and the party with the personality to make it, and the protections which the accused corporation may avail itself of in warding off false claims and accusations.Much will be said in the course of this discussion about those human rights upon
Pages: 8 (2000 words), Essay
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Why do directors need to have their duties spelled out in statute
This will help in providing a successful platform for initiatives in businesses to elevate the UK business environment into global standards and making it the best place to do business. The modernization of the company law is a significant drive to facilitate and enhance the UK business enterprises to be competitive in the entire Europe and around the world appropriate investor protection and managerial freedomDirectors as Managers of the companies in the UK are expected to ensure that the
Pages: 4 (1000 words), Essay
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What do you understand by the term constitutional conventions Critically explore, giving examples, whether you consider constitutional conventions to be necessary for the smooth running of the constitution
These constitutional conventions also have a way of making some actions that may be allowed normally in the law become unlawful when they are carried out (Allen and Thompson, 2005, p.There is a clear difference that exists between the constitutional conventions and laws that can be explained by stating that a law does not lapse if for whatever reason it becomes outdated but the conventions can wane if they are not use for a considerable period of time or if someone goes against them and there
Pages: 10 (2500 words), Essay
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What is the difference between Roman law and Anglo law
Some of the top commentators and proponents of Roman Law rejected the concept of the validity of law, this is because the these thinkers believed that law should not be based on logic, but rather on divine direction (Coughlin, 2011). This is because there is a general trend and process in which they sought to protect the divinity of the papacy and the divinity of anointed kings and nobles who were viewed as persons with divine power and divine authority. Thus, the Roman Law was based on this
Pages: 11 (2750 words), Essay
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What is the International Criminal Court and why is the United States opposed to it (Course:Law and International System)
Since the Court is a criminal one, those to be prosecuted for these crimes are individuals. States are not included in the jurisdiction of the Court as legal subjects.” (Schabas, 2000, p.The Court is “entitled to try the crimes committed after the date of Courts establishment and the date of signing of the Statute by the relevant state. Older cases and the relevant states are not included in the jurisdiction of the Court.” (Schabas, 2000, p. 70) In other words, only the crimes committed
Pages: 18 (4500 words), Essay
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Which of the EC/EUs institutions has played the most effective role in pushing forward the process of European integration
It also sought to increase the democracy and openness among the countries making the Union and hand the European legislation more power (Aleisen, 2004).The European Union has twenty-eight member states and is governed by a number of institutions that embody the EU’s character of supranational and intergovernmental tendency. These bodies are the European council, the European Commission, the Council of the European Union or Council of Ministers, the European parliament and the Court of Justice
Pages: 8 (2000 words), Essay
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Why do we study corporate theory Is it useful for understanding company law and formulating company law reforms
This ensures that organizations do not undertake activities that are beyond their objectives, and when they do this, the state may punish them through the courts. This, therefore, explains why the government may require such an organization to be closed; because it performs task that are beyond the ones that the state allowed it to execute.The Aggregate theory that was proposed by Berle argues that an organization is an alliance that is formed by individuals who have a common interest. This
Pages: 4 (1000 words), Essay
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What are the differences between Wrongful Interference with a Contractual Relationship and Wrongful Interference with a Business Relationship
The indemnities recoverable for wrongful interference are not measured through contract rules. Nonetheless, the injured party can convalesce from the tortfeasor: the contract’s financial forfeiture of the paybacks; far-reaching losses that the interference is termed as legal cause; and, emotional distress. In fact, emotional distress refers to the actual harm to reputation if they are judiciously to be anticipated to come up with as a result of the interference (Miller & Jentz, 2012).Thirdly,
Pages: 4 (1000 words), Essay
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With reference to the case law on direct effect, critically discuss the extent to which this concept (direct effect) is an effective means of protecting an individuals European Union Law rights
Test of direct effect requires the principle to be clear and precise, offer no room for implementation and be unconditional.5 The provision must be unconditional, clear, negative obligation, independent of any national implementing measures and must not contain any reservation on any part of the member state. The EU Courts must satisfy that all these requirements have been fulfilled in order for the rights envisaged in the principle to be enforced before the national courts.However, the failed
Pages: 8 (2000 words), Essay
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What are the challenges of collecting and using eyewitness evidence in criminal investigations
In each of these situations are variables crucial in determining the validity of the eye witnesses’ account: System variables (can be controlled by the criminal-justice) and estimator variables (cannot be controlled by justice system) (Wells, 2003).These can be controlled by the criminal justice system. The major system variables include physical or photographic line up. It has been established that a witness will in approximately in one quarter of a time pick the wrong suspect. The same
Pages: 8 (2000 words), Essay
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Wrongfully convicted trial cases
Some of the cases that have been wrongfully include that of: Guy Paul Morin, David Milgaard, and Donald Marshal, Jr.In the case of Guy Paul Morin, he was handed a life sentence in 1992 for the murder of nine-year-old Christine Jessop in 1984. Jessop disappeared from her home in Queensville, Ontario, and she was found dead in a farmer’s field two months later and sexually assaulted. Charged with the murder of Jessop; however, Morin was acquitted in 1986. However, a new trial was called by the
Pages: 10 (2500 words), Essay
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Why is the legal system important for a physician
Patients need to realize the different uses of the collected information and the various options available for their medication. Doctors are expected to meet the patients’ requirements while performing along their professional capacities. When these conditions are not met, physicians may encounter lawsuits from the unsatisfied patients or their relatives (Chapter 3).Legal systems provide protection and responsibility. Doctors require protection especially when dealing with situations that
Pages: 4 (1000 words), Essay
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