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Law Essay

Explain this statement and conclude your discussion by saying whether or not you agree with the law commission's current proposals
European Law Commission Proposals”, it indirectly touched the core values of that proposal as an attempt to harmonize all United Kingdom Laws relating to consumer rights and remedies with those of the Commission proposals. This Consultative paper further earmarked an indirect advice to the commission regarding short term remedies to be harmonized across Union members without necessarily deviating from the traditional Contract Law remedies like rejection, repair and replacement or rescission
Pages: 7 (1750 words), Essay
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Case Analysis
Moreover, the trial related to the issue was conducted based on the charges selected by the personnel of the Air Force. The major issue that emerged from the case was regarding a clash between the Constitution of a country and an enacted treaty. Raise of constitutional issue was the major concern within the case. The issue raised a question regarding the role played by the military under the governmental system. The issue also raised the Bill of Rights related concern. In this case, for the
Pages: 4 (1000 words), Essay
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Child Law
Family policy is one among a plethora of social policies. It employs a holistic approach to protect children (Kamerman, 2009, p. The government has to provide protection to individuals who are vulnerable and disadvantaged.The Children Act 1989 and the Children Act 2004, provide the statutory system for the fundamental protection of children in England and Wales. The local authorities are placed under a duty, by the Children act 1989, to ensure that the children in their area do not undergo ill
Pages: 11 (2750 words), Essay
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The EU has significantly contributed to improving the position of atypical workers
However, in 2005, the Commission’s Communication on the Social Agenda proposed the Green Paper which was to analyse the work patterns and the position of the labour law to enhance the development of the trends of work. The Green Paper was ‘Modernizing labour law to meet the challenges of the 21st century’ and it was presented in 2006. It subjected to the increase of the atypical contracts with the strong integration of women and older workers represented too2.Another direction taken by
Pages: 8 (2000 words), Essay
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Electronic Commerce Law : Passing of Property and Risk
This seem to ignore the fact that the majority of goods are not fully insured, while there are also many trades I n the American states which are barely insured at all. If the courts are going to fully rely on goods insurance arguments, they are then liable to determine a trial if there also exists insurance of damaged goods. The insurance argument is being used by the court system to avoid the detailed investigations of as to who is liable to the risk incurred in the shipped goods, and the
Pages: 12 (3000 words), Essay
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Evaluating the Law of Theft
The owner of the property then, shall in this case, suffer the loss of enjoying the benefits of the property in which the thief has appropriated himself. The supplementary definitions of terms arising from the definition of theft have been substantially dealt with thereafter from section 2 to 6 (Hooper & Ormerod, 2011).There have been some changes to the act over the years, the latest being as late as 2006. The changes are carried in two major changes (repeals); the Theft Act 1978 and the Fraud
Pages: 4 (1000 words), Essay
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First amendment
This is because this reflected the intent of the speaker. Shuy points out that “a defamation claim cannot rest only on the receiver’s feelings about being defamed, but also (or even more so) on the way the sender’s message was said or written” (2010, p. Ancient societies, church courts, local courts, and king’s courts had laws against slander.The original thirteen states and colonies in America had laws regarding slander and libel. The defamation, libel, and slander laws that exist
Pages: 13 (3250 words), Essay
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Construction Law Coursework
Halsey did not involve proposals on where the court had ordered mediation rather on inter-party mediation. However, the Court of Appeal reaffirmed the ADR orders in Commercial Court form. The Court also added that a failure to mediate after a Court recommendation could warrant the imposition of sanction costs against the successful party (Richbell 2009). A certainty on the sanction costs being ordered against that successful party would be achieved by court orders which recommend ADR to be
Pages: 6 (1500 words), Essay
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How successful has the prison system been in achieving a balance between disciplinary and therapeutic strategies in dealing with drugs
Rehabilitative functions such as education programs for drug abusers, medical therapies and counseling may be costly, but help in minimizing the drug abuse problem in the society (Keene1997). The prison system has contained the offenders in a humane manner thus allowing the offenders to successfully integrate in the society after their imprisonment term (Gravett 2000).Substance abuse is a critical problem among the prison population. Therapeutic treatments for the offenders benefit both the
Pages: 12 (3000 words), Essay
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Critically analyse fair and equitable treatment standard in international investment treaties, taking into account recent treaty and arbitration practices
Which “must be disciplined by being based upon State practice and judicial or arbitral case law or other sources of customary or general international law.”2 Although FET’s definition is not precise, nevertheless it is capable of practical application by applying its specification in case law. The most important principles that attach to FET are transparency, stability, and the investor’s legitimate expectations, compliance with contractual obligations, procedural propriety and due
Pages: 15 (3750 words), Essay
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Professional Legal Skills and Advocacy
I think, there are other cases that would make it difficult to apply the Turnbull principles. This belief gains the support of the court of appeal decision involving R vs. Here, the court of appeal gave a ruling that it is not the duty of a judge or of the court to solve issues of witness or suspects identity. Another case that supports my assertion is the decision of the appeal court in R vs. In this case, the driver of a car did an offence, and the issue was whether the driver was a woman or
Pages: 4 (1000 words), Essay
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Responsibility of A Correctioanl Captain in the State of Alabama
Responsibilities of a correctional captain include various tasks in terms of financial, managerial and operational area of the organization. In this research study, responsibilities of a correctional captain in the state of Alabama have been discussed elaborately.The responsibilities of a correctional caption are defined and regulated by the Alabama Department of Corrections. The Alabama Department of Corrections (ADOC) is the agency responsible for imprisonment of convicted felons in the state
Pages: 6 (1500 words), Essay
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Article Critique - Cluster Analysis Examination of Serial Killer Profiling Categories: A Bottom-Up Approach
This study is essential, because the FBI is after of alleviating the surging crime rate or even putting it to a halt, at the bottom line. However, there is a need to understand the actual nature of the crime in order to have important clues or leads on how to actually respond and solve it. It is the elemental task of the FBI or other related authorities to stop or hinder the implementation of crime, and so the need for more scientific evidence on the right approach to do is a critical
Pages: 4 (1000 words), Essay
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In terms of defamation does the USA or UK approach to the law strikes the best balance between protecting reputation and protecting the freedom of expression
Otherwise, they would not be provided with the legal protection of the notice and takedown system (Goldman, 2013).However, the law and ethics pertaining to the media have evolved in a different manner in the US, in comparison to the UK. The most important disparity is the consequence of the First Amendment of the US Constitution, which provides for a right to freedom of press that is absolute and unqualified (Crook, 2010, p. The UK has included into its legislation, the European Convention on
Pages: 10 (2500 words), Essay
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Violent Crimial Case
The police to interfere with the privacy matters of a party if the police have sufficient reason of believing that they will find an evidence of a crime committed an a warrant of arrest is issued by the court. Similarly, the privacy concerns of a person can be overridden by the law enforcers if a certain situation justifies the search even though a warrant has not been issued.Having been established in 1961 by the US Supreme Court, the exclusionary rule was a major aspect of the 4th amendment.
Pages: 6 (1500 words), Essay
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Human rights and the Canadian charter of rights and freedom
The court used several preceding cases to help it conclude. NLRB, 467 U. 883 (1984) (Cornell University, n.) was one of the main cases used in determining the decision. Sure-Tan was much the same case about the firing of unauthorized immigrants (Cornell University, n.The court did not use immigration law under the IRCA in its findings (Cornell University, n. It used only one law, the National Labor Relations Act, since the argument was either not to pay the back pay or
Pages: 4 (1000 words), Essay
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Public international law
The responsibility of the States to support insurrectional movement, it is highly essential to understand the concept of sound responsibility and what it entails.With respect to the notion of PIL, protecting individuals from genocide, ethnic cleansing and crimes against humanity is the key responsibility for the States. With regard to the concept of sound responsibility, the doctrine generally entails three major activities of the States. Firstly, the laid down activity includes ensuring that
Pages: 7 (1750 words), Essay
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Equity and Trusts
But, Victoria was allowed to live in the house till growing up their children3. Additionally, Victoria was liable to pay the household bills and was also assigned with the task of house maintenance after David left Victoria and the house. In this context, it can be affirmed that Victoria has been residing in the house for a long time period. Respectively, Victoria has certain rights over the estate of David in accordance with the Law of Property Act 1925 under section 1304;5.In the provided
Pages: 6 (1500 words), Essay
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European Court of Justice
Elimination of part time and full time discrimination and many more authorities have been issued which directly strengthen women equality to men (European Network of Legal Experts in the Field of Gender Equality, 2013). No doubt women have also struggled for their rights and equality but efforts of Gabrielle Defrenne provided legal implementation to their regime. This paper examines gender equality doctrine under ruling of the case “Defrenne v. Sabena (1976) E. 455” as Article 119 of Treaty
Pages: 12 (3000 words), Essay
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Briefly outline the court system in England and Wales, and in particular the role of the Crown Court
The Ecclesiastical courts are based on the Church of England’s legal system, which is the official state church. The court has jurisdiction over marriage and divorce matters, defamation and testamentary matters. The jurisdiction of the court has however narrowed down to the clergy men of the Church of England.These are subordinate local courts established to hear mainly criminal cases and some civil matters at the first instance. These courts are staffed by both lay magistrates known as the
Pages: 5 (1250 words), Essay
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