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Law Essay

'Corporate structures and governance arrangements vary widely from country to country...[b]ut the underlying issues of managerial accountability are the same everywhere' (Hampel Report 1998, pp. 17-18). Discuss. In so doing, explain the extent t
This research essay will analyse in detail how the managerial accountability remain the same under corporate governance across various jurisdictions with particular emphasis to the USA , UK and Germany.Stanton (1997) refers Rosenfield finding on accountability as “the reasonable holding of one to be liable for personal decisions or to make a rejoinder to a charge where justiability is being ushered by an authority affiliation between the individuals concerned. From two perspectives, the
Pages: 10 (2500 words), Essay
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Equity and Trusts
These claims are mostly caused by disputed transfers upon the death of the owner of the property in question. There are numerous steps or stages into which proprietary estoppel may be divided, more so regarding the causes of these estoppels. Foremost, a party or an individual may represent or assure the other that he/she intends to transfer the ownership of a property without any legal effects or proofs. In addition, a person may promise that he/she may transfer a property such as land or any
Pages: 9 (2250 words), Essay
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Terrorism and anti-terrorism laws
Like World War II and Cold War, Canada got involved in the War on Terror too. And like the previous conflicts, this conflict too called for certain specific and special arrangements.Terrorism has its peculiar dynamics. Since it is not direct warfare and even terrorist states enjoy diplomatic immunity in the modern society, it may prove to be more dangerous in the sense of psychological effect. And in the case terrorists use nuclear, chemical, or biological weapon, situation can be worse than
Pages: 5 (1250 words), Essay
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Crime is a symptom of wider malaise. Critically analyse this statement from the perspective of positivism AND one other criminological theory
To the reasons for crime, such as poverty, drug and alcohol abuse, violence at home, mental disturbances, emotional stress, lack of Mostly, Criminal activities are happen because of emotional stress and mental motivation. ‘Crime is a symptom of wider malaise’, I would agree with this statement because malaise is a stage of mental depression, “a feeling of unease or depression” (Malaise 2012).A state of discomfort or stress leads to criminal activities generally. This could be treated
Pages: 12 (3000 words), Essay
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Exxon Valdez Oil Spill
The cleanup process was undertaken by the Alyeska and their activities had been initiative within 45 minutes of the notification of the spillage (Skinner & Reilly, 5-12).The most important concern considered was the spillage to be stopped from spreading in the sea. The National Oceanic and Atmospheric Administration (NOAA) had taken charge of identifying the areas that were more vulnerable to the effects of the oil spillage. Moreover protection measures were considered for the safety of
Pages: 4 (1000 words), Essay
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To what extend do reverse burdens whittle down the rule in Woolmington v DPP
Speaking, the prosecution bears the burden of proving all the elements in the offence necessary to establish guilt.7 Specifically, the prosecution must prove that the defendant committed the act constituting the offense (actus reus) and had the “requisite state of mind” (mens rea).The common law rule was stated by Lord Sankey in Woolmington v DPP. In the case, the defendant was convicted of murdering his wife as a result of shooting. The defendant argued that the gun was discharged
Pages: 12 (3000 words), Essay
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Discuss the ability of private individuals to seek damage for breaches of EU competition law
The role of European Commission in making the EU competition law very efficient on the private enforcements would be discussed. European Commission attained this aim by issuing the Green Paper in 2005, which was followed by the White Paper in 2008.The Courage5 verdict by the European Court of Justice (ECJ), brought more in focus the right of private individuals to fight for losses as an outcome of violations of EC competition rules, (specifically losses caused from breaches of Art 101 and Art
Pages: 15 (3750 words), Essay
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Criminal law will never be an adequate response for dealing with the complexities of gendered, sexualised and racialised violence. Critically discuss
At times, the special statutes tackle certain types of violence such as torture and dowry violence. This form of legislation supplements penal codes, basic law, thus offering for a more focussed regulatory control. However, in most cases, there gaps in special laws and penal codes, and this results in the inadequacies, and inefficiencies in the criminal justice system. It is important to note that the laws are not in place and thus, they are supposed to be reformed, expanded, and revised4.Due
Pages: 6 (1500 words), Essay
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Criminal procedure
The criminal justice system is therefore expected to have rapid response to identify, apprehend, convict and punish perpetuator (Braswell, McCarthy & McCarthy, 2011, p.The due process model is concerned with the justice and on the process how it is achieved. In other words, in this model there is equal treatment on giving protection of the innocent and employing punishment of the guilty (Braswell, McCarthy & McCarthy, 2011, p. In either way, there is fair treatment on these two cases as the
Pages: 4 (1000 words), Essay
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Legal Regulation of Iraqi Oil and Gas in the light of principles of Sustainable Development in International Law:
To examine the constitutional provisions to see how international law principles of SD are reflected in them and how that also bears on the resource sharing between the Iraqi federal government and the Kurdistan region? Does the latter aspect have anything to do with the permanent sovereignty over natural resources? To assess the relevant provisions of the bilateral investment treaties (BITs), regional investment treaties or any multilateral investment treaties and the international oil and gas
Pages: 4 (1000 words), Essay
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Policing and Penal Services Essay
Prisons serve this essential function in the society as well.This essay will attempt to shed a light on the present prison services, their current state, the methodologies which are used, and their competency and provide further alternatives and recommendations to increase their performance and capabilities. It will also comment on education and how it can play a role in rehabilitation of prisoners.Deter Specifically: Also known as incapacitation, the idea behind specific deterrence is to
Pages: 8 (2000 words), Essay
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The ruling by the European Court of Justice (now the Court of Justice of the European Union) in the case of Semen v Deutsche Tamoil GmbH (C-348/07) means that a Principal in the UK will never choose indemnity on the termination of a commercial agenc
The court as in Cooper and others v Pure Fishing (UK) Ltd [2004] EWCA 375 held that during the calculations of the indemnity to be awarded to the agent, there was dire need to factor in all the losses that the agent would encounter. Although these are wide and varied as established in Crane v Sky In-House Services Ltd [2007] EWHC 66, they are important in ensuring that justice is served and the respective indemnity is reflective of all the losses that the agent incurs5. This preposition is
Pages: 6 (1500 words), Essay
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Legal research
That is, at European level, of consensus was present regarding the status and nature of the embryo and foetus; although it could be considered universal ground between countries that the foetus/embryo belonged to humanity. Its capacity to become a human being needed protection in terms of human dignity, devoid of making it an individual with the liberty of life for reasons of Article 21. Moreover, all the nine adjudicators who joined the like-minded and dissenting views felt the issue of
Pages: 8 (2000 words), Essay
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Product Liability and Intentional Tort
Under the theory of negligence, the manufacturer of the paper shredding machine is not liable for Chase’s injuries since there was no negligence on the manufacturer’s part or failure to remove foreseeable risk of injury to the machine’s user (Buttrick, Alberts and Thornburg, 2011:1382). In this case, the injuries incurred were as a result of negligence by the user arising from failure to read and adhere to the manufacturer’s instructions. However, the machine’s manufacturer can be
Pages: 4 (1000 words), Essay
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Assignment Brief: Assignment Question for Human Right:- 1)It acknowledges that the national authorities enjoy a wide margin of appreciation in matters of morals, particularly in an area such as the present which touches on matters of belief conce
This is the cases when it comes to article 9 of the European Convention on Human Rights which states that every person has a freedom of thought, conscience and religion. This includes the right to change religion alone or as a community and he/she can either do it privately or publicly. It also continues to say that the freedom to manifest one’s religion or beliefs shall be subject to such limitations as are prescribed by the law in the interest of public safety.In the case of Open Door and
Pages: 10 (2500 words), Essay
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Equity and Trust
Of the House of Lords in Grey v IRC, we can deduce that the purview of Section 53 (1) (c) extends to the disposition of interests in personality, not just land. The subject matter of transfer in the case was shares. Section 53 (1) (c) of the Law of Property Act, 1925 does not apply in the following instances:If the beneficiaries contract to assign the interests, then this is deemed not to be a disposition and Section 53 (1) (c) would therefore be inapplicable. In Oughtred v IRC, there were
Pages: 4 (1000 words), Essay
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Critically assess the role that alternative dispute resolution plays in the English civil justice system
By the end of the decade of the 1980s alternative dispute resolution institutions began to form and gain currency in the UK. By the 1990s, alternative dispute resolution was perceived as an important solution to the evolving litigious culture which created delays, inordinate costs and created a significant problem for ordinary citizens to gain access to civil litigation.According to Stipanowich over the last two or more decades, there has been a consistent effort on the part of lawyers, the
Pages: 9 (2250 words), Essay
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Find and read the Court of Justice judgment in case C-356/05, which is a case about motor car insurance
Was meant to fill the void in the mandatory insurance policy for passenger vehicles in a particular member States and the fortification of that especially susceptible class of probable casualties.The Court of Justice thus assured that there should no restriction by the member States based on the term “passenger” and that further inclusion of restrictions on the mandatory insurance cover in relation to passengers must not exist. Besides, this limiting advance cannot be vindicated by a
Pages: 7 (1750 words), Essay
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Human rights violation of north korean refugees
As a result, many North Koreans have resorted to defection. The preferred nation of defection for these refugees has been China mostly due to geographical reasons with North Korea being bordered by China and Russia to its north and South Korea to its south4. About 90% of its border is shared with China. China has tolerated some of these refugees to a certain extent, however, these refugees are primarily considered as nuisances, especially as these refugees often engage in problematic
Pages: 4 (1000 words), Essay
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Discussion essays
Regulations thus become essential as a policy option, because together with providing the rights, they also allocate certain duties to the citizen. Along with this, regulations become handy in attaining some specific targets or to make certain services available to the citizens. According to Swisher, The policy formed to reduce carbon and fossil fuel emission stand as a model in this scenario; which measures that the macroeconomic models comply with the evaluation with respect to its impact on
Pages: 5 (1250 words), Essay
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