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Law Outline

Standard Practices of the Magistrate Court
Should there not be an identifiable pattern to guilty pleas, the data provided by this research should be able to point future researchers in the right direction.Before beginning any observation or gathering of data, it was vital to gain a firm understanding of who the “players” of the courtroom are, and what the general expectations are of observers. As outlined by Morgan and Russel, there are two kinds of Magistrates: lay and stipended. Lay Magistrates are unpaid for their services,
Pages: 7 (1750 words), Outline
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To what extent is parliamentary supremacy merely a way of saying that judges recognise Parliaments right to enact any law it wishes, rather than anything more constitutionally significant
In Edinburgh & Dalkeith Railway Co V Wauchope the defendant claimed that the Railway Act made by parliament should not be applied by the judge in the case because it had inherent deficiencies that could mar justice4. In his ruling, the Judge stated, that:“All that the Court of Justice can look to is the parliament roll: they see that an Act has passed both Houses of Parliament and that it has received royal assent and no court of justice can inquire into the manner in which it was introduced
Pages: 6 (1500 words), Outline
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What is the difference between trafficking and smuggling Illustrate you answer by way of a case study on trafficking or smuggling
This is because trafficking involves the violation of the rights of the individual victimized. In other words, the person trafficked has had their rights violated because they have been made victims of exploitation and coercion7, therefore the State has the duty to treat the trafficked person as a crime victim and a violation of human rights.Smuggling is always commercial9. In other words, the relationship existing between the migrant and the smuggler ends immediately after the migrant has
Pages: 4 (1000 words), Outline
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Critically analyse the protection provided by the Equality Act 2010 to those persons who are prevented from expressing their religion or belief by dress codes and uniform rules
Belief means a philosophical or religious belief. At the particular religion that any person believes in is their protected right. People who share a protected characteristic are people of the same religion.Nicholson was fired by Grainger Plc, his employer. He stated that this was done because of his belief in climate change. This, he argued, was a philosophical belief that was under the Employment equality regulations (religion and belief). Grainger plc argued that if belief in climate change
Pages: 4 (1000 words), Outline
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'The courts have been able to exercise a powerful influence over the content of the employment contract by the use of implied terms.' Critically assess the validity of this statement in the light of recent case law
These implied terms create obligation on both parties in the contract. (Implied Terms for Employers: www.Terms may be implied in the contract of employment in three ways: firstly, by a custom that well known by the parties (Hutton v Warren 1836). The second way is by law ((Liverpool City Council v Irwin 1977) where the law seeks to prtect the weaker party and lastly by fact ( The Moorcock, 1889), that is, parties had intention and consented to them and deemed as ‘obvious without saying’.
Pages: 4 (1000 words), Outline
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Legalisation of Sex Work
The Dutch Penal Code also ceased to treat prostitution by adult males or females as a crime following the landmark 2000 change. This applies provided the sex worker consents to the transaction. This implies that it is legal for a person to operate a prostitution business, as long as it involves consenting adults aged 18 and above.The current legislative piece 273f CC9 deems certain elements of sex work criminal. These include violence or threat of aggression, coercion, deception, and abuse of
Pages: 3 (750 words), Outline
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Public Law
The detention power without seeking trial is one of the legislation that breaches the human rights as granted. Further, rule of law pursues the different forms of equality within legal legislation against the equitable subjection among classes of ordinary law from land administration by ordinary law courts.Irrespective of the lack of well-established definitions, the judiciary and administration are directed by the rule of law. There are elements that are appreciated to be sufficient in
Pages: 11 (2750 words), Outline
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Critical analysis of market access with regard to the ECJ rules on free movement of goods
A methodological brief of the study will also be delivered in this section wherein the rationalisation will be provided concerning the selection of the literature. To be stated precisely, literature published within the span of past 10 years will be considered for the study, although this bar of the mentioned period will be ignored when referring to cases. That is, cases must be relevant to free trade of goods in EU and be registered under ECJ to be considered for this study even though it is
Pages: 4 (1000 words), Outline
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