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Law Essay

Law a Profession towards Criminal Trial Process
The common lawyer’s innate respect for existing institutions and his appreciation of the subtleties of the status quo not only made novelty in the early years of entering into the criminology but also it particularizes the concept of jurisdiction in the early years of reform, as an object of suspicion.
Pages: 11 (2750 words), Essay
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Critically examine and assess the importance in the subsequent develepment of judicial review of the O'Reilly v Mackman case
The O’Reilly case also established that if the nature of the claim that is being made is that the public body acted ultra vires or outside the scope of its statutory powers, then this is a matter for judicial review. The ultra vires doctrine is based on the principle that all legal duties are created by Parliament4 therefore the judicial function extends to the scope of controlling of exercise of such statutory powers. However Elliot5 highlights the conflict between ultra vires theory and
Pages: 6 (1500 words), Essay
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Contract: The Agreement or Rejection of the Agreement
In cases of either unilateral mistakes or bilateral mistakes relating to the breach of material facts the contract can be repudiated. Even the affected parties can claim for the recovery of their losses due to the unfair terms of the contract. A contract can be repudiated if it is made by a person of unsound mind and the parties can be restored to the status quo.
Pages: 6 (1500 words), Essay
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Inequality of bargaining power in the music industry
Atiyah argues, even during the zenith of the will theory of contract, equality in bargaining power of the parties entering into a contract was nothing more than an elaborate fiction.9 Vertrone also points out how the proliferation of sites such as Napster and Kazaa which promote illegal downloading of music without payment of consideration only results in a further ripping-off of artists10. However, the mere existence of an inequality cannot be a basis to vitiate contracts, rather a contract
Pages: 8 (2000 words), Essay
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Disability and Justice
Another important model that describes the problems of disabled people is the social model. This model defines disability as an externally instituted defect and social constraint and considers impairment to be an abnormality of the body or mind that could become the focus of methodical alienation within society.
Pages: 14 (3500 words), Essay
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Public Funding Governance and Passthrough Efficiency in Large UK Charities
The big change was supposed to be about public benefit. For religious, poverty and educational charities it has been assumed that they delivered public benefit unless the contrary was proven. Hence this covered independent schools and hospitals and all religious groups from churches to sects.
Pages: 4 (1000 words), Essay
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The Democratic Function of the Jury
The US Constitution indorses The Democratic Function of the Jury by providing for the right to a fair trial by an impartial jury. It can be argued, however, the developments in the jury selection process over the years which permit both sides to select a jury which is likely to render a favourable verdict undermines the concept of impartiality.  
Pages: 4 (1000 words), Essay
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Unfair Terms in a Contract Act 1977
The act does not have a definition for ‘Business’ but provides that business includes ‘a profession and the activities of any government department or local or public authority’(Furmston, 2007, 232). As stated previously UCTA does not cover every type of contract, the excluded types are located in Schedule 1 of UCTA.
Pages: 7 (1750 words), Essay
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Australian Criminal Justice System and Access to Justice
In 1901 a federal system of government was established under the Australian constitution. The power was thereafter distributed between the States and the federal government. There was a definite definition of exclusive power which was vested in the federal government hence enabled to legislate on matters to do with taxation, commerce and trade.
Pages: 10 (2500 words), Essay
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Youth Justice in the UK
While most people in the UK, drink within safety limits, but unfortunately the youth are not so serious about this. Though alcohol is a “disinhibitor”, yet it is undoubtedly linked to crime. Alcohol serves to relieve people from depression, vulnerability and low- self esteem and gives them courage to do many things of which crime is a major factor. In social circles, alcohol intake helps people who are shy and withdrawn, to open up and give expression to their thoughts and ideas, but if not
Pages: 7 (1750 words), Essay
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Allegiance as the Basis of the British Nationality and Immigration Laws
It is evidently clear from the discussion that from the early seventeenth century to the 1940s, British citizenship did not exist because individuals were tied to the United Kingdom by way of their allegiance to the Crown and that the rights and duties associated with British citizenship today flowed from a citizen’s allegiance to the Queen.
Pages: 4 (1000 words), Essay
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Why do police officers, who are meant to abide by the rules, [sometimes] bend and break them (Punch, 2009:199)
The reason for corruption in the police department is the less visibility of the actions of the police officers. Goldstein states that ‘under the best of circumstances, police agencies have several peculiar characteristics that make them especially difficult to administer. Police officers are spread out in the field, not subject to direct supervision’ (Goldstein 1990:6). 
Pages: 5 (1250 words), Essay
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Psychobiography Essay
All these murders took place in Dahmer’s grandmother’s basement that remained oblivious of these undertakings.Jeffrey Dahmer’s pace of murder accelerated in 1991 when he started killing one man per week. The most famous incident was that which involved Konerak Sinthasomphone, a 14 year old Laotian’s near escape. The police returned the boy to the smooth talking, confident and calm blond Jeffrey Dahmer believing the incident to being a lover’s quarrel and as a result sending
Pages: 10 (2000 words), Essay
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Theory, Principle, and Torts In a Case Study Scenario
Of course, it is not practical that one nurse should have had to deal with a woman who was a bit unstable as Ms. However, that was no excuse to leave the woman’s home, leaving her basically helpless, while she (the new nurse, Allison) went to lunch and expected someone else (a neighbour) to take care of poor Ms. In any case, based upon the moral model, Ms. Symond was done an utter injustice. In principle, everyone who can be blamed for her negligence should be sued with every last stripe
Pages: 6 (1500 words), Essay
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Tort. Causation and remoteness of damage.
As Martin (2014) has said, courts say that an individual’s negligence act is too remote from a claimant’s injury if the accused party would not reasonably foresee it taking place. According to Rouse et al (2011) the concept of legal causation revolves around the fact that if no reasonable party can foresee an impeding injury, and therefore act to avert it, then the accused party cannot be liable for the resulting injury.In the case of Barnett v Chelsea & Kensington Hospital Management
Pages: 9 (2250 words), Essay
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Tempering Justice With Mercy
After the discussion in this section, one of the contexts will be adopted and used in the remaining parts of the paper.From a legal perspective, Murphy has explained that mercy must not be mistaken for excuse, justification and forgiveness.4 This is because mercy is applicable only in cases when a person is truly considered guilty of a crime. In a more civil and legal basis therefore, mercy can be said to be a virtue that is applied on guilty individuals to ensure that an exercise of punishment
Pages: 20 (5000 words), Essay
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Europe vs. America: different approaches to privacy
On the other hand, the European Union relies upon comprehensive legislation, which, for instance, requires the formation of government agencies for protection of data, databases registration with such agencies as well as at times earlier approval before the beginning of personal data processing. It is quite easy for companies that operate within the current information economy to gather, store as well as transfer private data through electronic communication. This makes it most likely for these
Pages: 10 (2500 words), Essay
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Political Concept of Property
For example, in a country dictated by communism, a property is only owned by the state or the government. As such, individuals do not have the right to own any property as their own. Similarly a capitalist government allows and encourages private ownership of land so as to promote optimum productivity. The main idea here is that governments seek to provide producers with an incentive to be more productive by allowing to own their lands and earn more thus paying higher taxes. Hence, property or
Pages: 5 (1250 words), Essay
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Separation of Powers Within the United Kingdom Constitution
The executive and legislature have great connections in an exercise of their powers. According to Bagehot (1867), that relationship is the “efficient secret of the English Constitution.” Overlaps are evident as seen when ministers sit in parliament and perform legislative functions, and the executive tends to control MPs to vote in a certain way.
Pages: 4 (1000 words), Essay
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The Function Of Employment Law and Policy
The Mackay doctrine permits employers to hire permanent replacement workers for strikers (Hatton, 2011, p. 97). However, the United States also maintains that its laws guarantee the right of association and the right to strike and that the ‘Mackay doctrine’ must not violate the right to strike (Compa & Diamond, 1996, p.35).
Pages: 6 (1500 words), Essay
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