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Law Essay

Criminal Justice Law
Finally, the very concept of “Arrestable Offences” disappeared on enactment of the Serious Organised Crime and Police Act 2005 which came into effect from 1st January 2006. The focus now changed to whether arrest is "necessary" in the sense of being under pressure of circumstance or physical or moral compulsion 4 to arrest the relevant person. The change from a statute based decision to arrest or not, to a decision involving discretion on the part of the person making the arrest has serious
Pages: 8 (2000 words), Essay
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Credential Fraud
Credential fraud is not only a modern problem plaguing businesses, instances of misrepresentation have been experienced since at least the 1970s. Research indicates that fraudulent employment activities involved degree forgery and the use of diploma mills on black markets. These mills offered the creation of official-looking degrees from major universities across the nation, costing, at the time, around $1500. In todays market, this would be valued at approximately $3200 (Slater, 2006). During
Pages: 10 (2500 words), Essay
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Case Study and Legal Drafting
The basis of this claim is founded on the principles enshrined in the tort of negligence rather than any contractual terms and is tantamount to not defence at all.Lord Woolf explained in the case of Swain v Hillman [2001] 1 All ER 91 ‘The words "no real prospect of succeeding" do not need amplification, they speak for themselves. The word "real" distinguishes fanciful prospects of success or, they direct the court to the need to see whether there is a "realistic" as opposed to a "fanciful"
Pages: 4 (1000 words), Essay
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Critically examine how the law on occupier's liability to injured trespassers has developed and the key issues to whichthe present law gives rise.
We also find that under the act, the occupier however has a right to restrict his liability by giving adequate warning such as about slippery floors. Here the occupier is not liable where the accident has occurred through the defective work of an independent contractor was competent and so far as he was able he had inspected the work done.The law on occupiers’ liability to an injured trespasser is usually classified under the law of tort according to the present law. Whereby tort is defined
Pages: 18 (4500 words), Essay
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Case study individual
In this Appeal was Cockburn v GIO Finance Ltd (No 2) (2001) 51 NSWLR 624, where the views of Mason P at 631 that the right to contribution depends on matters of substance not form were taken into consideration.(b) The ratio decidendi in this case was whether the entitlement to contribution arose out of common obligations or coordinate burdens and obligations created by the Deeds, since contribution depends on substance not form. The judges that no such obligation had arisen given the
Pages: 8 (2000 words), Essay
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Criminal Law (Retake) as the first was marked at an E4(Please comment on order 78186460)
The bottle that Stan threw at Helen caused a deep cut that required stitches. Thus the breaking of the skin requirement for unlawful wounding is clearly met. Grievous bodily harm may also be present since such a deep cut is arguably serious according to the plain meaning of the word, but this question does not need to be addressed since the holding in McCready requires that the charge be unlawful wounding under s.20 if a wound is present. Thus, the crime that Stan probably committed is
Pages: 5 (1250 words), Essay
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Capital Punishment
At the beginning of 2007, the numbers had not significantly changed; instead, the numbers are following the same pattern as it had for years.Despite all of the controversy and the rather stationary statistics, there have been fewer deaths by capital punishment, as well as more cases where the capital punishment was pardoned. It is unknown whether these pardons and lack of rulings have to do with the opinions of citizens, or for the fact that capital punishment had already been termed
Pages: 2 (500 words), Essay
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Common law assignment 1
Ltd, is worried that if Joiners-R-Us Ltd did not complete the carpentry work on time he will have to recompense Wiggin Council under that clause. Consequently on 15 October Viacomm Ltd wrote to Joiners-R-Us Ltd to offer them an additional sum to pay the joiners wages of £4000 provided Joiners-R-Us Ltd would have all the carpentry work completed before 15 November.On the basis of this letter Joiners-R-Us Ltd managed to persuade their staff to continue working which re-commenced on 18 October.
Pages: 8 (2000 words), Essay
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Constitutional Interpretations
Interpretation whose purpose is to provide this guarantee and prevent constitutional interpretation from becoming political in the policy making sense of the term.They consider it the original way of interpretation and look for guidance from makers if there is some ambiguity. According to this method constitution is interpreted in a traditional way of farmers. In this method it is determined that how farmer had thought and interpreted. For knowing the farmer’s way, different sources are used,
Pages: 5 (1250 words), Essay
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CRIMINAL LAW CASE STUDY (TOPIC ATTACHED)
The latter states that if an individual has the Mens rea to commit a specific offence against a particular person, and if that crime had been committed by that individual against some other person, then the Mens rea is transferred to the actual victim. This is borne out by the decision in R v Mitchell, wherein the accused had caused the death of an old woman, by striking an old man who fell on that old woman. The latter died subsequently, due to the complications that had arisen in her
Pages: 5 (1250 words), Essay
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Criminal procedure
All these exemptions allow the police to make a legal search on Tom’s vehicle. There was for example an initial consent, by the suspects, for the search. Further, the actual detection of a suspicious material in the car trunk was an instant event. The police can also argue that it was a stop and frisk exercise since the car driver behaved suspiciously in a deserted area. The law also allows the police to make searches on vehicles on transit. Based on these arguments, the court is likely to
Pages: 3 (750 words), Essay
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Crime and Punishment - Where Criminal Prosecutions Go Wrong
There are even cases where the police indicate which suspects in a line up during an identification parade should be selected by using suggestive methods hence contaminating eyewitness’s identification. This is pure negligence because they are of course trained on how to carry out investigations, why do they do otherwise? 
Pages: 7 (1750 words), Essay
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Child Witnesses and Its Negative Effects
This paper concentrates on the need to further protect child witnesses from the negative effects. This paper discusses the theory behind the provision of special measures for youth witnesses in criminal proceedings. Secondly, it analyzes developments in youth justice over time in legislation.
Pages: 8 (2000 words), Essay
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Constitutional conventions are not law but nevertheless play an important role in the UK constitution. Briefly define the nature of constitutional conventions and, with reference to examples examine their role in supporting a democracy, also summar
He based his argument on the doctrine of equity on breach of confidence.5 He used convectional fact to back his argument. Another example is the case Cartona v Commissioner of Works.The key reason as to why courts should not make use of the underlying constitution conventions to transform into law is because there exist no gap to cover, a case that seems hard appear so only when its focused on only constitutional law. According to Jennings, with the combination of conventions and constitutional
Pages: 6 (1500 words), Essay
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Corporate Social Responsibility in China and the Contemporary Business Environment
One of the reasons why this law has been slowly adopted is that it has a consequence on the corporate investment plans. The effort of the law to provide job security the employees have exposed major investors to high employee cost overheads (Cui, Ying and Jing, 2013).
Pages: 8 (2000 words), Essay
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CRI10001 CRIMINOLOGY: THEORY AND PRACTICE ESSAY GUIDELINES Semester 2, 2014 The purpose of this assignment is to allow you to apply your knowledge to a real-world case and to critically examine criminological theories. This essay has two (equally weight
The criminal activities taking place within the society, which is mainly witnessed amid the lower grade people with a poor mentality. From the above case, it is found that the crime has taken place in a road side area. Police however, suspects that there might be some involvement of the mafia gang who are expertise in this kind of activity as referred to in the case. The cultural deviance theory signifies that the upbringing or the family culture of a person can lead them towards the crime. The
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Crown Prosecution Service
The body is charged with guidance and leadership provision within a criminal justice system especially due to the radical changes the system may be undergoing. The organization maintains a mission statement that states its’ first and foremost priority5. It believes in delivering justice through the independent and effective prosecution of crime. It also fosters a culture of excellence through initiating support and fostering better results every time. The organization has some set of
Pages: 10 (2500 words), Essay
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Comparison Between Bahraini and Swiss Civil Law
Article 72 of the Bahraini Evidence Law states that every verdict that orders the evidence given by the witness shall indicate all facts that are ordered to prove. If this not followed, the verdict should be invalid. Such verdicts must have the date on which investigations will begin and the place and time at which it is to conduct. 
Pages: 12 (3000 words), Essay
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Criminal court process in United Kingdom
The police in the UK use a modern policing tool where they choose to working in conjunction with the community in deterring crime and ensuring order.The process of placing the arrested person at the custody is what is known as detention. Such detention must be for 24 hours. There ought to be review of such detention after the elapse of 6 hours and then subsequently after each 9 hours elapse. Failure to conduct such reviews renders a previously lawful arrest to be unlawful. This affirmation was
Pages: 10 (2500 words), Essay
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Community Reinvestment Act
This is just a fraction of the responsibilities of one organization formed in order to carry out the duties to protect and benefit the banking industries’ larger and smaller communities. There are many facets of performance evaluations that small, intermediate, large, wholesale, and institutions with strategic plans must perform.
Pages: 5 (1250 words), Essay
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