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Law Essay

The Doctrine Of Judicial Precedent
The jury presiding over the Spencer, v. R. (1981) (McCluskey, 2011, p. 9) in the criminal division would not abide by earlier decisions. It is essential to remember that decisions made by High Courts and in the High Court bind all other inferior courts without exception. However, a decision by one High Court does not bind other Courts at the same level (VANCE, 1890, p. 21). The same divisions do not bind both criminal and civil divisions. Nonetheless, decisions in the divisional courts
Pages: 7 (1750 words), Essay
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THE ECHR AS A LIVING INSTRUMENT
The Court noted that in the ‘great majority’ of member States of the Council of Europe, judicial corporal punishment was not used7 and therefore held that judicial corporeal punishment amounted to a degrading punishment in breach of Article 3.Since, the decision in Tyrer the living instrument rule has permitted the Strasbourg Court to depart from the doctrine of precedents and follow a ‘dynamic and evolutive’ approach8 to extend the provisions of the Constitution in accordance with
Pages: 10 (2500 words), Essay
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The Role of Women as Shown through Marriage Law
Marriage laws within this code are very specific regarding the rights of the woman being almost equal to the rights of the man. For example, the bride’s family had to agree to the marriage by accepting the bride-price from the groom’s family. That the girl was a valued member of society is indicated in that this bride-price, along with a dowry provided by her family, went with her into her new marriage and remained her property for life. Underscoring the value of the bride to her family
Pages: 5 (1250 words), Essay
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The Case of Augusto Pinochet
From 1973 to 1976, Pinochet crushed the liberal opposition by jailing more than 130,000 people. More than 3,000 people disappeared during that period of political turmoil; most of them were killed by death squads. At this time a huge amount of Chileans left the country in order to live in exile. 
Pages: 50 (12500 words), Essay
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Transition From in Rem to in Personam Dimensions of Property
Intellectual property right is considered a real right because an author of a book has the exclusive right to the creation. Anyone can be excluded from copying it during the existence of the copyright. Property serves as a baseline for exchange wherein the owner can vindicate his legal claim.Jeremy Bentham, the founder of modern utilitarianism, emphasizes more on the functional aspect of property. Property secures the expectation and future advantages that could be derived from the thing.
Pages: 7 (1750 words), Essay
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The Function of Employment Law
It was held further that the first question that the Tribunal was required to ask was ‘for what reason did the respondents dismiss the claimant? Then they required asking: was that reason a reason relating to his conduct?’ The courts have approached these questions by reference to the three-tier test enunciated in the case of Burchell v British Home Stores.
Pages: 21 (5250 words), Essay
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The Reasons of Gaining Jurisdiction by ICTY over Slobodan Milosevic Trial
The crimes were alleged to have occurred in Kosovo, Croatia, and Bosnia and Herzegovina between the between the years 1991 and 1999. The main accusations consisted of widespread killing, removing non-Serbs from territories of Kosovo, Croatia, and Bosnia, detention of civilians, deportation or forcible transfer of civilians and torture
Pages: 5 (1250 words), Essay
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The Difference between Statutory and Common Law Offences
Moreover, a principle of common law known as precedent or stare decisis means to stand by what has been decided. Justifying this principle is simply to be consistent and certain in the law. When a person knows what has already been decided she will know the way she will be treated and knowing other persons that follow will be treated the same.This principle was recognized in 1966 when the House of Lords announced its powers to depart from earlier authorities. Lord Denning clearly ascertained
Pages: 7 (1750 words), Essay
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The European Union Law Overview
The Council of Ministers has been accorded the status of the principal legislative body by the Treaties of the EU. Its importance stems from the fact that it constitutes the final decision making authority. In the process of making policies, the Council relies on other institutions for assistance and direction3.The EU is a novel political institution, consisting of intergovernmental elements in some issues, supranational elements in administrative matters and transnational elements in most
Pages: 12 (3000 words), Essay
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The Constitutional Convention of the Separation of Powers in the UK
Montesquieu asserts the necessity for separation of powers as follows “again, there is no liberty if the power of judging is not separated from the legislative and the executive ”. However, the fusion of the Executive and Legislative has undermined the democratic ideal of separation.
Pages: 8 (2000 words), Essay
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The Role of Soft Law in Contemporary International Law-Making:Customary Law and Treaties
The review of the most important legally recognized approaches in the Western states with a skeptical examination of basic strategies has been implemented by a different investigator during many years.
Pages: 15 (3750 words), Essay
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Types of Crimes
The main reason is that some of the poor residents are forced to resort to criminal activities to feed their hungry stomachs as well as their family’s hunger needs. A person receiving more than enough take-home pay to feed one’s family has lesser intensions of robbing a person walking across the street compared to a jobless person who is hooked on drugs.
Pages: 8 (2000 words), Essay
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Tort Law
In addition, some rules have been criticized as they complicate the law and develop uncertainty. In the case of nuisance, the authorizer of the nuisance for example the landowner can be sued in cases he or she had foreseen that the way of using the land would constitute a nuisance. In case of children, they may be considered to be under someone’s control and he or she would be sued instead of the children.Lord Goff stated that the creator of nuisance should always be sued. The creator
Pages: 6 (1500 words), Essay
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The Devolution Scheme in the United Kingdom
Any suggestion to change the role of the Secretary of State for Wales must put into consideration that the process is still new. If individuals Secretaries of the State are created in the cabinet, this will force the devolution scheme to be scrapped of and a federal system of government will be introduced in which individual secretaries of the states exist
Pages: 6 (1500 words), Essay
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Trial by jury has no place in modern Britain Critically examine and analyse this statement
Jury is an English word which comes from the word juror which means somebody who has taken oath. The word originated from France with its original name being jurer. Historians cannot, for a fact, verify that the jury system existed in England prior to the 1100’s. However, it is well known that the right to trial by jury can be traced back to Magna Carta. It was also known as The Great Charter of the Liberties of England. This was
Pages: 12 (3000 words), Essay
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The American Constitution
It is a question (in other words) on the presence of God, it supports to the intelligence and logic. It is because the institute and supporters of the theory reveal it as evidence based theory rather than a religious critique (or religious based) (Idea center).In the legal hearing which was heard in 1987 and well known as Edwards v. Aguillard (1987) which bared teaching of creation science in public schools. It was a decision which was taken by the Supreme Courts of United States. The creation
Pages: 3 (750 words), Essay
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To what extent is it justifiable to deviate from fundamental principles of criminal law by creating driving offences of strict liability, in the interests of maintaining road safety?
These are considered thematic legal arguments because they seem to raise issues that could be given different legal interpretations, an analysis of which can lead to a successful conclusion on the justification of deviating from principles of criminal law by creating driving offences of strict liability in the interest of maintaining road safety. These thematic legal arguments have thus been discussed as follows.The theme of deviating from fundamental principles of criminal law can best be
Pages: 11 (2750 words), Essay
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Trial Observation/ Business Law
More evidence was brought into the lawsuit, for instance letters to the defendant. My assumption was that the prosecutor used them to confirm defendant’ residence at the time. Included were photographs showing the defendant’s shoes together with the table having the items on it, on the night of the raid. Eventually, the prosecutor questioned the witness if there was something unusual about the picture and if he could identify the shoes of the fateful day. He claimed that the only thing he
Pages: 5 (1250 words), Essay
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The Saudi Arbitration Law 1983
In case No 10/1416, between Danish and Saudi companies, it was claimed by the plaintiff that the Saudi company purchased medicines without paying. The case was rejected by the Commercial Department due to the presence of an arbitral agreement. The claimant raised an appeal on the ground that the respondent did not initially request for arbitration in the first hearing.
Pages: 24 (6000 words), Essay
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The Function of Homeland Security
In the year 2012, after the occurrence of Atlantic hurricane, FEMA and DHS were prepared to support and provide recovery to the states and local members under the direction of President Barack Obama. During this Hurricane Season, FEMA worked quite effectively with its Federal partners and local as well as state officials.
Pages: 11 (2750 words), Essay
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