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Law Essay

The retributivist and utilitarian theories for justification of criminal punishment.
In retributivism, neither the future conduct of the offender nor the future impact on society are significant in determining punishment (Yacoubian, 1998) Hagan describes it quite appropriately as society’s equivalent for the individual’s revenge. In the pre-modern age, a person wronged by a crime is entitled to seek vengeance to right the wrong done to him. Modern legal theory assumes this role for the individual, and takes the crime to be an offense not only against the individual but
Pages: 6 (1500 words), Essay
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Take-Home Essay
Delaware law emphasizes the need to have independent directors serving in corporate boards so as to safeguard shareholder’s interests by protecting the integrity of corporate governance.Conflict of interest does not have to lead to loyalty breach. It is the way in which a director handles the corporation’s affairs that will determine whether or not his conduct led to a breach in loyalty duty. The Delaware fiduciary law lays out some of the situations in which duty of loyalty may be
Pages: 4 (1000 words), Essay
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Trade Law Exercise: Dirty play, but by whom? VdB, p.612
However, for most given circumstances the WTO regime places emphasis on nation states representing the problems of businesses registered within their domains. The WTO regime is not answerable for or accountable for the actions of individual businesses no matter where they operate. However, it must be kept in mind that pricing mechanisms are generally settled by individual businesses and not nation states so there is little option available to nation states to control the prices of foreign
Pages: 9 (2250 words), Essay
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There are many pitfalls that must be avoided if an international organisation is to successfully harmonise any area of international commercial law. Fortunately, international organisations have become much more adept at ensuring that these pitfalls ar
This classification brings information about the diversity of sources of international business commandment. The pitfalls of this categorization are the importance of condition -made law and the sustenance of solid law necessities. It means a convinced chain of command of worldwide trade law rules which protects international convention and compulsory nationwide rules over contractual conditions and business.Some of the disadvantages and advantages of harmonization include the following. First
Pages: 20 (5000 words), Essay
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There is no need to have laws which regulate immigration into the UK.Consider whether you agree with the above statement, presenting arguments and evidence for your position.
The reason is that immigration laws work well for the stability of the population of a country and it helps in reducing the citizens’ unsatisfaction that comes from the antagonism towards the immigrants. Many citizens of UK believe that the major concern is that when immigrants come to their country, they snatch jobs from the native people. In actual, that’s not the real situation. The major concern is of illegal immigration. The Nationality Act and Immigration limits the number of work
Pages: 10 (2500 words), Essay
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The development of institutional investors, and their growing dominance as owners of modern corporations, has had a deep impact on corporate governance structures worldwide. Critically discuss the above statement in the light of the ongoing debate on the
It generally assumes the inevitability that ownership and control are separate in public corporations, where management which exercises control over operations acts as agents of the owners or shareholders. Agency problems tend to arise from two sources: (1) the differences in the goals and preferences among the stakeholders; and (2) the lack of perfect information among stakeholders about each other’s knowledge, actions, and preferences. Corporate governance consists of the set of structures
Pages: 15 (3750 words), Essay
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The witness beneficiary rule in S.15 of the Wills Act 1837 is outdated and in need of reform.Discuss this statement with reference to relevant academic and judicial comment
Be totally null and void, and such a person so attesting shall be admitted as a witness, to prove the execution of such will, or to demonstrate the invalidity or validity thereof, regardless such legacy, device, interest, estate, gift or appointment that has been mentioned in such will1.The provision above is therefore clearly derelict of the consideration of the circumstances that may impede the exaction of the Witness Beneficiary Rule in s. To the effect of the above, solution to the
Pages: 8 (2000 words), Essay
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The Constitutional Court of South Africa's handling of 'the right to adequate water', particularly in the Mazibuko judgment (2009) appears to be at variance with UN jurisprudence. Present a dissenting opinion to that judgment.
Part of the applicants’ legal group also was the Legal Studies Centre of the Witwatersrand University together with other human rights groups (Kidd 2011, p. Finally, the matter arose at first out of the organising attempts of the Coalition Against Water Privatisation, an SA social association that worked together with COHRE and CALS such that the lawsuit effort was pursued together with social mobilisation so as to build a vital support base and advocacy for understanding of the right to
Pages: 7 (1750 words), Essay
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The public interest requires a balance between the need for intellectual property rights and the need for effective competition". Explain this proposition in relation to one form of intellectual property right and discuss whether the law strikes t
It will also dwell on components of the competition law, which include antitrust covering the largest part of intellectual property rights, as well as exemption rules within the same law. In addition, dominance and cartels shall be discussed, which shall include the implications of having these aspects and how they affect the industry and consumers (Zimmer, 2012). To cement the position of the law of intellectual property rights certain cases that have been deliberated on shall be used to serve
Pages: 18 (4500 words), Essay
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To what extent does the codification of the duties owed by directors within the Companies Act 2006 demonstrate a move towards recognising the importance of enlightened shareholder value in the context of modern company law?
These provided a recommendation on the clear recital of a director’s skill, duty of care and fiduciary duties owed to their companies based on statutes.The Companies Act of 2006 came into actualization with the aim of bringing to effect significant changes in the corporate governance of companies, with particular emphasis on the duties that directors owe to their institutions. This Act was focused on codifying the duties of directors to reflect the position taken by common law. This Act was
Pages: 24 (6000 words), Essay
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The Court of Justice has adopted an appropriately nuanced approach to both Article 30 TFEU and Article 110 TFEU which strikes the right balance between ensuring the free movement of goods and respecting the autonomy of Member States. Critically dis
For example, the restrictions referring to limitations on imports in regard to goods of specific characteristics a Member state could be controlled by the CJ using the article 36, and not the article 30 TFEU (Suibhne 2013, p. On the other hand, when no clear legal rules exist in regard to a critical issue related to EU law, then the article 30 TFEU can be used, as an alternative, for helping to secure the free movement of goods without causing conflicts with national law (Horspool and Humphreys
Pages: 10 (2500 words), Essay
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Tort advocacy skeleton argument
The plaintiff on his side used inflammatory statement while referring to the defendant thus “I was not going to let some grumpy farmer spoil my plans” (“grumpy farmer”). The other issue involves the kind of material the defendant used on his farm for agricultural productivity. The plaintiff asserts the issue on air pollution while at the time he was purchasing the land; he knew that the land was originally used for agricultural purposes. The plaintiff was at liberty to change plans on
Pages: 4 (1000 words), Essay
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The English Legal System
This process can start in either house. This process generally consists of five stages, such as first reading, second reading, committee stage, report stage and third reading. These stages have different characteristics and activities. In the first reading, the title of the bill is stated. In the second reading, the aims and objectives of the bill are outlines. In the committee stage, a board of between 16 and 50 MPs have been developed in order to analyze the proposed and written bill1. In the
Pages: 10 (2500 words), Essay
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The welfare principle is out-dated and limited. It needs reform. Discuss
He or she has suffered; f) the capacity of each of his or her parents or guardian to meet the child’s needs, and; g) the authority of the court to determine the issue as provided by the Act. Despite the seemingly elaborate response by parliament to cater to the unique needs of children, the welfare principle is arguably out-dated and needs urgent reform2.The welfare principle is inefficient under the CA 1989, since it contradicts more recent complimentary laws such as the Human Rights Act
Pages: 8 (2000 words), Essay
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The rule in Salomon v Salomon & Co [1897] AC 22 has been described as one of the corner stones of English Company Law. Discuss the rationale and impact of the decision on company law.
The principle has enshrined depictions in section 124 in Corporations Act. The judiciary has consistent reaffirmations of the need of treating the legal doctrine with few exceptions. Subsequent Australian and English decisions of the court uphold the Salomon principle. Since Salomons case had the decision, the entire separation of company and members is rather evident. The ruling stands the test of time even with few exceptions (Routledge. 2010, p 352).In theory, the application of the
Pages: 10 (2500 words), Essay
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The Law of the European Union
As pointed out by some scholars, the preliminary ruling procedure indicates that the CJEU constitutes a superior authority, with regard to the interpretation of EU law. Moreover, this superior authority is distinct from the authority of the national courts.The activities of international organisations, such as the United Nations (UN) and the Council of Europe, rely upon international treaties. On the other hand, EU law incorporates the principles of direct effect and supremacy. This is a
Pages: 12 (3000 words), Essay
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The Challenge of Education ( Syrian refugee )
Syrian parents whose children use bus as the means of transportation still fear on the safety of their children because of the fighting in the streets and are too scared to send their children to school (Rogers 1992).In the year 2014 January, IOM initiated assistance in transportation of school children which is being funded by Bureau of Population, Refugees and Migration of the U. Department of State, it is expected that the program should continue until September 2014. At least for now 975
Pages: 4 (1000 words), Essay
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Total War
One main characteristic of total wars as executed by small armed groups and national armies is that they are properly planned. An ICRC (2011) report shows that individuals who wage total wars against enemies and non-combatant civilians plan their actions in advance just the same way nations and standing armies plan theirs. Stentiford (2002) observed that during the Second World War, the Allied Forces and Axis military both planned specifically to attack non-combatant civilians; the same way
Pages: 7 (1750 words), Essay
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Tiebout new
When a divorce case is filed in a jurisdiction that is distinct from where the marriage took place, it is the moral responsibility of the courts to determine if the divorcing couples have met all the legal jurisdictional requirements for the couples to stay in the new locality.Inferring to the case of Harman and Wanda, the couples having moved to the United Kingdom from Michigan and having met all the jurisdictional requirements of the country are presumed to be members of the United Kingdome.
Pages: 4 (1000 words), Essay
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Theory and practice of human rights
The 1993 Vienna World Conference on Human Rights1, for example, noted that it is the duty of States to promote and protect all human rights and fundamental freedoms, regardless of their political, economic and cultural systems. It provides in its preamble that;“Emphasizing the responsibilities of all States, in conformity with the Charter of the United Nations, to develop and encourage respect for human rights and fundamental freedoms for all, without distinction as to race, sex, language or
Pages: 10 (2500 words), Essay
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