This essay was produced by one of our professional writers as a learning aid to help you with your studies Example Law Essay Critically evaluate protections to minority shareholders and their effectiveness in protecting the smaller shareholders from the unfair dominance of the Majority. Date authored: 12 th July, 2014 Abstract In order to adequately … Read More
This essay was produced by one of our professional writers as a learning aid to help you with your studies Example Law Essay Part A In the UK, trademarks are filed and protected on a first-come first-served basis. In this case, therefore, the Canadian All Reds have registered a trademark in the UK and this … Read More
This essay was produced by one of our professional writers as a learning aid to help you with your studies Example Law Essay Homicide law should be reformed as it is inappropriate for someone to be held liable for murder if they did not intend to kill. To what extent do you agree with this … Read More
This essay was produced by one of our professional writers as a learning aid to help you with your studies Example Law Essay “In view of a justification defence to both direct and indirect discrimination, the law will continue to do little to prevent age discrimination” Critically evaluate this statement as a reflection of … Read More
This essay was produced by one of our professional writers as a learning aid to help you with your studies Example Law Essay – The declaration of theory of law Introduction The declaratory theory of law is quite simply that judges do not make or create the law, the merely declare what the law is … Read More
This essay was produced by one of our professional writers as a learning aid to help you with your studies Status of the UN Security Council The International court of justice held that ”it is for non-member states to act in accordance (sic) with those decisions (of the UN security council)” ( Namibia Opinion (1971) … Read More
The purpose of this essay will be to explore the function of the jury and its role within the Criminal Justice System. The proposition in the essay will be to advance that trial by jury is not the appropriate means of determining a certain class of criminal case, namely complex trials for example fraud cases … Read More
They are certain key decisions that people who are being prosecuted have to make. One of the most important is how you plead. A plea is formal statement made on behalf of an accused person or made by the accused in court in response to the charge made against him (Martin, 2003). A plea can … Read More
The aim of this essay is to examine the quotation made by Lord Woolf CJ with regards to certainty and flexibility within the doctrine of judicial precedent; it is important to consider the principles of judicial precedent that facilitate certainty and flexibility within the law and also the principles that cause weakness. The importance of … Read More
A justice system should be founded upon the principle that the system is accessible to all persons. The existence of an efficient system is undoubtedly central to development. Access to justice concerns independence, impartiality and fairness of judges, legal literacy and aid, pro-poor laws and civil participation in legal and judicial reform. Access to justice … Read More
‘The jury system is often described as “the jewel in the Crown” or “the corner-stone” of the British criminal justice system. It is a hallowed institution which, because of its ancient origin and involvement of 12 randomly selected lay people in the criminal process, commands much public confidence.’ Lord Justice Auld (1999) Review of the … Read More
On the issue of whether we should want more women judges I agree with Baroness Hale’s opinion, presented in her paper: ‘Equality and the Judiciary: Why Should We Want More Women Judges?’ that we should want more women judges. I will argue this viewpoint by analysing how women judges can bring about positive changes in … Read More
Introduction The idea of Separation of Powers suggests that governance of the State should not fall solely under one organ of the State which could be identified as the Executive, Legislature and Judiciary. Aristotle in his Politics submitted this theory but the most famous version was being suggested by Montesquieu in ‘De L’Espirit des Lois’. … Read More
It is argued that the doctrine of Parliament supremacy practised strictly by adhering to the concept that Parliament does not use its sovereign power instituted by the legislature, in an oppressive and tyrannical way . In the absence of a written constitution it is possible for the legislature to use its powers in an unauthorized … Read More
precedent Introduction This essay seeks to illustrate the role that ‘Common law’ and ‘Case law’ has played in the development of UK health and safety statute. The author will seek to explain the origins of Common law, its application and its interrelationship with statute law, in terms of statutory interpretation and the doctrine of judicial … Read More
Where you visited and when; Southwark Crown Court was my chosen court and I decided to choose the Old Bailey for one to compare anything that I hade doubts over mainly because it was the most famous and I had always heard the most high profile cases end up there. Although I chose Southwark Crown … Read More
Separation of powers is when the state is divided into three different governmental bodies (legislature, executive and judiciary); and all three bodies have separate and independent powers and areas of responsibility. The effect of separation of powers, is removing the amount of power in any groups hands, so in essence it makes it difficult for … Read More
1) Why Are Rules Of Interpretation Required By The Courts? Both drafting and interpreting the law are complex and challenging tasks. The Renton Committee criticised the fact that ‘drafters of legislation tended to adopt a stylised archaic legalism in their language and employed a grammatical structure that was too complex and convoluted to be clear…’ … Read More
This question is about the doctrine of judicial precedent. Judicial precedent also called case law. ‘It is the system adopted by judges where the judges follow previous decisions.’1It simply means that the previous decision made by judges in similar cases are binding upon future cases depending on the hierarchy of the court. Therefore, under judicial … Read More
“Prerogative Powers Remain An Important Element Of The United Kingdom’s Constitution. Should They Be Subject To Greater Parliamentary And Judicial Scrutiny?” Discuss. Prerogative powers have widely been accepted to be one of the many sources of the British constitution. As times have changed so to has the way in which prerogative powers are exercised. Within … Read More
Parliament Has An Important Role To Play In Creation Of Legislation it depends on the quality of the end product, the Act of Parliament Effectiveness thus means quality legislation. Acts of Parliament should be clear, comprehensible, coherent, and consistent with existing Acts or policies; the text of the Act should correspond with its policy objectives; … Read More
celebration? Introduction & Background Ancient Judiciary and even society is well acquainted with the term Lawyer. In short we can define Lawyer as ‘The Officer of the Court’ the wise person with whom his client can establish ‘Fiduciary Relations’. The ambit into which working of Lawyer is restricted is only Court. Other than Court matters … Read More
In response to the question I will address the said clients separately and advise on the most effective and appropriate solution for each client. Client a) The situation that Beverley Town Football Club have encountered raises the issue of a possible application for judicial review and in turn a suitable remedy. It is clear from … Read More
Why, If At All, Do We Need A More Diverse Judiciary? The Judiciary (also known as judicature) is made up of the various courts in a country that interprets and applies the law created by the sovereign body, which in the United Kingdom is Parliament. The apex of this court system in the UK as … Read More
The term judicial process refers to the rules of procedural law that consists of both hearing and determining cases in criminal proceedings, civil lawsuits or administrative proceedings by constitutional courts. In case of civil or criminal offences, the subjects often find it prudent to settle the matter in a court and the process of listening … Read More
The judicial system follows British practice, with some local variations. Cases may be brought in the first instance before a lay magistrate (justice of the peace), a magistrate, or a judge in the Supreme Court, according to the seriousness of the offense or the amount of property involved. The Supreme Court also has appellate jurisdiction. … Read More
Professor John Langbein talks about adversarial and non-adversarial systems of justice in ‘Why Adversary Justice fails’. An adversarial system of justice is one in which two parties contest to arrive at a conclusion decided by the judge or jury, based on the arguments presented by the parties, on behalf of their clients. The leading examples … Read More
Jury system is the ultimate trial. The supreme decision of our justice system. The last conclusion of right or wrong. This system has existed for almost 800 years. Jury system first start in England. Over the years the system of jury applied to most of the country in the world. A jury is a group … Read More
Is The Original Jurisdiction Of The Supeme Court Necessary? Why? Introduction The Supreme Court has original, appellate and advisory jurisdiction. Its exclusive original jurisdiction extends to any dispute between the Government of India and one or more States or between the Government of India and any State or States on one side and one or … Read More
1. INTRODUCTION Judiciary is one of the pivotal organs amongst the three organs of the State- viz. legislature, executive and judiciary. Judiciary is looked upon by the common people of the country as their saviour, the custodian of fundamental rights, as saviour of their hopes and aspirations. Unlike the other two organs, people expect a … Read More
I. Introduction Our founding fathers entrusted to Parliament the power to legislate, and thus determine policy for the realisation of the egalitarian goals as set out in the Constitution. In order to aid in the ‘glory and majesty of its task’ the Indian Parliament like its English counterpart is vested with “powers, privileges and immunities” … Read More
1. Introduction The issue of prisoners’ rights has recently taken to the headlines of our national newspapers once again, the focus this time on the matter of overcrowding. Mr. Justice Michael Reilly, of the Irish Prisons Inspectorate, published his annual report on the Irish prison estate and concluded that procedure inside the prison walls resulted … Read More
guidance in future cases. Precedent is based upon the principle of stare decisis et non quieta movere, more commonly referred to as ‘stare decisis’, meaning to “stand by decided matters”. A binding precedent is where previous decisions must be followed. This can sometimes lead to unjust decisions, which I will address when talking about the … Read More
Introduction This essay will argue that judicial creativity is the basis of judges’ practice of the common law (‘judge made law’) and also has an influence on enforcing positive law enacted by Parliament. Furthermore, it will be argued that this is not a discretionary misuse of power, but a basic function of the courts as … Read More
Ltd on the 23rd of March 2003. The judgement represents a subtle emphasis on the relationship between the disclosure of trust documents and the shift in precedents set by previous case law. Namely, in relation to confidentiality, disclosure and individuals who may have benefits under discretionary trusts or those who are objects of mere powers. … Read More
over-ruling, criticising and explaining hundreds of decisions extending over a century before arriving at an obvious principle of liability for negligence.” [2] This is how John O’Connor blandly epitomises the precedential decision made in Donoghue v. Stevenson [3] in his article in The Irish Jurist. However tasteless this description may seem I am inclined to believe that this perfectly … Read More
Part A This essay will outline all the ways in which Hartand Dworkin would reconcile the decision in Chester v Afshar with their theories, simultaneously offering a critique of both the theories. Chester v Afshar in context of Harts theory There is a general consensus on the pre-eminence of Harts positivist theories; built on the … Read More
Compare And Contrast The Effectiveness Of Parliamentar And Judicial Law Making Each country has its own laws. The law in England and Wales have developed gradually over the time. There are two main sources that create law; Parliamentary and Judicial. Judges are independent from Parliament and both play important part in our legal system. In … Read More
other than Parliament. Parliament, through an Act of Parliament, can permit another person or body to make legislation. An Act of Parliament creates the framework of a particular law and tends only to contain an outline of the purpose of the Act. By Parliament giving authority for legislation to be delegated it enables other persons … Read More
validly created or not. So it is almost settled law that an express trust should be consist of the following characteristics; Certainty of intention, Certainty of subject matter and Certainty of object Although these are established rules but sometimes courts adopt variety of different approaches to prove the certainty in an uncertain way. Now we … Read More
According to the case given by the question, we would like to discuss about whether a high court judge are bound to follow the decision made by the judge of Court of Appeal when they are having the similar material facts. As a High Court judge, Mr Justice Peter is bound to follow the decision … Read More
effectively… to what extent does it fulfill its role? The Crown Prosecution Service (CPS) was recommended in the Royal Commission on Criminal Procedure’s Report published in 1981, and was created by virtue of section 1 of the Prosecution of Offences Act 1985. The role of the CPS is to objectively assess police investigations and to prosecute cases … Read More
Citizen & State. Judicial Review This problem question necessitates a discussion surrounding the area of Administrative Law in particular Judicial Review. In order to properly advise Electrucs4u as to the grounds they may have for challenging the decision made by the SBQAA by way of judicial review, one must first establish what judicial review is, … Read More
react and go about their daily lives based on their assumptions of what other people will do. Thus, when a court is asked to judge a person’s conduct on a particular occasion it may become pertinent to question the person’s conduct. [1] Character evidence plays an important role in almost all jurisdictions. The character of persons … Read More
victim” provides a defence to charges under the Offences Against the Person Act 1861, at best, is arbitrary and inconsistent and, at worst, displays judicial prejudice. Principled statutory reform is urgently required. The Offences against the Person Act 1861 has been for a long period now, a very much debatable Act of the Criminal Law. … Read More
actual trial in which the judge concludes the trial. In many cases judges reject a interlocutory appeal due to the fact that the appeal requires the defendants to wait until the whole trial has been concluded by the judge as it allows the defendants to arise any decisions made by the judge. This also means … Read More
allows people to resolve their disputes out side of the court in a comprehensive and cooperative way. ADR is an approach that is quick, less stressful, and cheaper than going to court. ADR processes refer to a variety of action that can help parties resolve their disputes. The ADR processes include mediation, arbitration, neutral evaluation, … Read More
Role And Functions Of The Experts In Adversarial Legal System Experts have their own battle and concept of ideas in the arena of court proceedings. All of them have with familiarity, knowledge, understanding and skills to provide a great attack in the court proceedings (Freckelton, 2005 and Schwartz, 2005). Experts are appointed in to two … Read More
Outline The Fundamental Essentials Of An Action Based On Judicial Review. Introduction Judicial review can also be expressed as a challenge to the public body in ways judgements are reached, as (Taylor, 2008) comments that ‘Judicial review allows the individual to directly challenge at least some of the decision-making powers of the state’. This simply … Read More
individual liberty and normative goals are practiced. Should the aim of law be primarily focused on the protection of individual liberty or, instead, the normative goals aimed at the good of civil society? The laws in any society should not only be focused on normative goals it should also protect individual liberty. From the perspective … Read More
