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Free Law Essays:

Civil Justice - Free Essay

Have the Woolf reforms to the civil justice system been an unmitigated success?

Excerpt: ' Some statistics show that personal injury cases as an example have been greatly reduced whereas the insurance industry claim that the average costs of personal injury claims has increased. Parties have hailed the reforms as a success nevertheless. Those that were asked responded and appeared to favour the clear framework provided by the pre-action protocol. The rules enable parties to identify key issues at an earlier stage and to have access to earlier disclosure and information.'

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Mistake Law - Free Essay

Critically Evaluate the Defences of Mistake and Intoxication

Excerpt: 'To be fair, however, if this analysis is extended to many other categories of so-called defence - for example, provocation, duress and diminished responsibility - the same criticism might be levelled.'

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European Union Law Essay - Free Essay

[...]The UK government has recently become increasingly sceptical in its attitude towards the European Union. [...]

Excerpt: 'It is wholly possible for the UK to enforce legislation in opposition to the directive under the principle of parliamentary sovereignty; however the reality is far different as seen in the Factortame Case where legislation in opposition to EU law was changed and brought in line with EU legislation. Therefore the power to legislate against an EU directive is only applicable in theory.'

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Piracy and Cyber Law - Free Essay

Does the internet facilitate or hinder control of the crime of piracy?

Excerpt: 'Finally the sheer power of the internet in its global reach, convenience of use and transmission of perfect quality copies, make it the most threatening addition to copyright infringement tools, thereby rendering it a clear hindrance to control of the crime of piracy. It is also worth noting that this hindrance will only increase as the sophistication of the information highway will one day facilitate more widespread downloading of full DVDs.'

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Discrimination in Employment - Free Essay

[..]The employer in this scenario is likely to face litigation for discrimination. The question particularly explores issues of sex, age, race and disability discrimination, legislation for which is provided by a number of statutory sources and supplemented by European directives.[...]

Excerpt: 'The tribunal may award a declaration, compensation or a recommendation if it considers it 'just and equitable' to do so (RRA s.56; SDA s.65). Compensation is uncapped and is available for actual and future losses as well as injury to feelings. Whilst Ken is responsible for the majority of the potential claims, GBH will be vicariously liable for his discriminatory actions if they are deemed to be performed in the course of his employment (SDA s.41; RRA s.32). This will afford the individuals two routes to compensation in the tribunal.'

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Equity and Trusts - Free Essay

"Equity administers individual justice and this is reflected in its standards based approach to adjudication whereas common law administers universal justice and this is reflected in its reliance on rules". Evaluate this statement in relation to the nature and purpose of modern Equity.

Excerpt: ' Equity has a very important role because it is flexible, unlike common-law, due to its historically discretionary basis and creativity. Therefore it is able to fill the voids within the English law in a more efficient manner than the common-law, which is based on years of precedent; whereby if equity never became involved in the law of property and proprietary interest then it would not be satisfying the needs of justice.'

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Insolvency Law - Free Essay

Promoting the 'rescue culture' has become an all important feature of Government policy towards insolvency law. However, this is without adequate consideration being given to the extent to which the moratoria available in both CVAs and Administrations may harm the pre-existing contractual rights of creditors. Discuss

Excerpt: 'They can also influence its outcome and ensure that secured creditors are not put at risk in any way. However, under these changes, creditors will not be able to enforce action for an initial period of 28 days. The government has an intention to introduce legislation to provide for a moratorium to be part of the company voluntary arrangement procedure which was missing from C V As before.'

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Land Law - Free Essay

Critically assess the impact this provision has had on the law relating to land, including land occupied by houses, in England and Wales since the passage of the Human Rights Act 1998.

Excerpt: 'In conclusion, it can be seen from the latest case that Qazi is now established to date as the precedent in relation to the balance between human rights and property rights, and it is clear that the human rights specified in Article 8 do not result in additional rights in property over those already established in domestic law, as stated by Lord Scott in Qazi 16, Article 8 does not vest in the home-occupier any contractual or proprietary right which he would not otherwise have. Qazi has excluded the 'test of proportionality' introduced by Porter 17 and applied in case law following Porter. It is submitted, however, that whether following authorities follow Qazi, as what happened in Price 18, remains to be seen, and the debate about the role of the ECHR in the context of domestic property law will continue.'

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International Law - Free Essay

In 2004 the International Court of Justice gave an Advisory Opinion in Legal Consequences of the construction of a wall in the occupied Palestinian territory, will the court's opinion make a difference?

Excerpt: 'The political element in international law will forever be a burden upon its legitimacy and its strength. However, White has stated that the fact that we have undoubtedly moved into a situation in which politics dominates does not mean that we cannot step back from the edge of lawlessness.'

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Pilot Survey - Free Essay

Design and Implement a Questionnaire For A Pilot Survey

Excerpt: 'The pilot questionnaire obtained far more information than originally anticipated since many lines of questioning opened underlying demographic, social and economical factors that influenced eventual career moves. Information on shortfalls was largely forthcoming due to student passion on the topic but was hindered by lack of easy use of the questionnaire and some instances of irrelevance.'

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Equity and Trusts Law - Free Essay

Advise Alan's executors and trustees, Patty and Selma, As to the validity of these dispositions.

Excerpt: 'There can be said to be certainty of object as the trust benefits a particular legal person, .the dog. There is however not certainty of subject matter If the gift were to fail on this point then a resulting trust in favour of the donor will ensue, so it is likely that the court will see this as being definitive enough and all the future benefit to be determined by the trustee. It is suggested that the way the law will deal with an incidence where the settlor has successfully completed a trust but yet still leaves a surplus of undisposed property is by way of resulting trust. The law will return the surplus to the donor or his estate under a resulting trust because equity abhors a beneficial vacuum.'

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Property Law - Free Essay

Advise Sharx plc of the action it can take against Jo.

Excerpt: 'As we have seen there are a number of remedies available for Stark Ltd in the present situation. We are told that on the facts Stark and Jo created a legal mortgage, and plainly this provides better protection to Stark as mortgagee. Under a legal mortgage Stark has a number of rights whereas under an equitable mortgage any remedy is subject to the court's discretion. Having advised Stark as to their different remedies, it remains for them to decide which remedy which be most beneficial or most worthy of pursuing in the present situation.'

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Common Law - Free Essay

Outline and critically evaluate doctors statutory and common law powers to treat mentally disordered patients without their consent. Explain the effect of the Human Right Act 1998 on this area.

Excerpt: 'In a world repulsed by eugenics and the fear of cloning we still treat mental health patients as less than equal and this must be stopped otherwise the fears that the human genome project bring may cause the eradication of difference and deviation from the norm. The greatest fear is that the Human Genome Project will create inequalities in society; hence creating a society which is contrary to fundamental human rights theory and law. The first main problem is whether enhancing individuals will erode the essence of the individual?.'

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Immigration Law - Free Essay

Discuss the treatment of "marriages of convenience" in immigration law

Excerpt: 'British National Criminal Intelligence Service, An-Nisa Society, Anti-Slavery International, Anti-Trafficking Programme, Apna Ghar, Asylum Aid, Belgrave Baheno, Enfield Saheli, Institute of Race Relations are some Government and Non Government organizations who are fighting these evils. Immigration has been a hot topic during the election campaign and in the last few years a number of people have been convicted in connection with bogus wedding scams linked to illegal immigration..'

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Common Law - Free Essay

Is the law relating to admissibility of evidence obtained by entrapment in a satisfactory state now?

Excerpt: 'Right to legal advice (all detainees must be informed that they may at anytime consult and communicate privately with a solicitor); Right to at least two light meals and one main meal should be offered in any 24hr period (Drinks should be provided at meal times and upon reasonable request between meals. Paragraph 11.15 expressly states that a juvenile or person who is mentally disordered or vulnerable must not be interviewed regarding their involvement or suspected involvement in a criminal offence in the absence of an appropriate adult. Paragraph 1.4 of Code C which states that If an officer has any suspicion, or is told in good faith, that a person of any age may be mentally disordered or otherwise mentally vulnerable, in the absence of clear evidence to dispel that suspicion, the person shall be treated as such for the purpose of this code'

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Acceptance Theory and Mutual Manifestation of Assent - Free Essay

Compare and contrast traditional offer and acceptance theory with the theory of mutual manifestation of assent. With the view to having a coherent theory of agreement, which theory is preferable and why or in what circumstances.

Excerpt: 'While trying to verify the existence of a contract, the first logical step is to examine the fulfillment of all the requirements related with its validity. The application of the theory of mutual manifestation of assent should be a priority and in case that this theory was proved as not applicable, the use of the offer and acceptance theory could - as a last available choice - justify the involvement of the parties in an agreement.'

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Immanuel Kant Essay #2 - Free Essay

"It is one thing ... To tolerate vice so long as it is inoffensive, and quite another to give it a legal right not only to exist, but to assert itself in the face of the world as an 'experiment in living' as good as another, and entitled to the same protection from law."

Excerpt: 'However this is not to say that we should concur with his view, as it is true that many of the laws in society find there basis in morality, but not since the enactment of the Human Rights Acts, at the deprivation of liberty. It is therefore concluded that the answer lies somewhere between the two theories and that whilst some vices find their status in law and also receive protection from the law, ultimately it is only those which society as a whole are willing to accept.'

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Immanuel Kant - Free Essay

"It is one thing ... To tolerate vice so long as it is inoffensive, and quite another to give it a legal right not only to exist, but to assert itself in the face of the world as an 'experiment in living' as good as another, and entitled to the same protection from law."

Excerpt: ' To wear a bicycle helmet, whilst it may be unfashionable and look stupid, may prevent bicyclists' harm. I will wear a bicycle helmet for many of the same reasons I will not smoke. We must therefore only tolerate vice so long as it is not immoral. If we accept this rule then we will not passing off another's act as our own and we are living a moral life according to Kant's categorical imperative.'

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Judicial Review - Free Essay

[...] Answer with reference to general principles of administrative law and relevant, illustrative cases.

Excerpt: 'From the above mentioned we could come to the conclusion that the right of 'private life' is not limited to a particular aspect of person's life. It may be found associated with a variety of human activities depending on the social position and the culture of the specific person.'

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European Law - Free Essay

European Communities Essay

Excerpt: 'Erosion of intellectual property rights would allow inventions, designs and other intellectual property to be copied, without the expense of the investment of development time. This is of particular relevance to pharmaceutical products, which are extremely costly to develop as a result of the necessary clinical trials. They can however be cheaply copied.'

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