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Articles by LawTeacher
EU Judgments on the Real Seat Approach to the Domicile of Companies
Essay. Published: February 2, 2018
How Far Have The Judgments Of The European Court Of Justice In The Cases Of C-212/97 Centros, C-208/00 Uberseering And C-167/01 Inspire Art And Later Cases Undermined The Power Of Member States To Apply The “Real Seat” Approach To The Domicile Of Companies?…
European Court of Justice
Essay. Published: February 2, 2018
From the early years of the European Community as seen in Costa v ENEL [1964] ECR 585, where the European Court of Justice (ECJ) said that……
Overview of the Doctrine of Self Defence
Essay. Published: February 2, 2018
On September 11, 2001, the United States was attacked. Hijackers turned passenger planes into missiles and used them to destroy the World Trade ……
The Two UN Covenants on Human Rights
Essay. Published: February 2, 2018
INTRODUCTION Universal Declaration of Human Rights(UDHR) was adopted on 10th of December 1948 by General Assembly resolution 217(III).it includes ……
Judicial Protection of Prisoners Rights
Essay. Published: February 2, 2018
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,…
International Refugee Law
Essay. Published: February 2, 2018
The problems of mass exodus of refugees and their influx into a nation have put international refugee law at a crossroads time and again….
The Principles of Supremacy
Essay. Published: February 2, 2018
The principle of direct effect was created by the ECJ in the revolutionary case of Van Gend en Loos. Effectively it confers direct effect on EC law……
Domestic Implementation of International Law in India
Essay. Published: February 2, 2018
Austin called international law ‘positive international morality’. According to Austin, law is the command of the sovereign, and the……
Research Proposal: Role of International Commercial Arbitration
Essay. Published: February 2, 2018
REFLECTIVE RESEARCH DIARY The following is an account of the researcher’s reflections on the above research proposal. This serves as a detailed ……
Issues With the European Arrest Warrant
Essay. Published: February 2, 2018
Introduction This thesis shall be focusing on the European Arrest Warrant and some issues that arise when using this legal tool for extraditing ……
South Buckinghamshire DC v. Porter: Planning Law
Essay. Published: February 2, 2018
South Bucks caused a stir within legal writing seems because of its external result rather than the internal legal argumentation that informed the result….
Infliction of Emotional Distress
Essay. Published: February 2, 2018
The first thing that may give rise to the tort is an act or omission which results in a wrong on another. Emotional distress caused by an act or omission can be classified as a wrong in some cases….
Legal Issues Pertaining to Space Tourism and Its Future in India
Essay. Published: February 2, 2018
Space tourism has been identified as: any commercial activity offering customers direct or ……
Critically Assess the impact of Human Rights Act, 1998 on English Law
Essay. Published: February 2, 2018
Human Rights were formed for the protection of the fundamental civil and political liberties in societies, committed to the rule of law. The European Convention……
Adoptees Should Have the Right to View Their Adoption Records
Essay. Published: February 2, 2018
In all of us there is a hunger, marrow deep, to know our heritage, to know who we are and where we have come from. Without this enriching knowledge, there……
Analysis of an Ethical Dilemma
Essay. Published: February 2, 2018
This essay analysis an ethical dilemma in relation to professional, ethical and legal issues it raises and its international perspective ……
United Nations Peacekeeping Role in Rwanda
Essay. Published: February 2, 2018
Rwanda is the most shameful example of recent failure by the international community (House of Commons, 1998/99: v). Under the peacekeeping ……
Private Nuisance
Essay. Published: February 2, 2018
Private nuisance is an ancient wrong designed as an action between neighbouring landowners to protect a persons interest in land from being adversely effected by the activities of his neighbour….
Confession is an Admission By a Person Charged
Essay. Published: February 2, 2018
In legal parlance, a confession is defined as “a criminal suspect’s acknowledgment of guilt, usually in writing and often ……
Environmental Law and Awareness of the Environment
Essay. Published: February 2, 2018
Environmental law and awareness of the environment is widely assumed by todays society as pretty much extinct during Anglo-Saxon times. This asks ……
Legal Aid – Access to Justice in the UK
Essay. Published: February 2, 2018
Legal aid funds advice to help people understand their legal obligations and if necessary enforce their legal rights. It protects people’s rights……
The Structure of the Defence [Of Loss of Control]
Essay. Published: February 2, 2018
The coroner and justice act 2009 has received royal assent on November 2009. The old common law based provocation has always been the subject of criticism and proposals ……
Can Restorative Justice Provide Alternative Criminology?
Essay. Published: February 2, 2018
Restorative Justice is a process to “make things as right as possible” which includes: attending to needs created by the offense such as safety and repair of injuries to relationships and physical damage resulting from the offense; and attending to needs related to the cause of the offense…
Does Prison Work? Arguments For and Against Prisons
Essay. Published: February 2, 2018
Effectiveness of prisons is a hot debate topic but it’s not easy to say whether prisons are effective or not. Studies have definitely revealed that high incarceration have lead to low crimes in countries like Australia, England, New Zealand and United states but at the same time critics have argued that high incarceration rate have inflicted upon high crime rates in England and United States…
Penology and the Ethics of Punishment
Essay. Published: February 2, 2018
Deontological moral systems are characterized by a focus on obedience to independent moral rules or duties. In order to make correct moral choices, one hash to understand what his or her moral duties…
Should UK Go for the New Homicide Law of 20th Century?
Essay. Published: February 2, 2018
The current Law of Homicide has been subject to relentless criticisms among the concerned ones. Many scholars find this Act severely superannuated…….
Discussion of Classical and Biological Criminology Theories
Essay. Published: February 2, 2018
The purpose of this essay is to discusses two of the most major theories of criminology: classical and biological. It will then analyze each of the theories and their main assumptions and comparing and contrasting their approaches to crime….
Equity Had to Supplement the Common Law
Essay. Published: February 2, 2018
The concept of equity derived in order to balance fair results in some individual circumstances. In the past there were some strict decisions in ……
There Are Two Ways to Create an Express Trust
Essay. Published: February 2, 2018
There are two ways to create en express trust; these are declaration of self as a trustee and the transfer of property to trustees. For an express……
Evidence Leaves the Matter in Doubt
Essay. Published: February 2, 2018
The burden of proof (onus probandi) can be defined as a legal duty upon a party to prove or disprove a disputed fact or facts during the course of ……
Jury Law System
Essay. Published: February 2, 2018
Jury Law System – The issues, which are being discussed The historic decline of trial by Jury is to be welcomed….
Awakening from China to Peru?
Essay. Published: February 2, 2018
McPhail v Doulton is not only a case that presents many challenges for criticism but also a case that has a significant position in English Equity…
To What Extent Does the Current Law Allow a Householder to Use Fatal Force Against an Intruder and Is the Current Approach Satisfactory?
Essay. Published: February 2, 2018
The doctrine of self-defence is a general defence which is considered to have been ‘an appropriate course of action in the circumstances in which he found himself'[1] carried out in the aim of reducing the risk of the individual becoming a victim of violence[2]….
Industrial Relations in Ireland
Essay. Published: February 2, 2018
Industrial relation became increasingly popular over the past number of years with the increase of financial prosperity in nearly all industries….
Corruption of Probation and Parole Officers
Essay. Published: February 2, 2018
A There are ethnical guidelines for probation and parole officers who are provided by the American correctional association code as well as by their own ethics code….
Liability for Stress at Work
Essay. Published: February 2, 2018
The most recent development in the field of employment-based personal injury claims concerns stress-related conditions. The issue has ……
Interpretation of the Industrial Dispute Act
Essay. Published: February 2, 2018
A controversy or dispute is a matter of opinion over which parties actively disagree, argue, or debate. Controversies can range in size from ……
Employee Status and Applying Common Law
Essay. Published: February 2, 2018
Employee status is a perennially contentious feature of employment law. The workforce is ever more complex and, although employees ……
Protection Afforded by the Common Law to Employees Against Stress
Essay. Published: February 2, 2018
At common law, an employer owes an employee certain duties that arise from an employment relationship. One of them is health and safety at work….
The Protected Characteristic of Religion or Belief
Essay. Published: February 2, 2018
Religious discrimination is more complicated than other forms of discrimination because it is intrinsically linked to racial, ethnic and cultural discrimination…
Payment and Promotion Discrimination at Wal-Mart
Essay. Published: February 2, 2018
In this respect, it is possible to refer to the experience of Wal-Mart, which faces the problem of payment and promotion discrimination of female employees (Trevor, 2005). In actuality, the discrimination of female employees tends to disappear but, nonetheless, the problem of discrimination persists, including such large companies as Wal-Mart. …
The Existence of an Employment Contract
Essay. Published: February 2, 2018
Employment law is fundamentally a contractual relationship, heavily influence by EC law. It concerns a relationship between employee and ……
An Employee or Independent Contractor
Essay. Published: February 2, 2018
Is Guinevere an employee? What is the nature of the relationship between Guinevere and Magic Computers? Is Guinevere an employee or independent ……
Categorization of Employment Status in UK Law
Essay. Published: February 2, 2018
Employee, worker and self employed persons should enjoy different legal status as the kind of work done by each category of persons is different ……
Both the Actus Reus and the Mens Rea Will Have to Be Proven
Essay. Published: February 2, 2018
As with any criminal offence there has to be two parts to the crime, the Actus Reus and the Mens Rea. The Actus Reus is all the elements of a……
What Constitutes Murder has Changed Overtime
Essay. Published: February 2, 2018
What constitutes murder has changed overtime. The scope of the law of murder is still a matter of controversy and opinions of legislative, executive and judicial branch are divided….