Common law Degree Essay

Common law Degree Essay

6 pages (1500 words)
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... Ltd Relevance in tort or negligence cases d Chain of causation. The element of chain of causation or direct link in negligence cases is present in the two subject cases involving Rareplants Ltd. For the elderly or disabled coach party member, his injuries were caused by the unsafe pathway. As a matter of fact, even if the pathway was made safe already, it would still have been the duty and responsibility of Rareplants Ltd. to have provided safety escorts or ushers to assist the clients in seemingly hazardous areas of the centre. It must be importantly noted, however, that Rareplants Ltd. undertook substantial steps to keep its place safe for the visiting public. In short, it exercised due diligence ...
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Civil and Criminal Punishments

Civil and Criminal Punishments

2 pages (500 words)
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... and Criminal Punishments Civil and Criminal Punishments Introduction In most common laws, actions are usually divided into two, namely, civil and criminal. States usually prosecute criminal actions and punish people charged with public offenses. Every other action that is not criminal is considered a civil action. Civil actions are legal actions taken to compel a civil remedy or to protect a private civil right. A civil action is any lawsuit that relates to civil matters, not criminal prosecutions. This essay will discuss the available consequences in civil actions, explaining in detail three types of remedies available in civil courts. The paper will also explain the differences between civil...
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LAW

LAW

9 pages (2250 words)
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... of the of the of the Q The EU law has supremacy over national legislation. This is the fundamental principle of the EU. Although the UK courts have recognised this fact, they find it an onerous task to rescind their traditional outlook, while respecting the EU law and interpreting it in the context of their national legislation. They are still on the horns of a constitutional dilemma. In general, the UK courts favour parliamentary supremacy over the EU law and often state that the traditional orthodoxy still remains without being affected by the UK’s membership of the EU. The spirit of European integration is chiefly based on the incorporation of EU law into national legislation by the domestic...
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Chapter 9 assignment

Chapter 9 assignment

1 pages (250 words)
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... May 23, Quebec Law on Illegal Contracts In Quebec, the Civil governs contract law, with its main elements derived from common law ("Unit Six: Contract Law", n.d.). Defective and illegal contracts under the Quebec Law covers a full range of absolute or relative nullities. There are two categories of rules, which may bring about the absolute or relative nullity of a contract. The first are those, which relate to the procedure of contract formation. The second are those, which concern public order, either statutory or based on general moral or social imperatives recognized by the courts. Under Quebec Civil Law, in case of illegal contracts, the court must order restitution between parties and that...
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Comparing United Kingdom Common Law and with France and United States Law

Comparing United Kingdom Common Law and with France and United States Law

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... United Kingdom Common Law and with France and United s’ Law al Affiliation Explanation of The Canadian Model From the Canadian Department of Justice (2015), the confederation of Canada constitutes of territories and provinces under only one criminal code and criminal law. In all the territories and provinces, a uniform federal law is governs matters of immigration and bankruptcy among others. Additionally, only Quebec is not governed by the British Common Law since it falls under the French-oriented Civil Law System. Like the United States, Canada’s top most courts is the Supreme Court of Canada responsible for declaring binding decisions that are only subject to the constitution and the parliamen...
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The Justice System
The Justice System
8 pages (2000 words)
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... Law Introduction The justice system is comprised of both the criminal and civil courts which act to remedy various wrongs in the society. Every wrong needs to be remedied in one way or another after a fair trial whereby facts, issues and evidence are considered to determine the truth of the matter. As such the criminal and civil courts act as the independent bodies that see to it that justice is achieved. They determine if the alleged wrong doer is actually guilty or not. If guilty, they determine the remedy or penalty that is attached to the wrong done. This generally helps in creating a peaceful society as the people are ensured of justice. Premised on this fact, disputes in a society are settled...
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In countries that do not have an Islamic Legal system, disputes related to Islamic financial transactions can lead to outcomes t
In countries that do not have an Islamic Legal system, disputes related to Islamic financial transactions can lead to outcomes t
4 pages (1000 words)
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... Introduction Understanding the nature of law requires legal reasoning, understanding of the legal s of a given region or country and digging deeper to understand the legal systems; the civil law, common law and religious laws. Civil law conceptually formulates the general principles by distinguishing substantive rules from the procedural rules; proceeds from abstractions and that are subordinate to the highest rank of a region or a country, and shaped by history it thus incorporates individual variations (Orucu, 6). Sharia law, as a moral code and religious law for Muslims; addresses various perspectives of human activities such as economics, crimes and politics, as addressed by secular laws, and it ...
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Law of Civil Liberties & Human Rights: Contempt of Court

Law of Civil Liberties & Human Rights: Contempt of Court

20 pages (5000 words)
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... of Civil Liberties & Human Rights: "Contempt of Court" Introduction: Contempt of court may be defined as any willful disobedience to a court order or any misconduct in the presence of a court (Miller, 1991). It is also described as an action that interferes with a judge's ability to administer justice or that affects the dignity of the court 1. There are two types of contempt of courts recognized by the judiciary system. It may be civil contempt or criminal contempt, but is highly punishable according to the court of law. The main objective of practice of contempt of court law is to protect the value of the law implementing agencies or courts as they are expected to deliver justice on favor of genui...
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Economic Exam 2
Economic Exam 2
2 pages (500 words)
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... Economic Exam 2 Q Marx as an historian, a sociologist, and as an economist Karl Marx was an enthusiastic reader of historical literature. It was his interest in historical literature that led him to the work of George Hegel. He interpreted historic works in his own understanding which also led to a great interest in philosophy. In addition, it also led to his formulation of the economic interpretation of history where he explored non-economic motives that influence the society. As a sociologist Marx also made efforts to explain the existence of social classes and why they behave in the ways they do (Schumpeter 9). As an economist, Marx did a lot of analysis regarding the output of economies and the...
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Law: Civil Liberties and Human Rights

Law: Civil Liberties and Human Rights

18 pages (4500 words)
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... in English law – The shift with ECHR When two young law partners, Samuel Warren and Louis Brandeis, wrote a piece on ‘Right to Privacy’ in 1890,1 they wouldn’t have contemplated that they were setting in motion a process which would ultimately culminate in a whole new branch of law of torts and would eventually be read as a basic human right.2 The right to privacy or, as Judge Cooley3 puts it, the right ‘to be let alone’, relates to an individual’s interest in sustaining a ‘personal space’ free from interference by other people and organizations. Commonly understood, it is a right of an individual to be protected against intrusion into his personal life or affairs, or those of his family, by direct p...
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American and European Union competition law

American and European Union competition law

11 pages (2750 words)
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... and European Union Competition Law The purpose of competition law is to ensure that the consumers pay the lowest possible price for the high quality of goods and services they consume. This objective will be achieved through introduction of healthy competition amongst the products owners. The other effect of the competition law is to discourage unhealthy practices in the business. It also eradicates the inefficient, incompetent and slow businesses, which do not respond to the changes of present day requirement. The American economy depends on capital and free enterprises. A private entity may file a suit against the court of law on violation of competition law that caused property or business for...
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Civil Legislation and the Law

Civil Legislation and the Law

9 pages (2250 words)
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... Legislation and the Law Case Study: Donoghue v. Stevenson Question 1) Could Mrs. Donoghue sue the cafe-owner under the law of contract?Yes, or No? Give your reasons clearly. Yes, she could sue the café-owner under the English law of Contract. It is reasonable to believe that manufacturers of goods that are used for consumption have duties and responsibilities towards their customers, ensuring the highest degree of safe usage, whether or not, there exists a contractual relationship between the manufacturer of the said product and the said consumer. A manufacturer needs to provide a degree of care, that an man of ordinary prudence need to have exercised under such circumstances. This is specially so, ...
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Comprehensive Project
Comprehensive Project
6 pages (1500 words)
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... Section One (Civil Law) The primary source of law in the UAE is the sta y where both local and federal courts apply the federal laws for dispute resolution (Brendel, Barrette, & El-Riachi, 311). The Federal Law number 5 1985 Promulgating the Civil Transaction Code of the UAE addresses issues facing contractors seeking assistance for non-payment (Brendel, Barrette, & El-Riachi, 310). In the event a problem arises pertaining to a contract, where there is a lack of “specific legislation to the contrary and where specific legislation is silent on a point in issue” the civil code provisions will apply (Brendel, Barrette, & El-Riachi, 311). This provides a backup measure to cover the holes in the federal...
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Principles of European Contract Law

Principles of European Contract Law

22 pages (5500 words)
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... of European Contract Law (PECL Can it be regarded as constituting an autonomus lex mercatoria or if not, as part of universal lex mercatoria Introduction This paper deals with the determination whether the Principles of European Contract Law (PECL) is a universal lex mercatoria or an autonomous lex mercatoria. Before arriving with an answer to the question, this paper will revolve on the following relevant topics: 1) Definition of lex mercatoria, 2) Characteristics of lex mecatoria, 3) History of lex mercatoria, 4) Characteristics of universal and autonomous lex mercatoria, 5) Examples of universal lex mercatoria, 6) History of PECL, 7) Purposes of PECL, and, 8) The characteristics of PECL. The r...
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Business Law

Business Law

2 pages (500 words)
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... Lecturer: Business Law In circumstance a), the two ifications of law suit that are entailed include; private and civil. The categories of law in this circumstance serve the purpose of ensuring social justice. This is because the circumstance entails personal responsibility between the condominium homeowners and their clients. In circumstance 1 (b), private and civil laws are involved. The laws serve the purpose of providing order. This is because the private colleges are governed by private law and the sign limitations are set to ensure that non-violent protests do not disturb peace within the various locations. In circumstance 1 (c), private and criminal law suits are involved. They serve a purpose ...
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Should Gay Marriage Be Made Illegal in the U.S
Should Gay Marriage Be Made Illegal in the U.S
5 pages (1250 words)
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... dictionary meaning of ‘gay’ reads as gleeful, glad, joyous, happy, cheerful, blithe, sportive, merry etc. These synonyms have nothing in connection with the homosexuality. Therefore why homosexual persons should be called or known as ‘gay’? Times have changed and with the ever changing personality people have come to not only express their feeling for the same sex but have also openly expressed this emotion irrespective of society’s reactions. Many state that society will not accept gay marriages. Society represents a group of citizens but gay’s involves one’s freedom of personal rights. Laws of any country are made in order to define their citizens and not become an instrument of exploitation by ...
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Civil and Criminal law aspects

Civil and Criminal law aspects

9 pages (2250 words)
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... Case analysis Introduction Chloe’s case is a very unfortunate one and she and her parents have well grounded right to action against the parties involved. In this paper, the author will analyze the existence of breaches in each party’s behaviour, the type of breach, the rules that should be applied and the arguments that may be used by the plaintiffs in proving their case. Mrs. Taylor The most important question that must be answered in Mrs. Taylor’s case, as well as in the case of the rest of the parties is: Did the party owe a duty of care to Chloe? The first party involved in this sad accident is Chloe’s teacher – Mrs. Taylor. The accident happened under her supervision and this raises serious...
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Finance law

Finance law

2 pages (500 words) , Download 1
... Law Finance Law Introduction Financial law in the variety of s is the branch of law that regulates communal relationships arising from the state’s financial transactions. It provides a scrupulous grounding in the fundamental doctrines of international finance and financial services law, covering local and global developments from practical, regulatory and policy perspectives (Bamford 2011, p.2). The law limits only to those financial relationships that are of an organizational nature basing on contracts regulated by civil law. For instance, the law covers issues of the organization of banking and the system of accounts but is not applicable to the relationships between the banking institutions and...
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The relationship between justice or rights
The relationship between justice or rights
15 pages (3750 words)
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... to the Declaration of Independence of the United s (1776), human beings are born with inalienable rights and these should not be violated. On the other hand, it can be noted that the law of the land in different countries is designed to protect the rights of the citizens in different ways. It can be noted that there is a correlation between the concepts of rights and law. As such, this paper seeks to critically analyse the relationship between rights and law. It starts by defining these two concepts in order to get a full understanding of their meanings. The main part of the paper discusses the theoretical framework underpinning these two concepts. Human rights are literally the rights that one has...
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Answer those 40 questions only and provide me with the full and explained answer in international business
Answer those 40 questions only and provide me with the full and explained answer in international business
2 pages (500 words)
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... and Answers on International Business Questions and Answers on International Business Q1. The developing markets such as Brazil, India, China, and Russia has half of the world GDP. Q2. The countries that comprise the BRIC include China, Russia, India, and Brazil. BRIC does not include USA. They are also the four emerging markets. Also, Mexico is not. Though it was interested to be part of BRICS. Q3. The worldwide economy can be viewed as a pyramid. The top of the pyramid are individuals with an earnings of 20, 000$ or higher per annum. The triad comprises Japan, North America, and Western Europe. These are the well-developed countries. Q4. The people who live in triad countries comprise individuals w...
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The Difference between Statutory and Common Law Offences

The Difference between Statutory and Common Law Offences

7 pages (1750 words)
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... that you have been asked to write a lecture. Your audience will be people of average intelligence, but with no specialist knowledge of the law or legal system. Your objectives are to ensure that your audience understands:- The difference between statutory and common law offences How common law crimes were created and how they can change What is meant by ‘precedent,’ ‘distinguishing on the law,’ distinguishing on the facts,’ ‘ratio decedendi,’ and ‘obiter dicta.’ The meaning of and difference between onus and burden of proof. How to distinguish civil and criminal wrongs. The nature and authority of a code, for example Highway Code. The relevance of motive for criminal law. Every society is ruled b...
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Why Civil Forfeiture in Law Enforcement is an Effective Tool

Why Civil Forfeiture in Law Enforcement is an Effective Tool

2 pages (500 words)
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... Forfeiture in Law Enforcement 26 March Introduction Civil forfeiture as a concept in jurisprudence had been used before to punish criminals but it came into disuse because it was a disproportionate punishment for a crime committed. A more modern version of the same principle was adopted by most countries in the world in an effort to curb domestic and international crime syndicates operating within their borders. The previous general forfeiture in centuries past was primarily directed against traitors and felons to deprive them of their personal and real assets. However, a shift in the way criminal justice is administered towards more rehabilitative efforts of reforming the criminals and integrating...
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International business law

International business law

12 pages (3000 words)
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... A Though it originates in England, the English legal system is widely used in many countries across the whole globe. This essay seeks to distinguish the role of criminal law and civil law in relation to the English legal system. According to the online HG.org worldwide directories (http://www.hg.org/crime.html), “criminal law which is often called penal law, involves prosecution by the government of a person for an act that has been classified as a crime.” On the other hand, a crime is further defined as, “any act or (commission of an act) in violation of a public law forbidding it.” Thus, criminal law forms part of public law. Every citizen of a state has certain duties towards the state and in the ...
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Business law

Business law

2 pages (500 words)
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... law Law defines sets of rules within a jurisdiction that regulate relationships and interaction between persons in the jurisdiction.Business law is a branch of law that regulates commercial transactions and relations that are created thereof. This paper seeks to answer questions on commercial based cases. Question 1 Gharar refers to uncertainty or a perilous condition that is illegal under Islamic law. As a result, no damages can be awarded for breach of a contract in which a party took risks. The law therefore limits damages by the extent of the taken risk (Venardos, p. 150). The Islamic doctrine would however not apply under the CISG because the convention overrules application of regional laws in ...
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International and comparative criminal justice
International and comparative criminal justice
12 pages (3000 words)
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... The Exclusion of Evidence Comparative Criminal Law Prof One of the most important principles in the criminal justice system is the reputation of the system. Nothing should be done that would put the administration of justice into disrepute. One of the key battlegrounds relating to this issue is the admission of evidence obtained in criminal investigations. Sometimes this evidence is excluded. In the words of The Police and Criminal Evidence Act 1984, section 78, evidence is excluded if “having regard to all the circumstances, including the circumstances in which the evidence was obtained, the admission of the evidence would have such an adverse effect on the fairness of the proceedings that the...
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Iraqi Legal System

Iraqi Legal System

5 pages (1250 words)
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... Legal System of Iraq Iraqi law is an integrated form of several Arab laws, Islamic jurisprudence, and some western laws. Under the provisions ofArticle 1 of the Civil Code, the law has supremacy over custom, Islamic Law, and equity. In most of the Arab nations, Islamic law or Sharia, constitutes the source of their legislation. This is expected to transpire in Iraq, in the future. The Sharia is uncodified and it is derived from the Holy Quran and the teaching of Prophet Mohammed. It developed several schools of Islam; the Hanafi School is the most important school for Sunni population of Iraq (Legal Guide to Doing Business in Iraq, 2003). Iraq’s legal system is based on Sunni and Shii fiqh sects an...
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Substantive Law

Substantive Law

3 pages (750 words)
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... The accused (Movie) Substantive Law is the basic law in written form and that defines rights as well as duties, which includes crimes together with punishments (contract law, criminal law, tort law, law of wills, etc.) responsibilities and civil rights within civil law. Procedural law on the other hand provides the mechanism through which the enforcement of the duties and rights would be realized. The procedural law therefore comprises of rules to be adhered to by a court while hearing and determining criminal as well as civil cases. This paper intends to analyze from the substantive law point of view of the unfolding events within the movie “The Accused” as written by Tom Topper in 1988 (Ebert para ...
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Comparing Financial Systems
Comparing Financial Systems
20 pages (5000 words)
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... FINANCIAL SYSTEMS TABLE OF CONTENTS …………………………………………………………….. 3 2) CHAPTER 4 3) CHAPTER - 2 ……………………………………………………………6 4) CHAPTER - 3 ……………………………………………………………10 5) CHAPTER - 4 ……………………………………………………………11 6) CHAPTER - 5 ……………………………………………………………12 7) CHAPTER - 6 ……………………………………………………………15 8) CHAPTER – 7 ……………………………………………………………20 9) CHAPTER – 8…………………………………………………………….23 10) REFERENCES……………………………………………………………25 Abstract There has been immense talk about how the economic interrelations between countries across the globe have intensified. Economic globalization is the utopia towards which the world is moving. Yet, it is deemed to be practically impossible due to the different financial systems that exist in...
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Law - Civil Proecdure (Hong Kong) [4 Questions]

Law - Civil Proecdure (Hong Kong) [4 Questions]

12 pages (3000 words)
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... Does Justice Reyes approach differ from pre Civil Justice Reform approach to litigation, and, if so, how? The Pre Civil Justice Reform way of handling cases that were languishing is illustrated in the case In The Matter of Dealing in the Listed Securities of QPL International Holdings Ltd., which was ruled upon December 27, 2007 by the Market Misconduct Tribunal. In this case, Ms. Cheung, who was the party to the case, sought a permanent stay of the proceedings against her, stating that the Securities and Futures Commissions delayed in prosecuting her case. The Securities and Futures Commissions initially conducted enquiries beginning on May 27, 2003, then brought the proceedings against her on...
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Civil Procedures

Civil Procedures

3 pages (750 words)
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... Civil Procedures I.D. of the The Civil Procedures Introduction In this essay, the US civil procedures system will be explained briefly. US civil procedure is presently guided by the Federal Rules of Civil Procedure (FRCP) as amended to 1st December, 2010. The FRCP was entirely rewritten, effectual from 2007, under the management of a senatorial legal committee headed Bryan A. Garner for the very purpose of simplification and easier interpretation (Legal Information Institute, 2013). However, the amendments in linguistic style did not make significant alterations to the rules. Further, amendments to the FRCP in 2010 were described as not “particularly remarkable” although they are practically useful...
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Criminal Law

Criminal Law

2 pages (500 words)
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... Criminal Law a) The main difference that is there between a felony and misdemeanor is the crime’s severity. Both crimes can be committed against the state, property or people. For example, speeding is usually considered a misdemeanor while running over someone with a vehicle on purpose is considered a felony. Felonies are associated with prison sentences of at least one year, fines or even both while misdemeanors involve less than a year prison sentence, smaller fines or even both (Gardner, et al.15). I would make the crime a misdemeanor because is not a very serious crime and can be served with alternative sentencing like community service. b) Mens rea is defined as crime that consists both a mental...
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The Different Sources of Law in England & Wales

The Different Sources of Law in England & Wales

6 pages (1500 words)
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... Name: Course: Date of Submission: The Different Sources of Law in England & Wales Introduction The legal system in the United Kingdom is divided into three different legal jurisdictions including England along with Wales as well as Scotland and Northern Ireland and all these jurisdictions follow separate legal procedures. In the region of England and Wales the name of the legal system followed is recognized as English law. English Law has four major sources including the legislation, Common Law and European Laws as well as European Convention on Human Rights (ECHR) (Hendrick 14). The source of Legislation through which English Legal system obtains its laws and regulations is further divided into two...
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Why did an international human rights regime develop What problems exist with regard to the international human rights regime
Why did an international human rights regime develop What problems exist with regard to the international human rights regime
8 pages (2000 words)
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... Why did an international human rights regime develop? What problems exist with regard to the international human rights regime Introduction Theprotection of human rights is considered as one of the most critical missions of governments worldwide. Still, the policies developed by governments in regard to human rights are often proved ineffective. In the context of the international community a similar challenge has appeared. The establishment of an international human rights regime aimed to increase the effectiveness of laws focusing on the protection of human rights. However, the specific regime has to face a series of problems, most of which are too complicated. These problems are critically...
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MANAGING INTERNATIONAL LEGAL ENVIRONMENT

MANAGING INTERNATIONAL LEGAL ENVIRONMENT

6 pages (1500 words)
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... THE INTERNATIONAL LEGAL ENVIRONMENT Context: Export trade transaction. Legal Systems: An Introduction The exporter is faced with very different, challenging situations and constraints in pursuing his business in foreign countries. First of all he has to understand the legal system of the country he is dealing with – whether the prevailing legal system is common law, civil law, or theocratic law. These shall be discussed below. The common law system is based on tradition, precedent, and custom and is found in Great Britain and its former colonies, and in the United States. Judges here interpret the law in such a way that the particular circumstances are considered in each case in the light of tr...
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Civil rights

Civil rights

6 pages (1500 words)
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... Rights in USA and California –Overview and Perspectives Introduction: Two related but different words can describe Civil rights. These civil rights can be exercised under civil laws and provides us security and various things like capability to contract. Civil rights are among the category of rights which are made to protect an individual and to provide him freedom so that he can live his life in his own style. These rights also protect the person form unjustifiable violation done by the private and government organization. You get an ensurity to get involve in political and civil life. These civil rights are made for safety and ensuring the physical integrity of the person like. Beside all these...
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Computer Fraud and Abuse Act
Computer Fraud and Abuse Act
4 pages (1000 words)
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... Fraud and Abuse Act Computer Fraud and Abuse Act – 1986 (CFAA) The advancements of computer technologies where on one hand has created ease for us, on the other hand, this technology has produced many criminal minds for which it is necessary to develop and implement law and legislations. According to Benson et al, “Congress has treated computer-related crimes as distinct federal offenses since 1984 after passage of the Counterfeit Access Device and Computer Fraud and Abuse Law (CFAA)” (Benson et al, 1997) CFAA originally known as the Counterfeit Access Device and Computer Fraud and Abuse Act was first enacted in 1984, in order to treat computer-related crimes as separate federal offenses. Ferrera...
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Describe the major differences existing between private wrongs and public crimes as they affect the business community
Describe the major differences existing between private wrongs and public crimes as they affect the business community
2 pages (500 words)
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... wrongs and public crimes have emerged as vital issues that significantly impact business communities. Differentiating between the two becomesvery essential for the authorities and public at large. Crime as public wrong is intrinsically linked to acts of violation against the normative values held within the society while private wrongs ensure social justice and promote responsible behavior within the wider framework of civil laws that compensate victims for loss (Miller, 2011). The two are distinct in their scope and need to be clarified for enacting appropriate legal actions against the people or individuals suspected of the crime. The major difference between private wrong and public wrong is that...
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Law and the Constitution in Canada

Law and the Constitution in Canada

1 pages (250 words)
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... and the Constitution in Canada The contemporary Supreme Court of Canada (SCC) plays a fundamental vitality in Canadian politics and judicial decisions. The courts’ decisions cover variety of legal concerns including rights and freedoms, criminal law, federalism, and civil law. The inherent judicial decisions and relations to the Canadian society require integration of legal scholars with significant application of legal scholarship and reasoning. Such legal scholarly concepts remain imperative in acceptance and understanding of various cases for instance the Delgamuukw case. Legal reasoning relates to the communicative strategies and ways through which judges publicly talk concerning law1. Legal reas...
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Law In Practice - University Level-3-CIVIL PROCEDURE

Law In Practice - University Level-3-CIVIL PROCEDURE

12 pages (3000 words)
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... of contents Serial No CONTENTS PAGE NUMBER Part A Introduction 2 2. Conflict of interest 2 3. The limitation Issue 2 4. Significance of Johnson’s conviction 3 5. Funding 4 6. Probable suspects and effects of contributory negligence 5 7. Documents Required 6 8. Damages information 7 9. Client Care 8 10. Personal Injury Protocol and Letter of Claim 8 11. Part B 9 12. Conclusion 10 13. Recommendations 11 14. Bibliography ...
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International Business Law Policy

International Business Law Policy

4 pages (1000 words)
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... I Question Before the UCC and the UCITA, what was one of the first, and most significant, of the U.S. government's attempts to promote uniformity in commercial laws from state to state (Hint: think of "commerce" and Constitution). The first, and most significant, of the U.S. government's attempts to promote uniformity in commercial laws from state to state is firstly, the relevant provisions of the US Constitution and also Section 118 of the General Business Law which predates that of Section 7-210.1 Question 2. Based on the information presented above, what do you see as the major differences between Article 2 of the Uniform Commercial Code and UCITA The UCITA, as a controversial model law promu...
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Business law

Business law

2 pages (500 words)
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... law Introduction One of the objectives of law is to ensure justice through protection of rights and enforcement of obligation. Civil law offers an avenue for resolving disputes between individuals. Alternative dispute resolution mechanisms however exists for solving disputes outside the court system and this paper identifies three forms of alternative dispute resolution and examples in which each form suits in a business situation. Negotiation Negotiation is a form of alternative dispute resolution in which parties to a conflict tries to resolve their dispute without involving a third party. It is suitable in a business environment in which the party are able come together and the party values a rel...
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Discuss the role of victims in international criminal trials and suggest possible areas of reform

Discuss the role of victims in international criminal trials and suggest possible areas of reform

14 pages (3500 words)
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... Criminal Law - The Role of the Victim Table of Contents International Criminal Law - The Role of the Victim 0 Background Theorist opinion of the main function of any criminal system is the punishment of the guilty and acquittal of the innocent1. Benjamin Ferencz12 states that there are five stages to the process of creating a more humane world in situations where war and/ or widespread violations of human rights have taken place. These stages are to stop the killings, to investigate and try to apprehend the persons responsible, to bring them to justice, to do something to help and rehabilitate the victims, and finally, to take action that will prevent and deter future such events. It is the fourth...
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DQ 2
DQ 2
1 pages (250 words)
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... Number Introduction To an average mind, criminal justice agencies have very few responsibilities to help reduce and manage employee stress, if any. This is because many readily see the management of employee stress as a matter that concerns business management and civil law- not criminal law. However, much to the chagrin of this average mind, there are responsibilities that criminal justice agencies can discharge to abate and manage employee stress, though the responsibility is not explicit. The onus is on criminal justice agencies to introduce, facilitate and consolidate stress reduction programs, especially in criminal justice agencies, to help reduce job-related stress. Just as the Central Flori...
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Comparative criminal justice

Comparative criminal justice

2 pages (500 words)
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... Comparative Criminal Justice In Germany law has been codified and is mostly federal. The German penal is influenced by the concepts of Prussian law. It Criminal justice system is derived from the civil war, not common law such as the one used in the U.S. and Britain. According to German civil law, the concepts behind its criminal justice system are not aimed at simply isolating criminals from the society, but rehabilitating them (Fairchild and Dammer 67). This is done through measures and programs such as work-release, and non-confinement punishments. The initial hearing of criminal cases is done at any of the three-tiered land system courts or local courts and the appellate or higher regional land...
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Common Law Case and Civil Case

Common Law Case and Civil Case

8 pages (2000 words) , Download 1
... 168280 Topic: Company Law comparative analysis between Common law case and civil case The veil of incorporation: "The fact that the separate corporate personality of a company prevents outsider from taking action against its members (even though the outsider can find out who they are and how many shares they hold.) has led to comparison with a veil. The corporate personality is the veil, and the members are shielded behind this 'veil of incorporation'.However, the internal affairs of the company are never concealed from view since publicity has always accompanied incorporation. In addition there are several situations when the law is prepare to lift the veil of incorporation either to go behind the ...
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Civil vs. Criminal trials

Civil vs. Criminal trials

5 pages (1250 words)
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... Civil vs. Criminal trials Part One Family courts just like civil proceedings covers jurisdictions dealing with family disputes and family life aspects such as domestic violence, breakdown of relationships, care proceedings and adoption of children. The cases can be heard in all state courts, superior courts or magistrates’ courts. Even though they deal with very serious matters in family proceedings and torts they are subject to civil rules as opposed to criminal evidences. The proof must be related to relationship of the causation of harm by the defendant to the plaintiff. The court can only make conclusions of fact where the evidences affirm the findings. Concern to the vulnerability to the child...
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The justice in United Arab Emirates
The justice in United Arab Emirates
18 pages (4500 words)
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... justice in United Arab Emirates Introduction The structure and the rules of a country’s legal system can highly affect the country’s performancein regard to all its sectors, including its positioning as a member of the international community. In any case, the legal framework of each country needs necessarily to be aligned with the rules of international law. Still, potentials exist for differentiation of national law from the international legal rules, especially in the case of national security or other similar condition. Moreover, the culture and the ethics of certain countries have increased power in influencing the content and the scope of national legal system. This phenomenon is more...
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Sources and Classifications of Law in the United Kingdom

Sources and Classifications of Law in the United Kingdom

11 pages (2750 words) , Download 1
... and ifications of Law in the United Kingdom Sources and ifications of Law in the United Kingdom Introduction Law constitutes a set of rules that govern the conduct of an affair in a given community. According to Simpson (2011), law encompasses various rules of conduct and standards prescribed by authorities for governing and regulating relations between members of a particular community or state. When a person or persons having power in a community enforces rules, then the rule acquires the status of law in a generally accepted meaning of the word. The United Kingdom comprises of four countries; these are England, Wales, Northern Ireland, and Scotland. The UK government adopted the Act of Devolution...
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The Effects of a Adopting a Mandatory Employment Arbitration System in The Middle East and The UK

The Effects of a Adopting a Mandatory Employment Arbitration System in The Middle East and The UK

43 pages (10750 words)
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... One THE ROOTS OF ARBITRATION The research study explores the effects of mandatory employment arbitration systems in the UK and in the Middle East. As a background for the presentation and analysis of the research study results, the following sections of Chapter One comprise a review of several of the important issues relevant to this research subject. The subject areas include a description of alternative dispute resolution mechanisms, as well as the background on the historical beginnings of arbitration systems from the earliest days of recorded history to the development of modern systems of arbitration that are grounded in these historical roots. The applications of these historical and legal ...
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Current Trend in Criminal Law and Procedure

Current Trend in Criminal Law and Procedure

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... Current Trend in Criminal Law and Procedure The criminal law or the penal law, which deals with the crimes that prohibits by the in its territory since it is harmful for the safety, security and well-being of its citizens. Breach of law that relates to crimes attracts punitive action by the court in terms of fine or imprisonment or both as the case may be. Criminal law and the civil law are two different laws according to its foundation to deal with the cases separately (Michael, 2009). If someone violates the criminal law, the criminal procedure takes it course against the violator to implement its writ. In many democracies of the world wherein the criminal cases burden of proof lies on the...
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