CHECK THESE SAMPLES OF Consider the extent to which burden of proofs conflict with the presumption of innocence in English Law
...?Chris Burden Introduction Chris Burden is a renowned American artist who is working in the peripheries of performance, sculpture and installation art. Born in the year of 1946 at Massachusetts in Boston, this revolutionary artist has worked and has been working on the philosophy for the genre of art that is contemporary in nature and operates with an objective of exploring, unveiling and simplifying modern art without any academic or condescending fact. Thesis Statement The thesis explores Burden’s work as the theme of personal danger at the central of the artistic performance as the major point of contention and perspective. Biographical Information Burden was educated...
2 Pages(500 words)Research Paper
...views about organizational conflict. It argues that conflict in an organization is just not a positive force rather it is a necessary force towards an effective and efficient group performance in an organization. (Maas, 2010). Rahim, (2010) explains that Interactionist view is characterized by accepting absolutely the importance of conflict in organization, absolute encouragement of different opinions, proper definition of management with emphasis on how to stimulate and how to solve it and, finally, considering conflict management in the organization as a responsibility for all administrators. Similarities and differences of traditional human relation...
3 Pages(750 words)Essay
...? The Principles of Modern Law are Mainly Statute Based ID Number & Total Number of Words: 2,010 Introduction A statute is basically an Act of Parliament (Appelbe and Wingfield, 2009, p. 4). After undergoing a series of scrutiny, a statutory law starts with a written bill that can be converted into laws by the UK parliament. Although it is possible to make use of public bills, some form of private bills were commonly used in the 19th century to persuade the UK parliament to examine the bills before putting it into law (Faragher, 2010, p. 80). In the past, the monarch’s signiture (a.k.a. Royal Assent) is required in passing a statutory law. Today, the...
8 Pages(2000 words)Essay
...(a) It was established in Salomon v A Salomon & Co [1897 that 'The company is at law a different person altogether from the subscribers. Nor aresubscribers as members liable, in any shape or form, except to the extent and in the manner provided by the [Companies] Act.'2
It is a general principle of English law that it is not possible in the absence of agency, a trust relationship or wrongful trading to hold one person liable for the debts of another.3 However, like most common law principles and judicial interpretations it is a rebuttable presumption which must give way to a statement to the contrary 'in clear and unequivocal language'4...
10 Pages(2500 words)Case Study
...English Law Part A The success of the organisation of the legal profession in England can be attributed to the function of the growing complexity of modern life and growth in the perceived need for barristers, solicitors and judges. The legal field has positions, stakes, capitals, and shared predispositions. All practices are within this field and subject to its force and influence.
(i) Positions. The legal field is the ensemble of all actors who make, interpret and apply the law; transmit legal knowledge; and socialize players in the game of the field. These actors occupy positions which can be ordered in terms of internal hierarchies accepted within (and to a degree without) the...
5 Pages(1250 words)Essay
.... A defendant charged with murder could claim diminished responsibility or insanity1 permitting prosecution to adduce other defence and the same applies to unfitness to plead and stand trial. Woolmington ruling places the burden of proving on defendant2 and at times, had been questionable.
Effect of Human Rights Act, 1998 on English Law had been extensive and the Courts3 have taken enormous trouble to read down legislations in order to avoid incompatibility with Convention Human Rights. Accused is innocent as long as he is proven otherwise4 and this enables the criminal statutes to transfer the burden of proof to the accused 'without...
10 Pages(2500 words)Essay
...Introduction The ICO or the ‘Information Commissioner’s Office’ regulates the handling and usage of Personal data or information related to an individual, the ICO enforces policies of the Data Protection Act which is a “United Kingdom Act of Parliament” (Jussawalla, 1992).
Many authors such as Steve Hedley believe that the DPA or the Data Protection Act is exceptionally complex (considering its magnitude) (Hedley, 2006). Even though the extent of DPA is quite wide, still the Information Commissioner’s Office is at some extent unable to save the Kingdom’s populace from unexpected data losses, as a matter of fact the largest data loss ever recorded in history which occurred on the...
7 Pages(1750 words)Essay
This statute ensures that parties to the contract fulfill their promises to each other as stipulated in the agreement with defaulting. Therefore, statutes of fraud do not in itself make the contract valid but serve as an evidence of the agreement between the parties hence can make the contract enforceable (Miller, Harvey & Parry 1998, p.487). It also serves to prevent one of the parties from claiming beyond what the agreement offer to them. Should one of the parties to the agreement default in the performance of his or her duties, the statues of frauds will apply to ensure that that person has discharged his or her obligation (James 2003, p.20). This is contrary to a verbal agreement whereby, due to lack of evidence one party...
8 Pages(2000 words)Assignment
...Law of evidence burden of proof Distinction between burden of proof and burden of persuasion Definitions of burden of proof and burden of persuasion establish a basis for distinguishing the two concepts. The burden of proof defines a party’s duty to convince the judge or jury that an offered position in a case is the truth while the burden of persuasion defines a party’s duty to convince the judge into believing a position that the party introduces in a proceeding. One of the differences that the definitions identify is the scope of the...
5 Pages(1250 words)Assignment
.... In criminal proceedings, the bench has the obligation to corroborate contested factual issues. As it is normally the case, Dr Khan could be called to table evidence as one of the witnesses lined by the prosecution to shade more light on the mental condition of the deceased, which the court may be ill-equipped to interpret. As of now, however, the English common law views expert evidence with some contempt. This is especially true considering that courts have realized that the admissibility of too much of the evidence without determining its authenticity could be an injustice itself5.
In light of this, potential errors in the expert evidence oftentimes go unnoticed and could compromise...
10 Pages(2500 words)Essay
