Law Essays and Research Papers

Although the foetus has no right to life, its interests are adequately protected by English law. Discuss
This law made it a felony to kill a child who was capable of being born alive and the time from conception enshrined to be the time the foetus was declared viable was set to be 28 weeks. After this time, abortion was not to take place unless it was advised for by a doctor and/or be seen that the continuance of the pregnancy would cause the termination of the life of the mother. The law also made it clear that that a doctor would perform an abortion legally if he/she was satisfied that the…
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Child Law
Child Law Introduction In order to advise Alistair Smith, regarding his rights with respect to education and overall welfare, the following issues have to be taken up for discussion. Alistair Smith’s school Greenfield Comprehensive has voiced concerns about his education, as well as overall wellbeing. According to their opinion, Alistair Smith is not physically fit for his age and the school is thinking of referring him to a psychologist, in order to determine if he has special educational…
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Company & Association Law Assessment Item 1- 2014
Meyer’s interests into the partnership. (5) What Did the Court decide With Respect To the Applicants’ Arguments on Partners having To Account to the Firm and MDLA 415? In Your Answer, Explain How the Court Applied the Relevant Law, In The Light of Relevant Facts and Law Cited in the Judgment. The court with respect to the Applicants’ arguments on partners having to account to the firm and MDLA 415 decided that Mr. Meyer does not hold his rights and interests in relation to MDLA 415.…
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Company law- Problem question
However, in real life examples, directors and majority shareholders have often been observed to disregard the significance of minority shareholders’ interests which further raises various issues concerning the organisations’ longevity. A similar instance can also be witnessed with reference to the case scenario of Delight Ltd. Emphasising on this particular case scenario, the discussion henceforth will emphasize on the legal issues identified in the case. The main motive of the paper…
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Comparative paper
Its civil service system, at the same time, is decentralized as every region/province has covered services that vary by their need (Wisler & Onwudiwe, 2008). In this manner, the French provinces get the advantages of a centralized regime while maintaining a certain amount of independence. In general, the criminal justice system of France is rooted in the Roman legal institution referred to as civil law (Dammer & Albanese, 2013). Malaysia The Malaysian legal system was adopted from the English…
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Constitutional and Administrative Law
In such countries, the government is regulated by the constitution. As such, the Constitution of the UK is flexible and it permits amendments. There have been a number of constitutional reforms, since 1977. Some of the instances of its flexibility are described below. These include the abolition of hereditary peers in the House of Lords; the bill of fundamental rights or the Human Rights Act 1998, which is a codified bill of individual’s rights in the UK; and the devolution of…
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Corruption in the Correctional System
However, inmates have more opportunities such as attending school, treatment and church programs and to work in many numbers of capacities just like in minimum correctional facility. There is greater diversity of rooming options and visits by outsiders such as relatives and friends. Minimum correction facility, keep the inmates under more pleasant environment such that, the inmates are allocated honor units or work farm to punish them. This hierarchy system serves as a resource to prison…
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Criminology ucr and nibrs crime data
Thus, the redesigned NIBRS report contains detailed information regarding frequency and character of crimes, such as white-collar crimes, drug and narcotics offenses, hate crimes, child and elder abuse, as well as terrorism related crimes. In addition, the survey contains data on child pornography, juvenile crimes and organized crimes, but it does not gauge homicide or other commercial crimes like burglaries involving stores. Currently, the UCR mirrors a national effort comprising over 17000…
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Critically compare the way in which courts have elaborated on the scope, rationale and function of: (a) the graphic representation requirement in trade mark law, and (b) the claims for patent protection. Reference can be made to both UK and EU cases
Such inventions may include a product, process or a solution to some kind of technical problem that needs to be addressed by such creative inventions. In any society, patent plays a very crucial role. Thus, it should be taken much seriously because it has higher chances of promoting the success of business activities in the country4. Before a right is given, one has to meet the set standards. This can be done in reference to Young v. Rosenthal and Company in which the court ruled that there…
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Critically consider the position of the 'reasonable person' in both the laws of contract and negligence. Uses cases and examples from both areas of laws to illustrate your answer
Therefore, the fundamental area where the reasonable person standard is invoked in the law of contract is the formation of the contract (Perillo, 2000). “The reasonable person enters legal analysis not as a cultural stereotype but as an embodiment of the idea of fair terms of interaction.” (Ripstein, 2012, p. 255). This means that in utilising the reasonable man standard, a person will be assessed on a scale of fairness to ascertain what a basic person would have been sensitive to and…
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Describe the different forms of european legalization and discuss the impact of EU membership on the english legal system
In terms of application, international law could face incongruence from internal systems to such an extent that serious compromise needs to be made on the internal law to accommodate the incongruence. In other levels of congruence measure, legal structures may necessitate slight modifications or additions to allow a reflection of the introduced international legal agreements. One of the conditions that are considered in the determination of the priorities in making the EU or internal laws…
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Domestic Terrorism
Drug lords have also been known to utilize the hawala system in order to gain access to their funds and to transfer such funds to terrorists, including the Taliban forces (Byrd and Buddenberg, n.d). According to Tan (2007) Taliban forces use such funds in order to purchase guns and also to entice impoverished young adults to join their cause. In effect, the financial support which these terrorist forces have been able to gain from drug lords has been used to secure their efforts against the…
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Drug policy should transcend ideology and be based on scientific evidence and sound human rights principles; it should support, not punish, those affected. Critically evaluate the statement above, using illustrative examples to support your position
Drug policy should transcend ideology and be based on scientific evidence and sound human rights principles; it should support, not punish, those affected. Critically evaluate the statement above, using illustrative examples to support your position By Student Name Course University Date Introduction The debate over the current drug policy in the UK is overwhelmingly in support of change which indicates a recognition that drug control policies are ineffective.1 The debate in the UK as…
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European Union Law - Article 101(1) Treaty on the Functioning of the European Union
In accordance to article 101 there are actions that are prescribed as being unsuitable for the internal market. These are; all the agreements made between undertakings, decisions made by associations of undertakings and rigorous practices that are likely influence trade between member states and which hold their object the inhibition, restraint or deformation of competitive forces in the internal market particularly those that directly or indirectly fix trading condition, share markets or share…
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Evaluate this statement in light of relevant case law and doctrine of promissory estoppel
The intention to create legal relations is far more important than consideration The law of contract requires that a contractual agreement is established by parties of sound mind, who have the capacity to exchange a consideration that creates a mutual obligation1. The insistence of the law, on the qualification of the parties as being of sound mound and competent persons, underlines the importance of the binding obligation that is to be established2. Therefore, the intention to create legal…
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Felony Defense
Therefore felonies as defined by state and federal laws, are those offenses punishable by jail terms in a excess of a year and also the death sentence (Dau-Schimdt, 1990). Felonies were referred to by early common laws as crimes involving moral decadence; they grossly violate existing social and moral values. With time other types of crimes were included in the class of felonies which do not involve moral decay. In many states felonies are listed with measures commensurate to the gravity they…
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Final Exam
On the other hand, the Federal Aviation Administration has to accord priority to the aspects of national security and safety in commercial airline industry. Thus, the regulation that FAA has issued relating to the automatic termination of license once the pilot attains the age of 60, has been largely in public interest to ensure absolute safety in commercial airline operations. The FAA’s ruling is also based on the premise that they do not have the resources to frequently monitor the status…
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Gang violence and juvenile delinquency
For effective operation and success of this system, punishment for the misconduct should be the same irrespective of the age of the offender (Whitehead and Steven, 2006). Owing to these inadequacies and problems associated with juvenile laws, many critics have proposed for its complete overhaul or amendment of some of its laws, failure of which the crime rate among the young perpetrators would continue to escalate in the society. According to Scott and Steinberg (2008) some of these mitigation…
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Iegal concept working in restaurant
This law ought to cover many types of business that belong to the hospitality and tourism industry, but major emphasis is given to restaurants and hotels on a bigger scale since they have the largest number of hospitality clients. In this perspective, restaurant operators have several legal duties and obligations towards the customers (Baum, 2011). For instance, they are expected to provide their customers with safe and right amount of food and services, keep the customers safe, and avoid…
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In relation to the standard of care in Negligence actions, the characteristics of the defendant are never taken into account. Examine this statement, supporting your answer with authorities
In relation to medical practices, the code of ethics and the legal implications of healthcare profession must be followed carefully to ensure that the best medical practices will be rendered to the patients4. The study of health ethics and law has laid its foundation on the respect for Human Rights. Under the law of obligation, healthcare professionals are obliged to give respect to the patients’ autonomy particularly when it comes to decision-making for their own treatment as well as being…
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International Banking Law: Capital Markets and Loans
A General View on Bonds Bonds along with shares are components of the capital market which acts as a debt security. It is one of the long term debt instrument which acts as an alternative form of investment. In this regard, it can be stated that bond is a form of loan which is issued by the business for better opportunity to the public or wealthy individuals.1 Bonds are financial instruments which are used by the companies in order to raise money for the expansion of the business. Companies…
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International construction contracts
Consequently, contractors need to protect themselves in terms of appropriate contractual conditions when taking over responsibility of the process of designing. This can be done through novations, such as CIC novations and collateral warranties, which have appropriate wording protecting design teams from pre- novation losses. According to the Blyth and Blyth case, the contractor is required to take the risk associated with constructions. This always applies, whether the contractor has not made…
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International Human Right issues in Oil and Gas Law
The findings are then recommended to the member states. It is key to note that security matters are not discussed in this body. His is because a different body has the mandate to deal with this. As a result, the Security Council has a main duty of maintaining peace and security. As a result, they have no specified time of meeting because they can be called at any time when peace is threatened. It is composed of 15 members, with China, France, the United States, the United Kingdom coupled with…
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International Law: Foreign Investment
Subsequently, the program focuses on developing international law standards in keeping with the set out objectives. Maintenance of an apparent and non-discriminatory ambience for encouraging private investment is the key endeavor of BIT program4. The US government in order to assure that the BIT model works consistently with the public interests and economic growth prospects has made adequate changes in the principles of the BIT model of 2012 over previous model i.e. BIT model of 2004.…
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International refugee law
The 1951 UN convention relating to the status of refugees defines a refugee as an individual who “owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality, and is unable to or, owing to such fear, is unwilling to avail himself of the protection of that country or return there because there is a fear of persecution...”2 For a refugee status to attach to…
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