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Essays in English Legal System category
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'In every field of law and legal practice, the law itself is gendered. That is to say, that the law-whether developed through the courts, under common law, or enacted in legislative provisions, reflects the gender of those who have created it: men.'
... judicial system? Furthermore, the question which automatically follows from this: if we can't reform, what are our alternatives? Feminist Legal Theory The focus of feminist jurisprudence is the legal position of women in society; . regulated by a system begotten of men, neither ...
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'In extreme situations when human lives and dignity is at stake, neutrality is a sin. It helps the killers, not the victims'.
... on the states' activities, we will first focus on its jurisprudence. In fact, before examining more specifically the approach of the Court regarding the entry, residence and expulsion of aliens, reference will be made to the general interpretation of this ...
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'Judges do not make law - they only declare it' Discuss.
... that the statement is in fact valid. I will also review a number of specific cases where there is convincing evidence that the statement is incorrect and where new laws have indeed been made by judges. Therefore, my personal conclusion ...
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'Judges may use the new context of the Human Rights Act 1998 to develop their own common law principles concerning human rights.' Discuss
... information. Information that has been disclosed anywhere in the world, unless it was disclosed under conditions (usually a contract) of confidence, cannot subsequently be prevented from disclosure by the courts'. The most appropriate remedy for breach of confidence is an ...
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'Legal policy applied to domestic relationships has the potential to promote equality between the sexes. However, there has been little inclination to engage in social engineering on this issue' Discuss.
... to foster, nurture and legitimate unequal relations within this sphere; the assumption being that if it can aid one extreme, it can also aid another. However, there are two subsequent questions to be asked from an acknowledgement of the law's ability ...
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'Magistrates are probably the most integral and cost effective part of our justice system' - Discuss the above statement showing your knowledge of the duties, backgrounds and related aspects of this group of people.
... are aged 40+. They must also live in the court area or within 15 miles of that area. They also have to give a commitment that they will sit in court a minimum of 26 times per year and that ...
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'Motive Is Synonymous With Intention'
... motive allowed him to escape criminal liability. The question raised here is the true meaning of intention and the reasons of its confusion with motive. To answer to this question, let's first examine the meanings of 'intention' to see whether similarities ...
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'One of the primary purposes of law is said to be the compensation of the claimant. However, ignoring issues of access to justice, the fact is that some claimants are compensated and others are not, even where the harm suffered is similar'.
... in tort some claimants are compensated and some are not, even where the harm is similar. This statement is strengthened by a large caseload in every area of tort law where this discrimination has happened. From examination and study of ...
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'Salomon v Salomon is an outdated case with little relevance to modern company law.' Discuss.
... its shareholders. In effect Salomon's principle as confirmed by Macaura v Northern Assurance Co. and Lee v Lee's Air Farming Ltd. helps form an image of a corporation as a 'depersonalised conception'[5], an object that is 'cleansed and emptied of ...
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'The distinctive character of the first (Community) pillar of the European Union can be seen not only in the kind of legal rules which are made under that pillar, but also in the relationship between those rules and rules of Member State law.' Explain.
... the European Union (Maastricht treaty) came into force on November 1st 1993, and on this date it became legally correct to refer to the European Community- changing from the European Economic Community to signify that there has been a change ...
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'The evolution of the equity of redemption can only be properly understood by reference to the complex interplay between the legal, economic, political and cultural dimensions of land ownership.' Discuss.
... by the due date and the terms of the agreement were otherwise satisfied. The common law courts construed these transactions strictly, such that if a borrower failed to repay the loan in full by an appointed date, the security was ...
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'The Land Registration Act 2002 makes a poor attempt at reforming the law of adverse possession' - Discuss this statement.
... the new '2002 Act' will come into force on the 13th October this year, therefore the existing law of adverse possession remains enforceable. The current law is archaic and has been subject to much criticism, the Law Commission have proclaimed ...
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'The role of the judge is to declare what the law is, and not make it'. Discuss this statement with reference to the theory and practice of both statutory interpretation and the doctrine of precedent.
... made by the judges who hear and try cases, they also listen to the evidence and the legal argument , from here they prepare a written decision stating which party is going to win based on the facts of the ...
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'The Supreme Court has too much power for an unelected body' Discuss
... has remained unchanged since 1869. These members are appointed by the president and must be confirmed by the Senate. The members hold office for life 'during good behaviour' (Article III, Section 1), but can also be impeached, tried and removed ...
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'Trial by jury is an outdated, expensive and inefficient method by which to decide the guilt or innocence of those charged with criminal offences. It should be abolished for all criminal trials'.
... the right to decide where the case was tried and magistrates would take the decision, the scrapping of the right to trial by jury for numerous offences. Defendants now have the right to choose jury or magistrates trial for a ...
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'Why might precedent cause problems for the development of the law?'
... incuriam', meaning in error. Thirdly, court hierarchy comes into contention, in which decisions made high up in the hierarchy are binding in all lower courts. Judges can overrule decisions made lower in court hierarchy and overrule past ...
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'Without Article 234 each Member State could develop its own version of Community Law' Assess the extent to which Article 234 prevents such fragmentation.
... has the same meaning and effect in all Member States. This is where article 234 comes into play as it provides an effective way of ensuring uniform application by providing an ultimate authority for deciding the correct meaning and interpretation ...
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132575
... 1934. Courts from Which the House of Lords Hears Appeals The House hears appeals from: * The Court of Appeal (England and Wales and Northern Ireland) (civil and criminal appeals); * The Court of Session in Scotland (civil); * A ...
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2000lw102
... by the courts, shows a constant struggle between the competing demands of certainty and social justice." Comment on this statement, illustrating your answer with examples from the case law. 2. ANSWER BOTH PART (a) AND PART (b) (a) Amber lives in Ash Cottage, ...
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313882 WHAT IS THE FUNCTION OF A JURY AND SHOULD
THE RIGHT TO JURY TRIAL BE RESTRICTED? The purpose of
this essay will be to explore the function of the jury and its role within the
Criminal Justice System. The proposition in the essay will be to adv...
... serious offences against the person that should be restricted. The primary aim of our justice system is to be fair and just and the rights of the defendant must be paramount, but we also have a responsibility to ensure that ...
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A (hypothetical) Constitutional Commission is considering how (if at all) constitutional conventions might be incorporated into the draft of a new Constitution of the United Kingdom.
... must law, and in that same respect conventions, since 'it is (widely considered) of the essence ...that constitutional issues evolve.'1 The ability to reflect the minute changes in public opinion, almost entirely independent of any awareness of the need for ...
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A Background to the Privy Council & its position in the Caribbean Commonwealth Judicial System
... and absolute court of appeal in civil and criminal matters for several independent countries that were once part of the British Empire, the U.K. overseas territories, and the British Crown dependencies [ref. to unit I for chart of the hierarchical ...
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A Changing View of Slavery.
... can be drawn from the two novels, Myne Owne Ground and Celia, a Slave. "As the following examination of free blacks in seventeenth-century Northampton County, Virginia, suggests, Englishmen and Africans could interact with one another on terms of relative ...
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A Critical Analysis of the laws that applies when relationship breaks down as a result of domestic violence.
... injunctive order to prohibit harassment, physical or verbal threat or fear of violence. On a long-term basis, new stipulation on divorce as contained in FLA 1996 specified a 'cooling of period' for married couple intending on divorce. This new procedure was ...
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A Critical Review of 'Property, Authority and the Criminal Law' by Douglas Hay.
... this was carried out, such as upper class control of the legislative process in parliament, reflected in legislation that mostly 'concerned offences against property', and in the actual prosecution process in which he suggests the judge, jury and character witnesses ...