Critical Analysis of the Extract of Lady Hale’s Judgement Introduction Throughout this essay, I will critically analyse the extract below from Lady Hale’s judgement in the case of Woodland v Essex County Council and to what extent this statement reflects the judicial approaches in the law of torts. The extract states: ‘The common law is a dynamic instrument. It develops...
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To explain the evolution of Equity with regard to cases and statutes and to discuss whether the argument over the doctrine of fusion is relevant today. Introduction The law is a body of rules that applies to certain defined circumstances and situations and does not provide for changes and variations presented by unprecedented circumstances. This unpredictability of the future may...
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1. Equity was created to supplement not to supplant the common law. Do you agree? The issue in question is whether equity came to take common law’s place or assist the common law in the judicial system. To understand this, we need to look at the creation of equity and how it came to affect the common law system. In...
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Abstract With the development of global economy, citizens' life condition has significant improvement in various countries. in case of this, these countries contribute to control the air pollution and improve the environment in order to offer a better surrounding for its people to live. Then, they try to limit the sales and production of cigarettes, even totally banning it; which...
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Abstract The following study intends to analyze the evolution of theories regarding the recognition of states in international law. Whereas the Montevideo Criteria contains the legal requirements for statehood, recognition is largely dependent on the political will of the other states. The question faced by the contemporary international community is whether a state is held to recognize another if it...
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Introduction Common law as we know it, also known as case law, can be defined as the system of law that is based on judges' decisions and on customs rather than on laws that are written. In other words, it is comprised of a set of unwritten laws based on precedents recognized by the courts. It is also important to...
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Abstract This essay brings an opinion to 2 cases: Newcrest Mining (WA) Ltd v Commonwealth and Western Australia v Ward. The first case argues that Australian laws overlook certain fundamental rights that would otherwise be covered by interpreting international laws. Therefore, it should be incorporated into the interpretation process of legislation and the constitution. The second case dissents this to...
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1. Identify the areas of law that are relevant to the chosen media report, and explain how they are relevant to the matters outlined in the report. This media report is based on the article from 31/07/2019 by Robyn Ironside “Widow sues CASA over Tiger Moth pilot’s fatal crash” Tort Law The main aspect of this article is that a...
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It is an inaccurate belief by abiders of the common law system that ‘judges play the central role in all legal systems.’ Religious, customary, and socialist legal systems and traditions, for example, do not revolve around judge-made law as common law does. This essay, however, will only deliberate the essential differences between common law and civil law systems. Comparisons will...
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Introduction to Domestic and International Laws Laws are systems of rules which are enforced in countries and states to control behavior. Domestic law is the name given to the law or legal system within a specific country, whilst International Law is the body of law that governs the relationship between multiple nations. These systems are created, applied, and enforced in...
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Question 1 – Compulsory Northumberland County Council’s main concern is their entitlement to the money that was entrusted to Aleena, their employee, and any remedies that will enable them in the repossession of the expended money. In order for the Council to retrieve the monetary sum, the trusted money can be traced through Aleena’s own account and her distribution of...
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Racism The issue of citizenship in America, together with voting rights, has been a hot debate over the years. This issue has led to most amendments in the great American constitution. These amendments include the 13th, 14th, and 15th, which have been termed as reconstruction agendas. However, people have misinterpreted these amendments, going contrary to what they advocated. Over generations,...
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Business Law The sale of the Rolex and Louis Vuitton bags by Mike Merchant is a misrepresentation because he is claiming to potential customers like Suzy and Samuel that the goods are real. Intentional misrepresentation which is also known as fraud is described when the party intends to induce another person to rely on this misrepresentation(Cheeseman). Mike could argue that...
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Does Growth Opportunity Moderate the Relationship between Leverage, Dividend Pay-out Ownership Concentration & Firm Value? Introduction Back Ground of the Study Corporate finance initially started with the assumption of complete and perfect market. It argued that fund raising is independent of its capital structure by assuming perfect competition cost, no agency cost and no bankruptcy cost, no transaction cost. Modigliani...
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The Career which I would like to obtain and currently pursuing is being a police officer or somewhere relatively in the same area, my goal is just to be in the law enforcement area of work. Now first I'll be talking about why being a police officer is a good job. When it comes to jobs what aspect do people...
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The worst form of inequality is to try to make unequal things equal. This quote by Aristotle sums up David Miller’s conjecture in the article, Against Global Egalitarianism. Miller’s work confronts and dismantles the view that there needs to be substantial equality between humans as a matter of justice irrespective of the society they belong to. As a nationalist and...
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“What goes around… comes all the way back around” –Justin Timberlake. What a fitting lyric from one of today’s biggest pop stars and one that fits the X Generation perfectly. Already, we have brought “back around” old styles of fashion and music. Now, as more of our generation begins to enter the political world we are seeing a change in...
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Should Recreational Use of Marijuana Be Legalized in All 50 States? Introduction Passing from various phases of its use in hem, ropes, and medicines, marijuana now has reached the point of discussions where its legality and illegality have stirred debates across the country. In America, the use of recreational use of marijuana is legal now in many states and in...
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Executive Summary Our team’s purpose in writing this report is to educate others on the topic of Marijuana; specifically the history, the medical and financial benefits, and laws regarding state and federal jurisdiction of the drug. The information used for our research came from reliable sources such as news articles from U.S. News and CNBC, Harvard Medical School Dr. Peter...
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Marijuana Should not be Legalized “For every deed, you do there is a consequence…” a quote from Sadhguru This is just like marijuana consumption because it has many benefits yet a lot of negative impacts on our bodies. Marijuana is a pulverized mix of dead leaves, twig, and floret of the plant Cannabis Sativa. There is also an alternative form...
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Introduction War is changing from conventional conflicts between nations to ‘small-wars’ as counterterrorism, counterinsurgency, ethnic and religious conflicts (Rochester, 2016, s. 10). The change is from interstate war to new wars involving nonstate actors and armed forces. The modern warfare post challenges to the United Nations (UN) Charter, the Geneva Conventions and other legal documents since they originated during World...
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The English word law has its starting point in the Old Norwegian word truly signifying “set down” which may allude both to something saw as a characteristic wonder, for example, the sun rising and setting each day, or to a lead set by people for controlling their shared conjunction. Henceforth, two sorts of laws might be recognized, to be specific,...
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The founding fathers considered various things to be important tools for maintaining freedom. Constitution is one of the tools and this explains why it has been amended over the years. The constitution has remained to be the supreme law of every sovereign nation. The constitution’s vast language is expounded by the principles outlined in the declaration. The founding fathers used...
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Criminal Law governs the society we live in by deeming what citizens living within its jurisdiction can and cannot lawfully do. Criminal Laws consists of statutes and common laws put in place by ruling governments or can based on previous case law. The laws are in place to help societies function in a fair and peaceful way and should be...
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Organisational Culture – The morals and behaviors of staff can have a massive impact on its culture which ultimately affects the employment relationship, especially if that culture is negative. It’s important to build a culture where employees have their job satisfaction and their work happily and at the same time cooperate with the management team. Culture ultimately shapes the employees’...
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The concept of equality requires equity to prevail. However, the history of social development is itself the past of inequality - between countries, race, culture, class, caste, faiths and sexual orientation. In between this chaos, the issue of women's rights reveals itself most prominently, cutting through all the stratums of social arrangement. In this regard, it is pertinent to quote...
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The fast-paced development of digital technology has opened a pandora’s box of new behaviours under online abuse, which negatively impacts individuals of all ages, particularly young people. The government’s task of successfully classifying online abuse as criminal offences, is becoming increasingly difficult. A topical issue is the problematic area of the criminal law surrounding ‘revenge porn’. This is defined as...
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Drug users have increased both nationally and internationally. Drugs/illicit drugs are substances that have both positive and negative impacts on the human body. Tye indicates the seven types of drugs include the following; stimulants, depressant, hallucinogens, dissociatives, opioids and lastly cannabis the worst of all. Each year millions of people die using illicit drugs. Drugs come in many shapes and...
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Even if none of the parties raises a claim of illegality in the course of arbitral proceedings, the tribunal might still be obliged to look into the issue sua sponte in light of its obligation to apply mandatory provisions of the law applicable to the dispute. For the arbitrators, criminal law is a mandatory rule of law. Under this scenario,...
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Prior to the 15th Century, incarceration itself was not considered a punishment, but rather a way of holding those who were in debt or awaiting trial. As well as common criminals, prisons at this time were also used to detain political prisoners, prisoners of war, slaves and those convicted of treason. Particularly in the case of the traitor, the prison...
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