Law Essays UK

Bondholder representation

18 Jan 2012 11:31:32 GMT

	Long-term debt securities or bonds issued to public investors often experience a collective-action problem. Bondholders cannot operate as a unified group when individual bondholder investments are fairly small reducing the monetary incentive to initiate or cooperate. Also what is worse is that the identity of bondholders persistently varies as public bonds are frequently traded.

Copyright Protection Patents

12 Jan 2012 10:31:32 GMT

	Petersen J, giving judgement in 1916, determined that copyright was concerned with protecting the ‘expression of thought’ and not the ‘originality of ideas’. Copyright does not require that an expression must be original – just that it is not copied from another work. This has led to a particular problem with television programme formats in United Kingdom law where there seems to be no protection in law of the basic idea in a format despite the fact that there is a growing business licensing these very format ‘rights’, however unique and original.

Petersen J, giving judgement in 1916, determined that copyright was concerned with protecting the ‘expression of thought’ and not the ‘originality of ideas’. Copyright does not require that an expression must be original – just that it is not copied from another work. This has led to a particular problem with television programme formats in United Kingdom law where there seems to be no protection in law of the basic idea in a format despite the fact that there is a growing business licensing these very format ‘rights’, however unique and original.

Law of evidence

03 Jan 2012 10:31:32 GMT

	Bill Cates 38 years old is charged with burglary of Daniel Edwards premises wherein he stole a valuable statuette. Bill has previous conviction for theft. Some of these convictions are for the theft of valuable works of art from private dwellings...

Legal Pluralism

7 Oct 2011 10:31:32 GMT

	The fundamentals of legal pluralism manifest itself in variety of ways. More often than not the co-existing systems of governance are arranged in a hierarchy based upon no intelligible basis. One such...

Migration Reform Act

7 Oct 2011 10:31:32 GMT

	The most recent [1]Migration Reform Act was enacted on 1 September 1994. However, there is still significant need for clarity and cohesion of federal immigration law and policy and...

International Monetary Fund

7 Oct 2011 10:31:32 GMT

	IMF was formed by the mental act of the representatives of 45 governments, in the town of Bretton Woods, New Hampshire, (northeastern United States) in July 1944[1] where they agreed to build up a...

International Law Treaties

7 Oct 2011 10:31:32 GMT

	The world has a very inclusive way of living which includes a lot of interaction, cooperation and collaboration between different countries, entities as well as people of different countries. This could lead ...

Indigenous Communities

7 Oct 2011 10:31:32 GMT

	Indigenous communities in the Western hemisphere are increasingly relying on international law and international fora for enforcement of their human rights. When there are no domestic laws that recognise...

FDI Law Libya

7 Oct 2011 10:31:32 GMT

	Foreign investors have been active in Libyan economy in the last few years . The laws governing their activities have been modified several times during that period, in line with enhancements made to the ...

Trademark Intellectual Property

7 Oct 2011 10:31:32 GMT

	Trademark is a distinctive sign, which identifies certain goods or services as those produced or provided by a specific person or enterprise. A trademark may be one or a combination of words, letters and...

Intellectual Property Rights Abuse

7 Oct 2011 10:31:32 GMT

	In history there is no connection between "abuse of intellectual property rights" or "intellectual property misuse" and the "abuse-of-right doctrine" in civil law. The first concept of "abuse" in IP law is "abuse of...

GM Crops Legal

7 Oct 2011 10:31:32 GMT

	"Anything under the sun that is made by man is patentable".[1] This doctrine was firstly reported by the committee responsible for rewriting for the US Patent Act 1952 and then popularized by US Supreme...

Women Human Rights

7 Oct 2011 10:31:32 GMT

	The significance of women's rights to property and inheritance has been recognized in a variety of international legal instruments. Setting the basic standards in human rights the Universal Declaration of...

Relationship between Patent Right and Human Right

7 Oct 2011 10:31:32 GMT

	There is an emerging trend, particular in the international circles to bemoan the human rights paradox in intellectual property. Before we step into the existing conflict between the intellectual property rights...

European Court Human Rights

7 Oct 2011 10:31:32 GMT

	The European Court of Human Rights is so far the only judicial body where a victim of grave human rights violations in Chechnya can assert his or her rights and obtain just satisfaction. The Court has to...

Appellate Advocacy

7 Oct 2011 10:31:32 GMT

	On the morning of August 4, 2007, the United States Navy sent a submarine out for testing at around 1:00 a.m. (R. at 1.) The Navy’s public recruiting materials claimed the submarine possessed...

Human Cloning Legislation

7 Oct 2011 10:31:32 GMT

	The health policy chosen for the discussion in this paper is Australia's regulatory framework passed in year 2002 and effective from 16 Jan 2003, governing the research related to human cloning and Stem...

Evolution Health

7 Oct 2011 10:31:32 GMT

	Chapter 3: Evolution of Health Care Entitlement Policy & Application of Medical Charges for Failed Asylum Seekers...

Tort Law and Negligence

7 Oct 2011 10:31:32 GMT

	Tony Twist began his NHL career in 1988 playing for the St. Louis Blues, later to be transferred to the Quebec Nordiques, only to return to St. Louis where he finished his career in 1999, due...

Internet Terrorist

7 Oct 2011 10:31:32 GMT

	The greatest threat today, faced by the world, is a threat by an unseen, unknown enemy. In fact 'If no one in particular is the target then no one in particular can feel safe about it'. The ambit of the word...

Contract Law Breach

7 Oct 2011 10:31:32 GMT

	If we need legal help or advice, we need a lawyer. People use lawyers for many reasons - business and personal. Lawyers deal with a wide range of cases including wills, real estate, leases, contracts...

Seperate Legal Entity

7 Oct 2011 10:31:32 GMT

	Separate legal entity means that is a different legal existence to individual members or stockholder who as natural person of company. A company may sue and be sue in its own name and holds property...

MTIC Law

7 Oct 2011 10:31:32 GMT

	In order to fully answer the question it is crucial to discuss the meaning of law on zero-rated VAT supplies and the meaning of the Missing Trader Intra-Community Fraud (MTIC) first...

Malaysian Company Law

7 Oct 2011 10:31:32 GMT

	Separate legal entity means that is a different legal existence to individual members or stockholder who as natural person of company. A company may sue and be sue in its own name and holds...

Limited Liability Partnerships

7 Oct 2011 10:31:32 GMT

	In some ways limited liability partnership (LLP) is similar and the mirror of the general partnership, except that the individual's members have fewer liabilities to the debt that...

Ewing Oil

7 Oct 2011 10:31:32 GMT

	Question 1. Ewing Oil, Inc. is a Delaware corporation with its principal place of business in Dallas, Texas. The Ewing family controls 60% of its stock and the Barnes family owns...

Charities Act

7 Oct 2011 10:31:32 GMT

	(In recent years the test of "public benefit" in relation to charitable trusts has been the subject of much debate both inside and outside government, concluding for the moment in the Charities...

Company Law Assessed

7 Oct 2011 10:31:32 GMT

	By virtue of s.1[1], a company means a company formed and registered under the Act. A company is said to be regarded as a limited liability company if the liability of its members is restricted to the...

The Ohrid Framework Agreement

7 Oct 2011 10:31:32 GMT

	Unexpectedly and dramatically, in 2001 a civil conflict erupted between ethnic Albanian insurgents belonging to an armed group known as the National Liberation Army (NLA) and Macedonian...

Sources of international law

7 Oct 2011 10:31:32 GMT

	There must be some accepted criteria according to which ‘laws’ are established in any legal system. By the sources of international law we mean the places where its rules and principles...

Scope of SEBI Takeover regulations

7 Oct 2011 10:31:32 GMT

	Scope of SEBI Takeover regulations- Takeover code does not apply to overseas transactions towards friendly or peaceful takeovers( Bharats Mergers Amalgamations & Takeovers by J.C...

Authority of international law

7 Oct 2011 10:31:32 GMT

	Every society whether it is small or large, weak or powerful, has formed for itself a framework of principles within which to develop efficiently. Law is that element which binds the members of the ...

Overthrow The Government Of Ravisia

7 Oct 2011 10:31:32 GMT

	Two years later, Donovan, a national of the Republic of Malin, currently residing in Alicanto, conspired with four nationals of Ravisia to overthrow the government of...

DUBLIN CONVENTION

30 Sep 2011 12:21:52 GMT

	The Dublin Convention of 1990 is largely based on grant of ‘asylum’ and other related rights of refugees. The predecessor of Dublin Convention is the UN Geneva Convention (Relating to the...

Control over the acts of the Commission

30 Sep 2011 12:21:52 GMT

	Every developed legal system must have a mechanism for testing the procedural and substantive legality of measures adopted by its institutions. In the European Community it was of an utmost...

Private Security and Liaison Committee

30 Sep 2011 12:21:52 GMT

	Two minimum qualifications and selection criteria for private security are analyzed and compared in this report; one being more of a suggested generalized standard, while the other is patterned for a specific...

Tools & Trade Enterprise

30 Sep 2011 12:21:52 GMT

	On the 22nd February 2009, I, Anthony Clark as a trainee solicitor working for Stanley Dodds & Co. was tasked by my principle, John Willow to draft a letter of opinion in relation to a proposed legal action...

The effect of minimum wage on unemployment in the UK

30 Sep 2011 12:21:52 GMT

	The paper tries to find out the effect of the introduction of National Minimum Wage on the Unemployment .The Research Does not focus on the effect on the individual sectors or on the social classifications. We try to provide a boarder picture on the issue and use data analysis to find out the effect of National Minimum wage on the unemployment in the UK. Our study has found that there is no negative effect f the National Minimum Wage on the unemployment in the UK.

The paper tries to find out the effect of the introduction of National Minimum Wage on the Unemployment .The Research Does not focus on the effect on the individual sectors or on the social classifications. We try to provide a boarder picture on the issue and use data analysis to find out the effect of National Minimum wage on the unemployment in the UK. Our study has found that there is no negative effect f the National Minimum Wage on the unemployment in the UK.

Concept of International Law

Thu, 22 Sep 2011 12:21:52 GMT

	In what way do the standards, guidelines and "codes of conduct" of non-governmental and intergovernmental organizations contribute to our concept of international law?

Private international law and public international law

Mon, 19 Sep 2011 12:21:52 GMT

	Law performs a lot of functions and plays an important role in the successful operation of society and business. Without laws to govern the actions of people and business, the society will not be able to function effectively, and at the same time commerce would likely collapse.

Private international law and public international law

Thu, 15 Sep 2011 12:21:52 GMT

	Private international law includes regulation of relations between states, legal entities and individuals on various private matters such as matters of copy rights, inheritance, jurisdiction, labour relations, civil or human issues, marriage and divorce, and many other topics. Some people consider private international law as the business law of the world.

An issue of fact

Tue, 13 Sep 2011 12:21:52 GMT

	“When an issue of fact has to proved in a court of law it is necessary to first consider the burden borne by the parties.” [1] The nature of this burden remains to be one of the most controversial and complex issues in the field of modern evidence law. When examining where the burden of proof should land in any legal proceeding there are two distinct issues that arise. Firstly, the matter of producing evidence and secondly the matter of proving facts.

“When an issue of fact has to proved in a court of law it is necessary to first consider the burden borne by the parties.” [1] The nature of this burden remains to be one of the most controversial and complex issues in the field of modern evidence law. When examining where the burden of proof should land in any legal proceeding there are two distinct issues that arise. Firstly, the matter of producing evidence and secondly the matter of proving facts.

Contract formation relating to consent

Thu, 08 Sep 2011 12:21:52 GMT

	This is a question about contract formation relating to consent, defences against formation and termination of contract on basis of non performance. It deals in particular with undue influence, unconscionable conduct, capacity and misrepresentation.

Harvard Law Essay Reference Generator

Sat, 03 Sep 2011 12:21:52 GMT

	Welcome to your very own Harvard law essay reference generator. To get started, choose your Harvard law reference from the drop down list above and watch you Harvard law reference appear before your very eyes!

Traditional Incarceration and the Community

Thu, 01 Sep 2011 12:21:52 GMT

	For a long time, the judiciary has shown its protest over the issue of overcrowding within its prisons. As a result, there have been increased efforts in the last few decades to develop certain ways to deal with the convicts and where to put them (Anderson, 1997). In this regard, some options have been developed recently. These include-

Parliament Court Act

Fri, 26 Aug 2011 12:21:52 GMT

	The views of Sir Anthony Clarke MR in the Court of Appeal and those of Smith LJ in the High Court in the case of R (Haw) v Secretary of State for the Home Department are fundamentally irreconcilable. I shall outline the reasoning of both judges first, and then critically analyse and compare the two.

Legislation applied by the judiciary

Wed, 24 Aug 2011 12:21:52 GMT

	Primary legislation is the written laws made by the existing government. It is the way through which the government of the day carries into effect its own manifesto. Also known as Acts of Parliament, there is a distinct process by which any proposed laws must pass through before subsequently getting onto the statute book.

Legal Writing Structure

Mon, 22 Aug 2011 12:21:52 GMT

	In the first instance, careful planning, sound research, a considered structure and excellent legal writing are the basis of a good piece of legal writing. Well-conducted research acts the foundation then the structure should be laid out always keeping in mind legal question/hypothesis set.

Battery Infliction and Consent

Thu, 18 Aug 2011 12:21:52 GMT

	The tort of battery is committed by the actual and intentional infliction of unlawful force on another without the consent of the latter or without any lawful justification. To be liable for battery, 'hostile touching' must be present. The general rule is that a competent patient has the right to refuse treatment, and medical treatment without consent, or in disregard of a valid advance refusal, amounts to a battery. Consent may be expressed in words or implied by conduct.

The tort of battery is committed by the actual and intentional infliction of unlawful force on another without the consent of the latter or without any lawful justification. To be liable for battery, 'hostile touching' must be present. The general rule is that a competent patient has the right to refuse treatment, and medical treatment without consent, or in disregard of a valid advance refusal, amounts to a battery. Consent may be expressed in words or implied by conduct.

Kudler Foods Organic

Tue, 16 Aug 2011 12:21:52 GMT

	Kathy Kudler, owner of Kudler Fine Foods, has decided to expand her business by using local growers of organic produce as well as starting a catering service. As a result of this decision, Kathy has many questions that she will need to ask herself regarding doing things legally. Kathy will first need to determine the legalities in shutting down these departments in addition to figuring out what obligations she has to her employees.

Kathy Kudler, owner of Kudler Fine Foods, has decided to expand her business by using local growers of organic produce as well as starting a catering service. As a result of this decision, Kathy has many questions that she will need to ask herself regarding doing things legally. Kathy will first need to determine the legalities in shutting down these departments in addition to figuring out what obligations she has to her employees.

Succession Of States | International Law

Wed, 03 Aug 2011 12:21:52 GMT

In International Law, the " 'succession of states' means the replacement of one State by another in the responsibility for the International relations of the territory" It is important to highlight from the onset that 'Sovereign states, and not their individual governments, are the primary subjects of International law'. State succession can only be said to occur when there has been a transfer of sovereignty over a particular territory and a resultant discontinuity in statehood and its affiliated responsibilities.

Great Peace Shipping Common And Unilateral Mistake

Mon, 01 Aug 2011 12:21:52 GMT

	Explain the effect of Great Peace Shipping Ltd. v. Tsavliris Salvage (International) Ltd. [2002] EWCA Civ 1407; on the doctrines of common and unilateral mistake. What difference, if any, has this case made to the previous understanding of unilateral mistake, and do you agree with the principle which it lays down?

Mott MacDonald Case Study

Thu, 28 Jul 2011 12:21:52 GMT

This report is situated in the field Management Sciences in general and studies of Business strategy in specific, which is broadly the study of business, plan to achieve its business objectives. It is a case study on Mott MacDonald, about creating strategic direction. A consultancy company is taken as model in order to observe, analyse and understand the overall business strategy of the company. This case study focuses on how Mott MacDonald stands out in its competitive environment by using the skills and knowledge of its people to achieve its business purpose. (Case study 1)

Equity and Common Mistake

Wed, 27 Jul 2011 12:21:52 GMT

	Denning LJ's argument in Solle v Butcher has been criticised in many respects. His quick dismissal of Bell v. Lever Brothers was short-sighted; in fact every judge considered the position of equity and disallowed its jurisdiction 1. Furthermore, it has been argued that if equity was allowed in this case, the outcome would still have been the same 2 ; yet Denning LJ claimed the opposite

Equity and Common Mistake

Wed, 27 Jul 2011 12:21:52 GMT

	Denning LJ's argument in Solle v Butcher has been criticised in many respects. His quick dismissal of Bell v. Lever Brothers was short-sighted; in fact every judge considered the position of equity and disallowed its jurisdiction 1. Furthermore, it has been argued that if equity was allowed in this case, the outcome would still have been the same 2 ; yet Denning LJ claimed the opposite

Maritime Business Law

Tue, 26 Jul 2011 12:21:52 GMT

	What are the principle distinctions between Partnerships and Companies registered under the Companies Act (Cap 50 of the 1994 Revised Edition of the Singapore Statutes)? How may a Partnership sue and be sued?

How to structure a law essay

Thu, 21 Jul 2011 12:21:52 GMT

	To produce a good law essay structure, the writer should draw up an essay plan to set out the argument(s) which he or she intends to present. The introduction should start with the main points of the argument, and follow by indicating how the arguments will be delivered by each paragraph...

Understanding Crime and Community

Wed, 20 Jul 2011 12:21:52 GMT

	Crimes are major issues that affect people living in a given community. The events of crimes do occur in many areas all over the world. There are massive classes of crimes which are committed in various communities every day. Some of the crimes are concerned with violence against humanity such robbery with violence, sexual assault and prostitution, kid napping,

The principle in Salomon v A Salomon

Fri, 24 Jun 2011 12:21:52 GMT

The main issue relates to corporate entity or personality, a company being a legal entity independent of its members, can enter into contracts and own property in its own right, can sue and be sued and also taxed in its own name.The principle of corporate entity was established in the case of Salomon v A. Salomon 1, now referred to as the Salomon principle. The facts of this case were that the owner of a business sold it to a company he had formed, in return for fully paid-up shares to himself and members of his family, and secured debentures. When the company went into liquidation, the owner, because of the ownership of the debentures, won his claim to be paid off in priority to other creditors, as the secured debt ranked at a higher priority to those debts and successfully proved that he did not have to indemnify the company in respect of its debts, as it had a separate legal personality...

Murder Jury

Thu, 23 Jun 2011 15:41:52 GMT

This case is not a simple case of murder. We have to look the circumstances so before going further we will define murder. There is not specific definition of murder but the famous judge and former Lord Chief Justice of England laid down his definition of murder. A man of sound memory and the age of the discretion unlawfully killed with in any county of the realm any reasonable creature in rerum nature under the kings peace , with malice aforethought, either expressed by the party or implied by law, so that the party wounded or hurt etc. die of the wound or etc. within a year and a day after the same...

Criminal Evidence

Wed, 22 Jun 2011 13:53:52 GMT

PACE Act 1984 gives police power to arrest any one whom they reasonably suspect to be committing, or have committed or to be about to commit an arrestable offence. Before 2004, only the offences of serious nature were deemed as arrestable. But in 2004, Home Office produced a consultation paper which proposed that all offences should be classified as arrestable. Murder is no doubt an arrestable offence. When police wanted to arrest Lucius in connection with murder of his former girlfriend, he did not cooperate with the police. Instead of courting arrest voluntarily, he struggled with them. He might have been terrified because of his ignorance about law. It was the duty of the police officers, laid down clearly in PACE Act 1984, that they should inform the suspect about his arrest. It was also imperative upon them to persuade him to court arrest voluntarily by explaining the requirement of law to him. Even then had he not cooperated with them, only then PACE allowed them the use of reasonable force. But, taking recourse to the shortcuts, the police violated the rights of the suspect given to him by PACE. Thus in order to affect the arrest, the police used force. PC Slytherian hit him with an ASP. This falls clearly in the category of inhuman and degrading treatment. This is a typical case of breach of human freedoms authorized by PACE. PC Slytherian can be accused of clear violation of the Human Rights Act 1998...

Punishment Ethics

Thu, 28 Apr 2011 13:41:52 +0000

What is ethics. It originates from the Ancient Greek ethiko, which is the adjective of ethos which means custom or habit. Within criminal justice, there are ethics that are applied by the parties that are involved. Such parties involved are the zealous advocates and the moral agents. The prosecutorial department has to do with the practices that are involved. The cases and the way they are handled depend on the people involved in the case. This makes them determine what method to apply and the expected outcome. This sometimes contradicts their moral ethics in the institution. Depending on the way they handle the case, it is differentiable whether there will be a prosecutorial discretion or it is misconduct. Incase one party is favored for the sake of personal interest of the parties in the attorney, this may be referred as misconduct but if it is done for the good of the parties involved, it may be termed as prosecutorial discretion. Ethics can be termed to be personal it can be termed to be the personal decision and efforts to remain or rather to survive in a place. It deals with the concepts of good or evil, right or wrong.

Criminal Pretrial

Thu, 28 Apr 2011 13:19:52 +0000

The Federal Criminal Pretrial Process covers the issues related to basic civil litigation tasks such as drafting pleadings, interviewing and counseling clients, originating facts, preparing interrogatories, claiming depositions, and filing motions. All stages of pretrial litigation are covered comprehensively, pragmatically, and succinctly without being over-simplified in the Pretrial Process. Each step in the federal criminal pretrial process is important and requires a defense attorney knowledgeable in federal criminal law so that the most effective and aggressive representation can be made. In pretrial process, the government attempts to show all of the charges against an accused with reasonable doubt. Government tries to exhibit all of the evidences they have before the jury so that they can make a decision whether the person is guilty or innocent. One of the key features of guilt or innocence is the use of informants who are part of the criminal case. These informants may be lacking in credibility, but are often considered by jurors because their information is affirmed by federal agents or police officers. Discrediting those witnesses is critical for successful litigation at trial.

Criminal Liability Manslaughter

Thu, 28 Apr 2011 12:48:52 +0000

A trained nanny was charged with manslaughter after forcing a child in her care to digest a large amount of salt. Although the child began to have convulsive reactions, the nanny did not seek medical assistance, nor did the parents after they returned. The child subsequently died as a result of the overdose of salt. The nanny had intended her act to be a punishment for the child's refusal to eat properly. The parents had instructed the nanny that she could exercise whatever disciplinary measures that she thought were proper if the child misbehaved.

Company Negligence

Thu, 28 Apr 2011 12:25:52 +0000

The modern law of tort recognises the principle of negligence and the way in which duties can be imposed on one individual regarding the way they act towards another individual. This concept of a duty of care has resulted in numerous actions being taken against people where it is thought that the individual in question has somehow fallen short of his duties to another. Negligence, as a concept, is actually relatively new in English law. The tort of trespass was the main course of action until the twentieth century whereby anyone who felt that they had suffered a loss as a result of anothers actions had to rely on bringing a residual action, normally in the form of an action against trespass to the person or chattels, depending on what had been damaged.

Actus Reus - Assault & Battery

Thu, 03 Mar 2011 16:30:39 +0000

George, returning home after several pints of beer believes along with Harold and Ivor that he is witnessing an attack and throws a bottle into the darkness. The bottle hits a wall and then hits Harold briefly knocking him unconscious. George has the requisite actus reus to be convicted of any of the following; battery; an assault occasioning actual bodily harm, under section 37 of the offences against the persons Act and Grievous Bodily Harm under section 20 of the Offences Against the Persons Act. The actus reus for battery consists of applying unlawful force to another, and the force can be applied indirectly as in the case of Fagan v Metropolitan Police Commissioner1 and a mere touch can be sufficient - R v Thomas. 2 The maximum penalty carried here is six months 3 . The knocking down of Harold with the bottle however would seem to be of greater gravity then a mere battery, and would be more likely to constitute the actus reus of actual bodily harm, which requires that the actus reus of assault or battery be shown, but in addition that the actual bodily harm includes hurt or injury calculated to interfere with health or comfort,4. and that the injury should not be so trivial as to be wholly insignificant.5 The maximum penalty here is five years.6 As it is for the offence of grievous bodily harm,7 however for George to have the relevant actus reus the harm must be really serious harm,8 and in order to inflict, again there need not be any actual direct application of force as can be seen from the case of R v Ireland and Burstow. 9. In order for the wounding to constitute the relevant gravity it must be shown that Harold received a breaking of the skin, though there need not be bleeding as grazing is sufficient, strangely internal bleeding will not constitute grievous bodily harm as shown in the case of C (a minor) v Eisenhower,10 which as Elliott and Quinn point out is somewhat strange as a pin prick that draws blood would constitute sufficient harm.

Criminology Essay - Criminal Justice

Thu, 03 Mar 2011 16:29:52 +0000

The crime rate in Britain will only be significantly reduced if the death penalty is introduced for a wide range of serious and persistent offenders. This criminology essay analyses the past and future of the death penalty in Britain, examining the rationale for abolition in 1965 together with the potential and merits of re-introduction in the future. The death penalty was abolished in 1965 in Britain following a 1953 Royal Commission and pressure by abolitionist groups. While the 1953 Report went outside its remit, to examine the effectiveness of hanging, it addressed the issues of deterrence and retribution; often heralded as the twin foundations of the death penalty and consequently used as the main arguments for the failure of the punishment.

Law of Copyright

Wed, 02 Mar 2011 14:11:06 +0000

The applicability of the CDPA 1988 to infringing internet material, despite the implementation of the EU Information Society Directive 2001 , is unclear to those unraveling the regulatory protection of copyrighted material published on the web. The legal extent of ISP liability, it can be argued, is less problematic to identify. This paper identifies problems applying copyright law to internet disputes. Existing case law examining the liability for ISP providers, through the example of file sharing, will be discussed. [New Guarantees] The internet, a global network of information, highlights the first problem applying CDPA legislation to infringement on the web. The internet is a 'borderless' infrastructure to regulate, challenging the jurisdiction and suitability of traditional legal copyright ideas, being applied to infringement disputes located within the global spirit of the web. The CDPA is national in outlook and limited, it can be suggested, in responding to such disputes. For example the JET Report involved contentious 'Broxtowe Files' published on the net. The copyright holder Nottinghamshire Council initiated infringement action ordering the deletion of the report from the internet. Based on the CDPA the result was inadequate in practice. The majority of infringers 'did not comply' as 'UK Copyright legislation is not enforceable in other countries' unless bound by international IP treaties. This typifies the problem argues Atheneskou; national legislation is 'rendered ineffective by the international nature of the web -which defies jurisdiction.' This dichotomy lies at the heart of applying the amended CDPA 1988 to protecting copyrighted work in 'cyberspace'- a virtual realm of networks, which transcends physical, and national legal jurisdictions of IP frameworks regulating the space.

The Law and Corporate Social Responsibility

Wed, 02 Mar 2011 14:10:21 +0000

Limited Liability in tortuous conduct has been the reigning convention in corporations for a long time. This rule has attributed to creating inducements for excessive risk taking. Incentives are created as corporations are allowed to avert entire cost of their activities. These inducements are considered to be the cost of procuring efficient capital funding. Many voices have been raised to curtail limited liability for corporations to ensure a check over their worst abuses (Hansmann and Kraakman, 1991). Limited Liability A company would be liable for the debts that it incurs, and upon ending up, creditors will have no claim to the personal assets of its members, unless there is a guarantee [ref.]. This concept of limited liability is based on the notion that when a company undergoes incorporation, it dons a corporate personality of its own which is independent of its members. Many people in the past and present have called for proportional liability on shareholders for the tortuous conduct, which has surpassed the value of the firm's total assets. The argument presented in this aspect is that unlimited liability would extenuate the company incentives to invest more in risky industries and to invest less in precautions. The most difficult part of this is the problems faced while applying the rule across international jurisdictions. But these objections are not strong enough to outweigh the benefits offered by unlimited liability.

Law Arbitration Public

Wed, 02 Mar 2011 14:09:34 +0000

In West Tankers Inc v Ras Riunione Adriatica di Sicurta SpA (The "Front Comor"), English Law is to be administered and contained a clause mentioning that arbitration will take place in London. It was chosen by the parties in contract that English Law to be governing law and seat of the arbitration will be London. It was done on basis of neutrality and availability of legal services. The principle of autonomy of the parties gives them these options. In choosing the governing law and arbitral seat, parties will choose according to the safe guard of public policy. In the process of arbitration, courts will not intervene. Forum of arbitration is selected because parties want to remain outside of procedures of national courts. They are in favour of privacy and informality. In this case, choice might affect the substantive rights of the parties and give arbitrators the right to act as an amiable compositeurs or can apply broad equitable considerations or lex mercatoria. Arbitration is used to settle commercial disputes in which parties agree for settling their future disputes and will use arbitration procedure to settle any disagreements among them. They will refer the dispute to the third party which will help them in resolving it and will give his final decision in the form of an award and that third party is called the arbitrator.

Land Registration System

Thu, 24 Feb 2011 15:50:02 +0000

The mirror principle states that the details on the register must be an exact reflection of the land itself. If the land is subject to one restrictive covenant, there is one restrictive covenant on the register. The point is that anyone who enters into a transaction for the land will know what the situation is regarding ownership. Is this ideal scenario present in England and Wales? The difficulty is the existence of 'overriding interests'. These are rights that are not present on the register but are nonetheless binding. They distort the mirror image and prevent a perfect reflection. Traditionally, numerous interests have existed. There is no doubt that the Law Commission has made perfect reflection a priority; it was held up as a "guiding principle" , and in 1984 they proposed to "close the cavernous crack in the mirror…" In spite of these good intentions, overriding interests are still in existence. Section 29(1) of the Land Registration Act 2002 retains the effect of overriding interests and although certain interests have been erased , Schedule 3 to the Act provides four separate categories of overriding interests that will bind even if not on the register. Thus the register is not a perfect reflection of reality. It is clear that the mirror principle is not entrenched in the England and Wales system because of the existence of overriding interests.

Land Registration Act 2002

Thu, 24 Feb 2011 15:48:07 +0000

Interests in land that cannot be registered as separate titles are either overriding interests or interests which need protection on the register. Overriding interests are enforceable without being protected on the register and bind a registered proprietor and his transferee despite the fact he does not know of their existence. This means overriding interests effectively detract from the principle that the register should be a mirror of the title. Under the old regime of the Land Registration Act 1925, overriding interests were listed in section 70 (1) which states these to be "all incumbrances, interests, rights, and power not entered on the register but subject to which dispositions are to take effect." If however, an overriding interest appears on the register (as in Re Dance Way, West Town, Hayling Island) then its protection under this category is superfluous. It will cease to bind as an overriding interest and its protection is then the protection of a minor interest on the register. The grounds for reform of overriding interests contained in the Land Registration Act 2002 ("LRA 2002"), arose as a result of criticism of the category of overriding interests under the Land Registration Act 1925. Overriding interests caused uncertainty and have been the subject of several reports attempting to deal with the problems, culminating in the LRA 2002.

Land Ownership, Purchase, and Sale

Thu, 24 Feb 2011 15:47:42 +0000

The enactment of the Land Registration Act 2002 is a fundamental watershed in English land law and represents the culmination of the process of transition to a comprehensive system of registration of title, which has taken more than a century. Whilst some land will no doubt remain unregistered for many years to come, the statutory system of registration is now indisputably the norm. In 1925, English land law was the focus of comprehensive statutory reform. The Land Registration Act (hereinafter LRA 1925) was enacted in an attempt to simplify the ownership of land and, in a modern context, establishes the basic framework of contemporary English land law. The 1925 Act remodelled the system, eliminating many difficulties and founding the Land Registry, to govern the ownership of the transfer of land and replace the doctrine of notice as a means of determining priority issues. This process has since been reformed with the endorsement of the Land Registration Act 2002 (hereinafter LRA 2002). The LRA 2002 is the product of several years work by the Law Commission and the Land Registry and has been explained as potentially more far- reaching than the reforms enacted by its predecessor. In this essay, the writer will seek to present a clear and comprehensive exposition of the law in relation to the LRA 2002. The writer therefore endeavours to take account of all major developments, specifically in relation to the freehold ownership of land, which is the main area to be reformed, although the arguments are by no means exhaustive.

Land Law Assignment

Wed, 23 Feb 2011 14:38:22 +0000

Land Law Assignment: critically analyse the impact of the decision of the House of Lords in Street v Mountford [1985] AC 809. In 1985, the House of Lords delivered their verdict on the case of Street v Mountford, and thereby ushered in a monumental change to the landscape of the law of property. The case concerned an agreement between the parties granting a right to occupy two rooms. The agreement was subject to notice period to quit of 14 days. The parties called the agreement a 'licence agreement'. One of the parties, the occupant, signed an agreement, or rather a declaration, stating that she understood that the agreement did not create a lease protected by the Rent Act 1977. The occupant and her husband then moved into the premises, but subsequently sought a declaration as to whether they were there by virtue of a lease or a licence. The case therefore became a landmark case in distinguishing between a lease and a licence, and sought to clarify this difference for future purposes. Briefly, the House of Lords held that as there had been a grant of a term, at a rent, and crucially, with exclusive possession, the agreement constituted a valid lease. The simple fact that the parties (namely the landlord) had attempted to call the agreement a licence was immaterial, as there was in fact exclusive possession.

Justice Crompton in R v Leatham

Wed, 23 Feb 2011 14:37:48 +0000

This is a much debated and analysed quote. Does it mean that the police and the Crown Prosecution Service in England and Wales can source information by any means necessary and in spite of the method it will be admissible in a court of law? Or does it mean that a message is being sent to criminals, that if they commit a crime they must not assume that all methods of obtaining evidence to prosecute them are limited? Does it condone the theft of evidence for the purpose of using it to convict a defendant? If it does surely this is at odds with criminal law and in particular s.1 of the Theft Act of 1968, s.7 of which prescribes a maximum of seven years prison on conviction on indictment. Regardless of the specific reason or meaning (which in any case presumably there are many), the impact of this statement by Justice Crompton is far reaching. The Criminal Justice Act of 2003 even extends the range of evidence that is admissible, so defendants definitely have little to hide behind. I will structure this discussion by looking at how this statement affects the evidence that has been improperly obtained. I will then look at is relevance with reference to confession evidence. I will then look at hearsay evidence under the Criminal Justice Act. Firstly however, I will look at the background of R v Leatham [1861] and the context of Justice Crompton's statement. By the end of this analysis we will have a full understanding of the impact of this statement in light of the English law relating to Criminal Procedure and Evidence.

Justice Crime Punishment

Wed, 23 Feb 2011 14:37:17 +0000

The essential distinction in perspective between the legal commentator and the novelist is that while the former is required to adopt an objective approach, the novelist is allowed a subjective viewpoint and is able to explore issues such as character and motivation to a depth and with a freedom that academic analysis of crime, its perpetrators and the consequences to them of their actions cannot permit. This is most clearly demonstrated by the inclusion in the title hereof of the concept of justice. This is a familiar concept which is taken for granted in everyday life and while individual interpretations may vary, there is general agreement upon the existence of some moral framework as a foundation for civilised society. A legal practitioner or jurisprudent, while not finding the term justice exactly repugnant, would certainly regard it as unhelpful as a measure for everyday application. The dichotomy between the lay perception of such concepts and their usefulness in the operation of the criminal justice system is illustrated by the apocryphal exchange between the exasperated judge when confronted with a technical objection to testimony - Am I not to hear the truth? - and pragmatic counsel who replied, No, your Lordship is to hear the evidence!

Journalist Freedom Expression

Thu, 17 Feb 2011 16:29:55 +0000

This paper will look to effectively consider whether section 10 of the Contempt of Court Act 1981, as judicially interpreted and applied, reflects Justice Meyer's view inGoodwin v. United Kingdom. Therefore, with this in mind, it will be necessary to outline what is meant by the 'freedom of expression' and section 10 of the Contempt of Court Act ('CCA') 1981, in the context of journalists and the protection of their sources, so as to determine their nature and scope. Then, following on this, it will be necessary to consider how the two interrelate and the problems with looking to recognise this relationship, before looking specifically at the decision inGoodwin v. United Kingdom, how the law has since developed, and how such matters have been dealt with in another jurisdiction, so as to effectively conclude upon this issue. Therefore, to begin with it is important to recognise the fact that, for anyjournalist, protecting the confidentiality of their sources is an integral part of their work because of the fact that they would be unable to carry out their jobs effectively without the trust of primary sources on the scene of some of the biggest news stories.

International Sale Contracts

Thu, 17 Feb 2011 16:29:32 +0000

Termination can occur through the withdrawal of consent by any party. This can take either of two formats, firstly, through mutual consent which is self explanatory or, secondly, through unilateral action. This is where a party withdraws consent to continue, involving the renunciation of an agency or the revocation of a principal. Neither of these requires a formal agreement. If no fixed time duration has been initially agreed then, termination can occur if reasonable notice is given. Reasonable depends upon a variety of concepts, but in Martin Baker Aircraft Co. Ltd v. Canadian Flight Equipment Ltd. it was agreed that conditions of termination were to be held as being reasonable.

International Law

Thu, 17 Feb 2011 16:28:59 +0000

This assignment will consider the question as to what extent international law protects the rights of women who are also members of minority groups. It will explore the current international law and the prohibition it places on discrimination against women and minority groups. It will be argued that whilst the law currently provides both adequate protection against minority groups and women independently it does not provide adequate protection against women who are also members of minority groups. In 1948 the Universal Declaration of Human Rights was agreed between various states, this represented an undertaking by countries around the world to establish a basic common standard of human rights. This document prohibits discrimination on grounds of race, religion, or sex. The human rights principles of this Declaration, include the right to freedom of religion and conscience and the right to enjoyment of one's culture. At the same time, these principles include women's right to non-discrimination. The 1966 International Covenant on Civil and Political Rights (ICCPR) and International Covenant on Economic, Social and Cultural Rights (ICESCR) both included a clause guaranteeing the enjoyment of the rights under them without discrimination between men and women occurring in the countries who subscribed.

International Commercial Law

Tue, 15 Feb 2011 16:51:58 +0000

Transnational commercial law is the product of many international conventions, model laws, contractually incorporated uniform rules, international restatements, and conscious or unconscious legislative or judicial parallelism; all of which, in the words of the leading academic in this field Roy Goode, "lead to the harmonisation of commercial law at the international level". This harmonisation has been necessitated by the unprecedented scales of complex commercial transactions that now take place daily in our globalised society. Many contractual disputes of this nature are now settled by arbitration, which in itself creates a different kind of law. The dominance of New York and London as trade and financial centres has been rivalled by the recent emergence of developing markets in China, India and Japan. English law has long dominated international trade as the express governing law chosen by many a contracting multi-national corporation. However, as we will examine below there may be advantages of diverting now from the common law system and its complex rules on choice of law and moving to accept the terms of the United Nations Convention On Contracts For The International Sale Of Goods (referred to here as CISG or Vienna Convention) 1980 in this area. An associated question to that of the benefits that the Vienna Convention might bring to buyer remedies is whether the possible creation of a global lex mercatoria in part through the adoption of the Vienna Convention would be beneficial to the parties involved.

Intellectual Property

Tue, 15 Feb 2011 16:51:29 +0000

	The purpose of Intellectual Property law is as much about making information available as it is about protecting economic interests." Consider the extent to which you consider this statement to be accurate. In your answer you should consider: One of (a) Copyright law; or (b) Design law and one of (c) Patent law; or (d) Trade mark law or (e) Passing-off

Intellectual Property Maximum

Tue, 15 Feb 2011 16:50:58 +0000

At large, all businesses create and possess intellectual property, whether a sole trader, a small business or large company. The legal framework of the comprehensive intellectual property rights are mainly governed by primary legislation and some European Directives and Treaties. Intellectual property rights can arise issues of exploitation and unlawful usage by unauthorised persons to protect business. There are number of different IP rights which aims to protect and identify a maximum commercial protection from competitors and other alike.

Inquisitorial System of Criminal Justice

Thu, 10 Feb 2011 16:35:24 +0000

In England and Wales and other common law countries such as the United States, criminal proceedings are operated on the basis of what is sometimes referred to as an adversarial system of justice. This differs from the so-called inquisitorial system of justice which is employed in other legal jurisdictions including, in particular many continental European jurisdictions. Briefly, in the adversarial system the sitting magistrates or in more serious cases a jury decides on guilt having heard the opposing defence and prosecution presentations of the case. The defence and prosecution parties are at liberty to deliver their case as they deem appropriate within certain boundaries, and they are free to call and examine witnesses as they see fit. Not guilty pleas result in what effectively amounts to a contest between the two parties debating the facts of a case and this is the origin of the term adversarial. The adversarial system therefore relies on the skill of the opposing advocates representing their respective party's interests and not on some neutral party, usually the judge, trying to ascertain the truth of the case. Judges in an adversarial system are generally bound to focus their efforts on ensuring the fair play of due process, and fundamental justice. Inter alia, adversarial judges determine, typically when called upon by counsel rather than of their own motion, what evidence is to be admitted when there is a dispute.

Criminal Law Crime

Tue, 11 Jan 2011 15:53:55 +0000

Duff's comment is too direct to be straightaway accepted or rejected. In the words of Allan Norrie 'Criminal law is, at heart, a practical application of liberal political philosophy.' If this be taken as true, then agreement on the meaning of 'intention' becomes of secondary importance. The development and evolution of the connotation of 'intention' acquires the primary importance. 'Under present day law a person who kills foreseeing death or grievously body harm as virtually certain may be a murderer. Under the reformed scheme he would be a murderer.' It would not be without interest to know the course of legal interpretation that resulted in reaching this reformed notion of elaborating the term 'intention'. Mens rea or mental element in crime plays a significant role when one intends to commit a crime. Similarly, an accused is considered guilty only when he acts or brings about a state of affairs for which the term actus rea is used. In order to convict him it is necessary to prove that he has committed actus rea. Going through the history of defining 'intention' makes a very interesting reading of various law cases. Just look at Mohan [1976] QB1 in which the Court of Appeal observed that intention connoted 'a decision to bring about … the commission of the offence… no matter whether the accused desired that consequence of his act or not'.