Discretion in the Criminal Justice System
Essay - 3 pages - Civil law
Discretion plays a critical role in the administration of criminal justice. Discretion in criminal justice starts with the decision to label certain acts as criminal and is followed by law enforcement officers, attorneys, and other key players making decisions based on one's conduct. As a...
The great common law and civilian law divide is a myth
Essay - 5 pages - Civil law
Common law and civil law are generally considered the two major legal traditions that developed in Western societies. Common law is based on judge-made law through precedents set in past court decisions. Civil law originated in Roman law and is codified in comprehensive legal codes....
How did the Duty of Care Concept in Negligence Evolve?
Essay - 3 pages - Civil law
Negligence is a behavior that violates a duty of care, which is a legal obligation to take reasonable care to avoid causing harm to others. In the context of tort law, negligence is a fault that may be engaged when the responsible individual or entity fails to take reasonable precautions to avoid...
The definition and scope of eviction
Essay - 2 pages - Civil law
In light of recent court cases, eviction is one of the most important components of civil law. It protects the rights of both the landlord and the tenant while supporting general health and safety interests. Through these writings, therefore, we will explore the definition and scope of eviction,...
What is the highest judicial authority in France and how important is it?
Essay - 2 pages - Civil law
The court of cassation is the highest court in France. It hears appeals from decisions of the lower courts, and reviews the constitutionality of laws. Moreover, in application of the (article L4111-1 of the Code de l'organisation judiciaire), there is, for the whole Republic, only one Cour de...
Europe vs America - different approaches to privacy
Essay - 5 pages - Civil law
Everything that people do within the internet leaves behind some digital fingerprints. This means that it is logical that most users of the internet worry a lot about the matter of privacy. Because laws of privacy are different from one country to another, a company may not be obligated legally...
Texas civil rights
Essay - 2 pages - Civil law
The darkest times of our nation surrounded two major happenings. The initial occurrence was the institution of slavery. Second, the struggle for civil rights has plagued our country even through today. Texas has been a key state in each of these events. Research of the civil rights movement...
Affirmative action legislation
Essay - 2 pages - Civil law
Affirmative action is mentioned in association with efforts to promote social equalities at work places. Legislation was used to enforce and guarantee equality initiatives in organizations. These initiatives protected persons like the disabled the elderly, gender groups and others (Glenda, John &...
The concept of privacy laws
Essay - 2 pages - Civil law
The concept of privacy rights emerged gradually. The Universal Declaration of Human Rights of 10 December 1948 stipulates, in Article 12, that "no one shall be subjected to arbitrary interference of his privacy, whether it be related to family, home or correspondence, nor to attacks to his honor...
Human Rights of the Dead : Posthumous interests
Essay - 5 pages - Civil law
The question of death and the deceased is at the core of the definition of human rights. Dead persons do not perceive harm: they are not in contact with the world and are unaware of reality considering they do not exist. They cannot claim their rights neither can they file a lawsuit. It could be...
Right to reputation and freedom of speech, a question of balance
Essay - 5 pages - Civil law
Right to reputation and freedom of speech (from which freedom of press derives) are two rights that have an unusual relation as the strict application of the first one renders impossible the existence of the second, and vice versa. The simultaneous application of these two rights makes it...
Maxims in equity
Essay - 3 pages - Civil law
The first part in Lord Brown-Wilkinson's citation "Although Equity will not aid a volunteer" is one of the most important maxims in equity. The general definition of a maxim is "a general truth or rule of conduct expressed in a sentence". In the context of equity, maxim has a particular...
Authors' rights in the Anglo-Saxon world
Essay - 7 pages - Civil law
The authors' rights are a very important problem of the modern economic world. The rules that regulate the authors' rights have always been created in the reaction of some social facts; they always have been late on the sociological and technical transformations. The first fundamental act...
Has the Contracts (Rights of Third Parties) Act 1999 gone far enough in reforming the English law of privacy? - published: 15/01/2009
Essay - 5 pages - Civil law
Under the doctrine of privacy, which became entrenched in English law in the latter half of the 19th century , contractual rights and liabilities are limited to the parties to the contract. The mounting criticisms and arguments for reform have led to the Contracts (Rights of Third Parties) Act...
Is civil disobedience ever justified?
Essay - 3 pages - Civil law
“Man is bound to obey secular princes in so far as this is required by order of justice. Wherefore if the prince's authority is not just but usurped, or if he commands what is unjust, his subjects are not bound to obey him, except perhaps accidentally, in order to avoid scandal or...
Abortion and the Supreme Court
Essay - 5 pages - Civil law
Abortion is one of the most controversial topics of the American society. Even after Roe v Wade, a 1973 ruling of the Supreme Court permitting abortion, the debate has always been of topical interest. In this feature of The Economist published on the 4th of March 2006, a South Dakota's bill that...
The unfairness of settlement class action lawsuits
Essay - 6 pages - Civil law
When settlement class action lawsuits followed the rise of mass tort class actions and gained acceptance, they eliminated the ability of plaintiffs' counsel to represent cases fairly, threaten trial as a bargaining tool or protect future plaintiffs from attorney conflicts of interest. This...
Critically analyse arguments for and against the introduction of a no-fault scheme for the tort of negligence
Essay - 13 pages - Civil law
The characterisation of a no-fault scheme is rooted in the principle of distributive justice, compensating victims without having to establish causation and fault. Conversely, current liability for negligence involves fault considerations based on legal theoretical concepts determined through...
Management report - Trade union recognition
Essay - 7 pages - Civil law
This report considers and advises on the legal and practical implications for the Company Board of Directors (“the Board”) of the invitation for voluntary recognition as a Trade Union (“TU”). The relevant law applicable to TU recognition is the Trade Union and Labour...
The Effectiveness of Restorative Justice
Essay - 7 pages - Civil law
In recent years, restorative justice has been utilized by various jurisdictions and organizations across the globe in an effort to promote increased satisfaction and fairness to participants, as well as hoping to lower crime rates and achieve a multitude of other objectives. Furthermore, it has...
Should the common law courts recognise the need for a general doctrine of unconscionability?
Essay - 7 pages - Civil law
The doctrine of unconscionability remains a venue of debate and controversy not only for legal scholars, but for judges and attorneys in this country and abroad. The idea of unconscionability is in itself problematic. How can a judge, jury, or attorney deem what is or is not fair? Even if an...
Karlene Kincaid v. River Bluffs Community College : Appeal
Essay - 8 pages - Civil law
This appeal is from the order granting Defendant's Motion for Summary Judgment in the United States District Court for the Western District of Missouri, Western Division. The District Court had jurisdiction over this case pursuant to 28 U.S.C. ยง 1331 (2002) because this case arises under the...
To Legalize or Not to Legalize : The question of Marijuana in America
Essay - 2 pages - Civil law
Once upon a time… or more accurately in the early 1930's, marijuana was made illegal and renamed the ‘Devil's Weed'. Whether or not there was a conspiracy to make hemp illegal by the government and the pulp paper industry is hard to say, but one thing is for certain, the strangling hold...
The Criminalization of Our American Youths: Is Twenty-One an Unfair Drinking Age?
Essay - 2 pages - Civil law
Alcohol, a cheap easy way for many young American adults to enjoy a society which has cast selective freedoms which they fight and die for right out the window. An issue which has plagued young adults since its surfacing in 1984 under President Regan, should the legal drinking age for all...
