High Court of Justice Chancery Division on 29th October 2008, Carr v Beavan: the testamentary capacity
Law case - 4 pages - Civil law
The court has to focus on the testator mental capacity at the time of making his will, since a man diminished in physical and even mental strength may nevertheless make a valid will, provided that he was in possession of his full capacity at the precise time of the writing of the will. In order...
Breach of duty of care/ negligence in tort law: Mr J Madisson in Caparo v Dickman
Law case - 4 pages - Civil law
The tort of negligence is one of the most important fields of tort law in modernized law. When a claimant suffers from an act or an omission on behalf of a third party, innumerable ways and means are proposed to impose liability on the defendant. It is essential and necessary for the claimant to...
UK and French legal system : structural and conception differences
Case study - 6 pages - Civil law
The governing laws and its legal system in France and the United Kingdom have major differences, as each of the legal systems have and are based on various views. France is governed by the Constitution of 1958. All the French laws are based on this text. In the United Kingdom, the laws are based...
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...
Social issues in the courtroom
Thesis - 2 pages - Civil law
The clash of ideologies is inevitable: someday, someone is going to disagree with what you believe in. The question remains: where does the conflict get addressed, if it ever does? Do you decide that there is no point in understanding your differences? Do you enter a quarrel of epic...
Landlord and tenant law problem
Thesis - 4 pages - Civil law
Firstly, with regard to the terms of the original tenant's lease, the lease was for a term of ten years granted in 2001 and includes numerous leasehold covenants. In addition to the express leasehold covenants, the law will imply covenants into a lease , which include the following: 1) Covenant...
The innocence project
Thesis - 7 pages - Civil law
The inclusion of scientific evidence in criminal trials has been controversial, often met with a judicial propensity against admission of such evidence due to perceptions of unreliability and jury confusion. Conversely, it is evident that the use of DNA testing evidence has been instrumental in...
Wilson Kelling theory of broken windows
Thesis - 5 pages - Civil law
The focus of this analysis is to critically evaluate the explanation of the broken windows thesis postulated by Wilson & Kelling with regard to community policing in the neighborhood its concurrent role in maintaining order. A central theme in the debate on community policing has focused on the...
The attempt by Franklin D. Roosevelt to court packing and the lasting affects it has on today's political structure
Thesis - 6 pages - Civil law
In 1937 President Franklin Roosevelt (FDR) introduced the new deal reforms, which have been described as “the biggest political blunder of his career…. Yet it was… fortuitous, even pivotal, importance for the fate of Social Security” (Zelizer, 2000). Notwithstanding the...
Civil practice portfolio
Thesis - 7 pages - Civil law
My name is Mark Jameson and I live at 3, Grange Street, Sunderland, SR4 911. I am 23 years old and my date of birth is 6 March 1985. I am currently employed as a part time barman at the Gold Restaurant & Club. My duties involved serving customers, checking stock and clearing up the bar at close...
Second amendment examination: Right to bear arms?
Thesis - 3 pages - Civil law
Words are not just “foolish semantics” as they may so often seem. Words can be placed and interpreted in so many different ways that finding meaning can be quite challenging. The language of the Second Amendment is at the core of the debate between those who believe in the individual...
Law and racial inequality
Thesis - 4 pages - Civil law
Since the early 20th century, minorities have been striving for equality in the United States. Much progress has since been made in the form of anti-discrimination laws and desegregation, but while many advances have been made in the civil rights movement, inequality has not been escaped....
Illinois state constitution vis-a-vis federal constitution
Thesis - 4 pages - Civil law
In state constitutions, more rights are expressly enumerated than in the federal Bill of Rights. In Illinois, its constitution contains all of the protections afforded in the federal Bill of Rights and much of the same language as well. It also contains further rights such as Crime Victim's...
Gender equality: Women and the law
Thesis - 5 pages - Civil law
The United States, among many other Western countries, has been a beacon for women's rights. Many women in the world cannot teach, work, show their ankles, vote, hold public office and sometimes are not allowed to think much less. Here in the United States, women have the opportunity to do all...
The criminalization of prostitution
Thesis - 3 pages - Civil law
In current times, the body has become a medium for human expression. At a certain age, people can get pierced and tattoos that carry deeper meaning for them or are simply for aesthetic purposes. Cosmetic surgery is at its peak. For decades, people have been using their bodies to express their...
Is it a human rights violation and not enforcing the law
Thesis - 13 pages - Civil law
In Deshaney v. Winnebago County Department of Social Services, the U.S. Supreme Court held that a U.S. state's failure to protect an individual against private violence generally does not constitute a violation of the Fourteenth Amendment's Due Process Clause. The court reasoned that while the...
Wheelchairs and liquid dreams
Thesis - 3 pages - Civil law
Quenching one's thirst with a nice big glass of water could prove to be a mistake if you are in New York City and find yourself in need of a public restroom. Finding a place for relief in the big apple is not easy, and the city's streets and subways have become public toilets. The necessity for...
Justice and the jury: The role of twelve in society
Thesis - 3 pages - Civil law
The ethical standard of justice is a universal right that people in all levels of society are entitled to. In America, one way that the Constitution ensures justice is by naming the right citizens have to a trial by impartial jury. In criminal trials, juries are to decide the fate of one person...
The importance of the trial process: Fair and impartial?
Thesis - 4 pages - Civil law
The American legal system exists for the purpose of enforcing the laws created by the legislature. The trial process does not exist only because common law and American law deems it necessary. The processes that are involved are necessary for the enforcing the law. Each of the parts are defined...
Defense of equality
Thesis - 3 pages - Civil law
From the very beginning of the formation of American democracy, it was designed to give equal power and equal rights to all American peoples: “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights that...
Animal rights and legislation in Canada: How we fail to slaughter animals humanely
Thesis - 6 pages - Civil law
With the evolution of the legal system, its direction towards stricter and more precise laws has incorporated animals into its protection. A comparison between now and a century ago is remarkable. Society has brought it upon itself to protect not only companion animals such as pets and working...
Committee on the rights of the child
Thesis - 22 pages - Civil law
The Convention on the Rights of the Child and two Optional Protocols have marked a turning point in international law and children are essential tools in the implementation of national laws designed to stop crimes that are sale of children, child prostitution and child pornography, children and...
Immigration of highly skilled workers to the United States
Thesis - 11 pages - Civil law
The rapidly escalating immigration of highly skilled individuals to the United States demonstrates the diminishing role of national politics in an increasingly supranational global economy. Workers pursue opportunities beyond the confines of national borders, and corporations are able to meet...
Legal analysis of the US presidential election 2000
Thesis - 4 pages - Civil law
The presidential election of 2000 is one that will live in infamy. Few elections have been as closely contested, and none more controversial. Vice President Gore, who got more votes, made a valid argument for a recount, yet still failed to win despite his best efforts. Personally I believe...
National organization for the reform of Marijuana laws
Thesis - 6 pages - Civil law
Many people complain that the United States government is unresponsive to their issues. In order to assist all of the underrepresented people, and to educate legislators we have formulated many interest groups in our nation. NORML, the National Organization for the reform of marijuana laws, is...
Who has the rights? A case I attempted to salvage
Thesis - 5 pages - Civil law
Some of the US laws seem to exist solely in order to confuse and discourage us from petitioning or adequately defending against lawsuits. It certainly appears for every law there is, another law can be found repealing, invalidating or disallowing it, under ‘special circumstances.' What...
Theory and practice: Civil disobedience and the pursuit of justice
Thesis - 4 pages - Civil law
In the Crito, Socrates makes an argument against the notion of breaking the laws even if they are judged by the public to be unjust. This is because by disobeying the law, one is in effect “attempting to destroy... the laws, and indeed the whole city” (Plato 53). Socrates continues...
Death penalty administration: Racially biased?
Thesis - 9 pages - Civil law
More than 350 people have been executed in the USA since 1990. The U.S.A. has the highest known death row population on earth at over 3, 300. In 1997 the USA carried out 74 executions--the highest number for the last four decades. Only China, Saudi Arabia and Iran were known to have executed...
A discussion concerning the belief that 'Judges do not make law - they only declare it'
Thesis - 6 pages - Civil law
The function of a judge in any legal system remains a true phenomenon even today. Barristers, solicitors, law students and the general public often question the precise role of a judge ? puzzled over whether judges are authoritarian law-makers, or if their profession makes them mere declarers or...
