Criminal law : consent
Essay - 4 pages - European law
In criminal law, there exists a defense of consent. Within this defense, there is a general rule that a person cannot consent to his being caused actual bodily harm. No one can ever lawfully consent to his own death-R v Young . This opens the debate on issues related to euthanasia, illustrated in...
"The concept of the Rule of Law as defined by Dicey still remains valid : it provides a measure against which we can judge the attitudes and actions of Parliament, Government and the courts"
Essay - 5 pages - European law
The rule of law is often expounded as a pillar of the English Constitution. It was described by Lord Bingham as "the second great rock on which [Dicey?s] constitutional edifice was founded". It was referred to as a statute for the first time, in the Constitutional Reform Act 2005, as an "existing...
Introduction to torts and the nominate torts
Essay - 3 pages - Other law subjects
The word ?torts' is used to denote many civil wrongs. A tort is defined in formal terms as a civil wrong which gives rise to an action for damages, other than the one which is exclusively breach of contract or breach of trust or other equitable obligation. As common law, the law of torts grew...
Struggles for Recognition in the Democratic Constitutional State, Jurgen Habermas
Book review - 3 pages - Civil law
Jurgen Habermas, a German philosopher and sociologist born in 1929, has propounded theory inscribed in the tradition of the significant theory and American pragmatism. He has written several pieces about communication, social identity, Europe and multiculturalism in the post-national...
Small and Medium Enterprises in Morocco
Worksheets - 3 pages - Civil law
The SME's represent more than 93% of the Moroccan enterprises. However, despite of their preponderance in the Moroccan economic context, they employ only 44% of the active population, represent only 38% of the national production and their contribution in the GDP is weak. The SME's are...
International Business Law: Three cases
Essay - 6 pages - Business law
This paper talks about a buyer, located in Miami, who ordered 2,500 cell-phones from company for a total amount of $150,000 (including the shipping charge). But there were several problems with this order: the order was delayed and the phones were damaged by moisture during shipping. One of the...
Evaluate the Importance of the Supreme Court in the US Political System: In What Ways Is It a Political Actor?
Essay - 5 pages - Constitutional law
The Supreme Court, the highest court in the American judicial system, is one of the three branches of the US national government. In 1803, a mechanism was put in place to ensure that governmental officials and governmental institutions would respect the limitations prescribed in the "Supreme Law...
Democracy in the US Constitution: Representation and the Balance of Powers
Essay - 2 pages - Constitutional law
Although the US Constitution intended to ensure the principles of equal representation and freedom of political expression, the imperfect process by which the document was created resulted in various undemocratic principles that are contrary to the spirit of the given prompt. The Constitution not...
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...
Criminal law: recklessness and negligence
Essay - 4 pages - Criminal law
Subject: “Risk takers” present problems for the courts. Critically discuss this statement with reference to the courts' management of defendants who claim “I did not think”, “I did foresee a risk and took it but I intended no harm”, “Awareness of a risk of harm...
International Business Law
Essay - 10 pages - Business law
A buyer, who had previously ordered phones from a Company, recently ordered a batch of 2,500 phones from it at the price of 40/unit, for a total of 100,000, plus a fixed 500 shipping charge, for delivery to "CIF Miami." At the Buyer's request, the phones have the Buyer's logo printed on...
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...
The role of the ECJ's (European Court of Justice) : the consumer who is reasonably well-informed and reasonably observant and circumspect
Essay - 14 pages - European law
The legal term of the “average consumer” was created by the European Court of Justice (ECJ) to protect the average consumer against unfair commercial practises. After the Second War World, many states were indeed inspired by Keynes's theory that aimed at division of resources and...
There is no sense in maintaining different rules for tracing at law and in equity. One set of tracing rules is enough
Essay - 3 pages - Business law
In the administration of a trust, the trustee is the one that assumes a range of duties and responsibilities. When a breach of trust occurs, the trustee might be liable for both acts of omission and commission. There are several ways a beneficiary can pursue remedies for a breach of duty on the...
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...
Cool Phone's Case Analysis
Essay - 6 pages - Business law
This study involves a scenario where you are the vice-president of a 75-person company ("Company") in the fictional French-speaking country of Euphoria, whose capital is Anytown, whose legal system closely resembles that of France's, and which is party to the CISG. The company designs and...
The economics of the no-fault divorce law
Essay - 5 pages - Other law subjects
Marriage is a specific kind of contract "based upon a voluntary private agreement by a man and a woman to become husband and wife?. So in a sense, marriage is a contract like another one, the only difference being that the two contracting parties are strictly determined by the law as "only a...
Post-Conflict Justice in Rwanda
Essay - 5 pages - International law
Between April and July 1994, one of the largest atrocities of the 20th century occurred: the genocide of 800 000 Tutsis and moderate Hutus during the civil war in Rwanda. The country was inhabited by around 8 million people. This emphasizes the massive aspect of these slaughters. When the RPF...
Comparative Criminal Law: comparison between the French and the American system by studying Brenton Butler case
Essay - 2 pages - International law
In this document, we present the Brenton Butler case, where Mary Ann Stephens, who was a holiday, is shot in the head in front of her husband. Later, Brenton Butler, a 15 year old Black citizen, was arrested just because he was in a street near the place of crime and it was confirmed that he was...
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...
Advantages and disadvantages of having a written Constitution: the example of United Kingdom
Essay - 3 pages - Constitutional law
A constitution is a legal document that sets out the relationships between the three main institutions of the state, that is to say the executive, the legislative and the judicial power, and that which also guarantees a certain amount of rights for the citizens. In a wider sense, and quoting...
Is the American Constitution the best in the world?
Essay - 3 pages - Constitutional law
"We, the people of the United States,?do ordain and establish this Constitution of the United States of America?. By these words starts the American Constitution. This document was adopted on September 17, 1787, by the Constitutional Convention, led by Thomas Jefferson and George Washington, and...
Arbitration in France, the Czech Republic and at the international level (2006)
Thesis - 11 pages - International law
Aristotle wrote, "For an arbitrator goes by the equity of a case, a judge by the law, and arbitration was invented with the express purpose of securing full power for equity." Arbitration is a form of Alternative Dispute Resolution, specifically, a legal alternative to litigation whereby the...
International business law, allied tows, inc. in Utopia
Essay - 15 pages - Business law
As a potential multinational firm, Allied Toys wants to implement a business development strategy in a predetermined country, in order to see if this model could be applicable as a 'worldwide development strategy'. The fact is that the Republic of Utopia is a country where setting up a...
The Stability Pact
Essay - 5 pages - Constitutional law
“The Stability Pact is stupid, like all decisions that are rigid […]” this declaration made by Romano Prodi in an interview for the French newspaper: Le Monde in October 2002 had given a nasty turn to the economical and political European scene. This quotation of the former...
Indirect takings (readings summary)
Book review - 2 pages - Business law
The concept of indirect taking lacks of a clear definition. Instead, it appears as a concept having a variable geometry. Contrary to the characterization of a situation of direct expropriation which is relatively easy and straightforward (ex: nationalization of an investment), the...
The U.S. and Bilateral Investment Treaties
Essay - 2 pages - Business law
The number of Bilateral Investment Treaties or BITs has grown dramatically during the last few decades. They are presented as an important tool of FDI and a key factor contributing to foster economic growth and development. As underlined in the paper, BITs have become the major tool for the...
NAFTA Dispute Settlement
Essay - 2 pages - Business law
This paper illustrates the tensions inherent to the North American Free Trade Agreement or NAFTA dispute settlement mechanism. They also underline the difficulties encountered to establish a proper balance between two legitimate and contradictory interests, namely the protection of investors'...
Customary International Law and FDI
Essay - 2 pages - Business law
The notions of expropriation and of its compensation are at the heart of every discussion pertaining to Foreign Direct Investment (FDI). In fact, one might argue that these notions, among others, reflect the complex nature inherent to the FDI mechanism. The complexity lies in the fact that the...
