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...
A paper concerning assessing the value of legal Tribunals
Thesis - 4 pages - Civil law
It has become the case that over the course of the 20th century an ever-increasing number of tribunals have come into existence alongside the ordinary civil courts, dealing with a wide variety of disputes, usually between the citizen and the state. Although tribunals do not adjudicate in all...
A critical discussion and analysis of 'The Rule of Law'
Thesis - 5 pages - International law
Central to the general idea of the Rule of Law is the specific intention that it involves the rule of the law rather than the rule of the people. Judges hold a position of central importance in the relation to the concept of the Rule of Law. They are expected to deliver judgment in a completely...
Formalizing plea bargaining in justice and equality in the English legal system
Thesis - 6 pages - Other law subjects
Before discussing plea bargaining it is perhaps paramount to define what is meant by the expression. Plea bargaining refers to ‘the exchange of a guilty plea for a reduced charge or some hope of a reduced sentence.' In other words it is an agreement between the prosecution and the defense...
Whereas the crucial importance of freedom of expression/freedom of the press cannot be in dispute, some feel that the development of the "Reynolds defence", has gone too far in relegating the role of libel laws to a position of secondary importance
Essay - 4 pages - Public liberties
In most areas where the tort law exists, the concentration is mainly with regard to the protection of personal safety against harm caused by physical interference. The tort of defamation is however concerned with protecting the claimant from harm caused by harsh words (harm caused verbally)....
Brown v Mississippi
Case study - 8 pages - Criminal law
Friday March 30th, 1934. A sixty-year old White planter from the Giles community in Mississippi, Raymond Stewart, was found mutilated at approximately 1 o'clock that day, in his house. The police had discovered his body, and requested a physician come. The wounds, large gashes that looked...
Violence against women
Thesis - 5 pages - Criminal law
Despite the fact that women are much more likely to be killed then to kill, women charged with the murder of their violent male partners are further victimized by a legal system that has been constructed, interpreted and implemented to fit men's experience and homicidal responses. Current...
Discussing and analyzing Restorative Justice: Victims' rights and the future
Thesis - 6 pages - Other law subjects
Restorative justice has become mainstream following the establishment of youth offender panels last year under the Youth Justice and Criminal Evidence Act 1999. It is no longer just another possible option available in some places at various points in the criminal justice process. However, there...
The defense of provocation: The implications of the House of Lords' decision in Morgan Smith [2000] 3 WLR 654
Case study - 5 pages - Criminal law
The defense of provocation is a partial defense, pertinent only to murder. If successfully pleaded, liability is reduced to manslaughter. For the defense to succeed there are three requirements: (i) There must have been some act(s) or word(s) of provocation (ii) The defendant must have lost his...
Consumer Protection Act of India: When the consumer is a king
Thesis - 31 pages - Other law subjects
A consumer is a user of goods and services. Any person paying for goods and services which he uses is entitled to expect that the goods and services are of a nature and quality promised to him by the seller. The earlier principle of "Caveat Emptor" or "let the buyer beware" which was prevalent...
The Information Technology Act 2000
Case study - 22 pages - Other law subjects
Connectivity via the Internet has greatly reduced geographical distances and made communication even more rapid. While activities in this limitless new universe are increasing incessantly, laws must be formulated to monitor these activities. Some countries have been rather vigilant and formed...
Cyber law in India
Case study - 33 pages - Other law subjects
Since the beginning of civilization, man has constantly adapted himself to the changing circumstances and scenarios to usher in new eras of development and progress. Every stage in human history has been important in its own way. However, if today we look back in retrospect and try to analyze...
Law of copyright with amendments and case studies showing infringement
Case study - 23 pages - Other law subjects
The first copyright act in India was passed in 1914. It was a replica of the English copyright act of 1911. The act, presently in use was legislated in the year 1957 and is known as copyright act of 1957 and was amended with the copyright act of 1999.It adopted many principles and provision...
The development of the welfare state and the National health service in Britain
Thesis - 12 pages - Labor law
The Poor Law of 1601 was introduced as a response by the Government to rising levels of concern over how 'the poor' should be supported. As a result of several poor harvests, and soldiers returning from war there was increased vagrancy, which concerned the Government who were...
Consider the extent to which international law is law, or 'really law' or 'law properly so-called' with reference to legal and other theorists
Essay - 6 pages - International law
Charlotte Ku and Paul F. Diehl noticed that at first sight, ‘International' and ‘Law' sound contradictory: “how can one imagine a structured and developed legal system functioning in a political environment that is diffused, disparated, unregulated and conventionally described as...
The concept of non-resident on international laws
Essay - 9 pages - International law
The tax situation of each person is defined in relation to his domicile tax. According to Article 1 of the law of 29 December 1976 applicable for the first time to the income for the year 1977 and codified in section 4A of the GTC, "people who have their domicile tax in France are liable for...
Legitimacy & efficiency inside the security council
Thesis - 17 pages - International law
When the idea of a potential world organization first emerged in 1943, arbitration was soon to be made between maintaining effective power within the scope of a few powers, and the necessity to gain the support from small and medium States. The only possible answer to this dilemma was to initiate...
Hissène Habré's case: Origins and current debate
Case study - 9 pages - Other law subjects
In February 2003, the Darfur conflict, an ethnic clash in western Sudan, began and, in March 2004, Mukesh Kapila, called it the "world's greatest humanitarian crisis". Thus, in January 2005, the UN Secretary-General's Commission of Inquiry on Darfur estimated in its report that there were...
Controversy around memorial laws
Essay - 12 pages - Other law subjects
A controversy recently arose in France in which historians played a significant role. This controversy involves a number of actors: The French government, which passed the so-called “memorial laws”; the interest groups that lobbied the Parliament to pass them; the historians who became...
The class action lawsuits
Essay - 3 pages - Other law subjects
We read about class actions almost everyday in the newspapers. The idea to gather together in order to sue big companies such as tobacco or food companies originates from the United States; however, as these lawsuits are increasingly successful, the phenomenon currently spreads into the whole...
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...
Implementation of European Law in a federal state: The Belgian case between coherence and autonomy
Case study - 9 pages - European law
‘Ultimately the impact of EU rules depends on the willingness and capacity of Member States authorities to ensure that they are transposed and enforced effectively and fully and on time' (Graver) . This statement from the European Commission in its White Paper on Governance deals with the...
International human rights law
Essay - 4 pages - International law
Today, various international instruments allow for the protection and respect of human rights. Thus, the International Bill of Rights is the basis composed by the Universal Declaration of Human Rights in 1948 and the two subsequent International Covenants of 1966. The United Nations, which is...
Essay on the Rome Convention on the law applicable to contractual obligations
Essay - 13 pages - International law
The Rome Convention on the Law applicable to contractual obligations “applies to contractual obligations in any situation involving a choice between the laws of different countries.” The scope of the Convention is therefore clear; its aim is to regulate contractual relations between...
Essay on the separation of powers in Europe - A comparative study
Case study - 16 pages - Constitutional law
“Each country must find a solution which is sensitive to its domestic culture” …this is the position of Lord Irvine of Lairg on the separation of powers. This can be regarded as a politically correct position on a very discussed topic in that it does not take part in the animated...
Essay on restitution obligations throughout Europe
Essay - 13 pages - International law
Restitutionary obligation is the response to unjust enrichment. Unjust Enrichment at the expense of another must be restituted in order to secure a corrective justice. On this very basis restitutionary, as opposed to compensation, aims to deprive the defendant of a gain rather than to compensate...
Difficulties of application of international law - Example of the Cambodia genocide
Essay - 10 pages - International law
This paper will show to the reader the difficulties which can appear in practice concerning the international criminal law. Indeed, several problems can occur. First of all, one has to know what the aim of the international criminal law is and we have to define what is the international criminal...
Legal aspects of international mergers and acquisitions: Sacyr/Eiffage
Essay - 6 pages - International law
The Sacyr/Eiffage case involves two public construction companies, the Spanish Sacyr Villehermoso and the French Eiffage. First, let's introduce those two companies. Sacyr is a leading Spanish construction company based and listed in Madrid. It is publicly traded and part of the IBEX 35, the...
