Is the adversarial system of criminal procedure more or less effective than an inquisitorial system in finding out the truth about an alleged offence? Advantages and disadvantages of adversarial and inquisitorial criminal procedure - published: 29/09/2010
Essay - 7 pages - Criminal law
As early as 1866, Faustin Helie, a French judge and legal author, underlined the idea of a necessary equilibrium between the interests of the society (which needs to be protected from infringements) and the interests of the accused persons (whose rights must be totally guaranteed) in the...
Is the adversarial system of criminal procedure more or less effective than an inquisitorial system in finding out the truth about an alleged offence? advantages and disadvantages of adversarial and inquisitorial criminal procedure
Essay - 7 pages - Penal procedure
As early as 1866, Faustin Helie, a French judge and legal author, underlined the idea of a necessary equilibrium between the interests of the society (which needs to be protected from infringements) and the interests of the accused persons (whose rights must be totally guaranteed) in the...
From Russia with Love: Lessons of the Noga arbitration case
Dissertation - 20 pages - International law
Globalization is the new buzz word and the lingua franca of international business. With the numerous advantages flowing through globalization, this new process is taking a new shape by getting more critical and unyielding. To elucidate further on its uphill spin, an onlooker can observe its...
The control of constitutionality and its limitations in France and United States
Thesis - 4 pages - Political science
The Constitution is the supreme law in the hierarchy of norms laid down by Hans Kelsen. This poses a problem in the domestic hierarchy of norms by raising a question about how to enforce the superiority of the Constitution, particularly with respect to the law. Thus, the difficulty faced by the...
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...
The Importance of constitutional interpretation
Essay - 3 pages - Constitutional law
Constitutional interpretation, often called “judicial interpretation,” is defined as “a theory or mode of thought that explains how the judiciary should interpret the law, particularly constitutional documents and legislation” . There are two main types of interpretation:...
Case note for Bolton v. Stone [1951] AC 850
Case study - 3 pages - Educational studies
Although the general rules for negligence had been laid down by previous cases, Bolton v. Stone [1951] AC 850 still gave the judges at the House of Lords some difficulty in deciding whether it constituted just such a case. As such, while upholding legal precedent, it also paved new grounds...
Probation in the United States
Case study - 4 pages - Educational studies
Karp (2002) argued that probation in the United States can be said to have originated from English criminal law during the middle ages. During these times, both adults and children were punished in the same harsh manner for crimes that were sometimes not very serious. It was common during the...
Why has the European Court of Justice been so central to the process of integration?
Thesis - 10 pages - European union
“Law is often still treated as if it were a separate field, clearly distinct from the economic or political spheres” . As the European Court of Justice (ECJ) has never been given a lot of media coverage, most of the time, its role in the integration process is either disregarded or...
The rule of precedent
Essay - 4 pages - Other law subjects
In a society ruled by law, it is essential that the law is applied in the same way to those in similar situations. This way people know when they are breaking “the law”. It also ensures that citizens are treated fairly, in the sense of being subject to the same judgement. The system...
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...
Intangible property: case study
Case study - 3 pages - Other law subjects
Made a sudden seizure and experts should conduct the investigation and prepare the corresponding technical report, answering the questions formulated by the plaintiffs, the Public Ministry and the judge. Not realizing expertise by decision of the experts after inspection, the expert report...
American Idol
Essay - 4 pages - Arts and art history
In its first season, American Idol garnered the attention of 22.77 million viewers on the finale night. The last season—the show's fifth—36.38 million people tuned in to witness Taylor Hicks take home the ultimate title of American Idol (Wikepedia.com). Hicks, a stocky, gray-haired...
Socialist Party of Turkey
Case study - 5 pages - Educational studies
M.Levinet indicates that Shariah is incompatible with the European Convention on Human Rights. His religious principles have a stable and invariable. But this is contrary to pluralism defended by the Convention. In effect, the Court defends a reading of principles constantly changing. In...
Hospitable Hosts, Educated Elites: Relativism vs. Absolutism in the writings of Alberuni and Ibn Battuta
Essay - 4 pages - Literature
In exploring nations and cultures outside of their own, Alberuni and Ibn Battuta encountered ideologies, customs, and practices that stood in opposition to the beliefs and ways of life they personally upheld. Faced with foreign behavior and thought, the authors found themselves in a position to...
Belgian administrative law: Definition, characteristics and sources
Thesis - 11 pages - Administrative law
Administrative law is a set of legal rules other than constitutional law that establish the organization, functions and working procedures of the administrative structures of the state. It comprises all the legal rules, other than constitutional law. The Constitution is the foundation of...
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...
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...
Duress and undue influence
Thesis - 23 pages - Business law
"It is assumed that the parties know their own minds, that they are the best judges of their own needs and circumstances, that they will calculate the risks and future contingencies that are relevant, and that all these enter into the bargain. It follows that unfairness of the bargain -...
Criminal Law in an Islamic Legal Society
Essay - 5 pages - Criminal law
The Shari'a does not focus as much on criminal law as it does on family law, but a small part is dedicated to crimes and sanctions, and despite not being strictly applied, those principles still have a normative force among different modern Muslim states' legal systems. Islamic criminal...
The debate on the trial and the condemnation of Louis XVI during the 18th century and their consequences
Thesis - 8 pages - Modern history
At first the king seemed inclined to work with the revolution and to try to solve the problems. But the influence of the queen and of the courtiers were too strong. He was encouraged by them to disregard all promises he had made and sought to flee from France in order to obtain aid against the...
Brown v. Board of Education of Topeka, 347 U.S. 483 (1954) - What exceptional circumstances allow states to establish segregation?
Law case study - 4 pages - Constitutional law
Let's be clear, the decision of the Supreme Court that we are going to study today is a real jurisprudence change, which means that the decision overturns several other Supreme Court decisions, resulting in a total change in the analysis of the constitution over time. It's very important...
Communication Process - published: 05/09/2013
Case study - 3 pages - Educational studies
Communication is the transference or exchange of thoughts or information. “Although this is a simple definition, when we think about how we may communicate the subject becomes a lot more complex” (N.A., 2012, pg. 1, para. I). The communication process has eight key factors: “the...
Crimes Against Humanity And The Principles Of Legality: What Could the Potential Offender Expect?
Essay - 10 pages - International law
Les juges ne sont que la bouche qui prononce les paroles de la loi, des êtres inanimés qui ne peuvent ni en adresser la force ni la rigueur. " Charles de Secondat Montesquieu, L'esprit des Lois, Livre XI, Ch. III, 127 (1748). " If the interpretation of laws is evil, their obscurity, which...
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?...
The "Memorial Laws"
Tutorials/exercises - 13 pages - Social, moral & civic education
In the first part of this paper, I give an account of a recent controversy that arose in France and 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...
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...
Blackpool & Fylde Aero Club Ltd v Blackpool BC
Case study - 3 pages - Educational studies
For there to be an implied obligation on the local authority to consider the tenders duly received, it is presupposed that a contract existed between them and the club. To address this question, the earlier courts decided that a collateral contract had in fact formed between the two parties. This...
Integrating law and economics
Case study - 11 pages - Economy general
The subjects of both law and economics are two very dissimilar things, however, when used together, can be quite effective. The integration of the two also would be beneficial in meeting certain political, social, and cultural objectives. Combining both law and economics would be an essential...
To what extent is the criminal justice system consistent with article 6 of the European convention on human rights?
Thesis - 6 pages - European law
At the heart of any legal system is the criminal justice system and it is a paramount that the system is fair in order to be effective—this is ensured through a fair trial, without which, the whole system would be illegitimate. We only have to look to the political ‘show trials' of the...
