What are the main differences between the civil and the common law systems ?
Essay - 5 pages - European law
The majority of legal authors divide the legal systems of the world into two mains groups : the common law on one hand, and the civil law on the other hand . The most interesting is that when you try to find definitions for those words, you often find the basic definition, and then,...
European harmonization in the Contract Law Area
Essay - 6 pages - European union
The last decade witnessed the European Union taking tentative steps towards the likely abolition of each member state contract law, and its substitution with a single European Contract Law Code. Indeed, the European Union usually solves inconsistencies in contract law by...
English legal system: The Sources of English Law
Course material - 87 pages - Constitutional law
The judicial decisions are the first to be found to develop a system. Today, they are still influencing the system as a whole. Judicial decisions have a weight that their continental counter part does not have. In England, under certain requirements, decisions are biding the judge with the...
Family Law: Comparison France Vs. China
Essay - 20 pages - Other law subjects
During the last century, the Chinese government decided to abolish the old family system and establish a new family idea: the socialist family system (the Marriage Code of 1950). This marked a turning point in Chinese common law and the beginning of a new family way of thinking. With this...
Primacy / Supremacy of European Community Law against Sovereignty of the Member States
Essay - 25 pages - European law
Today the European Union (EU) consists of 27 Member States; it reaches from the Atlantic coast of Western Europe all the way to the Black Sea of Eastern Europe. In the European Union, the most important and closest collaboration between the Member States happens via the European Community (EC)....
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...
Music, emotion and Zipf's law
Essay - 59 pages - Linguistics & languages
The hypothesis of Zipf concerning a universal Principle of Least Effort, manifesting itself in Zipf 's law and modeled by Ferrer i Cancho and Sol´e in a signal-object reference matrix, gave rise to the idea that maybe the elements in music that elicit our emotional...
Discuss the analysis and significance of the abduction and trial of Eichmann from an international law perspective, with reference to legal writing
Essay - 8 pages - International law
“The very concept of individual accountability - indeed - the very idea that an act could be ‘criminal' was antithetical to International law during much of its history […] With narrow exceptions, individuals held no rights and bore no responsibilities under International...
Human Resource Development in the Law Enforcement Field
Essay - 6 pages - Management
Law enforcement is a unique field which is highly dependent on human resource development (HRD) but is often times lacking in individual training and support. Regardless of the type of law enforcement officer (LEO), individuals in this field take numerous risks and may witness...
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...
The Right Medicine: Same-sex Family Law
Tutorials/exercises - 6 pages - Other law subjects
Currently in the United States, same-sex couples face many discrepancies in the law compared to heterosexual married couples, many related to taxation, discrimination protection, and other benefits. Of particular importance are the barriers that same-sex couples and larger families face...
Law and Order in Ancient China
Essay - 6 pages - Ancient history
Social development in most countries is predicated upon the history and tradition of the country in its early years of development. In other words, the direct issues of law and order that have become a part of modern social discourse can be traced back to the historical development of the...
A critical examination of current law of divorce and the need for change
Essay - 9 pages - Other law subjects
“There is no one branch of the law more important, in any point of view, to the great interests of society……than that which regulates the formation and the dissolution of the nuptial contract. No institution indeed more nearly concerns the very foundations of...
The impact of European Union Law on the world of sport in the context of sport regulation and restraint of trade since the Bosman decision.
Essay - 7 pages - International law
Under European Union law, Article 81 of the EC Treaty provides that all agreements between undertakings, decisions of undertakings and concerted practices which may affect trade between Member States and which have as their objective or effect the prevention, restriction or distortion of...
Criminal Law problem question
Essay - 9 pages - Criminal law
This document provides an analysis in answer to a criminal law problem question relating to the law of murder and manslaughter. The problem is set out as follows: Alan and Betty are contestants in the Big Sister game show. They do not get on and Alan feels that Betty is two faced....
The impact of European Union Law on the world of sport and the Bosman decision
Essay - 7 pages - International law
Under European Union law, Article 81 of the EC Treaty provides that all agreements between undertakings, decisions of undertakings and concerted practices which may affect trade between Member States and which have as their objective or effect the prevention, restriction or distortion of...
Competition Law
Market study - 4 pages - Other law subjects
The area of EC Competition Law has experienced major structural and substantial changes over the past two decades. The last decade of reforms of EC Competition Law is often cited as the « modernisation process » . Since competition rules always apply to a « market », this notion...
The political role of the judges in law and politics
Essay - 4 pages - Political science
My presentation is concerned with the relationship between law/the judiciary and politics. The laws relating to civil and criminal wrongs are indeed made either by Parliament in the form of Acts of Parliament (also called statutes) or by the judges themselves (then called the common...
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...
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)...
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...
Abortion linked to international trade law
Essay - 12 pages - Social, moral & civic education
There are different kinds and different methods of abortion nowadays. The spontaneous abortion, caused by natural causes, the elective abortion, the therapeutic abortion, which deals with the safety of the physical or mental health of women and the induced abortion, practices deliberately for...
Parenthood in French law and filiation
Essay - 9 pages - Services marketing
The purpose of this paper is first to understand French parenthood, namely the way to be the legal father or mother of a child. Investigating further, we will see whether the current legislation is modern enough or not, which will be our main question. Indeed, some scholars and politicians think...
Has the Contracts (Rights of Third Parties) Act 1999 gone far enough in reforming the English law of privacy?
Thesis - 5 pages - Business 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)...
International law and normative unity
Thesis - 5 pages - International law
In the Supreme Court of Canada's 1993 judgment in Hunt v. T & N Plc, Justice La Forest laid down the following goal to international law : “develop (…) co-ordination in the face of [the] diversity” of the international system. In other words, international law has to...
Critically discuss the contributions of the Third World Approaches to International Law (TWAIL) movement to international legal scholarship
Thesis - 6 pages - International law
After the World War II and its atrocities, a new international institution, the United Nations (UN) was created in 1945 to focus on the new challenges faced by the international community. One of the major challenges was the wave of decolonization which started between the two World wars. It was...
Customary law and gender renegotiation in Africa
Thesis - 5 pages - Social, moral & civic education
The Colonial Period brought various and drastic measures of control to African communities which had previously been autonomous and self-regulated. The creation of colonial governments, institutions and courts brought radical and lasting change to individual lives and African societies as a...
How an EU military could affect world peace through international law
Thesis - 12 pages - International law
There is no greater motivation for European unification than the desire for peace. Just like the UN, the EU wants to avoid the “scourge of war” for its future generations. In times of peace, the world forgets that the EU is not an economic coalition, but is instead a peaceful, foreign...
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...
Constitutional and administrative law: The concept of the Rule of Law as defined by Dicey
Thesis - 5 pages - European law
“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.” Explain what is meant by the concept of the rule of law. To what extent is the...
