Essay on human rights
Thesis - 10 pages - Social sciences
"Imagine that you are creating a fabric of human destiny with the object of making men happy in the end [...], but that it was essential and inevitable to torture to death only one tiny creature [...], would you consent to be the architect on those conditions?". There, Fyodor Dostoevsky asked...
Analysis of cases under the US constitution in relation to the laws laid by United Nations
Thesis - 8 pages - International law
Wanta B. Heard, the victim, filed a notification request form after indictment of the defendant for the crime of rape. The State and defendant worked out a plea agreement to plead guilty to second-degree assault with a one-year sentence. Heard requested to speak with the court regarding...
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...
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...
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:...
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...
Karlene Kincaid v. River Bluffs Community College : Appeal
Essay - 8 pages - Civil law
This appeal is from the order granting Defendant's Motion for Summary Judgment in the United States District Court for the Western District of Missouri, Western Division. The District Court had jurisdiction over this case pursuant to 28 U.S.C. § 1331 (2002) because this case arises...
Case scenario analysis and reaction
Case study - 4 pages - Criminal law
In and out of court cases the prosecution has certain ethical guidelines and requirements they must follow as an officer of the court. Should they come into knowledge of a crime or breach in code of ethics the prosecutor is required to report these discrepancies to the court...
How the Bush administration has abused executive power
Thesis - 4 pages - Political science
Since the United States Constitution was written, there has been a constant tug-of-war for power between the three branches of government: the executive branch, the judicial branch, and the legislative branch. In this time, the executive has been able to acquire many powers which include being...
The Patriot Act: Why it's Constitutional as well as vital to American Freedom
Essay - 13 pages - Criminal law
The Patriot Act is often thought to be a breach of civil liberties but in reality it is just an extension of laws that already exist. The Patriot Act allows investigators to use the tools that are already available in the investigations of counter terrorism within the world of organized crime and...
The deemed undertaking rule
Thesis - 5 pages - Business law
The “Deemed Undertaking” rule (30.1) functions to prevent information gathered during discovery from being disclosed. The rule itself serves to protect information that respondents may be forced to divulge during discovery by ensuring that any information cannot be used in other...
Case Brief, Analysis and Impact of Journalism Case Law
Tutorials/exercises - 3 pages - Other law subjects
Judith Miller, an investigative reporter for the New York Times, received a grand jury subpoena to testify regarding the leak of the identity of an undercover CIA agent, Valerie Plame. It was believed that Miller had information regarding which it was that broke federal law by disclosing the...
The Kokkinakis and Larissis judgments
Case study - 4 pages - Educational studies
The Court states, unanimously, that the measure "a legitimate aim" as it was aimed at protecting public order. Thus, the Court recognizes that the States a margin of appreciation in assessing the existence and extent of the need for interference. However, the judges point out that...
Vienna Convention on consular relations
Essay - 12 pages - International relations
THE HAGUE, 10 March 2005. Today the International Court of Justice, the principal judicial organ of the United Nations, delivered its Judgment in the case concerning Vienna Convention on Consular Relations (Paraguay v. United States of America). On 3 April 1998, the Republic of Paraguay...
Freedom of expression and pornography in Canadian Law: An in-depth look
Thesis - 8 pages - Social sciences
Even in a progressive nation like Canada, it can be agreed on by most people that freedom of expression, even though it is a right that we all hold dear, does have its limits. However, the issue that is pertinent, particularly in law, is where this line ought to be drawn. They are issues that...
The Bat Stops Here - Or does it ? The Continuing Obligation of Agencies under NEPA and ESA
Essay - 8 pages - Ecology & environment
The National Environmental Policy Act (NEPA) and the Endangered Species Act (ESA) are two important environmental statutes passed by Congress to help preserve the earth and its resources for future generations. Under these statutes, governmental agencies are required to determine how their...
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...
Contracts and tort law - Causation and loss of chance
Essay - 10 pages - Other law subjects
When it comes to tort or contract litigation in the aim of obtaining damages, the most important aspect to take into account is the issue of causation. Indeed, without proving a causal link between the defendant's action and the claimant's harm, no liability can be held. This rigor is a means of...
Council of Europe
Case study - 4 pages - Educational studies
Julie Ringelheim also regrets the lack of definition in the Convention. The supervisory bodies have refused to broad interpretation But since large denominations, atypical movements benefit. No international convention gives. Moreover, faced with this difficulty, the Strasbourg Court was...
Kompetenz-Kompetenz
Case study - 2 pages - Other law subjects
The kompetenz-kompetenz doctrine is generally understood as the arbitral tribunal's authority to rule on the scope, validity and existence of the arbitration agreement if any of these are challenged, and thereby to rule essentially also on its own jurisdiction. Although under this doctrine there...
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...
Civil Liberties
Case study - 3 pages - Educational studies
Benjamin Ginsberg's We the People is among the best books for engaging students in the American politics and it is also effective in aiding them study and learn. The book pays close attention to the ways that politics and government matter in inclusion is the various techniques that people...
Do you think Lister v Hesley Hall [2001] UKHL 22 was correctly decided by the House of Lords?
Thesis - 4 pages - Business law
On the 3rd May 2001, the House of Lords gave their judgment to Lister v Hesley Hall [2001] UKHL 22. By overruling a previous decision of the Court of Appeal; Trotman v North Yorkshire County Council [1999] LGR 584. The House of Lords widened the scope of vicarious liability to include acts...
The Responsibility of University Administration Off-Campus: How far Does Liability Extend, and Under What Circumstances Does it Exist?
Thesis - 6 pages - Educational studies
Universities and colleges in the United States have long been held legally responsible for their students, even though the circumstances surrounding this responsibility have evolved over time. The basis of this responsibility lies in the concept of in loco parentis, when a university takes the...
The American revolution: Case study in detail
Thesis - 17 pages - Modern history
In 1763, the Treaty of Versailles ended the Seven Years War between France and Spain against Great Britain. The victory of the latter (gain of French, Canada, of all the territories east of the Mississippi except New Orleans, and with Spanish, Florida) was certainly a matter of immense pride in...
The evolution of modern US society
Case study - 4 pages - Literature
Every country has a distinct turning point. Evolution is necessary for the growth of any nation. The modern society of the United States is an exemplification of this. There were several events and individuals that help mold the modern American society. The evolution of modern U.S. society...
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, as a...
The main differences between the civil and the common law systems
Thesis - 5 pages - European law
The majority of legal authors divide the legal systems in the world into two mains groups : the common law on the 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 as a...
The right to freedom of speech
Thesis - 2 pages - Political science
As Americans, freedom of speech is one of the rights we cherish most. In recent times, this freedom of speech has been called into question. Namely, where it may occur and what we are allowed to say. In the court cases Harper v. Poway and Doe v. University of Michigan, the justices...
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...
