Components of the court system
Essay - 2 pages - Other law subjects
Every aspect of our society has varying proponents. Nothing goes without refute. This is evident in politics, economics, and history. An exemplification of this may be presented through our court system. Court proceedings vary based on the nature of the hearing. Civil cases drastically vary from...
Independence and impartiality of arbitrators
Case study - 5 pages - Other law subjects
There is a tension inherent to arbitration that raises the sensitive issue of the independence and impartiality of arbitrators; it is the “tension of an ideal, that is, perfect fairness of the arbitrator, against the reality that the very method by which arbitrators may be selected can...
HSM Law
Case study - 2 pages - Other law subjects
Laws are in place to protect each of us from others as well as ourselves. If some laws had not been put into place, we could be in danger. Other laws are not there for physical protection, but to protect our identities or personal information. In this world there are many unscrupulous people who...
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...
Sample cover letter, for a position in a law firm
Case study - 1 pages - Other law subjects
It is with great pleasure that I write and express my interest in your law firm. My hope is that after you read this letter, and review my CV, you will appreciate the unique skills that I possess, and my potential to be an invaluable asset to your firm. Briefly, I am a physician that...
Consensual relationship agreements case study
Case study - 5 pages - Other law subjects
Consensual Relationship Agreements are a form of companies trying to protect themselves from legal liability if an office relationship ends in failure. It was more or less formed in the wake of Bill Clinton's extramarital affair with Monica Lewinsky (Love Contract). “ … According to...
Policing, a masculine institution
Case study - 3 pages - Other law subjects
Masculinity is the socially generated consensus of what it means to be a man, to be “manly” or to display such behavior at any one time (Prokos and Padavic 2002), and policing in the United States is absolutely a masculinist institution. As an organization, it utilizes a certain set of...
Transocean vs. the United States
Case study - 5 pages - Other law subjects
In 2008 Transocean, one of the world's largest offshore oil drilling contractors, moved its corporate headquarters from the Cayman Islands to the canton of Zug, Switzerland. The move placed what was already a wildly lucrative company in an even more enviable position. Since their 1999 move from...
Tinker v. Des Moines Independent Community School District 393 U.S. 503 (1969)
Essay - 1 pages - Other law subjects
John and Mary Beth Tinker, high school students, decided with their friend, Christopher Eckhardt, to wear black armbands to school in protest of the Vietnam War. The armbands included a peace sign and were meant to support President Kennedy's call for a Christmastime truce. The school board...
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...
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 new...
The discussion of Hart and Fuller
Essay - 7 pages - Other law subjects
Natural law has to explain the nature of morality. The natural law view believes that the creation of law should be based on natural laws or common morals. Laws are based on purpose, not on meaning of the words. Natural lawyers do not separate law and morality, since an unjust law is not a law at...
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...
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...
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...
The protection of consumers on Internet
Essay - 15 pages - Other law subjects
The recent boom of the internet in Europe and the emergence of a new kind of commerce (e-commerce) led to a widening of the commercial offers that can be proposed to the consumers. Simultaneous with such an expansion in internet offering come the demand for online security regarding the rights...
The utilitarianism of government gaming laws in the United States
Tutorials/exercises - 9 pages - Other law subjects
The current U.S. ban on sports betting goes back to 1961 when the federal “wire act” made the act of transmitting bets across state lines via the telephone illegal. The only state to offer legal sports betting has been Nevada. (Delaware and Oregon also have made attempts to offer sports...
Common law as a paradigm: The case of Dorset Yacht Co. v. Home Office
Case study - 5 pages - Other law subjects
The concept of law can be explained in many different ways and methods, however to easily sum it up one could say it's mainly used as a dispute resolving mechanism that minimizes or altogether prevent the practice of self help. Law can also be described as a social system, something that is...
Government coercion through duress and contract modification
Thesis - 5 pages - Other law subjects
In Rumsfeld v. Freedom NY, Inc., 329 F.3d 1320 (2003), the government contractor was finally able to procure some relief after a 17 year struggle to rectify the shameful, bad faith tactics of the Defense Logistics Agency. The government's ACO, Marvin Lieberman, breached the contract by refusing...
Cyber crime
Presentation - 20 pages - Other law subjects
Cyber crime refers to anything done in the cyber space with a criminal intent. These could be either the criminal activities in the conventional sense or could be activities, newly evolved with the growth of the new medium. Cyber crime includes acts such as hacking, uploading obscene content on...
Common land ownership in Scotland
Thesis - 7 pages - Other law subjects
This essay was largely inspired by the working papers of Andy Wightman, Robin Callander, Graham Boyd and James Perman. James Perman is a Chartered Accountant from Largs. Andy Wightman, Robin Callander and Graham Boyd are independent authors and researchers who work together on occasion through...
Theories and case studies on copyright issues in a digital environment, logo infringement and patents
Thesis - 11 pages - Other law subjects
Locke propounded the theory that protection of property is to justify it as a reward for the labor put in to create / generate it by the creator. Locke started his theory with the presumption that ‘every man has a property in his own person'. Locke claims that an individual's labor belongs...
Information technology related intellectual property rights: Discussed using various case studies
Thesis - 10 pages - Other law subjects
Ms. Rukmini residing in India has taken photographs of small children as a professional photographer. The photographs are taken on the theme of expression of babies. As is present in India, children are like God and hence it does not matter if the photographs are nude. This was an issue in USA as...
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...
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...
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...
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...
