The Burden of Proof
Course material - 1 pages - Civil law
The burden of proof in civil and criminal cases is the obligation to provide evidence validating or disputing a certain occurrence. It is an obligation to proof what has been alleged in judicial proceedings. The burden of proof differs in criminal and civil cases whereby in criminal lawsuits, it...
The great common law and civilian law divide is a myth
Essay - 5 pages - Civil law
Common law and civil law are generally considered the two major legal traditions that developed in Western societies. Common law is based on judge-made law through precedents set in past court decisions. Civil law originated in Roman law and is codified in comprehensive legal codes....
Deniers and Disbelievers: ?If I Get Corona, I Get Corona.? - John Branch (2020) - Coronavirus in the US
Text commentary - 1 pages - Civil law
The Article 3 of the Universal Declaration of Human Rights "Everyone has the right to life, liberty and security of person" embeds itself a paradox, highlighted by the current situation in the United States. As Covid-19 spreads through the country, some people prefer to deny its risks and choose...
How did the Duty of Care Concept in Negligence Evolve?
Essay - 3 pages - Civil law
Negligence is a behavior that violates a duty of care, which is a legal obligation to take reasonable care to avoid causing harm to others. In the context of tort law, negligence is a fault that may be engaged when the responsible individual or entity fails to take reasonable precautions to avoid...
The definition and scope of eviction
Essay - 2 pages - Civil law
In light of recent court cases, eviction is one of the most important components of civil law. It protects the rights of both the landlord and the tenant while supporting general health and safety interests. Through these writings, therefore, we will explore the definition and scope of eviction,...
Legal Proceedings in Common Law Jurisdictions and Civil Law Jurisdictions
Dissertation - 4 pages - Civil law
Common law and civil law jurisdictions are often regarded as antagonist interpretation of the rule of law in modern societies. Indeed, both constitute the dominant views of law in general, as they are "often made the basis of comparative law studies". The bipolarisation of the legal systems can...
What is the highest judicial authority in France and how important is it?
Essay - 2 pages - Civil law
The court of cassation is the highest court in France. It hears appeals from decisions of the lower courts, and reviews the constitutionality of laws. Moreover, in application of the (article L4111-1 of the Code de l'organisation judiciaire), there is, for the whole Republic, only one Cour de...
Legal Philosophy - Value judgments and how judges decide cases - Mapodile v Minister of Correctional Services 2016 (2) SACR 413 (GJ)
Law case study - 5 pages - Civil law
This case concerned the rights of gay prisoners and their treatment in prison. The applicant was a gay prisoner who brought an application to the court seeking the court's assistance in establishing the rights of gay and lesbian men and women to be confined in cells with people of similar...
Freedom of Speech and Freedom of Religion in United States
Case study - 7 pages - Civil law
Owing to centuries of religious conflicts and oppression, the Founding Fathers wrote the first amendment of what will be the Constitution of the United States of America while highlighting freedom of religion. Indeed, in the 16th century, French Huguenots established a colony at Fort Caroline in...
Roe v. Wade, 410 U.S. 113 (1973) - The Right of Privacy and Abortion
Law case study - 5 pages - Civil law
First of all, it feels right to define what's the right of privacy. Several definitions can be found. The right of or to privacy is the right not to have one's personal matters disclosed or publicised - Louis Brandeis who will be appointed to the Supreme Court qualified it as the right to...
Europe vs America - different approaches to privacy
Essay - 5 pages - Civil law
Everything that people do within the internet leaves behind some digital fingerprints. This means that it is logical that most users of the internet worry a lot about the matter of privacy. Because laws of privacy are different from one country to another, a company may not be obligated legally...
Legal aspects of the law and legislations
Case study - 5 pages - Civil law
The purpose of this essay is to analyse a case scenario at the Sunnyland Day Respite Center with focus being on the legal aspects of the law and legislations. The paper will analyse the various aspects of the law in relation to the case that resulted in the unnecessary death of the patient. In...
Texas civil rights
Essay - 2 pages - Civil law
The darkest times of our nation surrounded two major happenings. The initial occurrence was the institution of slavery. Second, the struggle for civil rights has plagued our country even through today. Texas has been a key state in each of these events. Research of the civil rights movement...
Affirmative action legislation
Essay - 2 pages - Civil law
Affirmative action is mentioned in association with efforts to promote social equalities at work places. Legislation was used to enforce and guarantee equality initiatives in organizations. These initiatives protected persons like the disabled the elderly, gender groups and others (Glenda, John &...
Public law: Judicial review
Case study - 4 pages - Civil law
As much as Catford District Council has authority to issue retailing license to pet-shop owners and operators, the relevant statute provides discretion to the local authority to conduct consultations if necessary. The fact that the license was legally issued and Alya is not comfortable with the...
Legal methodology for students
Case study - 15 pages - Civil law
The practical case is an exercise also called legal consultation, or legal composition. The object of the practical case is to bring the legal solution to facts given and to state the consequences. For that, we applied the mechanism of the legal syllogism. There is no question to state a...
UK Trust Law - A Case Study on Tracing
Case study - 5 pages - Civil law
Tracing is the process by which assets or property can be traced into the hands of a third party. Tracing can also be the ‘process of identifying a new asset as the substitute for the old' . Within the field of tracing there are two types - tracing at common law and tracing at equity. In...
Key Landmark Decisions of the United States of America Supreme Court
Case study - 4 pages - Civil law
Two landmark decisions of the United States of America Supreme Court, Plessy v. Ferguson, 163 U.S. 537 (1896) and Miranda v. Arizona, 384 U.S. 436 (1966) have a played a key role in anchoring constitutionalism and have provided a varied interpretation of the constitution in everyday judicial...
Freedom of Expression
Case study - 6 pages - Civil law
Freedom of expression is outlined in article 10 of the European Convention of Human Rights and is arguably one of the most important rights that we are granted by the Convention. Through this right we are able to promote truth, democracy and self-fulfilment, which collectively promote the idea of...
Should Television Formats Be Copyright able?
Case study - 9 pages - Civil law
The idea of copyrighting television formats has become a prevalent area of debate in recent years, partly due to the increased global marketing/trade in television today and partly due to the changing nature of our television viewing habits and the types of programs on offer to the public at...
Privacy and Internet
Dissertation - 25 pages - Civil law
The Internet is a wonderful tool for information and communication but the fact remains that many applications that are related to it latter raises many questions about the protection of the privacy of the user. The computer has invaded our lives, whether in the workplace or at home. At the same...
The concept of privacy laws
Essay - 2 pages - Civil law
The concept of privacy rights emerged gradually. The Universal Declaration of Human Rights of 10 December 1948 stipulates, in Article 12, that "no one shall be subjected to arbitrary interference of his privacy, whether it be related to family, home or correspondence, nor to attacks to his honor...
Human Rights of the Dead : Posthumous interests
Essay - 5 pages - Civil law
The question of death and the deceased is at the core of the definition of human rights. Dead persons do not perceive harm: they are not in contact with the world and are unaware of reality considering they do not exist. They cannot claim their rights neither can they file a lawsuit. It could be...
The e-marketing plan of a Belgian SME: Cha-hu-the - published: 29/09/2010
Case study - 26 pages - Civil law
Nowadays, “the key question is not whether to deploy Internet technology - companies have no choice if they want to stay competitive- but how to deploy it”. Since 2008, the penetration rate of the Internet is 48.1% in Europe, and the average of the world is 21.9%. More specifically,...
Plessy Vs Ferguson, 1896
Law case - 5 pages - Civil law
Slavery was 'politically' abolished during the Civil War in 1863 by the 'Emancipation Proclamation' of President Lincoln, who used his formal powers in order to deprave the south of its first source of income. This was rather a pragmatic declaration than a real political decision....
Struggles for Recognition in the Democratic Constitutional State, Jurgen Habermas
Book review - 3 pages - Civil law
Jurgen Habermas, a German philosopher and sociologist born in 1929, has propounded theory inscribed in the tradition of the significant theory and American pragmatism. He has written several pieces about communication, social identity, Europe and multiculturalism in the post-national...
Small and Medium Enterprises in Morocco
Worksheets - 3 pages - Civil law
The SME's represent more than 93% of the Moroccan enterprises. However, despite of their preponderance in the Moroccan economic context, they employ only 44% of the active population, represent only 38% of the national production and their contribution in the GDP is weak. The SME's are...
High Court of Justice Chancery Division on 29th October 2008, Carr v Beavan: the testamentary capacity
Law case - 4 pages - Civil law
The court has to focus on the testator mental capacity at the time of making his will, since a man diminished in physical and even mental strength may nevertheless make a valid will, provided that he was in possession of his full capacity at the precise time of the writing of the will. In order...
Breach of duty of care/ negligence in tort law: Mr J Madisson in Caparo v Dickman
Law case - 4 pages - Civil law
The tort of negligence is one of the most important fields of tort law in modernized law. When a claimant suffers from an act or an omission on behalf of a third party, innumerable ways and means are proposed to impose liability on the defendant. It is essential and necessary for the claimant to...
UK and French legal system : structural and conception differences
Case study - 6 pages - Civil law
The governing laws and its legal system in France and the United Kingdom have major differences, as each of the legal systems have and are based on various views. France is governed by the Constitution of 1958. All the French laws are based on this text. In the United Kingdom, the laws are based...
