The risks of democracies
Essay - 3 pages - International law
In order to determine whether there is a violation of due process, it is necessary to ask several cumulative and conditional questions. If so, is a fundamental right involved? And finally, depending on the answer to this question, it is necessary to apply the standards of the review to provide an...
Witnesses and Data Messages
Law case study - 3 pages - Criminal law
In terms of section 15 of the Electronic Communications and Transactions Act, 25 of 2002 ('ECTA') the legal requirements for the admissibility and weight of data messages are stipulated by the Act. The term 'data message' means data generated, sent, received or stored by...
Professional ethics of attorneys (South Africa)
Law case study - 6 pages - Other law subjects
Mr. Matlou was the attorney at the state attorney who was briefed by the department of health to represent it as a defendant in the case L v MEC for Health, Gauteng. His conduct in the matter and the manner in which he dealt with it both before, during and after the trial, illustrates...
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...
State sovereignty in international public law
Essay - 5 pages - International law
Jean Bodin (1530-1596) considered that the concept of sovereignty is an absolute concept. Sovereignty is a key concept when it comes to dealing with the state and its place in the international arena. It is, indeed, a concept that has been fostered to characterize the intrinsic power of states:...
Estoppel: questions and case study
Essay - 5 pages - International law
The doctrine of the promissory estoppel is a remedy afforded to a party receiving a promise/representation (the promisee) enabling them to rely on that promise/representation made by the other party (the promisor) to recover damages due to the either beneficial or prejudicial and detrimental...
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...
The International Criminal Court and the Peace Process in Northern Uganda
Essay - 9 pages - International law
The Juba Peace Talks that started in July 2006 in Southern Sudan seem to be one of the best chances to bring an end to the 20-year-long raging conflict in the region of Northern Uganda. Known for its unbelievable atrocities, the war has by now caused the displacement of more than 1.7 million...
American police history
Essay - 1 pages - Criminal law
In the foggy streets of London in 1829 a ruling made by British Parliament would change the system of policing around the world drastically and forever. This ruling was based upon the ideas of a man named Robert Peel, and these ideas are still the major basis for police in America today.
"Toward Neutral Principles of Constitutional Law" by Herbert Wechsler and the Brown v. the Board of Education Legal Decision
Essay - 2 pages - Constitutional law
In "Toward Neutral Principles of Constitutional Law", Herbert Wechsler brings up difficult issues that are eternally present in cases that make their way up to the Supreme Court. While we often deny these issues and simply assume that the court is making a decision that is "Constitutional" and...
Our Undemocratic Constitution - Sanford Levinson, 2008
Book review - 4 pages - Constitutional law
In "Our Undemocratic Constitution" by Sanford Levinson, the author argues that the Constitution has become outdated, and that it must be changed. His basic premise is that our nation was not the same as it was during the Constitutional Convention in the late 18th century, and in order to remain...
The Civil Rights Act of 1964
Essay - 2 pages - Other law subjects
In the 1960's, our country went through many significant transformations. The Civil Rights Acts of 1964 which was passed by President Lyndon Johnson gave enormous rights to black people, women, all ethnic groups, and the Act made it illegal to discriminate against people for trivial reasons....
UK revenge porn laws: Literature review
Essay - 5 pages - Other law subjects
Revenge porn is a type of illegal activity where a party exposes explicit images or other materials such as videos, of a person whom they had a relationship with but broke up in retaliation to the break up with the aim of hitting back at their significant others. It may also occur when hackers...
Criminal justice ethics
Essay - 2 pages - Other law subjects
The processes and systems set to prevent and mitigate crime, impose criminal punishments to those who violate the law and recommend rehabilitation is criminal justice. (Banks, 2013).Criminal justice ethics focuses on enforcement of the law being guided by social institutions and values. A...
Separation of power in Australian law
Essay - 3 pages - Other law subjects
Principally, it refers to constitution principle and ideology that offers check and balances to any power vested in any institution or person. Governmental authorities are divided into different branches for example, there is legislative arm that comprises of senate and parliament, executive...
Comparative law : relationship between law and religion
Essay - 7 pages - Other law subjects
The promotion and securing of peaceful dispute settlement is typically one of the most critical, although difficult, objectives of the international legal system. The fundamental principles as well as methods, which govern the settlement of such disputes today, especially interstate disputes, are...
Airline and pilot safety
Essay - 25 pages - Other law subjects
Safety has consistently been one of the primary concerns in the aviation industry. The crucial nature of safety in this sector is accentuated by the fact that most airplane accidents result in catastrophic loss of life. Such accidents also lead to incurrence of significant costs in terms of...
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...
Gay rights and human rights
Essay - 1 pages - Other law subjects
All humans should share certain rights, regardless of their identity. However, this is not the case in multiple states. Our country has been rid of laws that discriminate based on race. Nevertheless, one discriminating factor is prevalent within our nation. Homosexuals are still discriminated...
The need for moral rights for animals
Essay - 1 pages - Other law subjects
Animals are a crucial part of our society. However, they are not respected in this manner. Most people do not recognize or appreciate their existence. Several authors have observed the schizoid quality in the relationship between humans and animals. An Animal's Place by Michael Pollan and The...
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...
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 must...
The nullity of the preliminary phase the judgment
Case study - 4 pages - Other law subjects
Jurisprudence has devoted substantial early nullities. Then, an Act of 1897 instituted 8/12 textual nullities. Infringement of defense rights has gradually become the criterion for determining existence of substantial nullities (Cass, 12/06 1952, Imbert). The substantial nullities have been...
Managerial Economics: Welfare Corporate Social Responsibility
Case study - 5 pages - Criminal law
Free market theory was a dominant theme of the 1780s propagated by economists such as Adam Smith. Amongst other things was its exclusive resolve that there should be minimal government involvement in the business of the economy if any at all. It was the era of the industrialization concerned with...
Where Prosecutions Go erroneous - Crime and Punishment
Case study - 3 pages - Criminal law
The main mandate of the justice system is to investigate, make arrests, gather evidence, bring charges forward, conduct trials, render a sentence and carry out a punishment. The judicial system is therefore trusted to make the right judgments and to give punishments only to those who...
The Legal, Ethical, and Technological Concerns in Investments
Case study - 2 pages - Business law
The need for accountability links the accounting and financial reporting of businesses to the law. The main interest of the law in this case is to protect the interests of the public from manipulations of the statements to exploit unsuspecting citizens. In addition, the law creates a platform for...
