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...
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...
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 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%....
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...
Right to reputation and freedom of speech, a question of balance
Essay - 5 pages - Civil law
Right to reputation and freedom of speech (from which freedom of press derives) are two rights that have an unusual relation as the strict application of the first one renders impossible the existence of the second, and vice versa. The simultaneous application of these two rights makes it...
Maxims in equity
Essay - 3 pages - Civil law
The first part in Lord Brown-Wilkinson's citation "Although Equity will not aid a volunteer" is one of the most important maxims in equity. The general definition of a maxim is "a general truth or rule of conduct expressed in a sentence". In the context of equity, maxim has a particular...
Social issues in the courtroom
Thesis - 2 pages - Civil law
The clash of ideologies is inevitable: someday, someone is going to disagree with what you believe in. The question remains: where does the conflict get addressed, if it ever does? Do you decide that there is no point in understanding your differences? Do you enter a...
Landlord and tenant law problem
Thesis - 4 pages - Civil law
Firstly, with regard to the terms of the original tenant's lease, the lease was for a term of ten years granted in 2001 and includes numerous leasehold covenants. In addition to the express leasehold covenants, the law will imply covenants into a lease , which include the following:...
The innocence project
Thesis - 7 pages - Civil law
The inclusion of scientific evidence in criminal trials has been controversial, often met with a judicial propensity against admission of such evidence due to perceptions of unreliability and jury confusion. Conversely, it is evident that the use of DNA testing evidence has been instrumental in...
Wilson Kelling theory of broken windows
Thesis - 5 pages - Civil law
The focus of this analysis is to critically evaluate the explanation of the broken windows thesis postulated by Wilson & Kelling with regard to community policing in the neighborhood its concurrent role in maintaining order. A central theme in the debate on community policing has...
