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12 Mar 2021

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...

25 May 2020

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...

25 May 2020

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...

09 Sep 2015

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...

27 Jul 2015

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...

24 Jul 2015

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...

24 Jul 2015

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...

21 Jul 2015

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...

02 Dec 2014

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...

27 Aug 2014

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...

29 May 2014

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...

28 May 2014

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...

22 May 2014

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...

03 Feb 2011

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...

03 Feb 2011

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...

29 Sep 2010

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...

29 Sep 2010

The e-marketing plan of a Belgian SME: Cha-hu-the

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%....

29 Sep 2010

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....

29 Sep 2010

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...

29 Sep 2010

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...

29 Sep 2010

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...

29 Sep 2010

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...

29 Sep 2010

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...

29 Sep 2010

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...

29 Sep 2010

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...

09 Aug 2010

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...

25 Feb 2010

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:...

25 Feb 2010

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...

25 Feb 2010

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...

25 Feb 2010

The attempt by Franklin D. Roosevelt to court packing and the lasting affects it has on today's political structure

Thesis - 6 pages - Civil law

In 1937 President Franklin Roosevelt (FDR) introduced the new deal reforms, which have been described as “the biggest political blunder of his career…. Yet it was… fortuitous, even pivotal, importance for the fate of Social Security” (Zelizer, 2000). ...