The unfairness of settlement class action lawsuits
Essay - 6 pages - Civil law
When settlement class action lawsuits followed the rise of mass tort class actions and gained acceptance, they eliminated the ability of plaintiffs' counsel to represent cases fairly, threaten trial as a bargaining tool or protect future plaintiffs from attorney conflicts of interest. This...
Critically analyse arguments for and against the introduction of a no-fault scheme for the tort of negligence
Essay - 13 pages - Civil law
The characterisation of a no-fault scheme is rooted in the principle of distributive justice, compensating victims without having to establish causation and fault. Conversely, current liability for negligence involves fault considerations based on legal theoretical concepts determined through...
Management report - Trade union recognition
Essay - 7 pages - Civil law
This report considers and advises on the legal and practical implications for the Company Board of Directors (“the Board”) of the invitation for voluntary recognition as a Trade Union (“TU”). The relevant law applicable to TU recognition is the Trade Union and Labour...
The Effectiveness of Restorative Justice
Essay - 7 pages - Civil law
In recent years, restorative justice has been utilized by various jurisdictions and organizations across the globe in an effort to promote increased satisfaction and fairness to participants, as well as hoping to lower crime rates and achieve a multitude of other objectives. Furthermore, it has...
Should the common law courts recognise the need for a general doctrine of unconscionability?
Essay - 7 pages - Civil law
The doctrine of unconscionability remains a venue of debate and controversy not only for legal scholars, but for judges and attorneys in this country and abroad. The idea of unconscionability is in itself problematic. How can a judge, jury, or attorney deem what is or is not fair? Even if an...
Homosexuality and the Law in Canada
Case study - 4 pages - Civil law
Authority has always discriminated and has been prejudiced towards several different categories of people. Whether it's ethnic group, gender, size, or sexual orientation there has been a history of unfair treatment. The world has come a long way into adapting and accepting the multicultural boom...
Karlene Kincaid v. River Bluffs Community College : Appeal
Essay - 8 pages - Civil law
This appeal is from the order granting Defendant's Motion for Summary Judgment in the United States District Court for the Western District of Missouri, Western Division. The District Court had jurisdiction over this case pursuant to 28 U.S.C. ยง 1331 (2002) because this case arises under the...
Parking space lease agreement
Standard contracts - 1 pages - Civil law
_____________________, hereafter referred to as Lessor, does hereby agree to lease to ________________________, hereafter referred to as Lessee, ____ parking space(s) located at ________________________ in ____________________, such parking space being further described as Parking Space No. ____...
To Legalize or Not to Legalize : The question of Marijuana in America
Essay - 2 pages - Civil law
Once upon a time… or more accurately in the early 1930's, marijuana was made illegal and renamed the ‘Devil's Weed'. Whether or not there was a conspiracy to make hemp illegal by the government and the pulp paper industry is hard to say, but one thing is for certain, the strangling hold...
The Criminalization of Our American Youths: Is Twenty-One an Unfair Drinking Age?
Essay - 2 pages - Civil law
Alcohol, a cheap easy way for many young American adults to enjoy a society which has cast selective freedoms which they fight and die for right out the window. An issue which has plagued young adults since its surfacing in 1984 under President Regan, should the legal drinking age for all...
