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15 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...

06 Sep 2013


Case study - 1 pages - Administrative law

A courtroom Judge is the person who signs the arrest warrants that permits an arrest to occur and the search warrants required for the Police to perform legal searches. Before a trial may begin, there are certain steps that must be followed. After an arrest has been made the booking...

13 Jan 2009

The political role of the judges in law and politics

Essay - 4 pages - Political science

My presentation is concerned with the relationship between law/the judiciary and politics. The laws relating to civil and criminal wrongs are indeed made either by Parliament in the form of Acts of Parliament (also called statutes) or by the judges themselves (then called the common law)....

31 Mar 2009

A discussion concerning the belief that 'Judges do not make law - they only declare it'

Thesis - 6 pages - Civil law

The function of a judge in any legal system remains a true phenomenon even today. Barristers, solicitors, law students and the general public often question the precise role of a judge ? puzzled over whether judges are authoritarian law-makers, or if their profession makes...

31 Mar 2009

A paper examining the controversy that surrounds the question of what Judges are doing when they are deciding cases

Thesis - 5 pages - Social sciences

If we accept the hypothesis, that judges do indeed make law through their decisions, we need to look closely at the judges themselves to decide whether they are capable of performing that function. Judges are not, in this country, elected, as are the other law-makers (the...

02 Sep 2022

Silicon Valley - Mike Judge, John Altschuler and Dave Krinsky (2014-2019) - Gender and society

Text commentary - 1 pages - Sociology

Gender has been an essential research issue in social sciences, with the studies conducted on the impacts of gender on various aspects of human expression and perception as well as the investigations of career and societal implications of gender and possible underlying biases according to...

13 Oct 2022

History of the Common Law System on the English Legal System

Essay - 11 pages - International law

As a direct result of the colonization by the British, many of its states naturally acquired this common law system, being the English law in globo, maintaining its primary principles, procedures, actors and modes of proof. As a consequence of this adoption and utilization of English law, and the...

20 Sep 2022

The United Kingdom Judicial System Today

Presentation - 18 pages - Constitutional law

This documents contains a presentation explaining the United Kingdom judicial system today.

12 Jan 2023

Political Inaction

Essay - 1 pages - Political science

Democracy allows people to make choices. We can see it for instance nowadays with the choice of being vaccinated against coronavirus. In France, there is the possibility for a group of citizens supported by senators to make a referendum. Hugo Clement, a journalist, decided to use this possibility...

18 Aug 2022

The American Legal system versus the English Legal System

Tutorials/exercises - 3 pages - Other law subjects

When we talk about the American legal system, it should be understood as the legal system that applies in the United States of American (US), whereas the English legal system is the one that takes place in the United Kingdom (UK) : England, Wales, Scotland and Northern Island, except for...

07 Nov 2014

Criminal Evidence and Procedure- if judge decides to exclude the evidence can the prosecution introduce it at the trial?

Case study - 3 pages - Criminal law

The evidence falls under the Exclusionary Rule, which prevents the prosecutor from relying on evidence gathered through means that violate the Constitution. There was no search warrant in getting the evidence and it resulted in illegal search and seizure which is against the dictates in the...

17 Jun 2021

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...

03 May 2021

The Tell-Tale Heart - Edgar Allan Poe (1843)

Book review - 2 pages - Literature

Edgar Allan Poe is a 19th century American romantic writer best known for his dark and mysterious short stories. 'The Tell-Tale Heart', published in 1843, is one of the most famous ones. It is about a murderous narrator trying to convince the reader of his own sanity by explaining and...

29 Sep 2010

"The concept of the Rule of Law as defined by Dicey still remains valid : it provides a measure against which we can judge the attitudes and actions of Parliament, Government and the courts"

Essay - 5 pages - European law

The rule of law is often expounded as a pillar of the English Constitution. It was described by Lord Bingham as "the second great rock on which [Dicey?s] constitutional edifice was founded". It was referred to as a statute for the first time, in the Constitutional Reform Act 2005, as an "existing...

18 Dec 2008

From judging to legislating: The Supreme Court as a law-making body

Essay - 4 pages - Journalism

Whether the judicial branch in the United States should exercise activism or restraint has been debated since before the constitution was ratified. Delegates to the Constitutional Convention in 1787 were split on the issue, and left Article III of the Constitution purposefully ambiguous, most...

08 Apr 2023

How Does the Constitutional Council Carry Out the Constitutional Review Under the Fifth Republic?

Essay - 5 pages - Constitutional law

The Constitutional Council is defined by the articles of Title VII of the 1958 Constitution. Its arrival in seventh position in the order is indicative of the lack of importance that the constitution grants it. The introduction of a jurisdiction in charge of priority preliminary rulings was...

06 Sep 2013

An unmanageable case-management quandary

Essay - 3 pages - Administrative law

As with any organization difficulties in productivity effectiveness and efficiency occur when increases. These difficulties include tasks that arise and need to be resolved. The criminal justice court system is no different. Time management of cases to be tried and reviewed cause backlogs within...

29 Sep 2010

English legal system: The Sources of English Law

Course material - 87 pages - Constitutional law

The judicial decisions are the first to be found to develop a system. Today, they are still influencing the system as a whole. Judicial decisions have a weight that their continental counter part does not have. In England, under certain requirements, decisions are biding the judge with the...

06 Sep 2013

Courtroom standards analysis

Case study - 3 pages - Administrative law

The role of a Judge in a courtroom is very important. The Judge has many different responsibilities under his or her robe. A courtroom Judge is the person who signs the arrest warrants that permits an arrest to occur and the search warrants required for the Police to perform...

29 Sep 2009

Courts, unelected tyrants and public forums

Thesis - 7 pages - Administrative law

In 2000, during the American presidential elections, the role of the Supreme Court was highly contested. Indeed, it consists of a majority of judges appointed by republican presidents and it decided to stop counting the voices manually in contested towns in Florida and George Bush won the...

26 Jul 2011

Criminal Law

Thesis - 22 pages - Criminal law

What is an actus reus? An actus reus is more than just an act. It includes whatever circumstances and consequences that are required for liability for the offense in question which means that an actus reus is composed by all the elements of an offense other than the mental element. Some crimes,...

19 Nov 2013

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...

15 Jan 2009

Judicial activism in Canada

Essay - 5 pages - Political science

In 1982, Canada has known a very significant shift with the adoption of the Charter of Right of Freedom. Before this date, Canada only had a Bill of Rights (1960's) which was a statute and did not allow the courts to restrict the action of the Parliament. But the 1982 Charter of Rights and...

09 Jul 2012

Freedom of expression and the media

Case study - 20 pages - Journalism

There is a general consent that free speech is a good thing. Countries without it are undemocratic, not protecting individual rights. Media has encouraged the exchange of ideas; social networks have helped free speech. Judges who have to decide on free speech cases will try to balance this...

29 Jul 2009

American Idle (Idol)

Essay - 15 pages - Social sciences

Love it or hate it, American Idol has become a seemingly immortal fixture in American culture. Pouring into our homes through high definition television on at least two nights a week, the show is more present in family life than your average workaholic, deadbeat dad. Of course the success of the...

29 Sep 2010

Is the adversarial system of criminal procedure more or less effective than an inquisitorial system in finding out the truth about an alleged offence? Advantages and disadvantages of adversarial and inquisitorial criminal procedure - published: 29/09/2010

Essay - 7 pages - Criminal law

As early as 1866, Faustin Helie, a French judge and legal author, underlined the idea of a necessary equilibrium between the interests of the society (which needs to be protected from infringements) and the interests of the accused persons (whose rights must be totally guaranteed) in the...

31 Jan 2010

Is the adversarial system of criminal procedure more or less effective than an inquisitorial system in finding out the truth about an alleged offence? advantages and disadvantages of adversarial and inquisitorial criminal procedure

Essay - 7 pages - Penal procedure

As early as 1866, Faustin Helie, a French judge and legal author, underlined the idea of a necessary equilibrium between the interests of the society (which needs to be protected from infringements) and the interests of the accused persons (whose rights must be totally guaranteed) in the...

16 Jan 2009

Hissène Habré's case: Origins and current debate

Case study - 9 pages - Other law subjects

In February 2003, the Darfur conflict, an ethnic clash in western Sudan, began and, in March 2004, Mukesh Kapila, called it the "world's greatest humanitarian crisis". Thus, in January 2005, the UN Secretary-General's Commission of Inquiry on Darfur estimated in its report that there were...

29 Sep 2010

From Russia with Love: Lessons of the Noga arbitration case

Dissertation - 20 pages - International law

Globalization is the new buzz word and the lingua franca of international business. With the numerous advantages flowing through globalization, this new process is taking a new shape by getting more critical and unyielding. To elucidate further on its uphill spin, an onlooker can observe its...

03 Jan 2011

The control of constitutionality and its limitations in France and United States

Thesis - 4 pages - Political science

The Constitution is the supreme law in the hierarchy of norms laid down by Hans Kelsen. This poses a problem in the domestic hierarchy of norms by raising a question about how to enforce the superiority of the Constitution, particularly with respect to the law. Thus, the difficulty faced by the...