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...
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...
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). The...
The rule of precedent
Essay - 4 pages - Other law subjects
In a society ruled by law, it is essential that the law is applied in the same way to those in similar situations. This way people know when they are breaking “the law”. It also ensures that citizens are treated fairly, in the sense of being subject to the same judgement. The...
How can we balance the need of protection for vulnerable witnesses and the rights of the accused?
Essay - 10 pages - Other law subjects
The tension between the rights of the accused and a vulnerable witness has remained a problematic balance to address through the criminal justice system. The enshrined presumption of innocence imposes a burden of proof set “beyond reasonable doubt ”, further bolstered by the...
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 them mere...
How should we punish offenders?
Essay - 9 pages - Criminal law
Criminological debate has propounded polarised theorem as to the most efficacious method to punish offenders within the criminal justice system. Whilst academics agree on the concept of “punishment” as a necessary means they “disagree on the underlying reason that makes...
Explain and discuss the effectiveness of the EC Treaty provisions concerning state aids in preventing distortions to the operation of the single market
Essay - 12 pages - International relations
As recognised by the EC Treaty, state aids are important and necessary policy instruments to achieve social and economic goals. However, depending on the way in which they are given, State aids can have a material impact on competition, leading to significant distortions to the common market. An...
A paper concerning assessing the value of legal Tribunals
Thesis - 4 pages - Civil law
It has become the case that over the course of the 20th century an ever-increasing number of tribunals have come into existence alongside the ordinary civil courts, dealing with a wide variety of disputes, usually between the citizen and the state. Although tribunals do not adjudicate in all...
Common law as a paradigm: The case of Dorset Yacht Co. v. Home Office
Case study - 5 pages - Other law subjects
The concept of law can be explained in many different ways and methods, however to easily sum it up one could say it's mainly used as a dispute resolving mechanism that minimizes or altogether prevent the practice of self help. Law can also be described as a social system, something that...
The "Memorial Laws"
Tutorials/exercises - 13 pages - Social sciences
In the first part of this paper, I give an account of a recent controversy that arose in France and in which historians played a significant role. This controversy involves a number of actors: the French government, which passed the so-called “memorial laws”; the interest groups that...
The Constituent Assembly (1789-1791) and its major reforms during the French Revolution
Essay - 2 pages - Modern history
The Constituent Assembly is the Assembly in power in France between July, 9th 1789 and September, 30th 1791. On July 9th 1789, the National Assembly (created on 17th June) proclaims itself the Constituent National Assembly. This means its primary task will be to draw up a Constitution and adopt...
What you should know to negotiate in China
Essay - 31 pages - Management
China, like India, is more than a country. China is a civilization. The development of China has not only affected its own population, but has also affected people in the other parts of the world. To better understand this development, its beginning and where it can be expected to reach, it seems...
Controversy around memorial laws
Essay - 12 pages - Other law subjects
A controversy recently arose in France in which historians played a significant role. This controversy involves a number of actors: The French government, which passed the so-called “memorial laws”; the interest groups that lobbied the Parliament to pass them; the historians who became...
Are there limits to the capacities of the president of the United States?
Essay - 9 pages - Political science
"The best government is which governs least." This quote from the third President of the United States of America, Thomas Jefferson, raises explicitly the central issue that transcends the American political system, namely the extent of presidential powers.It is interesting to note that...
Outline and assess the extent to which the WTO agreements have legal effects before EU and member states' courts, creating rights for individuals and the possibility of testing the compatibility of EU secondary legislation with these agreements. - published: 09/05/2009
Thesis - 10 pages - International relations
Because its creation was not a simple extension of the GATT, literature has shown a lively curiosity for the reception of WTO law within the Community legal order. Some concrete facts justify this infatuation. Unlike its predecessor, the WTO is a permanent institution with its own secretariat...
Outline and assess the extent to which the wto agreements have legal effects before eu and member states' courts, creating rights for individuals and the possibility of testing the compatibility of eu secondary legislation with these agreements.
Essay - 12 pages - International law
Because its creation was not a simple extension of the GATT, literature has shown a lively curiosity for the reception of WTO law within the Community legal order. Some concrete facts justify this infatuation. Unlike its predecessor, the WTO is a permanent institution with its own secretariat...
How the Bush administration has abused executive power
Thesis - 4 pages - Political science
Since the United States Constitution was written, there has been a constant tug-of-war for power between the three branches of government: the executive branch, the judicial branch, and the legislative branch. In this time, the executive has been able to acquire many powers which include...
Arbitration in France, the Czech Republic and at the international level (2006)
Thesis - 11 pages - International law
Aristotle wrote, "For an arbitrator goes by the equity of a case, a judge by the law, and arbitration was invented with the express purpose of securing full power for equity." Arbitration is a form of Alternative Dispute Resolution, specifically, a legal alternative to litigation whereby the...
The issue of choosing a Supreme Court Justice
Essay - 8 pages - Constitutional law
Introduction In recent years, the stability of the Supreme Court has been challenged as a direct result of changes in the specific members that comprise the Court. Up until 2006, specific patters of decision-making could clearly be delineated. However, the death of Chief Justice William...
International human rights law
Essay - 4 pages - International law
Today, various international instruments allow for the protection and respect of human rights. Thus, the International Bill of Rights is the basis composed by the Universal Declaration of Human Rights in 1948 and the two subsequent International Covenants of 1966. The United Nations, which is...
The accession of States to the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR)
Essay - 5 pages - International law
Today, various international instruments allow the protection and respect of human rights. Thus, the International Bill of Rights is the basis composed by the Universal Declaration of Human Rights in 1948 and the two subsequent International Covenants of 1966. The United Nations, which is...
The Change Management
Essay - 14 pages - Business strategy
Charles Darwin said: “It is not the strongest species that survives nor the most intelligent, but the one most responsive to change”. Among many examples, my favorite is the case of the primitive tribe of Colombian Indians, the Kogis. The main particularity of this tribal organization...
The AMF (Financial Markets Authority) and market abuse
Course material - 5 pages - Criminal law
Market abuses are also a criminal offenses. Criminal sanctions can be pronounced. They will be pronounced by judicial courts and not by the enforcement committee of AMF. They pronounced fines or jail sanctions. In the french monetary and financial law, there are executive directive listed...
The French wine market and international competition
Market study - 32 pages - Services marketing
For a long time, France has been a "wine country", a reference in terms of production and consumption of wine. Nevertheless, this world leader has seen erosion in its market share for the last few years: volumes exported are decreasing and national consumption is down. The main cause is that...
Duress and undue influence
Thesis - 23 pages - Business law
"It is assumed that the parties know their own minds, that they are the best judges of their own needs and circumstances, that they will calculate the risks and future contingencies that are relevant, and that all these enter into the bargain. It follows that unfairness of the bargain - gross...
Advantages and disadvantages of having a written Constitution: the example of United Kingdom
Essay - 3 pages - Constitutional law
A constitution is a legal document that sets out the relationships between the three main institutions of the state, that is to say the executive, the legislative and the judicial power, and that which also guarantees a certain amount of rights for the citizens. In a wider sense, and...
The market for French luxury goods in China
Thesis - 19 pages - Economy general
With a growth of 9.5% per year, the Chinese economy is experiencing a period of unprecedented economic success. This success is accompanied by a dramatic increase in the purchasing power of part of the Chinese population. Therefore, the Chinese market is becoming increasingly demanding for luxury...
Is the European Union's Charter of Fundamental Rights a necessary and desirable development?
Thesis - 7 pages - Constitutional law
The Treaty of Lisbon came into force in 2009 and alongside it, a reference to the Charter of Fundamental Rights (Charter) gave it legal standing. The Charter became one of the most defining documents the European Union has ever witnessed, or a mere piece of symbolic literature that is...
How do the Federal Republic of Germany, Fifth Republic France and post-war Italy fulfil the criteria of Lijphart's 'majoritarian' and 'consensus' models of democracies?
Essay - 4 pages - International relations
This essay will attempt to analyse the Federal Republic of Germany, Fifth Republic France and post-war Italy thanks to Lijphart's work Democracy (1984). Lijphart classifies the ‘majoritarian' model (or ‘Westminster model') and the ‘consensual model', in function of specific...
