European Union Law - Commentary: Article 4 of the EU Treaty (Member States' sovereignty/cooperation duties)
Thesis - 4 pages - European law
The document we are going to comment on is the article 4 of the EU Treaty, as modified by the Lisbon Treaty. It highlights the fact that the EU membership implies a great number of consequences for the member States. According to this article, although some rights belonging to the States are...
The ban on the use of force in International Law
Worksheets - 2 pages - International law
TThe principle that prohibits the use of force is a major element in the international system that is based mainly on cooperation between States and collective security. This principle has always been of a relative nature, in fact, the contemporary public international law has noted more...
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...
"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...
Roman, provincial and Islamic law by Patricia Crone
Book review - 3 pages - Literature
The basic thesis of Patricia Crone's Roman, Provincial and Islamic Law is that the sharia is, at least in part, derived from what the author calls “Roman provincial law”, and not from pre-Islamic Arabian cultures, other Near-East cultures (Egyptians, Akkadians and Jews...
The Sarbanes-Oxley Act : A real improvement or just another new law?
Essay - 9 pages - Finance
At the end of the year 2001, and during the year 2002, many financial scandals broke out and shook the confidence that had been placed in our global economy and the reliability of companies listed on the Stock Exchange such as Enron, WorldCom, Tyco, Qwest, and Xerox. These scandals are not just...
What are the main differences between the civil and the common law systems ?
Essay - 5 pages - European law
The majority of legal authors divide the legal systems of the world into two mains groups : the common law on one hand, and the civil law on the other hand . The most interesting is that when you try to find definitions for those words, you often find the basic definition, and then,...
European harmonization in the Contract Law Area
Essay - 6 pages - European union
The last decade witnessed the European Union taking tentative steps towards the likely abolition of each member state contract law, and its substitution with a single European Contract Law Code. Indeed, the European Union usually solves inconsistencies in contract law by...
The economics of the no-fault divorce law
Essay - 5 pages - Other law subjects
Marriage is a specific kind of contract "based upon a voluntary private agreement by a man and a woman to become husband and wife?. So in a sense, marriage is a contract like another one, the only difference being that the two contracting parties are strictly determined by the law as "only...
Criminal law : consent
Essay - 4 pages - European law
In criminal law, there exists a defense of consent. Within this defense, there is a general rule that a person cannot consent to his being caused actual bodily harm. No one can ever lawfully consent to his own death-R v Young . This opens the debate on issues related to euthanasia,...
Family Law: Comparison France Vs. China
Essay - 20 pages - Other law subjects
During the last century, the Chinese government decided to abolish the old family system and establish a new family idea: the socialist family system (the Marriage Code of 1950). This marked a turning point in Chinese common law and the beginning of a new family way of thinking. With this...
Law and violence in Jewish and Islamic perspectives
Thesis - 3 pages - Humanities/philosophy
When the above is read at a glance, one would think Jewish Law states that a son who does not obey his parents shall be put to death. However, we do not see this implemented in society today - nor are there notable instances of this occurring in history. Has it been ignored? Does this...
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...
Democratization versus Rule of Law
Essay - 5 pages - Political science
Professor Daniel Saadoun distinguishes three features that are deemed essential in a modern democracy: universal suffrage, the inscription in the preamble of the Constitution of a set of rules that the State cannot modify or erase and the obligation for the State to look after all the rules...
Comparative Criminal Law: comparison between the French and the American system by studying Brenton Butler case
Essay - 2 pages - International law
In this document, we present the Brenton Butler case, where Mary Ann Stephens, who was a holiday, is shot in the head in front of her husband. Later, Brenton Butler, a 15 year old Black citizen, was arrested just because he was in a street near the place of crime and it was confirmed that he was...
The marriage: New Indonesian Law
Thesis - 9 pages - Political science
The place of Sharia in institutions is a recurring issue in Indonesian politics, and has seen the adoption and rejection, respectively in June and August 1945. It was subsequently named the Jakarta Charter. This charter represents an agreement between nationalist leaders and leaders of political...
Primacy / Supremacy of European Community Law against Sovereignty of the Member States
Essay - 25 pages - European law
Today the European Union (EU) consists of 27 Member States; it reaches from the Atlantic coast of Western Europe all the way to the Black Sea of Eastern Europe. In the European Union, the most important and closest collaboration between the Member States happens via the European Community (EC)....
An Analysis of Okun's Law
Thesis - 6 pages - Business strategy
Introduction: This essay is split into three sections. In section 1, Okun's law will be examined, by looking at both of its forms. In section 2, the Okun's law coefficient will be analysed with particular reference to the factors which can affect the coefficient. In section 3,...
International Law and Organization: Weighing the Democracy Deficit
Essay - 5 pages - Political science
The history of the relationship between the United States and international law and organization has always been a love-hate one. While historically the U.S. has unquestionably been one of the strongest proponents of the development of international organizations such as the United Nations...
International business law, allied tows, inc. in Utopia
Essay - 15 pages - Business law
As a potential multinational firm, Allied Toys wants to implement a business development strategy in a predetermined country, in order to see if this model could be applicable as a 'worldwide development strategy'. The fact is that the Republic of Utopia is a country where setting up a...
Law, morality and religion
Thesis - 8 pages - Humanities/philosophy
On June 26, 2003, the U.S. Supreme Court declared the law prohibiting the practice of sodomy "with a person of the same sex" unconstitutional, in the State of Texas. This called into question the laws that ban hanging in 13 U.S. states and homosexual practices, even in a private...
There is no sense in maintaining different rules for tracing at law and in equity. One set of tracing rules is enough
Essay - 3 pages - Business law
In the administration of a trust, the trustee is the one that assumes a range of duties and responsibilities. When a breach of trust occurs, the trustee might be liable for both acts of omission and commission. There are several ways a beneficiary can pursue remedies for a breach of duty on the...
Contracts and tort law - Causation and loss of chance
Essay - 10 pages - Other law subjects
When it comes to tort or contract litigation in the aim of obtaining damages, the most important aspect to take into account is the issue of causation. Indeed, without proving a causal link between the defendant's action and the claimant's harm, no liability can be held. This rigor is a means of...
The World Trade Organization (WTO) law and the environment
Essay - 9 pages - Political science
In 1979 the Brandt Commission recommended that an international trade organization incorporating both GATT and UNCTAD was the objective towards which the international community should work. This dream came true in January 1995 when the World Trade Organization (WTO) became the successor to GATT,...
Study on Moroccan Labour law, Labour Resources and Costs
Case study - 19 pages - Economy general
Morocco has created a favorable environment for investors as the result of an extensive program designed to attract business to the country. Multinational corporations that have invested in Morocco benefited from those competitive advantages on several fronts. This study gives detailed...
Company law problem questions portfolio: Various questions and answers
Thesis - 14 pages - European law
The factual scenario raises issues regarding enforceability of contract and in order to advise the parties, it will be necessary to evaluate the company law requirements regarding authority. With regard to the property purchase, the issue arises as to whether this forms part of the...
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...
Three Case Studies of Business Law
Essay - 7 pages - Business law
In the first situation, we can identify three main issues. First of all, the order arrived a few days late. Then the Buyer asserts that the MP3 Players were damaged by moisture by the ship's hull. These two problems are linked to each other: the Buyers wants us to cut the sell price from...
Analysis of cases under the US constitution in relation to the laws laid by United Nations
Thesis - 8 pages - International law
Wanta B. Heard, the victim, filed a notification request form after indictment of the defendant for the crime of rape. The State and defendant worked out a plea agreement to plead guilty to second-degree assault with a one-year sentence. Heard requested to speak with the court regarding the plea....
Consent to bodily harm and criminal law
Thesis - 5 pages - Criminal law
In R v Barnes [2005] 1 WLR Lord Woolf CJ considered the decision of the House of Lords in R v Brown [1994] AC 212 and the Court of Appeal in R v Dica [2004] QB 1257 and decided that it is clear that the rule and the exceptions to the rule that a person cannot consent to his being caused actual...
