Roles And Duties Of Police Officers Law Essay

23 Mar 2015

5 (1,692 )

The role of police officers list a wide range of duties related to the safety and welfare of the general public. Police officers are highly trained and specialized in reacting to emergency situations and events that ordinary people are not equipped to deal with. Police officers are trained in their respected field as first responders to specific emergency circumstances. According to Crime Scene Forensics the basic requirements ...

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The Relationship Between The English Legal System And International Law International Law Essay

23 Mar 2015

11 (4,253 )

The essay deals with the relationship between the English legal system and international law. Although there is some discrepancy among the two systems, they merge at some points. Looking at the theories around this issue, our domestic legal order seems to follow the dualist approach. Nonetheless, both the attitude of international law towards municipal rules and the approach as regards the law of the nations by the ...

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Law Enforcement And The Law Enforcement Agencies Of The United States International Law Essay

23 Mar 2015

8 (2,916 )

Law enforcement has two major objectives. First, law enforcement officials seek to prevent occurrence of unlawful acts which in some way are detrimental to the citizens. The second objective is ensuring that people who are suspects of crimes are investigated and tried in a way that falls in line with the predetermined law. Law enforcement officials are also supposed to hand over a retribution which is considered ...

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Law Essays - Capital Punishment

23 Mar 2015

3 (920 )

Does capital punishment have a deterrent effect on crime? Analyse this question with reference to either the UK or USA. Introduction Nowadays, in most of the Western world, capital punishment is considered an unacceptable, barbaric sentence that cannot be morally or philosophically justified. In the UK, it has been abolished since 1969, while Protocol six of the European Convention on Human Rights obliged the forty six member ...

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Nature Of Law Debate Between Hart And Fuller Law Essay

23 Mar 2015

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Is there a genuine disagreement between Hart and Fuller? If so, what exactly, is it about and how might it be resolved? For centuries, legal philosophers have sought to obtain a deeper understanding of the nature of law and in pursuit of this have led to many debates. The most famous of them was the debate between Professor H.L.A Hart and Professor Lon Fuller. The debate was ...

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Concepts Of Appropriation Under The Theft Act Law Essay

23 Mar 2015

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The Theft Act 1968 [1] was legislated as a result of complicated, confusing and highly technical prior statutes and case law. Antiquated terminology like larceny, embezzlement and false pretences were to be replaced by a simple and short Act that was aiming towards codification of the criminal law. The Criminal Law Revision Committee advised on the recommendation, which as a result fully transpired. The report affirmed "larceny, embezzlement and ...

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How Important Is Constitution

23 Mar 2015

4 (1,581 )

Constitution in the simplest sense of definition, is a documented fundamental rules, rigid or flexible, legally recognised or extralegal, that governs a particular sovereign entity and conducts its affairs [1] . The document set out some vital and basic rules which assign functions, powers and duties to the various organs of government and spelt out the relationship that exist between the citizens and the state. Through this exercises, it ...

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Duties A Banker Must Face To Comply With Banking Law Essay

23 Mar 2015

7 (2,510 )

In Malaysia, according to the Malaysian Banking Law, employees of banks are described as "bankers". Under the Malaysian Banking Law, the term "Bank" or "Banker" is defined in the Banking Act of 1973 as "any person who carries on banking business". In Malaysia, there are private bankers and private persons who keep banks and engage in the business of banking by receiving money on deposit with or ...

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General Rules For Admissibility Of Opinion Hearsay Evidence Law Essay

23 Mar 2015

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Q.1 'Given the inflexibility of the general rules governing the admissibility of opinion and hearsay evidence, it has been necessary for the law to develop exceptions to these rules in respect of the expert witness. However, there are several provisions under which the judge can still exclude evidence which he or she thinks would prejudice a fair trial.' Discuss. What are the general rules governing Hearsay? Under ...

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Certain Omissions Regarded As Criminal Conduct In Scotland Law Essay

23 Mar 2015

6 (2,090 )

There are certain restricted circumstances in Scots Law that an omission is regarded as criminal conduct. The key question to look at is do we have a positive duty to act? In Scots Common law there is no legal obligation if one individual finds another in peril to intervene and assist. However in some circumstances a situation will arise were failure to intervene will result in criminal ...

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Role Of Law In Modern Society Law Essay

23 Mar 2015

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The main role of law in modern societies is hard to overestimate. The systems are hard to understand, the institutions are different and range from small to mammoth, and the number of people concerned, from para-legal to federal judge, can only be proof of its central role in society. Law and legal issues are left to lawyers, legal theorists and the occasional sociologist. For most people, the ...

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The Law Of Evidence

23 Mar 2015

9 (3,592 )

Smooth muscle is one of three muscle fiber types found in animals. Unlike skeletal and cardiac muscle cells, smooth muscle cells are not striated, and have single nuclei. Smooth muscles are typically under control of the autonomic nervous system, and do not contract voluntarily. Smooth muscle contracts slowly, and does not exhibit the characteristic twitch seen in skeletal muscle. In addition, smooth muscle is not prone to ...

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Chirnside v Fay

23 Mar 2015

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I Introduction On 6 September 2006 the Supreme Court released its important and controversial judgment in Chirnside v Fay . Elias CJ and Tipping and Blanchard JJ took very different approaches to the issue of whether or not to grant an equitable allowance to the defendant. This essay's primary aim is to provide a detailed description of their Honours differing opinions as to that issue and ...

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Critical Evaluation Of Recklessness Within Criminal Law Law Essay

23 Mar 2015

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This paper will identify a variety of approaches taken in establishing recklessness in the criminal law. Advantages and disadvantages of these approaches will be viewed in relation to moral culpability. Whilst subјective test seems like the better choice, it does not hold all those morally blameworthy to account. The obјective test can bring unfair outcomes in situations where the defendant did not have the capacity to foresee ...

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Differences Between Strict And Absolute Criminal Liability Law Essay

23 Mar 2015

5 (1,719 )

In general, the criminal liability requires the proof of both actus reus and mens rea before convicting a person. When the necessity for the prosecution to prove mens rea (in the sense of intention, knowledge or recklessness, or even negligence) regarding the actus reus elements of the offence is disregarded, either expressly or impliedly, the offence in question is described as strict or absolute liability offence. What ...

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Different Kinds Of Trial Under CRPC Law Essay

23 Mar 2015

6 (2,030 )

Most offences in Indian criminal law were created by Statute and have a statutory maximum penalty. For the purposes of trial, offences were divided into different categories, offences triable by indictment (warrant cases) or offences triable only summarily, or offences triable either way. The most serious offences (eg: murder, rape) are triable only on indictment, at the Sessions Court. A large mass of less serious offences are ...

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THE ELECTION SYSTEM OF SWEDEN

23 Mar 2015

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The Kingdom of Sweden is a constitutional monarchy with a parliamentary system of government. The head of state is the King (or Queen) who has only ceremonial duties and functions, but no executive prerogative. Executive authority is exercised by the government, which is composed of the prime minister and the cabinet of ministers, and held accountable to parliament. The prime minister is approved by the parliament. The ...

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six main principles in the property insurance

23 Mar 2015

8 (2,866 )

In property insurance, there are six main principles that govern a contract of insurance. If one of those requirements is not met by the insured or the insurer, the contract could be avoided. The main six principles that apply to property insurance include; Insurable interest, utmost good faith, indemnity, contribution, subrogation and proximate cause. In an Insurance contract, a person is not insuring the property as such, ...

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Unanimous Versus Non Unanimous Jury Verdicts Law Essay

23 Mar 2015

14 (5,304 )

In the United States, 48 states require unanimous criminal jury verdicts. A unanimous jury verdict indicates that all jurors came to a common decision in the criminal proceedings. Louisiana and Oregon are the only two states that allow non-unanimity jury verdicts. Louisiana statue allows juries to convict felony suspects by votes of 10 to 2 and allows such non-unanimous verdicts in felony cases where the punishment is ...

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The Current Issues Of The Double Jeopardy Rule Law Essay

23 Mar 2015

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Double jeopardy existed in our legal system since the time of the Norman conquest and the common law rule that prevented a person from being tried more than once for the same crime was designed to protect the liberty of any individual who had already succumbed to the rule of law and been subjected to criminal trial in the usual way. Prior to the recent law reform ...

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The legal capacity

23 Mar 2015

10 (3,664 )

CAPACITY TO CONTRACT Legal capacity is defined as the power provided under law to a natural person or juridical person to enter into binding contracts, and to sue and be sued in its own name. In order to be bound by a contract, a person must have the legal ability to form a contract in the first place. This legal ability is called capacity to contract. Both ...

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Advantages And Disadvantages Conditional Fee Arrangements Legal Aid Law Essay

23 Mar 2015

4 (1,600 )

Conditional fee arrangements are widely used throughout various legal systems; they have been used in the UK since 1990 and were expanded to include non-family civil proceedings since 1998. Conditional fee arrangements are also referred to as "No fee, no win" arrangements where parties bringing an action may make arrangements with a solicitor where the solicitor agrees to accept payment only on the strict condition that the ...

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Uk Legal System And Compare

23 Mar 2015

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United Kingdom and Northern Ireland consist of four countries which form three distinctive jurisdictions each of which has its own court system and legal profession. These three jurisdictions are England & Wales, Scotland, and Northern Ireland. The union of Great Britain and Ireland established United Kingdom in 1801, and it attains its present form in 1922 with the partition of Ireland and thus the independent Irish Free ...

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Discuss Woolf Reforms Effect On Civil Justice Law Essay

23 Mar 2015

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This essay will seek to analyse the Woolf Reforms and in that context will evaluate the overall qualitative impact that they have had on the Civil Justice system. The essay will discuss the background in which Woolf Reforms were passed, the Woolf Reforms, Impact/intention of the reforms, Objective analysis based on criticism (positives and negatives) and finally the essay will conclude by analysing whether the Woolf Reform ...

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advantages of presidential systems

23 Mar 2015

4 (1,387 )

One of the advantages of a presidential system is that the head of state is usually elected through a direct mandate. In terms of democracy, this makes the president's authority more legitimate as he is elected directly by the people as oppose to being appointed indirectly. Another advantage of a presidential system is the stability it brings as presidents are usually elected to fixed terms while a ...

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Assignment On The Fundamental Rights

23 Mar 2015

9 (3,534 )

All democratic constitutions provide for the guarantee of certain rights, which are inviolable and beyond the reach of the state. Rights arise from very social nature of man and which are the external conditions necessary for the greatest possible development of the capacities of the personality. Fundamental Rights are sacro sanct and the supporting pillars of democracy as a form of government and as a way of ...

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The Relationship Between Intellectual Property And Human Rights International Law Essay

23 Mar 2015

9 (3,536 )

The aim of this assignment is to consider the relationship between intellectual property and human rights. Intellectual property rights have spread out through many bilateral, regional and multilateral treaties and the importance of intellectual property is increasing with each passing day. [1] However, the rights stemmed from intellectual property have started up a harsh discussion with a human rights aspect due to its affects on human rights. [2]  The problems ...

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Distinctions Between International Law And Municipal Law

23 Mar 2015

16 (6,029 )

George, the Chief Justice of Ruretania, has been invited to sit on the ICJ as an ad hoc judge in a case now before the Court. After many years dealing with domestic law issues, he is now experiencing some difficulty in assessing the material submitted to the Court by the parties. These materials include: a. An article in the American Journal of International Law written by an ...

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There Are Four Main Sources Of Irish Law

23 Mar 2015

6 (2,254 )

There are four main sources of Irish Law. Pick one of these sources and examine it in detail as it affects the Early Childhood Care and Education area. Law does not come from one source and can change with time. Previously Brehan Law was Ireland's native law, up until it was replaced by Common Law when Ireland was taken over by Great Britain. Now post British rule ...

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Types Of Peace Support Operations And Characteristics International Law Essay

23 Mar 2015

4 (1,274 )

Introduction The Norwegian Defence doctrine from 2007, "Forsvarets Fellesoperative doktrine" and the UN Prinsiples and Guidelines from 2008 (Capstone doctrine) devides peace support operations (PSO) into five various types; conflict prevention or preventive diplomacy, peacemaking, peacekeeping, peace-enforcement and peace building. These are the most important tools UN and other international organisations have to reach their coal of international peace and security. Types of peace support operations and ...

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Law Essays - International Law

23 Mar 2015

7 (2,604 )

Explain and evaluate the role of International Law in the development of the concept of human rights. A. Introduction The need of co-operation and mutual development has lead the countries of the international community to create a legislative net which would have as basic task the regulation of the relationships between them. At a next level, the bodies that were created to handle these provisions and to ...

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English Contract Law Recognises Freedom Of Contract

23 Mar 2015

5 (1,781 )

"English contract law recognises freedom of contract and not fairness as the overriding principle in the formation and performance of a contract." Critically discuss this statement with reference to relevant law and academic opinions. The law relating to freedom of contract is defined as individuals of full capacity being able to freely choose who they contract with and on what terms within that contract. This began in ...

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Assessing The Feminist Views Of Rape Law Essay

23 Mar 2015

9 (3,236 )

Feminists have argued that criminal law has proven inadequate in its application of equality in relation to violence within the home and outside of it. Their criticism stems from the private and public distinction of violence within law as Barnett highlights the liberal approach to violence is traditionally viewed as a domestic, private family matter that is "not the business of the law" [1] ; Wacks illustrates in his ...

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The Criminal Trial Process Of England And Wales Law Essay

23 Mar 2015

4 (1,549 )

The Criminal Justice System trial process in England and Wales are operated on the basis, and can be described as an adversarial system of justice. Perhaps, I am directing my attention, the criminal trial process, how has been changed. I should begin an adversarial system, where the parties are responsible for presenting evidence before passive and neutral trial judge or jury. This differs from an inquisitorial system, ...

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Examining Differences Between Criminal And Civil Procedure Law Essay

23 Mar 2015

4 (1,596 )

There is no doubt that Law and legal systems are very important and play a significant role in modern society. It is a well-known fact that Law consist of general rules which control the behavior of individuals, business and other organizations in society. Also it is intended to defend persons as well as their belongings from needless obstruction from others. (WIUT ILLS handout 2009) As it says ...

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The Role And Function Of The Declaratory And Constitutive Theories International Law Essay

23 Mar 2015

8 (2,958 )

State recognition is one of the most contested topics in the international law. This problem appears to come back on the international agenda and reopens the great debate with the recent unilateral declaration of independence pronounced by Kosovo in 2008. Further attention was gained in August 2008, when Russia and Nicaragua recognized the statehood of breakaway regions of South Ossetia and Abkhazia. The issue of recognition is ...

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Corruption and Integrity

23 Mar 2015

6 (2,347 )

Corruption and integrity are two forces contradicting with each other. Corruption are generally rampant on the society where integrity is not valued as it is to be.The society where corruption is reasonably controlled requires that all technical-institutional components like laws, regulations, procedures, surveillance and enforcement, judgment, reward and punishment be in place. This requirement is extremely important, and much attention has rightly been focused on it. Public ...

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Timing Of The Special Warning Law Essay

23 Mar 2015

5 (1,623 )

Timing of the 'special warning' is a matter for the interviewing officer. The warning can only be given in a post arrest, post caution interview. [1] There is no guidance in the Act as to when the 'special warning' should be given but Codes E. 4.3C and C. 10.5A of the Codes of Practice are helpful. Code C concerns the detention and questioning of suspects and Code E concerns ...

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Un Peacekeeping Success And Failures Since The Second World War International Law Essay

23 Mar 2015

4 (1,302 )

It's a very appreciative step taken by this organization of UN for helping countries torn by conflict and creates conditions worldwide for lasting peace. The first peacekeeping mission was established in 1948 when Security Council authorized the deployment of UN military observers in the middle-east. United Nations peacekeeping operations have traditionally been associated with chapter 6 and a half of the charter. Within this wider context, Peacekeeping ...

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The Guildford Four And Other Miscarriages Of Justice Law Essay

23 Mar 2015

13 (4,994 )

An overview in light of how the criminal justice system has changed in relation to miscarriages of justice. As defined in the book 'Miscarriages of Justice', a miscarriage means literally a failure to reach an intended destination or goal. A miscarriage of justice is therefore, mutatis mutandis, a failure to attain the desired end result of 'justice'. The issue of miscarriages of justice has always been discussed, ...

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Understanding What Is Psychiatric Injury Law Essay

23 Mar 2015

9 (3,254 )

Psychiatric injury has traditionally been known by courts as nervous shock which then has brought much confusion in the area of law by being completely misleading. This term implies that claimants can seek damages because they are shocked as the result of the defendant's negligence, upset, or frightened. In order to claim for nervous shock, the claimants have to prove that they have suffered from a genuine ...

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Current Definition Of Recklessness Within Criminal Law Law Essay

23 Mar 2015

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Recklessness is a problematic area of the criminal law, since there is no strict definition of what constitutes it. Statutes make provision for the presence of recklessness, but have yet to define it strictly, thus it falls on the hands of the judges to interpret what is meant by recklessness. It is therefore most easily delineated via case law. Judges have had to rely on "explanations in ...

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The Doctrine Of Judicial Precedent Law Essay

23 Mar 2015

5 (1,913 )

Judicial precedent also called case law. 'It is the system adopted by judges where the judges follow previous decisions.'1It simply means that the previous decision made by judges in similar cases are binding upon future cases depending on the hierarchy of the court. Therefore, under judicial precedent, a lower court is bound to follow the decision made by a higher court when there is a case which ...

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The Section 41 Approach In Sexual Offence Trials Law Essay

23 Mar 2015

8 (2,946 )

Historically, the prejudicial effect of rape myths and sexual history evidence has been problematic for the courts in sexual offence trials. In 1999, Parliament enacted s.41 of the Youth Justice and Criminal Evidence Act to place stringent restrictions on sexual history evidence. However, these provisions have caused some difficulties for the courts. While the landmark case of A(2) resolved some of the issues, it will be put ...

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Environmental Legislations And Protection Measures In Mauritius Law Essay

23 Mar 2015

13 (5,045 )

Mauritius has respectively been colonised by the Dutch, French and the British. The period, during which the French occupied the island, a number of legislations were promulgated; the civil code, the penal code. So the first notion of environmental protection therefore dates from the time when Mauritius was still a French colony. The British then captured the island in 1810 and successively colonised the island. According to ...

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The History Of Legal Aid Law Essay

23 Mar 2015

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The earliest Legal Aid movement was started in the year 1851 when there was an enactment introduced in France for providing legal assistance to the indigent. In Britain the effort of the state to provide legal services to the poor and needy goes back to 1944, when lord chancellor, Viscount Simon appointed the Rushcliffe Committee headed by Lord Rushcliffe to enquire about the existing facilities in England ...

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Distinction Between Absolute And Strict Liability Offences Law Essay

23 Mar 2015

5 (1,747 )

In general, the criminal liability requires the proof of both actus reus and mens rea before convicting a person. When the necessity for the prosecution to prove mens rea (in the sense of intention, knowledge or recklessness) regarding the actus reus elements of the offence is disregarded, either expressly or impliedly, the offence in question is described as strict or absolute liability offence. What is the distinction ...

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Internet Law The Criminalisation Of Child Pornography Law Essay

23 Mar 2015

10 (3,891 )

The written assignment will look at how legislation passed in the United States, the United Kingdom and South Africa have criminalised child pornography on the internet and the challenges that are faced in these jurisdictions in defining criminal conduct. This will be discussed by first looking at the difficulties experienced in policing the internet when trying to monitor this type of criminal conduct and look at the ...

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The Function Organization And Structure Of The International Court Of Justice Law Essay

23 Mar 2015

20 (7,831 )

Introduction In this essay the author wants to explain the International Court of Justice (ICJ). Important in that context is the history and former organizations, which were the pathfinder of the contemporary institution. It should be explained how the ICJ is working and who is working. The duties, functions and the international importance of the Court, plus the reasons why world politics need that kind of international ...

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Consent Of An Intoxicated Victim Rape Law Essay

23 Mar 2015

11 (4,099 )

Provisions of the sexual offences 2003 act In times gone by, the offence of rape was defined as 'the carnal knowledge of a woman forcibly and against her will'.1 The offence was initially silent on the issue of mens rea and it was not until DPP v Morgan2 that its inclusion and the effect that this had on mistakes about consent was established. The House of Lords ...

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Concepts Of Universalism And Cultural Relativism International Law Essay

23 Mar 2015

4 (1,457 )

"Human Rights" is a relatively new expression, having come into international law only after World War II and the establishment of United Nations. Universal Declaration of Human Rights, adopted and proclaimed by the General Assembly of the United Nations on December 10, 1948 is a milestone document in the history of human rights. And the debate, which arose along with the internationalization of human rights, is whether ...

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Law Essays - Witness Evidence Defendant

23 Mar 2015

7 (2,488 )

Witness Evidence Defendant Introduction There are several evidential issues that arise in the above scenario. In order to be able to advise on the reliability of the various witnesses above it is necessary to consider the law regarding compellability and competence, as well as the usage of circumstantial evidence and the age and mental capacity of the witness. There also needs to be a discussion on how ...

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Discuss The Relationship Between Law And Society Law Essay

23 Mar 2015

7 (2,427 )

Law and society are related to each other. Nothing can explain without any of them. Society becomes the jungle without the law. Law also needs to be changed according to the changes the society faces, because without the necessary changes law cannot keep pace with society. Without the control of the law, the society became the jungle or at least barbaric. So, to keep the society peaceful, ...

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Law Essays - Land Registration Act

23 Mar 2015

5 (1,845 )

Land Registration Act Question one: Building that has been sub-divided into four substantial office suites. For the purpose of letting these four suites of offices, and while he is In Australia on a six month holiday, he appoints Florence as his agent and gives her full authority to enter into any agreement for these purposes. Florence then enters into the following agreements on Sebastian's behalf: (i) ...

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The Race Relations Act 1976

23 Mar 2015

7 (2,538 )

Introduction A major factor affecting the delivery of the curriculum in Further Education is rooted in the inequalities resultant from perceived racial and ethnic differences. These are very often based on preconceived notions, usually ill informed, about the beliefs and practices of different racial and ethnic groups. Over the past few years there has been a small but sustained increase, year on year in the racial mix ...

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Indian Jurisprudence Gender Sensitivity In CRPC Law Essay

23 Mar 2015

12 (4,410 )

The basic tenet of criminal jurisprudence is that crime is not genetic, that is, one is not born a criminal. As no iron curtain is drawn between constitution and the accused, an under trial or a convict, his basic human rights cannot be put to jeopardy for an accused or a convict by the mere reason of accusation or conviction, is not denuded from his fundamental rights ...

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Advantages And Disadvantages Of Conditional Fee Arrangements Law Essay

23 Mar 2015

5 (1,654 )

UK legal aid system has undergone tremendous changes and reforms ever since its introduction in 1949. Its purpose of the act was "to provide legal advice for those of slender means and resource, so that no one will be financially unable to prosecute a trust and reasonable claim or defend a legal right and to allow solicitors and counsel to be remunerated. [1] Due to its popularity, legal aid ...

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Justice Delayed Is Justice Denied Law Essay

23 Mar 2015

7 (2,421 )

Most offences in Indian criminal law were created by Statute and have a statutory maximum penalty. For the purposes of trial, these offences were divided into different categories, offences triable by indictment (warrant cases) or offences triable only summarily, or offences triable either way. The most serious offences (eg: murder, rape) are triable only on indictment, at the Sessions Court. A large mass of less serious offences ...

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