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General Law

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All Subjects>Humanities>Law> General Law (page 1)

P/L/171. Grounds for appeal: case studies

(2006, 2500 words)

The paper examines the grounds for appeal in a case of a life-time ban from boxing due to the administration of a performance-enhancing drug that was initially prescribed for asthma treatment, and a case of an inmate committing suicide whilst in police custody. The issues of negligence, the breach of a duty of care, etc. are addressed with reference to other law cases.

P/L/161. Implications of status enquiries for referee bank

(2006, 2000 words)

The paper examines the nature of status enquiries (bankers’ references) providing their definition and assessing their implications for a Referee Bank. Law cases and legislation related to Status Enquiries are reviewed; the rights and duties of both parties are discussed; the types of misrepresentation are identified, etc.

P/L/158. Fiduciary duties vs. common law duties: comparative analysis

(2006, 1000 words)

The paper examines the common law duties of skill, care and diligence comparing them with fiduciary duties of a company director. The issues of directors’ negligence and ‘unfettered discretion’ are addressed discussing the parties who benefit from fiduciary duties of directors. The differences between fiduciary duties and common law duties are highlighted.

P/L/157. Legal aspects of migrants’ and sex discrimination

(2006, 2000 words)

The paper reviews law cases related to racial and sex discrimination. The topics of discrimination through unfair working conditions, recruitment process, occupational schemes, gender, entry to the UK, etc. are discussed.

P/L/153. Road accident: case study and legal advice

(2006, 1500 words)

The paper offers an account of a road accident discussing it in terms of the breach of the duty of care, and advising potential clients on the claims in negligence they might have.

P/L/152. Advice on claims under private law and Human rights law

(2005, 2000 words)

The paper analyses the case against a waste transfer station in Canbury advising the injured parties (the residents of the area and the cricket club) on the claims they might have and the remedies they might be able to get under private law and under human rights law.

P/L/149. Offer acceptance and withdrawal via Internet: legal aspects

(2006, 1000 words)

The paper examines a case of the acceptance and withdrawal of an offer made via the Internet providing definitions of a contract as a legally binding agreement, outlining the rules of an offer withdrawal, reviewing opinions on the legal aspects of the e-mail channel of communication, etc.

S/L/81. Why do we obey the law?

(2006, 1500 words)

The paper examines the issues of law obedience providing definitions of law, social and psychological aspects of the obligation to obey the law, the reasons behind breaking the law, the importance of set guidelines to keep peace and equality, etc.

P/L/141. Complexity of evaluating statistical evidence: Jury’s perspective

(2006, 2000 words)

The paper examines the Jury System currently existing in England and Wales highlighting the problems around complex legal cases with statistical evidence and discussing expert testimony, Judges’ sentencing instructions and the characteristics of trail members including race, gender, age, etc. Alternatives to the 12-person Jury are reviewed suggesting recommendations to facilitate the work of the Jury.

P/L/138. Development risks defence and the interests of consumers

(2006, 2000 words)

The paper examines the issues of the development risks defence (DRD) incorporated into UK law by the Consumer Protection Act. Case law and academic opinions are reviewed providing arguments for and against the abolition of the DRD and discussing the controversial aspects of DRD, i.e. a possible drop in product innovation, the marketing of potentially defective products, etc.

P/L/131. Flaws of Computer Misuse Act 1990

(2006, 3000 words)

The paper examines the Computer Misuse Act 1990 (CMA) pointing out its incorrect interpretations in a number of law cases related to CMA and discussing the reasons behind CMA failures. Conclusions are made about the reforming of the UK computer legislation.

S/L/69. The doctrine of judicial precedent, with particular reference to the Court of Appeal and the House of Lords

(2005, 3700 words)

A discussion concerning the doctrine of judicial precedent, with particular reference to the Court of Appeal and the House of Lords. Reference made to the UK judicial system, the House of Lords Practice Statement (1966), criminal law, case law and briefly the influence of European law. In particular, a quote from Lord Denning’s book ‘The Discipline of Law’ is applied to the discussion, which centres on the manner and use of judicial precedent within the legal system operating in England and Wales.

P/L/118. Bank regulation initiatives of Basle Committee

(2006, 2500 words)

The paper examines the initiatives of the Basle Committee towards bank regulation known as Basle I and Basel II reviewing their history, aims and problems. The frameworks of both initiatives are compared highlighting the improvements introduced in Basle II Accord.

C/L/92. Legal profession in the United Kingdom

(2006, 1500 words)

This essay endeavours to investigate the current structure of the legal profession in the UK, the controversy surrounding calls for radical reform as well as the Lord Chancellor’s views vis-ð-vis the fusion of two legal forms of practice into one. Whilst this feat may appear desirable to many, it has to be questioned whether reform is practical, if indeed necessary. Consequently, this essay will consider a spectrum of internet sources, academic texts and articles to gain a better understanding of the issues raised by the above question.

P/L/104. Moral issues of torture interrogation

(2006, 8000 words)

The paper discusses the moral issues of torture interrogation reviewing academicians approaches to the concept of morality, human rights, interrogational torture, justification of torture, capital punishment, utilitarianism, conflict of rights, principle of proportionality and emergency, types of victim, relevant information in decision-making, etc.

S/L/64. Ethics, Morality, and the Law

(2005, 2900 words)

This essay considers the statement; ‘it is impossible for a legal system to be morally neutral and arrive at some conclusion, be it in agreement with the proposition or not. The now famous debate between Lord Devlin and Professor Hart shall be considered, as will Marxist theory of law, with some attention paid to natural law theory and legal positivism.

S/L/53. Explain, and illustrate if possible, the impact of judicial precedent on the development of the common law. How does judicial precedent work?

(2005, 1900 words)

This paper looks at the historical development of common law based on judicial precedent. The hierarchy of the legal system is explained with its influence on the development of common law. Various historically significant cases are used to highlight this development.

P/L/91. Review of theories on property rights

(2005, 1500 words)

The paper provides a review of the works on the property rights drawing comparison between the theory of Demsetz and the theory of Libecap & Wiggins, and reflecting their argument about the internalisation of externalities under private property rights.

P/L/81. Implications of Regulations 2002 for consumers and commercial transactions

(2005, 1000 words)

The paper examines the effects of Sale and Supply of Goods to Consumers Regulations 2002 on the bargaining power of UK consumers. The right to repair or replacement of goods is argued; the value of the new remedies and their implication for commercial transactions are discussed.

P/L/78. Doctrine of judicial precedent

(2005, 1000 words)

The paper addresses the doctrine of judicial precedent in the English legal system outlining the binding elements of precedent. The advantages and disadvantages of the doctrine are defined; general exceptions to the rule of binding precedent are identified. Conclusions are made about the judges freedom not to follow the precedent when necessary for the sake of justice.

P/L/76. Precedents in English legal system

(2005, 2000 words)

The paper investigates the role of precedents in the English legal system reviewing past cases related to the law of Tort and the breach of duty. The concepts of ‘precedent and ‘judicial review are defined. Common law remedies of damage are outlined.

C/L/57. Jurisprudence: Law and Society

(2005, 2900 words)

The essence of this work is to explain the relationship between law and society. It has therefore been necessary to explore the historical origins of the law within a socio-legal context. In the first part of the essay, it is examined the definition of law within a socio-legal context. Next, it is looked at the methods and functions of the law, in this respect; it is identified two main functions of the law. They are social control and dispute settlement. The paper has then gone on to deal with the perception of law in the modern day society. In this vein it is talked about how society influences the development, application and changing nature of the law, in this section it is also touched upon how changes in the society can be brought about through the law. This is exemplified by the fact that law can be both a dependent and independent variable in social change. Finally it has been looked at the interrelated concepts of morality and justice in the context of the relationship between law and society.

S/L/38. Describe at least one example of each type of the various methods of employing a vessel and explain the legal and the practical responsibility of the ship owners and charterers for each method

(2005, 1800 words)

This paper explores the various types of methods of employing a vessel and also the legal and practical responsibilities of the ship owners and chatterers. In the first part f this work, I have identified two different types of ways in which a vessel may be employed: the voyage charter and the time charter. I have examined the nature of charter party contracts in the context of international sale of goods. I have then gone on to examine the various obligations that both the chatterers and ship owners have with relation to both the voyage charter party and the time charter party.

P/L/66. Intercepting e-mail communication: legal aspects

(2005, 3000 words)

The paper deals with the issues of the protection of human rights in Great Britain focusing on the Regulation of Investigatory Powers Act (RIPA) accommodating the expanding use of e-mail and the Internet. The legal and ethical aspects of conducting surveillance and intercepting communication are addressed in the context of protecting the right to a private and family life.

C/L/34. Does UK copyright law provide an adequate balance between the needs of rights holders and users?

(2005, 1500 words)

The essence of this paper is to look at the present state of protection offered to copyright holders as opposed to the obvious needs of those needing to access the copyrighted material for creative as well as non-commercial use. In the first part of the essay, I have approached the issues raised, by first of all dealing with the definition of copyright and the historical approach to copyright protection. I have then gone on to deal with the inherent problems with copyright protection. In the second part of the essay, I have looked at the changes brought about by the European Directive, Directive 2001/29/EC on the harmonisation of certain aspects of copyright and related rights in the information society. I have also considered the new amendment to the current UK copyright legislation: The Copyright and Related Rights Regulations 2003. In concluding, I have looked at the position of both the users and rights holders and concluded that the balance tips too much in favour of copyright holders.

P/L/44. Intention as a legal concept

(2005, 1000 words)

The paper deals with the legal aspects of concept of 'intention'. The controversial issue is difference between 'intention' as a 'desired result' and its semantic equivalents. The paper analyses the legal implications of 'intention' comparing it to 'indirect intention', 'foresight of a virtual certainty', etc. An overview of legal precedents related to the point in question is given.

P/L/40. The principle of informed consent in medical law

(2005, 1500 words)

The paper deals with the legal and ethical issues of medical law, namely, giving (or not giving) consent to medical treatment, which gives the patient autonomy over his or her body. The paper notes that in extreme circumstances patients may be treated without their consent; these circumstances need precise definition. For example, this refers to patients who lack competence or capacity to make decisions. A separate issue addressed in the paper is the so-called átherapeutic privilege that allows doctors to withhold information that might have a pernicious psychological impact on the patient, although this runs counter to the right of the patient to self-determination. The conclusion is made that the principle of informed consent is vital for the balance of power in doctor/patient relationship.

S/L/32. Right to Silence

(2002, 2200 words)

This essay exam the principles behind the right to silence, in particular its concurrence with the presumption of innocence and the controversy caused when adverse inferences are drawn from such silence. Looks at the situation in light of both domestic and European legislation.

S/L/33. Role of the Judge

(2003, 2100 words)

This essay looks at the role of the modern day judge. It compares several prudential writers opinions as well as looking at the opinions of the law lords themselves. It discusses the reality of our so-called independent judiciary and the effectiveness of doctrine of precedent on a day-to-day basis. It concludes that judges are indeed legislators to some extent and argues for a more honest portrayal of the noble profession.

S/L/30. Meaning of Intention in English Law.

(2002, 1500 words)

This essay discusses the claim that in English law there has been no agreement as to the meaning of intention. It explains why a definition is important and looks at the different meanings it has been awarded over the years through the development of case law. It argues that the present state of uncertainty surrounding the definition of intention promotes an uncertainty of outcome which is simply unacceptable.

C/L/16. Why English law is still referred to as common law jurisdiction?

(2005, 1200 words)

This essay outlines the three potential reasons as to why English law is still called common law. First it examines the historical development of the common law, dating from the year 1189. Secondly it concentrates on evaluating the historical impact together with the modern statute and case law. Thirdly and lastly statutory interpretation is given some consideration. The essay is concluded by stating that taken together, history, case law, and statutory interpretation are closely connected and that it is primary the reason why English law is still referred to as common law jurisdiction.

C/L/13. Roman law, development of equity

(2004, 2000 words)

This essay concentrates primarily on the development of equity in the Roman Law, (jus gentium and jus honanarium). Such developments were influenced by history and largely by the magistrates, namely praetors. Having legislative powers, praetors were able to influence and affect the strict law set of in XII Tables, through Edicts. Most important being Publican edict and Lex Aebutia. The essay looks at such influences and hence the development of equity in Roman Law in changes that took place in commerce, law of succession and delicit, as well as mentioning whether such changes were effective and how far in law did the influence of praetors through their Edicts reached.

P/L/35. Objectivity in law is impossible as ultimately a judgement is an arbitrary act

(2004, 1000 words)

This essay discusses whether objectivity in law is impossible as ultimately a judgement is an arbitrary act. Essay refers to the subjectivity and objectivity in Law discusses the ways objectivity in which objectivity can be achieved.

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