McAfee SECURE sites help keep you safe from identity theft, credit card fraud, spyware, spam, viruses and online scams
Law Essay Questions

Law Essay Questions

Below is an assortment of free law essay questions designed to get the creative juices flowing. Here is a sample:

"City Corp, a large banking corporation in the city of London, employs 2,000 employees at its headquarters in Canary Wharf. The company has been affected by a sudden banking crisis and its new HR director, Alan, has some difficult staffing decisions to make."

Free Law Essay Questions...

Are Marxist theories of law now relevant or irrelevant?
Examine the arguments for and against euthanasia in the light of the different schools of thought and their theorist.
Explain the meaning of term "natural law" as it has developed in Western jurisprudential thought. Giving reasons, explain whether you think the idea of natural law has continuing relevance for thinking on law and politics.
Kropotkins account of law is internally incoherent and rests on a poor understanding of human nature.
Law is, by its nature, a moral enterprise.
The attack on formalism runs through various schools of jurisprudence, discuss and evaluate the critique of one of the schools that we studied.
Why do you think the English legal system is one of the fairest in the world? Discuss.
Discuss who is liable in each damage ( broken leg, (2) broken arm, (3) back injury and (4) permanent ankle injury.
[The] cif contract has sometimes been described as being not a sale of goods but a sale of documents relating to goods...
A Report on asylum and immigration legislation on young asylum seekers in the UK, and the role of a social worker. What role might the social worker play and what challenges might the social worker face in the promoting the rights of young asylum seekers, such as in the case of Mohammed a 14years old Somalia. He was found unaccompanied at Gatwick Airport, he appeared older than his age, no paper work i.e. passport birth certificate.
Advice Betty and GreenGauge as to how they should have protected their intellectual property rights over the years and how effective any such protection might have been in relation to the developments in 2010.
Advise Andrea as to her remedies, if any, in tort.
Advise Cheapfood on the legal and regulatory issues it needs to consider before embarking on this business venture. What UK and international laws, regulations and standards will it need to satisfy before it can engage in this planned business venture and, if successful, eventual disposal of shareholding in the bank. You should reference the source and origin of each of these laws and briefly explain the policy objective behind each one.
Advise Doris on whether there are claims which could be pursued or action taken against either Norman Bates or his solicitor, Mr Grant, and if so, the legal basis for such steps.
Advise Edwina and Edward on the validity of these three clauses.
Advise Jack and Jill regarding the legal position of the company in relation to these issues and claims supporting your advice with legal authorities.
Advise John as to his contractual rights obligations in relation to Tina and Athur. Use case examples, footnotes and provide a bibliography please.
Advise Marcus, Muriel and Martin of any legal action that they may take and against whom such action should be taken.
Advise Mercutio, Tybalt, Benvolio and Juliet
Advise Painters Ltd as to whether it is bound by the termination clause in Constructors Ltds standard terms of business.
Advise Tara, Charlotte, Nursey and Naseem as to their rights against Lord Fotheringay and Chinless and advise Chinless as to any redress he may have against Tellboy and Brother Christos.
Advise the Executors of the Will.
Advise the parties as to any rights and liabilities which may arise in the law of contract.
Advise The Theatre of Wine on any claim that they might have, and what level of limitation will apply to any claim that they might have.
Advise Trash Trotters on their rights.
Agatha sadly died one day later, and has, in her will, appointed Stephanie her executrix. Stephanie now seeks your advice.
An imaginary EU Directive, adopted in January 2007 under EU health and safety provisions, requires member states to provide a minimum of 20 days paternity leave for all male employees after the birth of a child.
An individuals reputation is not to be treated as regrettable but unavoidable road kill on the highway of public controversy.
Analyse the factors that have contributed to the increase in the number of Bilateral Investment Agreements (BITS) in the last three decades.
Analyse the statement and critically evaluate how the application of the law under the Act affects employers liability.
Analyse, critically, the power of the police to regulate processions and assemblies by racist groups and other extreme organisations in England and Wales.
Are child contact disputes better resolved by compulsory mediation or by a judge in court?
As a consequence of recent developments it is now much easier for public-spirited individuals and interest groups to access the court. Do you agree?
As you reflect on the material, lectures, seminar discussions and exercises within which you have engaged on the Studying Law module, which of the two perspectives on law, natural law and positive law, described in the introductory section below, do you now feel that the English Legal System most closely resembles?
Assess the extent to which the mens rea of a crime must exist at the same time as the actus reus of the crime is performed in order for liability to be imputed.
Assume that you are the Head of the Legal Depart of Unifilm plc, a UK-based film-production company which also sells photographic equipment to the film industry. You are required to draft a short report to the board of directors in relation to various problems in making films and selling equipment in Zandia.
Assuming that English Law applies, advise Beta Ltd. Use relavant cases to support your answer.
At the start of 2009 there were thought to be approximately 440,000 partnerships in the UK. With this in mind, it is very surprising that the Partnership Act 1890 has not been repealed and replaced by a more modern statute. Which provisions do you consider to be the most problematic and why?
Autonomy takes precedence over other ethical principles in the context of the law relating to medical practice. Critically assess the truth of this statement with reference to relevant case law.
Barry has now died. Advise Les as to the effect of these testamentary dispositions.
Before which court should it bring the claim, and what would the jurisdiction of the European Court of Justice be to (eventually) hear the claim;
Calculate how these profits would be distributed amongst the various classes of shareholders. (You should support your answer by reference to decided cases)
Can Equity ever rightfully claim to be a girls best friend?
Capital Maintenance: Creditors Den
Comment on this statement in relation to: improperly obtained evidence.
Commercial Conflict of Laws: Issues of Jurisdiction and the Enforcement of Foreign Judgements.
Consider all the legal issues raised and advise the Hotel as to their potential liability. Explain your reasoning, using legal authority (Case law, statutory law, for instance) to back up your answer.
Consider how Rix deals with the submissions by counsel, the statutory and case law authority he bases the argument on and the reasons for the decisions he comes to on a point by point basis to create a clear analysis.
Consider the extent to which the decision in Williams v Roffey Bros & Bicholls (Contractors) Ltd [1991] 1 QB 1 has left the law uncertain in relation to variation of existing contractual obligations?.
Considering Lord Bridges statement and other relevant case law, discuss whether lower courts should be bound by an erroneous decision of the Supreme Court until the latter has had the opportunity to correct the mistake when a similar case returns to it.
Copyright exceptions and limitations in the digital environment
Criminal law Assessment: Legal Problem Solution on Burglary
Criminal Law Doctrine seems utterly incapable of dealing with women who kill. Either they deemed monstrous and receive sentences that cannot be justified under any rational scheme of punishment, or they are treated with undue chivalry. Critically Discuss with reference to UK case law.
Critical analysis and evaluation ( Not too descriptive) FOCUS ON LISTED JOURNAL ARTICLES (ACADEMIC DEBATES)
Critically analyse the above statement by describing and critically analysing the system of precedent using case law in support.
Critically analyse the extent of the banks responsibility to inspect the documents presented to them under a letter of credit transaction.
Critically analyse the provisions of the Equality Act 2010 relating to age discrimination.
Critically analyze the comment below, stating with reasons whether it may be considered to be an accurate assessment of the current law.
Critically appraise the extent to which these words describe the general English law relating to the administration of extensions of time in construction contracts.
Critically assess the effectiveness of the cy-pres doctrine as a means of ensuring the modernisation of charitable trusts.
Critically assess the extent to which media shapes our perceptions of law.
Critically assess the extent to which the provisions of the Consumer Protection from Unfair Trading Regulations 2008 in implementing the EU Directive on Unfair Commercial Practices (DIR 2005/29 EC) have improved levels of consumer protection.
Critically assess the liability of online auction intermediaries for infringements of intellectual property rights taking place on their sites.
Critically assess the main strengths and weakness of the African Charter on human and Peoples rights.
Critically assess this view. In the light of your assessment, what changes to current mental health law in England and Wales would you favour (if any)?
Critically comment on whether and to what extent the law recognises a right to correct a defective tender of shipping documents by the seller to the buyer or his bank. Should there be a right to re-tender documents?
Critically compare and contrast the legislative policies adopted by the Labour government (1997-2010) and the new Coalition government towards financial regulation in the United Kingdom.
Critically consider the proposition that the First-tier Tribunal (Mental Health) can be represented as reflecting unalloyed legalism.
Critically discuss how the law of negligence might be applied.
Critically discuss the above quotation using the most recent case law in this field.
Critically discuss the extent to which this criticism is, or is not, justified.
Critically discuss with reference to U.K case law and other relevant U.K law.
Critically evaluate the extent and impact of judicial discretion in family law.
Critically evaluate the following statement. Your discussion should concentrate on the analysis of the above subject areas with reference to the statement below.
Critically evaluate the following statement: "Informational statements are protected by Human Rights, they can therefore never amount to incitement to genocide."
Critically evaluate the proposal of Her Majestys Government to limit non European Economic Area migration, in the context of attracting the brightest and the best to ensure economic growth.
Critically evaluate the suitability of the intellectual property system for protection of traditional/indigenous knowledge.
Critically evaluate this statement with reference to either police powers at the police station.
Critically evaluate whether you agree with the statement with reference to examples.
Critically evaluate, in relation to the common law duty of care, the liability of employers for psychiatric illnesses suffered by employees and arising as the result of employees being made to work under stressful conditions.
Critically examine and evaluate the legal and practical problems an exporter of goods to an overseas buyer is likely to encounter, and consider the various ways and means by which he might minimise or avoid some of the pitfalls with which the export/import transaction is usually associated.
Critically examine the circumstances that the courts are likely to take into account when determining if a duty of care will exist when considering a claim of negligence against one of the emergency services.
Define the supremacy of community law over national law through the jurisprudence of European court of justice.
Demonstrate the ability to critically analyse various aspects of commercial law;
Discuss considering the judgements of Case C-127/08 Metock[2008}ECR I-6241 and in Case C310/08 Ibrahim and C-480/08 Teixeira [2010 2 CMLR 50.
Discuss how intellectual property law applies in relation to this matters.
Discuss the above statement with reference to the guidelines and devices used by the courts to determine whether a statement is a term of the contract or a mere representation.
Discuss the above statement. In particular, consider the importance of conventions as a source of the constitution and the attitude of the courts with regard to their operation.
Discuss the changes to the former defence of provocation brought about by the Coroners and Justice Act 2009 ss 54-55. To what extent do you agree with the above analysis?
Discuss the differences between civil partnerships and marriage. Are there good reasons why same-sex couples should not be permitted to marry-
Discuss the legal position of agency workers and critically evaluate the current state of the law which is unclear on whether an agency worker is an employee or a self employed person?
Discuss the merits or otherwise of this statement.
Discuss the public interest defence in copyright law. How far, if at all, is this defence desirable, and is it still available under the copyright, designs and Patents Act 1988?
Discuss the significance of the House of Lords decision in Bolitho V City and Hackney Health Authority.
Discuss the statement and the exceptions to the rule, using examples from the case law to illustrate your answer. 800 words
Discuss to what extent this still applies in clinical negligence cases.
Discuss whether Chemical Components Ltd can vary her contract in the way proposed.
Discuss whether there is a single test in respect of the originality requirement in copyright law.
Discuss with reference BOTH to the legislative role of the Parliament and its standing before the European Court of Justice.
Discuss, with reference to relevant case law, the liability of the parties involved.
Do you agree- In the light of this statement, discuss the treatment of functional and aesthetic design considerations in the analysis of validity and infringement in harmonised Community designs law.
Do you consider that the manner in which the criminal courts have exercised their power to exclude prosecution evidence under section 78 of the Police and Criminal Evidence Act 1984 is sufficient to satisfy an individuals right to a fair trial under Article 6 of the ECHR?
Do you think that the decision in Williams v Roffey [1990] should be extended to cover cases involving part payment of debt?
Draft a Preamble for the Constitution of the Democratic Republic of Barsoom?.
Duplicative/parallel claims - The existence of BITs (bilateral investment treaties) often means that investors can seek relief of their grievances in multiple fora. Does the existence of parallel claims, or even the possibility of making parallel claims, affect the legitimacy of investor-State dispute settlement?
Explain and comment upon the proposition that the scope of the doctrine of self-defence in international law is dependent on reading the United Nations Charter article 51 in the light of customary international law.
Explain how Ministerial Responsibility operates as the "great organising principle of the U.K. constitution," and examine the merits and demerits of this system compared with a classical Separation of Powers.
Explain how the tort of negligence could be applied to the above scenario. Be sure to explore every relevant point and to illustrate your findings by reference to decided cases. (Please note that you are deliberately not told if the mobility scooter was supplied by the store or whether it was the customers own property).
Explain the meaning and significance of the provision in Section 11 Sub-section 4 that deals with a contract term seeking to restrict financial liability to a specific sum. How useful are the guidelines for applying the reasonableness test in Schedule 2?
Flatley et al, in Chapter 2 (page 10) Crime in England and Wales 2009/10, suggest that the British Crime Survey is a better indicator of long term criminal trends than the recorded police crime figures.
How effectively do the recent reforms to the judicial appointments process in the UK address the issue of ethnic diversity within the judiciary?
How far is the European Union from 2010 fundamentally different from the European Economic Community from 1957? Especially consider the Lisbon Treaty.
How has the European Union sought to accommodate these interests in its audiovisual policies and has it, in your view, struck the right balance?
How strict is the doctrine of strict compliance in letters of credit, and does the doctrine apply to the relationship between the applicant and the issuing bank?
How the legal and equitable interests in Greengables are currently being held, including a
How would your answer to above differ, if at all, if Danni was completely unaware that she suffered from diabetes?
Human Rights, The Rule of Law, & Parliamentary Supremacy
If it is true that, "a corporation has none of the features which characterise a living person, a mind which can have knowledge or intention or be negligent and ... hands to carry out his intentions" (Wells in Corporations and Criminal Responsibility 1993), how and why can we make corporations subject to the prescripts of the criminal law?
In light of case law, analyse how successful the European Court has been in balancing these competing interests in conjunction with Treaty Obligations.
In the manner in which it has been introduced into the UK law, the Human Rights Act 1998 can fairly be described as the UKs first modern Bill of Rights. Critically discuss.
In the recent past, successive governments have, in response to a perceived public demand for punishment" and with the objective of preventing serious crime through the management of "dangerous offenders", adopted a robust sentencing policy. The result of this has been an increasingly punitive sentencing framework which has failed to deliver an effective and fair system of punishment and which has put undue and unnecessary strain on the public purse." Discuss?
In your opinion, do you think the Bank of England has too much or too little power over commercial banks? Do you think those powers should be increased, reduced or left where they are?
In your opinion, should there be limits? If so, critically discuss who should make such determinations and how should they be determined.
Is this an accurate portrayal of the development of the common law and indeed are there moral, ethical and legal justifications for such a change?
It is healthy that the civil justice system is adversarial. This would ensure that only claims or defences that are worthy would stay the course. Analyse this statement in light of research on the actual operation of civil justice systems?. You can refer to any jurisdiction.
Law and the organisation of the world trading system.
Minority ethnic groups are over-represented in the prison population because of discrimination in earlier stages of the criminal justice process.
Pavol has a right of appeal to the county court. Discuss whether, on appeal to the county court, Pavol can enforce his rights under the directive (referring to the principles of direct effect, indirect effect and state liability).
Please debate the current issues of the "double jeopardy" rule which was abolished in 2005 after the passing of the Criminal Justic Act 2003.
Please locate and read an article by Ruth Dukes published in 2009: Otto Kahn-Freund and Collective Laissez Faire: An Edifice without a Keysone? Modern Law Review Vol 72 (2): p.220-246. (Attached)
Prize winner Professor Milton Friedman argued that "the Social Responsibility of Business is to Increase its Profits" in "The New York Times Magazine" in 1970. Critically discuss the argument with reference to the UK Companies Act 2006.
Read and analyse George Mitchell (Chesterhall) Ltd v Finney Lock Seeds Ltd as it is presented in Appendix 1 of your textbook - Legal Method & Reasoning Second Edition (pp. 309"315).
Read and analyse the Unfair Contract Terms Act 1977.
Recognition serves to confirm the existence of a state; it is not constitutive of statehood in any meaningful sense. with particular reference to recent state practice and judicial decisions.
Review the role of mediation in divorce proceedings in the light of the non implementation of Part II of the Family Law Act 1996.
Scottish lawyers should be proud of the unique rule to the effect that the facta probanda in criminal cases in Scotland can only be established successfully by the Crown adducing corroborated evidence.
Select one of the environmental principles stated in art 191(2) of the Treaty on the Functioning of the European Union and discuss how the principle is reflected in UK and/or European environmental law and policy.
Should the law of equity have a unifying principle?
The abolition of the statutory dispute resolution procedures, and the range of reasonable responses test, together resurrects managerial prerogative within the employment relationship. how far do you agree with this statement?
The Administration of Justice Acts 1970 and 1973 no longer provide adequate protection for a mortgagor facing repossession.
The any given postulate test still leaves many issues unresolved in relation to uncertainty of objects under a discretionary trust. in relation to McPhail v Doulton [1970] 2 All ER 228 and Re Baden No2 [1972] 2 All ER 1304.
The consensual nature of the jurisdiction of the International Court of Justice prevents that Court from playing any meaningful and effective role in the peaceful resolution of international disputes. Discuss.
The cornerstone of UK company law since Salomons case has been the separate legal identity of the company and the limitation of the liability of members for the obligations of the company. Explain these things.
The courts have interpreted variation for the purposes of s.630 Companies Act 2006 in a rather strict and literal way but this has never caused any great concern. To what extent, if any, is this statement true-
The definition of intention in the case of Woolin lacks clarity. A legislative definition is necessary so as to ensure that there is no space for judicial moralism to enter the court room Discuss the above question with reference to Murder cases.
The doctrine of Parliamentary Supremacy is an outdated and irrelevant concept in England in the 21st century and is no longer considered a central tenet of our constitution.
The essay should take the form of an exercise in research and presentation entitled Domestic Violence in Contact and Residence Disputes.
The existence of the doctrine of promissory estoppel is by no means firmly established in English law.
The greatest criticism of modern custom is that it is descriptively inaccurate because it reflects ideal, rather than actual, standards of conduct (Anthea
The law in relation to police powers of stop, search and arrest, along with changes to the right to silence, have led to the slow erosion of the rights of the suspect. Critically discuss to what extent, if at all, you agree with this statement.
The law of marital agreements is in a mess and ripe for systematic review and reform is a quote by Lady Hale, dissenting from the majority view in Radmacher v Granatino where the judiciary supported law reform in the area of nuptial agreements. This case should be dealt with in detail.
The law relating to assisted suicide is in dire need of reform. Prosecutorial guidance is no longer enough to ensure that the law serves its purpose.
The postal rule of acceptance was established to provide business certainty when communication across the whole country was a time consuming process. How relevant is this rule in 2010, with increasing use of instantaneous communications?
The principles of law are clear and sound and need no revision. To cast doubt upon them can only be a disservice to English law. Similarly, to attempt to use this appeal to advocate, on the basis of continental legal systems which are open to cogent criticism, the abandonment of the soundly based nemo dat quod non habet rule (statutorily adopted) would be not only improper but even more damaging. Per Lord Hobhouse in Shogun Finance Ltd v Hudson [2003] UKHL 62, [2004] 1 AC 919, at paragraph 55. Critically discuss.
The question is requiring the student to advise Jasmine.
The research the client would like to make is about the trouble that happened between Vodafone Qatar and entry of Virgin Mobile and how it happened according to the Qatari Law.
The rights of a finder of an abandoned chattel are not easy to define. Critically discuss the above statement with reference to decided cases.
The sale of land may include covenants placed upon that land- what is meant by a "negative covenant", can such covenants ever be altered?
The system of collective security provided for in the United Nations Charter has not worked as originally planned. Nevertheless, the United Nations organisation has been able to play a significant role in the maintenance of peace and security by the flexible interpretation of Charter provisions.
There are many challenges for Commercial Contract Law in the twenty-first century and many areas of Commercial Contract Law where the current law is unsatisfactory.
This topic is related to Construction Law specifically and requires knowledge of several Contract Documents and Legislation/Acts relating directly to the construction industry.
To what extent can the European Court of Justice be described as judicially activist?
To what extent is the above statement accurate or are there cracks in the mirror and, if so, should those cracks be there?
To what extent it might be argued that English law is "judge made law"?
Topic of interest flexibility within trading standards (consumer protection). Possibly The English Legal System. Write an essay which evaluates the importance of creativity in your learning strategies.
Trade marks deserve protection because they create and perpetuate goodwill. The brand owners investment in the mark should be protected at all costs against free riders. Consider the validity of this statement.
Under English law governing the international sales of goods there is a clear separation between the transfer of property and the transfer of risk. This is fundamentally important to both sellers and buyers because it determines who is liable for loss or damage of goods in transit. this legal separation and the implications for both sellers and buyer when there is a cargo claim.
Using specific examples to illustrate your points, explain the Advocate Generals role in the development of EC law. the real usefulness of that role today.
What are the advantages and difficulties of having a law of international trade?
What are the principles on which fully secret and half-secret trusts are enforced? In what circumstances, if any, is it relevant to consider whether such trusts are express or constructive?
What arguments can you make for the proposition that WTO Goods Agreement (The GATT (1994)) is by and large relevant as a vehicle for lifting poor countries out of poverty?
What existing multilateral environmental and occupational safety agreements/ILO conventions would you recommend? What are the chances of getting adequate protection under these agreements?
What is the basis of the personal immunity of diplomats? To what extent is there a difference between immunities from the civil and criminal jurisdiction of the receiving state, and why does this difference exist?
What questions of interpretation arise under Article 2s protection for the right to life and how has the European Court of Human Rights resolved these questions?
What should be the main basis of Company Law, The Articles of Association and the Memorandum, Statute Law or Case Law?
What significant legal issues might arise in operating in more than one jurisdiction?
When do Internet Service Providers have protection from liability for content they transport or host, under European law? Should other commercial content providers also have such protections from liability?
Which provisions do you consider to be the most problematic and why?
Who was Justinian (approx 520 words), and what is his significance to the Law
Why was it necessary to replace GATT 1947 - wgat are the main differences between GATT 1947 and the WTO- do you think that the WTO is an improvement and ,if so, why not?
With reference to both global and UK climate change law, comment on mitigation and adaptation as strategies for tackling the social impact of climate change on the United Kingdom.
Within your essay, discuss the liability in negligence of the involved parties.
Would your answer be different if the JCT Design and Build Contract 2005 were used-
You are not required to discuss substantive EU law issues relating to health and safety or employment law but only those issues relevant to Constitutional law of the EU.
Analyse the role of tribunals within England and Wales. Do you believe that the tribunal service is a necessary addition to the court system?
Were you watching a civil or criminal case? - How did you know?
Calculate how these profits would be distributed amongst the various classes of shareholders. (You should support your answer by reference to decided cases)
Can Equity ever rightfully claim to be a girls best friend?
Capital Maintenance: Creditors Den
Comment on this statement in relation to: improperly obtained evidence.
Commercial Conflict of Laws: Issues of Jurisdiction and the Enforcement of Foreign Judgements.
Consider all the legal issues raised and advise the Hotel as to their potential liability. Explain your reasoning, using legal authority (Case law, statutory law, for instance) to back up your answer.
Consider how Rix deals with the submissions by counsel, the statutory and case law authority he bases the argument on and the reasons for the decisions he comes to on a point by point basis to create a clear analysis.
Consider the extent to which the decision in Williams v Roffey Bros & Bicholls (Contractors) Ltd [1991] 1 QB 1 has left the law uncertain in relation to variation of existing contractual obligations?.
Considering Lord Bridges statement and other relevant case law, discuss whether lower courts should be bound by an erroneous decision of the Supreme Court until the latter has had the opportunity to correct the mistake when a similar case returns to it.
Copyright exceptions and limitations in the digital environment
Criminal law Assessment: Legal Problem Solution on Burglary
Criminal Law Doctrine seems utterly incapable of dealing with women who kill. Either they deemed monstrous and receive sentences that cannot be justified under any rational scheme of punishment, or they are treated with undue chivalry. Critically Discuss with reference to UK case law.
Critical analysis and evaluation ( Not too descriptive) FOCUS ON LISTED JOURNAL ARTICLES (ACADEMIC DEBATES)
Critically analyse the above statement by describing and critically analysing the system of precedent using case law in support.
Critically analyse the extent of the banks responsibility to inspect the documents presented to them under a letter of credit transaction.
Critically analyse the provisions of the Equality Act 2010 relating to age discrimination.
Critically analyze the comment below, stating with reasons whether it may be considered to be an accurate assessment of the current law.
Critically appraise the extent to which these words describe the general English law relating to the administration of extensions of time in construction contracts.
Critically assess the effectiveness of the cy-pres doctrine as a means of ensuring the modernisation of charitable trusts.
Critically assess the extent to which media shapes our perceptions of law.
Critically assess the extent to which the provisions of the Consumer Protection from Unfair Trading Regulations 2008 in implementing the EU Directive on Unfair Commercial Practices (DIR 2005/29 EC) have improved levels of consumer protection.
Critically assess the liability of online auction intermediaries for infringements of intellectual property rights taking place on their sites.
Critically assess the main strengths and weakness of the African Charter on human and Peoples rights.
Critically assess this view. In the light of your assessment, what changes to current mental health law in England and Wales would you favour (if any)?
Critically comment on whether and to what extent the law recognises a right to correct a defective tender of shipping documents by the seller to the buyer or his bank. Should there be a right to re-tender documents?
Critically compare and contrast the legislative policies adopted by the Labour government (1997-2010) and the new Coalition government towards financial regulation in the United Kingdom.
Critically consider the proposition that the First-tier Tribunal (Mental Health) can be represented as reflecting unalloyed legalism.
Critically discuss how the law of negligence might be applied:
Critically discuss the above quotation using the most recent case law in this field.
Critically discuss the extent to which this criticism is, or is not, justified.
Critically discuss with reference to U.K case law and other relevant U.K law.
Critically evaluate the extent and impact of judicial discretion in family law.
Critically evaluate the following statement. Your discussion should concentrate on the analysis of the above subject areas with reference to the statement below.
Critically evaluate the following statement: "Informational statements are protected by Human Rights, they can therefore never amount to incitement to genocide."
Critically evaluate the proposal of Her Majestys Government to limit non European Economic Area migration, in the context of attracting the brightest and the best to ensure economic growth.
Critically evaluate the suitability of the intellectual property system for protection of traditional/indigenous knowledge.
Critically evaluate this statement with reference to either police powers at the police station.
Critically evaluate whether you agree with the statement with reference to examples.
Critically evaluate, in relation to the common law duty of care, the liability of employers for psychiatric illnesses suffered by employees and arising as the result of employees being made to work under stressful conditions.
Critically examine and evaluate the legal and practical problems an exporter of goods to an overseas buyer is likely to encounter, and consider the various ways and means by which he might minimise or avoid some of the pitfalls with which the export/import transaction is usually associated.
Critically examine the circumstances that the courts are likely to take into account when determining if a duty of care will exist when considering a claim of negligence against one of the emergency services.
Define the supremacy of community law over national law through the jurisprudence of European court of justice.
Demonstrate the ability to critically analyse various aspects of commercial law;
Discuss considering the judgements of Case C-127/08 Metock[2008}ECR I-6241 and in Case C310/08 Ibrahim and C-480/08 Teixeira [2010 2 CMLR 50.
Discuss how intellectual property law applies in relation to this matters.
Discuss the above statement with reference to the guidelines and devices used by the courts to determine whether a statement is a term of the contract or a mere representation.
Discuss the above statement. In particular, consider the importance of conventions as a source of the constitution and the attitude of the courts with regard to their operation.
Discuss the changes to the former defence of provocation brought about by the Coroners and Justice Act 2009 ss 54-55. To what extent do you agree with the above analysis?
Discuss the differences between civil partnerships and marriage. Are there good reasons why same-sex couples should not be permitted to marry-
Discuss the legal position of agency workers and critically evaluate the current state of the law which is unclear on whether an agency worker is an employee or a self employed person?
Discuss the merits or otherwise of this statement.
Discuss the public interest defence in copyright law. How far, if at all, is this defence desirable, and is it still available under the copyright, designs and Patents Act 1988?
Discuss the significance of the House of Lords decision in Bolitho V City and Hackney Health Authority.
Discuss the statement and the exceptions to the rule, using examples from the case law to illustrate your answer. 800 words
Discuss to what extent this still applies in clinical negligence cases.
Discuss whether Chemical Components Ltd can vary her contract in the way proposed.
Discuss whether there is a single test in respect of the originality requirement in copyright law.
Discuss with reference BOTH to the legislative role of the Parliament and its standing before the European Court of Justice.
Discuss, with reference to relevant case law, the liability of the parties involved.
Do you agree- In the light of this statement, discuss the treatment of functional and aesthetic design considerations in the analysis of validity and infringement in harmonised Community designs law.
Do you consider that the manner in which the criminal courts have exercised their power to exclude prosecution evidence under section 78 of the Police and Criminal Evidence Act 1984 is sufficient to satisfy an individuals right to a fair trial under Article 6 of the ECHR?
Do you think that the decision in Williams v Roffey [1990] should be extended to cover cases involving part payment of debt?
Draft a Preamble for the Constitution of the Democratic Republic of Barsoom?.
Duplicative/parallel claims - The existence of BITs (bilateral investment treaties) often means that investors can seek relief of their grievances in multiple fora. Does the existence of parallel claims, or even the possibility of making parallel claims, affect the legitimacy of investor-State dispute settlement?
Explain and comment upon the proposition that the scope of the doctrine of self-defence in international law is dependent on reading the United Nations Charter article 51 in the light of customary international law.
Explain how Ministerial Responsibility operates as the "great organising principle of the U.K. constitution," and examine the merits and demerits of this system compared with a classical Separation of Powers.
Explain how the tort of negligence could be applied to the above scenario. Be sure to explore every relevant point and to illustrate your findings by reference to decided cases. (Please note that you are deliberately not told if the mobility scooter was supplied by the store or whether it was the customers own property).
Explain the meaning and significance of the provision in Section 11 Sub-section 4 that deals with a contract term seeking to restrict financial liability to a specific sum. How useful are the guidelines for applying the reasonableness test in Schedule 2?
Flatley et al, in Chapter 2 (page 10) Crime in England and Wales 2009/10, suggest that the British Crime Survey is a better indicator of long term criminal trends than the recorded police crime figures.
How effectively do the recent reforms to the judicial appointments process in the UK address the issue of ethnic diversity within the judiciary?
How far is the European Union from 2010 fundamentally different from the European Economic Community from 1957? Especially consider the Lisbon Treaty.
How has the European Union sought to accommodate these interests in its audiovisual policies and has it, in your view, struck the right balance?
How strict is the doctrine of strict compliance in letters of credit, and does the doctrine apply to the relationship between the applicant and the issuing bank?
How the legal and equitable interests in Greengables are currently being held, including a
How would your answer to above differ, if at all, if Danni was completely unaware that she suffered from diabetes?
Human Rights, The Rule of Law, & Parliamentary Supremacy
If it is true that, "a corporation has none of the features which characterise a living person, a mind which can have knowledge or intention or be negligent and ... hands to carry out his intentions" (Wells in Corporations and Criminal Responsibility 1993), how and why can we make corporations subject to the prescripts of the criminal law?
In light of case law, analyse how successful the European Court has been in balancing these competing interests in conjunction with Treaty Obligations.
In the manner in which it has been introduced into the UK law, the Human Rights Act 1998 can fairly be described as the UKs first modern Bill of Rights. Critically discuss.
In the recent past, successive governments have, in response to a perceived public demand for punishment" and with the objective of preventing serious crime through the management of "dangerous offenders", adopted a robust sentencing policy. The result of this has been an increasingly punitive sentencing framework which has failed to deliver an effective and fair system of punishment and which has put undue and unnecessary strain on the public purse." Discuss?
In your opinion, do you think the Bank of England has too much or too little power over commercial banks? Do you think those powers should be increased, reduced or left where they are?
In your opinion, should there be limits? If so, critically discuss who should make such determinations and how should they be determined.
Is this an accurate portrayal of the development of the common law and indeed are there moral, ethical and legal justifications for such a change?
It is healthy that the civil justice system is adversarial. This would ensure that only claims or defences that are worthy would stay the course. Analyse this statement in light of research on the actual operation of civil justice systems?. You can refer to any jurisdiction.
Law and the organisation of the world trading system.
Minority ethnic groups are over-represented in the prison population because of discrimination in earlier stages of the criminal justice process.
Pavol has a right of appeal to the county court. Discuss whether, on appeal to the county court, Pavol can enforce his rights under the directive (referring to the principles of direct effect, indirect effect and state liability).
Please debate the current issues of the "double jeopardy" rule which was abolished in 2005 after the passing of the Criminal Justic Act 2003.
Please locate and read an article by Ruth Dukes published in 2009: Otto Kahn-Freund and Collective Laissez Faire: An Edifice without a Keysone? Modern Law Review Vol 72 (2): p.220-246. (Attached)
Prize winner Professor Milton Friedman argued that "the Social Responsibility of Business is to Increase its Profits" in "The New York Times Magazine" in 1970. Critically discuss the argument with reference to the UK Companies Act 2006.
Read and analyse George Mitchell (Chesterhall) Ltd v Finney Lock Seeds Ltd as it is presented in Appendix 1 of your textbook - Legal Method & Reasoning Second Edition (pp. 309"315).
Read and analyse the Unfair Contract Terms Act 1977.
Recognition serves to confirm the existence of a state; it is not constitutive of statehood in any meaningful sense. with particular reference to recent state practice and judicial decisions.
Review the role of mediation in divorce proceedings in the light of the non implementation of Part II of the Family Law Act 1996.
Scottish lawyers should be proud of the unique rule to the effect that the facta probanda in criminal cases in Scotland can only be established successfully by the Crown adducing corroborated evidence.
Select one of the environmental principles stated in art 191(2) of the Treaty on the Functioning of the European Union and discuss how the principle is reflected in UK and/or European environmental law and policy.
Should the law of equity have a unifying principle?
The abolition of the statutory dispute resolution procedures, and the range of reasonable responses test, together resurrects managerial prerogative within the employment relationship. how far do you agree with this statement?
The Administration of Justice Acts 1970 and 1973 no longer provide adequate protection for a mortgagor facing repossession.
The any given postulate test still leaves many issues unresolved in relation to uncertainty of objects under a discretionary trust. in relation to McPhail v Doulton [1970] 2 All ER 228 and Re Baden No2 [1972] 2 All ER 1304.
The consensual nature of the jurisdiction of the International Court of Justice prevents that Court from playing any meaningful and effective role in the peaceful resolution of international disputes. Discuss.
The cornerstone of UK company law since Salomons case has been the separate legal identity of the company and the limitation of the liability of members for the obligations of the company. Explain these things.
The courts have interpreted variation for the purposes of s.630 Companies Act 2006 in a rather strict and literal way but this has never caused any great concern. To what extent, if any, is this statement true-
The definition of intention in the case of Woolin lacks clarity. A legislative definition is necessary so as to ensure that there is no space for judicial moralism to enter the court room Discuss the above question with reference to Murder cases.
The doctrine of Parliamentary Supremacy is an outdated and irrelevant concept in England in the 21st century and is no longer considered a central tenet of our constitution.
The essay should take the form of an exercise in research and presentation entitled Domestic Violence in Contact and Residence Disputes.
The existence of the doctrine of promissory estoppel is by no means firmly established in English law.
The greatest criticism of modern custom is that it is descriptively inaccurate because it reflects ideal, rather than actual, standards of conduct (Anthea
The law in relation to police powers of stop, search and arrest, along with changes to the right to silence, have led to the slow erosion of the rights of the suspect. Critically discuss to what extent, if at all, you agree with this statement.
The law of marital agreements is in a mess and ripe for systematic review and reform is a quote by Lady Hale, dissenting from the majority view in Radmacher v Granatino where the judiciary supported law reform in the area of nuptial agreements. This case should be dealt with in detail.
The law relating to assisted suicide is in dire need of reform. Prosecutorial guidance is no longer enough to ensure that the law serves its purpose.
The postal rule of acceptance was established to provide business certainty when communication across the whole country was a time consuming process. How relevant is this rule in 2010, with increasing use of instantaneous communications?
The principles of law are clear and sound and need no revision. To cast doubt upon them can only be a disservice to English law. Similarly, to attempt to use this appeal to advocate, on the basis of continental legal systems which are open to cogent criticism, the abandonment of the soundly based nemo dat quod non habet rule (statutorily adopted) would be not only improper but even more damaging. Per Lord Hobhouse in Shogun Finance Ltd v Hudson [2003] UKHL 62, [2004] 1 AC 919, at paragraph 55. Critically discuss.
The question is requiring the student to advise Jasmine.
The research the client would like to make is about the trouble that happened between Vodafone Qatar and entry of Virgin Mobile and how it happened according to the Qatari Law.
The rights of a finder of an abandoned chattel are not easy to define. Critically discuss the above statement with reference to decided cases.
The sale of land may include covenants placed upon that land- what is meant by a "negative covenant", can such covenants ever be altered?
The system of collective security provided for in the United Nations Charter has not worked as originally planned. Nevertheless, the United Nations organisation has been able to play a significant role in the maintenance of peace and security by the flexible interpretation of Charter provisions.
There are many challenges for Commercial Contract Law in the twenty-first century and many areas of Commercial Contract Law where the current law is unsatisfactory.
This topic is related to Construction Law specifically and requires knowledge of several Contract Documents and Legislation/Acts relating directly to the construction industry.
To what extent can the European Court of Justice be described as judicially activist?
To what extent is the above statement accurate or are there cracks in the mirror and, if so, should those cracks be there?
To what extent it might be argued that English law is "judge made law"?
Topic of interest flexibility within trading standards (consumer protection). Possibly The English Legal System. Write an essay which evaluates the importance of creativity in your learning strategies.
Trade marks deserve protection because they create and perpetuate goodwill. The brand owners investment in the mark should be protected at all costs against free riders. Consider the validity of this statement.
Under English law governing the international sales of goods there is a clear separation between the transfer of property and the transfer of risk. This is fundamentally important to both sellers and buyers because it determines who is liable for loss or damage of goods in transit. this legal separation and the implications for both sellers and buyer when there is a cargo claim.
Using specific examples to illustrate your points, explain the Advocate Generals role in the development of EC law. the real usefulness of that role today.
What are the advantages and difficulties of having a law of international trade?
What are the principles on which fully secret and half-secret trusts are enforced? In what circumstances, if any, is it relevant to consider whether such trusts are express or constructive?
What arguments can you make for the proposition that WTO Goods Agreement (The GATT (1994)) is by and large relevant as a vehicle for lifting poor countries out of poverty?
What existing multilateral environmental and occupational safety agreements/ILO conventions would you recommend? What are the chances of getting adequate protection under these agreements?
What is the basis of the personal immunity of diplomats? To what extent is there a difference between immunities from the civil and criminal jurisdiction of the receiving state, and why does this difference exist?
What questions of interpretation arise under Article 2s protection for the right to life and how has the European Court of Human Rights resolved these questions?
What should be the main basis of Company Law, The Articles of Association and the Memorandum, Statute Law or Case Law?
What significant legal issues might arise in operating in more than one jurisdiction?
When do Internet Service Providers have protection from liability for content they transport or host, under European law? Should other commercial content providers also have such protections from liability?
Which provisions do you consider to be the most problematic and why?
Who was Justinian (approx 520 words), and what is his significance to the Law
Why was it necessary to replace GATT 1947 - wgat are the main differences between GATT 1947 and the WTO- do you think that the WTO is an improvement and ,if so, why not?
With reference to both global and UK climate change law, comment on mitigation and adaptation as strategies for tackling the social impact of climate change on the United Kingdom.
Within your essay, discuss the liability in negligence of the involved parties.
Would your answer be different if the JCT Design and Build Contract 2005 were used-
You are not required to discuss substantive EU law issues relating to health and safety or employment law but only those issues relevant to Constitutional law of the EU.
Analyse the role of tribunals within England and Wales. Do you believe that the tribunal service is a necessary addition to the court system?
Were you watching a civil or criminal case? - How did you know?
Applying principles and theories of the law & morality (Part A) syllabus to a scenario incorporating two ethically contested illustrations of your choice from the menu of illustrations below. One illustration must be chosen from section 1 and one from section 2.
Critically assess the relevance to modern society of the positivist definition of sovereignty.
'The attack on formalism runs through various schools of jurisprudence, discuss and evaluate the critique of American Legal Realism.
Allan wants to create a trust of his house, 1 Blank St for his friend Butch. On 1/1/09 he obtains a deed of trust, and writes a litter to Zelda asking her if she will be a trustee. Zelda writes back agreeing to be trustee. Allan then executes a land transfer form transferring title to Zelda. He then writes to Butch telling him that he will sign the deed and create the trust as soon as he is able. Allan completes and signs the trust deed on 10/1/09. Allan died at the end of February 09. The trust deed was destroyed by accident. Zelda is now claiming that the house was transferred to her absolutely. Advise Butch.
Conduct should be criminal unless it causes harm to others. Conduct which does not harm others should not be criminalised, even though some people might regard that conduct as immoral.
Discuss the advantages and disadvantages of the different business entities that are available in the United Kingdom.
Equity and trust LLB law (Hons).
In the English tradition, companies function by the decision made by directors who have been appointed by the shareholders: no other individual or persons can make decisions which affect the operations and responsibilities of the companies. Please examine this statement and indicate the extent to which you agree or disagree with it.
Is an employer's power to vary an employment contract so unfettered as to make comparisons to old concepts of 'masters and servant' justified?
Whether Mrs Batsford can claim against Mr Brown for the removal of the prefabricated building and swings.
A case analysis of: Jameel v Wall Street Journal [2006] UKHL 44.
A case note on Paul Retail Pty Ltd v Morgan [2010].
A critical analysis of the doctrine of self - determination as developed in the western sahara advisory opinion of the international court of justice.
Advise Evans Ltd on the possible legal liabilities of its proposed actions and also advise Ranjit and Souness on their dispute with each other.
Advise Jack and Roxanne as to the validity of their marriage.
Advise Ruth and David as to their rights, if any, under EU law.
Advise the UK Health and Safety Board on their right to refer questions to the European Court of Justice.
Agency is the fiduciary relationship which exists between two persons, one of whom expressly or impliedly manifests assent that the other should act on his behalf so as to affect his relations with third parties, and the other of whom similarly manifests assent so to act or so acts pursuant to the manifestation.
All propositions of law referred to in the legal problem question (see section A of the assignment below) should be supported by an appropriate reference to a case or statute or, in the case of a reference to a standard form of building contract such as the JCT Standard Building Contract with Quantities 2005, by an appropriate reference to the relevant contract.
Analyse the progression of the ultra vires doctrine to the current day.
Analyse the statement and critically evaluate how the application of the law under the Act affects employer's liability.
Analyse whether this accurately describes the impact of European Union membership on the doctrine of Parliamentary supremacy.
Any effort to prevent injury due to medical care is complicated by the dead weight of a litigation system that induces secrecy and silence. Consequently alterations to the no-fault compensation system should be urgently reconsidered.
'Any effort to prevent injury due to medical care is complicated by the dead weight of a litigation system that induces secrecy and silence. Consequently alternatives to the no - fault compensation system should be urgently reconsidered.
Applying case law and the Law of Tort 1 syllabus to the above scenario, advise Marcus, Muriel and Martin of any legal action that they may take and against whom such action should be taken.
Autonomy takes precedence over other ethical principals in the context of the law relating to medical practice.
City Corp, a large banking corporation in the city of London, employs 2,000 employees at its headquarters in Canary Wharf. The company has been affected by a sudden banking crisis and its new HR director, Alan, has some difficult staffing decisions to make.
Compare and contrast the system of adversarial trial in common law jurisdictions with the system of inquisitorial justice in a civil law jurisdiction. [You may concentrate on specific jurisdictions, for example England and France].
Consider whether the Equality Act 2010 might help address the inadequacies you identify.
Critically analyse the extent to which the distinction between leases and licences has been clarified or confused following the decision in Street v Mountford.
Critically analyse the judgement in the case of Re Goldcorp Exchange Ltd [1995] 1 AC 74.
Critically analyse the legal issues and the repercussions of the Factortame case using academic commentary with reference to books, journals and articles. Is the case still relevant today and are there any recent cases which are important?
Critically analyse the rationale of "overreaching" and to what extent is it fair between a bona fide purchaser and a beneficiary with equitable interests?
Critically analyse whether contemporary international law permits states to exercise the right to self-defence.
Critically analyse, using relevant cases, legal and academic commentary by reference to books, journals and articles that address the UK's accession to the EEC and the problems it has with sovereignty of Parliament.
Critically assess the extent to which the provisions of the Consumer Protection from Unfair Trading Regulations 2008 in implementing the EU Directive on Unfair Commercial Practices (DIR 2005/29 EC) have improved levels of consumer protection.
Critically assess the judicial development of the meaning of recklessness in English Criminal law and consider whether, in light of that development, the test for recklessness in criminal law should be purely subjective, purely objective or a mixture of both objective and subjective.
Critically consider whether Von Molkte's opinions are as valid today as they were 130 years ago. In your answer you should consider contemporary developments in International Criminal Law and illustrate your points with reference to case law and academic argument.
Critically discuss organising and social partnership approaches in increasing trade union influence within the employment relationship.
Critically discuss the relationship between 'race' and religion in law. You may illustrate your answer with reference either to relevant UK case law and/or theoretical perspectives on political events within Europe in the last decade.
Critically evaluate legal definitions of religion in European Court of Human Rights cases.
Critically evaluate the role and function of the declaratory and constitutive theories of state recognition. Taking into account their application in the international community, and having regard to the distinction between recognition of state and recognition of governments.
Critically evaluate, in relation to the common law duty of care, the liability of employers for psychiatric illnesses suffered by employees and arising as the result of employees being made to work under stressful conditions.
Critically review the role of property led regeneration and debate the challenges/limitations of this model of regeneration during the current financial crisis.
Customary International Law indicates the enduring importance of state sovereignty in the international legal regime.
Describe the features of the UK Constitution and discuss whether its uniqueness in Europe should necessarily lead to the approval of a written constitution.
Describe whether the judiciary in the United Kingdom should be entitled to strike down acts of parliament under extreme circumstances.
Discuss the advantages and disadvantages of the different business entities that are available in the United Kingdom. These include Sole traders, Limited liability traders, PLC's, partnerships etc.
Discuss the approach of the Courts to trusts espousing political purposes.
Discuss the benefits of, and challenges associated with, hybrid ADR processes such as Early Neutral Evaluation and Mediation-arbitration.
Discuss the extent to which the 1994 amendments to section 35 of the 'Sales of goods act' 1979 and subsequent case law have clarified the position in respect of the remedies available to the buyer.
Discuss the possible claims in Tort of Tom, Sam and Wayne.
Discuss without reference to the Human Rights Act 1998.
Discuss, with case law and legislation, how Felicity's estate should be distributed. Felicity, aged, 87, is a lady with a variable mental condition. She made a will in favour of a relative, later changed it in favour of ordinary friends. After an apology from the close relative, she died before her solicitor could make another will.
Distinguish between fixed trusts, discretionary trusts and powers of appointment.
Do you think that the law of torts, and particularly, the tort of negligence, is contributing to a compensation or blame culture in modern society?
Does the European Court of Human Rights' decision in Schalk v. Kopf v. Austria 25th June 2010 make the opening of marriage to same-sex couples inevitable some time in the future?
Employees accused of misconduct are not adequately protected by the law of unfair dismissal.
Employers have a legal responsibility to protect the health, safety and welfare of employees and others. Discuss how they may meet these responsibilities.
Explain the importance and significance of including a design ans access statement with an application for development.
Explain, through the inclusion of relevant examples the role of common law and case law in the development and application of UK Health & Safety statute.
Fiscal considerations are the prime shapers for Environmental regulation, rather than concern for regional and global protection.
Grounds for divorce should move away from fault to no fault. Compare between two different country's laws, such as; UK and Sweden, or any other different country.
How do you see the recent change in government and the current economic climate affecting HRM theory and practice.
How the law dealing with Pre-Nuptial Agreements has changed in the past 25 years?
Identify a significant international maritime policy introduced by the IMO during the last decade that in your view has created controversy among the international maritime community.
Identify and discuss a particular aspect of law or policy relevant to your work.
Identify and discuss the main institutional and legislative issues confronting the European Union following the 'Treaty of Nice(2001)'.
If in a contract such as this the parties agree that the architect's final certificate shall be conclusive evidence of certain matters, I do not think that there is any invasion of the court's jurisdiction or any affront to its dignity. The court's function in a civil case is to adjudicate between the parties, and if they have agreed that a certain certificate shall be conclusive evidence the court can admit the evidence and treat it as conclusive.
In 1952, Phyllis, aged 16, went to work for Mr Bagehot who was a baker. Mr Bagehot had been widowed and had three young children, Quentin, Rachel and Sampson, and lived in the rooms above the shop. Phyllis looked after the children and acted as housekeeper for the family. She lived with the family and was paid a weekly wage.
In Construction we enter into Contracts for the supply of Works. In order for that contract to be legally binding it must meet established conditions. Discuss these conditions and the effects if the conditions were found not to be met.
In form of essay, examine the relationship between defamation and freedom of expression.
International Trade Law.
Introduce what is meant by 'the man on the Clapham Omnibus', explaining where and how this expression came to be. What principles arise and in what way have they been applied following this case.
Irish medical negligence law demonstrates considerable deference by the courts to the practises of the medical profession.
Is access to justice available to all UK citizens who need it? Consider to what extent the recent changes to funding will improve access to justice.
Is Judicial Review more likely to offer a better solution to an individual deprived of medical treatment than public law is?
It is... said that equity 'supplements' the short comings of the common law, but if that is correct it is nevertheless the case that equity only supplements the common law when by doing so it can prevent unconscionable reliance on the shortcomings of the common law. 'Unconscionable' cannot be defined in the abstract; it can only be understood in connection with the facts of particular cases.
'It is not inconceivable that overriding requirements relating to the general interest...may, in certain circumstances and subject to certain conditions, justify restrictions on the freedom of establishment.'
Jane passed her examinations and has not started smoking again. Alan has not made either of the promised payments, nor has he bought her the car. He seeks your advice as to whether he is legally obliged to do so.
Land ownership issues arise in a variety of different contexts. Using one example of your own choosing, explain the key legal, moral and/or ethical issues surrounding your Land registration for the 21st century - A conveyancing revolution law com no 271 part VIII paragraph 8.6.
Last week, Johnny purchased a HD television set (the'TV') from Faultless, a chain store specialising in electrical appliances.
Law of sale and supply of goods.
Laws are made and classified in a number of ways. Do you agree with this statement?
Marriage law and same sex couples.
Medical law imposes unjustifiably different standards in determining a valid consent on the one hand and a valid refusal on the other.
'Miscarriages of justice are just as likely to occur now as in the 1970s.
Negligence: Breach of duty and causation.
One of the most important factors underlying choice of law rules must be the desire to achieve justice between the parties. (CMV Clarkson and J Hill "The Conflict of Laws.
One of the problems with the United Kingdom Constitution is the lack of means to determine what is or is not unconstitutional.
Preferable to use Hong Kong law. UK law can be used as a secondary option.
Read the Health Act 2009 and, using illustration and traditional doctrines to support your theory, present a written report addressing the different contexts of the Act.
Selecting two cases from the list give a case commentary/analysis concentrating on analysis rather than case facts.
Self-regulation of the healthcare professions has failed in the UK and a total regulatory restructure is urgently required.
Source One refers to the stages by which a Bill becomes an Act of Parliament. Describe the process by which Acts of Parliament are passed.
Tek Trol v International Insurance Co of Hanover.
The administration of people at work needs to be more about leadership than management. Explain and critically examine this view in the context of managing interpersonal behaviour at work.
The agency worker is an anomaly - he is neither fish nor fowl.
The case law concerned with mistake as to identity illustrates the clash between consumer orientated realist approaches on the one hand and market oriented formalist approaches on the other.
The Court of Appeal in Ladele v London Borough of Islington, together with other recent decisions, makes clear the judicial view that there is no duty to tolerate intolerance.
The courts are ingenious when it comes to protecting rights of those who have some moral claim over land.
The Criminal Defence Service providing state funding for criminal cases.
The difficulty with the law on religious discrimination is that tribunals and courts have been too generous in their definition of religion' and belief', but too restrictive in their application of the law to situations where employees seek an accommodation of their beliefs and practises in the workplace.
The domestic rules on the passage of property are out of date. The adoption of a US style law would resolve the situation.
'The EU legal framework on immigration and asylum provides an effective level of protection for third country nationals who live in the EU but fails to safeguard the rights of third country nationals who seek to enter the EU in search of asylum'.
The general and specific characteristics of French tort law.
The law of divorce requires radical reform.
The legislation of civil partnerships may appear to be a radical and progressive strategy for reform, a strategy which represents a powerful endorsement of same sex relationships. However, some take a more critical view and point out that it simply sought to reinforce traditional family ideologies.
The payment process was one of the major areas under consideration during the reform consultation for the Housing Grants, Construction and Regeneration Act (HGCR) 1996. The discussions focused on creating an effective payment mechanism under the statute.
The primary function of Environmental Law is not to eliminate pollution completely, but to balance emissions against the needs of economic activity and growth. Consider if the current legal framework is effective in this regard.
The purpose of criminal evidence is to present the tribunal of fact with the most persuasive evidence of guilt. Its rules are therefore designed to exclude unreliable evidence.
The question relates to Australian jurisprudence and the study of equity as it has developed in Australia.
The status of the foetus under English law and human rights law generally is confused, contradictory and unhelpful. Reform is urgently required to rationalise the legal framework.
The success of the European Union lies not in any grand statement or institutional activity, rather in the ability of the citizen to enforce EU Law before Nation Courts.
The supremacy of EU law is irreconcilable with the doctrine of national constitutional sovereignty.
The way in which we define child sexual abusers and our perception of who paedophiles are affects how we treat and sentence such offenders.
There is acute concern over the many problems which exist in the resolution of disputes by the civil courts... the process is too expensive, too slow and too complex.. the result is inadequate access to justice and ineffective system. Explain and comment upon this statement in relation to woolf reforms.
To examine the changing constructs of adult relationships including marriage, same sex partnerships and cohabitation.
To what extent do the rules governing eligibility allow the employer to dismiss an employee without incurring any claim for unfair dismissal? Is the law discriminatory? Should there be any rules of eligibility at all?
To what extent has Fuller and Purdue's identification of the expectation, reliance, and restitution interests in contract damages been a useful tool in the development of the law? To what extent ought it to be?
To what extent is it true to say that the Scottish Parliament is a modern parliament compared with the UK Parliament?
To what extent should people have a right to privacy?
To what extent would you agree that the courts interpretation of the Bolam test, as applied within the context of failure to warn cases, has changed over the years?
Understand the essential elements of a valid and legally binding contract and its role in a business context.
Using water pollution offences as an example (as previously provided by s.85 Water Resources Act 1991 and now under Regulation 12 of the Environmental Permitting Regulations 2010) What are the advantages and disadvantages of strict liability in relation to environmental criminal offences?
What are the overall implications of strengthening moral rights protection in the UK (benefits and weaknesses) on the various stakeholders in copyright policy being the creators, rights owners, users, the general public and the public interest?
What can Mediation do for NAMA?
What does the treatment of those claiming asylum in the UK tell you about the contemporary relationship between those people subjected to legal regulation and the state?
What is more significant is the clear recognition in modern judgements that the duty issue depends heavily upon what is fair, just and reasonable.
What is the significance of Marshall v Southampton and South West Hampshire Area Health Authority (Teaching) Case 158/84 within the context of direct effect?
What legal action, if any, does Michael have against the manufacturer who authorised the advertisement.
What protection is afforded to beneficial co-owners of property in situations where the trustees or third parties apply to a court for an order to sell land which is subject to a trust of land?
What protections does the Chinese Company Law offer the minority shareholders?
What the law of contract defines as an "offer" and how it differs to an "invitation to treat".
Whilst the definition of what is a partnership, under the Partnership Act 1890, seems straight forward, its application, in practice, has proved to be somewhat problematic.
With reference to relevant case law, examine the extent to which judicial review offers a satisfactory alternative.
With reference to specific examples discuss whether constitution should be codified.
With reference to the legal system of England & Wales, explain what is meant by the 'common law' and the Modern Doctrine of Precedent'.
You are required to analyse a recent decision of the Court of Justice which you consider to be of major significance in the development of the EU legal order of state liability.
On 27th July 2010, a five story office block in London from a property developer who has found that the credit crunch has over extended him. The developer had paid his builder £1,000,000 plus VAT in November 2009 for the block and could not find a tenant. James bought the property for £800,000 (exclusive of any VAT which may be due) and entered into a contract with the same builder to subdivide the block at a cost of £200,000 (exclusive of any VAT which may be due). In November 2010, James rented the ground floor to a bank and the remaining 4 floors to a whisky company. Total rental yield is £80,000 pa
Doing your resits? We can help!