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The declaratory theory of law is quite simply that judges do not make or create the law, the merely declare what the law is and what it has always been. The declaratory theory of law has often been used by members of the judiciary and constitutional lawyers as a shield against the accusations of others that judges do in fact create law.
The issue with the creation law by the judiciary is that the judiciary is an unelected body and therefore not accountable to the general public for their actions and judicial reasoning.
The use of pre-recorded video evidence in sexual assault and rape trials. Has the law of criminal evidence managed to strike an appropriate balance between protecting the victims of sexual assault, who are usually the prime witnesses in prosecution proceedings, and protecting the due process rights of defendants charged with these crimes, in particular the right to properly test the evidence which has been admitted against them?
The question in this case refers to the creation of a trust, i.e. the formalities that are required. In the case of Serena, she has created a trust that holds the property in trust for Alice for life and then the remainder goes to Alice’s children. On the death of Serena, there is a valid will where Alice gets all of the property and there is no interest for Alice’s children. Therefore, the following advice is going to identify a trust is in place, which will ensure that the property transfers to the children...
1. The selection of an alternative dispute resolution mechanism is particularly pertinent in international trade cases because the parties are, by definition, domiciled in different nation states (Chuah, 2009). Since an agreement must therefore be reached on choice of law issues, it is common for parties to consider stepping outside standard litigation processes altogether and instead stipulating for arbitration to take place (Neipert, 2002)....
Search Criminal Justice and Police Act 2001 s2(1) – Part 1 deals with Provisions for Combatting Crime and Disorder and within this section 2 with Penalty Notices
S2(1) “a constable who has reason to believe that a person aged  or over has committed a penalty offence may give him a penalty notice in respect of the offence.”
Note subordinate legislation - Penalties for Disorderly Behaviour (Amendment of Minimum Age) Order 2004, SI 2004/3166 - no reference to under-age drinkers in the facts so not following up further
The crime of breach of the peace in Scottish criminal law will be explained and it will be shown why the crime has been redefined in recent years. In doing so, various case law and academic opinion will be assessed and it will be shown whether there is a clear definition of such crime or whether it is rather confusing and difficult to establish because of the array of case law that has attempted to define such activity.
The first quality which should be present in any commercial property lease is synergy between the purposes permitted under the terms of the lease, (or that for which it has been used for ten years), and the planning permission which pertains to the property.
Every European country controls a distinct system of judicial enforcement and labor legislation. This is most often closely related to the process of collective bargaining and arrangements of social partner consultation.
Empirical studies of contracting behaviour consistently demonstrate that commercial contracting parties care little for written contracts or the rules of contract law. Should the law of contract manifest any concern over this? If not, why not, and if so, how should the rules of contract law be amended to better reflect commercial practice?
This scenario relates to the various contractual relationships entered into by the multi-millionaire property developer, Simon Cuddle. The first contract is with Best Builders Limited (“BBL”) and is for the construction of a new concert hall in the grounds of a mansion.
Radio station QUES (Station), put an identification tag on a large bass fish it named "Big Bertha" and placed it in a nearby lake (the Lake) as part of a promotional fishing contest. Station advertised the contest during radio broadcasts, but required no formal entry. The advertisement stated that anyone who caught Big Bertha on hook and line and presented it to Station would be entitled to a $5,000 cash price.
The fundamental concept of corporate separate personality recognises that a company, once incorporated, becomes a ‘body corporate’, i.e. a legal entity distinct from its members and officers. The various effects of corporate separate personality shall be dealt with in turn.
In light of the above statement, evaluate the provisions of the Criminal Justice Act 2003, and the relevant case law under the Act, relating to attack on another's character.
‘Parliament's purpose in the legislation, as we divine it from the terms of the Act, was to assist in the evidence based conviction of the guilty, without putting those who are not guilty at risk of conviction by prejudice' (R v Hanson  2 Cr App R 21, Rose LJ at ).
The most serious offence that Marion could be charged with is the murder of Spike and Toby. Murder is defined in law as causing the death of a human being within the Queen’s peace with the intention to kill or cause grievous bodily harm. Therefore murder comprises of two elements, these are 1) the act (actus reus) and 2) the intention (mens rea).
This question raises issues of the criminal litigation process as well as evidential issues involved during the questioning of suspects and subsequent litigation. In the interests of proper case analysis, I have decided to deal with the parties in turn by considering the legal issues that arise in relation to each party’s case.
This proposal requires no data collection or fieldwork, and is virtually entirely theory based. By minimising the extraneous fieldwork requirements, it allows this dissertation to focus mainly on the underlying theory and social policy behind policing, allowing for an adequate analysis of the benefits and consequences of increased police powers in the modern context.
In the UK domestic violence accounts for a quarter of all crime, despite these figures it is recorded that only 5 per cent of recorded cases of domestic violence end in conviction, less than 20 per cent of rapes and sexual assaults are reported to the police, and less than 6 per cent of rapes result in conviction. Wells points out as a comparison, the number of women that are in prison, and the seemingly trivial reasons for there incarceration.
Ben, Catriona, Amrit and Jenna all work for Styles For All Ltd.
Ben is an Orthodox Jew who currently works Mondays to Fridays. The company intends to introduce a shift system, and as a result he will have to work alternative Saturdays, which he does not feel able to do for religious reasons. His boss is not sympathetic. It is pointed out to Ben that everyone else has agreed to the changes, and if he does not like it he should leave.
Maria Haines has recently converted to the muslim faith and has now insisted on wearing the appropriate religious dress which requires Maria to wear clothing revealing only her eyes. Customers have refused to deal with her - Maria is the sole Receptionist as BIS and they have told her that they will have to terminate her contract.
This question concerns the enforcement of covenants affecting freehold land. In order to logically address the issues raised in this question, we will begin with a brief outline of the law relating to such covenants and then we will deal with each party/case individually.
The Financial Ombudsman Service ("FOS") is stated to be 'The official independent expert in settling complaints between consumers and businesses providing financial services.' It is a public body that was established by Parliament and is authorised to deal with a very broad range of complaints in areas ranging from banking and insurance, to loans, credit and hire purchase and savings and investments.
Discuss the difference between the way the law treats married and unmarried couples. Do you think there should be such differences legally? Does the law on cohabitation, marriage and divorce need reform?
When the Labour Government came to power 12 years ago workers had no right to minimum pay, no right to paid leave and the imbalance between work and family life meant that workers often had to choose one or the other at a cost to themselves and the economy''.We had a mandate and a mission to change that and we did. Pat McFadden MP, Minister for Employment Relations
This essay will consider the topic of how adequately intellectual property rights protect the position of the creator, with whom those rights may reside.
In order to answer this question one must first assess and consider the law relating to the implied duty of mutual trust and confidence in contracts of employment. This concept will need to be examined in accordance with case law and current working practices.
This paper will establish that Amanuel has an appropriate case for refugee status in the United Kingdom on the basis of a legitimate claim for political asylum. The analysis that shall provide the underpinning for this legal conclusion is developed upon the following framework – a summary of the salient facts extracted from the scenario as presented; a review of the applicable international, European Community and United Kingdom conventions, statutes, regulations and case law that govern such claims; a critique of the Home Office position that is provided as the UK government opposition to Amanuel’s claim; the consideration of any further circumstances not specifically noted in the scenario that are submitted as operative in similar applications.
In this scenario, Raj has allowed his sister-in-law, Joyce, to live in his property. The question is whether Joyce enjoys the rights of a tenant, or if she is actually a mere licensee. There is, in English property law, a crucial distinction between the tenant and the licensee; the former enjoying significantly greater and more secure rights than the latter. It is often not, however, a clear cut distinction. In the present case, the terms of the occupation agreement that the parties drew up will need to be considered.
'The codification of directors' duties was an unnecessary step. The enacted duties do not differ substantially enough from their equitable and common law counterparts to warrant placing them in statute, and the courts will still need to refer to pre-2006 case law when determining whether or not a breach of duty has occurred. Discuss.
In the UK, trademarks are filed and protected on a first-come first-served basis. In this case, therefore, the Canadian All Reds have registered a trademark in the UK and this will take priority over the attempt by Preston Rugby Union Club (PRU).
On 23 September 2009, the opening ceremony took place for State representative to sign the United Nations Convention on Contracts for the International Carriage of Goods by Sea (the Rotterdam Rules).
The sources of public international law have been articulated within Article 38(1) of the Statute of the International Court of Justice; United Nations Security Council resolutions are not included within this. The Namibia Opinion, despite its suggestion in para.126, cannot be considered an authority for the proposition that Security Council resolutions are binding on non-member States, particularly read within the context of the ICJ judgement as a whole. Nor does the judgement support the view that UN Security Council resolutions are a source of public international law.
With reference to the legal rules relating to offer and acceptance of a contract, advise the club whether it can claim the joining fee from Mary, Frank and Ali. Mary posted her application. She telephoned the club to confirm whether or not her application was accepted but was unable to get through to speak to anyone. In the meantime the committee took two months to confirm whether or not they would accept her application based on a character investigation. In accordance with the legal stipulations of offer and acceptance Mary is under no obligation to pay her joining fee for a number of reasons.
The 2007 criminal case of R Vs Niehus, criticism of a District Court Judge Marie Shaw by State Upper House Member of Parliament Dennis Hood. Is Judicial Independence jeopardised by State Members of Parliament who publicly criticise the sentencing handed by Criminal Court Judges? Judicial Independence is crucial to the operation of a democratic society, leaving little debate that an independent judiciary is the "fragile bastion" in our democratic system of government. Thus judges, when presiding over cases, are entirely free from any intrusion or intimidation executed by external forces.
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