All Categories of Degree Level Law

Question: Discuss critically the concept of significant harm as provided for and defined in Section 31 Children Act 1989.

Answer: The notion of significant harm is central to the legal and statutory child protection system in this country and forms part of the threshold criteria to be reached before the state in the guise of the local authority or the court should intervene into the private workings of family life. Under Section 31 (2) of the Children Act 1989 before making a care or supervision order, the court must be sat......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: What is the potential significance of A v UK? (European Convention on Human Rights Judgement 23 September 1998)

Answer: The Case of A v UK (European Convention on Human Rights Judgement 23 September 1998) involved a boy and an admission by his stepfather that he had hit him with a garden cane, in February of 1993. It was not disputed that the stepfather had actually hit A and a defence of reasonable punishment was used successfully and ultimately led to his acquittal. A complained that the English law had failed ......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: Set out the definitions of child, mother and father provided by English law and how different do you think they are from what the ordinary person on the Clapham Omnibus might think? (4 Marks)

Answer: The Children Act 1989 (Section 105) and the Family Reform Act 1969 define a child as someone under the age of eighteen years. The Children Act 1989 as well as other legislation also uses the word child to indicate a relationship with its parents as in the Mental Health Act 1983 and the Inheritance Provision for Family Dependants Act 1975, even though referring to someone who has attained the age ......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: 1st Year LLB European Union Law - Evaluate the methods of interpretation used by the European Court of Justice (ECJ).

Answer: In matters of European Union (EU) Law the European Court of Justice (ECJ) is the supreme court. There are no appeals permitted against it’s judgements. It’s role is to interpret EU law and ensure its equal application across all EU member states. This essay will evaluate the methods of interpretation used by the ECJ in fulfilment of it’s role. With respect to the preliminary ruling proced......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: ‘Any proposal for the reform of the composition of the House of Lords ought logically to begin by asking what it is we expect the House of Lords to do and to tailor composition to function.’ Discuss, giving an account of the existing forms of public business conducted by the House of Lords.

Answer: The upper house of the United Kingdom, its “revising and leisured legislature ”, is an unelected, democratically unaccountable institution. The origins of the House of Lords can be traced back to the eleventh century. The original purpose of having two chambers at Westminster was to allow for representation of different interests within the country. Until 1999 the composition of the Upper Hous......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: It is a general rule of law that damages are awarded to compensate the claimant, rather than to punish the defendant. Are there any situations in which a claimant could make a profit out of the damages awarded to him?

Answer: The principle governing the award of damages in tort, is as nearly as possible to put the claimant in the same position they would have been in if the tort had not been committed (Livingstone v Raywards Coal Co (1880)). In some cases, the claimant will have suffered a loss capable of mathematical calculation in monetary terms. Here there can be a precise mathematical calculation of the amount t......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: To what extent is it possible to define the circumstances in which an occupier of land may make a successful claim of adverse possession against the title holder?

Answer: Adverse possession, squatting or limitation of actions as it is variously called, embodies one of the most fundamental principles of English land law; namely that a person may only own an estate in the land, not the land itself.......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: “The function of the judiciary within the constitution of the United Kingdom is to ensure that justice is done so far as possible ….. to both the defendant and society in criminal trials…….” Assess the accuracy of this claim.

Answer: If miscarriages of justice occur, then not only is the defendant treated very unjustly, but also society (including the victims of crime) has not been accorded the gains in terms of safety, retribution and possible rehabilitation which should flow from an accurate conviction. The question requires us to examine the possible failings, which arise from the personnel by which justice is administered.......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: International use of force law has come under intense scrutiny in recent years. Critically discuss this body of international law and its current fitness for regulating its subject area, i.e. international uses of force.

Answer: In international law the use of force is generally prohibited. Its rules are commonly seen to be embodied by the UN Charter - the international treaty which binds all the states – in Article 2(4). Furthermore the Charter has been established in customary international law as was highlighted in Nicaragua and as such is regarded as jus cogens. The Article announces that all states must avoid thre......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: EMPLOYMENT LAW ASSIGNMENT 2 SITUATION You work as an associate legal adviser at the practice of Mancer and Sahdow. There are currently a number of files on your desk which require your urgent attention. File 1 Gillian Hitchen is 32 year old, a divorced mother with three young children. She has been working in the factory at Segar textiles for the last three years. To boost her Income, 6 months ago, she also took on casual work as a \"Singing telegram\" lady who does an exotic dance and sings a greeting at birthday parties and other celebrations. As Gillian is a rather attractive and very sociable lady, she earns good money doing this second job, and she regularly tells friends about the \"goings-on* at parties she attends. She is also well known at Segars for being a bit of a flirt, and she has had brief affairs with several male employees younger than herself. Last week, there was a leaving party for Tracy, one of Gillian\'s friends at Segar. This party was held in the company social club one evening after the day shift had finished working. At one point during the evening, Gillian was walking down the dark corridor towards the toilets, when she heard a voice behind her say \"Hi there, busty\", and two hands grabbed her bottom and squeezed hard. This turned out to be Terry Tudor, a not very handsome technician, whose advances Gillian had rejected a few days before Although this incident was not seen or heard by anyone else, Gillian now says that she found the experience deeply upsetting. She decided to go and see the Company personnel manager the next day to complain. However, he simply told Gillian not to be a silly girl and to just accept that under party conditions .people will get a bit frisky and over-familiar. Gillian is now seeking your advice. You need to write a letter to her, to explain The legal situation, indicating whether or not she has any basis for a claim against Segar textiles, and if so, what remedies are available to her. FILE 2 You have been invited to be a guest speaker at the next meeting of the local Law society. The topic will be the recently introduced Employment Equality (Religion or Belief) Regulations 2003 .The detail of your brief is as follows : Prepare brief notes for a presentation which will: i) Outline the steps which employers need to take in order to meet the requirements of these regulations ii) Explain how you would judge the effectiveness of these regulations, and the systems and procedures for their enforcement Note - in your notes, you should take account of the implications of these regulations for Human resources management and the need for employers to manage a diverse workforce in a positive sense File 3 Until two months ago, Jim Jones was a machine operator at Bogley Nuts and Bolts. He was employed there on regular repeating temporary contracts, each of which lasted three months. There was then a gap of approximately one month between contracts. In total, Jim has worked for Bogieys for two and a half years. One day, on arriving at work, Jim told his supervisor, Ken Keenan, that he had just won £10,000 on a scratch card, and that he would shortly be booking a great holiday for himself. At lunchtime, Jim was late back from his meal break. Ken noticed that Jim was laughing rather loudly, his speech was slurred, and he smelt strongly of beer. Ken quickly called two security staff, who escorted Jim to the office of Chris Wision, the Personnel Manager. Chris told Jim that coming to work under the influence of drink amounted to gross misconduct Therefore, he would have to be summarily dismissed, and he should leave the premises immediately It is now two months since Jim left BogSey s. and he has not yet received any pay in lieu of notice. You need to write a letter to Jim advising him on any possible claim(s) against the company in relation to his termination of employment and the lack of payment in lieu of notice. You also need to comment about any possible remedies available to Jim where particular claims can be established.

Answer: FILE 1 Dear: Ms Hitchen I am writing to you regarding your present situation. Below I will look at discrimination. Under current provisions, it is unlawful to discriminate against an employee or potential employee on the grounds of sex, race, disability, sexual orientation and religion or belief. There are three types of unlawful sex discrimination: 1. Direct 2. Indirect 3. Discriminatio......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

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