All Categories of Degree Level Law

Question: Skills III – Client Interviewing, Video Critique.

Answer: Before the interview proper begins, it is important that the client is welcomed and made to feel comfortable. In this instance, the lawyer did meet the client at the door and he greeted her by name. He was friendly and offered the client a seat, however he failed to introduce himself or state his position within the firm. Although the lawyer gave his business card at the end of the interview, it......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: To what extent and for what reasons would you agree with Goldstein, Freud and Solnit’s view that: ‘... to acknowledge that some parents, whether biological, adoptive or long-time foster may threaten the well-being of their children is not to suggest that state legislatures, courts, or administrative agencies can always offer such children something better and compensate them for what they have missed in their own home. By its intrusion the State may make a bad situation worse, indeed, it may turn a tolerable or even good situation into a bad one.’ (Before the Best Interests of the Child, 1990)

Answer: The extent to which the state can and should intervene into the workings of the family and particularly the nature of parenting and care children receive has been the focus of debate for some considerable time. For some, the right of parents to bring up their children as they see fit free from state interference represents a fundamental principle, whilst for others the well being and protection o......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: European Union Law - Critically assess the meaning of the phrase, ‘an abuse of a dominant position’?

Answer: The term, ‘an abuse of a dominant position’ refers to the situation in which a business in a powerful position within a particular market acts in an anti-competitive manner. Dominance in European law does necessarily mean that a business need have a monopoly, merely that it is able to act independently within the market – often with detrimental effects upon competitors and consumers. Th......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: ‘If the separation of powers was a reality in the British constitution, governmental and judicial arrangements would require major modification.’ Discuss.

Answer: The doctrine of Separation of Powers is fundamental to the constitution of most modern states. This doctrine states that, in order to prevent despotism or absolutism, power should not be concentrated in any one body or person. This doctrine is consistent with a constitutional arrangement which allows for three discrete bodies, with rigid separation of functions and personnel. Whilst the fact t......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: 1st Year – European Law - Critically assess the idea that, ‘The European Court of justice is unlike any English court’.

Answer: The European Court of Justice is the highest court in the European Union in matters of European Union law. Its role is to interpret EU law and ensure its equal application across all EU member states. It was established in 1952 by the Treaty of Paris (1952). With respect to English courts, it’s membership, rules and membership is mainly founded upon distinctly European traditions.......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: THE LAW OF TORTS - It is often claimed that the fear of malpractice litigation leads to defensive medicine. Although this is a common complaint, it is not quite clear what defensive medicine actually is. Fear of litigation can lead to some good practices: better record keeping, politeness in dealing with patients, clearer communication, and double checking. On the other hand there is concern that doctors are over-cautious. - What do you think? Answer the question referring to the development of tort law in the area of medical negligence.

Answer: In Tort law a patient may be entitled to redress if they have been injured by a Health Care professional as a result of medical negligence. To successfully prove a case the claimant must prove that: a)The claimant was owed a duty of care; b)the duty of care was breached and c)the breach caused the claimant harm. The fear of malpractice litigation which, in 2006/2007 cost the NHS Litigation Autho......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: To what extent do you think that the law of defamation represents an un- warranted restriction on freedom of speech, particularly in the area of political comment?

Answer: In seeking to assess whether or not the law of defamation represents an un- warranted restriction on freedom of speech, it is sensible to first define what defamation is, the scope of its use and existing defences in law.......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: ‘Although many manufacturers feared the introduction of the Consumer Protection Act 1987, they are in a no worse position since the Act than before.’ Critically discuss the above statement, paying particular attention to recent case law.

Answer: Part 1 of the Consumer Protection Act 1987 was introduced into English law to implement the EC Directive 85/754/EEC relating to product liability. The main provision of the Act is to be found in s 2(l), which states that where any damage is caused wholly or partly by a defect in a product, the persons detailed in s 2(2) shall be liable for the damage.......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: ‘Two causes may both be necessary preconditions of a particular result . . . yet the one may, if the facts justify that conclusion, be treated as the real, substantial, direct or effective cause and the other dismissed . . . and ignored for the purposes of legal liability…’ Does this statement accurately reflect the law and, if so, does it allow a judge to choose any previous act as the real cause of the claimant’s damage?

Answer: The ‘but for’ test is often employed by the courts in deciding whether a particular act was the cause of a claimant’s injury.......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: ‘Street v Mountford creates a rule that the acid test for the existence of a tenancy is the presence of a grant of exclusive possession for a definite period of time, possibly but not necessarily involving rent.’ Discuss.

Answer: A lease is properly regarded as a proprietary right, an interest in land capable of binding third parties. Moreover, despite some suggestions to the contrary (for example, Errington v Errington and Woods (1952)), a licence is a personal right, usually arising out of contract, which as a matter of principle is not capable of binding third parties under property law principles.......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

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