All Categories of Degree Level Law

Question: Critically evaluate the advantages and disadvantages that flow from the use of tribunals as opposed to ordinary courts.

Answer: Tribunals are judicial assemblies, set up by various Acts of Parliament as an alternative to the court system, to rule on the operation of the particular schemes established under those Acts. If it is established by the state, they are generally described as \'administrative tribunals\', while \'domestic tribunals\' are by non state institutions such as professional and sporting association and tr......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: The principle of parliamentary sovereignty has been dramatically affected because of Britain’s membership of the EU. Discuss.

Answer: Some laws made in Europe are directly applicable in Britain and have to be applied by British courts. The most significant confirmation of this principle was the 1991 Factortame case when the European Court ruled that the 1988 Merchant Shipping Act was in breach of European law by preventing Spanish owned trawler companies from registering in Britain to take advantage of the British fishing quota......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: ‘Arguments that the British Prime Minister is an elective dictator are arrant nonsense. The Prime Minister is constrained by his or her cabinet colleagues, the will of Parliament and the decisions of the judiciary. The British Constitution rests on the separation of power and the operation of the rule of law. The Prime Minister operates firmly within the particular constitutional arrangement in place for the United Kingdom of Great Britain and Northern Ireland.’ Evaluate the above statement and consider the extent to which you think it is true.

Answer: As the head of the executive branch of government and chair of the cabinet, the Prime Minister is the most high profile politician in Britain and the questions surrounding the post’s status and power are central to an understanding of the British political system. As with other western democracies, the responsibilities and functions are in relation to a constitutional framework, which sets out......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: ‘The present judicial approach to the burden and standard of proof betrays a distinct bias within the criminal justice system in favour of criminals.’ Discuss.

Answer: Though William Blackstone may have said that it is better that ten guilty men go free than one innocent man be wrongly convicted, this must be balanced against the need for a criminal justice system that is effective at ensuring that the perpetrators of crimes are properly brought to justice. As such, there are a number of legal principles, borne both of common law and of statute, that attempt to ......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: How and why has the distribution of power altered within the European Community?

Answer: The dominant system of government in the member states of the European Community is the parliamentary system. This system generally entails a clear separation of powers. The executive forms policy and proposes laws, the legislature holds the executive to account and passes laws, and the judiciary applies and interprets laws. The system that has developed in the European Community is unique. It has......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: In English Law, sperm donors may be held to be ‘the real fathers’ of children born through artificial insemination. Is that an unproblematic assumption? Compare notions of what makes a ‘father’ from two or more societies known to you.

Answer: What it means to be a ‘father’ varies among different societies and cultures. Legal implications from this label of fatherhood arise in obligations towards children and rights of paternity. In Britain today, the mother and father of a child is generally perceived to be the parents because they had sexual intercourse and equally contributed to the biological make-up of the child –a principle ......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: Looking at the rules alone is inadequate. It assumes that judges actually do adjudicate in the way in which the rules say they should”. Discuss with reference to the ‘rules’ and examples of the operation of precedent and statutory interpretation.

Answer: The statement seems at first glance to offer a much generalised and often contested view of the separation of powers embodied in constitutional theory. That is to say that Parliament makes laws and the judiciary as slaves to the rules, should simply apply them to a particular case. This perhaps is what ‘ought’ to happen, according to the fundamental nature of rules and the impression that word......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: We do not accept as a matter of law that the court is entitled to lift the corporate veil as against a defendant company which is the member of a corporate group merely because the corporate structure has been used so as to ensure that the legal liability (if any) in respect of particular future activities of the group (and correspondingly the risk of enforcement of that liability) will fall on another member of the group rather than the defendant company. Whether or not this is desirable, the right to use a corporate structure in this manner is inherent in our corporate law’. Discuss.

Answer: Ever since the historic decision of Salomon v Salomon [1897] AC 22 the courts have struggled to give cognisance to existing economic realities within groups of companies whilst at the same time maintaining the sanctity of the separate legal entity. The case established the modern day concept that a company is a separate legal entity distinct from the personality of its directors, shareholders, or ......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: Explain how the doctrine of precedent operates and examine when judges are, or are not, bound to follow decisions in previous case.

Answer: I am concerned in this assignment to explain how different law courts judge a new case according to the case law or doctrine of precedent. I will explain this question in three sections. Firstly, I will introduce the different law counts in England. Secondly, I will explain what the precedent is. Finally, how the doctrine of precedent operates and examine when judge are, or are not, bound to follo......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: CONTRACT LAW – CASE STUDY (Misrepresentation)

Answer: When dealing with Misrepresentation we need to establish whether there are false statements of existing facts, which induce the contract. So, in advising Malcolm as to his remedies under a claim for Misrepresentation, an examination of the principles of Misrepresentation are necessary. The First step is to discover if what Lucy said in her advertisement was an untrue statement of fact, or simp......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 Next

New customer?

Registration is quick and easy



Welcome back