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Question: ‘The current law of duress and undue influence is so unclear that it creates chaos rather than uncertainty in the law.’ Discuss.

Answer: The area of law concerning defective contracts tainted by duress or undue influence has been created in order to protect those people...


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  • Subject: Law
  • Course: Jurisprudence
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: 66%
  • Words: 2227
  • Date submitted: February 10, 2009
  • Date written: Not available
  • References: No
  • Document type: Essay*
  • Essay ID: 703

Question: Critically analyse the extent to which the right to respect for a private life provides protection for a transsexual’s ability to gain legal recognition for a change of gender.

Answer: The right to respect for a private life is contained within Article 8 of the European Convention of Human Rights (“ECHR”), now...


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  • Subject: Law
  • Course: Human Rights Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: 66%
  • Words: 4926
  • Date submitted: February 06, 2009
  • Date written: December, 2002
  • References: Yes
  • Document type: Essay*
  • Essay ID: 674

Question: ‘Freedom of expression constitutes one of the essential foundations of a [democratic] society, one of the basic conditions for its progress and for the development of every man. Subject to paragraph 2 of Article 10, it is applicable not only to 'information' or 'ideas' that are favourably received or regarded as inoffensive, but also to those that offend, shock or disturb the state or any sector of the population. Such are the demands of that pluralism, tolerance and broadmindedness without which there is no democratic society.’
Assess the accuracy of this statement.

Answer: The right to freedom of expression is probably the most universally accepted human right.(2) Certainly, it has been the subject of considerable...


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  • Subject: Law
  • Course: Human Rights Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: 66%
  • Words: 3289
  • Date submitted: February 06, 2009
  • Date written: November, 1997
  • References: Yes
  • Document type: Essay*
  • Essay ID: 663

Question: Should Fiscal and Trusts Law Privileges be separated?

Answer: ‘It has been contended on a number of recent occasions that the linking of fiscal and trusts law privileges to the same...


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  • Subject: Law
  • Course: Equity and Trust Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: 66%
  • Words: 2368
  • Date submitted: February 05, 2009
  • Date written: Not available
  • References: No
  • Document type: Essay*
  • Essay ID: 629

Question: Explain the role and functions of both the magistrate’s court and the Crown Court.

Answer: The Criminal Justice System in England and Wales is a complex system of departments working together to deliver justice. It is comprised...


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  • Subject: Law
  • Course: English Legal System
  • Level: Degree
  • Year: 1st
  • Mark: 66%
  • Words: 1731
  • Date submitted: February 04, 2009
  • Date written: February, 2003
  • References: Yes
  • Document type: Essay*
  • Essay ID: 601

Question: ‘The role of the judge is to declare what the law is, and not make it.’ Discuss this statement with reference to the theory and practice of both statutory interpretation and the doctrine of precedent.

Answer: The judge’s role is to interpret and declare the law from Acts of Parliament. The eighteenth - century legal commentator William Blackstone...


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  • Subject: Law
  • Course: English Legal System
  • Level: Degree
  • Year: 1st
  • Mark: 66%
  • Words: 2652
  • Date submitted: February 04, 2009
  • Date written: Not available
  • References: No
  • Document type: Essay*
  • Essay ID: 598

Question: Critically examine one aspect of the reforms of the Criminal Justice System suggested in the government White paper ‘Justice for all.’

Answer: This White Paper follows the review of the Criminal Justice System by Lord Justice Sir Robin Auld's (hereafter L.J.Auld), which considered practices...


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  • Subject: Law
  • Course: English Legal System
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: 66%
  • Words: 2500
  • Date submitted: February 04, 2009
  • Date written: February, 2003
  • References: Yes
  • Document type: Essay*
  • Essay ID: 590

Question: To what extent might the constitution of the United Kingdom be improved if provisions from the constitutions of other states were incorporated into it?

Answer: All modern states have a constitution, albeit each is very different. The main purpose of a constitution is to restrain government, in...


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  • Subject: Law
  • Course: English Legal System
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: 66%
  • Words: 2803
  • Date submitted: February 03, 2009
  • Date written: November, 1999
  • References: Yes
  • Document type: Essay*
  • Essay ID: 584

Question: ‘The decisions in Brown, Wilson, and Emmett show that, in criminal law at least, the principles of precedent and statutory interpretation do little to stop the higher judiciary developing the law as they wish.’
Assess the accuracy if this statement.

Answer: The principle of precedent within law refers to a case ‘decided on the basis of an earlier case’[1]. Although a power held...


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  • Subject: Law
  • Course: Criminal Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: 66%
  • Words: 2042
  • Date submitted: February 03, 2009
  • Date written: Not available
  • References: No
  • Document type: Essay*
  • Essay ID: 542

Question: Actus non facit reum, nisi mens rea (an act does not make a person legally liable unless the mind is legally blameworthy).

Explain the meaning and importance of this maxim by reference to decided cases.

Answer: Actus non facit reum, nisi mens rea is the maxim that constitutes the basis for defining the two elements that must be...


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  • Subject: Law
  • Course: Criminal Law
  • Level: Degree
  • Year: 1st
  • Mark: 66%
  • Words: 1595
  • Date submitted: February 02, 2009
  • Date written: Not available
  • References: No
  • Document type: Essay*
  • Essay ID: 536

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