All Categories of Degree Level Law

Question: Explain and assess the role of mediation in the legal resolution of family breakdown.

Answer: The process of divorce is often lengthy, sometimes expensive and usually (as a result of a fault-based divorce system) confrontational. Mediation, an optional part of this process, is designed to enable couples to obtain a divorce order under their own terms, hopefully with minimal anxiety. It is defined by the Government White Paper on divorce reform as a procedure ‘in which an impartial third ......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: ‘If the deciding issue is the welfare of potential children, then the decision to exclude lesbian couples is clearly discriminatory.’ Assess this claim.

Answer: The access of lesbian and single women to Assisted Reproductive technology (ART) such as In Vitro Fertilization (IVF) is an issue, which has generated much legal and ethical debate. The conservative anti homo-familial unit rhetoric has expressed that allowing homosexual couples access to such technologies, is the same as allowing the degeneration of the family. Although the concept of family is by......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: Weatherill suggests that “The frequently-observed British tendency to view European federalism as a centralising process may be corrected by a fuller understanding of the implications of the principle of subsidiarity” (Cases and Materials on EC Law, 2000, p. 606). Explain the link between subsidiarity and federalism. What view of federalism would be consistent with the principle of subsidiarity?

Answer: In 1992 Jacques Delors offered a prize to anyone who could define subsidiarity. This clearly shows the problems had by the EU, the ECJ, member states and all interested parties in trying to explain the role and effectiveness of the principle of subsidiarity. As de Búrca highlights, ‘it is of course apparent to any EC lawyer that not only are the limits of the Community’s conferred powers ......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: ‘There is a great fear in our law that recognising a remedial constructive trust will give rise to an indiscriminate or unjustified variation of existing property rights.’ Discuss.

Answer: The topic concerning remedial constructive trusts in the UK law is complex due to the fact that remedial constructive trusts are a remedy that is still at an embryonic stage of development with varying approaches taken by actual law dicta and also by law academics. Some agree with the use of remedial constructive trusts while other disagree, proved by the title quotation. On the other side of the ......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: Critically assess the effectiveness of the criminal law as a means of protecting the environment from pollution.

Answer: The main function of the criminal law, as a means of protecting the environment, is to reach impartial decisions based on the merits of each case. Environmental law is primarily concerned with human activity and the principal method which is used to regulate these activities is the Command and Control regulatory regime. In addition, each regulatory regime is supported, to a great extent, by cri......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: ‘The Woolf reforms have joined the long list of failed attempts to reform the civil justice system.’ Discuss.

Answer: Through criticism voiced by actors within the civil justice system, namely lawyers, judiciary, and litigants - it was apparent to many that effective and accessible civil justice was being compensated by an overabundance of adversarial tendencies. The civil justice system had become so unreliable and costly for the average citizen that it was in a state of crisis.......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: To what extent (if at all) is it true to say that the United Kingdom constitution is based on a separation of powers?

Answer: In addressing this question, it would be useful to explain just what the doctrine of the separation of powers consists of. The concept of the separation of powers goes back to the time of ancient Greece. However it only came to be considered as a real \'grand constitutional principle\' when the French theorist Montesquieu wrote \'L\'Esprit des Lois\' (The Spirit of the Laws). In this work, there w......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: ‘Trial by jury is an outdated, expensive and inefficient method by which to decide the guilt or innocence of those charged with criminal offences. It should be abolished for all criminal trials’. Assess the accuracy of this statement.

Answer: Trial by jury has been regarded as a paradigm of English criminal law, described as a bulwark against oppression, a safeguard of our liberties since the common sense of the ordinary person prevails when all else fails . The reality may be very different, there is scepticism about a clearly expensive jury system. The competence of jurors, the professional classes evading jury duty easily, and the n......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: Examine the controversy that surrounds the question of what judges are doing when they are deciding cases. 64%

Answer: If we accept the hypothesis, that judges do indeed make law through their decisions, we need to look closely at the judges themselves to decide whether they are capable of performing that function. Judges are not, in this country, elected, as are the other law-makers (the legislators). If judges had no law-making role, then the uncertainty over judicial decision making would not arise; it would no......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: The Reasonable Murderer. A Dissertation on the elements that constitute provocation as a defence to murder.

Answer: The classic definition of provocation was given in 1949 in the case of Duffy. Having been subjected to violence throughout her marriage, she was physically assaulted when she decided to leave her husband. Not being strong enough to fight back, she waited until her husband was asleep before stabbing him. When the judge was summing up for the jury he stated that: Provocation is some act, or series o......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

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