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Question: The general rule is that criminal law does not allow persons to consent to infliction of actual bodily harm without good reason, except in a collection of judicially recognized exceptions.

With particular reference to case law critically identify and discuss

a) these judicially recognized exceptions. In particular consider whether these exceptions can be justified.

AND

b) The underlying criminal law theories governing criminal liability where appropriate in your discussion in a)

Answer: The foundation of the criminal law is the concept of responsibility and here it finds expression in the freedom of people to...


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  • Subject: Law
  • Course: Criminal Law
  • Level: Degree
  • Year: 1st
  • Mark: Not available
  • Words: 4704
  • Date submitted: October 20, 2016
  • Date written: December, 2015
  • References: Yes
  • Document type: Essay*
  • Essay ID: 7620

Question: Explore and compare the role of case law in both Common Law and Civil Law jurisdiction.

1. Introduction
II. The Common Law and Civil Law legal tradition; Contextual understanding
IV. Case Law in Common Law; Stare Decisis & Persuasive precedent
V. Case Law in Civil law tradition; Jurisprudence Constante
VI. A comparison
VII. Mixed law system & International courts.
VIII. Conclusion

Answer: 1. Introduction This essay will explore and compare the role of case law in both Common Law and Civil Law jurisdiction. The...


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  • Subject: Law
  • Course: Common Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: Not available
  • Words: 2985
  • Date submitted: October 11, 2016
  • Date written: December, 2012
  • References: Yes
  • Document type: Essay*
  • Essay ID: 7600

Question: The general rule is that criminal law does not allow persons to consent to infliction of actual bodily harm without good reason, except in a collection of judicially recognized exceptions.

With particular reference to case law critically identify and discuss
a) these judicially recognized exceptions. In particular consider whether these exceptions can be justified.

AND

b) The underlying criminal law theories governing criminal liability where appropriate in your discussion in a)

Brickfields Asia College, Sept 2015, Year 1, Criminal Law

Answer: (a) Consent To prove a crime, actus reus1 and mens rea2 must be satisfied. However, when the victim consents to the wrongful...


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  • Subject: Law
  • Course: Criminal Law
  • Level: Degree
  • Year: 1st
  • Mark: Not available
  • Words: 3012
  • Date submitted: October 06, 2016
  • Date written: September, 2015
  • References: Yes
  • Document type: Essay*
  • Essay ID: 7581

Question: “When there is a gap in Common Law, equity will step in to remedy, likewise when there is a gap in the British Constitution, Constitutional Conventions will step in to remedy”

Explain the history and functions of the British Constitution together with its interrelation with Constitutional Conventions.

Brickfields Asia College, Sept 2015, Year 1, Public Law

Answer: What is a constitution? A constitution is the set of laws, rules and practices that create the basic institutions of the state,...


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  • Subject: Law
  • Course: Public Law
  • Level: Degree
  • Year: 1st
  • Mark: Not available
  • Words: 3009
  • Date submitted: October 06, 2016
  • Date written: September, 2015
  • References: Yes
  • Document type: Essay*
  • Essay ID: 7580

Question: To what extent does the introduction of ‘Closed Material Procedure’ in civil justice through the introduction of the Justice and Security Act 2013 affect the principle of natural justice, especially the principle of open justice?

Brickfields Asia College, Sept 2015, Year 1, Common Law Reasoning

Answer: The Bill was published as Justice and Security Green Paper1 on October 2011. This was motivated by the case of former Guantánamo...


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  • Subject: Law
  • Course: Common Law
  • Level: Degree
  • Year: 1st
  • Mark: Not available
  • Words: 3083
  • Date submitted: October 06, 2016
  • Date written: September, 2015
  • References: Yes
  • Document type: Essay*
  • Essay ID: 7579

Question: 'Survival inside the belly of the Muldarbi compels Nungas to go before the state’s native title processes where native title applicants are required to prove the extent to which their nativeness has survived genocide.' Irene Watson, 'Buried Alive' (2000) Law and Critique 263.1

Discuss in relation to the legal formula for native title set out in Mabo (No 2) (1992).

Answer: Introduction Since colonial times, land ownership legislation in Australia has been a sensitive issue. The statutes governing land, especially that belonging to...


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  • Subject: Law
  • Course: Property Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: Not available
  • Words: 4391
  • Date submitted: July 15, 2016
  • Date written: November, 2015
  • References: Yes
  • Document type: Essay*
  • Essay ID: 7486

Question: A COMPARATIVE ANALYSIS OF EUROPEAN NATIONAL PRINCIPLES ON THE TERMINATION OF CONTRACT

TABLE OF CONTENTS
INTRODUCTION 2
DISCUSSION 2
ENGLISH COMMON LAW SYSTEM 2
FRENCH CIVIL LAW SYSTEM 5
ITALIAN CIVIL LAW SYSTEM 7
GERMAN CIVIL LAW SYSTEM 9
COMPARATIVE REMARKS 10
CONCLUSION 11
BIBLIOGRAPHY 12

Answer: Introduction The ease and mode of termination is an essential guideline that directly influences legal strategies undertaken so that justice can be...


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  • Subject: Law
  • Course: Contract Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: Not available
  • Words: 4820
  • Date submitted: July 15, 2016
  • Date written: November, 2015
  • References: Yes
  • Document type: Essay*
  • Essay ID: 7485

Question: ‘All those who suffer insane and non-insane automatism are considered insane. They are all considered insane.’ Discuss.

Answer: This question seeks for the present candidate to critically analyse the differences between the defence of automatism and insanity and also to...


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  • Subject: Law
  • Course: Criminal Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: Not available
  • Words: 1446
  • Date submitted: June 24, 2016
  • Date written: Not available
  • References: No
  • Document type: Essay*
  • Essay ID: 7467

Question: Critically assess the position taken in the English Criminal Law in respect of consent to:
(i) the deliberate infliction of harm.
(ii) participation in activities carrying a risk of serious injury/harm.

Answer: As seen in the case of R v Brown, the general rule is that consent is no defence to assault or battery...


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  • Subject: Law
  • Course: Criminal Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: Not available
  • Words: 1972
  • Date submitted: June 24, 2016
  • Date written: Not available
  • References: No
  • Document type: Essay*
  • Essay ID: 7466

Question: Common Law question:
"The newly elected Tory government is in the opinion that the Human Rights Act 1998 (HRA 1998) had allowed the judiciary to undermine the Parliament and plans to replace it with the British Bill of Rights."

Critically analyse the impact of the HRA 1998 on the Parliament, executive and judiciary, and discuss the consequences of its repeal in the absence of the British Bill of Rights."

Answer: The given statement suggest that Human Rights Act 1998 (HRA 1998) gave so much of power to Judiciary that somewhat the power...


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  • Subject: Law
  • Course: Common Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: Not available
  • Words: 2435
  • Date submitted: June 22, 2016
  • Date written: March, 2016
  • References: Yes
  • Document type: Essay*
  • Essay ID: 7457

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