All Categories of Degree Level Law

Question: Is the difference between \'employee\', \'worker\' and \'self-employed\' persons made sufficiently clear in UK employment law?

Answer: The distinction between the notions of ‘employee’, ‘worker’ and ‘self-employed’ persons is not sufficiently clear in the UK employment law. This problem is due to: 1) lack of statutory guidance in differentiating those three terminologies; 2) judicial engineering through the common law and 3) the problems deriving from management practices. Despite this uncertainty, different legal imp......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: (a) Identify and explain THREE differences between undue influence and economic duress. (b) Read the report on Williams V Bayley (1866). If a case with the same facts came before a court today could the father successfully rely on economic duress rather than undue influence?

Answer: For a legally binding contract to exist, parties must have acted on their own free will for them to be bound by the terms of the agreement. However in a scenario where by one of the parties are forced to make the contract by threats or undue pressure there by stifling this principle, the victim should not be bound by the contract. Economic duress is a common law doctrine developed from the concep......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: Produce a reasoned argument in favour of changing or reforming any rule or doctrine which you have come across in the English law of contract. 71%

Answer: In its most basic form Consideration is, as defined by Lord Dunedin in Dunlop Pneumatic Tyre Co., Ltd. v. Selfridge & Co., Ltd.: \" An act or forbearance of the one party, or the promise thereof, (as) the price for which the promise of the other is bought, and the promise thus given for value is enforceable...” and is regarded as a single test of intention of the parties to be bound by the cont......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: Explain the concept of Parliamentary Sovereignty.

Answer: In the absence of a written constitution, the cornerstone of the United Kingdom constitution is the concept of parliamentary sovereignty. The classical definition of sovereignty, offered from a constitutional law rather than a jurisprudential perspective, is that of AV Dicey in “An Introduction to the Study of the Law of the Constitution” (1898). He had been critical of John Austin’s acc......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: 1st Year LLB European Union Law - Evaluate the methods of interpretation used by the European Court of Justice (ECJ).

Answer: In matters of European Union (EU) Law the European Court of Justice (ECJ) is the supreme court. There are no appeals permitted against it’s judgements. It’s role is to interpret EU law and ensure its equal application across all EU member states. This essay will evaluate the methods of interpretation used by the ECJ in fulfilment of it’s role. With respect to the preliminary ruling proced......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: Assess the constitutional impact of the decision of the House of Lords in the GCHQ case (Council of Civil Service Unions v Minister for the Civil Service (1985))

Answer: The case we are studying, commonly known as the GCHQ case, is a landmark case with regards to its constitutional impact. In summary, in January 1984, the government decided to ban its staff from being members of trade unions because of past industrial action that had occurred within the Government Communications Headquarters (GCHQ). The decision was carried out by authority of an Order in Co......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: The new Constitutional Reform and Governance Bill Part 2 states the constitutional convention which governs the arrangements for laying treaties before Parliament should be placed in statute. Discuss the implications of codifying conventions and royal prerogative powers.

Answer: Both conventions and royal prerogative powers are constitutional sources without a statutory basis. A convention is “a rule of behaviour accepted as obligatory by those concerned in the working of the constitution.” Prerogative powers comprise the powers of the Crown. In this case, codifying the two sources implies a removal of uncertainty and allows greater legitimacy. On the other hand,......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: Discuss whether today there are many legal, moral or political constraints on the power of the Westminster Parliament to pass the legislation it chooses, illustrating your answer with reference to relevant cases and statues.

Answer: Parliament has, under The English Constitution, the right to make or unmake any law whatever, and further that no person or body is recognised by The Law of England as having a right to override or set aside the legislation of Parliament. (Dicey) Parliament is the supreme law making body in the United Kingdom and has the absolute legal right to make any law it chooses and to amend or repel exist......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: English Legal Process Coursework - Assume that the Coroners and Justice Bill has been enacted in the form set out below and is in force. - A law student at the University of East Anglia, Brandon Fitzanglia, has been convicted of possessing prohibited images of children contrary to s.56 of the Coroners and Justice Act and has instituted an appeal to the Divisional Court of the Queen’s Bench Division by the case stated procedure. The case stated and the legislation are reproduced below. Information about the Simpsons can be found at http://en.wikipedia.org/wiki/The_Simpsons - The appellant, Brandon Fitzanglia, is a fictitious person. - Write the judgement of the Divisional Court in no more than 2000 words.

Answer: The question for the opinion of the High Court, on the stated facts is whether the defendant’s hard drive contained an image of a “child” as defined by s.59. In order to decide whether the case in question involves images of a “child” the statutory interpretation of the section must be looked at verbatim. In subsection (5) it is stated that the word “child” refers to any person ‘u......(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

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