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AS and A Level: Sources of Law

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  • Marked by Teachers essays 23
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  1. Understanding Young People, Law and Order

    Using drugs, alcohol, computer games and powerless police work makes young people to commit more and more crimes. In nowadays, more and more young people use a lot of drugs. Narcotics changes their thinking and perceptivity. 1.1 Describe three factors that may contribute to the reasons why young people become involved in crime There are a lot of reasons why young people get involved in crime: Friends and belonging to a group - young people get involved in crime because they want to be leaders and to show their friends how big and Friends' influence and belonging to a group strongly influences a decision to commit crime.

    • Word count: 3350
  2. Law a2 notes

    Was what was done by D dishonest according to the ordinary standards of reasonable and honestly people? 2) Did realise that what he was doing was dishonest by those standards? Intention to permanently deprive (s.6) 3) "a person appropriating property belonging to another without meaning the other permanently to lose the thing itself nevertheless to be regarded as having the intention of permanently depriving the other of it if his intention is to treat as his own dispose of regardless of the other rights; and a borrowing or lending of it may amount to so treating it if, but only

    • Word count: 3227
  3. Critically evaluate the partial defence of Provocation.

    It was emphasized by the court of Appeal in R v Baille (1995) that these issues are to be decided by the jury. So the question of provocation should usually be left to the jury rather than the judge deciding that as a matter of law provocation did not exist. In that case the defendant had shot and killed a man who sold drugs to his three sons. He opposed their drug use and had been thrown into a rage when he heard that the drug dealer had put pressure on one of his sons to buy more drugs than his son wanted.

    • Word count: 3685
  4. AS LAW - Judicial Precedent

    Donaghue v Stephenson (1932) snail in a bottle case - negligence. As there are no past cases for the judge to base his decision on, he is likely to look at cases that are closest in principal and he may decide to use similar reasoning. This way of arriving at a judgement is known as 'reasoning by analogy' see handout 61. Binding Precedent. This is a precedent from an earlier case, which must be followed even if the judge in the later case does not agree with the legal reasoning.

    • Word count: 3064
  5. unit6 end of unit assignment civil litigation

    Jason Furlong in connection with catering work undertaken by him in connection with the marriage occasion of your daughter. We are further instructed that the total agreed cost of the catering came to �6,763. However, our client has not received any of the sum agreed. An Invoice for the balance of �6,763 was sent to you by our Client on the 27th August 2006 despite requests by him for, and promises by you of payment, it has not yet been settled by you. However, you may not be aware that the invoiced amount bears the interest of 8% per annum from the date thereof if not settled within 30 days of receipt.

    • Word count: 3596
  6. Free essay

    heirachy of civil courts

    The appeal routes are described in the sections below. Inferior Courts (a) County courts: established by the county courts act 1846 to operate the chief lower courts for the trial of civil disputes, the county courts deal with the vast majority of civil disputes. The county courts act 1984 governs most proceedings in the county courts, but this was amended by the high court and county court amendment order 1997. The judges who preside over the proceedings in county courts are circuit judges appointed by the crown on the advice of the Lord Chancellor, following selection by the judicial appointments commission.

    • Word count: 3429
  7. The Land Registration Act 2002 heralds major changes to the law and procedures regarding adverse possession

    Logically, we can argue that, how can one adversely possess land, which was not their to possess in the first place? Therefore, it is material to reform such regime urgently in order to protect the true owner from the force acquisition. It has been suggested that the Land Registration Act 2002 heralds major changes to the law and procedures regarding adverse possession. The enforcement of LRA 2002 few years ago significantly changed the law of adverse possession in respect of registered land (the unregistered remains unchanged), making it such harder for a squatter to acquire title.

    • Word count: 3222
  8. "Public policy has been slow to treat disability as a matter of equality, human rights and citizenship"

    "Treatment of the disabled, at the hands of the Public Policy." In contrast to these new attempts at equality, historically and to quite an extent recently disabled people have been viewed to be a burden, due to their impairments, either upon their families, upon charitable organisations and with the introduction of the Welfare State upon the government, and the working populations' taxes. Disabled people, in the not too far past, prior to the recent legislative interventions', have for far too long been expected to accept their exclusion from mainstream society, as being not only inevitable but without any means of alleviation.

    • Word count: 4911
  9. Law case study

    important to add is that the house of lords is the final court within the civil court system for most of the cases, but any civil case begins an the lowest of the court systems and that is the sheriff court where sheriff's deal with small claims of payments of debts up to �750, summary cause for payments of debts over �750 and ordinary cause for payments of debts over �1,500 and also divorce, and for cases relating to parental responsibilities and rights.

    • Word count: 3177
  10. "In form, the Human Rights Act (HRA) is compatible with parliamentary sovereignty. In practice, it will reduce such sovereignty to almost nothing." Discuss.

    But until 2000, when the HRA 1998 came into force, the ECHR's terms could only be enforced in respect of the United Kingdom by the European Court of Human Rights (ECtHR) in Strasbourg, and not by any UK domestic court. The potentially complex task of settling on a set of fundamental rights to be protected was circumvented by using most of the rights contained in those parts of the ECHR which the UK had ratified or was about to ratify (the 'Convention rights'), although some people hope that a wider range of rights will be included later (Feldman, 1999).

    • Word count: 3584

    Merchants and the general public readily accepted card money, which circulated freely at face value. "Given its acceptance as money, a significant proportion was not submitted for redemption and remained in circulation, allowing the government to increase its expenditures" (Powell 3). According to Shortt, in 1691, with yet another issue of card money, the Governor, Louis de Buade, Comte de Frontenac, acknowledged the useful role that card money played as a circulating medium of exchange in addition to being a financing tool. While the authorities in France worried about the risk of counterfeiting and a loss of budgetary control, the colonial authorities successfully argued that the cards served as money in Canada just as coin did in France.

    • Word count: 3727
  12. Outline many of the basic elements of law that relate to business and marketing.

    website. The main issues and concerns within this article relate to scams and crimes involving fraud. In a recent development, 18 agencies from all across Australia and New Zealand united with the shared goal of beating scams and warning/protecting consumers from scam-artists. The article stresses that in order to beat scams consumers must constantly be alert and assertive in relation to possible scams. According to Executive Director of ASIC Consumer Protection, Mr Greg Tanzer, "Crimes involving fraud cost Australians millions of dollars each year. The best protection against scammers is to hit the delete key, hang up, or throw it in the bin.

    • Word count: 3776
  13. It could be argued that the employment tribunal system is a breach of Article 6, which is demonstrated in Smith v Secretary for Trade and Industry3 and in Scanfuture UK ltd v Secretary for State for Trade4 which led to the procedures

    State for Trade4 which led to the procedures which were previously in place since 1999 for the appointment of lay members to be changed, it was held by Employment Appeal Tribunal that previous procedures breached Article 6 of the Convention. The proceedings must conclude after 7years of this will amount to a breach of Article 6 through delay factor. Although each case in assessed individually in the light of the circumstances concerning the length of the proceedings. It must be noted that Article 6 does not protect against internal disciplinary proceedings.

    • Word count: 3696
  14. Can the Islamic approach to Human Rights be compatible withthe current International Human Rights Doctrine?

    In this sense, hence, people can construct any assumption that human rights are universal regardless to not only border of the nations physically but also to culture or any thought inclusively in whatsoever society. And even they may overcome, in common conditions, the moral, legal, and political claims. In addition, human rights seem to exist since people recognise their existence in this earth as the human being who has to be treated as human person. The General Assembly of the United Nations has established the Universal Declaration of Human Rights in 1948, as a common standard of achievement for all

    • Word count: 3383
  15. From your studies how far do you agree that Britain has been a tolerant nation? Everybody will interpret a situation in the past according to their own particular view or experience

    Some English Jews disapproved of the newcomers; others helped them on their arrival. The immigrants settled in big cities especially London. Many other English people blamed the Jews for adding to overcrowding and competition for work. Jewish immigrants headed for the large cities of London, Leeds and Manchester. This is since in these cities there was the greatest opportunity for work. In addition, these cities had well established Jewish communities. In particular the Jewish immigrants became concentrated in the areas of Whitechapel in London, Strangeways in Manchester and Leyland in Leeds. By the beginning of the twentieth century these areas had become rundown.

    • Word count: 3687
  16. How has the European Court of Human Rights contributed to the protection of children's rights under the auspices of the European Convention on Human Rights 1951

    However, disproportionate burden on authorities should not be imposed, where saving one child's life disregards others' needs5. A welcome development of child's right to life was holding a state obliged to inform potential victim of risk to his health from state action6. In Isiltan v. Turkey7, a state obligation to have regulations in hospital was implied to protect a sick child. The real uncertainty in the Court is with unborn children cases. Paton v. UK8 sadly failed to decide whether unborn child has right to life at all or at least with limitations, while abortion of foetus within 10 weeks of pregnancy did not infringe Art.

    • Word count: 7678
  17. As a way for the English government to ensure that it attempted to certify UK nationals of their fundamental rights, the Human Rights Act was put into force on the 2nd of October of 2000

    Controversially, later on, the HRA was enacted and in order for government to protect its powers, it did not conceive much control for the Act in question to strike down primarily legislation. Supremacy of Parliament was kept due to the fear "that the Act would transfer too much power from an elected Parliament to the judiciary."3 Even though in relation to how Dicey expected that Parliament acted in order not to abuse power in the country, acting reasonably, it still has the power to repeal the HRA which constitutes the basic assurance of human rights in UK.

    • Word count: 3021
  18. Unmarried fathers and their children - has the law got it right?

    Y and Z v United Kingdom.5 However, it was recognised in Keegan v Ireland, that the notion of the family was not confined solely to a marriage - based relationship. Where the parties were living together out side of marriage, it would constitute as a parent child relationship. The Children Act 1989 is based upon the belief that children are generally best looked after within the family unit, with both parents playing a full role and without resorting to legal proceedings.

    • Word count: 4068
  19. Outcome (3): Analyse the provisions relating to the police powers of arrest, search, seizure, and detention. Comment upon the continuing debate as to whether these powers are excessive or insufficient to allow the police to carry out their work efficientl

    Codes of practices are also key elements of the framework of legislature providing the police with powers they need to combat crime. PACE came into force in January 1986; it was one of the first pieces of legislation that delineated the powers that the police service had. Not only does PACE set out he powers of the police it also balances these powers with the rights and freedom of the public. Before this act was established the powers of the police force were very ambiguous.

    • Word count: 5243
  20. Assess theeffectiveness of the Law in Achieving Justice for Indigenous People.

    They extracted only what was necessary and provided the land with enough time to regenerate. The Indigenous Australians worked to maintain the fragility of the environment, following the traditional belief that they were the guardians of the land who were to maintain and preserve it for future generations. Aboriginals also had their own system of law based on customs and beliefs, which worked like any other in resolving disputes, acknowledging family and other relationships and protecting traditions and beliefs. However, their laws were not documented in writing but rather passed down orally from elders to children, as well as communicated through art.

    • Word count: 3586
  21. The right to a fair trial is one of the key points established within the human rights act 1998.

    Following on from this the Anti-Terrorism, Crime and Security Act (ATCSA) 2001 was passed in the immediate aftermath of the September 11 attacks. It built and expanded on the Terrorism Act. The first thing the terrorism act did was to define what a terrorist was. In the 1998 Consultation Paper3, the Government considered the definition of terrorism under the Prevention of Terrorism Act (PTA) section 20 to be excessively narrow.4 Lord Lloyd believed that the definition was both too wide and too narrow: too wide in that it could cover the use of trivial violence which can and, he suggests should, be dealt with under the ordinary criminal law, and too narrow because it may not cover adequately the activities of religiously inspired terrorist groups.

    • Word count: 3995
  22. To what extent do you think these aims have been (or will be) facilitated by the systems of land registration under the Land Charges Act 1925, the Land Registration Act 1925 and under the reforms set out in the Land Registration Act 2002.

    It was because of this complicated process that the 1925 property legislation acts were passed through parliament to take effect as of the 1 January 1926, their aim to simplify the transfer of title without the previous nuisances; so that an estate or interest in land could be transferred as easily as personal property. Before 1926, different estates could exist at law, and through the 1925 legislation, the numbers of legal estates were reduced to two6, all other estates in land now can only exist in equity.

    • Word count: 3963
  23. Torts project - Payment of Compensation in Hit and Run Motor Accident.

    It was in that year that the legislature amended the Motor Vehicles Act, 1939 by inserting several new sections. Over the years, many more amendments followed and in 1988, a new Motor Vehicles Act replaced the old one. This book studies various new rights created by the Motor Vehicles Act, 1988 for claiming compensation in case of any death or bodily injury caused in an accident arising out of the use of a motor vehicle. Over the years, the judiciary has not only been called upon from time to time to interpret these statutory provisions and apply them to different facts and situations, but also to lay down the legal principles for assessing compensation.

    • Word count: 4376
  24. Legislations and regulations in sport

    The employer's responsibility to the employee might include a duty to provide safe plant and machinery and safe premises, a safe system of work and competent trained and supervised staff. Certain groups of employees may require more care and supervision than others, for example disabled workers, pregnant workers, illiterate workers etc. The employer must consult either directly with their employees or through an elected representative on health and safety matters. If there is a recognised union with an appointed safety representative they must consult with them and allow them time off for training in health and safety issues.

    • Word count: 3843
  25. A number of views have been expressed that 'marriage' between two heterosexual couples is not the same as a 'homosexual liaison'.

    Under national legislation the court grants a succession right to the person who lived together as 'husband and wife', but the Court of Appeal interpreted this phrase as meaning 'unmarried different sex partner'. The Commission concluded that the applicant did not have a 'family life' with her deceased partner. The appellant's strongest argument was that she had suffered discrimination in relation to her 'home', in contradiction of Articles 8 and 14 'for no other reason that she was of the wrong sex'.

    • Word count: 4714

Conclusion analysis

Good conclusions usually refer back to the question or title and address it directly - for example by using key words from the title.
How well do you think these conclusions address the title or question? Answering these questions should help you find out.

  1. Do they use key words from the title or question?
  2. Do they answer the question directly?
  3. Can you work out the question or title just by reading the conclusion?
  • Assess the impact of the European Convention on Human Rights on UK law.

    "In conclusion, the lack of a Bill of Rights, as discussed above, leaves British citizens in a very uncomfortable position. By incorporating the European Convention on Human Rights into domestic law through the Human Rights Act and not entrenching the Convention with a proper Bill of Rights, has enabled the executive to maintain the concept of parliamentary sovereignty. By doing so the executive has provided itself with several 'get-out-clauses' so that citizens rights may not be properly protected as the executive can itself remove certain rights as it sees fit. A good example of this is the situation at present where the government wishes to remove suspected terrorists right not to be detained without a fair trial. By entrenching the Convention UK citizens would have their rights protected and only through special procedures could parliament change such rights. Until this happens I do not believe that there will be a satisfactory situation within the UK, with regard to civil liberties. This essay comprehensively covers the factual areas of the implementation of the European Convention on Human Rights and also covers various opinions regarding the possible impact of the implementation of the European Convention on Human Rights on UK law and UK citizens."

  • "While an unwritten constitution has the merit of flexibility, this flexibility is purchased at the expense of individual rights." - Discuss

    "In conclusion, while it may be argued that many of the traditional means of curbing government power and parliamentary sovereignty may seem ineffective in a flexible form of constitution like the UK, the Human Rights Act and the EC Act will likely constitute a new and powerful guarantee against an oppressive form of government where flexibility is "purchased" at the expense of individual rights. The objects to the un-entrenched British Constitution will however be practically evident only with a new constitution."

  • To what extent was a modern welfare state created by the liberals in 1906-14?

    "In conclusion, I would say that they did not create the modern welfare state, but instead, laid strong foundations for it. It I clear, however, that without the changes that were made by these Liberals, a welfare state might never have been created. This leads me to the deduction that the Liberals partially helped to create the modern welfare state. The most important step in my opinion was stage number four. I think this, as it was the first point where the Liberals invented something completely new and different. Although step five may have been seen as more radical and may have led to more changes it would have never arisen without stage four. History Vicky Maberley LVI 27th January 2003 page 1"

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