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University Degree: English Legal System

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  • Marked by Teachers essays 2
  1. Marked by a teacher

    "There is one right answer for every legal question". Discuss.

    4 star(s)

    It is positivists' proposition, that in doing so the judge is creating either a new law or he is adding to an old law. It goes without saying that such discretion may result in having more than one right answer to every legal question. H.L.A. Hart is one of the strongest supporters of positivism and for this reason his views were targeted by Dworkin so as , through them, to attack legal positivism and put forward his own ideas. He said, to use his own words: "I want to make a general attack on positivism, and I shall use H.L.A

    • Word count: 2753

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?
  • Discuss the possible alternatives to trial by jury

    "To conclude it is difficult to see how effective jury trials really are in the respect to the secrecy of the jury room. Section eight of the Contempt of Court Act 1981 could be amended to allow research into how juries work so that possible reforms could be made. There are many disadvantages of using juries but there remains the feeling that they are still the best method available and no other suitable alternatives have arisen."

  • "British company law has failed, to come to grips with the problems posed by purely groups of companies, Adams v Cape Industries shows the dark side of this failure" - Explain and discuss this statement.

    "In conclusion, it is my contention that whilst statutory attempts have been made to circumvent the problems posed by purely groups of companies, the restriction placed upon these provisions by the common law has rendered them highly unsatisfactory. The case of Adams v Cape Industries is demonstrative of the judiciary's unwillingness, in the absence of unambiguous statutory provisions to contrary, to depart from the notion of a 'distinct legal personality',. Whilst an adherence to the Salomon principle may be desirable both as a matter of legal certainty and economic efficiency, the need for further, unequivocal, statutory reform has become self-evident. The proposals of the Steering Group offer little hope of the desired reform emmenating any time within the near future. 1 Financial Times, Monday December 1 2003 2 [1897] AC 22 As per dictum of Lord MacNaghten Pg. 51 3 Fletcher, R. Lifting the Veil of Incorporation (2001)"

  • Critically discuss by reference to the administration of the criminal law in respect of Australian Aboriginal Peoples.

    "In conclusion, two aspects of the administration of the criminal law in respect of Australian Aboriginal peoples are explored, the judicial recognition of Aboriginal customary law as well as the mandatory sentencing policy. There are arguments both for and against the judicial recognition of Aboriginal customary law and the mandatory sentencing policy. Discussions on these two topics include both the its beneficiaries and criticisms. A varied cases and judgments as well as statistics provide facts and foundation to illustration. In examining two aspects of the administration of the criminal law in respect of Australian Aboriginal peoples only allow exploration on part of its overall framework. This issue is an important one that largely influences the development in Australian criminal law administration."

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