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University Degree: Miscellaneous

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  1. Harassment (bullying) is a major online issue and one which to date governments and the legal system have failed to fully address.

    With the growth in popularity of social networking websites such as Facebook and Myspace, and the habitual use of computers and the internet in schools, universities and workplaces, much in the way of human interaction takes place in the form of online communication. Bill Belsey defines cyber bullying as "the use of information and communication technologies to support deliberate, repeated and hostile behaviour by an individual or group, that is intended to harm others."1 Although 'traditional' playground bulling has been in existence for many years, cyber bullying has been raised as an important issue worldwide because of the frequency of young peoples' usage of digital technologies in order to communicate.

    • Word count: 1750
  2. THE RELATIONSHIP BETWEEN LAW & JUSTICE: A PHILOSOPHICAL PERSPECTIVE

    A principle of distributive justice specifies how rights, goods and well-being should be distributed among a class of people. The root idea according to Aristotle, is that of 'treating equals equally',9 and that the equality and inequality of status and entitlements between individuals is paramount.10 In direct contrast, when one looks at both civil and criminal corrective legal justice, the ideal of universal equality before the law is assumed.11 This concept of equality before the law is one of the fundamental notions that underpin the 'rule of law', and is one which is derived from the liberal insistence on the

    • Word count: 3467
  3. Private and Public Spheres. Should our autonomy be traded in for protection? And when does protection and interference by the criminal justice system start to compromise our own sense of autonomy? When it comes to the idea of sexual autonomy and state i

    When it comes to the idea of sexual autonomy and state interference, these lines are further blurred. In order to appease the public and allow for some interference into their sexual autonomy, it is crucial for the courts to have more regulated judicial rulings. It can therefore be argued that citizens would be less likely to disapprove of a ruling when there is a risk of grievous bodily harm against the victim.. However, rulings based strictly on moral grounds of certain activities should not be applied in this case because that would interfere too much with the autonomy of individuals.

    • Word count: 1917
  4. In this essay I have been asked to answer questions regarding the Sporting events (control of alcohol etc.) Act 1985

    while on a vehicle to which this section applies and (4): A person who is drunk on a vehicle to which this section applies. Both Brian and Harry are liable to prosecution; however they remain innocent until proven guilty in a court of law. Question 2 Sarah has chosen to bring a bottle of wine to a designated sporting event, in doing so she has committed numerous of offences each of which I have listed below. As Sarah had wine in her possession upon entering the horseshow she has committed an offence as listed in 2 - offences in connection with alcohol, containers etc.

    • Word count: 1093
  5. Legal Writing reflective essay. In this entry I needed to write a reflective essay on topic of Legal Drafting, which is one of the most important topics that lawyers must know

    Describing the approach and/or mode of study and learning for this aspect of the module; For studying this aspect of module I used the same approaches as I used before in previous topics, but also I used some new modes of studies. First of all I tried to find as many good relative sources as I could; I even registered on special lawyer's forum, where Russian speaking students of English universities share information and sources on special topics. It was new experience for me, but it helped me very much.

    • Word count: 1091
  6. 19th Century Literature and Jurisprudential Implications. Victorian Legislation on Wife-Beating and Anne Bronte's "The Tenant of Wildfell Hall".

    The novel is written in three volumes, the first depicting Helen as the elusive subdued secretive Mrs Graham written by a local man, Gilbert Markham. Volume II, is the diary of Helen Huntingdon, nee Graham, and proceeds to illustrate the build up to, and resultant marriage to Arthur Huntingdon, with Volume III illustrating the aftermath of the revelation. The novel subtly reverberates around the three misgivings of law during the Victorian period. It references three particular and necessarily closely related issues, the capacity of the married women to acquire estate, the case for reforming divorce law, and the need to amend the child custody provision3.

    • Word count: 3389
  7. Essay plan for : Critically analyse the extent to which modern theories of rights, which are increasingly being applied to rights beyond the merely human, represent a new paradigm or are simply the application of old ideas the new si

    who was of the view that the most important thing was the power of reasoning, he said that only humans can reason so they are the most important beings; Descartes thought that animals cannot feel pain he felt they are mere automatons and so they should not have rights , and Kant who believed that animals are not conscious and may therefore be used as a means to an end, as a way of getting something.

    • Word count: 719
  8. Roman Law- Contract Law. Gaius is discussing the contract re, mutuum, the loan of fungibles whereby the obligation arises not from agreement alone and created an obligation in kind so that debtor had to restore an equal quantity of similar

    Obviously the exact same thing could not be returned as it would have been used which is why it "applies to those things which are estimated by weight, number or measure," so that the creditor might quantify the debt. Furthermore, as Gaius points out that the things which are loaned "become the property of those receiving them.7" In mutuum, dominium passed to the borrower, by traditio as the things being transferred weren't res mancipi8. It was a unilateral contract, and was actionable by the condictio so was stricti iuris9.

    • Word count: 2609
  9. What criticisms might be made of the Roman law of theft?

    Firstly, a criticism of the law of theft is described by Ibetson, in the fact that the legal definition of furtum as contrectatio and the popular conception that theft required the carrying off of the res3. Contrectatio is described as a physical handling but also as any meddling or dealing with the thing by Nicholas4, with Buckland and Thomas agreeing that contrectatio meant handling of the stolen thing. However, this contrectatio had to be fraudulosa ie. affected with the intention of wrongdoing with the lack of consent on the part of the victim, to the appropriation of the thing.

    • Word count: 2055
  10. How do statistics and probability assist in the interpretation of evidence, and what are the problems that may arise when probability is introduced in the courtroom?

    For example, tossing a coin once would produce a random result. However, if you repeated it many times, eventually a statistical pattern would appear from the randomness, allowing you to predict the result using probability. An Italian mathematician named Gerolamo Cardano in the 16th century, as he attempted to analyse games of chance, first discovered this, and Pierre de Fermat and Blaise Pascal continued his work in the 17th century, eventually becoming the founders of the Probability Theory... In 1654 one of Pascal's friends, the Chevalier de M�r� approached him with a gambling problem.

    • Word count: 2366
  11. To understand if Parliamentary sovereignty has or has not diminished by the joining of the European Union (EU) in 1973 we must first look at the traditional meaning of Parliamentary sovereignty.

    This can be illustrated by the Vauxhall Estates Ltd v Liverpool Corporation case.5 To see if Parliamentary sovereignty has been affected since joining the EU we must briefly understand the EU and how the UK joined. The United Kingdom joined the EU in 1973, The European Community was already set up when the UK joined, and currently there are 27 member states a part of the Union The EU like the United Kingdom has their own sources of law, Such as primary sources these are the Treaties. They also have secondary laws which are Acts adopted from other EU institutions.

    • Word count: 2837
  12. PLAGIARISM IS WRONG Discuss this statement, explaining whether or not you consider it to be correct. How should universities deal with cases of plagiarism in terms of investigation and penalties?

    It seems that students are able to access so much material that they can plagiarise from vast number of resources without identification Plagiarism has been shown the red card by every university. Evidence of this is the fact that each university now has their own set of rules on how to deal with both plagiarism types, details of which can be found on their website. For instance, University of Surrey's policy on plagiarism states clearly, 'plagiarism is a serious academic offence and could result in suspension of your degree course'3 as well as what the consequences would be of such a practice.

    • Word count: 1672
  13. Discuss developments in claims for nervous shock since the case of Alcock v Chief Constable of South Yorkshire [1992] 1 AC 310.

    The first successful nervous shock claim was in the case of Dulieu v White & Sons[2] where Kennedy J decided that injuries were actionable only where they arose from the claimant's 'reasonably apprehended fear for his safety'. However since that decision, constant development on the understanding of psychiatric illnesses and the evolvement of jurisprudence has led the judiciary to contort the framework of law so as to fit in 'new' victims of nervous shock.[3] The case McLoughlin v O'Brian[4] established that a test of 'reasonable foresight' was sufficient to decide liability in cases of nervous shock.

    • Word count: 4940
  14. Why is defence afforded to a perpetrator of a criminal act whether he is a principal or secondary offender?

    Justification functions as an exception to the criminal prohibition where the action is not wrongful and is warranted. [3] Excuses are often to be about removing blame; that the defendant behaved in an unjustified way, but argues that he is not to blame for his action.[4] The notion of justification and excuses will be examined throughout the essay to determine the reasons why a perpetrator either a principal or secondary offender should be afforded to be given the defence. SELF DEFENCE Under common law, it has long been accepted that a citizen is allowed to use reasonable force to protect his own person, his property and the person of another.

    • Word count: 4917
  15. Where a suspect is found to be a juvenile or mentally disordered, PACE Code C 3.15 stipulates that a custody officer must, as soon as practicable[1] ask an appropriate adult to come to the station and see the suspect. Palmer identifies that due to,

    Suspects who arrive at the station in need of medical assistance commonly do not receive it. Sanders et al assert that only a few suspects receive the medical attention they need from doctors5.Palmer affirms this viewpoint arguing that police officers habitually believe that they have a sufficient knowledge of certain mental conditions and choose not to call a police surgeon for, 'a second opinion'6 this is demonstrated the study carried out by Gudjonsson et al in which at least 8 percent of the suspects were vulnerable, however the police only identified the need for 1 in four percent of the cases studied.7 Furthermore it is commonplace for police surgeons to lack sufficient skill and experience when dealing with suspects.

    • Word count: 2062
  16. Regulating Prostitution

    Frequently pimps and even policemen demand sexual services from prostitutes and assault them if they resist their sexual harassment6. Prostitutes and their families are subject to further condemnation and threats from people who despise them. Research found that the death rate of women in prostitution is forty times higher than that of the general public members7. These continuous tortures on women's body, coupled with verbal abuse, are causes of psychological harm and emotional distress on prostitutes8. Patrons may also risk themselves of abuses from pimps.

    • Word count: 2681
  17. Unjust Enrichment

    a benefit must have been gained by the defendant; (ii) the benefit must have been obtained at the claimant's expense; and (iii) there is an "unjust factor" rendering it unjust for the defendant to retain the benefit.8 Goff and Jones and Birks believed that FA is unique because it acts as a means to ascertain whether the (first) three ingredients to establish an unjust enrichment claim are satisfied, namely in establishing a benefit or enrichment ((i) and (ii)); and functioning as an unjust factor to bring a claim.

    • Word count: 4018
  18. The effect of the McKinnon Case

    So if a conclusion was non absurd, it doesn't make it automatically reasonable.vi The dissenting judges, Gleson CJ and Kirby J, said that logically, the view of the majority of the High Court appears to mean that, so long as there is anything to be said to support the view that disclosure would be contrary to the public interest, an applicant for review under s 58 (5) must fail period. They didn't agree with that logic and said the appeal should be allowed.vii However Haydon J, Gleason CJ and Kirby J, had a similar reasoning that all evidence and arguments

    • Word count: 4148
  19. Law & Morality

    It supports the idea that a morally sound society operates for the benefit and good of all men, and that all men are subject to the same rules and regulations. According to the bible the law is discerned from the ten commandments and that to do what is right one must follow the word of God, or the law. One example of morality can be defined as doing what is best not only for oneself, but also for one's neighbour "You should love your neighbour as yourself"1 An important aspect of interpreting law and morality is finding a balance between the two.

    • Word count: 1010
  20. Free essay

    COURT REPORT

    During my visits, there were both journalists and family members present at public galleries watching the court proceedings. On arrival at the courts, personal belongings are checked by security guards. Security checks are done in order to ensure the court remains a safe environment. Upon entry I obtained a list of the cases being heard on that particular day. During the day I was able to witness several sentencing cases as well as the beginning of a trial. This trial involved a defendant who had been charged on two accounts.

    • Word count: 2096
  21. Effectiveness of tribunals as substitutes to courts/ Access to administrative information

    2 High costs are also an inbuilt drawback of judicial review due to the highly technical nature of the court system3, and remedies are more than often subject to lengthy litigation and therefore long delays. Thus if administrative review were solely the realm of the courts, it is likely that the ability of individuals to challenge decisions would be virtually impossible and the opportunity for redress virtually impossible.

    • Word count: 3416
  22. Is the establishment of a national industrial relations regime constitutionally valid?

    Section 51 (xxxv)6 grants the Commonwealth limited powers pertaining to industrial relations, with the intention that the States regulate their own employment relations systems and the Commonwealth only intervene to settle interstate disputes that may interrupt national trade7. The Federal government has limited legislative capacity under this head of power and is restricted by three specific limitations. Those being that the Commonwealth may only make laws on employment conditions and wages when it involves (i) an 'industrial dispute' with (ii)

    • Word count: 2552
  23. How effective has the Computer Misuse Act 1990 been in the fight against hacking-related offences? Do you believe that there is a need for legislative reform in this area?

    Using this password, the Gold and Schifreen were able to attain information on a number of individuals; they also gained access to the Duke of Edinburgh's personal computer. The issue that was raised before the court at first instance was whether information, i.e. a password, could be stolen; the court held to be no applying the decision of Oxford v Moss7. Moreover, another issue, which the court had to deal with, surrounded the deception of a machine, which they also held to be no using the application of Davies v Flackett8.

    • Word count: 3578
  24. To what extent do you believe that the Regulation of Investigatory Powers Act 2000 achieves a balance between upholding the right to privacy while also allowing the State to employ online surveillance techniques in the interests of national security?

    But the advancement of technology means that data can now be captured, stored and accessed more readily even when their users are dispersed.8 The information revealed by an individual reveals something about that person. This method involves the collection and retention of this information. With the growth of the internet and the ability to digitise any form of information the distinct boundaries between the types of surveillance are disappearing with technology linking the different methods of surveillance into 'a near seamless web of surveillance'.9 Furthermore, the development in data processing means that systems of physical surveillance significantly by the involvement of the computer to digitise and process the information.

    • Word count: 4458
  25. Authorship Attribution and Law

    means '...that the polluter should bear the expenses...'8 After these recommendations PPP gained standing in other international settings including the Rio Declaration, OSPAR Convention and the European Community, as it was known then, as seen with the first environmental action programme in 1973. Since then the principle has not only seen application in the treaties of the EU but also in EU Directives, such as the Environmental Liability Directive.9 This Environmental Liability Directive is based on the PPP and imposes liability on the operatives of sites for the damage or the threat of damage to protected species, natural habitats and

    • Word count: 2068

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?
  • Critically analyse the law on market abuse and its enforcement by the Financial Services Authority in the context of the aim of promoting efficient, orderly and fair markets.

    "7. Conclusion: Since the market abuse regime came into force in 2001, the FSA has only brought 16 successful market abuse cases with total fines of �19.5 million.59 However, the first case was not concluded until 2004 and 'compares favourably with the 10 year period from 1987 to 1997, in which there were only 13 successful convictions relating to insider dealing.'60 The market abuse regime is an effective tool in promoting efficient, orderly and fair markets. However, the requirements and complexity of the regime, ought to be kept under review so as to ensure it does not prove to become a burden on firms. Striking the right balance between flexibility and certainty should not be underestimated."

  • What is the rule of law? Critically assess the extent to which the United Kingdom upholds the rule of law.

    "In conclusion, it can be said that the United Kingdom does uphold the rule of law, as everyone is subject to law, everyone is treated equally under the law and law regulates the government. To what extent does the UK uphold the rule of law is another matter entirely. The governments' prerogative powers, parliamentary sovereignty, the ability to derogate away from the Human Rights Act, and the lack of a separation of powers all result in the UK barely meeting the minimum standards for the rule of law. However, the fact that we have the Human Rights Act, that we have put trust into Parliament to make the correct decisions and to not abuse its power, and proposed bills such as the Governance of Britain which aims to reduce prerogative powers and make the government more accountable all indicate that the rule of law is an imperative factor, and shows that the United Kingdom appears to want to integrate the rule of law further into its constitution."

  • The Law provides adequate protection for online consumers. Discuss

    "32 The previous position was that the supplier was required to inform the consumer, prior to the conclusion of a contract for services, that he will not be able to cancel once performance of the services has begun with his agreement. 33 Who are less concerned about informing the consumer of their rights 34 DTI Consultation on proposed changes to the Consumer Protection (Distance Selling) Regulations 2000, January 2004 p.26. 35 It holds that when information is provided in good time during the performance of the services, a right to cancel exists even if the consumer agrees to performance beginning within seven working days of the contract being concluded, but the cooling off period begins when the consumer receives the information and ends seven working days later or when performance is completed (whichever is"

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