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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.
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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.
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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.
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but we have learned however, that not all people that are homeless are living on the street, sleeping on park benches, and haggling for money in Old Town. In Fort Collins, many people are living in a home with multiple families yet, are classified as homeless. Homelessness is simply not having your own home, but most of the time, the way these people were put into this position was not so simple. In todays economy, people are not experiencing the wealth, they once were.
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of the Australian Constitution 1901. Although it may be inappropriate for the courts to interfere with cabinet policy6, there is no determinative evidence suggesting that this will be the case. The decision is a matter concerning health, which is in the publics best interest. Here, the decision is likely to be justiciable. ANFJC must be a 'person aggrieved'7 by the decision at hand to have standing8. As ANFJC cannot import noni-juice, their interests as a sole importer are adversely affected.
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legal order, system or tradition influences another in some significant way.'2 Examples of legal systems are common law, civil law and religious law. Therefore, the question is essentially asking: how does interaction of this nature contribute to the understanding of this broad notion of legal orders? Diffusion facilitates the spread of law. Many of the labels noted by Twining are subsections of diffusion or methods of the spreading of law. In order to consider the full scope of the question it is important to consider more than one of these subsections.
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of requirements of making a legal binding contract are also necessary for forming online contracts. The traditional offline rules apply to online contracts, that is to say, e-commerce is applied by the same principle as traditional paper-based transaction1, and only the way in which they apply may be different. The traditional way before making a contract is that there must have been a bargaining as to contents of the contract between parties. However, when contract is going to make over the internet between parties who are the website users and website owner (or online service providers), there would be impossible and not efficient for website owner to bargain with each persons who intends to use the website.
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As a judicial officer, judges also have to interpret statute laws, laws made by parliament, and apply common law. In handing down rulings and sentences, judges also have to follow precedent. In doing all this, a judge must always remain impartial, fair and carry out justice. Their contribution in the court system is very important as, even if are not the direct decision makers, their guidance is what will influence the eventual decision. Due to this, their credibility and character is always under scrutiny to ensure that their contribution is always impartial, fair and carries out justice. This examination of credibility is evident in the news article 'Einfeld "lied to court"'1 published on the ABC News website, which refers to the case against former federal court judge Marcus Einfeld.
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This difference has a direct effect in the approaches undertaken if the two legal systems in the interpretation of legislation. Whist the English courts and common law system sees legislation as the general principle by which the courts will apply deductive reasoning to interpret the intentions of parliament a Civil law system would argue that leglislation is the will or parliament in itself. We can therefore see that if essence legislation represents the will of the state and 'the function of the judiciary as an organ of the state is to give effect to that will'2 In order for such
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According to a sophisticated reading of Marxs theory of historical materialism to what extent is the legal system the product of, or determined by the economic system? Do you think that Marx, on this sophisticated reading, underestimated the significan
The form of the relations of production will depend on the nature of available natural resources and the knowledge of technologies for exploiting them, the two together being described as the material base3 by Marx. Relations of production then crystallize into groups called classes whose relations are determined by the particular mode of production. As forces of production change so do the relations of production4. Base is the economic structure of society, the sum total of the production relations of the given society.
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Do you think Webers categories of legitimate authority are helpful in understanding what makes the current Australian system of law and government legitimate?
Traditional authority An authority is traditional if its legitimacy is "claimed for it and believed in by sanctity of the order as they have been handed down from the past.'4 Traditional authority has several distinguishing characteristics. It is based on the relationship between a master and his servant or child, and as such, traditional authority is essentially between those with unequal standing5. Weber indicates that this is due to the 'pathos of distance' - the belief that men are fundamentally different in their natural endowments and social position and the conviction that these differences justify the domination of those over their inferiors6.
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The Bystander Effect (Latane & Darley, 1968, 1970) claimed that the presence of others would inhibit helping. Thus explains that when there is an increase of bystanders, there will be an increase of anonymity and hence increase in time it takes to help a stranger. However, the reason for people not helping when there are many others around is still controversial as there are a few possibilities that people think may incorporate towards the factors. In March 13th 1964, there was an incident where a young woman, Kitty Genovese was killed outside her apartment in Queens, New York.
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Law represents codes of social conduct, which society has decided should be compulsory. This might be described as the only common 'moral framework' there is. The law is a way of formally stating behaviour that is to be regarded as acceptable and behaviour that is regarded as unacceptable. There is no choice about which laws are to be obeyed. Morals are beliefs about the way human beings living in communities should behave. These morals change over time and there are also clear differences between age groups, ethnic groups, religious groups and other communities who hold common attitudes.
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This assignment will review the design, findings and methodology of an article written by Pamela Coxon and Valentine entitled "The effects of the age of eyewitnesses on the accuracy and suggestibility of their testimony".
testimony" (Offprints CD-Rom), and will critically evaluate the research carried out in terms of its contribution to the area of witness evidence. Design This experiment had a factorial design that was between participants. The participants were divided into three groups aged 7-9 (children), 16-19 (young adults) and 60-85 (elderly). All participants watched a short video. They then answered seventeen questions based on the video, four of which were misleading for those in the experimental condition (where misleading questions were introduced). The participants' accuracy was assessed by the number of correct and incorrect answers given to the non-critical (non-misleading) questions asked.
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