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University Degree: Other Jurisdictions

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  1. Due Process in the American Legal System.

    The 14th amendment ensures that not only all citizens are entitled to due process but at the same time they are entitled to fair notice. Meaning that crimes and punishment must be publicly known to all citizens by any means possible. Due process is broken up in many facets in regards to procedures and trial. The due process model recognizes the disparity of power between the state and the private citizen. The state has virtually unlimited resources to press its case against the citizen. We recognized long ago that the state, despite its power and investigative resources, sometimes makes mistakes.

    • Word count: 1868
  2. Comparing Arbitration in Uzbekistan and Russia.

    Moreover, compared to litigation arbitrations costs relatively less. Therefore arbitration is becoming increasingly popular. This system is quite new in Uzbekistan and is therefore still developing. So if we compare it to a much more advanced system, like the Russian system, we can find many differences. Arbitration in Uzbekistan: Compared to any other legal system, it is possible to say that the Uzbek legal system is a relatively young and developing system. The arbitration system has been operating in Uzbekistan only for the past 3 years.

    • Word count: 1765
  3. Perspectives - Poverty and Property

    or one forced to leave a house because of abhorrent living conditions (as was the case of the Anderson family). In fact, the Canada Mortgage and Housing Corporation has reported that as of 2006, 1.5 million Canadians could not afford their rent or were living in residences that were either overcrowded or in need of major repairs.2 In SLBC, although the houses occupied by these families were deemed unworthy of repair or occupation, an order for possession was made against the defendants.

    • Word count: 1850
  4. Federal Constitution

    As a result, business activities and functions may be undermined and limited and hence leading to inevitable changes as a result of waste control. Thus, the CPRA is within the head of power under s51(xx) as any changes to carbon dioxide emission for corporation would impact on the corporations activities and functions. External affairs power, s51(xxix) Section 51(xxix) of the Constitution gives the Commonwealth the right to legislate with respect to 'external affairs'.

    • Word count: 1572
  5. In relation to the issue of indefeasibility of title and interest, it should be noted that there are two types of indefeasibility namely immediate and deferred indefeasibility. Chief Judge of Malaya Arifin Zakaria in the case of Tan Yin Hong v Tan Sian Sa

    In Tan Yin Hong v Tan Sian San [2010] 2 CLJ 269,3 reference to the book entitled "Sale and Purchase of Real Property in Malaysia" written by Dr. Visu Sinnadurai has been made which reads: "In Malaysia, it is submitted that under s.340 of the National Land Code, deferred indefeasibility applies. The registered proprietor who had acquired his title by registration of a void or voidable instrument does not acquire an indefeasible title under section 340(2)(b). The indefeasibility is postponed until the time when a subsequent purchaser acquires the title in good faith and for valuable consideration.

    • Word count: 1382
  6. Discuss how the South African Constitution protects communication

    These values include human dignity, equality and freedom. The scope of this essay will not extend to probe the meaning of these terms, save to say that equality and human dignity are provided for in sections 9 and 10 respectively. Furthermore freedom simply refers to ones opportunity to exercise a choice between different options.3 According to Mokgoro J in Case v Minister of Safety and Security4 the terms of freedom to communicate and freedom of expression are synonymous and interchangeable.

    • Word count: 1888
  7. Discuss whether Hong Kong has a written, unwritten, concrete and/or abstract constitution

    A concrete constitution is the document that comprises the written constitution, in which the most basic rules are stated. However, not all institutional precepts and government attributes can be expressed in this concrete fashion. In most cases, the legislation and court decisions will supplement the written outline, providing what is known as the abstract constitution. Hong Kong received its first constitution in 1843 from Britain with little participation from the colony itself. Over time, advancements in constitutionalism began to develop. First was the setting up of advisory committees and consultative organisation which allowed the public to involve more in policy-making processes.

    • Word count: 1271
  8. Article 19(2) of the Basic Law provides that the courts of the Hong Kong Special Administrative Region shall have jurisdiction over all cases in the Region, except that the restrictions on their jurisdiction imposed by the legal system and principles prev

    Therefore, these articles have in effect laid down the overall picture of Hong Kong judicial structure. Article 19(2) sets out that the courts have jurisdiction over the Basic Law and matters related to the Region, grants them authority to interpret laws that have been passed by the Legislative Council. It is the restrictions imposed by the legal system and principles previously in force in Hong Kong that bind them. To see how this provision is implemented, there is a need to first understand the technical jurisdiction of each separate court to get a glimpse on how the provision of 'courts of the Hong Kong Special Administrative Region shall have jurisdiction over all cases in the Region' is implemented.

    • Word count: 1336
  9. Case Analysis and comment:St George Bank Limited v FCT [2008] FCA 453

    The ratio of this case is the nature of deductibility of an amount under capital or revenue account based on the context of the transactions. From the perspective of the case Sun Newspapers v FCT (1938) 61 CLR 337, the principle emphasized is the characteristic of incurring expenditure [2]. The tests set out by Dixon J need to be examined to conclude it is deductible or not. The first test examines the character of advantage sought which says that an expense resulted in the taxpayer receiving a lasting benefit is more likely to be a capital expense.

    • Word count: 1419
  10. In Common Law countries, such as Australia, there are two primary systems of law that govern how litigation is conducted. These include the adversarial system of law and the inquisitorial system of law.

    The role of the judge in such a system is to act as an arbiter of justice, by ensuring that fair process is followed rather than illicit facts and evidence from either party. It is the responsibility of the parties for defining issues in dispute and for investigating and advancing the disputes.1 On the other hand, some courts feature the inquisitorial system, where the court seeks to be actively involved in determining the facts of the case. Under this system, the judge plays a more active role both prior to and during the trial phase, and may even participate in

    • Word count: 1801
  11. Sir William Macpherson's inquiry into the investigation of the murder of Stephen Lawrence

    Many black and Asian people felt that police officers would 'discriminate on the grounds of race, colour, ethnic origin or national origins when using their powers.'7 Although some may argue that a simple stop is not the same as an arrest and is just a device employed to be fully certain that you are not a criminal, a search tends to be 'a lot mote intimidating, more serious and "an invasion of privacy" than a simple stop.'8 Many black and Asian people claimed they were stopped on several occasions and believed it to be due to the colour of their skin.

    • Word count: 1776
  12. Paul Cronan Case Analysis

    Later on, Cronan requested to be put on medical leave. During his time off, O'Brien had revealed to Richard Griffin, the new supervisor, of the reasons behind Paul Cronan's absence. Months later, when Cronan felt that he was fit to return to work, he asked Griffin to be put in a less volatile environment due to the nature of his illness. This proves that as the supervisors of Cronan, they had the obligation to the safety and well-being of Paul Cronan. This point also proves that there were other members in the department, not just Griffin and Paul Cronan.

    • Word count: 1533
  13. Critically examine the role of Women in the Mafia Organisation.

    With recent changes in society and changes in the mafia itself, over the last couple of decades more and more people have spoken out about the Mafiosi. Also improvements in policing and investigating have made it possible to gain access into the previously impenetrable world of its members. The mafia has traditionally operated as a secret society for men, and therefore as an organization its outlook upon women suggests that women are too be honored and respected as wives but dominated and excluded as women.

    • Word count: 1584
  14. Security for costs - Defending an arbitration, particularly in complex disputes can be expensive.

    2GB of the HKAO bring fundamental changes to the law and practice of arbitration in Hong Kong. In s. 2GB(1), it provides "When conducting arbitration proceedings, an arbitral tribunal may make orders or give directions dealing with any of the following matters- (a) requiring a claimant to give security for costs of the arbitration;" The arbitrator now has the power to order the claimant to give security for cost. Importantly, the parties cannot contract out of this provision. Applications should now be made to the arbitrator and not to the court The Terms of the Order Security under the HKAO can only be demanded from a claimant or, in accordance with s2(1)

    • Word count: 1651
  15. "Crime occurs when societies do not provide the institutional means necessary to secure socially desirable goals" Does this statement adequately explain the persistence of crime in western societies?

    For example, a minimum wage earner will look at his situation and reason within himself, "What will I lose if I commit a crime and am caught?" If in his mind he perceives that his current life is a prison of debt, despair, and doubtful advancement, he figures that he might as well try to succeed in a crime that may actually pay off in a big way and quickly. On the other hand, an individual with a better paying job will most likely have so much more to lose.

    • Word count: 1450
  16. "I keep six honest working men, they taught me all I know, their names are WHAT, WHY and WHEN, and HOW and WHERE and WHO" Rudyard Kipling.

    The deficiencies in previous police investigation techniques were obvious including generalisations and trivialisations of rich accounts with important details ignored. RMH training services limited teach Fraud investigators how to interview the accused in several styles so that information is obtained. During the 1980's researchers investigated the value and use of interviews and the product of this stream of work was the new Cognitive Interview (CI), which was based on memory principles and theories behind trace retrieval and was designed to steer the interviewee into giving more accurate and vivid biographical accounts.

    • Word count: 1184
  17. Does Arresting Batterers Do More Harm Than Good?

    Sherman and Schmidt searched for alternatives methods other than mandatory arrest and looked at five policy recommendations. The first recommendation is the repealing of mandatory arrest laws. Arrest is also only a short-term solution, and in the end, it may just make your situation worse. The batterer will only be in custody for a little while, and when they get out, you may be hurt again. As stated by Sherman, "Mandatory arrest policies may thus protect working-class women but cause greater harm to those who are poor.

    • Word count: 1709
  18. "The Legal Aspects of Management in China".

    Majority rule of shareholders: All the powers of a company may be exercised either by the shareholders in general meeting. A company's decisions are made on the basis of majority rule. Statutory protection of minority: The ordinance provides certain safeguards in an effort to ensure that the majority power principle is not abused. - The holders of 5 percent of the paid-up capital of the company which carries the right to vote at general meetings may requisition the directors to call a meeting.

    • Word count: 1314
  19. Death Penalty - Alternative Executions Presentation.

    It was not only the need for more reliable techniques, but the increasing problem of public executions. These instances forced the states to question these two issues that became greatly associated with capital punishment. By the turn of the 19th Century, the social elites and aspiring middle classes began to associate public executions with the worst of society. Those who continued to attend public executions, especially women, were seen as vulgar and unrefined if their tastes were "...low enough to enjoy a hanging."(p152)

    • Word count: 1554
  20. What will Israel Be Like in 50 Years?

    The only viable alternative, in my opinion, is separation, which inexorably will lead toward Palestinian self-determination. Striking a balance between Palestinian national aspirations and Israeli security concerns is the key to finding a realistic solution, and the survival of both states; Israel and Palestine. Separation can be achieved through peaceful negotiations or by unilateral action. The Oslo Accords intended to obtain the former whereas the wall being built at present aims at the latter. Personally, I hope that despite the wall, both sides will eventually return to the negotiating table.

    • Word count: 1057
  21. Differences between the Chinese and British Legal systems in respect to forign investement.

    foreign investors need not to gain any certificate from any organs. Its positive aspect is that foreign investors have much more choices if they decide to establish companies in the UK. However, the negative aspect occurs as well, which is that they may not be guided correctly in legal areas due to the loose policy. So they should be very careful later, once they break the law, they will be punished seriously. Secondly, a strict examination and approval procedure is available in China before cooperative enterprise is established. For example, they should submit a series of complicated documentations, including the agreement, contract, articles of association and other documents signed by the

    • Word count: 1327
  22. The Theory of Monotropy and the Law.

    Among his sample, there were two children who were particularly delinquent, and who appeared to have very little in the way of social conscience. This syndrome was described by Bowlby as 'affectionless psychopathy', and he argued that this was the extreme consequence of maternal deprivation. If the child lacked a special relationship with the mother, it would grow up unable to form relationships with other people. Without relationships with other people, the child would be unlikely to conform to social norms in the usual way.

    • Word count: 1799
  23. Identify the Ethical Issues. Is H. B. Fuller morally responsible for the addiction of the street children to the Resistol Product?

    Is H. B. Fuller morally responsible for the addiction of the street children to the Resistol Product? The rights theory suggests that the consumers and society have a right to a safe product. It would then extend to suggest that H. B. Fuller had a duty to provide a safe product. The product when used correctly was "safe" however the firm failed to effectively educate persons on the correct use of the product. In addition the firm in their rational not to exit the market applied the Utilitarian Theory. They sated that they had to remain in the market because of their contribution to the economic viability to the society.

    • Word count: 1782
  24. Lord Curzon: the Last of the British Moghuls by Nayana Goradia. Delhi: Oxford University Press 1993.

    Although the book was published in 1993 by Oxford University Press, it would be of no surprise if the date read 1900. In addition, she puts forward speculations and interpretations which seemed to detract from her monograph: Feats of exceptional endeavor demanded exceptional self-denial. Empire-building for many Victorians became a sublimation of the sexual instince. Libidinal or sexual energy if properly channelized has been known to lead to the highest and most creative human endeavour and to Victorians empire-building was a divine call.1 Goradia presents two following chapters on the formative years of Curzon's life.

    • Word count: 1216
  25. The obtaining of security for claims in the disputes is very important, in respect to maritime claims.

    +++ Traditionally, the power to order the respondent to give security of claim was outside the arbitrator's statutory jurisdiction and application to be made to the Court. The s. 2GB of the HKAO bring fundamental changes to the law and practice of arbitration in Hong Kong. In s. 2GB(1), it provides "When conducting arbitration proceedings, an arbitral tribunal may make orders or give directions dealing with any of the following matters- (b) requiring money in dispute to be secured;" In s.

    • Word count: 1326

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?
  • Compare and evaluate the success of the drug control policies of Sweden and the Netherlands.

    "In conclusion, the problems of drugs in our society is so complex, no nation's drug policy will work completely. The Netherlands have a liberal drug policy and it seems to have worked well. On the other hand the Swedish have a repressive policy and it seems to have worked on the surface but in reality is has not at all very well. The success gained by Sweden can be more explained by their previous more liberal policy in the 1960s and 1970s and also the lack of exposure to the drugs market and low unemployment as well as their inherent culture. The implications of this is that for other countries aiming to formulate an effective drug policy may observe the Netherlands greater success and move towards a liberal drugs policy. Moreover, it is impossible to reach a common drug policy for the whole EU with such contrasting approaches and therefore in the future if the EU was ever to push for a unified drug policy, it may also move more towards a liberal approach. I acknowledge the ambiguity of the effects of such a liberal or repressive drug policy may have on other countries but this is unavoidable."

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