Legal education in India. Legal education and quality of law graduates have great impact on the quality of judiciary bar and bench. Legal education is also substantively relevant for other spheres of national life related to law-making and law-enforc

"Legal education is essentially a multi-disciplined, multi-purpose education which can develop the human resources and idealism needed to strengthen the legal system. A lawyer, a product of such education would be able to contribute to national development and social change in a much more constructive manner."-- S.P.Sathe 1 INTRODUCTION 'Law is the cement of society and an essential medium of change'. Knowledge of law increases one's understanding of public affairs. Its study promotes accuracy of the expression, facility in arguments and skill in interpreting the written words, as well as some understanding of social values. It is pivotal duty of everyone to know the law. Ignorance of law is not innocence and it cannot be excused. Thus, legal education is imperative not only to produce good lawyers but also to create cultured law abiding citizens, who are inculcated with concepts of human values and human rights. That is why Roscoe Pound described a member of legal profession as one pursuing 'a learned art' as a special calling, demanding high quality of study and research and a commitment to the cause of justice.2 The study of law must, therefore, be of that quality and standard as would justify Roscoe Pound's description of a professional. MEANING AND IMPORTANCE OF LEGAL EDUCATION According to Babylon's Dictionary, "Legal education is the education of individuals who

  • Word count: 9931
  • Level: University Degree
  • Subject: Law
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Malaysian Law - Theft and Section 378 of the Penal Code

The definition for theft was provided in Section 378 of the Malaysian Penal Code along with five explanation and various of illustrations. This section state on “whoever, intending to take dishonestly any movable property out of the possession of any person without that person’s consent, moves that property in order to such taking, is said to commit theft”. Understanding this, it can be separate into two— Actus reus and mens rea in which referring to the above rules, the words dishonestly and intending can be taken as a mens rea of the accuse while, words such as movable property out of the possession and without the person’s consent shows the Actus reus of that person. In an easy word, theft is the illegal taking of another's property, the intentional and wrongful taking of another's assets without his consent with the purpose to deprive him permanently. The definition provided under the Common Law is not far different from our Penal Code (hereinafter referred as the Code). The definition was first introduced through Larceny Act 1961, where it was defined as willful and wrongful taking away of goods of other, against his consent with intention to deprive him permanently. The definition provided in this act however was replace in a consolidation with 1968 Theft Act. After discussing all of these definition and types of property, it is appropriate to discuss on the

  • Word count: 2204
  • Level: University Degree
  • Subject: Law
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Judicial review in Malaysia was described as the process whereby the High Court exercises its supervisory jurisdiction over trials and judgments of lower courts

Judicial review in Malaysia was described as the process whereby the High Court exercises its supervisory jurisdiction over trials and judgments of lower courts, tribunals and other bodies or individuals carrying out functions of a quasi-judicial who are responsible for carrying out the performance of public acts and duties. The jurisdiction initially came from the common law, and was exerted by the issue of the prerogative writs of mandamus, certiorari and prohibition, however is currently conferred and governed by statutes and the rules of court. Therefore, administrative law in Malaysia is recognized and practiced as part of the common law of England and by the approval of the Courts of Judicature Act 1964. Judicial review[1] of civil proceedings or matters is governed by The Rules of the High Court, The Specific Relief Act 1950, and in accordance to the statutory powers bestowed on courts pursuant to para 1 of the Schedule to the Courts of Judicature Act 1964. With respect to the traditional approach, 'Judicial review was an inherent right of the courts and not statutory. The courts were entitled only to supervisory jurisdiction and therefore cannot intervene the merits of the decision. The court can only review the decision-making proses, but the decision. The courts are not allowed to change the decision on their own. For the new approach however, after R Ramachandran

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  • Level: University Degree
  • Subject: Law
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Hong Kong

Land and Climate: Hong Kong covers a total area of 2 916 square kilometres of which only 1 061 kilometres of it is land - the rest being surrounded by water. Rugged mountains and rolling hills cover much of beautiful Hong Kong. Some mountains rise more than 910 meters above sea level and 554 metres in other places. The rocky, indented coastlines of Hong Kong's islands and mainland provide many small harbours for fishing villages. Parts of Victoria Harbour in Hong Kong have been filled in with earth to create new land. Barren mountains separate the business districts of the Kowloon Peninsula from the farmland in the New Territories. It's estimated that around only 10 per cent of the land in Hong Kong is suitable for farming. Rice paddies and vegetable and flower fields are seen throughout the New Territories, crowded between areas of poor vegetation and rocky hillsides. An undersized river called the Sham Chun forms the border between Hong Kong and China. The land that is Hong Kong possesses a semitropical climate. The summers of the location are hot and humid, with temperatures reaching over 35°C. Hong Kong receives about 224 centimetres of rainfall each year with more than 75 per cent of the rain falling in summer. Rain in summer is a major cause to floods and unpredictable mudslides in Hong Kong. Winters are cool and dry, with the temperature scarcely ever

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  • Level: University Degree
  • Subject: Law
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Contract Law

Introduction The economic analysis identifies four functions of contract law1 that serve to ensure that parties to a contract are protected. It is also concerned with the overall effect of the economic rule that either promotes or discourages efficient outcomes,2 "rather than with results in a particular case".3 It can been seen in the Begbie4 case that the court was mindful of achieving this outcome in their decision to strike down Mrs Begbie's part of the contract, while Mr Brokken and Mr Cheers were still liable for their parts of the contract.5 The feminist analysis of contract law is concerned with obtaining fair and equitable terms for women before the law. This can only be achieved with the courts moving away from using, what Margaret Thornton calls, the "benchmark man"6 and the "normative linkage between the masculine and rationality"7 in their decisions process. The doctrine of unconscionability, as seen in the Garcia8 case, is where a one party to a contract has acted against the other party in way that has been unfair or misleading, or exerted extreme pressure or undue influence, or was not forthcoming with relevant information.9 The court will either set a part of the contract aside as in the Begbie10 case or they will strike down the whole contract as in the Garcia11 case, depending on the factors involved in the case, with each case decided on it own merits.

  • Word count: 4849
  • Level: University Degree
  • Subject: Law
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Contract Law 1

Question 1 - Paris and Dell Scenario 1 - Offer to Treat An invitation to treat is when one party invites another party to make an offer or start negotiations.1 In this case Dell's proposal to Paris may have been seen as an invitation to treat because he said that he had a possible gig for her if she took him on as her agent.2 In other words he was putting the idea out there to see if she was interested in having him as her manager. A closer look at the facts and exchanges between Paris and Dell shows that Dell's proposal appeared more like an offer rather an invitation to treat,3 which changes the perspective from which the issues in this matter need to be examined. Scenario 2 - Offer and Acceptance Is Dell's Proposal an Offer? "A proposal only amounts to an offer if the person making it indicates that an acceptance is invited and will conclude the agreement between the parties."4 Applying this statement to Dell's words would mean that he made a declaration to Paris rather than an offer, and there was no invitation for her to accept.5 It appeared that he assumed that she would simply go along with his plans. So under those circumstances there would be no contract let alone a binding one. This would be taking the simplistic approach; instead it is necessary to look at what a reasonable person would think to determine whether an offer was made. Would a reasonable person

  • Word count: 3451
  • Level: University Degree
  • Subject: Law
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Unilateral Divorce in Muslim Law

INTRODUCTION The Muslim law of divorce is the logical consequence of the status of marriage. As it regards marriage as an Aqd or a contract, it confers on both the parties to the contract the power of dissolving the tie or relationship under certain specified conditions. Divorce is one of the institutions of Islam regarding which much misconception prevails, so much so that even the Islamic law as administered in the courts, is not free from these misconceptions. Muslim law knows various forms of dissolution of a marriage, at the initiative of the husband, the wife, by mutual agreement, or by judicial process.[1] On Muslim law of divorce in general and the Hanafi law in particular, it can be said that divorce at the instance of the husband is prominent and rather simple. However, this does not mean that divorce is treated as desirable. In fact, there is a much quoted saying of the Prophet to the effect that, of all permitted things, divorce is the most reprehensible.[2] Divorce at the instigation of the wife has often been portrayed as particularly difficult, and this is certainly true for Hanafi Muslim law, which is most restrictive in this regard. But the issue should not be overstated, since the basic principle of Muslim divorce law is that a marital bond which does not function any more should be terminated to avoid further problems.[3] The pre-Islamic law, treating

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  • Level: University Degree
  • Subject: Law
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Scandalous trademarks. In Australia there has been an increase in the number of trade mark registrations which contain potentially offensive material.

Topic: Scandalous Trademarks and change in a society’s moral standards Introduction: Trademarks are all around us, they are present from the moment we wake up in the morning. We can find trademarks everywhere we look; they can be seen on the television, on billboards, on everyday products that we see throughout the day such as on our telephones, laptops, food packaging, motor vehicles etc. Reality is whether we approve of them or not Trademarks play a major role in our daily lives. Over the past few years foul language and sexually oriented content have become a norm in advertising, thanks mainly to mainstream media. This has also influenced the area of Intellectual property law and registration of trademarks; which has led to an increase in the amount of profanity and sexually oriented trademarks.[1] As a result, the validity and registration of trademarks has been tested with greater frequency in regard to what constitutes a scandalous or immoral trademark. In Australia there has been an increase in the number of trade mark registrations which contain potentially offensive material. This can be highlighted by the somewhat recent acceptance of the registration of the words "Look Good+Feel Good=Root Good"[2] as a valid trade mark, which raises questions on whether there is a changing approach to potentially offensive trademarks due to shifting public views about what is

  • Word count: 2982
  • Level: University Degree
  • Subject: Law
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Constitutional Equality in Singapore. The predominant purpose of unequal treatment under the Constitution is not to achieve substantive equality, but to preserve multiculturalism and meritocracy.

– – Constitutional and Administrative Law (LAW204) 2011–2012, Semester 1 Individual Research Paper Section: G2 Instructor: Assistant Prof. Jack Tsen-Ta Lee Topic Number: 4 Student Number: S89XXXXXX I declare that this research paper contains 2993 words. I. Introduction An assertion that the unequal constitutional treatment of minorities in Singapore must exist to the extent necessary to achieve substantive equality is not entirely justified. It is submitted that the unequal constitutional treatment of minorities cannot be squarely situated within the theoretical framework of substantive equality. In particular, the redistributive aim of substantive equality does not fit in with Singapore’s unique historical background and policies. The predominant purpose of unequal treatment under the Constitution is not to achieve substantive equality, but to preserve multiculturalism and meritocracy. The unequal treatment of minorities finds its place in three different Constitutional institutions and safeguards: the Presidential Council for Minority Rights (“PCMR”),[1] the Group Representation Constituencies (“GRC”) scheme,[2] and Articles 152 and 153. The scope of this paper is confined to the unequal treatment of constitutionally defined minorities ie racial and religious minorities. Minorities not expressly identified in

  • Word count: 4288
  • Level: University Degree
  • Subject: Law
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