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Papers On Law & Legal Systems
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The Companies Act 2006
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It has often been stated that the courts have traditionally interfered too much in the field of company law. This 9 page paper considers whether or not The Companies Act 2006 reduce the need for court intervention by providing a coherent and comprehensive statutory code. This is discussed using two areas of the new act as the discussion point; duty of directors and environmental reporting. The bibliography cites 5 sources.
Filename: TECA2006.rtf
The Concept of Direct Effect in EU Law
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The notion of the effectiveness of European Community law has been developed by the European Courts of Justice (ECJ)into an obligation on national courts to ensure that they give adequate effect to EC in cases arising before them. This 8 page paper examines the way in which the “direct effect” concept has been applied by the ECJ, and contrasts its’ effectiveness with any alternative way of enforcing EC law. The bibliography cites 4 sources.
Filename: TEdrtefft.rtf
The Concept of Domicile within UK Law
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This 4 page paper considers what is meant by domicile and how it is determined under UK law. The paper cites cases to illustrate points raised. The bibliography cites 1 source.
Filename: TEdomcle.rtf
The Concept of Fairness in the Law of Natural Justice in Jurisprudence of the Commonwealth Caribbean
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This is a 10 page paper discussing the concept of fairness and natural justice in regards to the jurisprudence of the Commonwealth Caribbean. The concept of fairness adds to the law of natural justice especially in its application of the jurisprudence of the Commonwealth Caribbean. The Commonwealth Caribbean, comprised of over 15 island and mainland nations in the Caribbean, has a system of law based primarily on that of the United Kingdom and on each nation’s colonial history. Some nations have components of the colonial Dutch and French systems as well because of historical ties. Regardless of the nation however, the Commonwealth Caribbean was considered one of the areas of the world in which basic laws of human rights, natural justice and natural law, were not being followed in regards to fairness, justice and equality within the judicial system. Prisoners unable to afford representation were not always provided with legal aid and were therefore not offered fair trials, decisions or appeals. With an international push for fairness in judicial systems, organizations were formed providing representation for criminals in the Commonwealth Caribbean in the mid-1990s and more recently constitutional amendments have been included providing for legal aid representation in all cases. Several amendments have been enforced within the judicial system as well to follow constitutional law to provide fair and just representation in regards to decisions pertaining to court justices and despite the power of the Chief Justice within the judicial system, he must also follow the concept of fairness in his application of justice within the judicial system itself.
Bibliography lists 12 sources.
Filename: TJJurCC1.rtf
The Concept of Justice as Viewed by Plato, John Stewart Mill, and Immanuel Kant
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A 7 page contention that justice is more than just law, justice is the product of morals and ethics. Utilizes the Platonic model from Plato's Republic, John Stewart Mill's theory of utilitarianism, and Immanuel Kant's categorical imperative of reason to illustrate this contention. Bibliography lists 3 sources.
Filename: PPjustic.doc
The Concept Of Law: Primarily Integrative Or Primarily Conflict Oriented?
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8 pages in length. The writer discusses the concepts of integrative and conflict-oriented law theories. Bibliography lists 10 sources.
Filename: TLC_LAW.wps
The Concept of Mens Rea / Intent to Commit a Crime
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6 pages in length. A comprehensive discussion of Mens Rea, the legal principle upon which we base our requirement of intent for a finding of guilty. Covered in this report are the meaning, background, and a brief history of Mens Rea in law as well as a more in-depth analysis of Mens Rea as applied to insanity pleas, hate crimes, etc; Bibliography lists 5 sources.
Filename: Mensrea.doc
The Confirmation Battle of John Roberts
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This 3 page paper examines the nomination process to take place beginning in September of 2005. The death of William Rehnquist is duly noted. No bibliography.
Filename: SA535JR.rtf
The Conflict Between Local Authorities and Courts in Child Welfare Cases
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A twenty page paper which considers the relationship between local authorities and British courts with regard to child welfare cases. The writer looks at the way in which cases are assessed and evidence presented, how the court’s view of the child’s welfare may conflict with that of the authority, and to what extent the courts are at liberty to extend or amend the authority’s proposals. The writer also explains the impact of the Human Rights Act 1998 on the UK judicial system and shows how the articles of the European Convention must be taken into account by domestic courts in child welfare cases.
Bibliography lists 20 sources
Filename: JLchildlaw2.wps
The Conflict Over Motorcycle Helmet Laws
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This 8 page paper looks at this controversial issue. Both sides are explored. Bibliography lists 5 sources.
Filename: SA921hel.rtf
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