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Concept of International Law

Codes of conduct are increasingly widespread among commercial, professional and government organizations and have become quite a phenomenon in the humanitarian system in the past few years and they are increasingly being used for voluntary regulation of various sectors of society. Sometimes mandatory and sometimes...

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Private international law and public international law

International business is all commercial transactions either private or governmental-which are done between two or more countries. Private companies carry out such transactions for profit; governments may or not do the same in their transactions. Transactions that are included into business are investments, sales and transportation. On the whole, international business includes a large and increasing portion of the world’s entire business.

Private international law and public international law

Private international law and public international law

International law has two main types: private international law (or conflict of laws) and public international law (usually just termed international law.

Private international law includes regulation of relations between states, legal entities and individuals on various private matters such as matters of copy rights, inheritance, jurisdiction, labour relations, civil or human issues, marriage and divorce, and many other topics. Some people consider private international law as the business law of the world.

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An issue of fact

When an issue of fact has to proved in a court of law it is necessary to first consider the burden borne by the parties.” [1] The nature of this burden remains to be one of the most controversial and complex issues in the field of modern evidence law. When examining where the burden of proof should land in any legal proceeding there are two distinct issues that arise. Firstly, the matter of producing evidence and secondly the matter of proving facts.

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Contract formation relating to consent

A contract is defined as statement between two or more parties which agrees to exchange promises between them and  is enforceable by law. But a contract may does not have any outcome because of presence of an ineffective component which is of legal significance. In a specific occurrence, contract can be considered valid, void, voidable or unenforceable. A contract made by mentally disabled person and intoxicated person can be void. In general, it is a capacity of person to perform or produce or enforce contracts. When the law limits a person from engaging into a specified activity, any agreement to do so are either voidable or void for capacity. The law of capacity can serve either cautionary or can be way of holding back people who act agent for others.

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What Role Should Corporations Have In Fighting Bribery?

The world that we live in is like a giant set of dominos set precipitously close to one another. An unstable government, weak economy, or rampant corruption in one country has far reaching consequences. At the other end of the spectrum, however, positive action taken by one country can set the dominos spiraling as countries join together to fight against common evils.

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Traditional Incarceration and the Community

For a long time, the judiciary has shown its protest over the issue of overcrowding within its prisons. As a result, there have been increased efforts in the last few decades to develop certain ways to deal with the convicts and where to put them (Anderson, 1997). In this regard, some options have been developed recently. These include:

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Parliament Court Act

The Master of the Rolls’ interpretation of the Serious Organised Crime and Police Act 2006 (“the Act”), and in particular of the scope of sections 132 to 138, was that Parliament intended that the provisions should apply to both new demonstrations and demonstrations started before the coming into force of the Act, viz. before 1st August 2005. This was held to be clear from the wording of the Act itself, without the need to revert to the parliamentary debates reported in Hansard under the rule in Pepper v Hart.

An argument which lent support to this interpretation, and which Sir Anthony Clarke MR appeared to rely on heavily, was that section 14 of the Public Order Act 1986 had been repealed in relation to ongoing demonstration, and Parliament would only have done so if its intention had been for ongoing demonstration to fall within the scope of the new provisions.

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Legislation applied by the judiciary

Primary legislation is the written laws made by the existing government. It is the way through which the government of the day carries into effect its own manifesto. Also known as Acts of Parliament, there is a distinct process by which any proposed laws must pass through before subsequently getting onto the statute book.

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Legal Writing Structure

In the first instance, careful planning, sound research, a considered structure and excellent legal writing are the basis of a good piece of legal writing. Well-conducted research acts the foundation then the structure should be laid out always keeping in mind legal question/hypothesis set.

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Battery Infliction and Consent

The tort of battery is committed by the actual and intentional infliction of unlawful force on another without the consent of the latter or without any lawful justification. To be liable for battery, 'hostile touching' must be present. The general rule is that a competent patient has the right to refuse treatment, and medical treatment without consent, or in disregard of a valid advance refusal, amounts to a battery. Consent may be expressed in words or implied by conduct. The doctrine of informed consent deems consent as valid provided all risks involved in the medical procedure have been thoroughly explained. Every adult has the right to refuse medical treatment even if it will result in permanent injury or even death. Treatment refusals are only valid if the patient, when making the decision...

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Kudler Foods Organic

Kathy Kudler, owner of Kudler Fine Foods, has decided to expand her business by using local growers of organic produce as well as starting a catering service. As a result of this decision, Kathy has many questions that she will need to ask herself regarding doing things legally. Kathy will first need to determine the legalities in shutting down these departments in addition to figuring out what obligations she has to her employees. Kathy will then need to decide if she would like to enter into contracts with the local organic produce growers. Thirdly, Kathy will need to think about product liability and the regulatory implications she may face. Finally, as she seeks to hire employees for the expanded services, Kathy must consider everything regarding employment law.

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Free Law Essay | Burden Of Covenants

This coursework is concerned with the primary issue of whether the covenants are directly enforceable against Denise and Fay. It is necessary to establish whether the benefit and the burden of the covenants run with the land as neither May, Denise or Fay are parties to the original covenant made in 2004. However if it can be established that May is entitled to the benefit and Denise and Fay are subject to the burden of the covenant then May is entitled to a remedy. There are two set of rules governing the running of covenants namely the common law rules and the equity rules.

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Free Law Essay - Succession Of States

In International Law, the “ ‘succession of states’ means the replacement of one State by another in the responsibility for the International relations of the territory” It is important to highlight from the onset that ‘Sovereign states, and not their individual governments, are the primary subjects of International law’. State succession can only be said to occur when there has been a transfer of sovereignty over a particular territory and a resultant discontinuity in statehood and its affiliated responsibilitie.

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Great Peace Shipping Common And Unilateral Mistake

Explain the effect of Great Peace Shipping Ltd. v. Tsavliris Salvage (International) Ltd. [2002] EWCA Civ 1407; on the doctrines of common and unilateral mistake.

What difference, if any, has this case made to the previous understanding of unilateral mistake, and do you agree with the principle which it lays down?

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Mott MacDonald Case Study http://ping.fm/kMUVR

Mott MacDonald Case Study

This report is situated in the field Management Sciences in general and studies of Business strategy in specific, which is broadly the study of business, plan to achieve its business objectives. It is a case study on Mott MacDonald, about creating strategic direction. A consultancy company is taken as model in order to observe, analyse and understand the overall business strategy of the company. This case study focuses on how Mott MacDonald stands out in its competitive environment by using the skills and knowledge of its people to achieve its business purpose. (Case study 1).

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Privity Of Contract - Protection Of Third Parties

A contract may affect the rights, entitlements and obligations of a third party in a number of different ways. In her dissertation researcher going to discuss in detail such arrangements which raise difficult problems under the law of contract-problems, which to date have not been fully resolved, the Contracts (Rights of Third Parties) Act 1999, the range of liability for breach of contract, the doctrine of privity of he contract, attempts to evade the doctrine, established exceptions to the doctrine of privity, a the criticism and calls for...

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Criminology Essay - Criminal Justice

The crime rate in Britain will only be significantly reduced if the death penalty is introduced for a wide range of serious and persistent offenders.

This criminology essay analyses the past and future of the death penalty in Britain, examining the rationale for abolition in 1965 together with the potential and merits of re-introduction in the future.

The death penalty was abolished in 1965 in Britain following a 1953 Royal Commission and pressure by abolitionist groups. While the 1953 Report went outside its remit, to examine the effectiveness of hanging, it addressed the issues of deterrence and retribution; often heralded as the twin foundations of the death penalty and consequently used as the main arguments for the failure of the...

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Criminology Essay - Criminal Justice
Extract:

The crime rate in Britain will only be significantly reduced if the...

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Criminology Essay - Criminal Justice
Extract:

The crime rate in Britain will only be significantly reduced if the...

http://bit.ly/hj0VED

Criminology Essay - Criminal Justice

Criminology Essay - Criminal Justice
Extract:

The crime rate in Britain will only be significantly reduced if the death penalty is introduced for a wide range of serious and persistent offenders.

This criminology essay analyses the past and future of the death penalty in Britain, examining the rationale for abolition in 1965 together with the potential and merits of re-introduction in the future.

The death penalty was abolished in 1965 in Britain following a 1953 Royal Commission and pressure by abolitionist groups. While the 1953 Report went outside its remit, to examine the effectiveness of hanging, it addressed the issues of deterrence and retribution; often heralded as the twin foundations of the death penalty and consequently used as the main arguments for the failure of the punishment.

Read the complete Criminology Essay here.

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Actus Reus - Assault & Battery
Extract:

George, returning home after several pints of beer believes along with...

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Actus Reus - Assault & Battery
Extract:

George, returning home after several pints of beer believes along with...

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Actus Reus - Assault & Battery

Actus Reus - Assault & Battery
Extract:

George, returning home after several pints of beer believes along with Harold and Ivor that he is witnessing an attack and throws a bottle into the darkness. The bottle hits a wall and then hits Harold briefly knocking him unconscious.

George has the requisite actus reus to be convicted of any of the following; battery; an assault occasioning actual bodily harm, under section 37 of the offences against the persons Act and Grievous Bodily Harm under section 20 of the Offences Against the Persons Act. The actus reus for battery consists of applying unlawful force to another, and the force can be applied indirectly as in the case of Fagan v Metropolitan Police Commissioner and a mere touch can be sufficient - R v Thomas.

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Free Law Essay - Law Arbitration Public

Extract:

The principle of autonomy of the parties gives them these options. In choosing the governing law and arbitral seat, parties will choose according to the safe guard of public policy. In the process of arbitration, courts will not intervene. Forum of arbitration is selected because parties want to remain outside of procedures of national courts. They are in favour of privacy and informality. In this case, choice might affect the substantive rights of the parties and give arbitrators the right to act as an amiable compositeurs or can apply broad equitable considerations or lex mercatoria.

Arbitration is used to settle commercial disputes in which parties agree for settling their future disputes and will use arbitration procedure to settle any disagreements among them. They will refer the dispute to the third party which will help them in resolving it and will give his final decision in the form of an award and that third party is called the arbitrator.

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Free Law Essay - Public Administrative Decision

Extract:

If an administrative decision-maker is entrusted with a discretionary power or duty expressly or impliedly for a public purpose, the decision-maker cannot divest itself of that power or duty. There are several ways in which a decision-maker may fail to exercise a discretionary power or fail perform a duty. This research is aim in elaborating on these aspects of the broad ultra vires concept.

The scope of this research is mainly aimed at non-exercise of administrative discretionary power in the UK jurisdiction, but cases on the Jurisdiction of India and Malaysia are also illustrated. The Research has been limited due to various reasons. To mention a few reasons here, the unavailability of enough research books on the library, the time frame available for such research assignment and the academic amateurism of the researcher.

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Free Law Essay - Clinical and Medical Negligence Claims

Extract:

Chris bought a balti pie during half time at a match between the Wanderers and United football teams. The pie was in a sealed opaque foil package with the manufacturer's name "Pukiepies" marked on the packaging. Chris opened the package and began eating the pie. On his third mouthful of the pie he bit down on something hard which also tasted revolting. Chris instantly spat the mouthful back onto the package and discovered that the hard object was a decomposing finger. Chris later felt dizzy and suffered very bad stomach ache and went to the Accident and Emergency Department at Witherington Hospital. At the hospital, gastroenteritis caused by the poison in the decomposing finger was swiftly diagnosed and Chris's stomach was pumped. A junior doctor, Dr Hugh Sless, then injected Chris with antibiotics to prevent infection.

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