Essays on English Common Law

Essay in English Law Whether it is Unfair for Criminal Justice Insiders to Sit On Jury

Most likely, it is unfair for someone who works in the criminal justice system to be chosen to participate as jury selection-members, in the British legal system. Prior to the time of the Global Recession of 2008, one report discussed several aspects of the UK-defined protocol of what a jury-system process entails. Commentary was made regarding the UK jury system historical roots, trial-jury size, secrecy, independence, and selection (“Jury Service – Crown Prosecution”). One set of erudite Australian Professors noted that the advent of social media had fundamentally caused problems, especially during trials (Wallace et al. 2011). Consider, however, the ...

Child Abuse

Abstract This paper addresses child sexual abuse as a crime that impacts the victim psychologically, leading to long-term devastating consequences. Over the last three centuries, the number of children who have experienced sexual abuse is staggering. Also, there are many unreported cases mainly incest. Importantly, child sexual assault in the U.S. emerged as a social problem due to the high number of assault reports and lack of policies to curb the vice (Goodyear-Brown, 2011). Traditional laws were only protective as opposed to contemporary legislation that punishes the offenders. Also, children protective agencies didn’t address the issue of incest ...

Introduction

Security is any effort taken to ensure protection of persons or property from harm or any form of destruction. The concept of security evolved as the society evolved over time. In the old ages, security was only an issue of personal safety, but as societies became more complex so did the introduction of property and ownership. Property has evolved be anything from digital property to money, valuables, corporations and intangible property. This complex ownership structures present new security concerns. While in early ages the society relied on unwritten behavior and rules to exert security, this has since changed to ...

Business Ethics Antitrust Law

Business Ethics Antitrust Law

Introduction

The antitrust laws aim at ensuring that all businesses in a given market play by the same rules. This is so because businesses in a free market may achieve the near-monopoly status via their own merits such as creating better production processes, offering the best quality service and decreasing costs among others. However, antitrust laws set vivid boundaries for fairness in the business by prohibiting practices that control free trading. It also restrains dominant firms from abusing their market position. The antitrust laws offer regulatory review of business mergers, acquisitions and joint ventures to ensure they do ...

MEMORANDUM

RE : PHARMACEUTICAL LAW AND LIABILITY Dr. Frankenstein may be held liable for products liability in the event that he fails to comply with regulations of the US FDA regulations. There are three theories under the product liability including the Negligence Theory, Strict Liability Theory, and Breach of Warranty Theory. It can be argued that the Wonkavision device is no longer patentable since it is considered part of a prior art for it has been in the market for almost 40 years. However, the fact that it can provide treatment of patients infected with Ebola will qualify it ...

Victoria University-College of Law and Justice

Acceptance under Australian Contract Law - Introduction - Laws of Contracts In a discussion paper by the Australian Government it has been rightly observed that “Australia’s system of contract law is based on English common law as developed by Australian courts. These common law rules are supplemented by equitable doctrines, Commonwealth, State and Territory statutes and international law instruments. The terms of contracts themselves also guide the parties’ expectations and performance”. It goes without saying that the laws of contracts are the most important branch of business laws. - Elements of Contracts The formation ...

If you ask someone what they think about the Fifth Amendment, most people will likely point out that it provides citizens a right against self-incrimination. However, besides the well-known “plead the Fifth” clause, the Fifth Amendment provides a number of other important privileges and protections including the right to a grand jury for capital offences, the right to due process, the right to fair compensation when the government takes your property and a prohibition against being prosecuted or punished twice for the same crime. The Fifth Amendment was one of the original ten amendments included in the Bill of Rights that was passed ...

The writ of habeas corpus is one of the major developments that brought significant transformations in law. “habeas corpus” is a doctrine that is based on the argument that an individual should not be unlawfully detained. According to Anderson (2006), the doctrines states that “the prisoner or detainee should be brought before the court to decide on the lawfulness of a person’s detention or imprisonment”. The doctrine is has been used in regular occasions in various countries. In the United States, habeas corpus can be used by the federal courts to determine the validity of a prisoner’s detention by the ...

Malaysia is located in Southeast Asia at a major crossroad. It has been a route for trade from China, Europe, and India. The region experiences tropical climate and natural resources, which has made it a destination for immigrants. This is how the indigenous people of Malaysia settled here. These were followed by the Malays, who brought farming using metallic tools. Arab traders introduced Islam in Malaysia while Indians brought Hinduism. The Europeans brought major changes in Malaysia. Portuguese tried to capture the region but the Europeans resisted resulting to sovereign states of Malaysia. The Dutch in turn defeated the Portuguese until the ...