Essays on English Law

Introduction

The English contract law consists of a body of rules that control contacts in England, with its foundation based on the intense activities of the judiciary that took place in the industrial revolution. It is critical to mention that the law shares some of its core elements with the commonwealth countries such as Australia and Canada. However, the law had for long been undergoing influences of the European Union during the period that the UK has been a member until this year when it withdrew the membership of the European body. The English law perceives people who enter into ...

Introduction

Natural law theory and positivism are two approaches to thinking that differ in the basic legal principles and rules on the treatment of law. Principles and rules influence English jurisprudence and the administration of justice through the attitudes, perspectives, approaches, decisions and pronouncements of judges and jurists. Natural law theory and positivism dominate respective areas of English jurisprudence and adjudication process, but these approaches may also simultaneously exert influence to raise issues and cause developments in other areas.

Influence of Natural Law Theory

Natural law is “the order of the dynamic tendencies that are proper to man as a rational being”. The rule of ...

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 ...

Different countries have various legislation that governs their citizens. Comparing jurisdiction in the various countries is, therefore, is possible and declares how various offenses are dealt with for justice. According to Rhode (2013), the law is the tool that ensures justice in any society. When people commit offenses, they are subjected to law for correction measures. The law in England that is useful for foreign jurisdiction is readily available by statutes, the common law, and treaties. The court that is enforcing the jurisdiction is the one to dictate how a particular law would apply. The report has three distinct ...

1.    Using at least two decided cases, explain some of the most important implied terms from the Sale of Goods Act 1979. (1.1) The transfer of ownership. With regard to the date of transfer of ownership based on a contract under English law, two judgements were extended (Sale of Goods Act 1979). Firstly, it is noted that the phasing out of the system in favor of the consensual tradition of the system characteristic of the capitalist states, "according to which acquisition of the right of ownership is associated not with the conclusion of the contract, and with the subsequent ...

It has recently been brought to my attention that the purchaser of the Glebe Cottage, is concerned with the purchase arrangements made through Cooper Taylor Solicitors. I have reviewed this issues and have surmised that further review of this arrangement is needed by the company.

There appear to be many conflicting interests in this case. The previous owner Ms. Smith had in place several contracts premising neighbors to use her property over an extended period. Now that the property in the process of transferal, these previous contract issues have been cause for concern from the neighbors. The contracted are ...

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 ...

1. The Contract In business environment, a contract is recognized as a legally binding document between two parties which signifies three important constituents for both – agreement, contractual intention and consideration towards each other (Giliker, 2002). Generally speaking, the requirements for the establishment of a contract have to be lawful documented terms of agreement, purpose of formation of contract and the statement of consideration of benefits availed by each party through the establishment. 1.1 Relevance of Contract Law in Business Like in the case of any legal scenario, the parties in a contract in case of business endeavours are legally bound ...

Virtually all laws that govern today’s civilization draw their influence from the England and Wales. The laws in these countries were arrived at through tribunals and precedents made by judges. The precedents are also known as case laws. These are previous legal decisions arrived at by judges which are used in similar subsequent scenarios or instances. They were also informed by the then governing customs societal norms. These laws provided for the protection of individuals and property. These laws were known as common laws. Common law made way for civil law that also draws its roots to England ...

The continued advancement in technology has cut across all spheres of the economy. The field of medicine has had its fair share of the cake having to incorporate the complexities of science and technology. One such area relates to organ transplantation. It has become possible to save humanity through the transplant of organs from one human to another. However, the process in itself though scientifically possible, remains riddled with several challenges and raises questions bordering on the moral, religious and legal frontiers. This paper essentially takes into consideration the place of the law in relation to the application ofsuch ...

<Law> <Tutor> <Department> The Flitland Crown Court convicted Dr. Arthur Jones for the crime of murder for withdrawal of life-support treatment to premature-born Baby X. Prior to his conviction, Dr. Jones did not dispute the antecedent facts that led to the death of Baby X. He reasoned out that the offense was committed to give way for the more viable Baby Y. There was only one available life-support system, and the question was, to whom he should administer the life-support treatment, to less viable Baby X or to more viable Baby Y? ...

International Sale Documents

Introduction Right paperwork and documentation during importation and exportation is very crucial. Inaccurate or lack of documents can lead to many inconveniences that may include delays, increase in trade costs and rejected deals. When participating in international trade, it is crucial to ensure the right documentation is applied. The correct type of documentation plays a very significant role in both receiving and making payments. By following the right paperwork, the risks facing the customer paying for the goods are reduced. The risk of the supplier failing to deliver the goods or services is also reduced. With the right documented ...

Property disputes between cohabiting couples on the breakdown of a relationship seem inevitable, particularly where the shared home is in the sole name of one partner.

Introduction

In the UK, the number of unmarried couples has twice increased since the middle of the 1990s. It rose to nearly three million, while the number of children living with unmarried parents has risen from 0.9 million in 1996 to 1.8 million in 2012 (Papworth, 2013, p. 1). Also, there are about 6,000 same-sex couples, who are not in a civil partnership and who have children. Virtually, there is no significant change in ...

Abstract

The term business can be used to refer to an activity that done that is profitable and viable. Business involves trading between two or more parties where an agreed price is determined. Trading can take the form of two countries that exchange goods and services through a given system. Singapore has emerged as a business hub due to various factors that facilitate proper business practice between the country and other nations. Trading is an inevitable activity in the community we live nowadays as it facilitates movement of goods and products from one area to another. Business on the global scale has ...

English Law

Introduction

Every country in the world develops its own legal system. There are no identical legal systems. This applies even in countries that are very close nationally, economically, geographically, and even socially. There are Western legal systems, systems of Asian legal systems of the people of Africa among others. By meaning in the history of legal systems, we have to distinguish continental and Anglo-Saxon system. The Anglo-Saxon system developed independently without significant influence Roman law. The Anglo-Saxon system first developed in England and thereafter spread in English-speaking countries. The Anglo-Saxon legal system, unlike continental, was not insisting on the ...

English Law

In the construction of legal system science is used as the basic material of general legal norms , as they are a source of law . Existing general legal norms are grouped with each other in a narrow group of norms governing the relations of the high degree of similarity. These groups are called norms of the institution or institutions . Institutions are the first level of connectivity of legal rules , but not the only one. The next level of connectivity is based on grouping of legal norms that regulate broader legal issues , ie . legal relations lesser degree of similarity , but similar enough to ...

The prostitution legality in Europe differs from one country to another. A number of nations criminalize the act of getting involved in sexual practice for money as others permit prostitution itself although not the majority types of procuring, for instance, facilitating another person’s prostitution, running brothels, acquiring financial benefit from another person’s prostitution or even accosting. Prostitution is legitimate and regulated in eight nations in Europe including Netherlands, Austria, Germany, Greece, Hungary, Switzerland, Turkey as well as Latvia. The extent of social control of the laws of anti-prostitution also differs from one nation to another, one region ...

Introduction

Trade was one of the most important economic activities of the ancient civilization. Initially trade was mainly conducted on land .As the scope of the activity expanded with time, another mode of transportation; water transport started to become gradually important and started to attract the attention of commercial enterprises. As this mode of transport became more important, there arose a need for the formulation of insurance scheme to protect the water vessels, the passengers, and cargo for the various risks that they faced in this transport mode. Marine insurance is therefore one of the oldest forms of insurance that has ...

1.1Introduction Most of the societies around the world must possess the most obvious characteristics and nature of an orderly society. An orderly society is that which would permit healthy interaction and way of life of its citizens for a long period. Nevertheless, different societies have different form of order (Darbyshire, 1995, p. 27). Some societies are structured with clear regulations that allow them to work in abidance to the set rules, while other societies operates in what can be considered an unstructured way with apparently very few strict rules and regulations to be followed. In every society, order ...

The English law and U.S. Supreme Court’s decisions regarding authorization of copyright infringement seems to differ. This is evident from the decision of the U.S. Supreme Court in Metro-Goldwyn-Mayer Studios, Inc v Grokster Ltd and treatment of a similar case under English law. This paper will critically examine how this case could have been viewed under the English law. The paper will, first, review the decision of the U.S. Supreme Court and then compare these views with Judgments of a similar case under the English law. The judgment of the U.S. Supreme Court in Metro-Goldwyn-Mayer Studios, Inc v Grokster ...

Introduction

When taking in consideration, in a proportional setting, the way wherein a global instrument like the European Convention on Human Rights is instigated in national courts of countries, a comprehension of the actual constitutional circumstances is first obligatory. The United Kingdom possesses no in print constitution, nor does she have a bill of rights or charter of basic freedoms. The U.K is a liberal democracy wherein the legislation Assembly is autonomous. In addition, it lacks a constitutional court wherein legislation is analysed for its acquiescence or else with any unattached constitutional principles or philosophies. In simple terms, Parliament creates the law and the judiciary to ...