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Family Law Essays
Family law
Changes to family law as a response to changing values in the community/role of law reform in achieving just outcomes for family/ effectiveness of
legal and non–legal responses in achieving just outcomes for family members
The family law act 1975 introduced major change to divorce law on 14 grounds of infidelity, cruelty and desertion. In 1975 saw a major reform in
family law, as the family law act introduced no fault divorce meaning that neither party were to blame for the breakdown of the marriage. One party
had to tell the other and separate for a period of 12 months, then apply for an application with family law court for dissolution of the marriage. The
change in law was a reaction to changing social values depicted from...show more content...
If a couple can reach an agreement on how property is to be divided before going to court they can apply for a Consent Order. In New South Wales
de facto couples can approach the District court to gain a property settlement Recent changes to law allow for the future needs of the de facto partners
to be taken into account in property settlements. Problems can occur when partner hides property or sells property to friend at low price before the
divorce.
Domestic violence occurs between family members; married or de facto couples and or their children. There have been cases where women have been
subject to domestic violence and have killed their spouse, (R.v Heather Osland 1996). 'Battered woman's syndrome' is a complex of psychological
adaptations that lead women to kill, which can now be used as self–defence and provocation.
The courts are becoming more willing to accept evidence of 'BWS' as a partial defence for murder, evidence of growing recognition by the law of the
effects of domestic violence. Amendment to the Crimes act 1990 meant that children and adults would be protected from abuse. Legislative response to
domestic violence was the creation of the Periodic Detention of Prisoners (domestic violence) Amendment act 1982 (weekend detentions for offenders).
There have been significant amendments to the New South Wales legislation; the crimes act 1990 was amended in 1994 to make stalking and
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What Law Means To Me Essay
Law simply underlies our societies, it protects our rights, imposes duties on each of us, and establishes a framework for the conduct of almost
every social, political, and economic activity. The punishment of crime, compensation of the injured, and the enforcement of contracts are merely
some of the tasks of a modern legal system. It also strives to achieve justice, promote freedom, and protect our security. Law affects our everyday
lives and impacts on almost every aspect of society, it gives innovative aspects of Law providing a valuable opportunity to develop more versatile
skills and perspectives whilst achieving an honour degree, and will equip me with a broad foundation in legal principles, allowing me to progress into
a career specialising in areas such as...show more content...
In my opinion, this definition of Law could not be any clearer. However, many people still see the need to ignore these rules; whether by committing
crimes and breaking the law or behaving in a deviant manner, but sure enough, I know since been a child, looking up to law–enforcers such as police
officers has made me believe that Law is the backbone of our society, without it, everyday life would not be tolerable. Over centuries, Law has
matured and has come to a stage where it provides and reinforces the greatest security and protecting it with all possible means as it can be.
Although I didn't study Law as one of my subjects at school, but I do thoroughly enjoy reading about it online whenever possible and conversing
about its important place in building societies, which is why I feel so eager to have my dream come true by studying Law at your most prestigious
university, and nothing could be any better than studying Law at one of its most amazing establishments, The great UK, it literary means, ''I'm over the
moon'' by accepting me as one of your most dedicated students whom you will make you forever
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Application Of Rule Of Law Essay
THEORETICAL APPLICATION OF RULE OF LAW IN INDIA The common law system of justice delivery has been adopted by India which
owes its origins to British jurisprudence, the basis of which is the rule of law. According to Dicey, the Englishman does not need any form of
written or administrative law to keep cheeks on the government but that the natural law and Rule of Law would be enough to ensure absence of
excutive arbitrariness. While India also follows and accepts the concept of natural law, there are written and formal laws to ensure compliance. The
Constitution of India intended for India to be a country governed by the rule of law. It provides that the constitution shall be the supreme power in
the land and the legislative and the executive derive their authority from the constitution. Any law that is made by the legislative has to be in
conformity with the Constitute failing which it will be declared invalid, this is provided for under Article 13 (1). Article 21 provides a further check
against arbitrary executive action by stating that no person shall be deprived of his life or liberty except in accordance with the procedure established
by law. Article 14 ensures that all citizens are equal and that no person shall be discriminated on the basis of religion, sex, race or place of birth, finally
it ensures that there is separation of power between the three wings of the government, the executive and the legislature have no influence on the
judiciary. By these
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The Language Of The Law Essay
The language of the law is noticeably contrasted from common use of language. Throughout our extensive history, legalese has usually been linked
with the powerful and elite. The characteristics of courtroom language remain a specialised and distinctive genre of English, this shall be explored
throughout this essay, also analysed are the constrictions this language places on society during court proceedings and the ever–growing alternative
options such as mediation, to simplifying this commonly constricting formal institution. Mediation, as referred to by Eades, has grown and
diversified, and often takes place away from courts, with the aim of the disputing parties to cooperate and compromise with the aid of a third party
known as the mediator. It can have particular benefits in making for a more flexible and adaptable program ("Managing Differences in Mediation and
Conciliation". 1999. p.2). In my view, mediation can in most cases be extremely productive, particularly advantageous in the way it seeks to minimise
trouble faced with legal discourse and the constricting effects otherwise faced in court.
The court system relies heavily upon an expansive discourse and pinpoint communication techniques in seeking to reveal the truth in a dispute. The
distinct and atypical characteristics of spoken courtroom language certainly leave it open to be scrutinised but remains a necessity in today's society.
Society in the most part when faced with the idea of legal language envisage
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The Rule of Law Essay
The rule of law is a difficult concept to grasp and proves elusive to substantive definition. However, the following work considers the attempts of
various social and legal theorists to define the concept and pertinent authorities are considered. Attitudes and emphasis as to the exact shape, form and
content of the rule of law differ quite widely depending on the socio–political perspective and views of respective commentators (Slapper and Kelly,
2009, p16), although there are common themes that are almost universally adopted. The conclusions to this work endeavour to consolidate thinking on
the rule of law in order to address the question posed in the title, which is at first sight a deceptively simple one. The rule of law Modern...show more
content...
Slapper and Kelly postulate that: "the 'rule of law' represents a symbolic ideal against which the proponents of widely divergent political persuasions
measures and criticise the shortcomings of contemporary State practice." (Slapper and Kelly, 2009, p15) These commentators concede that the
concept 'lacks precision' and that its meaning changes over time. Noted legal philosopher Joseph Raz accepted the necessity for State intervention in
society and suggests that the rule of law is essentially a means of controlling, limiting and shaping the exercise of discretion in this intervention,
rather than seeking to abolish it entirely (Raz, 1977, p195). Raz clearly appreciated the risks associated with the arbitrary and uncontrolled exercise
of discretionary power and envisaged the principle of the rule of law as the primary safeguard against that threat. Many other writers appear to share
the opinion expressed by Raz that the raison d'Đ“Đ„tre of the rule of law is to control the exercise of discretion, including Dicey, Hayek and Thompson,
and to a lesser extent Unger and Weber. Dicey, for example, in his highly influential magnum opus, An Introduction to the Study of the Law of the
Constitution, suggested that the rule of law is composed of three distinct and specific, but indivisible elements (Dicey, 1885, p179–201). These are: 1.
An absence of arbitrary power in the hands of the State; 2. The supremacy of ordinary
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Different Aspects Of Law Essay
There are a lot of different aspects of law. Although Mrs. Holt's second period has only covered unit one of many, one can still see how complicated
law is. From basic human rights, to lawmaking, to advocacy, from settling disputes and the court system, to lawyers themselves, just the tip of the
Law–iceberg is enough to make someone want to freak out. What do human rights have to do with law? A lot, actually. Most laws are based off
traditional morals of the world. For example, in Chapter One: Human Rights, human rights range from promoting fairness to protection the rights of the
minority. In America's very own Bill of Rights, "Congress shall no law" restricting the freedom of speech, the press, to assembly, and to petition the
...show more content...
Advocacy... the author can't think of any witty one–liners or even two–liners for this subject. Probably because standing up for something you belief
isn't amusing. It's rather serious, voicing your opinions. There are many ways for someone to do so, from voting to drafting a bill, that's voicing one's
opinions. Lobbyists, who professionally lobby powerful government officials to pass laws on their behalf. Mediation? Mediator? "Like, saying 'ohm,'
or whatever." –Probably some Plastic from Mean Girls. And, no, it's not. It actually 'the act of resolving a dispute between two parties."– Chapter Four
closed notes. It's one of many, actually. First is Informal talk, and is not only informal and basic, but isn't legally binding. Next is negotiation, which
is exactly what it sounds like, a negotiation between the two parties. Afterwards is mediation, then arbitration. And arbitration is 'a way of settling a
dispute without going to trial,' though the arbitration is binding and overseen by a third party, an Ombudsperson(chapter four closed notes). Speaking
of court, there are several things that one needs to know about the basic court system. One being the fact that the injured party in a civil case is the
plaintiff, while the defending party in both civil and criminal cases is called a defendant. The prosecutor for criminal cases is, well, the prosecutor.
Most criminal cases aren't that exciting because the criminal uses the Plea Bargain, or
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Law School Essay
Law School Perhaps one of the most difficult aspects of the practice of law is learning to be a lawyer. Virtually every new lawyer today is a
graduate of law school, a much dreaded, but fulfilling journey to practicing law. Modern law schools differ greatly from their earlier counterpart, in
that many more requirements and responsibilities exist. In colonial times, students pursuing a career in law would enter institutions for instruction of
the law, and would automatically become qualified to practice law in the courts after a few years of study. Today, however, becoming a lawyer takes
much more training, rigorous work and effort, and many years of studying in order to take a bar exam of which passage represents qualification....show
more content...
These sections include logical reasoning, analytical reasoning, reading comprehension, a writing sample, and an experimental section, which does
not count toward the final score of the law school applicant. The writing sample is not scored either, but it is sent to every law school to which an
aspiring law student applies. Law schools usually do not use it as a significant part of the admissions process. Admission requirements of
prestigious schools in the United States differ greatly with those of the less prominent. As written by the Dean of Admissions at Stanford Law
School: "Admission to Stanford Law School is based primarily upon superior academic achievement and potential to contribute to the development
and practice of the law. Competition is severe: the 178 members of the Class of 2002 were selected from among 4,000 applicants, and most were
drawn from the upper 5 percent of their undergraduate class and the upper 5 percent of the LSAT pool. The class that entered in 1999 numbered 93
women and 85 men, over half of whom had been out of college for two or more years." In contrast, other less–prominent law schools around the nation
do not present nearly as strict requirements for applicants. In evaluating individual files, the faculty of any law school considers the record of both
undergraduate and graduate education, and the applicant's talents, nonacademic experience, and
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What Does Law Mean To You Essay
What Does The Law Mean To You? In spite of the fact that we as a whole have a comprehension of what law is, and by and large why it's suitable
that it ought to be set up to serve and direct our behaviour in the public eye, we sometimes consider what law really implies in a regular setting.
What is law for the regular person in the road? How does law sway on our lives from every day? Without a doubt, is the law a far off idea with
which we think that its difficult to relate? In this article we will take a gander at a portion of the principal ways law works in the public arena,
notwithstanding the way of the law as we probably am aware it. For some individuals, they feel just as the law is there simply to ensure their interests,
and that they have no requirements for every day collaboration. In any case,...show more content...
Law is an altogether more refined instrument in the arrangement of the everyday association of society, through controlling individual behaviour as
well as the way we act in business circumstances. Take for instance the ordinary errand of boarding a train. The law directs numerous parts of this
accomplishment: (1) the criminal law and the constitution licenses us to board open transport. (2) The constitution grants us to make contract with
another. (3) The laws of agreement grant us to frame an agreement for transport with the train organization, and guarantee that that agreement is
satisfied. (4) The laws of agreement and tort permit us to board without apprehension of damage, or with cure ought to the most noticeably awful
happen. At long last the law of possession and coin permits us to hand over cash in thought for this administration, which is of worth to the next
contracting party. Actually, the law controls pretty much all that we do, and is imperative in doing as such to guarantee the smooth running of group
and each part of our
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Law School Reflection
Before the A–S–3900 class started I had absolutely no clue about law school I just knew I wanted to be a lawyer. So far, this semester I have learned
that law school is hard to gain acceptance. I wasn't aware that the LSAT isn't based on your knowledge of the law. I've researched the law schools I
want to attend and their requirements, I will not let my fear stop me from being a lawyer. I also had the opportunity to take a practice exam, which
helped me figure out what areas I need to study before taking the actual test. A lot of the presenters were awesome, and the Michigan state presentation
changed my perspective on law school, the presenter made it seem like law school is an amazing place to be and anyone can make it. Although I fear
of a lot of debt and failure, I'm going to still pursue the career of a defense attorney.
I had no clue of what I was going to be learning this semester, but I had a clue of what I wanted to learn. I thought this class was about having mock
law classes and debates, but I'm happy that it wasn't because I was able to learn so many new and important things this semester. I have a different
perspective of law school after taking this course. While taking this course I learned how hard and important law school stands. Something that still
stands out in law school is the student's age range from 21+, I appreciate the diversity that is offered. Another thing that stood out was a lot of other
students didn't like this course, but it's effective, it will help you decide whether you want to go to law school. Making the decision to go to law school
is difficult and important, especially when it comes to the levies you have in order to apply for law school.
Honestly, before this course, I had never thought about why I wanted to go to law school or what pushed me into wanting this career, but when I
did, it made me think more about if I actually really want to go to law school. Since this course has started, I felt like I was out of place and I didn't
want to attend law school anymore. Although I shouldn't base my opinion on what others have encountered, I did. I heard law school was too difficult
for me to take on, but now I have done some thinking and I believe I should at least try to
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The Law-Making Process
Laws are the foundation of our society, they keep citizens safe and preserve our individual freedoms. Before a law is enacted it must start out as a
bill. Each bill has an extensive process it must go through to become a law of the United States of America. This process of approval ensures that
those three different parts of government agree on the bill before it becomes a law. In order to become law, a bill needs to be approved by the House
of Representatives, the Senate, and the President of the United States. The law–making process, or Legislative process, can be broken into two basic
steps, proposition and approval. These steps are the traditional and basic steps. As time went on, these steps have been altered and changed. A bill
...show more content...
The bill is brought up to either the House of Representatives or the Senate first, the house of Congress that views the bill first does not necessarily
matter and either can occur. As USA.gov states, "Once a bill is introduced, Representatives or Senators will meet in small groups to discuss,
research or make changes to it" (USA). This shows that a bill can go to either house of Congress first, and once there the bill is discussed again
and possibly amended. If the bill were to go to the House of Representatives first, they would send it to the "House Committee on Rules" (Krutz
435), where the parameters for debate would be set, such as length and amendments. After the committee sets the regulations on debate, it is sent to
the House of Representatives floor where any debate and amendments occur. Once any possible amendments are made, the bill is voted on by the
House of Representatives where it would need the Majority plus one to pass. If the bill were to be passed it would then move on to the Senate. As
votesmart.org states "[In the Senate] debate is unlimited unless cloture is invoked. Members can speak as long as they want and amendments need not
be germane" (VoteSmart). This shows that once a bill reaches the Senate there is unlimited debate on it. This also shows that any amendment made
does not have to pertain directly to the bill at hand, unlike the House of Representatives. The Senate has a special power that they can perform called a
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Reflective Essay On Law
Upon entering this class, I had a skeptical mind on what law was. We believed law as a superior, overpowering, and controlling way of life. We
had negative thoughts towards the law, and only expected negative results because of it. While being in this class this semester, my mind was
opened and because of it I allowed a better understanding of law into my lifestyle. I realized that what I say may have repercussions as well as
negatively damage my business. Some of the BLAW subjects that will help me to grow in my career as well as an everyday consumer I will
discuss throughout this assignment. As a Sophomore in college, we are still considered the "newbies" of the University. Some of us are still
trying to find our groove, while others are excelling at it. So being a Sophomore in this BLAW class, helped me realize that every course that I am
taking is to better me for my career. I believe that BLAW is highly important when majoring in a business degree, simply because in our line of
work it's common for us to be consumed by greed or make minor judgment mistakes to better the company that we're working for. BLAW creates
this building block for you and how you must go about your work life to fully succeed. My future career includes hopefully becoming an officer in
the United States Air Force, with my background as Business Major I hope to either become a Logistics Readiness Officer or a Contracting Officer.
Both Air Force careers deal with the business franchise of the United
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Law & Morality Essay
Consider the view that there is a close relationship between law and morality. Examine the debate as to whether the law should reflect moral
values, and discuss issues, which show the continuing importance of that debate. (30marks + 5 for AO3) A definition of law adapted from LB
Curzon, Dictionary of Law states " the law is a set of rules which are binding among the people of a community or a state, so that they will be
imposed upon and enforced among those persons by appropriate sanctions". The definition of morals given by Elliott and Quinn, Law for AQA state
that "morals are beliefs and values which are shared by society, or a section of society; they tell those who share them what is right or wrong". There
are many similarities...show more content...
Prostitution is the act or practice of providing sexual services to another person in return for payment. In the United Kingdom, prostitution itself is
not a crime, but soliciting in a public place, kerb crawling, owning or managing a brothel, pimping and pandering, are crimes. In England and Wales
and in Northern Ireland it is an offence to pay for sex with a prostitute who has been "subjected to force" and this is a strict liability offence and
clients can be prosecuted even if they didn't know the prostitute was forced. It is illegal to buy sex from a person younger than 18, although the age of
consent for non–commercial sex is 16. Section 53A of the Sexual Offences Act 2003 creates the offence of "paying for sexual services of a prostitute
subjected to force etc.", which is a strict liability offence. This section was inserted on 1 April 2010 by section 14 of the Policing and Crime Act
2009. It is an offence for a person persistently to loiter or solicit in a street or public place for the purpose of prostitution. This offence is created by
section 1(1) of the Street Offences Act 1959 as amended by section 16 of the Policing and Crime Act 2009. It prohibits street prostitution. The term
"prostitute" is defined for the purposes of sections 48 to 50 and 52 and 53 of the Sexual Offences Act 2003, and for the purposes of section
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The Sources of English Law Essay example
The Sources of English Law In UK there are three main sources of English law, Legislation (Statue Law), Common Law (Judge–made Law) and the
European Communities law. English Law was historically based on customs and social traditions. Today Custom Law is a part of Common Law,
notably being in cases where there was no judicial precedent but which were known to exist since time memorial (i.e. since 1189). Many of these laws
such as the Fisherman's Case (1894) 2 East PC 661( http://wilmington.butterworths.co.uk/citator–0
/Citator.ASP?WCI=tmpSearch&WCE=Form&WCU=) in criminal law and Beckett Ltd v. Lyons [1967] 1 All ER 833 the law of user in Land Law are
still good law. Custom law can still be used...show more content...
Parliament can delegate the power to legislate to various bodies such as local authorities, the Crown and ministers. Delegated legislation has same
legal force and effect as the Act of Parliament. The advantages of delegated legislation are: time saving, access to particular expertise and,
flexibility. On the other hand it can be a disadvantage due to lack of accountability and effective scrutiny as it can erode the constitutional powers
of the Parliament. Another major source of law comes from judges deciding cases before them, also referred to as Case Law. Judges use various
rules to interpret legislation and the intention of the Parliament. For example, in the case of Royal College of Nursing v. DHSS [1981] 1 All ER
545, three judges gave their judgment using the mischief rule and two judges used the literal rule to interpret the Abortion Act 1967, and the
intention of the Parliament (173 and 174 Slapper G. and Kelly D. The English Legal System (5th Edition), (2001) Cavendish Publishing Ltd,
London, Sydney). One example of when judges have actually made new law is the case of R v. R [1994] 4 All ER 48 decided in the House of Lords.
The court re–interpreted the legislation so that a husband could be found guilty of raping his wife. 'Stare decisis' or binding precedent is at the heart
of the English legal system and case law is particularly dependent on it. It refers to
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Law Commission Essay
As a body the law commission is an independent, permanent and full time organisation where their aim is to improve the law by making suggested
changes and brings it up to date. The law commission was created by the law commission act of 1965.
In the law commission there are five commissioners. There is one chairman/women who is a high court judge and four others which can be either legal
academics and/or practicing barristers who are both trained to a high standard.
There are three ways that they try to modernise the law, by codification where they bring together a particular topic to one act of parliament. Examples
of this includes Draft Criminal Code Act 1989, Murder and Homicide Act 2006 and the Coroners and Justice Act 2009. Consolidation...show more
content...
Where they will go through the same process as to the House of Commons, but, when they have done the third reading the bill will go through the
consideration of amendments. This is where the house of lords makes any changes to the bill, then the bill has to go back to the house of commons so
they can approve it before it goes to the queen. However, if both houses cannot come to any agreement, the house of commons will get the say, because
they have more power than the house of lords. Finally, the last stage is Royal Assent, where the crown formally assents to the bill in order for it to
become a law.
Orders in council are used for a range of different reasons for example transferring obligations between government departments. The Queen and the
privy council have authority to make orders in council that affect the whole country. This way it doesn't have to go through government. The privy
council are a group of senior politicians. An example of this was the petrol strike in 2000. This was when there was a fast moving protest about the
price of petrol and deasil, this cause a panic to the community about buying petrol from stations, so they tried to preserve fuel
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Why Study Law Essay
Why study law? I think law is a course where you can practice practical skills and gain other skills too. Law is human rights; it is solving people's
problems and getting to know what people go through. Firstly I want to study law because of the injustices that still exist in the world we are in and
it bothers me a lot. I want to be the one that can change it. I want to be the one that will help people and get them justice. I want to the society to be
equal and I want to fight for some human rights. I want to be a lawyer or an investigator in crime scenes because I love solving problems which are
between two people and think about which option is the best to set and go for. I am a good listener and I like taking risks. I want to be...show more
content...
I think studying abroad makes you gain some self confidence and know how to handle responsibilities by yourself. I will be able to rebuild my life
from scratch. I will get to meet different people who lead to different cultures and I will meet an entirely new culture. I will get to ask the friends I will
make about how is law back in their countries. How does their law differ from ours? I will be able to explore the world, the world that I yet didn't
see. I will get to see how education is in different countries and get to experience it. Being an international student will help meet other international
students and I will get to ask and see how cultures differ and what are their traditions are like. The steps I take are my future; I am the one who
move my feet towards the goal I want. It is what I want to be and what I will hopefully be. There isn't anyone who could stop me from being what or
who I want to become. Yes I will be alone and I will get lost a lot of times but that is part of rebuilding who I am. That'll teach me loads of things I
never knew and I will learn more about
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Definition And History Of Case Law Essay
Introduction
Within this assignment, the definition and history of case law will be clearly explained. Equity and custom will also be given a definition. It is
important to understand these definitions before discussing a few of the equitable maxims. A brief description about the jurisprudence of the European
Court of Human Rights and the impact it has will also be included in this assignment. In relation to case law, the European Courts of Justice and the
hierarchy of the courts will be discussed so a better understanding can be created about the role of case law.
Case Law
Case law can be described as the law that was produced by judges when deciding disputes in court. When judges are challenged with interpreting
statutes, they will look at similar cases from the past and apply the same law to the case brought before them today. James Holland defines case law as
"the term we use to describe the collection of all the legal principles emanating from all the reports cases on a given topic." Law created in this way is
also referred to as 'Common law'. Common law is law that is common to England and is applied throughout the country. Sir William Blackstone gave
his own definition of common law by stating that "common law, properly so called" is "unwritten law".
History of Common Law
"Before the Norman Conquest in 1066, there was no single system of law that was common to the whole of the country." Instead, there were different
systems of law, such as Wessex Law and
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Essay on The Roles and Functions of Law
The Roles and Functions of Law
LAW/421
September 9, 2012
The Roles and Functions of Law
The longest serving Supreme Court Judge William O Douglas most popular quotations is "Common sense frequently makes great law" This quote is
what laws are rules and regulations that make common sense is, and to enforced ethical decision. Laws help the public as well as keep many parts in
community. In business and society laws serve several roles and functions, and this paper will discuss those roles and functions.
Functions of Law
Law is defined as: "body of rules of actions or conducts determined by a regulating authority as well as having legal binding force" (Melvin, 2011
pg.18). Many people would define law is basically regulations as well...show more content...
The first type of law that will be discussed is criminal and civil laws. Criminal laws are a protection of society, and the violation of criminal laws
results in penalties to the violator such as fines and imprisonment. Example or criminal law would deal with the prosecution of a crime, such as one
person hitting another with their car. Civil law is the law through which private parties may bring lawsuits against one another for any wrongdoings. An
Example is if someone got into a car crash and gets injured they would sue the other party for monetary compensation (Melvin, 2011, pg.18).
Substantive and Procedural Law
Substantive laws provide individuals with rights and create certain duties. An example of substantive law is a breach of contract like a roofer did not
finish their job and it rained and cause roof damage. Procedural law Procedural law is a term used to describe a set of rules governing how all aspects
of a court case are conducted, including the event that occurs before, during, and after the trial. For example bankruptcy courts often have their own
unique rules for conducting a suit (WiseGeek.com).
Public and Private Laws
Public law is the framework of guidelines defining the relationship between the government and individuals, and private law is the guidelines through
which individuals or groups interact with one another (Bushman, 2007). An example of public law is speed limits are in place for public safety.
Examples of
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Breaking The Law Essay
Breaking The Law "If a law is unjust, a man is not only right to disobey it, he is obligated to do so" (Thomas Jefferson).The main guideline or law
for America is that everyone is free to have their own opinions about anything that seems of importance. However, when having an opinion leads
toward an issue more opposing to the laws of America, then there is a problem. The issue of going against laws instituted by the American government
has not been to big of a problem through the past years. Unfortunately with the new president in office, even before that, people have decided to take
matters into their own hands. While standing up for what you believe in or having a non–violent protest against a considered "unjust law or action" is
completely acceptable, becoming a criminal does nothing to help the situation. Standing up for what a person puts their trust in is something that has
kept America a great country thus far, but since people have turned to violence consequences need to be put into place. Going against the laws, even
an unjust law, does not excuse that the offender has done something wrong. Understandably, if such a law was put into action that caused great harm
to many people of America, it would be in the correct sense to try and put a stop to it. Consequences would, if needed, take place...show more content...
If a law is so corrupt that many people stand up against it then by all means it is acceptable. However, when it turns to violence and crime to prove a
point it should be punished however seemingly fit. The biggest law for America is that everyone has the right to their freedom but when they abuse
that freedom to turn to violence it makes it a crime. If people continue to act in such an unorderly manner a punishment will need to be put into action.
It is not acceptable to turn to crime in order to prove a point, because that is what discussion is
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Family Law Essay Topics

  • 1. Family Law Essays Family law Changes to family law as a response to changing values in the community/role of law reform in achieving just outcomes for family/ effectiveness of legal and non–legal responses in achieving just outcomes for family members The family law act 1975 introduced major change to divorce law on 14 grounds of infidelity, cruelty and desertion. In 1975 saw a major reform in family law, as the family law act introduced no fault divorce meaning that neither party were to blame for the breakdown of the marriage. One party had to tell the other and separate for a period of 12 months, then apply for an application with family law court for dissolution of the marriage. The change in law was a reaction to changing social values depicted from...show more content... If a couple can reach an agreement on how property is to be divided before going to court they can apply for a Consent Order. In New South Wales de facto couples can approach the District court to gain a property settlement Recent changes to law allow for the future needs of the de facto partners to be taken into account in property settlements. Problems can occur when partner hides property or sells property to friend at low price before the divorce. Domestic violence occurs between family members; married or de facto couples and or their children. There have been cases where women have been subject to domestic violence and have killed their spouse, (R.v Heather Osland 1996). 'Battered woman's syndrome' is a complex of psychological adaptations that lead women to kill, which can now be used as self–defence and provocation. The courts are becoming more willing to accept evidence of 'BWS' as a partial defence for murder, evidence of growing recognition by the law of the effects of domestic violence. Amendment to the Crimes act 1990 meant that children and adults would be protected from abuse. Legislative response to domestic violence was the creation of the Periodic Detention of Prisoners (domestic violence) Amendment act 1982 (weekend detentions for offenders). There have been significant amendments to the New South Wales legislation; the crimes act 1990 was amended in 1994 to make stalking and Get more content on HelpWriting.net
  • 2. What Law Means To Me Essay Law simply underlies our societies, it protects our rights, imposes duties on each of us, and establishes a framework for the conduct of almost every social, political, and economic activity. The punishment of crime, compensation of the injured, and the enforcement of contracts are merely some of the tasks of a modern legal system. It also strives to achieve justice, promote freedom, and protect our security. Law affects our everyday lives and impacts on almost every aspect of society, it gives innovative aspects of Law providing a valuable opportunity to develop more versatile skills and perspectives whilst achieving an honour degree, and will equip me with a broad foundation in legal principles, allowing me to progress into a career specialising in areas such as...show more content... In my opinion, this definition of Law could not be any clearer. However, many people still see the need to ignore these rules; whether by committing crimes and breaking the law or behaving in a deviant manner, but sure enough, I know since been a child, looking up to law–enforcers such as police officers has made me believe that Law is the backbone of our society, without it, everyday life would not be tolerable. Over centuries, Law has matured and has come to a stage where it provides and reinforces the greatest security and protecting it with all possible means as it can be. Although I didn't study Law as one of my subjects at school, but I do thoroughly enjoy reading about it online whenever possible and conversing about its important place in building societies, which is why I feel so eager to have my dream come true by studying Law at your most prestigious university, and nothing could be any better than studying Law at one of its most amazing establishments, The great UK, it literary means, ''I'm over the moon'' by accepting me as one of your most dedicated students whom you will make you forever Get more content on HelpWriting.net
  • 3. Application Of Rule Of Law Essay THEORETICAL APPLICATION OF RULE OF LAW IN INDIA The common law system of justice delivery has been adopted by India which owes its origins to British jurisprudence, the basis of which is the rule of law. According to Dicey, the Englishman does not need any form of written or administrative law to keep cheeks on the government but that the natural law and Rule of Law would be enough to ensure absence of excutive arbitrariness. While India also follows and accepts the concept of natural law, there are written and formal laws to ensure compliance. The Constitution of India intended for India to be a country governed by the rule of law. It provides that the constitution shall be the supreme power in the land and the legislative and the executive derive their authority from the constitution. Any law that is made by the legislative has to be in conformity with the Constitute failing which it will be declared invalid, this is provided for under Article 13 (1). Article 21 provides a further check against arbitrary executive action by stating that no person shall be deprived of his life or liberty except in accordance with the procedure established by law. Article 14 ensures that all citizens are equal and that no person shall be discriminated on the basis of religion, sex, race or place of birth, finally it ensures that there is separation of power between the three wings of the government, the executive and the legislature have no influence on the judiciary. By these Get more content on HelpWriting.net
  • 4. The Language Of The Law Essay The language of the law is noticeably contrasted from common use of language. Throughout our extensive history, legalese has usually been linked with the powerful and elite. The characteristics of courtroom language remain a specialised and distinctive genre of English, this shall be explored throughout this essay, also analysed are the constrictions this language places on society during court proceedings and the ever–growing alternative options such as mediation, to simplifying this commonly constricting formal institution. Mediation, as referred to by Eades, has grown and diversified, and often takes place away from courts, with the aim of the disputing parties to cooperate and compromise with the aid of a third party known as the mediator. It can have particular benefits in making for a more flexible and adaptable program ("Managing Differences in Mediation and Conciliation". 1999. p.2). In my view, mediation can in most cases be extremely productive, particularly advantageous in the way it seeks to minimise trouble faced with legal discourse and the constricting effects otherwise faced in court. The court system relies heavily upon an expansive discourse and pinpoint communication techniques in seeking to reveal the truth in a dispute. The distinct and atypical characteristics of spoken courtroom language certainly leave it open to be scrutinised but remains a necessity in today's society. Society in the most part when faced with the idea of legal language envisage Get more content on HelpWriting.net
  • 5. The Rule of Law Essay The rule of law is a difficult concept to grasp and proves elusive to substantive definition. However, the following work considers the attempts of various social and legal theorists to define the concept and pertinent authorities are considered. Attitudes and emphasis as to the exact shape, form and content of the rule of law differ quite widely depending on the socio–political perspective and views of respective commentators (Slapper and Kelly, 2009, p16), although there are common themes that are almost universally adopted. The conclusions to this work endeavour to consolidate thinking on the rule of law in order to address the question posed in the title, which is at first sight a deceptively simple one. The rule of law Modern...show more content... Slapper and Kelly postulate that: "the 'rule of law' represents a symbolic ideal against which the proponents of widely divergent political persuasions measures and criticise the shortcomings of contemporary State practice." (Slapper and Kelly, 2009, p15) These commentators concede that the concept 'lacks precision' and that its meaning changes over time. Noted legal philosopher Joseph Raz accepted the necessity for State intervention in society and suggests that the rule of law is essentially a means of controlling, limiting and shaping the exercise of discretion in this intervention, rather than seeking to abolish it entirely (Raz, 1977, p195). Raz clearly appreciated the risks associated with the arbitrary and uncontrolled exercise of discretionary power and envisaged the principle of the rule of law as the primary safeguard against that threat. Many other writers appear to share the opinion expressed by Raz that the raison d'Đ“Đ„tre of the rule of law is to control the exercise of discretion, including Dicey, Hayek and Thompson, and to a lesser extent Unger and Weber. Dicey, for example, in his highly influential magnum opus, An Introduction to the Study of the Law of the Constitution, suggested that the rule of law is composed of three distinct and specific, but indivisible elements (Dicey, 1885, p179–201). These are: 1. An absence of arbitrary power in the hands of the State; 2. The supremacy of ordinary Get more content on HelpWriting.net
  • 6. Different Aspects Of Law Essay There are a lot of different aspects of law. Although Mrs. Holt's second period has only covered unit one of many, one can still see how complicated law is. From basic human rights, to lawmaking, to advocacy, from settling disputes and the court system, to lawyers themselves, just the tip of the Law–iceberg is enough to make someone want to freak out. What do human rights have to do with law? A lot, actually. Most laws are based off traditional morals of the world. For example, in Chapter One: Human Rights, human rights range from promoting fairness to protection the rights of the minority. In America's very own Bill of Rights, "Congress shall no law" restricting the freedom of speech, the press, to assembly, and to petition the ...show more content... Advocacy... the author can't think of any witty one–liners or even two–liners for this subject. Probably because standing up for something you belief isn't amusing. It's rather serious, voicing your opinions. There are many ways for someone to do so, from voting to drafting a bill, that's voicing one's opinions. Lobbyists, who professionally lobby powerful government officials to pass laws on their behalf. Mediation? Mediator? "Like, saying 'ohm,' or whatever." –Probably some Plastic from Mean Girls. And, no, it's not. It actually 'the act of resolving a dispute between two parties."– Chapter Four closed notes. It's one of many, actually. First is Informal talk, and is not only informal and basic, but isn't legally binding. Next is negotiation, which is exactly what it sounds like, a negotiation between the two parties. Afterwards is mediation, then arbitration. And arbitration is 'a way of settling a dispute without going to trial,' though the arbitration is binding and overseen by a third party, an Ombudsperson(chapter four closed notes). Speaking of court, there are several things that one needs to know about the basic court system. One being the fact that the injured party in a civil case is the plaintiff, while the defending party in both civil and criminal cases is called a defendant. The prosecutor for criminal cases is, well, the prosecutor. Most criminal cases aren't that exciting because the criminal uses the Plea Bargain, or Get more content on HelpWriting.net
  • 7. Law School Essay Law School Perhaps one of the most difficult aspects of the practice of law is learning to be a lawyer. Virtually every new lawyer today is a graduate of law school, a much dreaded, but fulfilling journey to practicing law. Modern law schools differ greatly from their earlier counterpart, in that many more requirements and responsibilities exist. In colonial times, students pursuing a career in law would enter institutions for instruction of the law, and would automatically become qualified to practice law in the courts after a few years of study. Today, however, becoming a lawyer takes much more training, rigorous work and effort, and many years of studying in order to take a bar exam of which passage represents qualification....show more content... These sections include logical reasoning, analytical reasoning, reading comprehension, a writing sample, and an experimental section, which does not count toward the final score of the law school applicant. The writing sample is not scored either, but it is sent to every law school to which an aspiring law student applies. Law schools usually do not use it as a significant part of the admissions process. Admission requirements of prestigious schools in the United States differ greatly with those of the less prominent. As written by the Dean of Admissions at Stanford Law School: "Admission to Stanford Law School is based primarily upon superior academic achievement and potential to contribute to the development and practice of the law. Competition is severe: the 178 members of the Class of 2002 were selected from among 4,000 applicants, and most were drawn from the upper 5 percent of their undergraduate class and the upper 5 percent of the LSAT pool. The class that entered in 1999 numbered 93 women and 85 men, over half of whom had been out of college for two or more years." In contrast, other less–prominent law schools around the nation do not present nearly as strict requirements for applicants. In evaluating individual files, the faculty of any law school considers the record of both undergraduate and graduate education, and the applicant's talents, nonacademic experience, and Get more content on HelpWriting.net
  • 8. What Does Law Mean To You Essay What Does The Law Mean To You? In spite of the fact that we as a whole have a comprehension of what law is, and by and large why it's suitable that it ought to be set up to serve and direct our behaviour in the public eye, we sometimes consider what law really implies in a regular setting. What is law for the regular person in the road? How does law sway on our lives from every day? Without a doubt, is the law a far off idea with which we think that its difficult to relate? In this article we will take a gander at a portion of the principal ways law works in the public arena, notwithstanding the way of the law as we probably am aware it. For some individuals, they feel just as the law is there simply to ensure their interests, and that they have no requirements for every day collaboration. In any case,...show more content... Law is an altogether more refined instrument in the arrangement of the everyday association of society, through controlling individual behaviour as well as the way we act in business circumstances. Take for instance the ordinary errand of boarding a train. The law directs numerous parts of this accomplishment: (1) the criminal law and the constitution licenses us to board open transport. (2) The constitution grants us to make contract with another. (3) The laws of agreement grant us to frame an agreement for transport with the train organization, and guarantee that that agreement is satisfied. (4) The laws of agreement and tort permit us to board without apprehension of damage, or with cure ought to the most noticeably awful happen. At long last the law of possession and coin permits us to hand over cash in thought for this administration, which is of worth to the next contracting party. Actually, the law controls pretty much all that we do, and is imperative in doing as such to guarantee the smooth running of group and each part of our Get more content on HelpWriting.net
  • 9. Law School Reflection Before the A–S–3900 class started I had absolutely no clue about law school I just knew I wanted to be a lawyer. So far, this semester I have learned that law school is hard to gain acceptance. I wasn't aware that the LSAT isn't based on your knowledge of the law. I've researched the law schools I want to attend and their requirements, I will not let my fear stop me from being a lawyer. I also had the opportunity to take a practice exam, which helped me figure out what areas I need to study before taking the actual test. A lot of the presenters were awesome, and the Michigan state presentation changed my perspective on law school, the presenter made it seem like law school is an amazing place to be and anyone can make it. Although I fear of a lot of debt and failure, I'm going to still pursue the career of a defense attorney. I had no clue of what I was going to be learning this semester, but I had a clue of what I wanted to learn. I thought this class was about having mock law classes and debates, but I'm happy that it wasn't because I was able to learn so many new and important things this semester. I have a different perspective of law school after taking this course. While taking this course I learned how hard and important law school stands. Something that still stands out in law school is the student's age range from 21+, I appreciate the diversity that is offered. Another thing that stood out was a lot of other students didn't like this course, but it's effective, it will help you decide whether you want to go to law school. Making the decision to go to law school is difficult and important, especially when it comes to the levies you have in order to apply for law school. Honestly, before this course, I had never thought about why I wanted to go to law school or what pushed me into wanting this career, but when I did, it made me think more about if I actually really want to go to law school. Since this course has started, I felt like I was out of place and I didn't want to attend law school anymore. Although I shouldn't base my opinion on what others have encountered, I did. I heard law school was too difficult for me to take on, but now I have done some thinking and I believe I should at least try to Get more content on HelpWriting.net
  • 10. The Law-Making Process Laws are the foundation of our society, they keep citizens safe and preserve our individual freedoms. Before a law is enacted it must start out as a bill. Each bill has an extensive process it must go through to become a law of the United States of America. This process of approval ensures that those three different parts of government agree on the bill before it becomes a law. In order to become law, a bill needs to be approved by the House of Representatives, the Senate, and the President of the United States. The law–making process, or Legislative process, can be broken into two basic steps, proposition and approval. These steps are the traditional and basic steps. As time went on, these steps have been altered and changed. A bill ...show more content... The bill is brought up to either the House of Representatives or the Senate first, the house of Congress that views the bill first does not necessarily matter and either can occur. As USA.gov states, "Once a bill is introduced, Representatives or Senators will meet in small groups to discuss, research or make changes to it" (USA). This shows that a bill can go to either house of Congress first, and once there the bill is discussed again and possibly amended. If the bill were to go to the House of Representatives first, they would send it to the "House Committee on Rules" (Krutz 435), where the parameters for debate would be set, such as length and amendments. After the committee sets the regulations on debate, it is sent to the House of Representatives floor where any debate and amendments occur. Once any possible amendments are made, the bill is voted on by the House of Representatives where it would need the Majority plus one to pass. If the bill were to be passed it would then move on to the Senate. As votesmart.org states "[In the Senate] debate is unlimited unless cloture is invoked. Members can speak as long as they want and amendments need not be germane" (VoteSmart). This shows that once a bill reaches the Senate there is unlimited debate on it. This also shows that any amendment made does not have to pertain directly to the bill at hand, unlike the House of Representatives. The Senate has a special power that they can perform called a Get more content on HelpWriting.net
  • 11. Reflective Essay On Law Upon entering this class, I had a skeptical mind on what law was. We believed law as a superior, overpowering, and controlling way of life. We had negative thoughts towards the law, and only expected negative results because of it. While being in this class this semester, my mind was opened and because of it I allowed a better understanding of law into my lifestyle. I realized that what I say may have repercussions as well as negatively damage my business. Some of the BLAW subjects that will help me to grow in my career as well as an everyday consumer I will discuss throughout this assignment. As a Sophomore in college, we are still considered the "newbies" of the University. Some of us are still trying to find our groove, while others are excelling at it. So being a Sophomore in this BLAW class, helped me realize that every course that I am taking is to better me for my career. I believe that BLAW is highly important when majoring in a business degree, simply because in our line of work it's common for us to be consumed by greed or make minor judgment mistakes to better the company that we're working for. BLAW creates this building block for you and how you must go about your work life to fully succeed. My future career includes hopefully becoming an officer in the United States Air Force, with my background as Business Major I hope to either become a Logistics Readiness Officer or a Contracting Officer. Both Air Force careers deal with the business franchise of the United Get more content on HelpWriting.net
  • 12. Law & Morality Essay Consider the view that there is a close relationship between law and morality. Examine the debate as to whether the law should reflect moral values, and discuss issues, which show the continuing importance of that debate. (30marks + 5 for AO3) A definition of law adapted from LB Curzon, Dictionary of Law states " the law is a set of rules which are binding among the people of a community or a state, so that they will be imposed upon and enforced among those persons by appropriate sanctions". The definition of morals given by Elliott and Quinn, Law for AQA state that "morals are beliefs and values which are shared by society, or a section of society; they tell those who share them what is right or wrong". There are many similarities...show more content... Prostitution is the act or practice of providing sexual services to another person in return for payment. In the United Kingdom, prostitution itself is not a crime, but soliciting in a public place, kerb crawling, owning or managing a brothel, pimping and pandering, are crimes. In England and Wales and in Northern Ireland it is an offence to pay for sex with a prostitute who has been "subjected to force" and this is a strict liability offence and clients can be prosecuted even if they didn't know the prostitute was forced. It is illegal to buy sex from a person younger than 18, although the age of consent for non–commercial sex is 16. Section 53A of the Sexual Offences Act 2003 creates the offence of "paying for sexual services of a prostitute subjected to force etc.", which is a strict liability offence. This section was inserted on 1 April 2010 by section 14 of the Policing and Crime Act 2009. It is an offence for a person persistently to loiter or solicit in a street or public place for the purpose of prostitution. This offence is created by section 1(1) of the Street Offences Act 1959 as amended by section 16 of the Policing and Crime Act 2009. It prohibits street prostitution. The term "prostitute" is defined for the purposes of sections 48 to 50 and 52 and 53 of the Sexual Offences Act 2003, and for the purposes of section Get more content on HelpWriting.net
  • 13. The Sources of English Law Essay example The Sources of English Law In UK there are three main sources of English law, Legislation (Statue Law), Common Law (Judge–made Law) and the European Communities law. English Law was historically based on customs and social traditions. Today Custom Law is a part of Common Law, notably being in cases where there was no judicial precedent but which were known to exist since time memorial (i.e. since 1189). Many of these laws such as the Fisherman's Case (1894) 2 East PC 661( http://wilmington.butterworths.co.uk/citator–0 /Citator.ASP?WCI=tmpSearch&WCE=Form&WCU=) in criminal law and Beckett Ltd v. Lyons [1967] 1 All ER 833 the law of user in Land Law are still good law. Custom law can still be used...show more content... Parliament can delegate the power to legislate to various bodies such as local authorities, the Crown and ministers. Delegated legislation has same legal force and effect as the Act of Parliament. The advantages of delegated legislation are: time saving, access to particular expertise and, flexibility. On the other hand it can be a disadvantage due to lack of accountability and effective scrutiny as it can erode the constitutional powers of the Parliament. Another major source of law comes from judges deciding cases before them, also referred to as Case Law. Judges use various rules to interpret legislation and the intention of the Parliament. For example, in the case of Royal College of Nursing v. DHSS [1981] 1 All ER 545, three judges gave their judgment using the mischief rule and two judges used the literal rule to interpret the Abortion Act 1967, and the intention of the Parliament (173 and 174 Slapper G. and Kelly D. The English Legal System (5th Edition), (2001) Cavendish Publishing Ltd, London, Sydney). One example of when judges have actually made new law is the case of R v. R [1994] 4 All ER 48 decided in the House of Lords. The court re–interpreted the legislation so that a husband could be found guilty of raping his wife. 'Stare decisis' or binding precedent is at the heart of the English legal system and case law is particularly dependent on it. It refers to Get more content on HelpWriting.net
  • 14. Law Commission Essay As a body the law commission is an independent, permanent and full time organisation where their aim is to improve the law by making suggested changes and brings it up to date. The law commission was created by the law commission act of 1965. In the law commission there are five commissioners. There is one chairman/women who is a high court judge and four others which can be either legal academics and/or practicing barristers who are both trained to a high standard. There are three ways that they try to modernise the law, by codification where they bring together a particular topic to one act of parliament. Examples of this includes Draft Criminal Code Act 1989, Murder and Homicide Act 2006 and the Coroners and Justice Act 2009. Consolidation...show more content... Where they will go through the same process as to the House of Commons, but, when they have done the third reading the bill will go through the consideration of amendments. This is where the house of lords makes any changes to the bill, then the bill has to go back to the house of commons so they can approve it before it goes to the queen. However, if both houses cannot come to any agreement, the house of commons will get the say, because they have more power than the house of lords. Finally, the last stage is Royal Assent, where the crown formally assents to the bill in order for it to become a law. Orders in council are used for a range of different reasons for example transferring obligations between government departments. The Queen and the privy council have authority to make orders in council that affect the whole country. This way it doesn't have to go through government. The privy council are a group of senior politicians. An example of this was the petrol strike in 2000. This was when there was a fast moving protest about the price of petrol and deasil, this cause a panic to the community about buying petrol from stations, so they tried to preserve fuel Get more content on HelpWriting.net
  • 15. Why Study Law Essay Why study law? I think law is a course where you can practice practical skills and gain other skills too. Law is human rights; it is solving people's problems and getting to know what people go through. Firstly I want to study law because of the injustices that still exist in the world we are in and it bothers me a lot. I want to be the one that can change it. I want to be the one that will help people and get them justice. I want to the society to be equal and I want to fight for some human rights. I want to be a lawyer or an investigator in crime scenes because I love solving problems which are between two people and think about which option is the best to set and go for. I am a good listener and I like taking risks. I want to be...show more content... I think studying abroad makes you gain some self confidence and know how to handle responsibilities by yourself. I will be able to rebuild my life from scratch. I will get to meet different people who lead to different cultures and I will meet an entirely new culture. I will get to ask the friends I will make about how is law back in their countries. How does their law differ from ours? I will be able to explore the world, the world that I yet didn't see. I will get to see how education is in different countries and get to experience it. Being an international student will help meet other international students and I will get to ask and see how cultures differ and what are their traditions are like. The steps I take are my future; I am the one who move my feet towards the goal I want. It is what I want to be and what I will hopefully be. There isn't anyone who could stop me from being what or who I want to become. Yes I will be alone and I will get lost a lot of times but that is part of rebuilding who I am. That'll teach me loads of things I never knew and I will learn more about Get more content on HelpWriting.net
  • 16. Definition And History Of Case Law Essay Introduction Within this assignment, the definition and history of case law will be clearly explained. Equity and custom will also be given a definition. It is important to understand these definitions before discussing a few of the equitable maxims. A brief description about the jurisprudence of the European Court of Human Rights and the impact it has will also be included in this assignment. In relation to case law, the European Courts of Justice and the hierarchy of the courts will be discussed so a better understanding can be created about the role of case law. Case Law Case law can be described as the law that was produced by judges when deciding disputes in court. When judges are challenged with interpreting statutes, they will look at similar cases from the past and apply the same law to the case brought before them today. James Holland defines case law as "the term we use to describe the collection of all the legal principles emanating from all the reports cases on a given topic." Law created in this way is also referred to as 'Common law'. Common law is law that is common to England and is applied throughout the country. Sir William Blackstone gave his own definition of common law by stating that "common law, properly so called" is "unwritten law". History of Common Law "Before the Norman Conquest in 1066, there was no single system of law that was common to the whole of the country." Instead, there were different systems of law, such as Wessex Law and Get more content on HelpWriting.net
  • 17. Essay on The Roles and Functions of Law The Roles and Functions of Law LAW/421 September 9, 2012 The Roles and Functions of Law The longest serving Supreme Court Judge William O Douglas most popular quotations is "Common sense frequently makes great law" This quote is what laws are rules and regulations that make common sense is, and to enforced ethical decision. Laws help the public as well as keep many parts in community. In business and society laws serve several roles and functions, and this paper will discuss those roles and functions. Functions of Law Law is defined as: "body of rules of actions or conducts determined by a regulating authority as well as having legal binding force" (Melvin, 2011 pg.18). Many people would define law is basically regulations as well...show more content... The first type of law that will be discussed is criminal and civil laws. Criminal laws are a protection of society, and the violation of criminal laws results in penalties to the violator such as fines and imprisonment. Example or criminal law would deal with the prosecution of a crime, such as one person hitting another with their car. Civil law is the law through which private parties may bring lawsuits against one another for any wrongdoings. An Example is if someone got into a car crash and gets injured they would sue the other party for monetary compensation (Melvin, 2011, pg.18). Substantive and Procedural Law Substantive laws provide individuals with rights and create certain duties. An example of substantive law is a breach of contract like a roofer did not finish their job and it rained and cause roof damage. Procedural law Procedural law is a term used to describe a set of rules governing how all aspects of a court case are conducted, including the event that occurs before, during, and after the trial. For example bankruptcy courts often have their own unique rules for conducting a suit (WiseGeek.com). Public and Private Laws Public law is the framework of guidelines defining the relationship between the government and individuals, and private law is the guidelines through which individuals or groups interact with one another (Bushman, 2007). An example of public law is speed limits are in place for public safety. Examples of
  • 18. Get more content on HelpWriting.net
  • 19. Breaking The Law Essay Breaking The Law "If a law is unjust, a man is not only right to disobey it, he is obligated to do so" (Thomas Jefferson).The main guideline or law for America is that everyone is free to have their own opinions about anything that seems of importance. However, when having an opinion leads toward an issue more opposing to the laws of America, then there is a problem. The issue of going against laws instituted by the American government has not been to big of a problem through the past years. Unfortunately with the new president in office, even before that, people have decided to take matters into their own hands. While standing up for what you believe in or having a non–violent protest against a considered "unjust law or action" is completely acceptable, becoming a criminal does nothing to help the situation. Standing up for what a person puts their trust in is something that has kept America a great country thus far, but since people have turned to violence consequences need to be put into place. Going against the laws, even an unjust law, does not excuse that the offender has done something wrong. Understandably, if such a law was put into action that caused great harm to many people of America, it would be in the correct sense to try and put a stop to it. Consequences would, if needed, take place...show more content... If a law is so corrupt that many people stand up against it then by all means it is acceptable. However, when it turns to violence and crime to prove a point it should be punished however seemingly fit. The biggest law for America is that everyone has the right to their freedom but when they abuse that freedom to turn to violence it makes it a crime. If people continue to act in such an unorderly manner a punishment will need to be put into action. It is not acceptable to turn to crime in order to prove a point, because that is what discussion is Get more content on HelpWriting.net