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The Ethics Of The Law Essay
When it comes to large sums of money, it is not uncommon for the spender to feel they have been
ripped off or become over protected. The practice of law is no exception to this phenomenon, and
crocked lawyers and paralegals have negatively contributed to the notion. On several occasions law
professionals have taken client money for personal use, acting against the law and rules of
professional conduct. Although lawyers and paralegals have their own individual rules and
guidelines to abide by, they follow the same professional structure of proper conduct. The rules of
conduct for paralegals is governed by the Law Society of Upper Canada and is the governing body
responsible for reports of misconduct. Further investigations will lay out the proper procedures
and tasks that must be completed when a paralegal encounters an accusations of misconduct,
specifically when a client accuses a paralegal of misappropriating money from the clients trust
fund. When it comes to possible options it is important to remember that by proactively sending a
report of the circumstance to the Law Society of Upper Canada with a detailed list of events,
bookkeeping and accounts billed to the client will help your case prior to the client reporting you to
the Law Society. Should a paralegal choose to ignore the threat of the client, in hopes that the client
will not follow through with higher involvement, the paralegal will then face an audit by the Law
Society. If the Law Society is apprised that the
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Essay on Labour Law
Labour law also known as employment law deals with the body of laws, administrative rulings and
precedents which addresses the legal rights of and restrictions on working people and their
organizations1. The direct function of labour law is that it deals with the rules governing
employment relationship. Labour law functions through the role accorded by common law,
legislation and is helped also by the extra legal sources such as the customs and collective
bargaining. Labour law is divided in to two broad categories namely collective and individual labour
law. Collective labour law deals with the relationship concerning employer, employee and the trade
unions, however the individual labour law deals with the rights of employees contact and...show
more content...
Regulation 13 of the working time regulation states that a worker is entitled to four weeks annual
paid leave each year. So as the working time regulation came in implementation another issue
arose that was of the delay in implementation of the directive by the united kingdom and hence the
issue was weather it could be relied upon in between the intervening period. However the
procedure of relying upon the directive is through the process of vertical direct effect and it could
only be relied upon when the deadline for the implementation of directive has passed. This question
was placed and answered in the case of Gibson v east riding of Yorkshire and it was stated that in
order to be relied upon the directive has to be clear and precise. Hence it was held that art 7 of the
directive was not clear and precise as it did not clearly state the length of time required for a worker
to work in order to be eligible for the annual leave.
Further another issue which was brought up was the unauthorized deduction of wages by the
employer. Sec 13 of the employment rights act 1996 states that claim for any unauthorized
deduction by the employer can be made with in three months of the deduction and further sec
23(3) states that the time limit for three months starts from the last unauthorized deduction made.
However in the case of list design group v Douglas and other a worker was allowed to bring claim
for non payment of holiday pay by the employer over a two year period. It was
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Indigenous Law
The Government's main premise was that Indigenous people must be taught to waive their cultural
responses, for example the law, in exchange for the white law, its protections and prosecutions (van
Krieken 2012). Eventually resulting in Indigenous cultural traditions to be replaced with white
traditions, such as living in towns, being employed and working, as well as following Christian
beliefs and values (Ramsland 2004). By using the law it assisted in the assimilation progression. In
order for the law to function successfully in reference to Indigenous people, the Government claimed
that Indigenous people needed to be committed to the law, and submit themselves in it. To submit the
Indigenous people into the law, Hasluck used two main notions. Firstly, displaying that if they
submit themselves into the law that the law will protect them (van Krieken 2012). Secondly,
showing that the law was equal to white people and Indigenous people. This notion demonstrated
equality within the law for Indigenous people (van Krieken 2012). The government believed if they
submitted themselves into the law he...show more content...
Whites made all the policies that were emplaced, Indigenous people had no say and were never
consulted during the process of assimilation. Today the Stolen Generation refers to 'the mass removal
of Australian Aboriginal children from their families by Government agencies and church missions
between 1900 and 1972.' The effects of the Stolen Generation have devastatingly destructed
Indigenous spirituality. The separation from the land resulted in loss of identity. The separation from
their people resulted in loss of language, resulting in their belief system being destroyed. Today
Indigenous people are left feeling homeless, displaced and disconnected from their identity and
spirituality that is connected to the Dreaming (Ellinghaus
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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 lessā€“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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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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The Role Of Law Essay
The Role of Law Law is a system or collection of "principles and regulations established in a
community by some authority and applicable to its people." (Dictionary.com) In the past, people
viewed law as an unchanging factor that was a part of the natural order of life. Today, most
lawmakers view law as a flexible instrument that can be used to accomplish a chosen purpose. "One
strength of this instrumentalist attitude is its willingness to adapt the law to further the social good.
A weakness, however, is the legal instability and uncertainty those adaptations often produce."
(Mallor, 2007) A few of the most important functions and roles of laws are to peaceably settle
disputes, check government power, serve the economy and society, and...show more content...
Contracts allow people to enter into an agreement knowing that the agreement is enforceable by
law and the other party can be sued for breach of contract if their end of the agreement is not
fulfilled or honored. "The essence of a contract is that it is a legally enforceable promise or set of
promises." (Mallor, 2007) The contract laws are essential to this modern industrialized society. No
one would want to invest money into the building of a business if there was no assurance that the
contractor would finishing the building or the suppliers will supply what was agreed upon. These
laws can protect business investments just as it can protect individual investments or contracts. The
policy against restrictions on free competition is the basis for the antitrust statutes. "If the sole
purpose of an agreement is to restrain competition, it violates public policy and is illegal." (Mallor,
2007) There are some competition restrictions that serve legitimate business interests and are
enforced, but are scrutinized very closely by the courts. The antitrust laws were led by "public
demands for legislation to preserve competitive market structures and prevent the accumulation of
great economic power in the hands of a few firms." (Mallor, 2007) Large businesses were
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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 (Judgeā€“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/citatorā€“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 reā€“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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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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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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Sources of Law
3/25/2010
ŠæŠƒŠ…
Every lawyer needs to know where to find the Law, in relation to a particular issue, when he needs
it. Hence, it is vital for the lawyer operating in a specific legal system to know what the sources of
law are in that system.
ŠæŠƒŠ…
1
3/25/2010
Material Sources of Law Formal
Historical Legislation Caseā€“Law Custom
Legislation
A body of binding rules of Law
Constitution
Primary Legislation
Subsidiary Legislation
2
3/25/2010
THE CONSTITUTION
3
3/25/2010
ŠæŠƒŠ…
Supreme Law of the Land Section 2 of the Constitution:
"This Constitution is the supreme law of Mauritius, and if any other law is inconsistent with this
Constitution, that other law shall, to the extent of the...show more content...
In Dlamini v The State [2000] 2 LRC 239, at para 74, the Constitutional Court very aptly observed:
Š²Š‚Ń›what is of importance is that the grant or refusal of bail is under judicial control, and judicial
officers have the ultimate decision as to whether or not, in the circumstances of a particular case,
bail should be granted.Š²Š‚ŃŸ
The Privy Council observed: "From the provisions of the propositions can be deduced.
ŠæŠƒŠ…
Constitution
the
following
First, Mauritius is a democratic state constitutionally based on the rule of law. Secondly, subject to
its specific provisions, the Constitution entrenches the principle of the separation of powers between
the legislature, the executive, and the judiciary. Under the Constitution one branch of State may not
trespass upon the province of
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Law School Reflection
Before the Aā€“Sā€“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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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
nonā€“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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Law Essay Topics

  • 1. The Ethics Of The Law Essay When it comes to large sums of money, it is not uncommon for the spender to feel they have been ripped off or become over protected. The practice of law is no exception to this phenomenon, and crocked lawyers and paralegals have negatively contributed to the notion. On several occasions law professionals have taken client money for personal use, acting against the law and rules of professional conduct. Although lawyers and paralegals have their own individual rules and guidelines to abide by, they follow the same professional structure of proper conduct. The rules of conduct for paralegals is governed by the Law Society of Upper Canada and is the governing body responsible for reports of misconduct. Further investigations will lay out the proper procedures and tasks that must be completed when a paralegal encounters an accusations of misconduct, specifically when a client accuses a paralegal of misappropriating money from the clients trust fund. When it comes to possible options it is important to remember that by proactively sending a report of the circumstance to the Law Society of Upper Canada with a detailed list of events, bookkeeping and accounts billed to the client will help your case prior to the client reporting you to the Law Society. Should a paralegal choose to ignore the threat of the client, in hopes that the client will not follow through with higher involvement, the paralegal will then face an audit by the Law Society. If the Law Society is apprised that the Get more content on HelpWriting.net
  • 2. Essay on Labour Law Labour law also known as employment law deals with the body of laws, administrative rulings and precedents which addresses the legal rights of and restrictions on working people and their organizations1. The direct function of labour law is that it deals with the rules governing employment relationship. Labour law functions through the role accorded by common law, legislation and is helped also by the extra legal sources such as the customs and collective bargaining. Labour law is divided in to two broad categories namely collective and individual labour law. Collective labour law deals with the relationship concerning employer, employee and the trade unions, however the individual labour law deals with the rights of employees contact and...show more content... Regulation 13 of the working time regulation states that a worker is entitled to four weeks annual paid leave each year. So as the working time regulation came in implementation another issue arose that was of the delay in implementation of the directive by the united kingdom and hence the issue was weather it could be relied upon in between the intervening period. However the procedure of relying upon the directive is through the process of vertical direct effect and it could only be relied upon when the deadline for the implementation of directive has passed. This question was placed and answered in the case of Gibson v east riding of Yorkshire and it was stated that in order to be relied upon the directive has to be clear and precise. Hence it was held that art 7 of the directive was not clear and precise as it did not clearly state the length of time required for a worker to work in order to be eligible for the annual leave. Further another issue which was brought up was the unauthorized deduction of wages by the employer. Sec 13 of the employment rights act 1996 states that claim for any unauthorized deduction by the employer can be made with in three months of the deduction and further sec 23(3) states that the time limit for three months starts from the last unauthorized deduction made. However in the case of list design group v Douglas and other a worker was allowed to bring claim for non payment of holiday pay by the employer over a two year period. It was Get more content on HelpWriting.net
  • 3. Indigenous Law The Government's main premise was that Indigenous people must be taught to waive their cultural responses, for example the law, in exchange for the white law, its protections and prosecutions (van Krieken 2012). Eventually resulting in Indigenous cultural traditions to be replaced with white traditions, such as living in towns, being employed and working, as well as following Christian beliefs and values (Ramsland 2004). By using the law it assisted in the assimilation progression. In order for the law to function successfully in reference to Indigenous people, the Government claimed that Indigenous people needed to be committed to the law, and submit themselves in it. To submit the Indigenous people into the law, Hasluck used two main notions. Firstly, displaying that if they submit themselves into the law that the law will protect them (van Krieken 2012). Secondly, showing that the law was equal to white people and Indigenous people. This notion demonstrated equality within the law for Indigenous people (van Krieken 2012). The government believed if they submitted themselves into the law he...show more content... Whites made all the policies that were emplaced, Indigenous people had no say and were never consulted during the process of assimilation. Today the Stolen Generation refers to 'the mass removal of Australian Aboriginal children from their families by Government agencies and church missions between 1900 and 1972.' The effects of the Stolen Generation have devastatingly destructed Indigenous spirituality. The separation from the land resulted in loss of identity. The separation from their people resulted in loss of language, resulting in their belief system being destroyed. Today Indigenous people are left feeling homeless, displaced and disconnected from their identity and spirituality that is connected to the Dreaming (Ellinghaus Get more content on HelpWriting.net
  • 4. 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 lessā€“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
  • 5. 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
  • 6. The Role Of Law Essay The Role of Law Law is a system or collection of "principles and regulations established in a community by some authority and applicable to its people." (Dictionary.com) In the past, people viewed law as an unchanging factor that was a part of the natural order of life. Today, most lawmakers view law as a flexible instrument that can be used to accomplish a chosen purpose. "One strength of this instrumentalist attitude is its willingness to adapt the law to further the social good. A weakness, however, is the legal instability and uncertainty those adaptations often produce." (Mallor, 2007) A few of the most important functions and roles of laws are to peaceably settle disputes, check government power, serve the economy and society, and...show more content... Contracts allow people to enter into an agreement knowing that the agreement is enforceable by law and the other party can be sued for breach of contract if their end of the agreement is not fulfilled or honored. "The essence of a contract is that it is a legally enforceable promise or set of promises." (Mallor, 2007) The contract laws are essential to this modern industrialized society. No one would want to invest money into the building of a business if there was no assurance that the contractor would finishing the building or the suppliers will supply what was agreed upon. These laws can protect business investments just as it can protect individual investments or contracts. The policy against restrictions on free competition is the basis for the antitrust statutes. "If the sole purpose of an agreement is to restrain competition, it violates public policy and is illegal." (Mallor, 2007) There are some competition restrictions that serve legitimate business interests and are enforced, but are scrutinized very closely by the courts. The antitrust laws were led by "public demands for legislation to preserve competitive market structures and prevent the accumulation of great economic power in the hands of a few firms." (Mallor, 2007) Large businesses were Get more content on HelpWriting.net
  • 7. 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 (Judgeā€“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/citatorā€“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 reā€“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
  • 8. 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
  • 9. 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
  • 10. Sources of Law 3/25/2010 ŠæŠƒŠ… Every lawyer needs to know where to find the Law, in relation to a particular issue, when he needs it. Hence, it is vital for the lawyer operating in a specific legal system to know what the sources of law are in that system. ŠæŠƒŠ… 1 3/25/2010 Material Sources of Law Formal Historical Legislation Caseā€“Law Custom Legislation A body of binding rules of Law Constitution Primary Legislation Subsidiary Legislation 2 3/25/2010 THE CONSTITUTION 3 3/25/2010 ŠæŠƒŠ…
  • 11. Supreme Law of the Land Section 2 of the Constitution: "This Constitution is the supreme law of Mauritius, and if any other law is inconsistent with this Constitution, that other law shall, to the extent of the...show more content... In Dlamini v The State [2000] 2 LRC 239, at para 74, the Constitutional Court very aptly observed: Š²Š‚Ń›what is of importance is that the grant or refusal of bail is under judicial control, and judicial officers have the ultimate decision as to whether or not, in the circumstances of a particular case, bail should be granted.Š²Š‚ŃŸ The Privy Council observed: "From the provisions of the propositions can be deduced. ŠæŠƒŠ… Constitution the following First, Mauritius is a democratic state constitutionally based on the rule of law. Secondly, subject to its specific provisions, the Constitution entrenches the principle of the separation of powers between the legislature, the executive, and the judiciary. Under the Constitution one branch of State may not trespass upon the province of Get more content on HelpWriting.net
  • 12. Law School Reflection Before the Aā€“Sā€“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
  • 13. 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 nonā€“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