State Liability for Public Service Faults
Law case study - 5 pages - Administrative law
The Council of State's jurisprudence on the liability of public persons for damages caused by public services, including police activities and emergency rescue services.
Criminal Law Fundamentals: Principles and Responsibilities Explained
Course material - 69 pages - Criminal law
Unlock the complexities of criminal law with our comprehensive resource, exploring the fundamental principles and latest developments in the field. Discover how the principle of legality influences strict interpretation and non-retroactivity, and understand the evolving landscape of criminal...
Mayor's Decree Prohibiting Parking on Communal Road
Law case - 3 pages - Administrative law
The Administrative Court of Toulouse ruled on the legality of a mayor's decree prohibiting parking on a communal road, analyzing the receivability of the defense brief and the formal and material irregularity of the administrative police measure.
Council of State Upholds Ban on Conference Threatening Human Dignity: Freedom of Expression vs. Public Order.
Law case - 6 pages - Administrative law
Unlock the nuances of municipal police power and freedom of expression with our comprehensive document. Discover how the Council of State's decision on March 4, 2023, sets a precedent in balancing public order and individual rights. Learn about the critical role of respecting human dignity in...
Protecting the Lawyer's Professional Secrecy: Balancing Criminal Procedure and Confidentiality"
Summary - 2 pages - Law's history and philosophy
Discover the critical importance of lawyer's professional secrecy in maintaining trust and ensuring the proper functioning of justice. Learn how this fundamental principle is legally protected at both national and European levels, and the challenges it faces from increasing regulatory...
British legal system
Course material - 7 pages - Civil law
Law evolved from Roman law and Canon Law (the legal system created by the church), creating both singular and common law, then Napoleon used them to create his code civil in 1804. He was also inspired by local law. The Code civil is already the biggest achievement for French legislation, in force...
An unmanageable case-management quandary
Essay - 3 pages - Administrative law
As with any organization difficulties in productivity effectiveness and efficiency occur when increases. These difficulties include tasks that arise and need to be resolved. The criminal justice court system is no different. Time management of cases to be tried and reviewed cause backlogs within...
Justice and Politics
Essay - 7 pages - Political life and election
Governing is about keeping the balances of justice equal for all'. These are the words of former American President Franklin Delano Roosevelt and it illustrates quite clearly a deep and indistinctable aspect of what Justice is supposed to be. Equal, fair and the same for everyone, no matter...
English legal system: The Sources of English Law
Course material - 87 pages - Constitutional law
The judicial decisions are the first to be found to develop a system. Today, they are still influencing the system as a whole. Judicial decisions have a weight that their continental counter part does not have. In England, under certain requirements, decisions are biding the judge with the...
Courtroom standards analysis
Case study - 3 pages - Administrative law
The role of a Judge in a courtroom is very important. The Judge has many different responsibilities under his or her robe. A courtroom Judge is the person who signs the arrest warrants that permits an arrest to occur and the search warrants required for the Police to perform...
How Does the Constitutional Council Carry Out the Constitutional Review Under the Fifth Republic?
Essay - 5 pages - Constitutional law
The Constitutional Council is defined by the articles of Title VII of the 1958 Constitution. Its arrival in seventh position in the order is indicative of the lack of importance that the constitution grants it. The introduction of a jurisdiction in charge of priority preliminary rulings was...
Courts, unelected tyrants and public forums
Thesis - 7 pages - Administrative law
In 2000, during the American presidential elections, the role of the Supreme Court was highly contested. Indeed, it consists of a majority of judges appointed by republican presidents and it decided to stop counting the voices manually in contested towns in Florida and George Bush won the...
Judicial activism in Canada
Essay - 5 pages - Political science
In 1982, Canada has known a very significant shift with the adoption of the Charter of Right of Freedom. Before this date, Canada only had a Bill of Rights (1960's) which was a statute and did not allow the courts to restrict the action of the Parliament. But the 1982 Charter of Rights and...
The distinction between internalism and externalism about moral motivation. Does Smith's argument against externalism work? - published: 09/01/2009
Thesis - 4 pages - Psychology
Moral motivation and the way it functions have raised many theories, still debated today. There are two main theories under discussion; internalism and externalism about ethical motivation, both of them being central in the explanation of the mechanism that lies between moral judgements of an...
UK and French legal system : structural and conception differences
Case study - 6 pages - Civil law
The governing laws and its legal system in France and the United Kingdom have major differences, as each of the legal systems have and are based on various views. France is governed by the Constitution of 1958. All the French laws are based on this text. In the United Kingdom, the laws are based...
Judicial activism in Canada - publié le 15/01/2009
Essay - 5 pages - Political science
In 1982, Canada has known a very significant shift with the adoption of the Charter of Right of Freedom. Before this date, Canada only had a Bill of Rights (1960's) which was a statute and did not allow the courts to restrict the action of the Parliament. But the 1982 Charter of Rights and...
Freedom of expression and the media
Case study - 20 pages - Medias
There is a general consent that free speech is a good thing. Countries without it are undemocratic, not protecting individual rights. Media has encouraged the exchange of ideas; social networks have helped free speech. Judges who have to decide on free speech cases will try to balance this...
The distinction between internalism and externalism about moral motivation. Does Smith's argument against externalism work?
Essay - 5 pages - Philosophy
Moral motivation and the way it functions have raised many theories, still debated today. There are two main theories under discussion; internalism and externalism about ethical motivation, both of them being central in the explanation of the mechanism that lies between moral judgements of an...
Is the adversarial system of criminal procedure more or less effective than an inquisitorial system in finding out the truth about an alleged offence? Advantages and disadvantages of adversarial and inquisitorial criminal procedure - published: 29/09/2010
Essay - 7 pages - Criminal law
As early as 1866, Faustin Helie, a French judge and legal author, underlined the idea of a necessary equilibrium between the interests of the society (which needs to be protected from infringements) and the interests of the accused persons (whose rights must be totally guaranteed) in the...
Freedom of expression and the media - published: 09/07/2012
Case study - 20 pages - Journalism
There is a general consent that free speech is a good thing. Countries without it are undemocratic, not protecting individual rights. Media has encouraged the exchange of ideas; social networks have helped free speech. Judges who have to decide on free speech cases will try to balance this...
Is the adversarial system of criminal procedure more or less effective than an inquisitorial system in finding out the truth about an alleged offence? advantages and disadvantages of adversarial and inquisitorial criminal procedure
Essay - 7 pages - Penal procedure
As early as 1866, Faustin Helie, a French judge and legal author, underlined the idea of a necessary equilibrium between the interests of the society (which needs to be protected from infringements) and the interests of the accused persons (whose rights must be totally guaranteed) in the...
Crimes Against Humanity And The Principles Of Legality: What Could the Potential Offender Expect?
Essay - 10 pages - International law
Les juges ne sont que la bouche qui prononce les paroles de la loi, des êtres inanimés qui ne peuvent ni en adresser la force ni la rigueur. " Charles de Secondat Montesquieu, L'esprit des Lois, Livre XI, Ch. III, 127 (1748). " If the interpretation of laws is evil, their obscurity, which...
The control of constitutionality and its limitations in France and United States
Thesis - 4 pages - Political science
The Constitution is the supreme law in the hierarchy of norms laid down by Hans Kelsen. This poses a problem in the domestic hierarchy of norms by raising a question about how to enforce the superiority of the Constitution, particularly with respect to the law. Thus, the difficulty faced by the...
Criminal Law
Thesis - 22 pages - Criminal law
What is an actus reus? An actus reus is more than just an act. It includes whatever circumstances and consequences that are required for liability for the offense in question which means that an actus reus is composed by all the elements of an offense other than the mental element. Some crimes,...
The Importance of constitutional interpretation
Essay - 3 pages - Constitutional law
Constitutional interpretation, often called “judicial interpretation,” is defined as “a theory or mode of thought that explains how the judiciary should interpret the law, particularly constitutional documents and legislation” . There are two main types of interpretation:...
British super - injunctions and the clash between private and public interests
Case study - 13 pages - Educational studies
One of the specificities of the British legal system and more generally of the common law is the notion of Equity. Equity is judge-made entirely and is meant to balance the stricter rules of pure common law with principles of fairness. Injunctions are an equitable remedy, insofar as they...
The rule of precedent
Essay - 4 pages - Other law subjects
In a society ruled by law, it is essential that the law is applied in the same way to those in similar situations. This way people know when they are breaking “the law”. It also ensures that citizens are treated fairly, in the sense of being subject to the same judgement. The system...
American Idle (Idol)
Essay - 15 pages - Social, moral & civic education
Love it or hate it, American Idol has become a seemingly immortal fixture in American culture. Pouring into our homes through high definition television on at least two nights a week, the show is more present in family life than your average workaholic, deadbeat dad. Of course the success of the...
Case note for Bolton v. Stone [1951] AC 850
Case study - 3 pages - Educational studies
Although the general rules for negligence had been laid down by previous cases, Bolton v. Stone [1951] AC 850 still gave the judges at the House of Lords some difficulty in deciding whether it constituted just such a case. As such, while upholding legal precedent, it also paved new grounds...
Why has the European Court of Justice been so central to the process of integration?
Thesis - 10 pages - European union
“Law is often still treated as if it were a separate field, clearly distinct from the economic or political spheres” . As the European Court of Justice (ECJ) has never been given a lot of media coverage, most of the time, its role in the integration process is either disregarded or...
