How does the French legal system differ from the common law system with reference to the powers of judges and the functioning of the courts?
Essay - 3 pages - Constitutional law
Judicial systems differ from country to country. Two common legal systems are civil law and common law. Often the choice to use one system over another is based on the history of the country or region in question. For example, France uses the civil law and England uses the common law. The...
Brown v. Board of Education of Topeka, 347 U.S. 483 (1954) - What exceptional circumstances allow states to establish segregation?
Law case study - 4 pages - Constitutional law
Let's be clear, the decision of the Supreme Court that we are going to study today is a real jurisprudence change, which means that the decision overturns several other Supreme Court decisions, resulting in a total change in the analysis of the constitution over time. It's very important...
Wrongful Analysis in Wrongful Life Jurisprudence - Deana A. Pollard (2003); Of Wrongful Birth, Wrongful Life, Comparative Law and the Politics of Tort Law Systems; The Use and Influence of Comparative Law in Wrongful Life Cases - Ivo Giesen (2009; 2012) - Wrongful Life
Summary - 5 pages - Other law subjects
Wrongful life refers to a claim in tort law brought by a child born with disabilities, usually following a medical error that resulted in the failure to diagnose or disclose pre-existing genetic defects. These lawsuits are distinct from claims for wrongful birth and wrongful pregnancy, brought...
Environmental Law and Social Justice - The Precautionary Principle
Practical guide - 1 pages - Environment law
The document includes fundamental readings that can be useful when dealing with the subject of the precautionary principle.
The Human Rights Act 1998 - Separation of Powers and Rule of Law
Text commentary - 3 pages - Constitutional law
The court's construction and implementation of s.3 and s.4 of the Human Rights Act 1998 require us to accept that the Act has had a radically transformative effect on orthodox understandings of the separation of powers and the rule of law. To answer this question, three points are addressed:...
Public Law - Critical Evaluation of William Wade's Assertion on Parliamentary Sovereignty
Case study - 3 pages - Constitutional law
The document critically evaluates whether William Wade was correct in his 1955 article in the Cambridge Law Journal in asserting that the 'sovereignty of Parliament' was a feature of our constitutional order that could be changed only by revolution, and whether he might offer a different...
Public Law - Professor Dicey's Views on Supreme Court's Judgments in Miller No. 1 and Miller No. 2
Case study - 3 pages - Constitutional law
The document trims down information in order to answer the following question: "Professor Dicey would have been entirely supportive of the Supreme Court's judgments in Miller No. 1 and Miller No. 2". Albert Venn Dicey's concept of the rule of law is a cornerstone of the British...
Criminal Law in an Islamic Legal Society
Essay - 5 pages - Criminal law
The Shari'a does not focus as much on criminal law as it does on family law, but a small part is dedicated to crimes and sanctions, and despite not being strictly applied, those principles still have a normative force among different modern Muslim states' legal systems. Islamic criminal...
How EU law has tried to enhance the free movement of services ? What problems have arisen ?
Essay - 3 pages - European law
"Services constitute the engine of economic growth and account for 70% of GPD and employment in most Member States". This observation is the rationale behind the introduction of the Services Directive. Indeed, since 2006, the European Union has recognised that services represent the largest part...
The British Political System
Worksheets - 3 pages - Constitutional law
The document is a study guide on the subject of British government and its political system.
Business Law in UK and USA
Essay - 4 pages - Business law
British and American business laws share a common history and philosophy of origin, despite their progressive differentiation through jurisdictions, legislatures and interpretations. Both are rooted in the philosophy of common law, which Dicey described as consisting of statutes that "are known...
Business Law in UK and USA - published: 29/03/2024
Essay - 3 pages - Business law
In a globalized economy, business law plays a pivotal role in shaping the interactions between companies, investors, consumers, and governments. The legal systems of the United Kingdom and the United States, though distinct, are proving to be major references in the sphere of international...
World Trade Organization, DS487, United States - Conditional Tax Incentives for Large Civil Aircraft - International Economic Law and Policy
Law case - 3 pages - Bank law
The dispute involves the European Union, acting as the complainant, and the United States, serving as the respondent. This dispute has been brought to light in accordance with the dispute settlement rules of the World Trade Organization. Like many disputes within the WTO framework, it pertains to...
Does prison do any good?
Essay - 2 pages - Criminal law
Anyone with criminal liability is exposed to legal consequences if he commits a crime, and there are various ways to execute punishments with specific laws and practices in each country. Prisons are part of the Criminal Justice System in addition to the Courts and Police. In the past few decades,...
The Burden of Proof
Course material - 1 pages - Civil law
The burden of proof in civil and criminal cases is the obligation to provide evidence validating or disputing a certain occurrence. It is an obligation to proof what has been alleged in judicial proceedings. The burden of proof differs in criminal and civil cases whereby in criminal lawsuits, it...
International contract
Tutorials/exercises - 3 pages - International law
Statement: You are the legal adviser of the French company SILEC CABLES, specialized in the manufacture of high voltage cables. You receive the following contract draft concerning the supply of cables to TREC as described here below. Please analyze the draft and answer the questions concerning...
Advisory Opinion on The Wall - International Court of Justice - Article 51 of the United Nations Charter and the right of self-defense
Essay - 3 pages - International law
In its Advisory Opinion on The Wall, the International Court of Justice declared that Article 51 of the United Nations Charter "recognizes the existence of an inherent right of self-defense in the case of armed attack by one State against another State", thereby implying that the right of...
European Court of Human Rights, Hirst vs United Kingdom (No. 2) [2005] ECHR 74025/01 - The mechanism to promote judicial and national dialogue
Law case study - 3 pages - International law
This document critically examines the impact of the judgment of the European Court of Human Rights in Hirst v United Kingdom (No. 2) [2005] ECHR 74025/01 as a mechanism to promote judicial and national dialogue. In Hirst v United Kingdom, the country faced the European Court of Human Rights'...
Illegal cattle farming - Implications and possible actions by the European commission and Brazilian government
Case study - 11 pages - Environment law
The Amazon Forest is the world's largest tropical rainforest and is a vital ecosystem with a wide range of flora and fauna (WWF, n.d.). However, the Amazon Forest is under threat due to various anthropogenic activities, including illegal cattle farming which is a significant driver of...
How and why is International Law Binding on States?
Essay - 3 pages - International law
While the legal nature of the subject itself has been often discussed and debated, it is generally considered that international law has legal value, notably because of its binding effect. Indeed, international law is binding on states, with obligations based on both moral and formal reasons....
French law of international commercial arbitration
Course material - 5 pages - Other law subjects
French law of international commercial arbitration is a course designed for fourth-year students at the University of Nice Sophia-Antipolis and doctoral students in law. In order to help students deepen their knowledge of the subject, a book has been set up called "International Commercial...
In your opinion, is the British Monarchy still a relevant institution today?
Essay - 1 pages - Constitutional law
The British monarchy is a long institution that has survived for many years and played a main role in the country history and culture. The British Monarchy, is an institution that lasted in centuries of tradition and historical significance, has long as it has been a symbol of continuity and...
English Law
Course material - 2 pages - Law's history and philosophy
There are four types of law: common law, civil law, religious law, and the mixed systems. The main difference between common law and civil law is that common law is based on the rule of precedent and civil law on code.
Given the rule of the precedent in the federal judiciary system, how can it promote stability in the law?
Essay - 2 pages - Law's history and philosophy
The actual implementation of the federal judiciary system began with the Judiciary Act of 1789, signed into law by President George Washington. It established the basic structure and jurisdiction of the federal judiciary system and created the Supreme Court as well as lower federal courts. Since...
The Social Contract (pros/cons)
Essay - 2 pages - Law's history and philosophy
According to Rousseau, justice cannot be defined as "the right of the strongest". If justice were so, the most powerful individuals would always be the right ones. Hence, he develops the idea that freedom is our self regulation. This is the reason why the well-known philosopher developed a new...
Is the House of the Lord undemocratic?
Essay - 2 pages - Constitutional law
British Labor proposes to abolish the House of Lords and replace it with an Assembly of Regions. The party's program was presented with a view to the legislative elections which must take place no later than January 2025. It would aim to replace the House of Lords, in which an Assembly of...
Environmental law - The examples of Canada and the United Kingdom
Case study - 3 pages - Environment law
There is a high amount of litigation related to water, considering that Canada is one of the major fishing sites. Federal fisheries act was made in order to prevent water pollution by prohibiting discharge or deposition of substances which can be harmful to aquatic animals. The UK is historically...
What are the different sources of the law in England and Wales, and what are the common law rules which engage with an actionable misrepresentation?
Tutorials/exercises - 3 pages - Business law
The document answers two short essay questions from Business Law Final Summative Assessment of Regent's University London. The questions are the following: 1- Critically assess the different sources of the law in England and Wales. 2- Explain the difference between a representation and an...
The Impact of the Barcelona Traction Case on Shareholder Protection under International Law or The Diplomatic Protection of Companies and Shareholders
Thesis - 27 pages - International law
This research paper has been written by Mr Éric J. CHICATE-LAURENT, a student at University of Paris 1 Panthéon-Sorbonne. The Barcelona Traction judgment of the International Court of Justice (ICJ) of February 5th 1970, considerably shaped the protection of foreign investors. Indeed, this...
The Institutional Structure: The European Balance of Powers
Course material - 7 pages - European law
The European community created particular institutions, which were quite different from the usual skims of the separation of powers. In the traditional system of separation of powers, more or less separation is between executive, legislative and judicial power.
