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Question: 5LW005 Nationality, Immigration and Asylum Law – Assessment 2 – First-Sit – 2014/15

Khurto Ismail is a 41 year old man from Tikrit, Northern Iraq, where he lived until June 2014. Khurto is a member of the Yazidi Community, a community has lived in Northern Iraq for centuries and which practices its own religion, Yazidism. Yazidism is distinct from Abrahamic religions, based more on ancient Persian religions, although it has incorporated elements of Islam and Christianity. Article 2(2) of the Constitution of Iraq provides:

“This Constitution … guarantees the full religious rights to freedom of religious belief and practice of all individuals such as Christians, Yazidis, and Mandean Sabeans.”

On the night of the 9th June 2014, Mosul was captured by the military group then called the Islamic State in Iraq and the Levant (ISIL) (also known as the Islamic State in Iraq and Syria [ISIS]), and now known, since the 29th June 2014, as the Islamic State (IS). On the 10th June, news reached Khurto in Tikrit that his brother and his sister-in-law, both Yazidis, had been captured by the IS and that their whereabouts were unknown. There were also rumours circulating in Tikrit that the IS had rounded up and executed Yazidis in Mosul who had refused to convert to Islam and that the IS was advancing on Tikrit.

Fearing for his own safety, Khurto decided to flee. He travelled to Baghdad, the capital city of the Republic of Iraq, and through a contact there managed to obtain a forged passport with a false Entry Clearance stamp purported to be made by the British Embassy in Baghdad. Using this passport, Khurto flew to Heathrow Airport, London, following a brief stopover in Amsterdam, the Netherlands. Upon arrival in the United Kingdom, the Border Force detected that Khurto’s passport was a forgery. Upon discovery, Khurto claimed asylum in the United Kingdom.

You are asked to advise on the question of whether Khurto falls within the definition of “refugee” as defined in Article 1A (2) of the UN Convention Relating to the Status of Refugees 1951 (The “Geneva Convention”).

Answer: Khurto Ismail will have to rely on the 1951 refugee convention in order to obtain a refugee status in the United Kingdom. Convention sets out internationally agreed standards of what a refugee...


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Details: - Mark: Not available | Course: Human Rights Law | Year: 2nd/3rd | Words: 1455 | References: Yes | Date written: January, 2015 | Date submitted: May 04, 2015 | Coursework ID: 918

Question: Sale of Goods Act

‘Parties are free to negotiate under a sale of goods contract and also impose their respective obligations under the contract. However, if the buyer either expressly or by implication, had made known to the seller his expectations of the goods that were being bought and of the seller, the latter may not escape liability even though he did not say anything / or persuade the buyer to buy.’

Discuss to what extent the above statement is true?

Answer: This question invites a discussion of the way terms may be implied within a simple contract and the ability to distinguish between terms incorporated by statute and those cases in which the...


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Details: - Mark: Not available | Course: Contract Law | Year: 1st | Words: 1333 | References: No | Date written: February, 2013 | Date submitted: April 19, 2015 | Coursework ID: 917

Question: Examine the implied terms into the articles of association and how it has been applied and developed over the times until the judgement of Lord Hoffmann in Attorney General of Belize v Belize Telecom and how the courts applied the principle thereafter.

Answer: This essay will examine the implied terms into the articles of association and how it has been applied and developed over the times until the judgement of Lord Hoffmann in Attorney General...


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Details: - Mark: Not available | Course: Company Law | Year: 2nd/3rd | Words: 1679 | References: Yes | Date written: February, 2013 | Date submitted: April 19, 2015 | Coursework ID: 916

Question: ‘The Death of Sir Thomas Draviston’

4. Paul Draviston believes he knows his rights. Does he know his legal rights? Discuss with reference and example from his life.

5. Explain the current legal interpretation of ‘duty of care’ by reference and illustration from the story. Look particularly but not exclusively at the positions adopted by Margaret Dubois.

13. Which of the philosophers whose books are on Thomas Draviston’s shelves in his study do you consider his adopted son Joseph to be most influenced by?

Answer: Before embarking to the issues entailed in the ensuing scenario the characteristics of a Right being recognised as one of the Fundamental Rights should be discussed so that the Rights depicted in...


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Details: - Mark: Not available | Course: Jurisprudence | Year: 1st | Words: 2711 | References: Yes | Date written: November, 2013 | Date submitted: April 19, 2015 | Coursework ID: 915

Question: “The decision in Pennington v. Waine [2002] EWCA Civ 227 is to be commended for bringing Equity back to its roots.”

Discuss.

(Graded 1st, Graduate Diploma in Law (GDL) Standard)

Answer: In the 1862 case of Milroy v Lord , Turner LJ established a general principle that Equity will not perfect an imperfect gift. However, in more recent years, there have been a...


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Details: - Mark: Not available | Course: Equity and Trust Law | Year: 1st | Words: 1481 | References: Yes | Date written: January, 2015 | Date submitted: April 09, 2015 | Coursework ID: 914

Question: "With a perfect Lower House it is certain that an Upper House would be scarcely of any value ... But though beside an ideal House of Commons the Lords would be unnecessary, and therefore pernicious, beside the actual House a revising and leisured legislature is extremely useful." (Bagehot, 1867 as quoted in H Barnett, Constitutional and Administrative Law (10th ed, Routledge 2013) 363).

Discuss.

(Graded 2.1, Graduate Diploma in Law (GDL) Standard)

Answer: This quote, from the 19th century British journalist Walter Bagehot\'s book The English Constitution, raises two fundamental questions about the nature of the UK\'s bicameral legislature. Firstly, whether or not the House...


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Details: - Mark: 65% | Course: Public Law | Year: 1st | Words: 1000 | References: Yes | Date written: December, 2014 | Date submitted: April 09, 2015 | Coursework ID: 913

Question: The relevance of classical contract law theory to modern contract law.

Answer: In the first part of this paper I will define the classical concept behind ‘contractual law’, in the second part I will focus on identifying the ideas from the classical contract law...


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Details: - Mark: Not available | Course: Contract Law | Year: 1st | Words: 1495 | References: Yes | Date written: November, 2011 | Date submitted: March 24, 2015 | Coursework ID: 912

Question: Personal Development Plan
Employability Skills/Attitudes:

1. Business and client awareness: Understanding how a business works and the industry that it is in. Understanding a client’s business, their industry and their needs in order to provide client satisfaction.

2. Problem solving: Analysing facts and situations and applying creative thinking to develop appropriate solutions.

3. Communication skills: Communicating in a clear, structured and concise manner. Using words that are targeted to the audience. Listening and asking questions when appropriate.

4. Application of numeracy: An ability to use maths in a practical context e.g. calculating how much compensation a client may receive.

5. Application of IT: An ability to use IT skills such as word processing, spreadsheets, the internet and legal databases.

6. Team work: Working with others as part of a team and demonstrating the ability to listen, communicate, be pro-active and treat other team members with respect.

7. Self-management: Managing and organising your time by planning work to meet a deadline.

8. Enterprise: Being innovative, creative and using initiative.

9. Can-do approach: Developing a positive attitude including participation and contributing to group discussions and a desire to achieve results.

Section 1: With reference to the employability skills and attitudes listed on page 1, which four key employability skills/attitudes will you need in order to be successful in your chosen career after university? For each skill/attitude that you identify, explain in detail why you will need this skill/attitude with reference to specific tasks and responsibilities you expect to carry out in this career.

SECTION 2: For each employability skill/ attitude listed below, provide one example of how you have demonstrated the employability skill/attitude. Your examples may come from a variety of contexts such as work, hobby, pro-bono, society or academic. Your examples can be a positive or negative experience in demonstrating the employability skills/attitudes.

Section 3: Explain why reflection is important and critically reflect on three of your experiences described in section 2.

SECTION 4: How can you improve on your employability skills/attitudes in order to be successful in securing a job after university?

SECTION 5: Set yourself five goals to help you to enter into your chosen career.

Answer: Section 1: After University, I would like to qualify as a Solicitor and work preferably in the Banking and Financial sector. In respect of the tasks I am likely to carry out...


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Details: - Mark: Not available | Course: Legal Practice Course | Year: Graduate | Words: 7851 | References: No | Date written: November, 2014 | Date submitted: March 20, 2015 | Coursework ID: 911

Question: ‘The correspondence principle concerns the relationship between actus reus and mens rea. If the offence is defined in terms of certain consequences and certain circumstances the mental element ought to correspond with that by referring to those consequences or circumstances’.1
(Ashworth and Campbell in “Recklessness in Assault and in General?” (1991) 107 L.Q.R. 187 at p.192.)

Explain, with examples, the principle of mens rea and consider whether it is right that the defendant could be convicted without a blameworthy state of mind.

Discuss, with reference to the above statement, whether the mental element required for offences against the person corresponds to the actus reus and whether it should correspond with the actus reus.

Answer: The first part of this essay will explain, with examples, the principle of mens rea and consider whether it is right that the defendant could be convicted without a blameworthy state of...


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Details: - Mark: Not available | Course: Criminal Law | Year: 1st | Words: 2501 | References: Yes | Date written: February, 2012 | Date submitted: March 20, 2015 | Coursework ID: 910

Question: ‘The law as to notice as it may affect purchasers of unregistered land has no application, even by analogy, to registered land.’ Discuss.

Answer: In England and Wales, there are two systems of land conveyancing: Registered and Unregistered. The doctrine of notice does not apply to registered land, but only applies to unregistered land as ‘equitable...


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Details: - Mark: Not available | Course: Land law | Year: 1st | Words: 2955 | References: Yes | Date written: February, 2013 | Date submitted: March 04, 2015 | Coursework ID: 909

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