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English Legal System

Question: Are tribunals merely an appendage to the ordinary courts of law or an integral part of the English Legal System.

Answer: It has become the case that over the course of the 20th century an ever-increasing number of tribunals have come into existence alongside the ordinary civil courts, dealing with a wide variety...


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Details: - Mark: 61% | Course: English Legal System | Year: 2nd/3rd | Words: 3153 | References: Yes | Date written: March, 2003 | Date submitted: February 19, 2009 | Coursework ID: 352

Question: In interpreting statutes and the Common Law, the judiciary are creating the law rather than simply acting as adjudicators. Discuss.

Answer: Montesuieur’s De L’Esprit des Lois 1748 put forward the theory of separation of power which identified three functions of the state; Legislative, Executive, Judicial. To simplify the usefulness of Montesuieur’s theory is...


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Details: - Mark: 61% | Course: English Legal System | Year: 2nd/3rd | Words: 2025 | References: Yes | Date written: January, 2003 | Date submitted: February 19, 2009 | Coursework ID: 346

Question: Arbitration and its possible advantages over litigation.

Answer: It is common for parties in a dispute to have their matter settled by going to court. However there is another option open to them through arbitration. This is an alternative than...


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Details: - Mark: 61% | Course: English Legal System | Year: 1st | Words: 1759 | References: Yes | Date written: February, 1995 | Date submitted: February 18, 2009 | Coursework ID: 329

Question: What is your view on the connections between law, state and society?

Answer: The title of this essay asks for my view on the connections between law, state and society. However, before I can begin to answer fully what that connection is I feel that...


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Details: - Mark: 60% | Course: English Legal System | Year: 1st | Words: 1033 | References: Yes | Date written: January, 2009 | Date submitted: October 11, 2010 | Coursework ID: 620

Question: ‘Prerogative powers represent one of the most fundamentally significant areas of constitution law, not least because of their definitional difficulties. However, the most controversial aspect remains controlling their use.’ Discuss.

Answer: Prerogative powers have developed into a significant source of the UK constitution. Like most of the other type of elements that make the constitution, it is not enlisted as a formal text...


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Details: - Mark: 60% | Course: English Legal System | Year: 1st | Words: 999 | References: Yes | Date written: October, 2009 | Date submitted: January 06, 2010 | Coursework ID: 605

Question: Critically evaluate the development of common law principles applicable to the defence of provocation in criminal law from the decision in Mancini v DPP [1942] AC 1 to Mascantonio v R (1995) 183 CLR 58. Assess the degree to which the common law has proved inflexible in responding changing societal needs and expectations. Are there other legal means of achieving substantive justice?

Answer: At the time of the case of Mancini the concept of provocation as a defence to murder was already a well established one dating back centuries. It originated from the days when...


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Details: - Mark: 60% | Course: English Legal System | Year: 2nd/3rd | Words: 2047 | References: Yes | Date written: Not available | Date submitted: July 07, 2009 | Coursework ID: 522

Question: Assess the possible advantages of arbitration over litigation.

Answer: It is common for parties in a dispute to have their matter settled by going to court. However there is another option open to them through arbitration. This is an alternative to...


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Details: - Mark: 60% | Course: English Legal System | Year: 2nd/3rd | Words: 1761 | References: Yes | Date written: Not available | Date submitted: July 07, 2009 | Coursework ID: 514

Question: The Egalitarian Theory of Justice

Answer: The Theory of Justice (1971) is perhaps, one of the most highly acclaimed political philosophies of in the 20th century. It was written by John Rawls and presents it as an ethical...


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Details: - Mark: 60% | Course: English Legal System | Year: 2nd/3rd | Words: 1749 | References: Yes | Date written: July, 2003 | Date submitted: February 19, 2009 | Coursework ID: 349

Question: The Rule of Law.

Answer: Central to the general idea of the Rule of Law is the specific intention that it involves the rule of the law rather than the rule of the people. Judges hold a...


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Details: - Mark: 60% | Course: English Legal System | Year: 2nd/3rd | Words: 2789 | References: No | Date written: Not available | Date submitted: February 19, 2009 | Coursework ID: 347

Question: Explain both why the English courts have adopted the purposive approach to statutory interpretation, and illustrate (using decided cases to support your discussion) how this approach may produce results far removed from those which the so-called literal approach would produce.

Answer: In English courts there are two main approaches used when dealing with statutory interpretation, the purposive and literal approach. Both approaches produce different results. Why the courts have preferred to choose to...


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Details: - Mark: 60% | Course: English Legal System | Year: 2nd/3rd | Words: 3319 | References: Yes | Date written: February, 2005 | Date submitted: February 19, 2009 | Coursework ID: 345


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