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Question: “In an earlier part of this work stress was laid upon the essential distinction between the “law of the constitution,” which, consisting (as it does) of rules enforced or recognized by the Courts, makes up a body of “laws” in the proper sense of that term, and the “conventions of the constitution,” which consisting (as they do) of customs, practices, maxims, or precepts which are not enforced or recognized by the Courts, make up a body not of laws but of constitutional or political ethics…”
(A.V. Dicey Introduction to the study of the Law of the Constitution 1885, 8E 1915 Liberty Classics, page 277)

Explain, illustrate and comment on this distinction between “laws of the constitution” (“enforced or recognized by the courts”) and “conventions of the constitution” (“not enforced or recognized by the courts”). Discuss whether Dicey’s formulation of the distinction is so absolute that it fails to account effectively for the way constitutional conventions work in the modern UK constitution.

Answer: Constitutional conventions are the primary source of non-legal constitutional rules which govern constitutional behaviour and are considered binding to those whom they apply. Dicey discusses an essential distinction between formal constitutional laws...


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Details: - Mark: Not available | Course: Constitutional and Administrative Law | Year: 2nd/3rd | Words: 1995 | References: Yes | Date written: January, 2019 | Date submitted: March 11, 2019 | Coursework ID: 1053

Question: Assignment Title: "The Differences between Continental Europe (Civil Law Legal System) Copyright Traditions and UK Copyright Traditions."

LW801: Intellectual Property 1: Copyright and Breach of Confidence, University of Kent

Table of Contents
Introduction 3
Background 3
Critical Approach 6
UK Legal System (Common Law) 6
Continental Europe Law System (Civil Law) 7
Differences between the United Kingdom Copyright Traditions and Continental Europe Copyright Traditions 7
Future Impacts of Brexit Process the UK Copyright Laws 10
Brexit and the EU’s Copyright Harmonisation Project 12
Exceptions to Copyright Protection 14
Conclusion 17
Bibliography 19

Answer: Introduction Continental Europe Legal System (“Civil Law”) and the United Kingdom (“Common Law”) Legal System are amongst one of the prominent legal systems being followed in the United Kingdom. However both of...


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Details: - Mark: Not available | Course: Intellectual Property Law | Year: 2nd/3rd | Words: 4996 | References: Yes | Date written: December, 2018 | Date submitted: February 19, 2019 | Coursework ID: 1052

Question: Assignment Title: “The International Legal Regime Against Drugs Has Enabled Drug Trafficking Organisations To Flourish.”

LW886: Transnational Criminal Law, University of Kent

Table of Contents
Introduction 3
Transnational Criminal Law on Drug Trafficking 4
Transnational Laws on Corruption, Money Laundering and Drug Trafficking 4
Human Rights and the Transnational Regulatory Framework on Drug Trafficking 5
The International Legal Framework on Drug Trafficking 6
Problems with the International Drug Policy 7
Obsolete Provisions on Regulation of Drug Trafficking 7
Enforcement of International Drug Trafficking Laws 9
Criminal Intelligence 9
The Perspective and Response of the United Nations General Assembly Special Session on the Challenges in Combatting Drug Trafficking 10
Relationship between Development of International Drug Control Regimes and the Flourishing Drug Trafficking Organisations 11
Critical Approach 13
Conclusion 15
Table of Cases 17
Table of Legislation 17
Bibliography ........................................................................................................................ 18

Answer: Introduction According to the United Nations (UN), drug trafficking refers to the engagement in the manufacture, distribution and purchase of the substances, which are prohibited by any legal regime. Article 4 of...


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Details: - Mark: Not available | Course: Criminal Law | Year: 2nd/3rd | Words: 5434 | References: Yes | Date written: December, 2018 | Date submitted: February 19, 2019 | Coursework ID: 1051

Question: "The Problem of Piracy and Intellectual Property Rights.”

LW933: Intellectual Property and Industrial Practices, University of Kent

Table of Contents
Introduction 3
The Definition of the Piracy 4
Types of Piracy 5
Effects of Piracy 7
Protected Intellectual Property Rights (IPR) as a Combating Method 10
Benefits of IPR 12
Disadvantages of IPR 13
Methods to Prevent Piracy 14
Different Approaches 16
Recent Cases 16
Recommendations 17
Conclusion 19
Bibliography 21

Answer: Introduction In the modern era of business, the piracy is a huge issue for the large multinational business organisations across the world. The piracy problem appears when an individual or organisation takes...


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Details: - Mark: Not available | Course: Intellectual Property Law | Year: 2nd/3rd | Words: 5382 | References: Yes | Date written: May, 2018 | Date submitted: February 19, 2019 | Coursework ID: 1050

Question: “The Court of Justice’s approach to free movement of workers and freedom of establishment promotes not so much an internal market as a “market without rules”’ [AG-Tizzano] Discuss. Mark 65%

London School of Economics, LL232 Law and institutions of the European Union

Answer: With regards to the free movement of workers contained in Article 45 TFEU and freedom of establishment as in Article 49 TFEU, one may strongly contend that the Court of Justice’s (ECJ)...


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Details: - Mark: 65% | Course: European Union Law | Year: 2nd/3rd | Words: 1812 | References: No | Date written: March, 2015 | Date submitted: August 16, 2018 | Coursework ID: 1049

Question: Critically discuss the hierarchy of sources of EU law. In your answer please refer to legal comment and any other sources of EU law you consider appropriate.

Graded 2.1 - Word Count: 1964 (excluding bibliography and footnotes)

Answer: The ECJ in Costa held that “By contrast with ordinary....” Consequently, the European Union has legal personality and (as put in Van Gend ) ‘constitutes a new legal order in international law’....


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Details: - Mark: Not available | Course: European Union Law | Year: 2nd/3rd | Words: 1964 | References: Yes | Date written: October, 2014 | Date submitted: August 16, 2018 | Coursework ID: 1048

Question: ‘The test for Article 34 TFEU is very simple. It is whether, in practice, an import is excluded from the domestic market. That is as it should be.’ Discuss.

London School of Economics, LL232 Law and institutions of the European Union

Answer: Article 34 TFEU states: Quantitative restrictions on imports and all measures having equivalent effect shall be prohibited between Member States. The test outlined by Article 34 is evidently broad in terms of...


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Details: - Mark: 64% | Course: European Union Law | Year: 2nd/3rd | Words: 1715 | References: No | Date written: March, 2015 | Date submitted: August 16, 2018 | Coursework ID: 1047

Question: Alphie, a minor celebrity, was recently admitted to hospital following an accident in which he damaged his leg. Due to his shock, Alphie lost consciousness shortly after he was brought into the hospital. The doctor who examined him was very concerned, and called the surgeon who decided it was necessary to remove two of Alphie’s toes. When he woke therefore, Alphie was missing his toes and was particularly upset that he had not agreed to this.

During Alphie’s week long stay in hospital to recover, the man in the bed beside him, Jack, was very disruptive. Alphie found this increasingly irritating as he could not sleep. He told Jack to ‘pipe down’ but Jack insisted ‘I’ll do what I like’. At this point Alphie sat up in his bed and shouted, ‘you know, you are very lucky I can’t get up right now, or I swear I would bash your head in.’ In response, Jack, got up from his own bed and grabbing Alphie by the collar whispered menacingly in his face ‘just watch yourself boy, I can hurt you more easily than you can harm me.’ Alphie was left very shaken.

When Alphie’s friend Susan visited she offered to put a sleeping drug in Jack’s water. Alphie agreed and Susan drugged Jack’s water while he was in the bathroom. Seeing her opportunity, Susan also blocked the bathroom door with a hospital trolley, trapping Jack in. Jack was shut in the bathroom for almost 10 minutes, but because he was showering, a hospital porter moved the trolley before he tried to get out. Jack therefore never realised he was trapped. When he drank some water a few minutes later, Jack fell asleep and felt quite poorly when he woke up.

On leaving hospital, Alphie gave an interview to a press reporter. He told her all about his stay in hospital, and joked that he and Susan had ‘got their own back’ on Jack. Since he read this in the newspaper, Jack has suffered depression and nightmares for which he has needed medical treatment.

Advise Alphie and Jack of any claims they may have in tort.

Answer: A may have a claim in battery (the unlawful contact which is direct and intentional (or reckless)). There’s no minimum level of violence which the law will to accept and the force...


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Details: - Mark: 65% | Course: Tort Law | Year: 2nd/3rd | Words: 800 | References: No | Date written: November, 2016 | Date submitted: December 06, 2017 | Coursework ID: 1041

Question: “The preliminary reference procedure, under Art 267 TFEU, is a vital part of ensuring the uniform application of the EU law across the Member States, but the doctrine of Acte Clair is a real threat to that uniformity”.

Critically discuss.

Mark 87.5% (A) - EU Law 2nd Year LLB

Answer: The preliminary reference procedure has been hailed as ‘the jewel in the Crown’ of the jurisdiction of the Court of Justice of the European Union (hereinafter CJEU or ‘the Court’). Article 267...


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Details: - Mark: 88% | Course: European Union Law | Year: 2nd/3rd | Words: 2492 | References: Yes | Date written: March, 2016 | Date submitted: November 17, 2017 | Coursework ID: 1035

Question: “[A]ll legal systems are mixed. There are no exceptions. Only the ways of mixing and character of the ensuing mixtures are different” (E. Örücü, ‘A General View of ‘Legal families’ and of ‘Mixing Systems’’ in E. Örücü and D. Nelken (Eds.), Comparative Law: A Handbook, 2007).

Critically discuss this statement.

Mark 87.5% (A) - Comparative Law 2nd Year LLB

Answer: Traditionally, when classifying legal systems, the category of mixed legal systems was viewed as an anomaly and limited to legal systems which were strongly influenced by both common and civil law. Well-known...


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Details: - Mark: 88% | Course: English Legal System | Year: 2nd/3rd | Words: 3351 | References: Yes | Date written: January, 2016 | Date submitted: November 17, 2017 | Coursework ID: 1034


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