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Question: ‘It is national Parliaments, which are and will remain, the true source of real democratic legitimacy and accountability in the EU (European Union)’.

Discuss the EU’s constitutional order and whether there is a ‘democratic deficit’ in light of the above quote.

Answer: The following essay will highlight the existence of a democratic deficit within the EU (European Union). It will analyse it from 2 perspectives: an institutional one by emphasising the lack of legitimacy...

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Details: - Mark: Not available | Course: European Union Law | Year: 2nd/3rd | Words: 2495 | References: Yes | Date written: October, 2013 | Date submitted: November 02, 2015 | Coursework ID: 935

Question: Critique of argument on J.Finnis “Natural Law and Natural Rights” 2nd Ed. (Oxford, Clarendon Press, 2011) pp 245-52

Answer: This essay will explore Finnis’s arguments on authority of rulers and how it fits into his main thesis. It will be argued that an a ruler’s authority is not derived from transmission,...

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Details: - Mark: 65% | Course: Jurisprudence | Year: 2nd/3rd | Words: 1935 | References: Yes | Date written: January, 2014 | Date submitted: May 05, 2015 | Coursework ID: 924


B E T W E E N:
Jack and Jill Hill was a married couple but have had marital problems. After months of disagreement Jack moved out of the family home in July 2014 and into a rented accommodation. Jack maintained his job at Ignite Fireworks PLC.

On 03/10/2014 due to an electrical fault at Ignite Fireworks PLC a number of fireworks in containers detonated resulting in an explosion. Jack who was completing a nightshift was trapped in the premises.

Mr Spratt the site manager raised the alarms, contacted emergency services and contacted Jill who was still Jack’s emergency contact.

Jill initially assumed that Jack was involved in a minor incident. Arriving on scene at 7am, she witnessed numerous fire engines and ambulances. At the emergency triage area Jack had received emergency treated and was covered by a blanket, only his singed hair, blackened face, burnt hand and a tube inserted into his throat was visible. Witnessing this cause Jill to break down and weep and shake uncontrollably. Jack was transferred to Midlands Hospital where he stabilised. Jill remained at his side for the entire week before he was discharged and returned to his family home.

Subsequently Jill brought about a claim for negligently inflicted psychiatric harm as she displayed Post-traumatic stress disorder and suffered frequent flash backs of the scene.

The Trial Judge Lean found the following facts, (i) Jill had suffered a medically recognised psychiatric disorder from nervous shock, (ii) When Jill first saw Jack, he was in a controlled state and was not being treated, (iii) Jack and Jill subsequently divorced.

Judge Lean found that Jill could recover as secondary victim on the grounds that, as spouse it was clear that she had a close tie of love and affection with Jack and arriving at the factory Jill had witnessed the immediate aftermath and was therefore proximate to the accident in time and space.
The case is being appealed by Ignite Fireworks PLC in the court of appeal.

As there was a two and a half hour time delay between the time of the accident and Jill seeing Jack, having been treated and in a controlled state, it cannot be said that Jill had witnessed the immediate aftermath of the accident.

The appeal to succeed.

The appeal to be dismissed.

Answer: The Law at present The law on the recovery of compensation for pure psychiatric harm is in a state of disarray, as Lord Steyn mentions that the law in this area “is...

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Details: - Mark: 67% | Course: Tort Law | Year: 2nd/3rd | Words: 3471 | References: No | Date written: January, 2014 | Date submitted: May 05, 2015 | Coursework ID: 922

Question: To what extent does jurisprudence equip us to understand and criticize the modern state?

Answer: Jurisprudence is the philosophical study of law. It aims to answer questions such as what is law and seeks to examine the role and necessity of law. This paper seeks to show...

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Details: - Mark: 72% | Course: Jurisprudence | Year: 2nd/3rd | Words: 1218 | References: No | Date written: December, 2014 | Date submitted: May 05, 2015 | Coursework ID: 919

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: 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 important question… is not whether the UK adheres to a pure conception of the separation of powers… but whether its institutions of government are organized in such a way as to guard satisfactorily against the abuse of power”

Discuss the separation of powers in the UK constitution and consider whether the UK system is adequately designed to guard against the abuse of power.

Answer: This essay will look to examine the extent to which, there is an appropriate system to check and balance power in the UK to prevent excessive concentration of power and to which...

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Details: - Mark: 75% | Course: Public Law | Year: 2nd/3rd | Words: 1495 | References: Yes | Date written: January, 2014 | Date submitted: February 18, 2015 | Coursework ID: 904

Question: Problem scenario: Molly is a single mother. She takes her daughter Rhonda (a two year old infant) to a local playground. While lighting a cigarette, Molly starts talking with another young parent, Dilbert. Molly is distracted by Dilbert's good looks and gritty charm. Meanwhile, Rhonda starts to wander over to the road.

Dilbert notices a possible catastrophe and rushes out after Rhonda. Dilbert just manages to save Rhonda from being run over by Bob, who is driving a van within the speed limit and quite safely. However, Dilbert has too much forward momentum and collides with Bob's van. Dilbert is seriously injured. Bob skids off the road and crashes into some playground equipment. Luckily, no children are using the equipment.

Laura, driving at speed behind Bob sees the above-related events and put her foot down hard on the brakes. Laura's car skids on an oil slick and crashes into a tree. Some distance behind the tree was Leonard. Leonard thought that Laura's car might hit him and he started running away screaming 'oh Lord, don't take me now!' Leonard has an underlying personality disorder and develops a paranoid fear of going out into the street. As a result he loses his job and his livelihood.

The accident involving Leonard is witnessed by Sherry, Rhonda's grandmother, who is also at the park. Sherry suffers from a brief fright, but believes that she will be alright. However, she later develops post-dramatic stress disorder as a result of this event, combined with the news that Rhonda barely escaped serious injury. She had not seen the incident involving Rhonda herself because she hadn't busy setting out the picnic lunch.

Identify any action available in the tort of negligence and analyse the elements of the tort accordingly.

Answer: Dilbert v Molly Carmarthenshire CC v Lewis1 sets out that if someone has charge over a child they are expected to take reasonable care to prevent them from causing harm to others....

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Details: - Mark: 75% | Course: Tort Law | Year: 2nd/3rd | Words: 2297 | References: Yes | Date written: January, 2013 | Date submitted: February 03, 2015 | Coursework ID: 903

Question: Critically discuss the relationship between law, autonomy and embodiment with reference to Bondage, Sado masichism and women in crime.

University of Exeter, Law LLB, Gender, sexuality and law.

Answer: “The function of law in a community is to articulate and maintain norms of behaviour of general application. This means that objective standards are inevitable.”1 This explains the way the law operates...

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Details: - Mark: 60% | Course: Criminal Law | Year: 2nd/3rd | Words: 3723 | References: Yes | Date written: January, 2015 | Date submitted: February 03, 2015 | Coursework ID: 902

Question: Headlines:

“Stalking to be made specific criminal offence – Cameron”
“Social network sites 'have duty' to stop cyberstalking”
“Denbighshire man harassed former partner on Facebook”
“Man cleared of Facebook stalking”4

The above headlines highlight the issue of stalking and the social media, in particular Facebook.

Discuss the issue of stalking committed via Facebook in relation to the following:
a) Whether the current provisions, in particular the Protection Against Harassment Act 1997, provide for adequate protection in instances of stalking on Facebook;

b) The practical realities involved in proving the actus reus and mens rea of stalking on Facebook if it is criminalized.

Answer: In the 21st century, it is not surprising that the Internet has evolved into an indispensable medium of communication in our daily life. It is a global medium without borders which connects...

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Details: - Mark: Not available | Course: Criminal Law | Year: 2nd/3rd | Words: 3206 | References: Yes | Date written: December, 2012 | Date submitted: January 27, 2015 | Coursework ID: 900

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