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Question: Evaluate the extent to which the UK judiciary has demonstrated its willingness to uphold the rule of law against the executive and legislature.

Why is the independence of the judiciary an essential feature of the rule of law?

Answer: The rule of law is one of the essential principles of the UK’s uncodified constitution. The main idea of the rule of law is that the law should apply equally to all....

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Details: - Mark: 72% | Course: Constitutional and Administrative Law | Year: 1st | Words: 2116 | References: Yes | Date written: November, 2012 | Date submitted: October 21, 2015 | Coursework ID: 988

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: SOAS Public Law 2013, Year 2, Grade: 72%

You are required to give an opinion as to whether the situations set out below would be amenable for a judicial review but you are not required to discuss the grounds of judicial review.

(i) Jessica was detained by the UK Border Agency (UKBA) under the immigration rules pending further investigation of her case, with the prospect of deportation unless she establishes her right to remain in the UK. After two days UKBA arrange for her transfer from UKBA’s detention facility to Riverside Grange which is a secure unit owned and operated by a private company called Group Seven. The company run the facility under a contract drawn up with UKBA but Riverside Grange is only used for individuals referred to it by UKBA. Jessica is involved in a protest against her continued detention during which considerable damage to property was caused. As a result she faces a disciplinary procedure to be conducted by the managing director of Riverside Grange. This procedure could also lead to her immediate deportation but she has been refused a full oral hearing and denied access to legal representation.

(ii) Under the Ancient Monuments Act (fictitious) the Secretary of State has the power to list for preservation purposes important remains of archaeological or of historical interest. While digging the foundations of a new building for Globe Developments in the centre of Richester, one of the workers discovers several well preserved pieces of Anglo-Saxon jewellery and many pieces of masonry from what is identified as an ancient abbey. The discovery is reported in the local and national TV, radio and press. Despite the growing interest in the finds the Secretary of State has decided without giving any reasons not to list the site and Globe Developments will soon lay concrete foundations which would mean that the site would not be further excavated by archaeologists. Claudine and Sarah are keen amateur archaeologists who live two hundred miles away near Salisbury. In 1996 they set up the Anglo-Saxon Society as a registered charity promoting the archaeological study of the Anglo-Saxon period. The Society has 150 members, most of whom live in South East England, including several professors and two bishops with an interest in this period in history.

Advise as to whether (a) Jessica and (b) the Anglo-Saxon Society would be in a position to seek a judicial review?

Note that this is not a question on the substantive grounds of review.
Your answer should not exceed 1200 words. It must draw upon relevant case law and should be referenced with footnotes. The work must be submitted electronically by 4 March 2013.

Answer: (i) Jessica is likely to be in a position to seek judicial review with an action against Group Seven, provided that the action is taken within the three-month time limit and that...

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Details: - Mark: 72% | Course: Public Law | Year: 2nd/3rd | Words: 1199 | References: Yes | Date written: March, 2013 | Date submitted: April 17, 2014 | Coursework ID: 860

Question: James International Ltd based in France entered into a contract to sell 100 tons of wheat CIF Bristol to Helen Trading Ltd based in England. The contract was expressly subject to English law.

The contract required the goods to be shipped in May 2013. The wheat must be packed in 10kg bags and must be of ‘fair average quality of the season’s shipments’ as certified when the goods were put on board the vessel. The wheat was shipped partly in 10kg bags and partly in 20kg bags.

A ‘received for shipment’ bill of lading dated 30th April 2013 was tendered to Helen Trading Ltd and a loading inspection certificate dated 2nd May 2013 attesting to the goods being up to warranty standard. The bill of lading was from Calais to Bristol and it stated that ‘Goods were not shipped in apparent good order”. A certificate of insurance was also tendered and showed that the insurance covered the voyage from Le Havre to Bristol. The goods safely arrived at the port of Bristol on 8th May.

Helen Trading Ltd rejected the documents and refused to make payment. James International Ltd argued that the goods arrived at the port of destination in good condition and sued Helen Trading Ltd for non-acceptance of the goods.

Advise both parties of their potential liabilities and remedies.

International Commercial Law (ICL)

Answer: In order to determine the potential liability of both parties and the remedies available, we must first look into the characteristics of a CIF contract. CIF stands for cost, insurance and freight....

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Details: - Mark: 72% | Course: Commercial Law | Year: 2nd/3rd | Words: 1489 | References: Yes | Date written: January, 2014 | Date submitted: April 16, 2014 | Coursework ID: 856

Question: Problem Question

D put his hand into E’s pocket to see if to see if there was something worth stealing. In fact the pocket was empty. D removed a tin of salmon from F’s basket in G’s self-service store and put it in his own basket. He paid for it at the checkout. There he noted that the checkout assistant had failed to swipe several items. D paid the sum requested knowing that he had not paid for every item. In the store garage he filled up with petrol before discovering that he had failed to bring sufficient cash. He went to explain to the attendant but he was not at his post. D went back to his car and drove off intending to send a cheque for the petrol. However, he failed subsequently to send a cheque for the petrol.

Advise D of his criminal liability.

Answer: In advising D of his criminal liability, this question requires an identification of the various issues that have arisen from the actions taken by D. Firstly, D put his hand into E’s...

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Details: - Mark: 72% | Course: Criminal Law | Year: 1st | Words: 1132 | References: No | Date written: Not available | Date submitted: December 19, 2013 | Coursework ID: 811

Question: "By using the phrase ‘substantial risk’, the [trial] judge blurred the line between intention and recklessness." (Woolin (1998) per lord Steyn ) Critically assess this statement.

Answer: Intention and recklessness are the two most important fault elements used in the criminal law and the main debate here is with accessing the blurring of lines between intention and recklessness which...

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Details: - Mark: 72% | Course: Criminal Law | Year: 1st | Words: 1308 | References: No | Date written: May, 2008 | Date submitted: December 19, 2013 | Coursework ID: 810

Question: The British Constitution
‘Since 1997, with the various constitutional reforms undertaken by the previous labour administration, the question of whether the UK needs to adopt itself a codified constitution is no longer a live issue.’ Discuss.

Answer: A constitution is described by Colin Munro as “The body of rules and arrangements concerning the government of the country.” Britain is often referred to as having an unwritten constitution, as there...

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Details: - Mark: 72% | Course: Public Law | Year: 1st | Words: 1119 | References: No | Date written: Not available | Date submitted: December 19, 2013 | Coursework ID: 809

Question: Explain, with the use of examples, how freehold covenants may effectively impose controls over land use which bind all successors in title to the original covenantor and covenantee.

Answer: The concept of freehold restrictive covenants places around promises made by one party to another. In this sense, obligations are placed on parties in respect of freehold conveyances which bind partied to...

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Details: - Mark: 72% | Course: Land law | Year: 2nd/3rd | Words: 988 | References: No | Date written: Not available | Date submitted: November 27, 2012 | Coursework ID: 753

Question: Critically evaluate the points of law in the case of Campbell v Mirror Group Newspapers (2004) 2 AC 457.

As part of your answer please address the following points:
1) The relationship between European Convention of Human Rights (ECHR) and the common law in this case.
2) The relationship between the right to privacy and the right of free speech.

Answer: “In this country, unlike the United states of America, there is no over-arching, all-embracing cause of action for ‘invasion of privacy’.” However, “The common law or more precisely, courts of equity, have...

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Details: - Mark: 72% | Course: Tort Law | Year: 2nd/3rd | Words: 1999 | References: Yes | Date written: November, 2010 | Date submitted: April 22, 2012 | Coursework ID: 734

Question: ‘…the rule of law is unqualified human good’. Assess the validity of this claim.

Answer: The rule of law as an aspect of the English legal system refers to the idea that no one person or organisation should be above the law. That everyone irrespective of wealth,...

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Details: - Mark: 72% | Course: English Legal System | Year: 1st | Words: 1775 | References: No | Date written: Not available | Date submitted: April 29, 2011 | Coursework ID: 681

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