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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

Question: Do you agree with Raz that the key to understanding law lies in understanding authority and, given that, Dworkin’s theory and the soft positivism of Hart’s Postscript must fail?

Answer: Raz believes that any theory of law needs to account for the phenomenon of authority. If it cannot account for the authority of law, then according to Raz it is not a...


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Details: - Mark: 72% | Course: Jurisprudence | Year: 2nd/3rd | Words: 2460 | References: No | Date written: Not available | Date submitted: April 05, 2011 | Coursework ID: 670

Question: Critically assess the validity of Dworkin’s criticisms towards positivism and whether natural law theory may itself be disputed.

Answer: This directs attention towards the fictional judge developed by Dworkin, Hercules J. He is a judge with superhuman skill, learning, patience and acumen used to illustrate an idealistic process, fundamentally essential to...


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Details: - Mark: 72% | Course: Jurisprudence | Year: 2nd/3rd | Words: 2644 | References: Yes | Date written: January, 2010 | Date submitted: February 15, 2011 | Coursework ID: 647

Question: What are the major sources of United Kingdom law?

Answer: European Law, Parliamentary legislation, Common law and ancient custom together represent the major sources of United Kingdom law. Dating from the UK’s entry into the European Economic Community in 1973, it has...


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Details: - Mark: 72% | Course: English Legal System | Year: 1st | Words: 1557 | References: No | Date written: November, 2009 | Date submitted: December 28, 2010 | Coursework ID: 627

Question: LLB European Union Law 3rd Year - Assess the role of the Maastricht treaty in the development of the European Community.

Answer: The Maastricht treaty (formally, the Treaty on European Union, (TEU)) was signed on 7 February 1992 by all member states of the European Community in Maastricht the Netherlands. Upon coming into force...


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Details: - Mark: 72% | Course: European Union Law | Year: 2nd/3rd | Words: 1546 | References: No | Date written: January, 2010 | Date submitted: June 25, 2010 | Coursework ID: 609

Question: “The UK case law has failed to provide coherent guidance for dealing with tax avoidance. The House of Lords has admitted that all attempts at clarification have only raised fresh doubts and further appeals…Under the guise of purposive statutory interpretation the courts are making distinctions based not on the wording of the statute in context, but on external, policy considerations. The judicial approach requires a proper framework, which could be provided by layered legislation, including a principle-based GAAR.”

[Judith Freedman, ‘Interpreting Tax Statutes: Tax Avoidance and the Intention of Parliament’ (2007) LQR 53, 90]

Discuss.

Answer: “The avoidance of taxes is the only intellectual pursuit that still carries any reward.” John Maynard Keynes. I. Introduction Avoiding tax liabilities is a common goal shared amongst many taxpayers; and the...


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Details: - Mark: 72% | Course: Commercial Law | Year: 2nd/3rd | Words: 2352 | References: Yes | Date written: March, 2008 | Date submitted: April 20, 2009 | Coursework ID: 492


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