Will presumed consent for organ donation violate the rights of the deceased?

Unless it is devised as soft opt-out system that allows the next of kin to make the final decision, presumed consent for organ donation will violate the rights of the deceased leading to fear and a reduction in available organs. Introduction The British Prime Minister, Theresa May proposed to remove the need for donor cards … Read more

Whether current human rights law adequately solves the homelessness situation in England

Introduction The topic of this paper invites the reader to consider whether the current human rights law adequately solves the homelessness situation in England. There no single threat which sufficiently defines homelessness but for the purposes of this paper, the statutory definition of a homeless person, as outlined in Part VII of the housing Act … Read more

Judicial process and review in American Courts

As Judicial Process in America discusses, judicial review is one of the features that sets American courts apart from those in other countries. Judicial scholar Herbert Jacob says “the United States is the outlier in the extraordinary power that its ordinary courts exercise in reviewing the conditionality of legislation” (Carp, 2017). As we discussed in … Read more

Adverse possession claims (squatters)

There are two main requirements for squatter to be fulfilled prior to claim an adverse possession, proving that he was in factual possession of the land with the necessary intention to possess. These requirements were recognised in the case of Powell v McFarlene (1977) which decided in Court of Appeal and affirmed in the case … Read more

Critical evaluation of whether the law adequately protects the interests of individuals with mental disorders in light of the Human Rights Act.

PART 2: Critical evaluation of whether the law adequately protects the interests of individuals with mental disorders in light of the Human Rights Act. The following critically evaluates, in particular, the Human Rights and the Mental Capacity Acts, to determine whether the law adequately protects the interests of individuals with mental disorders in light of … Read more

Addressing Tensions in Supporting Adults with Mental Illness and Their Carers

This essay critically explores the inherent tensions within social work (SW) law in relation to adults with mental ill health (MIH) and their carers in England and Wales. The discussion centres on key legislation, such as the Mental Capacity Act 2005 (MCA), the Mental Health Act 2007 (MHA), and the Care Act 2014 (CA) (Department … Read more

Legal framework for UK housing / tenant/landlord relationships / ASB (Wales compared to Scotland)

PURPOSE OF BRIEFING PAPER:- To support a session for delegates on how law impacts housing practice: 1. Legal framework for UK housing, predominantly Wales; how housing decisions are challenged in court through equalities/human rights. 2. Key legislation of tenant/landlord relationship in Wales, identifying differences to Scotland. 3. Anti-Social Behaviour (ASB) housing laws in Wales compared … Read more

Extent that legal remedies for victims of domestic violence meet their needs

Domestic violence is an international phenomenon affecting its victims, their families, friends and people from wider society on all aspects of their lives, regardless of the victims’ age, culture, gender, social status or religion (Dobash and Dobash, 2004, UN , REF). Although domestic violence does not have one general definition, this essay will use the … Read more

System of precedent / stare decisis

Introduction The system of precedent is based on a doctrine of stare decisis which means to ‘stand by what has been decided and do not unsettle the established’. The system of precedent refers to the source of law where past decisions of the judges create law for future cases to follow. This includes the judicial … Read more

Critically evaluate the definition of actual occupation

In this essay I will attempt to critically evaluate the definition of actual occupation. In order to do so first it is needed to refer to the Land Registration Act 2002 , which provides a rule whereby a closed list of certain interests can override a registered disposition. Within which it states that the claimant … Read more

Is legislation the most important source of law in England and Wales?

This essay is based on the sources of law from the uncodified Uk constitution and relevant examples will be provided throughout. The detailed essay focuses on the 5 different sources and the argument that the “legislation source is the most important one within both England and Wales” will be analysed and examined with finally a … Read more

Overview of US law

A law is a rule of conduct, generally found enacted in the form of a statute, that proscribes or mandates certain forms of behavior. 1. Nature and Purpose of Law a. Laws keep people safe and ensures fairness and protection of basic rights to all individuals. Statutory law is written or codified law; it is … Read more

Cyber crimes in various jurisdictions and the criminal justice system in Sri Lanka.

Information technology continues to have an ever-growing impact upon society and the way that society conducts its affairs. Information and communications technologies have spread out in almost in every professional, commercial and industrial activity and most organizations would find it difficult, if not impossible, to function without relying heavily on these technologies. On the other … Read more