Introduction to statutory interpretation

Introduction The purpose of this assignment is to give a clear definition of statutory interpretation and the approaches associated with it. This is so a better understanding can be created on how judges use these approaches to interpret statutes when in court. Statutory interpretation consists of three main rules which are described as the literal … Read more

Statutory Interpretation – application to a case study

Foundations of Law: Statutory Interpretation Essay Q 2 At a surface level, when supplied with the information regarding the case of Billy Tripe, one would believe him to be held responsible for the mistreatment of his herd of alpacas. However, upon closer inspection of Mr. Tripe’s case, in particular, the circumstances of the misfortunate treatment … Read more

What requirements fall upon the state to distinguish legitimate democratic process from mob rule?

Introduction This paper examines what constitutes legitimate democratic process by considering attempts to justify democracy on purely intrinsic or purely instrumental grounds. These conceptions of democracy are then challenged by the conception of mob rule as tyranny of the masses, the problems associated with democracies by their very nature of being democratic. I shall examine … Read more

Universal jurisdiction

This article analyzes and evaluates the principle of universal jurisdiction and the difficulties in its implementation. There is still a number of obstacles legal and non legal to proper and better implementation even if this principle is well known. About the principles of universal jurisdiction can something original or new be discovered or asserted? Universal … Read more

The CJEU case-law on horizontal direct effect

The CJEU case-law on horizontal direct effect of directives arguably lacks consistency in regards to the application of the general principle. The principle of direct effect was established in Van Gend en Loos v. Nederlandse Administratie der Belastingen. Although there is no set definition of direct effect, a broader definition was provided in Van Gend … Read more

Requirements for a valid trust

A trust involves both a legal and an equitable title. Lord Langdale identified the three requirements required to validly create an express trust in Knight v Knight . This essay focuses on how ‘flexible’ the certainty of subject matter should be, with regards to the problem that arises when it is defined as a portion … Read more

Personal injury law reforms – October 2018

The Government has confirmed a number of reforms to the personal injury sector which are contained in the Prison and Courts Bill. These include an increase in the small claims limit to £5,000 for road traffic accident related personal injury claims (e.g. whiplash). For all other personal injury claims, the limit will be £2,000. The current limits … Read more

The duties of a trustee

Definition of bond- A bond is a means of borrowing money by issuing the lender with a transferable security in return for the loan, as well as undertaking to pay interest on the loan and to repay the loan capital at the end of the loan term. International issue of bonds originated in the year … Read more

What is the right of light and how can it be acquired?

The courts strive to find a balance between individuals, businesses and environmental concerns when planning applications arise. The right to light is a form of a negative easement. It should be noted that an easement is a right that benefits one party (dominant tenement) and burdens the servient land. Re Ellenborough outlined the characteristics of … Read more

ALTERNATIVE TO IMPRISONMENT

An “alternative to imprisonment” is any sort of discipline; other than time in jail or correctional facility that can be given to a man who commits an offense. Because a specific discipline does not include time in jail or correctional facility does not mean it is “delicate on wrongdoing” or a “slap on the wrist.” … Read more

Euthanasia (research plan, India)

Synopsis of HLCD project: 1) Methodology: I) Introduction Euthanasia is a word derived from two greek letters eu (good) and thanatos (death), so by the meaning itself euthanasia means good death. Euthanasia is generally granted to a patient who is invariably in a vegetative state and has negligible chances to recover. Many a countries in … Read more

Independent judiciary

Introduction “All the rights secured to the citizens under the Constitution are worth nothing, and a mere bubble, except guaranteed to them by an independent and virtuous Judiciary.”- Andrew Jackson A need of Independent judiciary is recognised by almost all of the countries of the world. This is because the role played by the judiciary … Read more

The judicial system in Pakistan

The current judicial system of Pakistan roots back to the medieval period and even before. The judicial system that we practice today has advanced over a long period of time, crossing roughly over a whole era. The system has passed through several epochs, covering the Hindu era, Muslim period including the Mughal Empire, British colonial … Read more

Protected groups in genocide

“The enumeration of ‘protected groups’ in the definition of genocide should be developed to include any ‘stable or permanent’ group”. Critically discuss. The purpose of the essay is to discuss whether the definition of genocide be given a wider scope to include “any stable or permanent group” within the meaning of protected groups. While the … Read more

Relationship between primary and secondary victim

Firstly, I will look at the issue of proving the relationship of close love and affection between the secondary victim and primary victim in order to be successful in claiming damages for injury. As previously said, this requirement arises out of the Alcock case from the Hillsborough disaster that their relationship with the primary victim … Read more