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- Level: LLB
- Subject: Public International Law
- Type: Critical review
- Grade: TBC
Critically evaluate whether Article 38 of the Statute of the International Court of Justice provides a hierarchical and exhaustive list of the sources of international law.
Article 38 of the Statute of the International Court of Justice provides that: “1. The Court, whose function is to decide in accordance with international law such disputes as are submitted to it, shall apply: a. international conventions, whether general or particular, establishing rules expressly recognized by the contesting states; b. international custom, as evidence of a general practice accepted as law; c. the general principles of law recognized by civilized nations; d. subject to the provisions of Article 59, judicial decisions and the teachings of the most highly qualified publicists of the various nations, as subsidiary means for the determination of rules of law.
Download- Level: LLM
- Subject: Equity and Trust Law
- Type: Critical review
- Grade: TBC
In its recommendations to Parliament on aspects of the law relating to the property rights of cohabitees upon separation, the Law Commission in its report "Law Com No 307 : Cohabitation: The Financial Consequences Of Relationship Breakdown”, considered that"…despite Stack v Dowden …the need for statutory intervention remains” (2.12 at page 20)
An implied trust can only arise in the absence of an express trust.2 The starting position in determining the equitable ownership of any property is that equity follows the law: if one person owns 100% of the legal title, they will be presumed to own 100% of the equitable title.3 Implied trusts represent an exception. A resulting trust arises where multiple individuals have each contributed to the purchase price of the property, holding shares in proportion to their financial contribution.4 A constructive trust arises when the parties share a common intention that the party without legal title should have an interest in the land, which that party then detrimentally relies on. 5 Common intention can be established by evidence of express discussions, financial payments towards the property, or from a general course of conduct.6
Download- Level: LLM
- Subject: Jurisprudence
- Type: Coursework
- Grade: TBC
'Legal philosophers argue… about an ancient philosophical puzzle of almost no practical importance that has nevertheless had a prominent place in seminars on legal theory: the puzzle of evil law." - Ronald Dworkin, Justice for Hedgehogs (Harvard University Press 2013) p 410 Critically assess this statement and evaluate its relevance, both in terms of Dworkin's own theory and the theories of his critics.
The puzzle of evil law refers to the dilemma which judges find themselves in when asked to apply a rule which purports to be law that happens to be morally reprehensible, such as the American Fugitive Slave Act or the dictates of the Nazi regime. Does the evil rule qualify as law, despite being evil? If it is law, is a judge obliged to apply it, and what is the nature of that obligation? Does the legal nature of the rule have any bearing on the judge’s obligations to apply it? In his book Justice for Hedgehogs, Dworkin characterises this debate as one which occupies much theoretical time but which is nevertheless of little practical importance.1 This essay will critically assess this view and evaluate its relevance, both in terms of Dworkin's own theory and the theories of his critics.
Download- Level: LLB
- Subject: Criminal Law
- Type: Essay
- Grade: TBC
Below is a sample legal opinion/ professional advice written for a man charged with a series of criminal offences.
1. XXX XXX is charged with racially aggravated affray, two counts of robbery, having an offensive weapon, possessing a controlled drug, and possessing a controlled drug with intent to supply. He faces trial at Gillingham Crown Court. The preliminary hearing was heard on 8th February 2008 and the Plea and Case Management Hearing is listed for the 21st March 2008. I am asked to advise Mr XXX on the merits of making an application to stay the proceedings as an abuse of process.
Download- Level: LLB
- Subject: Tort Law
- Type: Essay
- Grade: TBC
The only way to explain a law of tort that includes both fault- based and strict liabilities is to accept that "tort is what is in tort books, and the only thing holding it together is the binding' (Tony Weir, An Introduction to Tort Law (2nd edn, OUP, 2006)ix)
This essay will critically examine whether Weir’s position is true. It will identify what appears to distinguish tort from other forms of civil liability, and then examine whether there is any unifying principle explaining why all torts have these common features, with particular focus on explaining how fault-based and strict liability torts can coexist under the same heading.
Download- Level: LLM
- Subject: IP Law
- Type: Essay plan
- Grade: 1st
The exceptions to copyright infringement do not provide a fair balance between the rights of the copyright owner and users of copyright works. Critically discuss the above statement with reference to statutory provisions, judicial authorities and academic literature.
This essay will critically discuss the view that the exceptions to copyright infringement do not provide a fair balance between the rights of the copyright owner and users of copyright works.
Download- Level: LLB
- Subject: Equity and Trust Law
- Type: Essay
- Grade: TBC
What is the correct test for liability for those who receive assets dissipated in breach of trust?
The area of law under consideration comprises the personal liability of a third party to a trust who has received and misapplied trust property. Where they have retained the property, or its proceeds are traceable, the deprived beneficiary may have a proprietary remedy. Where the property has been dissipated, however, no proprietary remedy is available and the beneficiary’s claim is in the law of obligation, as a right in personam. It is this head of liability with which we are concerned for current purposes. This area of law is most controversial, with Birks and Lord Nicholls advocating the approach that the Australian courts have recently adopted in Say-Dee Pty Ltd v Farah Construction Pty Ltd, that of strict liability for unjust enrichment. Conversely, the English courts and Professor Lionel Smith take the opposing view that fault is required where a third party receives and misapplies trust property.
Download- Level: LLM
- Subject: Corporate Law
- Type: Essay
- Grade: 1st
'Critically consider the extent to which the case of Prest v Petrodel Resources Ltd in 2013 has permanently altered the law and the effect if any on the meaning of corporate personality.'
The relatively short judgment in the United Kingdom Supreme Court case of Prest v Petrodel Resources Ltd1 (herein, Prest) has garnered vociferous interest from academics and practitioners. Prest was of particular interest because of the legal cross-over between family law and corporate law. Both sides of the profession were affected differently. The solicitors representing the appellant, Prest, stated that ‘the decision is of major importance not only for family law and divorcing couples, but also for company law (…) and, is the most important review since Victorian times’ on the law regarding ‘piercing the corporate veil’.
Download- Level: LLB
- Subject: Equity and Trust Law
- Type: Essay
- Grade: TBC
The Quistclose trust.
Ever since Barclays Bank Ltd v Quistclose,1 trusts have been inferred by English courts where a transferor gives an asset to a transferee for specific purpose and the latter uses the asset for another purpose. However, Quistclose trusts are valid as purpose trusts because there is no ascertainable beneficiary who can enforce the trust at the time of the transfer. The transferor only becomes empowered to enforce the trust in the event that the supposed trustee (the transferee) fails to perform their duties or fulfil the specific purpose. Also, there is no marker by which to measure the existence of the Quistclose trust. The transferor is entitled to take back the asset on the grounds that the purpose for the transfer was not fulfilled by the transferee giving the impression that the asset results back to transferor. However, a careful examination of the decisions that have applied Barclays Bank Ltd v Quistclose reveals that the decisions collectively distort traditional rules of equity. It is uncertain why a trust is inferred from a failed contract when the transferor may simply rely on the remedies for breach of contract. It is difficult to explain why courts continue to hold that a trust arises from the transferee’s failure to fulfil the purpose set in the contract between the transferee and transferor.
Download- Level: LLB
- Subject: Employment and Labour Law
- Type: Coursework
- Grade: TBC
Consider the impact of the behaviour of Blue Car Rental's owner, and advise their employees as to their rights.
The Equality Act 2010 ( EA) which came into force on 1st October 2010 replaces and consolidates a number1 of different acts into a comprehensive and wide-reaching ‘unitary’ statute.2 The EA identifies and describes nine protected characteristics from the effects of discrimination .3 The purpose of this paper is to explain how two of these characteristics, race and religion, are treated under the EA in respect of the various actions performed and language communicated by Ian, the employer of Blue Car Rentals Ltd., and any resultant consequences that ramify as a result of his conduct. The paper will also briefly explain some of the potential remedies and actions available to the persons affected by Ian’s behaviour.
Download- Level: LLB
- Subject: Medical LAw
- Type: Essay
- Grade: TBC
Legal Research Task
An example of a 2,500 word legal research piece which is typical of the task required as part of the Bar Vocational Course. This particular piece is on Clinical Negligence and focuses on the law of causation therein.
Download- Level: LLB
- Subject: Advocacy
- Type: Essay
- Grade: TBC
Advocacy Assessment
The Claimant has applied, under Civil Procedure Rules 25.7, for aninterim payment of £20,000 or such sum as the court thinks just. TheDefendant opposes the application.
Download- Level: LLB
- Subject: Employment and Labour Law
- Type: Essay
- Grade: TBC
Legal Research Record
Design and Dress Limited (DDL) has experienced problems due to the alleged harassment of one of their employees, Susie Baker, by another employee, Stephen Harding which, despite internal investigation, has now lead to a formal police report. Can DDL be held be liable for damages in respect of a possible civil claim for harassment; if so on what legal basis and to what degree.
Download- Level: LLB
- Subject: Law
- Type: Essay
- Grade: TBC
Legal Research Answer
The general rule in English law is that a person cannot transfer a better titleto goods than he himself possesses. This rule is often referred to by the Latinmaxim nemo dat quod non habet. Section 21(1) of the Sale of Goods Act1979 (SGA 1979) partially sets out this rule in statutory form, stating that“where goods are sold by a person who is not their owner and who does notsell them under the authority or with the consent of the owner, the buyeracquires no better title to the goods than the seller had
Download- Level: LLB
- Subject: Human Rights Law
- Type: Essay plan
- Grade: 2:2
The conflation of mental disorder with dangerosity in the medico-legal discourse provides legitimacy for the infringement of the human rights of those offenders said to be mentally disordered.
What are the connections drawn between mental illness and dangerousness?
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