"What is the difference between law on the books and law in action" Essays and Research Papers

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    Laws for Women

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    WOMEN’S RIGHTS IN INDIA: ACTS‚ LAWS AND POLICIES Protection of Women from Domestic Violence Act‚ 2005 (PWDVA) The PWDVA came in to force on the 26th of October 2006 as a National Law spanning all of India except for the state of Jammu & Kashmir. The Act is supposed to provide quick protection and relief to women facing domestic violence. Some of the salient features of this Act are: * Only women can avail of the remedies provided under this Act. * The Act provides a broad definition

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    Law Reform

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    Part A. 1. Conditions that give rise to law reform Changing social values: The values of societies change over time. Society is forever changing values which then place’s pressure onto the law to change and adapt over time. What is seen as as acceptable may not be considered acceptable at another time. The urge for tougher sentencing in law reform may satisfy the deserved aspects of punishment‚ but harsher penalties are not statistically shown to reduce crime rates. Thus in seeking to promote social

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    Administrative Law

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    Admin Law Outline Overall Analysis 1. Enabling Statute—What was Congress thinking? 2. Constitutional Questions 3. Is informal rulemaking (quasi-legislative) or formal rulemaking (quasi-adjudicative) appropriate? 4. Is there sufficient notice? The red highlighted material will not be covered on the exam although it is important information for understanding Admin. law. 3 ½ hrs. to complete exam. I. The Origin and Mandate of Administrative Agencies Purpose 1. Regulate personal behavior of

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    criminal law

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    Top of Form Bottom of Form THE UNIVERSITY OF TECHNOLOGY‚ JAMAICA THE FACULTY OF LAW CRIMINAL LAW I CAUSATION ______________________________________________________________ INTRODUCTION Where the actus reus of a crime includes specific consequences e.g. the crime of Murder - the consequence being death‚ it must be shown that the Defendant caused the victim’s death (although the defendant’s act need not be the sole or the main cause of death). A common approach of the courts has been to

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    Language of Law

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    LANGUAGE OF THE LAW Characteristics of the courtroom discourse Eva Přidalová Introduction In all societies‚ law is formulated‚ interpreted and enforced: there are codes‚ courts and constables. The greater part of these different legal processes is realised primarily through language. “Language is medium‚ process and product in the various arenas of the law where legal texts‚ spoken or written‚ are generated in the service of regulating social behaviour.”1 In the Anglo-Saxon common law system‚ a discrete

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    law 401

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    LAW 401 Assessment item 3 Exam Overview document Answer the question in topic 1 using a short essay format. This should not be less than 200 words and not exceed 500 words. Mark/ TOPIC 1 Family Law Q 1 Under the Family Law Act a court must take into account’ the best interests of the child”. What does this mean? What are the factors the court is to consider in determining the best interests of the child and how do these operate Mark/10 Family law and children Answer the following

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    Adminstrative Law

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    Administrative Law – LWZ312 EXAM NOTES 1. PROBLEM SOLVING 2 2. Practical steps 2 3. IRAC Method 2 4. Standard Exam Answers 2 A. INITIAL ISSUES 2 B. NATURAL JUSTICE 2 (i) Hearing rule 2 (ii) Bias rule 2 (iii) Jurisdictional errors in natural justice 2 5. Administrative Decisions (Judicial Review) Act 1977 2 6. Key principles in judicial review 2 7. Narrow/substantive ultra vires 2 C. Simple Ultra vires 2 (iv) Power to regulate 2 (v) Power to prohibit 2

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    European Law

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    EUROPEAN UNION‚ BINDING ACTS AND ADAPTATION OF THE ITALIAN NATIONAL LAW TO THE COMMUNITY. The Treaty of Lisbon‚ signed on 13 December 2007 by the Heads of State and Government‚ was subject to ratification by all 27 Member States of the European Union. Article. 6 of the Treaty provided that it came into force on January 1‚ 2009‚ if by that date all Member States have deposited their instruments of ratification‚ otherwise on the first day of the month following the deposit of the instrument of

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    Cybercrime and Law

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    Lecture 1 Course Intro and Overview Purpose of Criminal Law 1. Regulate‚ maintain and enforce social conduct 2. Discourage behavior harmful to the society 3. Discourage behavior challenging authority’s legitimacy 4. Aim at enforcing society’s more favorable behavior 5. Use criminal sanctions for punishing offenders 6. Incapacitate offenders from continual harming the society 7. Rehabilitate offenders 8. Re-tribute offenders for the harm done 9. Deter potential/repeating

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    The Concept of Law

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    Hart’s theory and legal system Introduction One of the principal lessons of ‘The concept of law’ is that legal systems are not only comprised of rules‚ but founded on them as well. In contrast to Austin who had insisted that the sovereign makes all of the rules‚ Hart argued instead that the rules make the sovereign. In this essay‚ I would like to explain Hart’s theory and how the social rules are related to the legal system and rules of recognition. This essay has five parts. In the first part

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