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Issue – Rule – Application: a Formula for a Perfect Law Essay

September 24th, 2015 Comments off

law essay formulaAfter looking through the first several lines of your law essay, the majority of college and university tutors will certainly have a kind of déjà-vu called ‘seen it, read it, been there.’ If they start thinking about the potential mark for the project, it becomes terribly difficult to come up with one since you’ve actually said nothing new. The idea of the law essay is the same and it’s almost identical to the bunch of the ones provided by your class mates. Make sure to use the following hot tips on how to generate a perfect law essay and have your tutor reading it with his mouth hanging open!

First, ensure to provide context.

Although you may be eager to start outlining your crucial points directly in the very first sentence of the project, just stop for a moment and open your law essay with 1-3 sentences that include some background information that, in its turn, provides solid context for the argument that you present next. For instance: ‘In 2006, the A Act was introduced to the remedy difficulties of B. Nonetheless, from the very beginning it’s been highly criticized by C.’

Second, relate your background information to the question.

Of course, it’s a good idea to provide your reader with some good background material in the introductive section. However, it costs nothing if it is not referred to the law essay question. That is why you, as the author of it, must clearly link the information to the question in the introduction part though using all the key terms in the process. For instance, in case the question is the following: ‘What are the most important consequences of the A amendments?’ In your essay, you could turn to the question this way: ‘The project will address the most recent amendments to the A Act, as well as examine their consequences in regard to B.’

Third, being specific is a must.

Just keep precise in what is related to where your law essay will go. What kind of de-jure mechanisms and reforms are you going to concentrate on? What points will you most likely avoid? Why? Are you going to refer to some comparative theories or jurisdictions? Use as the pattern: ‘The project will include the studying of the civil litigation rules and their general efficiency in regard to the Summary Judgments. The latter have been selected as the main inquiry area for the reason that they represent the mechanism that judges always avail of in order to filter out this or that case that is not supposed to go to trial. The paper will be based on the US experience to imply that the higher threshold test should be applied to the current standards of the NSW.’

Fourth, build up a simple outline of the law essay structure.

This easy technique will help your readers to get the idea of the paper as well as make it comfortable to switch from one aspect to the other. The essay roadmap may look like this: ‘In section 1, the project will include the line of basic recommendations of the N Report. As for the section 2, it will outline the implementation of the recommendations from the section 1 in the existing Amendment Act. Section 3 will examine the critique of the amending instrument efficiency, while the following section 4 will be provided for the outline of the reform possibilities.’

This is the end.

For some unfathomable reason students are afraid to draw their own conclusions directly in the introductive section of the law essay. But there is no doubt about the fact that these actions are seen by the tutors as professional: ‘The eventual conclusion of the project will make it clear that the threshold test directed at obtaining the judgment by default is both – unjust and unsuitable.’

Sample Essay on Utilitarian Theories by Jeremy Bentham

September 24th, 2015 Comments off

Jeremy BenthamWhen the conversation flips to the utilitarianism, the history of philosophy distinguishes it as one of the most persuasive and powerful approach to what is called ‘normative ethics’. Although the term of ‘utilitarianism’ wasn’t fully articulated right until the nineteenth century, a wide range of utilitarianism positions could be observed from the very rise of ethical theory.

A great number of varieties of utilitarian theories have been discussed widely, but, generally, utilitarianism is associated with the following view: a particular morally right action is the one that is crowned with the most good. Although these definitions may vary among the philosophers, the ones produced by Classical Utilitarian Jeremy Bentham deserve particular consideration.

According to Bentham’s theory, ‘the good’ is the synonym for ‘pleasure’, which means the philosopher was the hedonist about value. He also held on to the belief that human beings ought to maximize the good, i.e. to bring a huge amount of good for the greatest number.

His famous theory holds that we all are ruled by two kings of our lives – pain and pleasure. We are looking for pleasure and do our best in order to stay away from pain, philosopher said. Based on his views, ‘two sovereign masters’ govern humans in all they say, or do, or even think.

Jeremy Bentham also propagated the utility principle as the basic standard of right action on the side of people and governments. His theory states that actions are approved only when they have a tendency to cause happiness, and disapproved when they are such as to promote pain. Throw in a view that people are supposed to exert every effort in order to promote happiness in every aspect of life, and what you got is a significant inconsistence with psychological egoism.

In Jeremy Bentham’s theory, any action that confronts to the utility principle is never wrong. What is more, it ought to be done, or at least there are no obstacles for it not to be done. However, the reformer doesn’t use the word ‘duty’ in this case. To his/her mind, duties are rights, the notions of the legal nature related directly to the notions of sanction and command. Talking about natural duties and rights suggests a law with no legislator and besides, it is irrational just like talking about a daughter without her parents. In addition to the theoretical considerations, the philosopher also condemned the belief in natural rights on account of the fact that it inspired bloodshed and aggression, as it happened during the Revolution in France.

By means of the criteria of duration, intensity, proximity, productiveness, certainty, extent and purity, Bentham reviews the punishment concept, as well as when this very punishment should be used in order to create more happiness and pleasure or pain for people. Instead of repressing the acts of violence, the philosopher points out that some of the unnecessary punishments and laws could eventually cause more dangerous acts than the ones being punished, as well as requires the legislators to properly measure the pains and pleasures that are associated with any kind of legislation and to generate laws to provide the greatest good.

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Sample Essay “Natural Law vs Positive Law: Human Nature vs Social Justice”

September 3rd, 2015 Comments off

law schoolThe very moment the founders of America set foot in the ‘promised land’, they had a detailed plan on what kind of government they would like to set. They were fully aware of the fact that arbitrary power and monarchy were really far from what is called freedom. Keeping that in mind, they decided to found the republican type of government that would be based not on the ‘positive law’, but on the ‘natural’ one.

To make it clear, let us clarify what the ‘natural law’ is. The notion is based on the premise that the rights of the human beings are given by Lord or nature and are absolutely inherent to everyone. As for the ‘positive law’, it begins with the belief that all our rights come from the representatives of the government, the members of the society or the other men. Besides, ‘positive law’ believes that these very rights can be taken back any time. ‘Positive law’ is the concept that social justice is based on. It tends to generate artificial equality by means of force and strict regulations. This in turn conflicts with the human nature. In other words, any law that has been created by a human being will always go against the ‘natural law’ that originally comes from the human nature.

With vivid memories about the sufferings and pain caused by European monarchs, the USA founders created a government with the foundation made of ‘natural law’. Thus, they had an oopportunity to establish Constitution recognizing that human beings are free to exercise their natural rights. Moreover, one of the first purposes of the US government was to keep the natural rights under solid protection. The Constitution was the very tool that prevented the representatives of the government from trampling natural rights in order to reach their money-oriented goals.

In ‘positive law’, it is the government representatives that decide what is right and what is wrong, and who should be the one to blame. This is where our rights are at risk and the things are usually go all wrong since the nature of human beings is absolutely inherent.

Now we can talk more precisely about the ‘natural law’ requirements. The only case when it curtails people’s rights is when these people violate natural rights of the others. When the situation occurs, the so-called due process is used in order to set the most reasonable punishment.  But the problem is that in a society, where routine is based on ‘positive law’, the government may deprive the guilty individuals of their liberty, property and even rights to reach some greater social needs. That’s what we see in our everyday life, all over the globe. The governments take away our freedom in the name of some phantom ‘social justice’, which is non-constitutional.

More than once, the Progressives made an effort to go back to the old ideals of the founders in order to guarantee equality as well as social justice by means of the law force. However it goes against the ‘natural law’ principles. While we all are created equal, we are not going to equally achieve. Taking away something from one individual in order to create the so-called ‘equity’ means to cause a real warfare between classes as well as undermine human’s liberty.

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Essay on the Positive Law and Economics

August 28th, 2015 Comments off

person writingThe term ‘positivism’ is used in the area to describe a range of universal specific methods that are exclusive to various disciplines. The so-called positivism in the segments of law and economics isn’t the same. What is more, its fundamental assumptions are completely different.  We make sure to use the words ‘positive’ and ‘positivism’ in order to discuss the nature of law or a special method to study this law.  Talking about the positive law means to describe the society legal rules just the way they are established, rather than we may think they are supposed to be. At the same time, legal positivism is also about the studying of the law of society that is scientific to some extent.

Legal positivism tends to be related to a set of theories that law comprises a range of rules that are generated by the sovereign, rather than from one of the higher places. For instance, a legal positivist is absolutely sure that law should be separated from what we call morals. However, some of the legal positivists make certain to treat moral statements as some special social conventions that may one day turn into the legal rules. The positivist, who is engaged in studying the society law, will most likely find it extremely important to study the society morals as well. However, he/she will deal with this study not in a normative, but in a scientific way.

Economists tend to make use of the term ‘positive’ in order to discuss economic analysis not as normative, but descriptive. According to the positive economic analysis, when there are some premises, A, B, some conclusion C will definitely pop up. For instance, a positive economic analysis proposition may be the following: ‘In case domestic manufacturing appears to be uncompetitive, certain quotas on overseas imports will result in higher prices.’

When the matter concerns positivism in law and economics, it is necessary to say that positive economic analysis of law always tends to identify a legal rule and later provides some descriptive statements regarding the possible economic effects of that very legal rule. For instance, the statement ‘predatory pricing anti-trust law forces some of the leading organizations to set inadequately high prices’ is related to the positivism in both segments – law and economics. First of all, one should distinguish the legal set of rules against the greedy pricing, a typical exercise in legal positivism methodology. Next step in such case is to identify the effect of the legal rules mentioned above on the organization’s incentive, as well as the follow-on effects on the locative efficiency, the economic positivism methodology application. This mixture of economic and law positivism can be also traced in the economic analysis of legal institutions like juridical opinion, legislative process, courts, as well as the rules of the civil procedure. In this case, the positivism law and economics researcher exert every effort to identify the range of institutional constraints regarding the legal making of the rules, as well as to generate an economic theory that gives an explanation for the effects of such constraints.

How to Write a Good Research Proposal for a Law Paper

August 27th, 2015 Comments off

data entryOnce you’re at the research proposal writing stage, it’s good to keep in mind that the process requires the author to be familiar with the methodology of research as well as legal method course. The research proposal for the law paper should be submitted to the university supervisors within the set deadline – make sure to meet one.

First thing to remember is that the law research proposal must include not more than 2500 words. But this number does not include bibliography and footnotes. The cover page must include the title, name, registration, completion year, word count, supervisor’s name and the date.

As soon as you have the topic of the research proposal, allow yourself enough time to identify the specific problem that you will be researching though stating an overall question. The topic could be the broad segment of law, but make sure to choose the one that is related to the area you like best.

As for the proposal structure, there is no guidance regarding the format of proposal, as well as how its content should look like. Typically, it’s the supervisor that decides in what order the Research Methodology and theoretical part should be placed.

A law paper proposal may include either background or intro, or both. This will depend on your supervisor’s way of thinking. But the typical thing about this part is that it sets out a broad, but hooking start to the area of research being performed. As a rule, it is not long, but it includes catchy information that presents your topic to the readers. For example, the intro of the research proposal of the law paper may look like this: ‘Article 51 of the United Nations Charter reveals that an armed attack originally comes from the other American state. However, the state practice proved that there were special cases, when the attacks were justified by the states on the territory of the other in the name of self-defence, when this very attack was caused by a non-state actor. It is necessary to mention that customary and treaty international law recognize the right of the state to take some measures to stop the danger that has been posed to the citizens and the state.’

The law paper research proposal requires you to state the problem you work on. It usually includes a concise matter that has arisen in a certain context and consequently must be properly investigated and the right solution recommended at the end. To cut the story, what you are about to research is what you have to describe in this part.  Take a look at the following example: ‘The problem that comes up lies in whether the self-defence right should be exercised legally in the event of the armed attack that happened against the American state by a non-state actor. That is, the problem is whether the American state should be responsible for the international law on regard to the armed attacks by the non-state actor working form its own region and thus become the object of the retaliatory attack by the victim territory in exercise of the self-defense right.’

It is recommended to limit your research proposal to a single legal question. The following questions may serve as an example for your own project: What do we call ‘the armed attack’? Does the Article 51 of the Charter of the United Nations consider an attack by the non-state actors as the armed attack? Does the attack made by the non-state actors relate to the armed attack? Make sure to choose one of the alternative research questions or work out your own.

How to Write a Law Dissertation Proposal

August 14th, 2015 Comments off

law dissertationThe key purpose of the proposal is to provide the representatives of the admissions team with an opportunity to check the potential originality and feasibility of the research. Besides, the project is usually being accomplished to make sure that every successful applicant is assigned with an appropriate supervisor. Typically, the length of the law dissertation proposal is between 1500 and 2000 words. We strongly advise you to consider our simple guidance while working on the law dissertation proposal project.

Working on an introduction for the law dissertation proposal? Make sure to set out your key reasons for engaging with this very kind of study. All the ideas should be set into the academic / theoretical context. Describe the purpose and nature of the research, outline the problem and indicate the goals you’re willing to achieve.

The primary focus of the project is typically explained within the aims and objectives section. What is the difference between the aims and objectives? When the question is about the aim of the dissertation proposal, remember – you deal with some sort of aspiration or intention. Besides, aims are based on what you are hoping to achieve at the end of the project. As for the object, it is all about the step that you make in order to meet your aim. To cut the story, the object of the law dissertation proposal is all about how you achieve your aims.

When writing the methodology of your dissertation, make certain to explain what methods you used in the process of research and development of your proposal. It is highly required to explain what methods you’ve used in order to gather information. However, it is not allowed to include questionnaires and interviews since these elements should be provided in the appendices of the dissertation.

The other part of the law dissertation proposal is the literature survey that usually uses a descriptive writing approach. Within this section the author of the law dissertation proposal can demonstrate how he’s filling the perceived gap in the theory of knowledge that already exists. What is more, you are also free to purpose something that is controversial or goes against the ideas that exist nowadays.

And lastly, it comes down to the constraints of your research. You, as the author of the law dissertation proposal, will have to include them into the project. A lot of topics usually have broad links to various issues that are more complex. Thus, by clearly explaining the research constraints, you will have a chance to demonstrate your thorough acknowledgement and solid understanding of these larger issues, as well as the role they play by focusing the research exclusively on one part or the section of the subject.

Mind the references. The list of references should be included at the end of the law dissertation proposal project and demonstrate how deep your research is. It also acknowledges your information sources and protects you from possible charge of plagiarism.

Common Law Essay Topics

August 14th, 2015 Comments off

law schoolIt can be a pretty tiresome job coming up with a fresh topic for the law essay. Typically, a lot of research is integrated into writing an idea and the number one rule is to keep it as specific as you can. In case you are in need of help with finding the right topic for your law essay, consider the ones that are described in the article below.

Legalization of Abortions

Abortion, as well as its legalization, is the topic that is always disputed about. Abortion is a really hard decision for every female, but the ladies have been making it for centuries already. Make sure to dedicate your essay to the very old topic, but highlight from an exclusively new angle.

Same-Sex Marriages

The other hot topic that people are still arguing about all over the globe, in all possible walks of life – the relationship between gay individuals. What is your viewpoint on a particular issue? Give your reasons why (or why not?) the same-sex relationships should be legalized.

Legal Drinking Age

Seems like it’s been much said about this particular problem, but you will definitely have something to add. Nowadays, the rates of drunk driving will more than likely not increase, in case the legal drinking age is not lowered. The point is that lowering the drinking age may cause the increase of the drunk driving amount, as well as add to the rate of car accidents. Share your views on the issues.

Prostitution Legalization

Why should or shouldn’t prostitution be legal? What is your personal opinion on the world’s most ancient profession? While some people state that the most ancient job should be protected by the law, the others argue with it. Without a doubt, trading sex for money has been in our everyday lives for a long period of time and has been widely practiced by Romans, Greeks and China civilizations. But the question is – are we supposed to live with it or, probably, it’s time to put an end to the business?

Euthanasia: to Do or Not to Do?

The “good death” is one of the matters that people are arguing about all over the world. In the modern societies euthanasia is considered the process of taking away the life of a human being, who’s suffering from a disease that cannot be cured. The process is usually painless and that is why a lot of people give their preference to it in order to help the ones they love to stop suffering from unbearable pain. At the same time, a great number of countries on the globe are against the “good death” and any type of it. Make sure to discuss the legalization of euthanasia in your country, and why it should or shouldn’t be protected by the state law.  In case you have real life examples of the situation, when your family member or a friend decided to turn to the option of euthanasia due to the painful illness, include it into your project.

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Essay on Legal Ramifications of Littering

August 14th, 2015 Comments off

people litteringBefore we proceed to the legal ramifications of littering, let us make it clear regarding what littering is. Litter is a sort of rubbish that has been improperly disposed, at wrong location and usually without any consent. In other words, littering is about throwing away various objects on to the ground instead of putting them into the recycling or garbage bin. In general, any kind of waste from factories, private houses or industries must be placed either in the waste to energy plant or in the recycling bin. All the other cases are simply illegal. Although the fines may vary from state to state, as well as by county and by city, people will definitely be charged in case they are caught littering.

Among the ramifications that are caused by littering, it is important to point out that litter can become the cause of serious accidents. All that is required for the accident to happen is just some trash thrown on the road. Whether it’s because some driver accidently drives his Mercedes over some wooden crate on the road or some other person swerves his Toyota in order to avoid the trash, a car accident can be caused by littering on the road. And car accidents, as we all know, cause severe injuries and even deaths.

The wildlife suffers greatly from the littering, experts say. Animals may simply get trapped or even poisoned with a variety of litter. The filters or butts from cigarettes are pretty dangerous for the world of wild creatures. What is more, they have been found in the stomachs of whales, fish and birds, who have thought that it was just a kind of food. In addition, the fluffy ones can get serious discomfort and trapped in the rubbish. For instance, the plastic that we usually make use of in order to hold beverage cans together can simply get wrapped around the necks of the animals and cause the suffocation. And finally, animals can be harmed by broken glass found here and there in a grass.

Illegally dumped rubbish can pollute the air we breathe, leach into water we drink and contaminate soil. The most hazardous in this group are the tires that can smolder for a long period of time when burned. Nowadays, thirty eight states in the US have relevant laws that ban the deposition of the whole tires in landfills.

Undoubtedly, litter can be quite hazardous. Discarded goods, sharps waste as well as pathogens caused by litter can become the number one cause of accidental harm to people.

As for the economy segment, litter carries pretty extensive cost to the area. For instance, when the question is about the United States of America, the litter cleaning usually costs hundreds of dollars for one ton that is almost ten times more than the trash disposal cost. If you really want it to stop, set a good example yourself. Stop littering now and make sure to encourage your family and friends do the same. A really good food for thought, don’t you think?

Research Paper on Legal Consequences of Plagiarism

July 8th, 2015 Comments off

thief illustrationWhen the question is about the plagiarism consequences, they can be professional, personal, legal and ethical. When assigned with the task to complete a research paper about the consequences of plagiarism, make sure to focus on each type of plagiarism within the body of the project.

When working on the introductive section, remember that it should not exceed two pages. The purpose of this segment of the paper is to inform your readers on the rationale behind the project, with the intention to later expand on it. Thus, your reader will have an opportunity to understand as well as appreciate all of your objectives.

This is the time, when you’re supposed to be working on the body of the research paper. Begin your research paper with the statement that plagiarists can include not only students, but also experienced professionals, academics, journalists, authors and many others. However, with the special plagiarism detection systems that are nowadays available for free use, all plagiarists can be caught at an alarming rate.

Start investigating the consequences of plagiarism, one after another. The very first legal consequence of plagiarism is destroyed student’s reputation. Once the student is accused of plagiarism, he can be suspended or even expelled. Plagiarism allegations can probably cause the student to switch from one college to the other. The thing is that colleges, high schools and the other educational establishments are very strict when the question related to plagiarism. A lot of schools make sure to suspend students for the very first violation.

Make sure to mention that not only student’s reputation, but also the name of a business person can be blackened. A public figure may face with the fact that plagiarism will be there in his or her career for good. Include the possible consequences for the representatives of business area. These may be getting fired from the present position as well as problems with finding a new respectable job.

The other type or legal consequences of plagiarism are related to the completely destroyed academic reputation.  Once the academic career is scarred with any kind of plagiarism allegations, it may be ruined. Taking into account that publishing is an integral part of a successful academic career, make sure to search for the famous persons who have lost the ability to publish due to the plagiarism allegations.

The other chapter of the research paper on the topic should include legal percussions of plagiarism. They can be pretty serious. Make sure to state that people are not allowed to use another person’s written material without proper reference or citation. Search for the related laws to support your statements.

A highly egregious type of plagiarism that should be mentioned within the paper is the plagiarized research. In case the research is performed within the medical area, the plagiarism consequences can mean the loss of lives of the others.

Before you write the research paper about the plagiarism consequences, make sure to learn about plagiarism itself. Find out what exactly constitutes plagiarism and how to avoid it.

Corruption Essay Sample: Corruption – One of the Wicked Sins

June 30th, 2015 Comments off

There’s no doubt that nowadays corruption is one of the most undesirable sins that is here and there like a silent monster waiting for mere mortals. This is what the majority of people consider to be God of modern society. It is not an exaggeration to say that corruption has not only led to the poor law, but also caused such unpleasant things like poverty and general society disability. In other words, all the values related to morality have been destroyed by this evil power. But what is even worse – corruption is still growing every single day in huge proportions and there is no sphere in politics, economics or society that is free from it. It seems like it is an integral part of an everyday life and simply inseparable…

Under every stone we pick up, behind every closed door – corruption can be seen everywhere. Thus, it is a shame that we accept and for some unknown reason deny thinking that it’s a part of our selves already.

It’s not a secret that human beings’ souls are full of various temptations. That’s our nature, after all. And in fact, cash and shiny gold is a sort of a bait for all those officials and politicians, who can’t imagine their everyday lives without bribes any way. They are simply in need of something in order to get rid of that itching on the hands. However, the stink lies in the very hypocrisy that usually accompanies it.

There’s nothing more disheartening than when an absolutely corrupted individual is talking about high moral standards after taking a huge bribe and is trying to make people live in accordance with the ideologies and principles of Jesus Christ, and always remain honest. However, all the politicians, ministers and officials do exactly the same. They have a solid belief that it’s how our life is arranged and their routine is simply impossible without the incurable disease called ‘corruption’.

It’s so sad that just like some evil character from the book, corruption is getting into every aspect of our life. There are more and more greed addicts that exert every effort in order to push humanity into a decadence era. Every member of our society nowadays – be it a judiciary individual or a government representative – all are longing for personal profits.

Only energetic youth can be that huge power that can actually destroy the corruption. It has enough will and strength to attach with full force the government that is feeding this ‘tumor’. Without a doubt, it is the right time to bring the positive reforms out, so that every society member not only dream but also does his best in order to develop the world that is not only a good place to live but also absolutely free from corruption.