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OSCOLA: the Citation Formatting of Law Papers

November 4th, 2015 Comments off

letter writingIf the word OSCOLA frightens you, you’re not alone. But it’s not as black as it’s painted in reality. Make sure to get aware of the short introduction to the OSCOLA referencing method provided below, as well as some useful help that will enable you to get started with the project.

Let’s start with a clear statement of what the OSCOLA referencing is. OSCOLA or the Oxford Standard for the Citation of Legal Authorities is one of the most preferred and popular referencing methods that are used by the representatives of the Bristol Institute of Legal Practice and Bristol Law School.

If you are not law school students and you are in need of using the legal materials, you may have to make use of the UWE Harvard referencing standard. However, before you do so, approach your tutor to get the related recommendations.

Now let us take a quick look at how OSCOLA works. According to the method, you as the author must reference all your sources of information used within the project in bibliography section and footnotes. Now, one step at a time. The footnotes. First of all, when citing the other work on the pages of your project, make certain to insert a little superscript number in order to denote the footnote.  At the same page bottom, directly in the footnote, do not forget to insert the reference. When dealing with the footnote reference, it is required to refer to the specific page this is what they call ‘pinpointing’). It’s good to know that MS Word provides the users with an opportunity to automatically insert those footnotes. Now, proceeding to the bibliography section, include all the references at the end of the project in a full bibliography. But make sure to do that right before the appendices. When working on the bibliography section, remember that it is a list that includes all information sources that you have used in the paper. Exactly in this part of the paper you have to reference the information source not as a specific page, but as a whole.  In general, there should be three parts included into the bibliography section: tables of cases, table of legislation and bibliography (meaning, the bunch of all the other secondary sources, journals, books and newspaper articles and so on). Mind that your instructor may require you to provide the tables of cases and legislation right at the paper beginning and separately.

As for the references, in case with the OSCOLA style references in the bibliography and footnotes should be properly formatted in the OSCOLA style. In other words, the punctuation, italics and brackets must be used correctly, while the required bibliographic material should be correctly presented and ordered. If you’ve got some questions related to the OSCOLA style refer to the free guidelines on how to format your project in this style.

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How to Avoid Plagiarism in Law Papers

November 4th, 2015 Comments off

plagiarism tumblrBy the time you’ve become the law school student, you have definitely heard a lot about what is plagiarism and why it is dangerous for an academic success. Writing a law paper is about the development of new ideas, using the educational background, as well as thinking about the existing laws and applying them in practice, and plagiarized content may seriously destroy your reputation. However, using some simple tips one can easily avoid plagiarism and thus, keep one’s conscience clear.

Taking into consideration the fact that the development of almost all ideas is based on the ones that were generated before, it is highly critical for the author of the law paper to be absolutely clear about the possible background of the idea he’s going to include into the project. Just make certain to do a little research in order to find out what ideas are your own thoughts, and what ideas have been developed by someone else. The latter will require proper reference.

There’s an interesting fact about academic environment. Here, the use of the words of the other person without any attribution is forbidden and besides, it directly threatens the original author’s livelihood. When the question is about the practice of law, it is good to remember the general rule set for all the lawyers. The primary goal of every lawyer is to reach the desired legal result. That is why they do not usually care about the ownership of their ideas in the way students are. What is more, in many situations, a lawyer would like to remain behind the curtain and to never be known as the author of the idea. This means that some of the ideas can be re-stated in your own law paper without the request to provide attribution.

When you are busy with the research for the law paper, make sure to take detailed notes. Applying this simple principle will provide you with an opportunity to never get confused later with your own ideas and the words that you have revealed when conducting your research. This will help you to avoid plagiarized content and thus, keep your reputation clean.

Always check the source that stands behind any piece of information. Any time you find the words that seem to be eloquent and perfectly reflect what you are trying to say, ensure to google them up to make sure you are not going to steal what is not yours.

Anytime you are not sure about how to deal with the material that does not belong to you and how to properly cite it, approach your tutors. They are there to help.

The reason why one should stay away from plagiarism, when writing the law papers, is that it brings the most negative consequences. The thing is that law schools’ professors are highly strict about the students providing plagiarized content. Depending on a particular law school, plagiarism may cause both –minor punishment and serious castigation, like being expelled from the school.

Best Property Law Dissertation Topics

November 4th, 2015 Comments off

have an ideaTo every student, who studies law, the vastness of the field he’s engaged in is more than just evident. There are tons of law variations, such as international law, common law, criminal law, civil law, contract law, property law and many others. After a certain period of time spent in law educational establishment, every student comes to the point, when he/she is ready to choose a particular direction to go. Besides, when the time to write the law school dissertation comes, the student has an opportunity to focus on one legal principle and study it in details.

If you are about to work on the property law dissertation, then you should first know that there are two types of property – personal property and real property. Make sure you know what segment of the property law you must discuss in your project. Even though you are dealing with the law sub-division, you still have to conduct a deep research and understand the aspect of work before you start writing.

If you need to produce the best quality dissertation project that will impress both – you and your instructor, make sure to give preference to the winning and hot topic. In case, you haven’t had enough time to ponder over the dissertation topic, consider what segment of property law is the most interesting for you. There’s not need to concentrate on the broad topics since you can’t write about everything at a time.

If you are interested in patent and copyright issues, then your choice should be given to the intellectual property. The subject deals with the ownerships, trademarks and is related to the set of rules that regulate the way individuals own their personal inventions, like artwork, design, computer software, literature, techs and so on.

Below we have provided a short list of topics that may be suitable for the property law dissertations.

– Does the intellectual property regime of the United States of America guarantee solid protection? Try to compare and contrast with the position taken by the United Kingdom.

– Do intellectual property rights influence the economy of the country? If yes, in what way?

– Name any possible links between personal property in the United Stated of America and the Europe.

– What is plagiarism? How harmful is it for the individuals? Are there any particular penalties for plagiarism? 

– Provide the general overview of the real estate profession. Discuss the history and regulation that are related to the profession and particular challenges that the representatives of this segment are faced with.

– The copyright system isn’t capable to efficiently respond to the whole bunch of challenges that are caused by the web and general digitalization. Talk about it.

– The challenging relationship between intellectual property law and contemporary art.   

– What does it mean to be the owner of a unique property or original work of art in terms of the property law?

– Is real estate property the best investment segment that exists nowadays?

– Is there any protection for the unregistered trademarks? Discuss.

The topics for the property law dissertation vary greatly, but make sure to give your preference to the narrow one, to save both time and energy.

Gun Laws in the US

November 4th, 2015 Comments off

gun tumblrAll the gun laws that are passed in the United States of America are required to first of all regulate the process of sale, the possession time, as well as the exploitation of the guns and all related ammunition.

Each of the USA gun laws, including the laws passed in Washington, D.C., differs from one another considerably. What is more, the state laws are independent in their existence, which means some of them are more limited, while the others are broader in their nature than the federal ones. For example, some of the states set a range of the bans regarding the assault weapon. These bans are pretty similar to the one that has already expired – the ban of the federal assault weapons.

It’s worth noting that the laws of the US state level may vary greatly in their content, form as well as the number of restrictions. For instance, 44 united states have a special condition in the constitutions that goes parallel to the USA Constitution 2nd Amendment. The latter is known to keep under protection both – keeping and bearing the guns. However, there are several exceptions here. For instance, the following American states – Iowa, New Jersey, California, New York and Maryland – are the exception to the rule. Nevertheless, the New York statutory civil rights laws package includes a special condition that is virtually similar to the USA 2nd Amendment. In addition to that, the Supreme Court of the United States of America held in the landmark decision McDonald v. Chicago that the 2nd Amendment protections to both – keep and bear guns in the house, apply against the political subdivision and the governments of the state.

The owners of the guns are subject to the firearm laws in every separate state they belong to. Certain reciprocity between the American states occurs in some situations like the ones that are related to the concealed carry permits. They’re accepted one the state-by-state basis. Let’s say, the state Oregon government decides to recognize Idaho permit, but the fact is that Idaho doesn’t recognize the permit made within the state Oregon. In Florida, the local government issues a special license to carry firearms and concealed weapons, while the other states permit only the firearms concealed carry. Some of the American states don’t recognize the permits that come out of the state to carry the firearms. What is all comes down to is that it is highly crucial to be aware of all the states’ laws within the country when you make a decision to travel the USA with a gun in your pocket.

Very often, the firearms laws of the American states can be significantly less limiting than the ones of the federal firearms. Just make sure to pay attention to the details of the USA gun regulations since in every state they can be incredibly specific. Besides, most of the states don’t require individuals to report of the lost guns.

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Sample Essay on Not-for-Profit Law in the USA

November 4th, 2015 Comments off

not for profit lawThe not-for-profit laws of the United States of America are related to the taxation issues, particular problems of corporations that don’t have any profit as their number one motivation. Some of the not-for-profit companies can be described as the so-called ‘charities’ (a good example is the US Red Cross). At the same time, some of the non-profit corporations serve firmly for the private benefit of its all members (for instance, country clubs), while the others are something between commerce chambers or unions of labor. Every segment includes its special legal issues.

The USA not-for-profit companies are, like the not-for-profit organizations, usually founded and managed in accordance with the state law, rather than the regulations of the federal government. At the same time, there are some charities that are operated by the federal government, such as the US Olympic Committee, US Red Cross and the US Boy Scouts.

In general, not-for-profit organizations and individuals that operate these companies must work in accordance with the whole range of the same laws that would apply to the businesses that gain profit. According to the US not-for-profit law, there are some exceptions related to the taxes and the ones regarding the concerns of the 1st Amendment. The officers and directors of the not-for-profit organizations owe a special fid duty to the not-for-profit as well as its beneficiaries that are alike to the duties that are owed by the for-profit companies’ directors. Not-for-profits may be provided with the vicarious liability for various injuries that have been caused by the members of the personnel to the third parties. That is why it’s recommended for every not-for-profit to get the liability insurance. The not-for-profits that have paid personnel should act in accordance with the laws regarding the minimum level of wages. When the question is about the religious not-for-profit organizations, it’s called a special case since the 1st Amendment does not allow the government to make a law that ‘respects the religion establishment’ as well as to ‘prohibit the free religion exercise’.

Likewise, some of the not-for-profit organizations are not subject to the United States anti-discrimination laws that may be applied to the same kind of companies serving the country for profit. A good example can be related to the US Boy Scouts that do not provide girls with an opportunity to join them.

Charity not-for-profit organizations face with the same range of challenges from corporate governance that the large trade companies do. Basically, all the troubles arise from the fact that the management that keeps the charity under control is essentially different from the individuals that the charity is originally founded to benefit. In a not-for-profit organization, this problem is even more aggravated than within the for-profit segment, since the not-for-profit company management isn’t even in theory subject to the elimination by the charity beneficiaries. The majority charities’ directors are typically self-perpetuating and make sure to pick the new members exclusively by the voting of the ones that already exist.

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Essay on International Trade Regulations in China

October 20th, 2015 Comments off

china trade lawsOn December 11, 2001, China got the status of the member of WTO. The country gradually liberalized the whole system of foreign trading, as well as proceeded with reducing the range of administrative barriers to the trade. In accordance with the amended Foreign Trade Law of the country, all sorts of enterprises have an opportunity to register for the right to conduct trading. Besides, individual Chinese have also a chance to trade far from the country’s borders in accordance with the Foreign Trade Law.

Licensing and Quota Control

Starting from 2005, all the requirements related to the licensing and quota have been excluded from almost all imports. Just a certain number of some products are being controlled by the import licensing experts. This year, only two types of commodities – electronic and key-used mechanical products and ozone depleting substances, are controlled by the import licensing experts.

The representatives of the MOFCOM, as well as the rest of adjacent State Council departments, hold responsibility for amending, generating and publishing of the electronic and mechanical products catalogue. The imports of these products are not being the subject to prohibition. For purposes of the analysis of import, the country implements import licensing system that works automatically for some of the electronic and mechanical products that will be freely imported.

Trade Labeling and Description Requirements

All goods that are now sold in the country must be labeled only in Chinese language and have detailed description of the specifications of the content, as well as the production date, the principles of application and the date of expiration. Besides, there should be provided explanatory warnings regarding the use of the products. The country has adopted a special labeling system that must help its experts to deal with the management of the GM agricultural bioproducts. Each of them must be labeled accurately in case they are to be sold within the market of China.

Customs and Quarantine System

The country has adopted and implemented the ‘quar?ntine inspect?on before customs declaration’ practice within the area of customs clearance. A special inspection seal was stamped to the Export G?ods Clearance Slips and G?od Clearance Slips. The latter are ?ssued to the products that are the subject to the entry-ex?t quarantine and inspection. The Customs are required to examine as well as release all the products against the Exp?rt Goods Clearance Slip or the Import Goods Clearance Slip that have been issued by the quarantine author?ties and entry-ex?t inspection experts.

The country also uses a special system of the so-called pre-shipment inspection for the wastes that have been imported as the raw materials. According to the rules, all wastes should properly measure up to the standards of the country’s environment protection. Besides, they must be inspected by the organization that is recognized and trusted by the Quality Supervision Administration right before the shipment.

In general, the country has a complex system of governing the local standards of food and products inspection. However, the management is required to ensure the best quality and safety of goods.

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.