Law Papers: Law Essay Help, Law Term Paper Writing, Research Papers on Law

There are two main law systems in the world: Common Law System and Civil Law System. Common Law System is established and developed from England, and most of the British colonized countries, such as Australia, New Zealand and a majority of states in USA inherited it. Civil Law System, on the contrary, came from France and Dutch. The main difference between these two Legal Systems is their trial methods, the adversary system is used in Common Law System and Civil Law System takes the inquisitorial system.

In simple words, the adversary system is a dispute; on the other hand, the inquisitorial system is an inquiry. For example, the judges’ role is quite dissimilar in the two trial methods, under the adversary system, the judges act as a truth checker, his duty is to ascertain the evidence which provided by the parties, and according to the related law, make a decision beyond the ready evidence. However, magistrates in the inquisitorial system have to get the evidence by themselves or from the appointed departments, to some extent, they have more power than the judges in the adversary system, they are able to control the whole trial method. As two trial methods exist in the same world, it can not be avoid being compared with each other, in my point of view, the adversary system is more efficient. Read more…

The intention of this essay is to examine the following statement: “The regulation of electronic commerce is not an issue for National or even European legislators. The issues are global and they must be regulated at that level. This can only be achieved by self regulation.”

In order to discuss the regulatory issues of e-commerce clearly, I would like to explain the nature of electronic commerce first. In my opinion, “electronic commerce” is used to refer to commercial transactions using the internet and other web enabled technologies, including WAP, other mobile telephony systems, and interactive digital television. E-commerce is a vibrant and rapidly expanding area of business, initially created in the US but increasingly extends to the whole world.

These new forms of business transactions provide enterprises, particularly SMEs (small and medium enterprise), the opportunity to do business with anyone, anywhere and at any time. Electronic transactions may be completed automatically and with no human intervention. On the other hand, it could also threat the trust between business and consumer if without human intervention. Read more…

The year 1896 was the time that the Untied States of America came down as a whole. Many people were hurt and confused by the Jim Crow laws. These laws were established in order or keep the blacks and whites separated in public places. Jim Crow laws made a huge impact on society in the 1930’s.

On May 18, 1896, the U.S. Supreme Court considered the idea of “separate but equal,” which was the base of the Jim Crow laws. This was the case of the Plessy versus Ferguson.

The United States Constitution did not allow many types of discrimination such as black people being mistreated. Therefore, the states worked around the rules to include Jim Crow laws without disobeying the United States Constitution. This made African Americans considered as the “lower class” citizens. Many people were judging the blacks because of their skin; they were not respected as human beings. They were also not entitled to vote in some states, take literary tests, or poll taxes. All over the South, “white” and “colored” signs went up. Trains, buses barber shops, schools, and other public places were segregated by law.

All black people were separated from the whites when using public transportation. To sit on a public bus was an immense ordeal because the black people had to sit in the back seats while the whites in the front. Martin Luther King and Rosa Parks are few of the many people who wanted to stop the racist segregation. Read more…

Helmet laws have become a subject for controversy over the years. Although, they are designed to protect them, many bikers believe that helmet laws violate their freedom. I think that the pros of wearing a helmet outweigh the cons. I’ve found that wearing a helmet helps to eliminate noise from wind and keep the wind from my face. Also, wearing a helmet allows me to see further, and take basic maneuvers in order to avoid a collision with another vehicle. But, most of the bikers that I know choose to ride without a helmet. Should they be denied their right to ride without a helmet, and risk their safety? Should they have to wear a helmet at all times? Or should the ability to ride without a helmet be reserved for older, more experienced riders?

Each state has a separate statute regarding the use of a helmet. Furthermore, most states have laws that discriminate younger riders from riding without a helmet. Of the fifty states, only Colorado, Illinois, Iowa, and New Hampshire are one hundred percent helmet law free. Out of the other forty-six states, twenty-one have full helmet laws for all riders. Florida is included in those twenty-one states. Twenty states have helmet laws that exempt adult riders, riders that are eighteen years of age or older. Lastly, there are five states that discriminate against bikers between the age of eighteen and twenty-one (motorcycle laws). Most states also have laws regarding eye protection, daytime use of a headlight, mirrors, blinkers, and passenger restrictions. Read more…

Defamation law is our legal system’s attempt to reconcile the mutually incompatible interests of freedom of speech and protection of reputation. In the modern” information age”, a third interest must also be recognised – that of the public receiving accurate information from the mass media. This seems like a relatively straightforward concept. In reality, the application and interaction of Australian defamation law only unleashes a barrage of complex questions. This can be emphasised through an analysis of the John Marsden defamation case.

In theory the law of defamation does have an honourable purpose. There has been much discussion about the intention of defamation law and its underlying aims and objectives. The matter has been put to rest by the High Court describing three purposes of granting damages in a claim of defamation: “ The three purposes are consolation for the personal distress and hurt caused to the appellant by the publication, reparation for the harm done to the appellant’s personal (if relevant) business reputation, and vindication of the appellant’s reputation.” However, in practice Australia’s defamation laws do not function well. In fact, it has been claimed that “ its main effect is to hinder free speech and protect powerful people from scrutiny (Martin, 1998, p 107). Read more…

First and foremost in order to speak of the law of insurance we must first look at its history and its origins .The many principles of the law of insurance derive their origins from the standard insurance contract documents mainly being the proposal form and the policy which have been drafted in a fairly uniform way throughout its existence.Furthermore the reasons for most of the principles of insurance can be found by looking at the history of insurance.

The main origins of modern insurance contracts started during the fourteenth century due to practices adopted by Italian merchants. The practice of medieval insurance started through maritime risks (the risk of losing ships and cargo), in the sixteenth century this practice spread to London merchants. During this time, there were no separate insurers, groups of merchants agreed between them to bear their risks jointly amongst themselves. In 1601 merchants established by statute a chamber of assurance which was at the time outside the legal system, therefore the common law played no parts in the regulation of conflicts concerning insurance. Read more…

America is known as the country of freedom, but if we had no established laws, Americans would not be as prosperous as we are today. The process of making laws, known as the legislative process, is governed by rules, laws and procedures. Although the legislative process is long and complex, all laws begin as simple ideas. When a member of Congress has an idea for a new law they present it as a bill, which is the most common type of legislation. The path of a bill, from the time it is just an idea to the time it arrives at the President’s desk for approval, is paved with many detours. A bill must be passed through both houses of congress, the House of Representatives or the Senate, in identical form, before it can be made a law. This is achieved through a step-by-step process that begins in either house.

When a bill originates in the House of Representatives the idea is presented to a representative. The Representative decides whether or not they want to sponsor the bill and introduce it to the rest of the house. If the Representative decides not to sponsor the bill, he sets it aside and does nothing, which is known as tabling the bill. Eventually the bill is forgotten about and dies. If they choose to sponsor it, they present the bill to the Chief Clerk of the House. The chief assigns the bill a number to keep track of it through this process. Then the bill is sent to the U.S. Government Printing Office to make copies and is returned to the house. The copies are dispersed to the rest of the Representatives and the bill goes through its first reading. The speaker then assigns a committee to further review the bill. The committee will put the bill through public hearings and work sessions where revisions and additions can be made. If there are additions made to the bill, it is reprinted and includes the new amendments. After it is reviewed the Committee Chair signs it. The revised bill goes through a second reading, and finally a third reading before the house can vote on it. The bill must receive the majority of the houses votes to be passed on to the other house. Read more…

Health Law deals with regulatory law applicable to healthcare providers, third party payors, and those that provide or pay for health care. Health Law Attorneys assist clients who need legal representation on matters concerning health care. Examples include the representation of physicians, hospitals, physicians groups, nursing homes and health care providers on matters relating to medical malpractice, risk management, peer review boards, Medicare fraud and abuse, health care employment issues and provider regulation. The experienced health lawyer has in-depth knowledge of the healthcare industry and the laws and regulations that affect it.

During the course of this semester, we outlined and discussed the major problems and aspects surfacing healthcare through law. This brief review will explain and summarize the in-depth chapters of the book in which we presented in this course. These chapters discussed are chapter 1, Introduction to the American Legal System, chapter 2, Legal Structure of Health Care Organization, chapter 3, Licensing, Regulation, and Accreditation, chapter 6, Criminal Law and Civil Penalties, chapter 8, Medical Staff, chapter 10, Tort Liability and Malpractice, chapter 11, Relationship with the Patient, chapter 12, Treatment Authorization and refusal, chapter 13, Health Care Information, and finally chapter 15, Death and Dead Bodies. Read more…

John Lewthwaite is a man who had been charged and convicted for the murder of five-year-old Nicole Hann in 1974. Lewthwaite, who was nineteen at the time, had fantasised about abducting and raping Nicole’s then nine-year-old brother. Young Nicole awoke one afternoon as Lewthwaite broke into her home. He stabbed her seventeen times. Lewthwaite was released back into the community after serving twenty-five years of his prison sentence. The community he took residence in was fearful and outraged; their main concern was for the safety of their children.

Good morning/afternoon Miss Wiggins and girls. Ours is an increasingly dangerous society with increases in both the malevolency and the rate of crime. Part of the problem lies in abuse of our advancing technology and media inducing increase in tolerance of popular-cultural interests such as violent movies, music, video games influencing today’s youths to commit crimes we have never imagined. This generation is in need of limits and boundaries, legal guidelines that enable individuals to achieve social cohesion. We are a generation that lives in constant fear. The rate of child sex crimes is on the rise. Parents of young children now live in fear that their child may also fall a victim to sexual crime. In 1993 to 1994, there were 4392 children who were believed to have been involved in substantiated cases of child sex abuse whereby substantiated means there is reasonable cause to believe that the child has been or is being abused. One Australian study in 1988 estimated that twenty-eight percent of girls and nine percent of boys had been involved in some form of sexual abuse in Australia. Child abuse includes crimes such as child sexual assault, child sexual victimisation, child exploitation, child sexual misuse, child molestation, child sexual maltreatment and child rape. All of which are criminal offences listed under the Criminal Code of Queensland. These crimes pose serious threat to our society. Not only are children amongst the most vulnerable of groups in the community, they are also the next generation of adults. Statistics show that in most cases, convicted paedophiles were found likely to have been victims of sex crimes as children. Therefore more must be done now to break this vicious cycle of immorality.

This afternoon, in light of time constraints I will be focusing on one particular area of law related to child sex crimes that is in need of reform; the treatment of “rehabilitated” or “paroled” child sex criminals in relation to Megan’s law in the US and whether or not such legislation is appropriate for the Australian society. Read more…

A de-facto relationship is a relationship in which two people are co-habiting without being legally married and must be heterosexual to be recognised by the courts. This type of relationship increased greatly from 1971 to 1082 as people were not economically and physically willing to enter into a marriage. In 1984, a statutory basis was given to de-facto relationships with the passing of the De Facto Relationships Act 1984 NSW. This act provided a legal definition of De Facto relationships, eligibility criteria and protection of individuals on the breakdown of such a relationship. The issues dealt with by the Act include property rights, maintenance, care of children and inheritance. Property rights include: Under common law, a person in a de facto relationship has no right to property unless it was in that person’s name. Maintenance: there was no legal obligation to pay spousal maintenance. Even if one of the partners did not have a job and was looking after a child full time. Up until 1984 this was the case. Under The property (relations) act 1984 either partner of a de facto relationship can initiate legal proceedings requestion periodic maintenance against the other partner on a restricted basis. The court will force payment to the claiming party if they cannot support themselves adequately because of full time child rearing and lack of independence due to the relationship. Care of children: issues regarding children are handled in the same way as the children from marriages. Since the Family Reform Act 1995, decisions concerning children from de facto relationships are administered through the family law court regardless of whether the children are from a previous marriage. Inheritance: spouse and children may not be entitled to property upon the partner’s death. Unlike marriage there is no formal start or end to a de facto relationship.

Davies Vs Sparkes 1990 confirmed the common law definition of a de facto relationship.
A de facto relationship must be at least two years in duration for the law to operate and govern the associated parties of a de facto relationship effectively.

Domestic violence within a de facto relationship is treated the same as it would be treated in any other form of relationship, in the sense that it still has the same physical, sexual, emotional, or psychological repercussions. The existence of the Family Law Act 1975 does not and cannot extend to de facto spouses (constitutional defect). Accordingly, the family law court has no power to issue injunctions to restrain domestic violence within a de facto relationship. Conversely, the legal remedies against domestic violence in New South Wales have been extended and improved by the Crimes (domestic violence) Amendment Act 1982. This act applies to both married persons and people in de facto relationships. Despite this act, people in de facto relationships still do not have the same protection against domestic violence as people in marriages. Legal action to prevent domestic violence can be taken by applying for an AVO/ADVO (Apprehended domestic/ violence order), pressing criminal assault charges or by applying for an injunction.
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