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

Over the last twenty years “we have had considerable impact on the advancement of victims’ rights, expansion of services for victims and upon government policy”. I agree with that statement.
Until about thirty years ago, the rights and interests of victims of crime were given little recognition. Since then, the change has been steady and significant.

The Parliament of South Australia has legislated to confer rights on victims. The Criminal Injuries Compensation Act, and provisions in the Criminal Law (Sentencing) Act relating to victim impact statements, are two notable examples.

As well, the various arms of the Executive Government involved in the administration and application of the criminal law have made a real effort to recognise the interests and rights of the victims of the crimes with which they deal. I refer here to the police, to prosecutors, and to correctional services in particular. The courts also have become more attentive to the interests of victims, and quite apart from the changes in the law to which I have referred, have become much more attentive to the fact that for nearly every crime there is a victim, and that that victim has a legitimate interest in the process by which the court deals with that crime. Read more…

Many people argue that selling their own bodies in terms of sex, or in other words prostitution or sex work, is considered immoral. They also say that practicing it can be very risky for the health of the prostitute. This is true, but only in the case when prostitution is illegal. Thus, prostitution is a very controversial issue, because some people believe that it should be legalized, while others oppose it bitterly. Although many people think that that prostitution should not be legalized, I believe that it should be legalized for a number of reasons.

As we all know, different people have different views of morality. Some people believe that prostitution is immoral, and therefore it should not be legalized. These people say that prostitution is demoralizing and humiliating to a woman’s self-esteem. Such people also believe that prostitution is an “unethical and illogical practice in itself.” Women are human beings and “should not be treated as material objects of trade” (Nikiforakis, interview). However, as Pippa Holloway in her book review Regulation and the Nation: Comparative Perspectives on Prostitution and Public Policy found in Journal of Women History 202 Spring points out, “Enclosing brothels in particular parts of the city and monitoring them would help protect morality and the social order.” Read more…

Religion and the intent if the framers, wow this debate has taken shape and has caused many hours of deliberation by Constitutional scholars over the years. I am no Constitutional scholar yet I feel that I have a fairly tight grasp on what they indeed hoped and prayed for while they were drafting the Constitution. Now if you paid close attention to the last sentence you should already have an excellent idea as to where I am going with this analysis…

OK now that you have reread the previous sentence you caught that I said that the framers prayed during the construction and deliberation of this great document. So what was prayer to them – and more important what is Religion, and for that matter what is freedom to do both?

The following words are defined in the Webster’s New World Dictionary as follows:
• Religion – belief in and worship of God or Gods
• Freedom – a being free, independence, civil or political liberty, a right or privilege Read more…

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…

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…

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…