Law

The University of York (UOY)

Hier vind je de beste samenvattingen om te slagen voor Law. Er zijn o.a. samenvattingen, aantekeningen en oefenvragen beschikbaar.

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Essay

R. (Collins) v Secretary of State for Justice [2016]
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9

januari 2022

2020/2021

A
The below case comment provides a critical evaluation of proportionality in R. (Collins) v Secretary of State for Justice, in which should be established if the judicial test is correctly applied and justified towards breaching a human right. Based on that, I should defend the affirmation made by the leading heads of the proportionality test which affirms that the test varies between being thoughtless towards significant moral factors and their limitations that connects with human rights, making...
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Essay

Professionalism & Ethics
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22

januari 2022

2020/2021

A
My chosen first example is the online article which raises questions about the implementation of the Legal Services Act and its effectiveness. The article brings criticism about the act’s validity as it didn’t fully achieve what the government set out to do. It included increasing competition within the legal profession and making access to justice more affordable.
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Essay

case comment Elitestone v Morris [1997] 1 WLR 687
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7

januari 2022

2019/2020

A
Elitestone v Morris is a leading case regarding chattels and fixtures. It is because the decision held by Supreme Court in Elitestone sets a precedent, which binds lower courts to follow that decision to other similar cases. Furthermore, it outlines the main issues, including the extent of a chattel as part of realty; and the degree and purpose issues of the chattel’s annexation to the land . Apart from that, triggered strong debates between the judges to which Lord Lloyd concluded that a rem...
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Essay

THE TASK: Do you agree that “situating ourselves in a trajectory that is still unfolding’’ can benefit the study of Law in the twenty-first century?
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19

januari 2022

2020/2021

A+
History is a concept that tells us about the past and guides us on how to build our present-day to the highest possible expectations. J Tosh highlighted that history is ‘situating’ us ‘in a trajectory that is still unfolding’, which means that history remains undiscovered; therefore, the ‘trajectory’ that we are placed in can be redirected if the new folds of history are found. As a matter of fact, the curiosities and mystery of the past can direct and benefit the study of law in to...
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Essay

Human rights- modern slavery
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21

januari 2022

2020/2021

A+
In this essay, I will explore the matter as a doctrinal research methodology with the comparative-legal approach. This would assist the research in building a systematic explanation of the role of the UN in the abolition of slavery and forced labour. It will also be discussed the effectiveness and productivity of the UN in protecting enslaved forced-laboured individuals concerning their needs and the breach of rights they face upon having ‘equal rights ….of nations large and small’ . Also,...
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Essay

case comment R (on the application of Lumba) v Secretary of State for Home Department [2011] UKSC
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6

januari 2022

2020/2021

A
False imprisonment is the unlawful restriction of a person’s freedom of movement . Lumba is a leading case as it outlines instances of false imprisonment where an appellant is detained by the state, it becomes the Secretary of State’s responsibility to display, on the balance of probabilities, that the detainment under the Immigration Act 1971 Sch.3 was lawful . Lord Dyson asserts this, ‘that he was directly and intentionally imprisoned by the defendant, whereupon the burden shifts to the...
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Essay

Lumba v. Secretary of State for the Home Department [2011] UKSC
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4

januari 2022

2020/2021

A
Lumba , a leading case in false imprisonment heard by the the Supreme Court, established that a detainee would only be awarded damages if an error made by the Secretary of State was the sole reason for the detention. In other words, if the detainee would have been lawfully detained irrespective of the error then he would not be entitled to any more than nominal damages for the tort of false imprisonment. This set the precedent for all similar cases decided immediately after Lumba and continues t...
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