14. Skills for Success in Coursework Assessments

2019 ◽  
pp. 207-212
Author(s):  
Dr Karen Dyer
Keyword(s):  
Case Law ◽  
Essential Information ◽  
Academic Literature ◽  
Convincing Argument ◽  
Starting Point ◽  
Essay Question ◽  
Good Grade ◽  
Additional Support ◽  
Do So

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses how students can structure their answers to coursework questions, and exposes common errors that students make when undertaking coursework. The starting point for obtaining a good grade in an exam is to answer the question set. It is even more important to do so for coursework questions, as students are usually given plenty of time to plan and prepare their answers, and to ask for additional support if needed. Whether answering a problem question or an essay question, students are required to produce a convincing argument using ‘evidence’ from case law, statutory provisions, and academic literature.

Non-Signatories in International Commercial Arbitration: Contesting the Myth of Consent

2018 ◽  
Vol 18 (2) ◽  
pp. 59-84
Author(s):  
Slavomír Halla
Keyword(s):  
Case Law ◽  
Good Faith ◽  
Mutual Understanding ◽  
Commercial Arbitration ◽  
International Commercial Arbitration ◽  
Starting Point ◽  
Professional Audience

Abstract Consent, the final frontier. International commercial arbitration is a dis­pute resolution mechanism embedded in consent of the parties involved. Presentation of such a mutual understanding is done through an arbitration agreement. However, the aim of this paper is to analyse whether its contractual, indeed consensual, nature is the only element which the courts use to identify the subjects who may compel or must be compelled to arbitrate disputes, or whether they employ other considerations as well. The paper will focus on extension doctrines which might be less known even to a professional audience: piercing of the corporate veil, estoppel & group of companies. A review of selected case law leads to a conclusion that consent-finding analysis is defi­nitely a starting point of any analysis. However, at the same time courts and arbitrators do indeed use tools of contract interpretation and the ones based on equity or good faith considerations to establish, and exceptionally force, the implication of consent far beyond what is obvious.

The Constitutional Principle of Accountability: A Study of Contemporary South African Case Law

2018 ◽  
Vol 33 (1) ◽  
Author(s):  
Chuks Okpaluba
Keyword(s):  
Judicial Review ◽  
Police Officers ◽  
Public Procurement ◽  
Case Law ◽  
The State ◽  
Constitutional Principle ◽  
Starting Point ◽  
The Law ◽  
Constitutional Right ◽  
The Many

‘Accountability’ is one of the democratic values entrenched in the Constitution of South Africa, 1996. It is a value recognised throughout the Constitution and imposed upon the law-making organs of state, the Executive, the Judiciary and all public functionaries. This constitutional imperative is given pride of place among the other founding values: equality before the law, the rule of law and the supremacy of the Constitution. This study therefore sets out to investigate how the courts have grappled with the interpretation and application of the principle of accountability, the starting point being the relationship between accountability and judicial review. Therefore, in the exercise of its judicial review power, a court may enquire whether the failure of a public functionary to comply with a constitutional duty of accountability renders the decision made illegal, irrational or unreasonable. One of the many facets of the principle of accountability upon which this article dwells is to ascertain how the courts have deployed that expression in making the state and its agencies liable for the delictual wrongs committed against an individual in vindication of a breach of the individual’s constitutional right in the course of performing a public duty. Here, accountability and breach of public duty; the liability of the state for detaining illegal immigrants contrary to the prescripts of the law; the vicarious liability of the state for the criminal acts of the police and other law-enforcement officers (as in police rape cases and misuse of official firearms by police officers), and the liability of the state for delictual conduct in the context of public procurement are discussed. Having carefully analysed the available case law, this article concludes that no public functionary can brush aside the duty of accountability wherever it is imposed without being in breach of a vital constitutional mandate. Further, it is the constitutional duty of the courts, when called upon, to declare such act or conduct an infringement of the Constitution.

Quel corpus pour l’étude du dialecte niçois ?

2021 ◽  
Vol 137 (2) ◽  
pp. 344-361
Author(s):  
Philippe Del Giudice
Keyword(s):  
Middle Ages ◽  
Written Language ◽  
Linguistic Features ◽  
Descriptive Grammar ◽  
Written Production ◽  
Starting Point ◽  
Social Use ◽  
Over Time ◽  
Made In ◽  
Do So

Abstract A new project has just been launched to write a synchronic, descriptive grammar of Niçois, the Occitan dialect of Nice. In this article, I define the corpus of the research. To do so, I first review written production from the Middle Ages to the present. I then analyze the linguistic features of Niçois over time, in order to determine the precise starting point of the current language state. But because of reinforced normativism and the decreasing social use of Niçois among the educated population, written language after WWII became artificial and does not really correspond to recordings made in the field. The corpus will thus be composed of writings from the 1820’s to WWII and recordings from the last few decades.

Religious Pluralism and State- Centric Legal Spaces in Europe

2021 ◽  
Vol 18 (1) ◽  
pp. 33-54
Author(s):  
Kyriaki Topidi
Keyword(s):  
Human Rights ◽  
Present Article ◽  
Religious Pluralism ◽  
Legal Pluralism ◽  
Case Law ◽  
Legal Systems ◽  
European Court ◽  
Starting Point

Multiculturalism is continuously and relentlessly put to the test in the so- called West. The question as to whether religious or custom- based legal orders can or should be tolerated by liberal and democratic states is, however, by no means a new challenge. The present article uses as its starting point the case of religious legal pluralism in Greece, as exposed in recent European Court of Human Rights (ECtHR) case- law, in an attempt to explore the gaps and implications in the officially limited use of sharia in Western legal systems. More specifically, the discussion is linked to the findings of the ECtHR on the occasion of the recent Molla Sali v. Greece case to highlight and question how sharia has been evolving in the European legal landscape.

Self-Controlled Practice Within a Fixed Time Period Facilitates the Learning of a Basketball Set Shot

2014 ◽  
Vol 2 (1) ◽  
pp. 9-15 ◽  
Author(s):  
Phillip G. Post ◽  
Jeffrey T. Fairbrother ◽  
Joao A. C. Barros ◽  
J. D. Kulpa
Keyword(s):  
Motor Learning ◽  
Instructional Support ◽  
Fixed Time ◽  
Relevant Information ◽  
Self Control ◽  
Time Period ◽  
Trial Basis ◽  
Practice Trials ◽  
Additional Support ◽  
Do So

Allowing self-control over various modes of instructional support has been shown to facilitate motor learning. Most research has examined factors that directly altered task-relevant information on a trial-to-trial basis (e.g., feedback). Recent research suggests that self-control (SC) effects extend to the manipulation of other types of factors (e.g., total number of practice trials completed). This research also illustrated that learners sometimes select a very small amount of practice when given latitude to do so. The purpose of the current study was to examine the effects of SC practice within a fixed time period on the learning of a basketball set shot. SC participants chose when to attempt each shot within two 15-min practice sessions, thereby controlling both the total number of shots taken and the spacing of shots. Yoked participants completed the same number of shots as their SC counterparts. Spacing of shots was also matched across groups. The SC group was more accurate and had higher form scores and longer preshot times during retention. These findings provided additional support for the generalizability of SC effects and extended prior research, showing that autonomy over total practice duration was not a prerequisite for the observed effects.

scholarly journals A capability framework for financial market regulation

2017 ◽  
Author(s):  
Rutger Claassen
Keyword(s):  
Financial Markets ◽  
Market Failure ◽  
Capability Approach ◽  
Martha Nussbaum ◽  
Market Regulation ◽  
Financial Market Regulation ◽  
Academic Literature ◽  
Regulation Of Financial Markets ◽  
Do So ◽  
The Capability Approach

This chapter is about normative justifications for regulating markets. In leading handbooks as well as in the academic literature, a split is often made between economic justifications (based on the theory of market failure) and social justifications (mainly around considerations of paternalism and distributive justice). The chapter questions this dichotomy and calls for the development of an ethically coherent framework for market regulation. To do so, the chapter proposes to build on the capability approach, first developed by economist Amartya Sen and philosopher Martha Nussbaum. A capability approach to regulation would hold that markets should be regulated to the extent necessary for realizing a set of basic capabilities. The chapter discusses existing applications to property law and contract law and extends them into the outlines of a general theory of regulation. The final part illustrates the promises of such an approach with respect to the regulation of financial markets.

3. The Human Rights Act 1998 (HRA)

2017 ◽  
Author(s):  
Bernadette Rainey
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Public Authority ◽  
European Convention ◽  
Essential Information ◽  
The Future ◽  
Human Rights Act ◽  
Human Rights Act 1998

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter focuses on the Human Rights Act 1998 (HRA), which was introduced to allow individuals to argue cases involving rights contained in the European Convention on Human Rights (ECHR) directly before a UK court. It first explains the background and rationale underlying the HRA, focusing on the arguments for and against a Human Rights Act, as well as the human rights that are covered and not covered by the HRA. The chapter then discusses the judicial powers/duties and remedies under the HRA, along with powers of derogation and reservation, with an emphasis on ECtHR case law, the interpretation clause, and declarations of incompatibility with the Convention rights. In addition, it examines the HRA’s use of proportionality and judicial deference doctrines when deciding whether an act by a public authority is incompatible with a Convention right. The chapter concludes by assessing the future of the HRA.

4. Strict liability

2020 ◽  
pp. 41-48
Author(s):  
Jonathan Herring
Keyword(s):  
Criminal Liability ◽  
Common Law ◽  
Strict Liability ◽  
Mens Rea ◽  
Essential Information ◽  
Starting Point ◽  
Actus Reus ◽  
Fault Liability

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the crime of strict liability. A strict liability offence is one which does not require mens rea in respect of at least one element of the actus reus. Strict liability is often referred to as no-fault liability. Strict liability is very rare at common law. Where a statute is silent as to mens rea, the judge must interpret the provision to decide if the offence has mens rea (the starting point) or is one of strict liability. There is a debate about whether the imposition of criminal liability in the absence of proof of fault can be justified.

12. Grounds for judicial review: irrationality, proportionality, merits-based judicial review, and the Human Rights Act 1998

2017 ◽  
Author(s):  
Colin Faragher
Keyword(s):  
Human Rights ◽  
Judicial Review ◽  
Case Law ◽  
Essential Information ◽  
House Of Lords ◽  
Relevant Case ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
Principle Of Proportionality ◽  
The Impact

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the grounds for judicial review. These include irrationality—meaning unreasonableness—which is now linked to the principle of proportionality. In addition, the relevant case law and key principles concerning distinction between procedural and merits based judicial review are fully explained. The impact of the Human Rights Act 1998 on judicial review is assessed generally. The emergence and development of the ‘outcomes is all’ approach to judicial review where breach of convention rights is alleged is explored by examining a number of significant House of Lords cases.

scholarly journals Ekklesia and Ecumenism in the Body of Christ: Unity from the Ground-Up

Religions ◽  
2018 ◽  
Vol 9 (12) ◽  
pp. 390
Author(s):  
Anastasia Wendlinder
Keyword(s):  
Faith Community ◽  
The Body ◽  
Theological Reflection ◽  
Body Of Christ ◽  
Self Identity ◽  
Starting Point ◽  
Potential Benefits ◽  
The Common ◽  
Political Spectrum ◽  
Do So

This article explores the implications for Christian unity from the perspective of the lived faith community, the ekklesia. While bilateral and multilateral dialogues have borne great fruit in bringing Christian denominations closer together, as indeed it will continue to do so, considering how the ecclesiological identity of the faith community both forms and reflects its members may be helpful in moving forward in our ecumenical efforts. This calls for a ground-up approach as opposed to a top-down approach. By “ground-up” it is meant that the starting point for theological reflection on ecumenism begins not with doctrine but with praxis, particularly as it relates to the common believer in the pew. The ecclesiological model “Body of Christ” provides a helpful vocabulary in this exploration for a number of reasons, none the least that it is scripturally-based, presumes diversity and employs concrete imagery relating to everyday life. Further, “Body of Christ” language is used by numerous Christian denominations in their statements of self-identity, regardless of where they lie on the doctrinal or political spectrum. In this article, potential benefits and challenges of this ground-up perspective will be considered, and a way forward will be proposed to promote ecumenical unity across denomination borders.

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