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Negligence vs Recklessness
Negligence and recklessness are both legal concepts that pertain to different levels of culpability in tort law and criminal law. NegligenceNegligence is the failure to exercise the degree of care that a reasonable person would exercise under similar...
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Motive vs Intent
Motive and intent are distinct concepts in criminal law, and they refer to different aspects of a person's mental state and actions.IntentIntent or intention refers to the actor's purpose or aim in committing a specific act. It involves the consciou...
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Malice vs Intent
Malice and intent are legal terms often used to describe different mental states or culpable mental elements in criminal law. While they share some similarities, they have distinct meanings:IntentIntent or Intention refers to the actor's purpose or a...
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What Is Trite Law?
Trite law refers to legal principles that are well-established, widely recognised, and considered to be settled and elementary within a particular legal jurisdiction. These are principles that have been consistently applied and accepted over time, an...
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Differences Between Common Law And Civil Law Systems
The legal systems of the world can broadly be categorised into two main types: Common Law and Civil Law. These systems serve as the foundation for the legal frameworks of numerous countries, each with its own unique characteristics and principles. Un...
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How to Achieve Judiciary Diversity
The question of whether the judiciary is diverse enough is a complex and often debated issue in many jurisdictions. Diversity in the judiciary refers to a range of factors, including but not limited to gender, race, ethnicity, socioeconomic backgroun...
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Role of Juries in Criminal Trials
Juries play a pivotal role in the criminal justice system, acting as a fundamental component that ensures fairness, impartiality, and democratic values in the adjudication of criminal cases. In this article, we will explore the significance of juries...
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Marxism and the Concept of Class
Marxism, as a socio-political and economic theory, has significantly shaped our understanding of societal structures and the distribution of power. At the core of Marxist philosophy is the concept of class, which explores the intricate relationships ...
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What Is Unconscionability?
Unconscionability, a legal concept deeply embedded in contract law, serves as a powerful safeguard against unfair and oppressive contractual practices. Rooted in principles of equity and fairness, the doctrine of unconscionability empowers courts to ...
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Disney Loses Copyright of Early Version of Mickey Mouse
In a significant development from 1st January 2024, an early version of the iconic Mickey Mouse, featured in the 1928 short film Steamboat Willie, has lost its copyright protection. This change allows members of the public to freely use the image of ...
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Piercing Corporate Veil
In company law, the concept of piercing the corporate veil stands as a legal doctrine that allows courts to bypass the limited liability protection typically afforded to shareholders of a corporation. This doctrine arises in situations where the corp...
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Omissions in Criminal Law
Criminal law is traditionally concerned with actions, but an equally crucial aspect involves omissions or the failure to act. Omissions in criminal law pose complex challenges for legal systems worldwide, as they require a nuanced understanding of wh...
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Rule of Recognition in HLA Hart's Legal Philosophy
H.L.A. Hart, a prominent legal philosopher of the 20th century, revolutionised the study of jurisprudence with his seminal work, The Concept of Law, published in 1961. Within this influential piece, Hart introduced the Rule of Recognition as a centra...
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Duty of Care Established in Donoghue v Stevenson
Donoghue v Stevenson is a landmark case in the field of tort law, particularly in the development of the duty of care principle. This case, heard in the House of Lords in 1932, laid the foundation for the modern concept of duty of care, which is a fu...
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Youth Court
Youth court, also known as teen court or peer court, is a unique judicial system designed to address offences committed by juveniles. Unlike traditional courts, youth court involves a restorative justice approach, emphasising rehabilitation, educatio...
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