Advocacy, first published in 2007, explains how to win cases in court. Focusing on the techniques and methods of successful advocates, David Ross QC shows how to prepare a case for court. Writing in simple, clear language he gives the benefit of his many years of local and international experience. This second edition features new advice about how to prepare for, and run, an appeal, as well as how to write effective submissions to court. It also describes: • how to hold a court's attention • how to start and stop a witness • how to cross-examine all types of people, from liars to experts • the methods of taking objections to questions • how to address a jury • how to follow etiquette and behave ethically • how to win impossible cases All the principles of advocacy are explained, from the striking start to knowledge of human affairs, and Advocacy is rich with examples taken from real cases.
This seminal work, recognised as the authoritative and definitive commentary on Ireland's fundamental law, provides a detailed guide to the structure of the Irish Constitution. Each Article is set out in full, in English and Irish, and examined in detail, with reference to all the leading Irish and international case law. It is essential reading for all who require knowledge of the Irish legal system and will prove a vital resource to legal professionals, students and scholars of constitutional and comparative law. This new edition is fully revised and reflects the substantive changes that have occurred in the 15 years since its last edition and includes expansion and major revision to cover the many constitutional amendments, significant constitutional cases, and developing trends in constitutional adjudication. The recent constitutional changes covered in this new edition include: * The 27th Amendment abolished the constitutional jus soli right to Irish Nationality. * The 28th Amendment allowed the State to ratify the Lisbon Treaty. * The 29th Amendment relaxed the prohibition on the reduction of the salaries of Irish judges. * The 30th Amendment allowed the State to ratify the European Fiscal Compact. * The 31st Amendment was a general statement of children's rights and a provision intended to secure the power of the State to take children into care. * The 33rd Amendment mandated a new Court of Appeal * The 34th Amendment prohibited restriction on civil marriage based on sex. * The 36th Amendment allowed the Oireachtas to legislate for abortion. New sections include a look at the impact of the Constitution on substantive criminal law, and a detailed treatment of the impact of Article 40.5, protecting the inviolability of the dwelling, on both criminal procedure and civil law. Other sections have been expanded with in-depth analysis of referendums, challenges to campaigns and results, coverage of Oireachtas privilege, changes in constitutional interpretation, private property rights, and judicial independence. In particular extensive rewriting has taken place on the section dealing with the provisions relating to the courts contained in Article 34 following the establishment of the Court of Appeal and the far-reaching changes to the appellate structure from the 33rd Amendment of the Constitution Act 2013.
An account of many aspects of medical practice and the law. Dealing with such controversial areas as genetic engineering, fetal rights, transplantation, euthanasia, artificial reproduction, and medical examination, Meyers gives a breakdown of current debates and legal decisions in England, Scotland and the US. First published in 1970. Annotation copyrighted by Book News, Inc., Portland, OR
This book tells what the language of the law is, how it got that way and how it works out in the practice. The emphasis is more historical than philosophical, more practical than pedantic.
This second edition of Sale of Businesses in Australia concentrates on the sale of small businesses trading as individuals or in partnership under the standard Sales of Business contracts promulgated by the various Law Societies and Real Estate Institutes. Several chapters also apply to the sale of businesses generally.Topics covered include:matters relating to the typical transaction: stock in trade, goodwill, plant and fixtures; additional matters such as intellectual property, business names, and the transfer of business leases; special contract provisions, including restraint of trade and employee provisions, and other special conditions commonly found in contracts; taxation implications of the sale; time stipulations; obligations on completion; disclosure obligations; remedies for commonly encountered types of breach by either party.The book serves as an ideal reference point for the busy legal practitioner involved in advising upon these transactions and has extensive references to the standard contracts in New South Wales, Victoria and Queensland.
Children’s Thinking: Cognitive Development and Individual Differences, Seventh Edition by David Bjorklund remains the most comprehensive and current topical textbook available in cognitive development. The text presents up-to-date, thorough research studies and data throughout. Bjorklund expertly introduce readers to the concept of developmental function, which explains that healthy children can individually vary in their cognition as they develop. This concept is discussed throughout the text within the context of the typical progression of cognitive development through infancy and childhood. In addition, the text includes framework showing that, although some traits are established at birth, children’s cognitive development is also shaped by the physical and social environments that surround them throughout their formative years. The seventh edition has been updated to include current and extensive research, sociocultural coverage, evolutionary coverage of memory development, children’s development of prosocial cognition, moral development, and the concept of overimitation.
Who’s afraid of for-profit education? Those who work in non-profit or government owned and operated schools. Many parents and other stakeholders have been made fearful by this education establishment. What’s more important to humans: nutrition or education? Nutrition is more important because it is the prerequisite for other human activities, including education. What organizations provide food and who pays for the food? Food is provided by for-profit farmers, for-profit processors, for-profit wholesalers, and for-profit retailers. Most food is purchased with the consumers’ own money, but a significant amount is purchased by low-income individuals using food stamps. Why can’t education be provided similarly using education stamps? We trust for-profit enterprises to provide our food. Why can’t we trust for-profit enterprises to provide K-12 education? Fearmongers have frightened us and made us into gullible compliant socialists who despise commercial activities in education. Go to the supermarket and ponder its marvelous array of foods and then contemplate how a for-profit K-12 education sector would please and amaze its customers.
While it is easy to assume that the system of criminal justice in nineteenth-century England was not unlike the modern one, in many ways it was very different, particularly before the series of Victorian reforms that gradually codified a system dependent on judge-made precedent. In the first half of the century capital cases often tried almost summarily, with the accused not being adequately represented and without a system of appeal. There were also fundamental differences in procedure and in the rules of evidence, as indeed there were in attitudes towards crime and criminals. David Bentley has provided an account of the nineteenth-century criminal justice system as a whole, from the crimes committed and the classification of offences to the different courts and their procedure. He describes the stages of criminal prosecution -- committal, indictment, trial, verdict and punishment -- and the judges, lawyers and juries, highlighting significant changes in the rules of evidence during the century. He looks at the reform of the old system and assesses how far it was brought about by lawyers themselves and how far by external forces. Finally, he considers the fairness of the system, both as seen by contemporaries and in modern terms.
For many Europeans, the persistence of America's death penalty is a stark reminder of American otherness. The practice of state killing is an archaic relic, a hollow symbol that accomplishes nothing but reflects a puritanical, punitive culture - bloodthirsty in its pursuit of retribution. In debating capital punishment, the usual rhetoric points to America's deviance from the western norm: civilized abolition and barbaric retention; 'us' and 'them'. This remarkable new study by a leading social thinker sweeps aside the familiar story and offers a compelling interpretation of the culture of American punishment. It shows that the same forces that led to the death penalty's abolition in Europe once made America a pioneer of reform. That democracy and civilization are not the enemies of capital punishment, though liberalism and humanitarianism are. Making sense of today's differences requires a better understanding of American society and its punishments than the standard rhetoric allows. Taking us deep inside the world of capital punishment, the book offers a detailed picture of a peculiar institution - its cultural meaning and symbolic force for supporters and abolitionists, its place in the landscape of American politics and attitudes to crime, its constitutional status and the legal struggles that define it. Understanding the death penalty requires that we understand how American society is put together - the legacy of racial violence, the structures of social power, and the commitment to radical, local majority rule. Shattering current stereotypes, the book forces us to rethink our understanding of the politics of death and of punishment in America and beyond.
Chalmers' Marine Insurance Act 1906 is far more than a piece of annotated legislation; it includes case law with analysis and puts the decisions made in the individual cases into the context of Act. There is no other book or electronic service that does this. As marine insurance is encompassed by the Marine Insurance Act 1906 this book provides the user with an unrivalled guide to, and understanding of how the Act has evolved and how it is implemented in practice. It is a desk top, every day reference tool for anyone involved in any of the aspects of marine insurance. The new edition provides a new commentary reflecting the amendments to the Marine Insurance Act 1906 brought about the Insurance Act 2015. Important cases that are analysed include: · The DC Merwestone · The B Atlantic · Axa v Arig · The Cendor MOPU · The Bunga Melati Dua Previous ISBN: 9781845925949
First published in 1983, Modern Partnership Law departs from the traditionally stale treatment of the subject. The amount of effort being made to encourage small businesses has made partnership law particularly relevant. This book contains chapters on partnership finance; employees; partnerships between spouses and legal intervention in partnership law. In an attempt to move away from citing hackneyed nineteenth century English authorities on this subject, greater prominence is given to Commonwealth cases. This book should be a stimulating addition to the list of all law students.
The Scottish philosopher, historian and essayist David Hume is known especially for his philosophical empiricism and skepticism. Hume conceived philosophy as the inductive, experimental science of human nature, building on the epistemology of the English philosopher John Locke, which enabled him to explore how the mind acquires knowledge. This comprehensive eBook presents Hume’s complete works, with numerous illustrations, rare texts appearing in digital print for the first time, informative introductions and the usual Delphi bonus material. (Version 1) * Beautifully illustrated with images relating to Hume’s life and works * Concise introductions to the novels and other texts * All the essays and treatises, with individual contents tables * Includes rare essays appearing for the first time in digital publishing * Images of how the books were first published, giving your eReader a taste of the original texts * Excellent formatting of the texts * Includes Hume’s letters * Features two biographies - discover Hume’s intriguing life * Scholarly ordering of texts into chronological order and literary genres Please visit www.delphiclassics.com to browse through our range of exciting titles CONTENTS: The Books A TREATISE OF HUMAN NATURE AN ABSTRACT OF A BOOK LATELY PUBLISHED ENTITLED A TREATISE OF HUMAN NATURE ETC. ESSAYS, MORAL, POLITICAL, AND LITERARY A LETTER FROM A GENTLEMAN TO HIS FRIEND IN EDINBURGH AN ENQUIRY CONCERNING HUMAN UNDERSTANDING A TRUE ACCOUNT OF THE BEHAVIOURS AND CONDUCT OF ARCHIBALD STEWART AN ENQUIRY CONCERNING THE PRINCIPLES OF MORALS LETTER TO THE AUTHOR OF THE DELINEATION OF THE NATURE AND OBLIGATION OF MORALITY SCOTTICISMS FOUR DISSERTATIONS THE HISTORY OF ENGLAND DIALOGUES CONCERNING NATURAL RELIGION The Autobiography MY OWN LIFE The Biographies LIFE AND CORRESPONDENCE OF DAVID HUME by John Hill Burton BRIEF BIOGRAPHY: DAVID HUME by John Malcolm Mitchell Please visit www.delphiclassics.com to browse through our range of exciting titles or to purchase this eBook as a Parts Edition of individual eBooks
Employment Law is the core textbook for the CIPD Level 7 module of the same name. Easy to read, jargon-free and full of case studies and useful examples this fully updated 16th edition provides a thorough grounding in UK employment law and how it applies in practice. This definitive guide covers everything students need know to excel at their studies and begin a successful career as an HR professional. It covers the formation of the Contract of Employment, recruitment and selection, parental rights, discrimination and health and safety in the workplace. There is also essential coverage of unfair dismissal and redundancy. This new edition is completely up to date with the latest cases and legislation including updates to discrimination law and working time. There is also guidance on the legal implications of Brexit such as freedom of movement, workers' rights and the change to procedural arrangements for the final court of appeal in UK cases. Reflective activities, case studies and explore further boxes encourage critical thinking, broader engagement with the topic and a clear understanding of how employment law applies in practice, Online resources include a lecturer guide, powerpoint slides and extra case studies to support learning and enable students to apply the theory in practice.
Antonin Scalia was one of the most important, outspoken, and controversial Justices in the past century. His endorsements of originalism, which requires deciding cases as they would have been decided in 1789, and textualism, which limits judges in what they could consider in interpreting text, caused major changes in the way the Supreme Court decides cases. He was a leader in opposing abortion, the right to die, affirmative action, and mandated equality for gays and lesbians, and was for virtually untrammelled gun rights, political expenditures, and the imposition of the death penalty. However, he usually followed where his doctrine would take him, leading him to write many liberal opinions. A close friend of Scalia, David Dorsen explains the flawed judicial philosophy of one of the most important Supreme Court Justices of the past century.
The curiosity, entertained by all civilized nations, of inquiring into the exploits and adventures of their ancestors, commonly excites a regret that the history of remote ages should always be so much involved in obscurity, uncertainty, and contradiction. Ingenious men, possessed of leisure, are apt to push their researches beyond the period in which literary monuments are framed or preserved; without reflecting that the history of past events is immediately lost or disfigured when intrusted to memory or oral tradition; and that the adventures of barbarous nations, even if they were recorded, could afford little or no entertainment to men born in a more cultivated age. The convulsions of a civilized state usually compose the most instructive and most interesting part of its history; but the sudden, violent, and unprepared revolutions incident to barbarians are so much guided by caprice, and terminate so often in cruelty, that they disgust us by the uniformity of their appearance; and it is rather fortunate for letters that they are buried in silence and oblivion. The only certain means by which nations can indulge their curiosity in researches concerning their remote origin, is to consider the language, manners, and customs of their ancestors, and to compare them with those of the neighbouring nations. The fables which are commonly employed to supply the place of true history ought entirely to be disregarded; or if any exception be admitted to this general rule, it can only be in favour of the ancient Grecian fictions, which are so celebrated and so agreeable, that they will ever be the objects of the attention of mankind. Neglecting, therefore, all traditions, or rather tales, concerning the more early history of Britain, we shall only consider the state of the inhabitants as it appeared to the Romans on their invasion of this country: we shall briefly run over the events which attended the conquest made by that empire, as belonging more to Roman than British story: we shall hasten through the obscure and uninteresting period of Saxon annals: and shall reserve a more full narration for those times when the truth is both so well ascertained and so complete as to promise entertainment and instruction to the reader. All ancient writers agree in representing the first inhabitants of Britain as a tribe of the Gauls or Celtae, who peopled that island from the neighbouring continent. Their language was the same; their manners, their government, their superstition, varied only by those small differences which time or communication with the bordering nations must necessarily introduce. The inhabitants of Gaul, especially in those parts which lie contiguous to Italy, had acquired, from a commerce with their southern neighbours, some refinement in the arts, which gradually diffused themselves northwards, and spread but a very faint light over this island. The Greek and Roman navigators or merchants (for there were scarcely any other travellers in those ages) brought back the most shocking accounts of the ferocity of the people, which they magnified, as usual, in order to excite the admiration of their countrymen. The south-east parts, however, of Britain had already, before the age of Caesar, made the first, and most requisite step towards a civil settlement; and the Britons, by tillage and agriculture, had there increased to a great multitude [a]. The other inhabitants of the island still maintained themselves by pasture: they were clothed with skins of beasts. They dwelt in huts, which they reared in the forests and marshes, with which the country was covered: they shifted easily their habitation, when actuated either by the hopes of plunder, or the fear of an enemy: the convenience of feeding their cattle was even a sufficient motive for removing their seats: and as they were ignorant of all the refinements of life, their wants and their possessions were equally scanty and limited.
This textbook is an ambitious and engaging introduction to the more advanced writings on land law, primarily designed to allow students to 'get under the skin' of the topic and begin to build their critical thinking and analysis skills. Each chapter is structured around key questions and debates that provoke deeper thought and, ultimately, a clearer understanding. The aim of the book is therefore not to present a complete overview of theoretical issues in land law, but rather to illustrate the current debates which are currently going on among those working in shaping the area. The text features summaries of the views of notable experts on key topics and each chapter ends with a list of guided further reading.
This specialist text on Partnership Law in Uganda recognizes the fact that most business activities in Uganda are either conducted individually or in partnership. The author compares the partnership with its offspring, the limited liability company and other associations, before dealing with its nature and definition with reference to relevant statutory provisions. This is followed by an examination of the relationship between partners and outsiders, essentially an agency aspect of partnership before considering the relationship between partners, an attribute resting on property, management and fiduciary considerations. The remaining chapters analyse the dissolution of partnership, the link between partnership and bankruptcy, taxation of partnership and the limited liability partnership introduced by the Partnership Act, 2010. The discussion is supported by reference to relevant Ugandan and common law cases. This work is intended to meet the needs of University Bachelor of Laws Degree students offering either the Company Law and Partnership or Law of Business Association courses, legal practitioners and researchers as well as peripheral students of law majoring in accountancy, business administration, finance and marketing disciplines.
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