Law 3135 specimen essay extract with footnotes
For those of you who have not written a law essay before please note that, in law essays, footnotes appear at the foot of each page. Here is an extract from a student’s answer to a question which was set some years ago.
THE DECISION-MAKING PROCESS
The backbone of planning control is s.57 (1) of the Town and Country Planning Act 1990 , which states, “planning permission is required for the carrying out of any development of land.” S.55(1) TCPA 1990 provides us with the statutory definition of ‘development’, “the carrying out of building, engineering, mining or other operations in, on, over or under land, or the making of any material change in the use of any buildings or other land.” In order to decide whether to allow such development the decision-maker must have regard to s. 70(2) TCPA 1990, which states, “the authority shall have regard to the provisions of the development plan, so far as material to the application, and to any other material considerations.” The status of plans was enhanced by s.54A of the TCPA 1990 , now repealed by s.38(6) Planning and Compulsory Purchase Act 2004, which states, “determination [of an application] must be made in accordance with the plan unless material considerations indicate otherwise.” Material considerations are numerous and varied. As stated in Stringer v Minister of Housing and Local Government, “any consideration which relates to the use and development of land is capable of being a planning consideration.” National planning policy is a particularly important material consideration. A decision-maker has discretion to weigh all factors before as he sees fit, although a decision is challengeable if he fails to take a relevant factor int...
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...historic nature and features of listed buildings but generally favour the conversion of Highgates. Horseshoe bats are a protected species under Schedule 5 of the Wildlife and Countryside Act 1981 and also the Conservation (Natural Habitats, &c) Regulations 1994. E14 and E18 stress the importance of the protection of wildlife and the latter makes specific reference to WCA 1981. E1 is also of relevance, as such development (if granted) would preserve historical heritage.
PPG15 is of particular importance, “Generally the best way of securing the upkeep of historic buildings is to keep them in use… The best use will very often be the use for which the building was originally designed.” It goes on to state, “Achieving a proper balance between the special interest of a listed building and proposals for alterations… is rarely impossible, if reasonable flexibility and
Hampton Save a Landmark campaign was created with a mission to refurbish historical landmarks. In 2008, the company ran a “Landmark Legends” survey to gain knowledge of what the people wanted
Three distinct decision making processes are programed decisions, operations research, and non-programed decisions (Dunn, 2010). Programed decisions are those made routinely and are well-known to the person making the decision (Dunn, 2010). Often these issues have standard rules and regulations that encompass them (Dunn, 2010). As stated by Dunn (2010), “operations research is closely aligned with systems analysis and is defined as the use of mathematical models, analytical methods, or structured inquiry to analyze a complex situation and identify the optimal approach” (p. 44). The third decision making process is non-programmed decisions, which are out of the ordinary having no typical solution (Dunn, 2010).
In the profession of Dental Hygiene, ethical dilemmas are nearly impossible to avoid, and most hygienists at some point in their professional life will have to face and answer ethical questions. Some ethical conflicts the dental hygienist may encounter can be quite complex and an obvious answer may not be readily available. In the article Ethical Decision Making, Phyllis Beemsterboer suggests an ethical decision-making model can aide the dental hygienist in making appropriate decisions when confronted with an ethical situation, and that the six-step model can serve dental hygienists in making the most advantageous ethical decision (2010).
Law and Society, Ninth Edition, by Steven Vago. Published by Prentice Hall. Copyright © 2009 by Pearson Education, Inc
McOskar Enterprises, Inc. owns and manages a health and fitness center identified as “Curves for Women”. Tammey J. Anderson, the complainant, joined Curves on April 2, 2003. As part of the joining process Anderson signed a release of liability agreement. This agreement released Curves from any liabilities related to injuries that might be sustained by contributing in any activities or through the use of equipment. The agreement also stated that participants agreed to all risks of death or injury that could occur, Anderson read and signed the agreement of terms with Curves. After completing the liability agreement, Anderson began working out under the observation of a Curves’ trainer using the machines within the facility. During the workout Anderson notified the trainer that she began to feel pain in her neck, shoulder and arm, but finished her workout. She continued to feel the pain when she got home and pursued medical attention. As part of her prescribed medical treatment she was sent for a course a physical therapy. In June 2003 Anderson underwent a cervical discectomy, a procedure used to treat nerve or spinal cord compression. After her procedure Anderson sued Curves, claiming negligent acts during her workout. Anderson v. McOskar Enterprises, Inc., 712 NW 2d 796 (Minn. 2006).
faced in restoration projects. Are these bills necessary or is there a better solution that politicians are overlooking?
In this essay we will discuss the process of legal research, writing, and analysis. The subject matter will be presented in a clear, concise and objective manner. The textbook that we will be referencing is "Gilbert Law Summaries: Legal Research, Writing, and Analysis" 10th ed, BarBri Group, 2006.
The English legal system is complex and there are many ways in which it can be influenced, this essay will explore some of the different, more obvious ways the law can be changed and what this shows in relation to the quote above. First the essay will discuss the different ways the law can be created and changed and who enables and controls those changes, with my primary examples being the common law and legislation for the judicracy and Parliament respectively, then the essay will cover to what extent these powers enable the judicracy to change and create law in relation to Parliament and if it could be discribed as "opportunistic and piecemeal".
Cownie, F and Bradney, A. (2002) English Legal System in Context, London, Butterworths, pp. 293-4.
The rule of law, simply put, is a principle that no one is above the law. This means that there should be no leniency for a person because of peerage, sex, religion or financial standing. England and Wales do not have a written constitution therefore the Rule of Law, which along with the parliamentary Sovereignty was regarded by legal analyst A.C Dicey, as the pillars of the UK Constitution. The Rule of Law was said to be adopted as the “unwritten constitution of Great Britain”.
The courts of England and Wales acknowledge that the above must be something of value, in order to amount to consideration. A valuable consideration in the perspective of the English La...
Legal realism defines legal rights and duties as whatever the court says they are. Out of all the legal theories we have examined in class, I personally believe that this is the one that best exemplifies the purpose of law and would best suit and benefit society. The Dimensions of Law textbook defines legal realism as “the school of legal philosophy that examines law in a realistic rather than theoretical fashion; the belief that law is determined by what actually happens in court as judges interpret and apply law.”
Law is one of the most important elements that transform humans from mere beasts into intelligent and special beings. Law tells us what is right and wrong and how we, humans, should act to achieve a peaceful society while enjoying individual freedoms. The key to a successful nation is a firm, strong, and fair code of high laws that provides equal and just freedom to all citizens of the country. A strong government is as important as a firm code of law as a government is a backbone of a country and of the laws. A government is a system that executes and determines its laws. As much as fair laws are important, a capable government that will not go corrupt and provide fair services holds a vital role in building and maintaining a strong country.
Several publications and manuals have been developed over the years for guidance on sound management of World Heritage properties, both general guidelines, specialised guidelines that cover particular areas of concern for the management plan and specialised approaches from the perspective of specific disciplines or fields of study. Some of the guidelines apply to both cultural and natural properties are: General guidelines:
Should the aim of law be primarily focused on the protection of individual liberty or, instead, the normative goals aimed at the good of the society? The question of law and morality is difficult mainly because it needs to be addressed with current social conditions that exist, the morals and values that the particular society has. In general, the laws in any society should not only be focused on regulations, but it should also protect individual’s liberty. Devlin debate was based on deciding whether law should enforce morality. He debated about what the law ought to be and whether morality should be enforced by law to form a good society. Furthermore, John Stewart Mill did not write specifically on law and morality. His argument constituted mainly on the anti-enforcers side of law and morality because he believed in individual liberty. John Stuart Mill's assertion that the only justification for limiting one person's liberty is to prevent harm to another