Legal education

The courts then formed a test called the test of proportionality. This test was originally created by Lord Hope in the case of Kebeline but it was amplified in Lambert and was explained further in Brown v Scott . The test holds three limbs which are, what the prosecution must prove in order for the burden to shift to the accused, what is the burden of the accused and what is the nature of the threat to society which the Act in question is trying to prevent. If the reverse burden given to the…

here are two recognised standards of proof in Scots law. The first is beyond reasonable doubt, which is usually in criminal cases. The second is on the balance of probabilities which arises mostly in the civil context. This would suggest that the law on the standard of proof is straightforward. However ambiguity arises in the argument that there is or that there should be a third standard. Another important complication to this area of the law arises when considering civil circumstances that may…

Approaching the conflictions regarding the controversial skeptical argument of the Brain in A Vat there can be many flaws or holes seen within the argument itself, Moore’s Proof, the Anti-Skeptical argument, and Modus Ponens. Throughout all of these examples many flaws or counter examples arise that can either help or reject the argument by themselves, but when using all together you get a better stance on the argument. Upon closer examination of premise one, I know that I have hands only if I…

One of the most common misconceptions of Americanized Christianity is this Christianity is, itself the perfect model of Christianity. Our manifest struggles with the meaning of Christianity, and its application within our social structure has set to define the United States as a “Christian” nation – that is a nation founded and built upon a foundation of Christian principle. This misguided idea has lead many to defend a quasi-theocracy that was never intended to be the fundamental tenet of our…

There seem to be two modes of thinking involved in reading and understanding the theories of past philosophers; first, involves the philosophical tools accessible to the reader in understanding the content. This involves the use of up-to-date dictionaries to define unfamiliar terms, or secondary sources that compose a variety of graded translations and arrangement of the material so that it can be read chronologically. The second mode involves a far more difficult task than the first, to develop…

Have you ever taken a moment thought about why the legal drinking age for most states in the United States is twenty one? In the United States when an individual reaches the age of 18 they are considered an adult in the eyes of the law. Being an adult in the eyes of the law means an individual is mature enough to vote, buy cigarettes, sign up for the Army, and if a crime is committed you will be charged as an adult. The law says an 18 year old is mature enough to make life-alternating choices,…

Since the founding of America, people have been led to believe that equality is a pertinent part of their lives and that they should embrace and relish it because it is a God given right. I would like to say that we all know that is just not true!! Our Declaration of Independence states, “all men are created equal, that they are endowed by their Creator with certain unalienable rights” . How exactly are we considered equal? Are we equal because God created each of us to occupy this earth, to…

INVITATION TO TREAT UNITED STATES In United States the invitation to treat is known as invitation to bargain. Invitation to bargain in the US also same as invitation to treat in UK, because the primary sources of the US law is from English common law, case law, statutes and the constitution. Therefore, the English common law was used as foundation of the US law. The UK and US lawyers break down the procedure of contract information into three steps, which are invitation to treat (invitation to…

State Issue: The current legal drinking age in the United States is 21 and not allowed at the age of 18. B. What kind of Issue: This is a major issue as underage drinking has become more popular among teenagers and the younger generations. C. Boundaries: Restrictions have been set and laws are in place that make the legal age of alcohol consumption to be 21 years of age. With this law, people still abuse it on all levels. D. Side A: Many people believe that lowering the legal drinking age would…

Let’s have fun they say… If you can serve your country, you should be able to drink they say…One drink can’t hurt they say… Easy up and have a good time they say… Once in our life time we will hear these words from people that trying to make you drink. The sad part is according to the National Institute on Alcohol Abuse and Alcoholism every year over five thousand young people under the age of twenty-one die as a result from underage drinking; this includes 1,900 from death of motor vehicle…