The New Fuss About Good Business Essay Topics

Development Application - Free Essay Example

This essay seeks to illustrate the role that Common law and Case law has played in the development of UK health and safety statute. The author will seek to explain the origins of Common law, its application and its interrelationship with statute law, in terms of statutory interpretation and the doctrine of judicial precedent. Both positive and negative aspects of such systems will be discussed during the course of the essay. The origins of UK common law date back to the reign of Henry II. Prior to the Norman conquest in 1066, Britain consisted of several kingdoms, of which each held their own customary laws and methods of applying and enforcing justice. Although the Normans were successful in their conquest of England at the battle of Hastings in 1066 resulting in the unification of the country, a common legal system was not achieved fully until 1154 during the reign of Henry II through the existing courts of the time, the Kings Bench, Court of the Exchequer and the Co urt of Common pleas. The unification of the legal system to commonly apply to all of the countrys subjects was to be applied uniformly and consistently across the country by a circuit of travelling judges, dispensing justice based on past decisions (precedents) in court known as; In terms of the application of a judicial precedent, a court must consider if the earlier decision is applicable as a Binding Precedent, whereby the relevant statement of facts are the same in each case and must be followed by a court of the same or lower standing, or that the earlier decision is applicable as a Persuasive Precedent because, although not all of the criteria of a binding precedent has been met, other factors are contained in the previous decision that maybe influential. In the event of a conflicting point of view on a specific point of law, then the hierarchy of the court system is relied upon; higher courts set legal precedent for lower courts. This was illustrated in the case in the cas e of Dickins v O2 in 2008, whereby the claimant Ms Dickins had brought a successful claim against the defendant O2 for psychiatric injury due to excessive stress. On appeal, the defendant had argued; Common law and its judicial precedent have the advantage of providing certainty to cases that are the same and also direction to those that are alike. There is also an inherent flexibility within common law that allows for judicial decision to develop with the social expectation of its citizens and general societal change. However, the common law system also has an inherent disadvantage; that judgements on cases are only made following that they have been brought before the court. In the context of health and safety in the UK during the industrial revolution which began at the start of the 18th century, the reactive nature of common law did little to ease the suffering of workers, many of which were children, working in appalling conditions where serious injury and death were commonp lace. Statute law, as opposed to common law, is in essence the formulation and enactment legislation by parliament on topics of societal concern that requires legislative control. The term legislation not only covers acts of parliament, but also statutory instruments or delegated legislation. In order to be accepted into statute, an act of parliament begins as a proposed bill (Public, Private or Members) and is required to go through a white paper process of consultation within the houses of parliament and Lords in order to be accepted into statute law. The legislation will only come into force on the day it receives its royal assent or alternatively on the day specified by the act itself. The doctrine of parliamentary sovereignty means that statutes passed by parliament cannot be challenged. Delegated legislation or Statutory Instruments do not go through the potentially lengthy and uncertain consultation process of a Bill and can be made under the authority of its primary legis lation (enabling act). Statutory instruments have the advantage of being drafted and implemented quickly in response to issues /incidents that have arisen or occurred that require legislation to apply specific duties in order to protect people or the environment from harm. An example of this followed the Piper alpha disaster in 1988 and the subsequent legislative response. The interrelationship between the development of statutory instruments under health and safety legislation, their enforcement and inspection would set a precedent for the way in which future legislation would be developed. However, the Factories Act 1833 and subsequent legislation up until 1974 was compartmentalised and developed in a piecemeal fashion. The only general duties that existed prior to the enactment of the Health and Safety at Work Act 1974, existed within common law and its judicial precedent (particularly within the Tort of negligence). The volume of case law and statutory legislation concerning health and safety and the resultant established duties placed upon employers, in correlation with the rapidly expanding and diverse number of industries within the UK by 1970, required a consolidation of UK health and safety law and the application of a generalised approach that gave protection to all employees in all modes of employment. With the formation of the Robens committee in 1970 and its published report in 1972, found that; It follows that there has been an obvious synergy between common law and statute in the development of health and safety legislation. In isolation, they have in their own right been less effective, than in their coming together since the development of the Health and Safety at Work Act 1974. Although the UK workplace has dramatically changed since 1974 with a shift from heavy manufacturing to a service based economy, this has posed new challenges for health and safety law. More recently, the emergence of workplace stress has become a significant conc ern for employers and employees alike. For example, the publication Nursing times stated in 2009; The publication of HSG 218 Managing the Causes of work related stress in 2007 does not appear to be sufficiently effective given that between its publication in 2007, up to 2009, statistics show that cases of stress were broadly the same. Could the absence of statute on the subject be having a negative effect? The author believes so, given that the incidence rate of this work related illness is so high and has not been impacted on by the publication of health and safety guidance. However, the synergy between common law precedent and statute lies paradoxically in the heart of this subject as it did prior to the enactment of the Health and Safety at Work Act 1974. Whereby, common law judicial decision and its subsequent precedents (as seen in Dickins v O2) will give guidance for the future development of legislation that must surely follow in order to make sufficient improvements which will effectively protect employees from work related stress.

How to Make Money Cant Buy Happiness With Term Papers

How to Make Money Can't Buy Happiness With Term PapersThe perfect student, the perfect college student and the perfect term paper are usually all involved in a term paper, but can you make money can't buy happiness. You need to check the student's grades and try to catch that one time mistake the student made on that term paper. Your term paper will be the perfect research paper for your school report or dissertation.Most students have a little anxiety when taking final exam papers, because they really don't know what to expect. Before you start writing you need to be sure that you are clear about the topic of your paper. And then you will be able to write more effective term papers that will really help your school. These two factors can really make a huge difference in getting good grades.If you want to make money can't buy happiness with final exams, try putting yourself in your students shoes. Imagine you have already finished the term paper you are working on. What do you think is on your mind? What exactly is it that you will be trying to accomplish by your final exam? Students may also write an essay on a particular topic and try to summarize what the paper says.Before you even start writing the term paper you must make sure that the topic is covered adequately. This is one factor that will determine whether your paper will be accepted by the board of education. They may also call for an interview from you for a grant if you have a certain topic covered in your term paper.The goal for term papers is to provide a good read out for the reader and these are the elements that will make the term paper perfect. When writing an essay for example, you need to make sure that you cover a lot of topics. After you have written a thorough topic that covers all the topics in your paper, you need to doresearch for that topic, such as reading books and other things that can provide you with information about that topic. After you have done the research for that topic, y ou should have something to contribute to the board of education so that you will be considered for a grant.Many students who write term papers on various topics fail to provide the students with the right information and the right facts that they need. Students are busy kids, and sometimes they don't have time to go and look for information. To avoid this problem, try to focus on the topic, at least, from the first paragraph. You don't want to get stuck in a maze with all the information and facts that you have not covered. By having an outline for your paper you will be able to narrow down your topic and the information you need to include in your paper.It is very important to write your term paper properly. Sometimes a term paper can just go wrong, you might even come up with something silly. Your teachers will notice this and they will tell you that you have just given up too early. That would be a mistake because that is also a reason why many students are not able to make mone y can't buy happiness. They give up too early, because they lack the passion to write well and work hard on their term papers.It is very important to remember that you are very nervous before your final exams. Before you take that final tests or final essay, try to be calm and relaxed. Remember that before you write a term paper, term paper for school report or dissertation, make sure that you have all the knowledge on that topic.