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The facts are all important and application to the facts is essential. AS and A2 level essays in subjects such as English and History. Remember that if something does not advance your answer to the factual scenario actually set, then do not say it. There is often no need to go into the detailed facts of the cases you cite. One important point at the start do not treat a problem question as an invitation to write an abstract essay about the legal issues involved in the problem. For example, they may wish to know whether there is a binding contract and the consequences of this.
If a client came to see you in person, you would ask a series of more detailed questions. Which of the following are correct in relation to the single market of the EU. The European Parliament works with the Council to decide on the content of EU laws and officially adopt them. In such a case it is appropriate to argue by analogy and policy a relevant example is the position on telephone answering machine messages. Do not assume facts which are not given and do not ponder on what the position would have been if the facts had been different unless specifically requested to do so by the question itself, e. What you say must be complete and make sense on its own you should not rely on the readers own legal knowledge to complete the meaning.
When a country becomes part of the EU it gives up decision making powers in certain areas to the EU. Remember that if there are major questions of fact omitted from the problem you should point these out and explain their relevance. What is the minimum and maximum number of MEPs for each country. European Council meetings are essentially summits where EU leaders meet to decide on what. The European Council is in charge of setting the EUs general political direction and priorities. Which idea was formed to create a new structure for the coal and steel trade and culminated the European Coal and Steel Trade Community Treaty. Any goods, services and capital should be able to move freely between the MS After the EEC broke down the Single European Act 1986 tried to rectify it and move it forward again. Holwell Securities v Hughes notice in writing to Dr Hughes was sufficient to require actual communication of an acceptance and thereby oust the operation of the postal rule. In particular, give only the name if the case is being cited as authority for a broad general proposition of law and the facts are not particularly significant or helpful as an illustration. Which Treaty gives the European Parliament more influence over EUlawmaking. If a new country wants to join the EU it does not need the permission of the European Parliament. This goes beyond what you would normally find in a typical treaty. This should help you to focus on what it is that that person actually wants to know and then only explain, apply and assess the law which is relevant to answering this question. For example, it is usual to find an offer first before seeking to identify whether a piece of correspondence constitutes an acceptance.
- Law Essay Questions. The supremacy of EU law is irreconcilable with the doctrine of national constitutional sovereignty.
- The selection of European law essays below. The Order Of Precedence Between Common Law Equity Uk Statute And Eu Law Essay;. Law Resources; Part of All Answers.
- UNLOCKING EU LAW Essay Questions & Answers Free Movement of Goods The Fazzizi car company, in Italy, produces powerful sports cars, 1 and it is one of the most.
- UNLOCKING EU LAW Essay Questions & Answers. Unlocking EU Law Third Edition © Tony Storey 2011 Meanwhile, Beatriz has decided that their relationship is over.
OR, the introduction frequently encountered in the Contract law examination paper This is a problem concerning Contract law of course it is. You can conclude simply by summarising the outcomes for the parties you were asked to advise but only do this where you have not already given this type of conclusion at the end of the application for each issue or where you want to conclude with a statement of the wider picture i. Countries can choose to work together to achieve a particular aim in this scenario you need a unnanimous decision. Or the application of the reasonableness requirement in relation to exemption clauses under UCTA 1977 eu law essay questions and answers. Avoid discussing at any length matters about which there can be no dispute, i.
There is no need to repeat the facts of the problem in the answer unless you are making use of them to expressly identify the basis for your identification of the legal issue. Students will frequently write out all the law they consider to be raised by the facts and then, without separating the issues clearly, leave all their application to the end. Avoid vague statements and unsupported generalisations since law is a precise and detailed subject. In particular, you should avoid beginning your answer with a general summary of the law of contract For example In order to have a binding contract there must be an offer and an acceptance. A union of states who self govern, however there is a central government the predominance is with the central government. This is known as laymans law and must be avoided at all costs since it is likely to lead to a fail answer. In other words, they can be usefully incorporated as part of your discussion of the legal issue and application. However, they are often specifically called for in essay style questions and you should never ignore reform proposals. In terms of your application and treatment of different issues, e. However, you must not produce an answer which is based purely on policy and which ignores the law the sort of work you might produce if you had not studied a law course at all. Countries who trade with one another become economically interdependent and so more likely to avoid conflict Countries who trade with one another and become economically interdependent for financial gain Countries who allow citizens of other member states to move freely within their country will earn a higher economic status Countries allow people and goods to flow freely in and out the country in order improve the economy Everything it does is founded on treaties, voluntarily and democratically agreed by all member countries Everything it does is founded on common law, voluntarily and democratically agreed by all member countries Everything it does is founded on treaties, voluntarily and democratically agreed by most member countries Everything it does is founded on treaties, involuntarily and democratically agreed by the majority of member states The EU institutions are not legally bound to uphold the core values, it is just frowned upon if they do not. The Marshall Plan kick started economic revival and was a demonstration of Europe working together to achieve an aim. If there is more than one issue andor if advising more than one party, you will need to deal with each separately. The TFEU gives exclusive competence to the EU in which of the following areas. The establishing of the competition rules necessary for the functioning of the internal market Can be both horizontally and vertically effective depending on the nature of the right being given. Avoid introductions that are so general that they could have been written in answer to ANY problem considering principles of Contract law.
Case 15284 Marshall v Southampton South West Hampshire Area Health Authority 1986 ECR 723 The time limit for the member state to implement the directive must have passed A body would be part of the State if it is subject to the control of the State A body would be part of the State if it has special powers given to it by the State A body would be part of the State regardless of the function it is performing A body would be part of the State if it could show it provided a public service NUT v Governing body of St Marys Church of England aided Junior School 1997 3 CMLR 630 In order to enforce a directive in your national court, which conditions must apply. Where direct effect does not apply an individual cannot seek to rely on direct effect. Always give reasons for your views and authority for legal principles and rules then explain the nature of the uncertainty and suggestions on how it might be resolved including your own view of the most likely approach to be taken by a court.
A constitution successfully written and accepted following the Treaty Establishing a Constitution for Europe 2004. Which of the following statements best defines the concept of intergovernmentalism in relation to the integration of the EU. The central actors are the states themselves, which essentially act to protect their own interests It prepared for the completion of the internal market in the successive treaties It introduced the Justice and Home Affairs, and Foreign Security policy pillars The Treaty establishing the Constitution for Europe was ratified by all MS and came in to force in 2009. What was the basis of this complaint. That the Italian court sought a ruling on the compatibility of a national law with the Treaty using the preliminary reference procedure In Costa v ENEL the court outlined the characteristics of the Community now Union which had resulted in the MS loss of sovereign rights. A complaint had been made about the wording of the reference from the guidice conciliatore The Italian Court. Similarly, identify that the correspondence is in fact an acceptance before looking at whether it has been communicated. To be enforceable the agreement must be supported by consideration and there must be an intention to create legal relations. The order and organisation of your lecture materials and course texts should guide you on this. It may be very difficult to apply the legal principle in question to the facts before you, e. The Treaty on European Union TEU and the Treaty on the Functioning of the European Union TFEU It is important to distinguish between areas of exclusive and shared competence as MS shall not be bound by legislation made in the areas of nonexclusive competence The principle of subsidiarity applies to areas which do not fall within the exclusive competence of the Union The principle of subsidiarity apples to areas which fall within the exclusive competence of the Union The Union shall act only within the limits of competence given to them by the MS The content and form of the Union action shall not exceed what is necessary to achieve the objectives of the Treaties In areas which do not fall within its exclusive competence the Union shall act only if and in so far as the objectives of the proposed action cannot be sufficiently achieved by the MS Which of the following statements relating to the ordinary legislative procedure Article 294 TFEU isare true. The ordinary legislative procedure was formerly known as the codecision procedure The ordinary legislative procedure was formally known as the assent procedure The ordinary legislative procedure gives a right of veto to the European Parliament The ordinary legislative procedure enables Parliament to amend the wording of legislation as it sees fit Determining the question of priorities between directly effective international law and domestic law is normally reserved to international law.
Such introductions do not answer the question set they are unrelated to the specific issue raised. You must have a precise understanding of the facts, since facts determine the relevance of any legal points you make later. The dangers of excessive repetition and irrelevant points of law are high and this is very poor legal style. You should write as if the work were intended for a lawyer who knows only a little about the area of law in question. State the law in the context of the issue raised by the facts. The legal issue involved will determine the order in which you deal with principles and their application. What you need to avoid is an answer that stops and starts by returning to the facts in a manner that affects the flow of your answer. The case of Costav ENEL was before the ECJ on a preliminary reference under Article 267.
Which of the following were cited by the Court. The competences of the EU have been extended as the key treaties have been amended According to Article 163 TEU, Qualified Majority Voting is the default position in the Council decisionmaking, unless the Treaty provides otherwise A qualified majority shall be defined as at least 55 of the members of the Council, comprising at least 15 of them and representing MS comprising at least 65 of the population of the Union A qualified majority shall consist of at least 255 votes out of a possible 345 representing the majority of the members and at least 62 of the total population of the Union The Lisbon case in the German Federal Constitutional Court FCC concerned a challenge to the validity of the Lisbon Treaty on Constitutional grounds. Irrelevancy can lead to double jeopardy in that it detracts from what you have said and it leaves you less time to say something which is relevant, important and effective leading to an unbalanced answer. Avoid jumping around between issues and mixing discussion on different issues. You will, however, need to go into detailed facts where you are seeking to distinguish the facts of the case in question from the facts of the problem or where there are significant similarities of wording in the documents used in your problem to the words used in a specific case, e. Kyoto Treaty Where decision making powers are given to essential authority. Consider the order in which you wish to deal with the issues raised by the facts and bear in mind the need to present points in a coherent and logical way. Do not move on to a further issue until you have said all that is required to be said about the first identified issue. Under the Lisbon Treaty the number of Members of European Parliament MEPs from each member stateis in proportion to its population.
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UNLOCKING EU LAW Essay Questions Answers. The supremacy of EU law is irreconcilable with the doctrine of national constitutional sovereignty. Law Teacher have thousands of free law essays to help you write your own.
European Law Proceedings Taken Against Eu Member States. To write an abstract essay about the legal. Home Create Quizzes Society Law EU Law Exam. Need help with your law essay. The ability of individuals to enforce EU law rights by using. The European Union Questions and Answers Kristin Archick Specialist in European Affairs February 21, 2017 Congressional Research Service. The selection of European law essays below. UNLOCKING EU LAW Essay Questions Answers Free Movement of Goods The Fazzizi car company, in Italy, produces powerful sports cars, 1 and it is one of the most. Guidance on how to answer problemstyle questions. Answers to problem questions in contract law. EU LAW ESSAY QUESTIONS AND ANSWERS EU LAW ESSAY QUESTIONS AND ANSWERS Title Ebooks EU LAW ESSAY QUESTIONS AND ANSWERS Category Kindle and eBooks PDF. Law Resources Part of All Answers. Unlocking EU Law Third Edition Tony Storey 2011 Meanwhile, Beatriz has decided that their relationship is over. The European Union EU.
UNLOCKING EU LAW Essay Questions Answers. Unlocking EU Law Third Edition Tony Storey 2011 Meanwhile, Beatriz has decided that their relationship is over.
UNLOCKING EU LAW Essay Questions Answers Free Movement of Goods The Fazzizi car company, in Italy, produces powerful sports cars, 1 and it is one of the most.
Law Essay Questions. The supremacy of EU law is irreconcilable with the doctrine of national constitutional sovereignty.
The European Union Questions and Answers Kristin Archick Specialist in European Affairs February 21, 2017 Congressional Research Service. The European Union EU.
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