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AS and A Level: Legal personnel
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- Marked by Teachers essays 9
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In due course it could be argued that the ECJ has developed into a political court. However, the provision for individuals to protect their own Community law rights is limited. The EC Treaty provides for the European Commission or a Member State to bring an action against a defaulting State under Articles 226-2275 but again these provisions are of limited effectiveness, in particularly concerning the enforcement of individual's rights. The foremost difficulty was that the Commission or other Member States might not be alert of a breach; the Commission is a small weak body, which has limited resources, and for that reason cannot monitor compliance of every measure of Community law.
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In some universities student might be given the choice of selecting which modules they would like to study, however regardless of the modules they choose to study, they would have had to study core modules such as Public Law; which covers Constitutional and Administrative Law, including Human Rights; Law of the European Union; Criminal Law; Obligations, which include Contract, Restitution and Tort Law; Property law, Equity and the Law of Trusts, (www.barstandardboard.org.uk). Achieving this degree will qualify a student to be recognized, by both the Law society for trainee solicitors and the Bar council for trainee barristers.
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However should the warrant prove, on later examination, to be invalid the arrest enacted under it would be unlawful. There is a sharp distinction between arrestable offences under s24 of PACE and non-arrestable offences under s25. Arrestable indictable offences are the more serious crimes such as murder, rape, kidnapping, and causing serious bodily harm. The Court of Appeal in Castorina v Chief Constable of Surrey3 stated that a trial court in assessing the lawfulness of an arrest under s24 of PACE should ask itself three questions: Did the arresting officer suspect that the person arrested was guilty of the offence; were there reasonable grounds for that suspicion; and did the officer exercise his discretion in order to make the arrest.
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niece and uncle or the step children of any person previously married to the child's parent and who have played a pivotal role in the upbringing of the said child. If either party is under 16 years old this is also a void marriage, if either party was already married this too becomes void(Chard v Chard). Void marriages also include same sex partners (Corbett v Corbett and Bellinger v Bellinger) unless it is a transsexual who has obtained a full gender recognition certificate under the Gender Recognition Act (2004)
- Word count: 5366