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- Marked by Teachers essays 26
All summary cases are heard by magistrates. A triable either way case can be heard in a magistrate's court or in the crown court if the offence is deemed too serious. A magistrate will conduct what is known as mode of trial hearings for either way cases, which is where they decide whether the case will be heard by magistrates or by judge and jury. If the offence is considered serious enough to require a harsher sentence than 6 months prison/�5000 fine, then it will be heard in the crown court.
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If people have difficulty understanding English, or if they are deaf, then the police have to take reasonable steps to ensure that they understand their rights. A 'stop' is when a Police officer stops an individual and asks them to account for themselves. That is, if they ask the individual to tell them: what they are doing, why they are in an area, where they are going, or what they are carrying. Due to the Stephen Lawrence Report where the Police were said to be 'institutionally racist', the officer must fill in a form saying why they were stopped and the individual must be given a copy (Police and Criminal Evidence Act 1984- PACE, Section 3).
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Distinguish Criminal law from Civil law in the English Legal System. Outline the jurisdiction and composition of the courts of trial dealing with these two different types of cases.4 star(s)
Criminal and civil cases are dealt with in different courts of trial. There are two courts for criminal cases, the magistrate's court and the crown court. In a magistrates court lay magistrates hear most cases normally in groups of three. Lay magistrates are part time, unpaid and do not need a legal qualification, however they are assisted by a legally qualified clerk who may advise if requested. Some, but very few cases may be heard by District |Judges. District judges are legally qualified, full time and paid, they sit alone and hear the longer and more difficult cases.
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The three main rules of statutory interpretation are the literal rule, the golden rule and the mischief rule.3 star(s)
Some judges have their own favorite rule and the different outcomes may result from the use of different rules. One judge may use a particular rule of interpretation and another judge may use another rule, even for the same case. The three main rules of statutory interpretation are the literal rule, the golden rule and the mischief rule. The literal rule means the courts will give words their plain, ordinary or literal meaning even if the result is not very sensible and does not appear to be the on which parliament intended when making the law. This is the oldest of the rules and it is still popular today.
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In relation to the offence of murder discuss the suggestion that the law is in urgent need of reform3 star(s)
1996 as the time frame was no longer relevant. There is also no distinction for mercy killing especially of those in a vegetative state. The definition of a "person" is open to interpretation, as a foetus is not considered a "person", so if death is caused before the child has an existence independent of its mother, there can be no murder. However under the House of Lords' decision in Attorney General's reference No.3of 1994 (1998) ac245 (no3 of 1994) (1998)AC 245 HL it states "if a baby is born and later dies because of an attack on its mother by the defendant whilst in the womb" with the intention to cause GBH then this would be enough to form an intent to murder.
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Approximately, 500 new magistrates are appointed each year. People in the community who want to become lay magistrates can also reply to advertisements or otherwise be selected after a recommendation because of their contribution to the local community. Local selection committees consider the gender, ethnic origin, occupation and political view of local magistrates; one of their aims is to keep a balance of different people on the bench. Magistrates do decide the guilt of innocence of the defendant, but in addition, they also decide the sentence. This in effect gives them more powers than a professional judge.
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in the 20th century it had regarded itself as bound by its own decisions until the 1966 practice statement which allows them to depart from their previous decisions when it appears right to do so. The practice Statement did not alter the fundamental House of Lords precedent but allowed the House of Lords more flexibility in changing its mind. The House of Lords has emphasised the need for certainty, and the power to depart from their previous decisions has been used sparingly.
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Critically discuss different possible meanings of justice and explore the relationship between law and justice.
In relation to this, Thomas Aquinas, defined "distributive justice" similar to Aristotle's, stating that people should be treated in the way that they deserve, however, he also believed that people should receive due to their "merit, need and rank" - which can also be associated with one's age. This part of his belief conflicts with Aristotle's view and also Karl Marx's, who that wealth should be distributed "from each according to one's ability, to each according to one's need". Marx's view covered two principles; to maximise one's contribution to the common wealth by making full use of his abilities and to receive according to his need, irrespective of the personal contribution one has made to the production process.
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The capacity of a minor to enter a contract is still regulated by the common law, and modified by the Minors' (Property and Contracts) Act 1970. The general principle is that a contract between a minor and an adult is binding on behalf of the adult but not on the minor. If, after attaining his majority, he ratifies it through an act confirming the promise he made when officially a minor, he is bound legally to the contract. There's no need for consideration for the act of ratification.
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that arise from it on paper, this was the first method of case law and was by far the most common way of jurisprudence hence the title 'common law'. This is the first instance of law although there have been a similar system of punishment around different ancient cultures and religions, most notoriously being the ancient roman custom of stoning and crucifixion. This system of punishment was unfair, unjust and did not provide the defendants the opportunity to prove their case fairly and without pre-bias and prejudice.
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Although a just law may be providing equality it doesn't always occur that way. For example, a wealthy person may be able to afford legal representation, but those people who can't afford legal representation will be disadvantaged and will not have an equal opportunity before the law. * Maintains a link to religious or ethical precepts: The common law legal system is the product of various historical influences, many of which were the religious and moral viewpoints of different times.
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Mens rea is the Latin term for "guilty mind" and it is usually one of the important constituent of a crime. The standard common law test of criminal liability is usually expressed in the Latin phrase; actus non facit reum nisi mens sit rea, this phrase means that "the act does not make a person guilty unless the mind is also guilty". Mens rea is very important because without it the crime could not be considered to be an accident.
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and the Children Act, 2004 (Cth) have set in motion an agenda that looks to the increasing the volume and effectiveness of child-protection services. The UK Government is a signatory to the United Nations Convention on the Rights of the Child (CRC) and despite the fact that it is not incorporated in the domestic legislation, yet has a growing influence on the Government's commitment to the rights of the children. But this has brought a peculiar problem for the policy makers as it has been observed that there is a growing divide between the family represented by the parents and children.
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All these things are reflected in the high incidence of poverty which is among the highest in Europe. As of 2003, 21% of Irish population was receiving an income below the risk of poverty line and this could be compared only with the situation obtaining in Greece and Slovenia within the EU (Eurostat). But what cannot be compared is the fact that the economy has been witnessing an unusual boom which is reflected in growth of the GDP. The drastic cuts in public spending carried out by Fianna Fail with the implicit support of other parties may no longer hold water.
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The trip has been organised by one of the teachers, Mrs. Kay, who is accompanied by Mr. Briggs (the Depute Head) and two younger teachers. The play reveals what happens during the course of the day and shows the different teaching styles of Mrs. Kay and Mr. Briggs. It also raises the issue of social deprivation by asking why children do not get the same chances in life. MRS. KAY Mrs. Kay is a liberal and open-minded teacher who is fond of her pupils.
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Juries are only used in circuit courts for more serious cases such as fraud, murder, rape, assault, or burglary; however juries are sometimes required for civil cases such as libel. Criminal trials are held in the crown court whereas civil trials are held in the high court or county court depending on the severity. Under the Juries act (1974) as commended by The Criminal Act (2003)to be eligible for jury service one must fit the following criteria: on the day one's jury service begins, be at least 18 years of age yet under 70; one must have dwelled for at
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Euphemisms of the pro-euthanasia movement include "right to die", and "death with dignity". The term "passive euthanasia" is often applied to the withdrawal of useless treatment that is only prolonging the dying of a person. This needs to be differentiated from withdrawing of something that is actually keeping them alive, the withdrawal of which actually causes their death. It has been pointed out that the pro- life lobby will be split and discredited if there is an insistence by some that all technological means must be used whenever possible to prolong life. No ethical doctor insists on the use of burdensome, ineffective of futile measure, commonly called 'disproportionate', when refused by the patient or family.
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There are several advantages of the system of trial by jury. Firstly, the general public acceptance of the way the jury system works. As I have already stated, the jury system has been around for many years, almost 800 years now; the fact that the jury has stood the test of time has given society a feeling of acceptance that this is the best way to decide on the outcome of indictable offences. Secondly, the jury system gives the public a chance to participate in the legal process.
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Also, when a defendant pleads guilty the jury are then sworn in and have to attend court for the whole case and decide weather the defendant is guilty or not. They are selected at the CSB (Central Summoning Bureau) by a computer from the electoral register in each area. Electoral registers are when people fill in the forms that local councils send them to confirm who lives at the address and then they can receive voting cards to be able to vote in elections.
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Jurors can now not be punished for their decision. Courts also cannot try to force them to change their verdict. Even now the jury system is ever changing, but the basics will always still remain. The jury is a group of 12 people. They are all different races, ages and genders. In criminal cases, the jury decide whether the defendant is guilty or not. In civil cases, the jury decide if the claimant has proved their case and also how many damages are being awarded.
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Find two cases on Indigenous customary law and discuss how they relate to the recognition of Indigenous customary law in Australia(TM)s legal system
The case was heard in the high court in 1982 as a response and rejection to the Queensland Amendment Act 1982 which purpose was to establish a system making land grants on trust for Aboriginals and Torres Strait Islanders.1 The action was brought to determine the legal rights of the Meriams and the ownership of their land (Murray Island). There were evidence to show that the Meriam people lived on the island before the European settlement cultivating the land and fishing.
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Leppiat, where John Henry Leppiat kicked his partner in the stomach. When asked why, he replied "I don't know, I just hoped the baby would die". Of course, there is also the case of Crown v. Harrigan, in which a case of road rage led to the death of a 7 month old unborn child- the forerunner to this legislation. The new Act stipulates that offences under the Crimes Act of 1900 were amended so that the infliction of grievous bodily harm also extends to the destruction of a foetus in any manner apart from abortion. There are many ways in which the new legislation reflects the changing nature of society.
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This example shows that law sometimes has to modify procedural justice in order to achieve real justice. Another example of a difficulty arising in practice is the case of Dianne Pretty who was in the final stages of motor neurone disease and wanted her husband to help her die to avoid a distressing and undignified death. The European Court of Human Rights found against her and accepted the view that the ban on assisted suicides was just, and that to make an exception for Mrs Pretty would open the floodgates to other cases.
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The Scheme pays a once only, tax-free lump sum to registered members when they claim and receive Age Pension. Various employers feel that older Australians are reluctant to learn new skills associated with their existing job, and this is why many Australians over 45 are being dismissed. "National data from the ABS 2002 Career Experience survey indicates that around 43% of employees aged 45-54 undertook formal training and, or, study in the previous year" (Government Workplace Website). This shows that close to half of Australians over 45 were willing to further their studies to remain employed.
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Discuss whether the balance between the rights of an individual and the powers of the police to detain and interview a person at the police station are satisfactory.
* Code E Deals with the tape recording of interviews with suspects in the police station. * Code F Deals with the visual recording with sound of interviews with suspects. There is no statutory requirement on police officers to visually record interviews. However, the contents of this code should be considered if an interviewing officer decides to make a visual recording with sound of an interview with a suspect. Police, when doing an interview, should also tape-record it and make sure that if the defendant is under the age of 17, an adult is present.
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