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- Marked by Teachers essays 26
Automatism is generally considered to be a state in which a person has no control over his or her actions.5 star(s)
This approach was recently followed by the Court of Appeal who insisted that automatism is only available where there is a total loss of voluntary control as suggested in Attorney-General's Reference (No 2 of 1992) where D had been put into a trance-like state by the repetitive vision of the long flat road which reduced, but did not eliminate, awareness of what he was doing. This follows the quote above, as there is no suggestion of a knowledge of the defendant's acts.
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This was backed up by Lords Bridge and Oliver. It should be noted though that Lord Bridge first considered that the evidence was inadmissible as hearsay, failing which it was irrelevant. Lord Oliver stated 3 that it becomes relevant only if the existence of facts can be inferred form it. Furthermore, Lord Oliver considered that the evidence would have been both relevant and admissible if the prosecution sought to adduce evidence from a witness to the effect that the appellant had in the past supplied him with a quantity of drugs.
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"Within the present system of precedent in the English legal system, judges have very little discretion in their decision making."4 star(s)
Till today, the reasons for its use are still valid in most cases, thus, the doctrine is regarded as a general rule in the UK. An example of the doctrine of binding precedent can be seen in the case of Shaw v. DPP which relates to conspiracy to corrupt public morals, where the decision was followed by Knuller v. DPP. Although the doctrine of stare decisis seems quite similar to res judicata, which also means 'to stand by past decisions', there is a slight variation.
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The Police and Criminal Evidence Acts 1984-provides an effective balance between the powers of the police and safe guards provided for suspects.3 star(s)
It is essential that if the police are to be given wide-ranging powers to interfere with personal liberty and private property, they should have to exercise these powers under strict controls so that the interference goes no further than the minimum required to satisfy the competing public interest. The individual's personal rights regarding their property and personal freedom must be respected though. The Police and Criminal Evidence Act (PACE 1984) There was a great deal of criticism of the government's legislative proposals.
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Many people might be experiencing huge amounts of pain, be it from an illness or an accident, or are anticipating pain in the later stages of their illness. They might not want to go through this ordeal, and die as a happier person. They may see it unnecessary to go through so much pain and do not wish to rely on painkillers for relief. Fear is another element tied in with this as if a person knows that they have to go through such hardship, and that (if its terminal)
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Fundamentally justice is the protection of rights of individuals. It enables freedom and maintains order and equality within a society. It aims to create fairness and quality to all, throughout society. Achieving Justice: Achieving justice throughout the entire world is a current problem within today's society. For this to happen we would ultimately have to create a Universal Jurisdiction where all countries abide by and enforce legalities accordingly. However due to the fact that at this moment in time not all countries are equal we would first have to create equality between each and every country.
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A statement or interview made to the police is admissible for a person under 18 unless there was a sovereign adult present. All offences are heard in the Children's Court except very serious criminal cases. A child under 16 found guilty of an offence in the Children's Court will not have a criminal conviction recorded against them. The number of young people in custody has significantly increased since December 2007 due to various factors including age, gender, and the types of offences.
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Situation similar to Escola v. Coca-Cola Bottling Co where a bottle with drink fell apart in pursuer's hands. However, simple existence of a chance to examine product is not enough to be held discharged from duty12. More important issue within this subject is whether manufacturer gave the consumer a warning so that some extend of danger can be reasonably expected.13 What is more, in situation when examination has not been performed successfully, defender will still be held liable for the defect on basis of Voli v Inglewood Shire Council 14 where architect of building which happened to collapse, was find guilty of negligence despite of public authority's inspection that failed to detect the flaw.
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The first country recognized to abolish capital punishment for all crimes except treason was Michigan, in 1846, followed by Rhode Island and Wisconsin abolishing capital punishment for all crimes. Despite the fact that the abolishment of capital punishment is increasing within the United States, there were still several states which held on to capital punishment, especially for offenses committed by the slaves. As the Civil War began, opposition to the capital punishment diminished due to the escalating popularity of anti-slavery movement.
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Discuss the persuasive techniques used by Michael Moore in three scenes from his film Bowling for Columbine
The preceding scene is of the Lockheed Martin spokesman: Lockheed Martin is America's largest producer of inter-continental ballistic missiles (ICBM). The conversation between Moore and the spokesman is ironically positioned in front of an ICBM and the spokesman's words undermining America's proclivity for violence especially before the scene at hand is another example of ironic scene sequencing and irony. The actual scene contains many emotive visuals, as it is a newsreel of many atrocities involving America in the previous fifty years.
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Describe the main differences between solicitors and barristers with regard to training and work and discuss the advantages and disadvantages of having a single legal profession
an then they will be called to the bar by their inn of court. Solicitors do not have to go through this process. Solicitors also do not have to go through pupilage, but barristers do. Pupilage lasts for one year and can be done in 2 periods of six months with the same pupil master or after 6 months you can change your pupil master for the next set of six months. Pupilage focuses on the practical training to become a barrister, such as drafting documents, studying under your pupil master, reading their work, practicing writing advices and opinions on points of law and going to court with your pupil master to observe cases.
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Beaumont (1993) identifies three key issues that have increased the potential I importance of the selection decision to organisation. First, demographic trend and charges in the labour market have led to a more diverse workforce, which has placed increasing pressure on the notion of fairness in selection. Second, the desire for a multi - skilled, flexible workforce and an increased emphasis on team working has meant that selection decisions are concerned more with behaviour and attitudes than with matching individuals to immediate job requirements. And third, the emphasis between corporate strategy and people management has led to the notion of strategic selection: that is, a system that links selection processes and outcomes to organisational goals and aims to match the flow of people to emerging business strategies.
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The Crown Court deals with more serious criminal offences trialled by judge and jury. While Lay Magistrates sit in the Magistrates court, juries are sat in the Crown court, the High Court, the County Court and the Coroners' Court. With the High Court being more senior it has twelve members on jury while County Court only having around eight members. When on jury, the people have two responsibilities as a 'duel-role'. Not only do they decide whether the claimant (who claims a right or compensation) has won the case, but also the amount of damages the defendant (the person being sued or accused of)
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In the context of the theoretical proposition on the issue of law and morality, give consideration to euthanasia in the context of discussion in the lectures and readings about law and morality.
long held belief in prolonging life, thus the call, from a number of people, for legalising assisted deaths and suicide and the anti euthanasia response from others. The pro euthanasia argument includes the individual right and choice of those who would like to die, dying with dignity, and the belief that they are only legalising what is considered a normal practise. While the anti euthanasia argument is concerned with the right to life, the deterioration of society's mores and beliefs on the concept of death and creating a path to other immoral activities.
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All of these qualifications are set out by the Juries Act 1974. However, some people still, even with these qualities, appear on a jury. This is because; if you have a criminal record it will depend on how long you may be disqualified to sit on a jury. A lifetime ban may be given due to: * Imprisonment for life, detention for life, or custody for life. * Detention during Her Majesty's pleasure or during the pleasure of the Secretary of State; * Imprisonment/Detention for public protection.
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They have developed a significantly since then and they are now the backbone of the British legal system, dealing with about 98% of cases in the UK. There are some 30,000 (approximately) lay magistrates in the UK that are actively in service aged between 18-65. They must live within 15 miles of the area they are commissioned to and do at least 26 half days a year. They aren't paid for service apart from traveling expenses and meals. They aren't legally trained but they are given training in making impartial and structured decisions.
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One way of doing this is to spend more money on rehabilitating criminals and on crime prevention strategies, rather than imprisoning people, which tends to cost $50000-$73000 every year, per person. By spending more money on crime prevention the Government will have less crimes being made by members of the community, and therefore, less people needing punishment which results in less outrage evolving from society. A common question arising within society is whether or not the law reflects the community's standards and expectations of what the law should be.
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Metafiktion er betegnelsen for den type af sknlitteratur, film og drama, som gr opmrksom p, at det, der fortlles, ikke er virkeligt, men netop noget digtet, noget man forstiller sig. Det fiktive i kunstvrket bliver ikke skjult, men pvise
Emnet kan meget kort beskrives som en slags selvkritisk fort�lling, der tematiserer og problematisere sin egen fiktive status. Termen "metafiktion" forbindes ofte med postmodernismen, men forekommer dog ikke kun i postmodernismen selvom den er meget fremtr�dende der En af de mest omtalte og tydelige tr�k ved metafiktion er kinesisk �ske-systemet, hvor de forskellige fort�llinger skiftevis indlejrer sig i og omslutter andre fort�llinger. At l�se metafiktion bliver s�ledes at l�se flere historier p� samme tid. N�r man taler om kinesisk �ske-systemet, vil der v�re et st�rre fokus p� rammerne og rammebrud. En ramme er det der holder historien sammen, og en bestemt historie foreg�r mellem bestemte karakterer og i en bestemt tid.
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The importance of Oxley lies with the secondary question of the extent of the interest once the constructive tryst is established, and it is in this respect only that Chadwick L.J held it unnecessary for the need of communication between the parties - "referring to the decision of Nourse L.J in Stokes v Anderson, Chadwick L.J held that the court may well have to supply the answer to that secondary question by inference from the parties' subsequent conduct2". Oxley v Hiscock concerned an unmarried couple who had both, although unequally, contributed to the purchase of the property.
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Edgar left 'Hanging Gardens' two months ago after an arguement. Last week, Angelica received a letter from Edgar's solicitor advising her that Edgar intended to sell his freehold property, 'Hanging Gardens', and that she should find alternative accommodation. Angelica is very upset. She has always believed 'hanging Gardens' was joinly owned property. Advise Angelica as to whether she has any legal or equitable interest in the property. Would it make any difference to Angelica's claim to an interest in the property in Land Law if Angelica and Edgar had married in 1998?
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The Rule of Law is a doctrine that, when followed within a State, provides guarantees that all will be subject to the law, that the law will be enacted through democratic means and that the law is morally good." - Discuss
3. In the UK does the Rule of Law make sure that the law is morally good? The first issue stated in the question was that the Rule of Law guarantees that all will be subject to the law. This is an aspect, which most commentators agree on and one such commentator is Dicey1 who argued that no one is above the law, including the state, and that there should be equality before the law, which can be reflected in a number of ways in the UK. One such way is the case of Jeffery Archer who was convicted on two counts of perjury and two counts of perverting the course of justice even though he was a minister.
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Common Law vs. Political Law vs. Scientific LawAmericans are no longer aware that there are two kinds of legal systems, political and scientific.
People consented to the due process of the scientific law to have its protection and justice. If they did not obey the writs and process of the scientific law court, they could be declared "outlaw", outside the protection of the law. An outlaw was on his own. He had spurned the service of scientific law to aid him resolve a dispute. If he were robbed or killed in a dispute, neither he nor his family had any recourse. Thus, self-interest induced people to support and obey the writs and judgments of the scientific law courts. Students are taught today that law and government is virtually the same thing, but this is quite wrong.
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Indictable Offences Indictable offences appear firstly in the Magistrates Court, but are tried in the Crown Court. Indictable offences are generally serious offences. They are punishable by the penalty prescribed by the law; the maximum punishment is life imprisonment. Some indictable offences are; * Murder * Manslaughter * Rape * Blackmail * Aggravated burglary Task Two: The purpose of civil law is to resolve disputes between individuals and/or companies rather than individuals and the state. When there is a breach in civil law, an individual or a company will sue another company or individual. They usually sue for money or compensation.
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Explain how constitutional conventions differ from laws and discuss, with the use of examples, their general purpose and impor
Even though they are not enforced by courts, due to their constant progression adapting to current events, these rules of constitutional behaviour are overlapping law and taking over the practice of political appointments. In the following essay we will explain how constitutional conventions differ from laws and discuss their general purpose and importance. Constitutional conventions are different from laws in their enforcement. The English constitution is composed by two distinct sets of rules. Laws, which are the strict rules enforced by the courts and used by judges as maxims of common law.
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