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University Degree: English Legal System
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By reference to case law examples explain the concepts of ratio decedendi and obiter dicta to the doctrine of judicial precedent.
alike but if a judge considers that the facts of a case are sufficiently different from a previous case then he may refuse to follow that decision.2 The difficulty in the search for the ratio becomes acute when more than one judgment is promulgated3. An example is the case of Kay v.
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Considering Lord Bridges statement and other relevant case law discuss whether lower courts should be bound by an erroneous decision of the supreme court until the latter has had the opportunity to correct the mistake when a similar case returns to it.
The House of Lords would now treat its decisions as normally binding but would depart from these when it appeared right to do so. Lord Bridges' declaration is a testament to the Practice Statement, in which he recognises that it is essential for one to avoid precedence if this means using a different method of differentiating and determining an error which may lead to injustice. An example in which the House of Lords used the Practice Statement in which it overruled a decision it made twelve months before was in the Anderton v Ryan (1985)
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The disruption cost airlines around �120 million a day and �110 million in lost revenue. More than 6.8 million passengers were affected. Several legal issues were raised due to the ash cloud. As the ash cloud cost Airlines Millions of pounds it is said that the government may be liable to compensate an airline for loss of business caused as a result of the closure of airspace. British Airways requested financial compensation from the European Union and the British Government for the closure of Airspace, basing its claim on the fact that its test flight through designated no-fly zone revealed that there were no variations in normal operation performance. Another issue that arises from the grounded aircrafts is that of, compensation towards passengers for cancelled flights.
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The legal sources of United Kingdom constitution could be trace back to the Magna Carta 1215, the bills of right 1689 and more recently the Human Rights Act 1998.The legal sources of United Kingdom constitution could be said to more strictly followed compared to the non legal sources. Since in a country where there is an unwritten constitution the courts are not able to question any act of Parliament, in line with Parliamentary Supremacy, thus if there is a conflict between the legal sources and an act of Parliament the act of Parliament prevails.
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Using a jury in more complicating cases, such as fraud cases is a disadvantage. They are twelve strangers who have no legal knowledge or training. Most of the jurors may not understand and therefore their decision that they made may have been for the wrong reasons. One of the most unusual cases was RV Young in 1991. The defendant was charged with the murder of two people. The jury had to stay in a hotel overnight because they had not reached a verdict by the end of the first day of discussion.
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Describe the ways in which individuals are protected when detained, interviewed and searched at the police station
Individuals have the right to consult a solicitor due to section 58 of PACE. In addition, due to section 34 of the Criminal Justice and Public Order Act (CJPO) 1994, the individual has the right of silent and does not have to speak about anything if he does not want to. The defendant due to section 34 of the CJPO mentions something in court that he did not mention while being questioned, he is able to have an excuse for not mentioning any important facts, which he may rely on.
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Adal is being prosecuted for an offence in the criminal courts and sued in the civil courts Explain to Adal where and how he can he can get advice and representation
The service provides areas where Adal will be able to go, to receive free legal aid connected to his civil case. Firstly, he will be able to go to the Citizens Advise Bureau (CAB) free confidential information and advice on any money, legal or consumer problems. Trained advisors will help Adal by making phone calls, writing letters, negotiate with creditors and take cases to tribunals and court. The CAB also offers advisors whom specialise in one specific area to give more, in depth advice.
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Executive is the government part of the divide and is responsible for the day-to-day run of the state. Members of the executive branch are chosen specifically by the Queen, the leader of the executive party in England is Tony Blair. One of the roles of the executive branch is to put the laws, which the Legislative branch makes up into effect. Another function of the executives is to make sure that the country is safe and to maintain a police force and armed forces.
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Candidates are then selected according the process outlined below. One candidate is recommended to the Lord Chancellor for each vacancy. If the Lord Chancellor chooses to reject the selected candidate then he must provide reasons for his decision and he is unable to select an alternative candidate. The selection process consists of four parts, these being application, assessment, selection and recommendation to the Lord Chancellor. 1 Application Most judicial positions are advertised in the press, in legal journals and publications and online as well as by word of mouth.
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to coordinate training. Furthermore, there have been several Acts of Parliament which have affected the delivery of training. Examples of such Acts include The Childrens Act 1989 and The Human Rights Act 1998. Both of these Acts implemented improvements in the training of judges on contemporary social issues and issues relating to children. Some would argue, however, that the reforms have not been bold enough. Areas for consideration by the JSB could include training in fields such as criminology and psychology. These fields are vital in understanding the minds of criminals.
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What are the advantages and disadvantages of having Lay Magistrates as opposed to professional judges?
cases which may decrease the quality of such hearings, and partly also because of the very nature of Lay Magistrates which means that they are not legally qualified and therefore simply cannot follow complex legal arguments in the same way as professional judges. It has been proven, furthermore, that the outcome of similar cases tried in magistrates' courts across the country is inconsistent. For example, one magistrates' court will pass a different sentence on a specific criminal case to another magistrates' court in a different district.
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It was aimed at helping agricultural settlements in England, through a subsidy system of a local poor rate. There were several criticisms and problems with these systems. The Roundsman system often kept wage levels low and discouraged paupers from actually working. The importance of the system has been exaggerated, and the Royal Commission report proved that it was only used in around 5% of the parishes. The Speenhamland system never proved to be popular, as the numbers of the poor rose it became increasingly expensive and parishes were unable to control how much to spend. It had almost entirely disappeared by 1834, by the time of the amendment act.
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With reference to appropriate examples, consider to what extent judges are bound to follow precedent
Overruling is different from reversing. Overruling is where a court in one case corrects the law in an earlier but different case. Reversing is what happen in cases that are being appealed and involves a higher court changing the decision of the lower court in that particular case. In Arthur Hall v. Simon the House of Lords relied on the 1966 Practice Statement to overrule the rule in Rondel v. Worsley that lawyers owed no duty of care for negligent advocacy. The House of Lords believed that the public had different expectations, and that most of the justifications for treating lawyers differently from other professionals had gone as a result of changes in the way litigation is conducted.
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This means that this check is slowly depleting. Another check of the President during the nomination process is just the fact that he gets to nominate them. A president can therefore seek to change the nature of the Court by choosing justices of a certain political or judicial philosophy. Aside from nominations the presidents also checks the Court through criticisms of the court and its rulings through deciding whether to throw his/her weight behind a decision or criticise it openly Congress also has checks over the Supreme Court.
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If it is only the minority who decides what is morally correct, what is morally correct will then tend to benefit only the minority and more people will not be satisfied with the decision made. Also, if a minority of the people is decision makers, the majority might be prejudiced against them and it would be easier to overthrow or beat the system of deciding what is morally correct. In Utilitarianism, only the numbers of people who derive the most pleasure are factors in the morally correct decision, not the status of the people who are making the decision.
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These judges used to be barristers, and so it is not surprising that they call for a large pay packet. The minimum amount to pay for a stipendiary judge per year is around �80,000, which is a huge amount compared to the amount of money the state pays out towards lay magistrates. If professional judges were to be used, then the cost of magistrates would increase a lot. Another factor in weighing up the advantages and disadvantages of replacing lay magistrates with professional magistrates is the idea of time.
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judges There are several levels of judges. All judges are required to be independent from government or political pressures
District Judges (less serious Crown Court cases) Recorders (Part time judges, least serious Crown Court cases) To become a Law Lord you need 2 years judicial office and 15 years rights of audience in the Supreme Court. Will also apply to Scottish or Northern Irish judges. The appointment procedure to become a Law Lord involves the Lord Chancellor recommending Senior Lord Justices or Court of Session judges (Scottish) and Northern Irish judges to the Prime Minister. After consultation with all existing Law Lords and Heads of Division. To become a Lord Justice of Appeal you will again require 10 years rights of audience in the High court.
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It was perectly plain to see he was not lawfully here at all. He was guilty of an offence under ss 4 and 4A� of the 1962 act. He has been refused admission. He will be sent off again. He was never a lawfully resident here. The appeal must be dismissed. 5. Lord Denning Mr.Fenton Atkinson LJ and Sir Gordon Willmber gave an opinion. 6. Adlam v Law society (1968) 1 ALL ER 17, (1968) 1 WLR 6, digest (Cont Vol C) 896, 215a. 7. My opinion is that the Adlam v Law society is followed because it supports that ordinarily resident means 'lawfully'.
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The allocation of different types of cases, normally determinable according to the amounts at stake in the disputes, to different sets of management rules; (3) The encouragement of early settlements and resort to ADR procedures; (4) A greater transparency of legal costs. He thought that if it was possible all small disputes should be solved outside the court room, possibly using mediator to help the parties arguments get less messy, and fairer. This would also save money as a lawyer is not needed, and a mediator only charges on average �2,000.
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Local customs is when a person claims that he/she is entitled to some local right, such as a right of way or a right to use land in a particular way; because this is what has always happened locally. Such customs are an exception to the general law of the land, and will only operate in that particular area. Common law is the system of law that prevails in England and in countries colonized by England. The name is derived from the medieval theory that the law administered by the king's courts represented the common custom of the realm, as opposed to the custom of local jurisdiction that was applied in local or manorial courts.
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At first it was intended that the court of appeal should be the final appeal court but a change in plan lead to the appellate jurisdiction act 1876, under which the house of lords was appointed as the supreme appeal court. The special group of judges called lord justices of appeal were appointed to form the court of appeal in civil cases. The present number is 32 across two divisions. The jurisdiction of this court includes appeals from three divisions * Divisional courts from the county court * From the employment appeal tribunal * From the lands tribunal and transport
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Nevertheless, it has been made clear that the enactment of section 3(1) does involve the addition of an extra dimension to the ordinary methods of interpretation: * R v A (2001) HL: The House of Lords held that section 41 of the Youth and Criminal Justice Act 1999 should be so construed that it is compatible with Article 6(1) of the ECHR even though a literal interpretation would entail that the complainant not be subjected to the rigour of having to reveal their sexual history.
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Dear Congressman La Buy, It has come to my attention that since the introduction of the 'Volstead Act' of 1919 illegal alcohol consumption has increased. I myself was for the introduction of this act. At
It fills me with utter disgust! Every day I hear of a new 'speak easy' being set up. I try to ignore this constant breach of the law, but I think you can agree when I say its difficult to ignore, especially when everywhere I look I see more and more of it. Alcohol has been imported illegally across boarders. People have got into their possession many alcoholic beverages such as rum. They have got this from rumrunners from the West Indies.
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In 1848 gold was discovered in California. By 1849 people (mostly men) arrived in California. People came from all over the world attracted by the gold. Bannack was the major site of gold discovery in 1862
Most buildings are made of a wood frame and log construction, even though these towns were mostly temporary. The problems included racism "coming from all corners of the earth." The clash of culture caused many fights and murders throughout the west at that time. Being that no law and order had been set up because these mining towns were so far away from the central government, there were no railways. This posed a major problem as they would need to transport gold and supplies into and out of the towns.
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