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University Degree: English Legal System
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In Thorner v- Major, the House of Lords confirmed that a claimant seeking to establish a proprietary estoppel must prove three things:....Critically analyse and evaluate this statement in light of recent developments in the law of proprieta
proprietary estoppel had reached the House of Lords.7 Therefore it was hoped that these cases would give the judiciary a long awaited opportunity to clarify the doctrine. In Cobbe Lord Walker stated that "Equitable estoppel...is not a sort of joker or wild card to be used whenever the court disapproves of the conduct of a litigant who seems to have the law on his side. Flexible though it is, the doctrine must be formulated and applied in a disciplined and principled way."8 The House of Lords appeared determined to address the criticisms and it was hoped that they were about to define and clarify the doctrine, especially the role of unconscionability.
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A factual comparison of the Criminal Justice system of England and Wales with that of the Netherlands, focussing on street crime, structures and policies.
Page 8 - Drug laws. Page 9 - Drug and prostitution laws. Page 10 - Prostitution. List of figures/graphs * Figure 1. Image of De Wallen, Amsterdam. Wikipedia.org, 2009. * Figure 2. Prison rates in various countries. Walmsley, 2002. * Figure 3. The number of recorded crimes involving firearms since. Home Office, 1998 Introduction This report takes an in-depth look into the Criminal Justice System of England and Wales, in comparison to that of a selected European state. The state I have chosen to look at is the Netherlands. I will endeavour to investigate and evaluate the similarities and differences between both systems and their approaches to tackling crime and disorder, focussing on street crime such as drugs and prostitution.
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Critically analyse the effectiveness of lay people and compare and contrast the roles played by the judiciary, lawyers and lay people in the English legal system; making reference to their purposes.
It is however true to say that advocacy is the most important tool of a barrister but it need not be restricted to spoken advocacy and a considerable amount of written documentation will be prepared during their work. The majority of their preparation, when taking a case, will involve undertaking extensive research on a specialist area and then presenting this advice to a solicitor and those instructing them. If, after considering the advice of counsel, it is decided to proceed with litigation it is likely the barrister will also be involved in the drafting of the various documents needed including claim forms, particulars of the claim, and defences and questions between the two parties.
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The general aim is therefore not to remove discretion. Davis further makes the suggestion that discretion should be checked through for example, regulation by superiors, administration appeals and judicial review. On the other hand, Jeffrey Jowell favours the use of rule-based decision making rules. He argues that with rules it is less likely that an administrator will accept a decision supported by improper criteria. He also brings forth the argument that rules will be more exposed to scrutiny by the public, thus rendering the organization more accountable. As further argued by Jowell rules are essential and beneficial; there are benefits such as of similar cases being decided in the same way, the public is also given more of an opportunity to participate in the construction of goals.
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It should be up to the government whether or not to allow terrorists to be detained indefinitely. Discuss
Although these are persuasive views, there are some compelling arguments for detaining terrorist suspects. One being their removal from society would reduce the risk of further harm being committed towards the public, and the extended time limit would allow the government to adequately sift through sensitive pieces of information, in order to determine if they are a threat. It has been said that by allowing the government to exercise such a power and enacting such a law would undermine the rule of law. In particular the proposition that the government should act under law and not abuse their power would be questionable in these circumstances.
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Private Bills are usually promoted by organisations, such as local authorities or private companies. These bills can only change or over-ride the law towards a specific minority rather than the entire country. They can be opposed by people who would be directly affected by the outcome for example. if a company wanted to build a new railway line. Most government bills become Acts of Parliament while very few of the many private Bills pass through. Bills originate in various ways: Party manifestos where a government promises something, such as economic stability or improved schooling, as part of its election campaign and then implements its promise with a bill.
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The appellant based their argument on several issue; firstly, that the common law of England prohibit torture and has done so for over 500 years, evidence obtain by torture should never be admissibly.6 Secondly, Article 15 of the united nations convention Against torture and other cruel, inhuman or degrading treatment or punishment 1987 which provided that each state party was to ensure that "any statement which is established to have been made as a result of torture shall not be invoked as evidence in any proceedings, except a person accused of torture as evidence that the statement was made..
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Following the McPherson report and subsequent Race Relations Amendment Act 2000 there is no need for further legislative initiatives to address issues of race equality. Discuss
This made a formal distinction between British subjects who were citizens of the UK and colonies and commonwealth citizens7. Both of these categories were allowed to enter, settle and work in Britain8. This could be seen as a strategy of using immigrants as a cheap labour force9. However, most of the immigrants at this point were from the Caribbean and of Black decent, which was perceived as a problem as the British felt uncomfortable with their presence10. The reaction of the government was finding ways to reduce immigration11.
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The committee had concluded that serving, as a juror should be the counterpart of citizenship. Hence, qualification for a jury had widened in the Criminal Justice Act 1972 by basing on the right to vote.5 Besides, Section 321 of and Sched. 33 to the Criminal Justice Act 20036 had also widened the pool of eligible jurors, which were considered as ineligible under the Juries Act 1974. The reform had been implemented due to Auld LJ's recommendation, which suggested that a large portion of the community were not serving as juries when juries should be a representation of the whole society.7
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A jury is the place where the bargain is struck. A jury attends in judgment not only upon the accused but also upon the justice and humanity of the law.' It is often says that the members of a jury are essentially judges of fact, but however, the jury's verdict is actually a consideration of a mixture of fact and law. According to Penny Darbyshire, the jury system is the most praised and least theoretical analysis in the criminal justice system.
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On the other hand, the weaknesses of jury would also be discussed. I would point out some recent examples which showed the defects of jury and how an inappropriate juror may cause detriment to the trail. This comes to the criticisms of jury system and appropriate reform would be discussed at the end of this assignment. GENERAL VIEW OF JURY The word "jury" originates in Latin, from "juris", which means law. Jury, in the English Legal System, is a sworn body temporarily assembled, constituted for the purpose of deciding, in the administration of civil and criminal justice, the disputed facts and returning a verdict in the case submitted to them.
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So in effect it can be said that "the "Queen may reign, but it is the Prime Minister and other ministers who rule."3 The Royal Prerogative historically was one of the central features of the realm's governance. It originated at a time when the monarch's personal power was far greater than it is today, when the Crown was not tied down by the restrictions of a constitutional monarchy. Those restrictions were originally attached in 1688 by the Bill of Rights4.
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A person who is serving on a jury is known as a juror, and the head juror is called the foreman or presiding juror. The foreman is often chosen before the trial begins. The role of the foreman is to ask questions on behalf of the jury, facilitate jury discussions, and read the verdict of the jury. Lies at the heart of the British legal system, it is generally accepted that the jury of '12 good men and true'7. The implicit assumption is that the presence of 12 ordinary lay persons, randomly introduced into the trail procedure to be the arbiters of the facts of the case, strengthens the legitimacy of the legal system.
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It is up to the commission when the case is assessed to see if the conviction can be overthrown or a reduced sentence given. If the commissioner judges that the case has been wrongly judged in the first place and something can be done about it then it is sent of for review. In 2005-06 38% of cases were closed at this first stage. Due to a single commissioner making this key decision this stage has been condemned. In order to give an explanation for the method used an candidate could reapply to the commission and a commissioner who was
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2. Provision of Legal Services 2.1. Solicitors So what is a solicitor, and what role(s) do they perform? It is difficult to define a solicitor as such, due to the wide varying nature of their work. In basic terms, the Collins Gem English Dictionary (2004) define a solicitor as a 'lawyer who advises clients and prepares documents and cases'. This definition alone points to the fact a solicitors role includes a lot of administrative work. Slapper and Kelly (2000, p826) take the definition a step further and see a solicitor as 'a lawyer who deals with clients direct and when a particular specialism of litigation is required will engage the services of counsel, that is, a barrister'.
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He judged morality by examining the nature of the actions and the will of the individual, rather than the goals achieved. The main problem for the Kantian view is demonstrating how morality is grounded in reason (i.e. that the categorical imperative is the fundamental principle of rationality and that it is capable of generating substantive moral requirements)5. In an ethics of duty, the ends can, after all, never justify the means. Or, at least they shouldn't. Other examples of deontological theorists include the English philosopher John Locke (1632-1704), and the more modern-day American professor of political philosophy at Harvard University, John Rawls (1921-2002).
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Basically there are only two prevailing legal systems in the world, the Adversarial system and the Inquisitorial system. These systems are also known as Trial systems. Details of these systems are following; Adversarial system: An adversarial system is defined as a system where the role of the court is solely that of an impartial referee between parties.It is up to parties to establish their cases before a court of Law.The adversarial method is one which gives the parties and their lawyers a great deal of control over the way in which facts are collected and presented.2 An adversarial approach is used to investigate and adjudicate guilt or innocence.
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Explain both why the English courts have adopted the purposive approach to statutory interpretation, and illustrate (using decided cases to support your discussion) how this approach may produce results far removed from those which the so-called literal a
The extent to whether this guidance is actually effective and helpful is another matter. However three basic approaches have developed in relation with the extra aids of interpretation. These are the literal, golden, mischief and the recent purposive rule. The literal rule is seen as the most restrictive and dominant in the legal system. It states that judges should look at the words of legislation in order to understand it's meaning. Only in exceptional circumstances should they go beyond it to attempt to find it's meaning.
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The confusion concerning the issue of regulation in cyberspace is due in no small part to the diffusion of state power at the international level. Conversely it's possible that the interdepency of the world economy and the rapidly developing technologies, accompanying these developments facilitate the possibility of regulating cyberspace. The irrelevance of borders and jurisdiction has been accompanied by a newer and more diversified criminal whose behaviour has legally redefined traditional understandings of crime. Outlining the aspects confronting contemporary judicial systems, Rowland (1998 Online)
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The question of whether contingency fees should be introduced into Australia is a valid one, as the benefits of contingency fees can be easily balanced against the disadvantages
The third (and most common in the United States) is the straight percentage fee. This involves a fixed percentage of the compensation, or a sliding percentage (dependant on the amount of damages awarded.) The solicitor in this example is paid nothing if the litigation is not successful, and the percentage compensates for the risk of failure. In this essay, each of the above examples will be broadly referred to as "contingency fees", unless otherwise specified. Arguments For There are many arguments in favour of the adoption of contingency fees in Australia, but these need to be identified and understood in
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There are two major exceptions to the general rule of excluding opinion evidence. Firstly, with regard to non experts. A statement of opinion on any matter not calling for expertise, if made by a witness as a way of conveying relevant facts personally perceived by him, is admissible as evidence of what he perceived,1 for example, the identification or estimated speed of a car. The non-expert is not permitted however, to testify as to the ultimate issue or as to those issues which are within the competence of the trier of fact.
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The judgement in Costa v ENEL 6/64  CMLR 425 seemed to have answered the question of the relationship between EEC law and domestic law - EEC membership required Member states to surrender, or at least lend, some of their sovereignty to the EEC (now the EU). From the ECJ's perspective, it is essential that the main rules of Community law should have direct effect in the legal systems of the Member states (Walt Wilhelm v Bundeskartellant 14/68  ECR 1, para.6)
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Eisinger, Peter K. Dresang, Dennis L. Fowler, Robert Booth Grossman, Joel B. Loomis, Burdett A. Merelman, Richard M. American Politics The People and the Polity 2nd edition 1982 (cited: Eisinger, American Politics) Foner, Eric The new American History Revised and expanded Edition 1st edition 1997 (cited: Foner, New American History) Freedman, Russell In Defense of Liberty The story of America's Bill of Rights 1st edition 2003 (cited: Russell, In Defense of Liberty) Frost, James A. Brown, Ralph Adams Ellis, David M. A History of the United States The Evolution of a Free People 1st edition 1968 (cited: Frost, U.S.
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Human Rights : Analyse the notion of equality. Does equality in the law always bring equality in each circumstance
2 A person making a decision should declare any personal interest they may have in the proceedings 3 A person who makes a decision should be unbiased and act in good faith 4 Proceedings should be conducted so that they are fair to all parties 5 Each party to a proceeding is entitled to hear all that the other side has tot say to the decision maker 6 Each party to a proceeding is entitled to ask questions and contradict the evidence of the opposing party 7 A decision maker should not take into account irrelevant considerations 8 A decision
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In Khairul v. Yesudass,6 Faiza Tamby Chik J held: "the general principle and the general approach in calculating monetary loss in a case such as the present is that an injured person should receive such an amount of money as will put him in the same position as he would have been in if he had not received the injuries ... it is a clear principle that the purpose of damages is to put an injured party to the same position has had the tort not been committed, and recovery of damages is definitely not a mechanism for enriching the injured party."
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