Family Law
Law Unit 4 - Family Law Family is the area of law which deals with family issues and domestic-related matters including marriage, cohabitation, divorce, annulment, property settlements, alimony and parental responsibility orders. Marriage is defined as 'the voluntary union for life of one man and one woman to the exclusion of all others.' This definition is from Lord Penzance's; the problem with this definition is a marriage is a contract between two individual which ascribes peculiar rights and duties, concerned. It follows therefore that the parties are subject to the contract laws governing marriages; the intentions of the parties will be paramount. The presumption of marriage is, if a man and woman live together, believe themselves to be married and present themselves as married, there is a rebutted presumption that they are legally married. The formalities required for a valid marriage are set out in the marriage act 1949, while those required for civil partnership are set out in the civil partnership act 2004, as amended by the civil partnership (amendments to registration provision) order 2005. The parties need to be of a certain age to enter the contract; anyone under 16 can't marry, if they are between age of 16 to 18 they can do so only with consent of their parents or guardian or whoever has parental responsibility. If these refuse then consent can be obtained
Evaluate police powers of arrest, detention and search.
Evaluate police powers of arrest, detention and search. Much of the domestic law outlining governmental powers of detention and investigation now derive from a single piece of legislation called the Police and Criminal Evidence Act 1984 (PACE). The Home Secretary at the time, Leon Brittan, described PACE as "a long overdue reform and modernisation of the law governing the investigation of crime. The government's aim has throughout been to ensure that the police have the powers they need to bring offenders to justice, but at the same time to balance those powers with new safeguards to ensure that these powers are used properly, and only where and to the extent that they are necessary."1 PACE deals with a large range of police powers and also includes various police 'codes of practice' specifying how particular powers ought to be used in respect of powers of search without arrest, the treatment and questioning of detained persons, the searching of premises and seizure of property and the tape-recording of interviews with detained persons. The most common power of arrest without a warrant relates to situations in which it is feared that a breach of the peace is occurring or is about to occur: 'A constable has the power to arrest where there is reasonable apprehension of imminent danger of a breach of the peace. There is a breach of the peace whenever harm is actually done
European law
In order to explain and evaluate the role and jurisprudence of the European Court of Justice1 I shall discuss the provisions of the European Community2 Treaty, which clearly provide for individuals to enforce rights derived from European Community law that are limited in their scope. This will be followed by the role of ECJ and how it has developed a number of principles that widen this scope. These are the doctrines of supremacy and direct effect, which are established to give individuals rights to enforce the European Union3 law. On the other hand, criticising the fact that that it restricts individuals rights in respect of challenging their decision. The European Union is a unique partnership in which many countries work closely together for the benefit of their citizens. Currently there are 27 member states of the EU, who have agreed to work collectively on issues such as common interest. The central purpose for the EC is to achieve a deeper economic and political integration, ('The ever closer union'). The EU desires for individuals to rely on the EU law in order to enclose uniformity hence enabling everyone to integrate in a common market. The common market, aims to increase a balanced growth on an economic and social level in respect of each member state. ECJ is one of the official institutions of the Community Treaty and plays a major part in the development
Legal personnel
LEGAL PERSONNEL Describe and Comment on the training and work of barristers and solicitors. In any justice system the key figures that make sure justice is served, include Lawyers, Judges, Magistrates and juries. Unlike in the United States of America, "Lawyers" in the British legal profession are divided into two branches; barristers and solicitors. Both the former and the later specialize in advocacy, and although both jobs are similarly highly demanding in their own right, there is a distinction between the role of a barrister and a solicitor. Prior to the Courts and Legal Services Act 1990 (CLSA) and the Access to Justice Act 1999 (AJA), a barrister was regarded as superior to a solicitor, because only barristers had rights of audience. However this has changed and if a solicitor completes the required training, they as well can exercise rights of audience. When it comes to addressing the process of becoming a solicitor or a barrister, in order to distinguish the training that is required in both fields of practice and understand the roles of both lawyer's, it is better to address the professions with their differing titles, rather than regard them as one. This paper will evaluate the roles and training of both solicitors and barristers, as well as evaluate the profession of a judge, which is regarded as the core of any legal system (Elliot & Quinn, 2009); in regards to
LAW REPORT on Macgregor(TM)s case
Title: LAW REPORT on Macgregor's case The Problem Peter booked a room for a week at MacGregor's Hotel. At the reception desk, where he made the booking, was a notice in the form laid down by the hotel Proprietors Act 1956 limiting the hotel's liability for loss of, or damage to guest's property. Peter asked the receptionist to look after his expensive Olympus camera but she refused saying that there was no room in the hotel safe. On the second night of his stay he invited his friend Beatrice to dinner in the hotel's restaurant. At dinner, without consulting Beatrice, Peter ordered Helford oysters for both of them. The oysters that were served to them in fact came from Whitstable and several of them were bad. Later in the meal Beatrice, already beginning to feel the effects of the oysters, left table in search of a lavatory. On her way there, suddenly overcome by dizziness, she tripped on a piece of torn stair carpet and fell heavily, breaking her arm. The meal was abandoned and Peter returned to his room hungry and bad tempered only to discover that his Olympus camera had been stolen. Being the defence advice MacGregor about his legal liabilities. Introduction This brief advises MacGregor as to the legal liabilities he faces as a consequence of the incidents as detailed above. It is advised that if this matter proceeds to court, which is likely, then Beatrice's
Explain the work & training of barristers & solicitors
Law Essay A) Explain the work & training of barristers & solicitors? In the Western world, where the majority of employment occurs in the service sector, rather than the primary sector as it does in the developing world, there are certain jobs that carry a very high status. Careers such as doctor, accountant and lawyer are to name but a few of these high status jobs and it is lawyers that I am going to be focussing on in this essay. In England, since the 15th century lawyers have been split up into two professions, barristers & solicitors. Solicitors have traditionally been the people who research cases and barristers have traditionally had rights of audiences in court. There are 60,000 solicitors in the U.K. and 6,000 barristers of which 4,000 are currently working in London. Solicitors have traditionally run the business side of the law profession running offices. Solicitors duties can include interviewing witnesses and issuing writs, conveyancing, divorce proceedings, drawing up wills and last testaments, advocates in magistrates courts, commercial contracts, tax, immigration and employment issues. Solicitors may handle a cross-section of work however; there is a trend especially in London, for solicitors to specialise in one type of work. There has also been a recent tendency, for solicitors to form large partnerships,
Storing Scientific Data
How scientific data are stored and recorded in a laboratory? For this particular task I am going to describe the laboratory management information system (LMIS) and how the scientific data are stored and recorded in a laboratory. Starting with LMIS (Laboratory Information Management System) is a general term for computer systems in a laboratory that information on its activities laboratory is available. It is also used to refer to people who manage these systems. (Searchdatacenter, 2009) Laboratory Management Information Systems (LMISs) are used for internal organisation. An LMIS is a combination of hardware and software that collects and reports information for managers. Thus, the design and operation of a LMIS is a key system that can provide value to managers so they can achieve their goals. The goal of a laboratory is to produce results of scientific research refers to body techniques to study phenomenon, to gain new knowledge, or to correct and put together preceding knowledge. To name itself scientific, a method of investigation must be based on the recognisable, empirical and measurable obviousness of collection subject to the specific principles of the reasoning. A scientific method includes/understands the data-gathering by the observation and the experimentation, and the formulation and the test of the assumptions. The new theories emerge sometimes while
BARRISTERS AND SOLICITORS SOLICITORSGoverning body The Law Society Supervises training and discipline of solicitors Represents the profession
BARRISTERS AND SOLICITORS SOLICITORS Governing body · The Law Society · Supervises training and discipline of solicitors · Represents the profession Work · Advocacy in the lower courts (magistrates' court and county court) with limited rights of audience in the Crown Court and High Court · Most solicitors provide general advice and do 'paper work', eg writing letters, drafting contracts and tenancies, conveyancing, wills, divorce petitions · Can form partnerships with other solicitors · Work in ordinary offices all over England and Wales · Approximately 75,000 solicitors Contact · Clients approach solicitor directly · Solicitor decides whether or not to take the case Qualifications and Training · Law degree or any degree and a Diploma in Law (previously, CPE) · Legal Practice Course (one year and approximately £6-7,000) · Training Contract (two years paid at the Law Society minimum: £10,850 outside London; £12,150 in inner London) · Professional Skills Course (twenty days and includes an advocacy module) · Name added to roll of solicitors · 16 hours of Continuing Professional Development per year for three years and 48 hours for each subsequent three year period Promotion to the Judiciary · Possible to all levels since the Courts and Legal Services Act 1990 (prior to this, they could only become circuit judges) Complaints ·
Law and Fault
With reference to decided cases in any area(s) of law with which you are familiar, consider to what extent English law is concerned with the concept of fault in deciding issues of liability or guilt (30) In English civil and criminal law, liability is based on fault. Fault is therefore perhaps one of the most important concepts in law, as without it, it would be impossible for justice to be reached for the state, victim and wrongdoer. Fault determines the way the state will compensate the victim and punish the wrongdoer, and this essay will focus on the latter. The whole aim of criminal law is to punish those who have committed a crime against the state. The sanction imposed considers the sentencing aim and attempts to reflect society's revulsion at the crime. Fault is present if the appropriate actus reus and mens rea can be proved. A person cannot be found guilty unless both elements were present. The actus reus concerns all elements of the offence apart from the defendant's state of mind. This not only includes the prohibited physical act but also any omissions and causation issues. The actus reus must be committed voluntarily, as Professor Hart stated 'the principle that punishment should be restricted to those who have voluntarily broken the law ... is a requirement of justice'. Involuntary actions give way to the general defence of automatism, which concerns
Law and Judicial creativity
'The rules of judicial precedent and statutory interpretation only appear to impose constraints on what judges may do. The truth is that judges can always find ways to develop the law in the directions they desire' Discuss the view quoted above. Include in your answer a comparison between the role of judges and that of Parliament in developing the law. Judicial precedent refers to judge made, or common, law. It operates on the principle of stare decisis, which means 'stand by the decision'. This is to ensure fairness and consistency in the law. Stare decisis is achieved by treating like cases alike and through the hierarchy of the courts, that is that lower courts are bound by the decision of higher courts. Statutory interpretation refers to saying exactly what the language of a statute means. It is up to the judges to apply statutes to current law and find Parliament's intention behind the Act. This is done through one of four approaches. As judges have to follow the principles of judicial precedent and statutory interpretation, it appears that there are constraints on what judges may do. However, several theories suggest otherwise perhaps because of the Practice Statement and the judges' choice of approaches when interpreting statutes. There are many theories of the importance of the judiciary and how judges exercise their power. Blackstone, an 18th century legal
