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AS and A Level: Sources of Law

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  1. Discuss Harry and Ivans criminal liability for the death of Jayne

    The act must also cause the death. Kennedy (2007) should be looked at to determine if Harrys act caused the death of Jayne. In Kennedy, on appeal to the House of Lords, it was ruled the defendant had not done an unlawful act which cause the death of the victim. This is demonstrated further in Dalby (1982) - the victims act of injecting themselves was an intervening act that broke the chain of causation. Therefore as Jayne injected herself she broke the chain of causation leaving Harry not guilty of unlawful act manslaughter.

    • Word count: 919
  2. Acts of Parliament

    The consultation will run from 14 July 2009 to 13 November 2009. White Papers No current White Bill being considered The Stages That A Bill Go Through Policing and Crime Bill 2008-09 * This type of Bill is a Government Bill and was introduced by Jacqui Smith of the Home Office. * Changes; o Improves police accountability and effectiveness o Creates a new offence of paying for sex with someone who is controlled for gain and introduces new powers to close brothels o Modifies the law on soliciting o Tightens up the regulation of lap-dancing clubs by reclassifying them as 'sex establishments' rather than 'entertainment' venues o Amends police powers to deal

    • Word count: 578
  3. Critically evaluate the partial defence of Provocation.

    It was emphasized by the court of Appeal in R v Baille (1995) that these issues are to be decided by the jury. So the question of provocation should usually be left to the jury rather than the judge deciding that as a matter of law provocation did not exist. In that case the defendant had shot and killed a man who sold drugs to his three sons. He opposed their drug use and had been thrown into a rage when he heard that the drug dealer had put pressure on one of his sons to buy more drugs than his son wanted.

    • Word count: 3685
  4. In relation to murder, consider what critisicms may be made on the current law.

    And what if the defendant whose main intention was not even to cause serious bodily harm? A case showing this is Hancock and Shankland who said their only motive was to block the road , they did not intend serious bodily harm let alone death. They were both convicted of murder although this verdict was changed to manslaughter after appeal. It is the foresight of consequences that causes the most problems and concern. This is an area which subsequent cases have done little to clarify. Over the years it has been suggested that the criminal law should be codified.

    • Word count: 1210
  5. Woburn Case

    MIT studies have lately exposed chromium and arsenic existence in sediments and banks inclosing the Aberjona River, contaminants totally separate and unrelated to the ongoing actions of Grace and Beatrice Corp. Wells G and H have been further tested, and revelations are shocking. Deadly contaminants in great amounts such as magnesium, iron, TCE, arsenate, chromium, and bacteria have been discovered in these sources. EPA has uncovered arsenic in 1100 ppm in these well waters while it is outright known that more than .05 ppm in drinking water is enough to kill five adults.

    • Word count: 817
  6. AS LAW - Judicial Precedent

    Donaghue v Stephenson (1932) snail in a bottle case - negligence. As there are no past cases for the judge to base his decision on, he is likely to look at cases that are closest in principal and he may decide to use similar reasoning. This way of arriving at a judgement is known as 'reasoning by analogy' see handout 61. Binding Precedent. This is a precedent from an earlier case, which must be followed even if the judge in the later case does not agree with the legal reasoning.

    • Word count: 3064
  7. Common Law and Equity Essay

    There are two main types of Customs: Local Customs and General Customs. Local customs is when a person claims to have some sort of a local right as they believe that right has always been accepted locally and they are claiming the right is local custom. Judges developed tests to decide whether to uphold such customs. One of the tests were that `the custom must have existed since time immemorial`. It was very unusual for a new custom to be considered by the judges, but there have been some case such as Egerton v Harding (1974)

    • Word count: 1613
  8. Law and morality

    Examples of morally wrong behaviour are: * Adultery - although it is considered by the most of society to be morally wrong. Adultery is not illegal by British law. Although, it is illegal in many places, including various states in America. * Abortion - again, this, in wide-spread society is considered morally wrong but under strict guidelines and as long as the guidelines are followed it is not illegal to terminate the baby. Examples of legally wrong acts are: * Parking offences - these aren't considered morally wrong as in no way anybody is hurt physically or mentally.

    • Word count: 543
  9. Lay Participation,undesirable?

    Lord Denning described jury service as giving 'ordinary fold their finest lesson in citizenship'. The jury then adds certainty to the law, since it gives a general verdict which cannot give rise to misinterpretation. In a criminal case the jury simply states that the accused is guilty or not guilty, and gives no reasons. Consequently, the decision is not open to dispute. Secrecy ensures freedom of discussion in the jury room; protects jurors from outside influences and prevents reluctance to sit on juries.

    • Word count: 2043
  10. Equity and Common Law remedies

    Such a system would mean justice is served in all scenarios but would present many difficulties in navigating it for the relevant laws. Thus, the concepts of different remedies awarded based not just on monetary compensation but also based on the courts ordering parties to perform certain actions that would be justified in the eyes of the law. Whereas remedies of common law are often in the form of monetary compensation, remedies of equity law result in the courts awarding court orders to the relevant parties.

    • Word count: 710
  11. Parliamentary Law Making

    The House of Lords can only delay the implementation of most bills therefore it cannot change this fact however they do have a lot of input into the amendments of the bill. The Criminal Justice Act 2003 and the Courts Act 2003 both originated as Government Bills. Private Members bill are public bill that are brought forward by a private member, or someone who is not in the cabinet. A good example of a recent bill is the Christmas Day (Trading)

    • Word count: 1538
  12. Parliamentary Sovereignty

    The Doctrine is the reason why Parliament cannot create a law that will conflict with one that may restrict future law making, therefore allowing more freedom with law making and ensuring that no Parliament will be superior to another one. As Parliament is supreme no judge can challenge or amend Parliament law. There is one major limitation on Parliamentary supremacy, which is the European Court of Justice. On January 1st 1973 the UK joined the European Community as effected by the European Communities Act 1972.

    • Word count: 640
  13. Changes to the Canadian Charter

    This new charter was not only more clear in describing the guarentee of rights, but also how to enforce them. ______________________________________________________________ To the members of the Canadian Parliament: Dear Madame or Sir, It is my honor to be selected with many other law students from the Vancouver School Board to take part in creating a proposal of change to the Canadian Charter of Rights and Freedoms. I also agree that because of many rapidly changing views and various ways of thinking in our society today, changes also need to be made to the Charter of Rights to keep in not only up to date, but consistent with the opinions of today's society.

    • Word count: 1816
  14. It is not correct to say that the United Kingdom does not have a constitution

    Constitution concerns the struggle between opposition parties to govern us, how our rulers are chosen and removed. It also protects the individual rights against the abuse of power. It can be argued that in many countries constitution has its higher status in law than other rules of law. Tully has given a legally oriented definition of constitution that it has a special status : 'the cluster of "supreme" or "essential" principles , rules and procedures to which other laws, institutions and governing authorities within the association are subject' (alder,p.7). As stated before constitution can impose different limitations on government activities.

    • Word count: 1189
  15. Statutory Interpretation

    This is considered as intrinsic aids to interpretation. Therefore, high street is undoubtedly a public place. In the purpose of indentifying the meaning of 'stockings' judge can look into dictionaries which is considered as extrinsic aids to interpretation. However, If judge consider R v Judge of the City of London Court (1892) then judge should reached on the decision that if words are clear, they must be applied even though intention of legislator may have been different and result harsh and undesirable(Barak). According to this, judge could reached on this decision that Beatrice has committed an offence.

    • Word count: 1000
  16. Free essay

    There was never a more sterile controversy that that upon the question whether a judge makes law. Of course he does(TM). Lord Radcliffe, Not in Feather Beds (Hamish Hamilton, London, 1968) 216

    According to Declaratory theory judges role is merely declaring the existing law. Moreover, Blackstone in eighteenth century argued that 'the decisions of courts of justice are the evidence of what is common law'(Zander,2004). Moreover, Sir Matthew Hale stated that the decision of courts can not make law so called for that only parliament and king can do(socserv.mcmaster.ca). In Willis v Baddeley [1892] 2 QB 324, Lord Esher stated: "There is no such thing as judge-made law, for the judges do not make the law, though they frequently have to apply existing law to circumstances as to which it has not previously been authoritatively laid down that such law is applicable."

    • Word count: 1254
  17. Types of Bills

    Public Bills The following stages take place in both Houses: * First reading (formal introduction of the Bill without debate) * Second reading (general debate) * Committee stage (detailed examination, debate and amendments. In the House of Commons this stage takes place in a Public Bill Committee.) * Report stage (opportunity for further amendments) * Third reading (final chance for debate; amendments are possible in the Lords) When a Bill has passed through both Houses it is returned to the first House (where it started)

    • Word count: 800
  18. Judicial Creativity

    However, when a case arrives before a judge and where a literal interpretation would result in injustice, the judge must utilise a different rule of interpretation such as the Golden Rule (R v. Allen) or the Mischief Rule (Smith v. Hughes), this allows a degree of creativity in the application of the law. The Golden Rule allows the judge to depart from the original meaning of the Act in order to avoid an unjust result. Adler v. George saw "in the vicinity of" come also to mean inside of as well as in the environs of.

    • Word count: 1263
  19. Law and Justice

    Distributive justice aims to achieve proportionality, not equal shares, and corrective justice should correct unfairness is by imposing penalties to confiscate ill gains, and by compensating for damage. Aristotle's theories stated law to be a derivative of nature. St Thomas Aquinas proposed a contrasting viewpoint, whereby law is derived from religion. He believed that a law which was contrary to human good, in application or result, was not true law. However, he agreed that such laws ought to be followed if social anarchy was the alternative.

    • Word count: 2105
  20. Statutory interpretation

    It is thus the responsibility of the court to interpret statutes and other legislations. Traditional English thinkers in the 19th and 20th century were in favor of the literalist approach. The literalist approach involves the courts maintaining a word's literal meaning regardless of the consequent absurd outcome. This approach was preferred as it respects and upholds parliamentary supremacy. It also assumes that anyone who can read English can determine the law, which promotes certainty and therefore reduces litigation as lawyers can advise their clients on the probable outcome of the case. However, it fails to recognize that English language is ambiguous and has therefore resulted in many harsh decisions leaving many worthy claimants with injustice.

    • Word count: 878
  21. How much power does the Supreme court really have?

    In the 1830s the Cherokee Indians used the U.S. Legal system to assert their treaty rights and seek protection from the encroachment of the Georgia state government. In Cherokee nation v. Georgia, and Worcester v. Georgia, the U.S. Supreme Court wrestled with the issue of Indian tribal sovereignty. In Cherokee nation, the Cherokee contended that they were a foreign state and therefore could sue the state of Georgia in Federal Court under diversity jurisdiction. Chief Justice John Marshall ruled that Federal Courts had no jurisdiction over such a case because Indian tribes were merely "domestic dependent nations" existing "in a state of pupilage.

    • Word count: 587
  22. Explain the development of Equity.

    Whenever a new problem of law came to be decided, the decision followed suit of previous cases, making the law more predictable. However, this 'fair system' soon became rigid and fixed and a civil action could only be started by the way of a claim, explaining why and on what legal basis the person was being sued. The main problem with this was that the claim had to be made to fit an existing claim and by the 13th century no new claims were issued and so if the circumstances of your case did not fit an existing claim you were not able to pursue your case.

    • Word count: 1661
  23. Judicial Precedent

    All parts of the judgement that do not form the ratio decidendi of the case are called obiter dicta, which is Latin for 'things said by the way', and is often discussions of hypothetical decisions. None of the obiter dicta forms case law, though judges in later cases may be influenced by it, it is said to be a persuasive precedent. In deciding a case, a judge must follow the decision that has been made by a higher court in a case with similar facts.

    • Word count: 1586

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