- Join over 1.2 million students every month
- Accelerate your learning by 29%
- Unlimited access from just £6.99 per month
AS and A Level: Sources of Law
Meet our team of inspirational teachers
Nearly all of the words in the definition have to be interpreted in order to discover their true meaning in practice. There are certain rules which are important for the construction of statutory interpretation. First is the literal rule; here the words of a piece of legislation should be given their ordinary and grammatical meaning. This rule can only be used if the wording in the statute is unambiguous. The court may use the Oxford English Dictionary to discover the usual and literal meaning of a particular word.
- Word count: 1202
"Equity was no more than just a gloss on common law." Critically evaluate this statement and assess the past and present constitutions of equity to the growth of common law.
Equity basically developed because of the problems in common law. Only certain types of cases were recognised. The law was also very technical ; if there was an error in the formalities the person making the claim would lose the case. Another major problem was the fact that the only remedy that the common law courts could give was ' damages' - that is an order that the defendant pay a sum of money to the plaintiff ( now claimant) by way of compensation. In some cases this would not be the best method of putting matters right.
- Word count: 676
The Role of the individual European citizen in enforcing their rights has had a greater impact on the success of the legal order of the European community than any institutional reform or development
To work out which test to use a normality test will be conducted. If probability is less than 5% then the data is not normally distributed. Existing literature will be used to assess the direction of this study. E.g. Miller (1956). Information Sheet- Short Term Memory Capacity and How It Is Affected I am a psychology student conducting my A2 coursework on the above. This experiment requires you to look at a slide which displays certain characters then recall as many characters as possible (if any). Method: You will be given a piece of paper and pen and asked to look at a slide at the screen which will flash a slide in front of you for three seconds then disappear.
- Word count: 1245
Sometimes the literal approach can also result in are clearly unjust decisions. In London & North Eastern Railway Co v Berriman (1946), a widow was denied compensation from the negligence of a railway company that resulted in the death of her husband. The regulations specifically provided for men working near the railway line 'for the purposes of relaying or repairing it'. The court held that as the man was only painting the points, which was maintenance, he was not covered under a literal reading of the regulation. A less rigid approach is the 'golden rule'.
- Word count: 1230
One of the aims of the Human Rights Act 1998 was to create a 'rights culture'. This has begun to challenge traditional power relationships, and has created debate about the scope and the exercise of state powers, and also the sorts of rights that individuals can legitimately expect to be protected. The court hierarchy. The courts are ordered in a hierarchy for the purpose of the doctrine of precedent. There is a general rule that the courts follow. This rule is that a court must follow the decision of another court that is higher or even sometimes of equal status in the hierarchy, but it doesn't have to follow a court that is below it.
- Word count: 1690
The doctrine of precedent comes from the Latin maxim stare decisis or stand by the already decision made. This is used in The English Legal System to bind the lower courts to the higher courts decisions.
Original precedent is when there is no previous case for the Judge to follow and subsequently new law is made. This 'judges making law' is rare, but is essential in the development of the law to modernise it and make it relevant for use. In Airedale NHS v Bland (1993) it was appointed to the House of Lords whether or not to allow the euthanasia of Mr Bland. Subsequently they kept him alive in a coma and stated that it would be in patient's best interests.
- Word count: 1509
The Victoria Climbi� inquiry stated that, "what happened to Victoria involved the apparent escalation of discipline and punishment"2. The need for clear boundaries for physical punishment had to be set. This would then avoid prosecution of parents who give minor smacks to their children and prosecute those parents which break the law. The parents have a large degree of independence in the rearing of their child. Under civil law, section 1 (1) of the Children (Scotland) Act 1995, the parental responsibilities and rights are outlined3. (Norrie, Sutherland and Cleland, Stair Memorial Encyclopedia, Reissue Volume: Child and Family Law 2004, paras.
- Word count: 1765
Over the past thirty years there have been attempts to reduce these barriers and eliminate discrimination through legislation. This has come from both the UK and the EU legislative systems. There are unique circumstances that surround female employees; they are especially evident in their mid twenties to mid thirties. These can be the most problematic time for employers, ensuring the situation is handled correctly within the essence of the law.
- Word count: 468
Jason Furlong in connection with catering work undertaken by him in connection with the marriage occasion of your daughter. We are further instructed that the total agreed cost of the catering came to �6,763. However, our client has not received any of the sum agreed. An Invoice for the balance of �6,763 was sent to you by our Client on the 27th August 2006 despite requests by him for, and promises by you of payment, it has not yet been settled by you. However, you may not be aware that the invoiced amount bears the interest of 8% per annum from the date thereof if not settled within 30 days of receipt.
- Word count: 3596
However, international legal sanctions against this crime are extremely ineffective because they are disgracefully enforced. In the international community, child prostitution is a growing concern, due to the fact that in many developing countries, minors, meaning those under the age of sexual consent, are forced into commercial sexual activity as a means of income. Furthermore, the increasing acceptance of child prostitution on an international scale, due to the scale of poverty, causes the offence to be disregarded. An international legal measure put in place via the United Nations to attempt to prevent child prostitution is the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and pornography, which was enacted in 2002.
- Word count: 2344
Statutory instruments are created by government departments for areas under their responsibility. The Parent Act gives the department?s permission as well as guidance about how the new piece of legislation is to be written and processed. Under Statutory Instruments the Minister for Transport will be able to deal with necessary road traffic regulations and the Health and Safety Executive may use a Statutory Instrument to change safety law; statutory instruments give department?s immense freedom to change the law and as a result 3,000 statutory instruments are brought into force each year. By-laws are created by local authorities to cover matters in their own area, which must be approved by central government.
- Word count: 2968
The appeal routes are described in the sections below. Inferior Courts (a) County courts: established by the county courts act 1846 to operate the chief lower courts for the trial of civil disputes, the county courts deal with the vast majority of civil disputes. The county courts act 1984 governs most proceedings in the county courts, but this was amended by the high court and county court amendment order 1997. The judges who preside over the proceedings in county courts are circuit judges appointed by the crown on the advice of the Lord Chancellor, following selection by the judicial appointments commission.
- Word count: 3429
Delegated legislation may also be used in an emergency, as it enables the government to act quickly. The characteristics of delegated legislation Convenience and the ability to change things quickly are the hallmarks of the various forms of delegated legislation. The principal forms of delegated legislation As regards the forms of subordinate or delegated legislation found in the UK the principle forms are; Orders in council- These are enacted under powers delegated to the Privy Council. Orders in council are used in emergency situations, usually when parliament is not sitting. In 2001 the government issued orders in council empowering highway authorities to close public rights of way to help prevent the spread of foot and mouth disease.
- Word count: 1232
With the European Court of Justice (ECJ) also being the most Supreme Court, European Law therefore also affects the source of judicial precedent. Judicial precedent is making of law by the Judges of a court, which must be followed by Judges in the same, or a lower level of the hierarchy. Law is split into two areas; Civil law which is basically the protection of people's rights, and Criminal law which is the protection of the people themselves. The order of hierarchy is also split into two areas.
- Word count: 1762
Lord Simonds in the case of Midland Silicones Ltd v Scruttons Ltd (1962) said by making decisions in this way judges ensure that' the law is developed by the application of old principles to new circumstances.' When making decisions in cases which change the law in some way judges are bound to strict regulations referred to as 'the doctrine of precedent.' This is where the common law is applied to a case by studying earlier, similar cases. These cases are called 'precedents' or 'authorities.' If the regulation created in precedent can apply to the case that is before a judge then that regulation must be followed, Judges write a statement explaining the reasons they used and why they used them.
- Word count: 1448
The case of Solomon v Solomon is a prime example of how the courts established the principle of the separate legal personality of a company.2 Mr Solomon sold his shoe business to a company under CA1962. He was a shareholder, his wife and also their five children. As part of the sale of the business, Solomon received from the company fully paid shares and also debentures to the value of �10000 which he then assigned to another party (Broderip). The company then went into liquidation.
- Word count: 976
I imagine that the setting would be an investigational one since nothing has been discovered yet. People are going to have to figure out what works and what doesn't. It will be a trial and error process for anyone in this time period. For example, individuals will have to figure out strategies for hunting and determine which approach would be most effective but at the same time require the least effort. The tools they use will also be an important factor in how well they implement these strategies, as some tools will be more helpful than others.
- Word count: 1259
Hierarchy of courts One of the fundamental rules of stare Decisis is that the high courts take priority of the lower courts. Higher courts such as the HOL can tell lower courts what to do. The higher court has more senior and powerful judges sitting in it who can give orders and exert influence. The civil court system is organized with the most powerful court, the European court of justice, at the top and the most junior court, the county court at the bottom.
- Word count: 1005
a) Explain the different methods used by Judges when interpreting the meaning of an act of parliament.
Under narrow application the court may only choose between the possible meanings of a word or phrase. If there is only one meaning then this word must be taken. Under wider application of the golden rule is where the words have only clear meaning. An example of this is Re Sigsworth (1935) this is where a son had murdered his mother, the mother did not make a will so normally her estate would have been inherited by her next of kin, the court write into the act that the son would not be entitled to inherited where they had killed the deceased.
- Word count: 1225
Also legal rules can be changed by performance, but morality changes only gradually if at all. Morals rules are not subject to deliberate creation, abortion or change: legal and other changes may cause changes in public attitude, as in the case of laws legalising homosexuality or prohibiting various forms of discrimination, but nothing can bring about an instant change in morality. Even though Moral rules commonly require considerable sacrifice, and strong social pressure is applied to keep them in place.
- Word count: 869
Yes, the appalling discrimination still continues today. It is like an old foe with new dress that still lies upon our society. Many people still have an irrational hostility towards women, especially when it comes to accepting modern culture and ethics. In my opinion, the only thing that explains why some people are so against the development of women; is their pathetic intimidation by women's high intelligence and well-adapted civilization. I'm going to talk to you about some of the most common areas in which women's rights are discriminated, regardless of what age or culture they are in.
- Word count: 814
This can help BettaValue by improving how they work together as a team and relations between certain people. The Employment Equality (Religion or Belief) Regulations 2003 This allows that the skin colour, religious beliefs or ethnic background it will not determine weather or not they are offered the job. This can help BettaValue as more people would apply for a job at the store giving them a wide range of skills and qualities to choose from and improve the standard of the companies working progress.
- Word count: 902
The law would then be a hindrance and thus, detrimental to the progress of society as a whole2. From a sociological point of view, the law has to take on the role of a 'living instrument' that is capable of recognising the socio-political changes in society and even go to the extent of repealing its older provisions so as to cope with the demands of modern times. This very 'living instrument' principle can be witnessed at its best where the protection of civil liberties is concerned. It was the driving force responsible for most Western democracies preserving their citizen's rights in constitutional documents such as Bills or Charters of Rights.
- Word count: 2385
Without a Bill of Rights, those living in the UK could have their rights infringed by the Government and not be able to do anything much about it. Some say this took place just recently when the 'anti-terrorism' laws were passed and it was made legal for the Government to hold terrorist suspects in jail for 28 days without trial. This, by some, is said to intrude on people's rights as it is the right of the person who is suspected to being a terrorist to either have a trial or to have the same maximum amount of time in prison without one as every other suspected criminal.
- Word count: 1142
For example, M&S will have to make sure to put a sell by/best before date on their food products. They will also have to ensure that no food past its sell by date is being sold as the products are not safe to eat. Customer Protection Act 1987 - The Customer Protection Act governs both the pricing of products and product safety. The way in which prices are presented to customers is controlled by a very detailed code of practice.
- Word count: 1671