Should people have a right to privacy?
Beth Lair Extended project – ‘Should people have a right to privacy?’ Privacy, should people have the choice to keep their business private? I am going to interpret the question of ‘should people have a right to privacy’ in a way that will explore a series of different angles. The dictionary definition of the word privacy is ‘the right to be free of unnecessary public scrutiny or to be let alone’ yet the definition for right to privacy is ‘the possible right to be let alone, in absence of some "reasonable" public interest in a person's activities, like those of celebrities or participants in newsworthy events. Invasion of the right to privacy can be the basis for a lawsuit for damages against the person or entity (such as a magazine or television show) violating the right. However, the right to privacy does not extend to prohibiting someone from taking another person's picture on the street’ 1(Law.com accessed 20/09/11 ) It is clear to see therefore that privacy rights are not simple. In England there is no straight forward privacy legislation. The above definition provides the basis for the different alleged violations and claimed rights I need to discuss in my essay. Why is phone hacking illegal but taking a person’s photograph or using their image without their permission is a lot more complicated regarding its legality? Firstly, I will discuss the
Advantages and Disadvantages of Purposive Approach
Discuss the advantages and disadvantages of the purposive approach The purposive approach is probably the broadest approach of all the rules of interpretation. It is certainly more flexible than either the literal rule or the golden rule which tend to concentrate upon the meaning of individual words or phrases. In trying to fulfil parliament’s purpose, it is surely respectful of parliamentary supremacy. It also allows the law to cover more situations and it can even be used when science or technology is unknown when an act was passed . In the Quintavalle case, the court used the approach to decide that word embryo in the HEFA 1990 could mean either a human embryo where fertilisation was complete or an embryo created by a new method that did not require fertilisation and had not been possible in 1990. This is much more forward-looking than the mischief rule which requires courts to look backwards at the gap in the common law before deciding what Parliament intended to do. Accordingly, the approach usually leads to better justice in individual cases and it also allows judges to consider the concerns of government and parliament at the time of passing the act, as well as views of others such as the Law Commission and leading academics, which is surely a good thing. It is the most modern approach and reflects the approach used in Europe, thus encouraging our judges to make
Contract Law, Scenario Assignment
Tutorial 4: Practice Assignment A contract can be defined as a legally binding agreement between two individuals or a group of people. The quintessential elements of a contract are agreement, consideration and intention. An agreement is reached through an offer and then acceptance. Consideration is simple the “value” element whereby, money is paid for goods provided or work carried out. There is also intention which is where the parties involved intend to be legally bound; this may not always be stating rather it may be implied between the respective parties. An offer is a proposal made by an offerror to the offeree which includes specific terms and a promise to hold to that proposal if it is accepted. The proposal made by Brown & Co Ltd to Khan & Co Ltd offering to a sell a quantity of steel for £20,000 resulted in the latter replying with a counter offer. A counter offer is a rejection of the initial offer which is replaced by another offer, normally consisting of a price/service which is preferred by the offeree. There can also be cases where the price remains fixed by both parties and where the disagreement lies within certain conditions or clauses in that contract. However, a compromise must be reached before any sort of agreement can be reached. Acceptance of the counter-offer rather than the original offer will only be considered an agreement. As seen in the
There are three ways on becoming a Barrister which are; through a law degree, non law degree and ILEX route.
There are three ways on becoming a Barrister which are; through a law degree, non law degree and ILEX route. Those with a 2:1 or first law degree then go on to join one of the Inns of Court which are situated near the Royal Courts of Justice in London. The four of them are; Lincoln’s Inn, Inner Temple, Gray’s Inn and Middle Temple. The next stage is the Bar vocational course, which is for 2 years. In addition, skills such as Advocacy, which most of the barristers specialise in, as they work in court, they learn how to prepare a case, interview clients , negotiation, pleading which are pre trial documents and opinions on a particular area of law which have been asked by the solicitor to the barrister to write. They are collectively referred to as the “Bar”. The last stage is to secure a “pupillages” which lasts for 1 year. In this year, six months are spent shadowing the pupil master, the Barrister is called a pupil at this point. In the best six months, the barrister can start to appear in court and can also try out cases. The one disadvantage is that competition for pupillages is fierce. Common professional development also has to be done to continue the knowledge of learning up to date law. Those without a law degree, have to take the common professional education, which is now known as the Graduate Diploma of Law which is for one year. This consists of six
Advice to Jury Members.
By Rickardo Mckenzie JURYS DO’S AND DON’T’S CRITERIA CHECKLIST: DO’S DON’T’S REASONS EVALUATION 1. Base your decisions on facts only. 1. discuss case work outside the courts and be influenced by negativity. 1. Because what is said in the Jury room has to stay in the jury room. . This helps the decision to be fair and non-biased giving resulting in a fair trial. however If information on the case leaves the Jury room it could influence a jury’s ability to make a non-biased decision based on the second hand information the Jury wrongly acquire. 1. Take notes during the trial if necessary to help you remember critical information, unless the judge instructs you otherwise. 1. Try to guess what the judge thinks about the case. Remember the rulings from the bench do not reflect the judge’s personal views. 1. Because as a Jury you are expected to give verdict on your own facts gathered and from what you have witnessed. Jury make the final decision so don’t let your views become influenced by the Judges personal views. 1. Taking notes during the trail allow the juror to go back and check his facts properly rather than relying on knowledge because if the trail is based over weeks or months it could be hard to remember vital information from memory. This is vital as a judge might
Report on hierachy of courts and legal personnel.
The County Court deals with civil disputes such as contract, tort, bankruptcy, property, and divorce. County Court is also allocated a track, there a three different tracks; cases involving less than £5000 are allocated to the small claims track, cases involving between £5000 and £25,000 are transferred to fast track and are generally heard by a circuit judge, cases that are over £25,000 will be allocated to the multi claims track and can go on for weeks as these cases tend to be more complicated. The High Court is split into three divisions, the Family Division deals with personal human matters such as divorce, children, probate and medical treatment. Its decisions are often of great importance only to the parties, but may concern life and death and are perhaps inevitably regarded as controversial. The Chancery Division has jurisdiction over all matters of equity, including trusts, land law, the administration of the estates of lunatics and the guardianship of infants. The Queen's Bench Division has a supervisory jurisdiction over all inferior courts, and its Administrative Court is generally the appropriate legal forum where the validity of official decisions may be challenged. Divisional Court is in relative to the High Court however the divisional courts sit two judges rather than one. The Court of Appeal (Civil Division) hears appeals from County and High Courts.
In this report, the differences between contractual liability and tortuous liability are explained. In addition, nature of liability in tort of negligence is analyzed, including occupier liability, strict liability, health and safety issue
Table of Contents I. INTRODUCTION 3.1. Tortuous liability and contractual liability 3.1.1. UK legal system 3.1.2. Tortuous liability and contractual liability 3.2. Nature of liability of negligence 3.2.1. Legal aspects 3.3. Vicarious liability 3.3.1. General vicarious liability 3.3.2. Employer’s liability 3.3.3. Health and safety issues 3.3.4. Scenario analysis 4. Elements of tort of negligence II. CONCLUTION REFERENCES ________________ Memo To: Mr. Padmanaban Badri Narayanan From: Tran Nguyen Thao Suong Regarding: Report on Business Contract Date: 23th December 2012 Dear Mr. Padmanaban Badri Narayanan, I am Tran Nguyen Thao Suong from class SUD11, University of Sunderland. I wrote this memo to you in order to support you approach my work easily. I have spent times for doing this assignment. During the work, I understand some certain aspects of tort. I have also earned lots of essential knowledge and developed skills relating to the practical application of tort and other issues of liability and negligence relating occupier liability and vicarious that I can apply in real life situations. In addition, I discussed with my friends to sort out problems and come up with solutions. This attempt supports me a lot and enhances my teamwork ability.
Access to Civil Justice in This Age of Austerity
Access to Civil Justice in This Age of Austerity Access to Civil legal aid and the pro-bono services were not originally expected to be as important as it is today to the welfare state. Sixty years on from when it was originally conceived as per the Legal Aid and Advice Act[1], the (LASPO) Act[2], approved by parliament in May 2012[3], will effectively turn the clock back for many members of the public who want to access civil justice. According to government statistics roughly 600,000 people will not be able to access civil legal aid[4]. It must be submitted that these changes will effect: the civil courts and procedures, legal aid services, funding and alternative dispute resolutions. Not to mention the vast criticism against the (LASPO) Act from people in the ‘frontline’ such as: Steve Hynes, Leslie Thomas, Nimrod Ben-Cnaan, Patrick Marples[5]. It must be acknowledged that the statistics supplied by Law centres have presented worrying results, at least 18 out of a possible 52 centres in England and Wales will have no alternative but to close down because 75% of their income comes from legal aid, which will cease to exist. The MoJ has already explained that the £350m[6] of cuts to civil legal aid are not due to come into force until 31 March next year, yet advice centres are already abandoning their services before the deadline. Law centres are there to help
A2 Law Robbery Case Study. Discuss the criminal liability of Dave
Tajinder Singh Ranshi A2 Law – Robbery Discuss the criminal liability of Dave Dave may have committed the offence of a robbery. This comes from Section 8 of the Theft Act 1968. The actus reus for this offence is the ar for a theft and the use or threat of force. We must then consider the 2 conditions before moving on to the mens rea. The mr for robbery is the same mr for a theft as well as the intention to use force to steal. The first stage which we look at is appropriation; this comes from section 3 of the Theft Act 1968. It is defined as assuming the right of the owner. In other words this is taking over one of the rights and using the item as your own. In the case of Pitham and Hehl it didn’t matter that the furniture was not physically removed from the owner’s house, by the defendants selling it they had assumed the owners’ rights. We can further look at Morris we were told that if the defendant proved the assumption of any of the rights, then the owner of the goods can be prosecuted. This case showed us that you don’t need every right. Applying this back to the scenario, Dave assumes the right of possession when she takes the money from the post office. Secondly we look at property; this comes from section 4 of the Theft Act 1968. There are 5 types of property. They are; Personal property, real property, other intangible property, things in action and
A2 Law burglary question. Eddie may have committed the offence of Burglary.
Tajinder Singh Ranshi A2 Law – Burglary Question Discuss The Criminal Liability of Eddie? Eddie may have committed the offence of Burglary. This is an offence under Section 9 of the Theft Act 1968. There are two types of Burglary, there is one under S9 (1) (a) and S9 (1) (b), but it appears the offence Eddie has committed in the scenario comes under S9 (1) (a). The Actus Reus for the offence is that Eddie entered the building or part of the building as a trespasser. The Mens Rea is that he must know he is trespassing or trespassing recklessly and then he must have the intent to steal, inflict gbh or do unlawful damage. The first element of the Actus Reus is entry. The case of Collins told us that the entry had to be effective and substantial. Brown then told us that entry just has to be effective. In the scenario it is clear that there is an effective entry as he climbs into the house through an upstairs window. This meant that he was able to move around freely. This was given to us in the case of Ryan where the defendant was unable to move freely as they were stuck between the openings of a window. We then move onto building/ part of a building. There is no legal definition for a building but the case of B&S v Leathley gave us some clarity. It also showed us how wide the definition of building is. Looking at this case, the freezer unit was classed as a building due
