Critically evaluate the partial defence of Provocation.
Assignment: Critically evaluate the partial defence of Provocation. (25) Partial defenses are only available in homicide cases. They apply in circumstances that, but for the defense, would constitute murder. They result in a lesser conviction, usually for manslaughter. Historically, the rationale for this was to avoid the mandatory sentence for murder (formerly capital punishment, and subsequently life imprisonment) in cases with mitigating circumstances. Provocation is a special defense to a charge of murder under S.3 of the Homicide Act 1957 which allows the jury to consider whether the defendant lost his self-control and killed because he was provoked by 'things done or by things said or by both together'. This covers a wide range of matters such as being teased about a facial scar, racial abuse, being battered by one's partner or even the crying of a baby. If the defence is successful, the charge is reduced to manslaughter. But in order for provocation to be accepted; the defence must establish that the defendant suffered a sudden and temporary loss of self-control and also that the things that provoked him would also have caused a reasonable man to be provoked and do as the defendant did. In DPP v Camplin (1978) the House of Lords ruled that the reasonable person was someone of the same age and sex as the defendant and sharing any characteristics which are relevant
Women and Discrimination under the Law
Women and Discrimination under the Law Women have spent much time struggling for equality; advocating for the right to vote, the right to own property, the right to education, the right to equal employment opportunities and amongst others, the right to legal status. Women have always sought to be relieved of their subordinate position in society and to improve their domestic, economic and political position within it. They have long desired to break out of the so-called 'private sphere' and be able to participate fully and freely within the 'public sphere' of society. In the quest for equality, the law is often seen as a powerful tool, (perhaps the most powerful tool) which can be used to promote women's causes. The law has been used to tackle various issues and various Acts have been passed to reflect this. However, there is some doubt now as to the effectiveness of the law as a means to remove inequality, for many disparities still remain even after legislation has been enacted. It would thus seem that the law is not quite the forceful weapon it is thought to be and some other recourse may be needed. The perfect example of the inadequacy of the law in this respect relates specifically to employment and the ineffectiveness of the anti-discrimination legislation with regard to equality of men and women at work. Despite the fact that women are now able to participate
The rights of cohabitees- time for a change?
The rights of cohabitees- time for a change? Presently in Ireland legislation1 empowers the court to redistribute the property of a married couple on separation. When assessing redistribution the court is entitled to look at a number of factors including 'any contribution made.... by looking after the home or caring for the family'2. The effect of this legislation is that a spouse who is divorced after 20 years working in the family home and bringing up children will have provision on separation. However if the person in question never got married they will get nothing, unless they have made some financial contribution during the relationship. Whilst equity may alleviate some of the injustices arising when cohabitees separate it will not provide a remedy in all situations where fairness requires one. The purpose of this essay is to show that legislative reform is needed3 with respect to cohabitation and that this would not undermine the institution of marriage. I will look at legislation and proposals for reform in other jurisdictions and then suggest a possible model for Irish reform. Inadequacies of Irish law The equitable doctrine of the resulting trust4 was applied to matrimonial property disputes5 in C v C6. Kenny J held that if a wife has made direct financial contributions to the purchase price of a house or its mortgage repayments, then the husband becomes
The Nature of Law in Society
The nature of Law in Society Law is the binding rules of conduct meant to enforce justice and prescribe duty or obligation, and derived largely from custom or formal enactment by a ruler or legislature.These rules were put in place as a means of achieving social order in a wide variety of different spheres. These laws carry with them the power and authority of the en-actor, and associated penalties for failure or refusal to obey. Many people would argue that it pervades a lot of area's of human activity. Law derives its legitimacy ultimately from universally accepted principles such as the essential justness of the rules, or the sovereign power of a parliament to enact them. It's basic purpose would be to provide a frame work of rules within which citizens co-exist in order to keep peace amongst themselves. Law was described by Sir John Salmond as �the body of principles recognised and applied by the state in the administration of justice�. In this day and age the whole fabric of society relies on a reliable system of law, where people who suffer injustice in various forms can obtain remedies. There are some countries that do not have the benefit of a reliable system of law, this in effect has a number of consequences: people are not willing to invest in that economy; crime in various forms proliferates and the country will then suffer an
unit6 end of unit assignment civil litigation
THE NATIONAL ASSOCIATION OF LICENSED PARALEGALS 9, UNITY STREET, BRISTOL, BS1 1PR CIVIL LITIGATION END OF UNIT ASSIGNMENT Name.............................................................................................................. Address........................................................................................................... ....................................................................................................................... ..........................................................Post Code............................................. HIGHER CERTIFICATE CIVIL LITIGATION ASSIGNMENT You have been consulted by Jason Furlong, a Caterer. He tells you that he undertook the catering for Mr John & Mrs. Enid Fry on the occasion of the marriage of their daughter three months ago. He invoiced them in the sum of £6763 which had been agreed by way of written quotation prior to the wedding. and he sent them two reminders, but has still received no payment. He asks you to do all that you can to recover this sum, and if necessary, to pursue a Court Action. a) Draft a letter of claim to be sent to Mr & Mrs. Fry and explain to Jason why you intend to send such a letter. b) Assume that there is no reply to your letter. What action will you take next, describing any documents that you may have to prepare. c) Draft the Particulars of
Assess theeffectiveness of the Law in Achieving Justice for Indigenous People.
Assess the effectiveness of the Law in Achieving Justice for Indigenous People. In relation to Australia, the term 'Indigenous peoples' refers to two distinct cultures of people who inhabited the land prior to European settlement - The Aboriginals and the Torres Strait Islanders. This population declined dramatically over the 19th and early 20th century due to the introduction of new diseases from European settlement, Government policies of dispersal and dispossession, the era of protection, assimilation and integration causing a cultural disruption and disintegration of the Indigenous peoples. In the 20th century the recognition and protection of Indigenous peoples land rights and human rights have been at the forefront of Global Issues where the International community has sought to address the issues and ratify Human Rights and Land Rights for Indigenous People as a legitimate subject to be implemented into international law and the domestic law of member states such as Australia. To evaluate the effectiveness of the law in achieving justice for Indigenous Australians we must look at the Australian Legal System, and the extent to which it addresses it's obligations to International Law in relation to Australia's Indigenous People. In evaluating the Legal System's response to Indigenous People and it's achieving of justice, an outline of the history of Indigenous
"In form, the Human Rights Act (HRA) is compatible with parliamentary sovereignty. In practice, it will reduce such sovereignty to almost nothing." Discuss.
"In form, the Human Rights Act (HRA) is compatible with parliamentary sovereignty. In practice, it will reduce such sovereignty to almost nothing." Discuss. Parliamentary sovereignty is one of the pillars of the UK's unwritten constitution. It is often elucidated by reference to the orthodox Diceyan view which provides that Parliament is the supreme legislative authority in English law. In opposition, other forms of Parliamentary sovereignty have been posited, such as the "common law approach" and "pluralist approach" (Armstrong, 2003). But by far, the most sustained attack on Dicey's views has come with the argument that a Parliament may limit its successors as to "manner and form" (Sir Ivor Jennings, 1959). Despite criticism from Sir Ivor Jennings, among others, Dicey and his analysis of this fundamental constitutional rule have retained a notable influence in public law. Thus, it seems appropriate that his interpretation is applied when examining the effects of the Human Rights Act on Parliamentary sovereignty. Dicey's (1961) legal theory may be distinguished as two halves - the positive limb articulates that "Parliament has the right to make or unmake any law whatever"; while the negative limb asseverates that "no person or body is recognised by the law of England as having a right to override or set aside the legislation of Parliament" (p.3). In essence this legal
"The dichotomy between employee and self-employed is being eroded in employment law, so much so that today it appears meaningless". Discuss.
Question: - "The dichotomy between employee and self-employed is being eroded in employment law, so much so that today it appears meaningless". Discuss. Answer:- T his question requires to analyse the operation of laws governing the classification of employment relationships. Access to employment rights depends to a large extent on whether an individual is employed as an employee. The self-employed and a number of other groups (such as agency workers) tend to find themselves excluded from employment protection law. The answer will reflect how laws relating to the 'status' of employees and the self-employed work in practice, will identify the sources of uncertainty in the application of the legal tests of employment status and will evaluate to what extent the distinction has been eroded and the justification of maintaining the status quo. For a variety of reasons, which will be discussed below, it is important to determine whether a person is employed under a contract of employment. Before discussing the statutory definition of an employee and a self-employed, it will be appropriate to define the terms 'employee' and 'self-employed' generally. The term 'self-employed' means persons who provide services to another party under a contract for services, but are genuinely in business on their own account, in that they are partners in a business or the sole owner of their own
English legal system
At the Royal Courts of Justice on the 21 November 2002 was the case of Stonebridge Housing Action Trust v Gabbindon & anr. It was heard in the Chancery Division of the High Court by Mr Justice Lloyd. It was an appeal against an order to suspend an existing warrant for possession in Willesden County Court by District Judge Sitch. Summary of facts The case involved a tenant of the Stonebridge Housing Action Trust (SHAT went into arrears in 1997, which led to a suspension order being given under the condition that she would make the repayments needed in weekly instalments. Following this, there had been five proven incidents with one further alleged against the respondents.1 A warrant for possession was issued in October 2001 because of the continued arrears, the tenant now being in the position of a tolerated trespasser. This led to the hearing by Judge Sitch in February 2002 in which the respondents' application to remain on the property was successful on the condition that there were to be no more incidents of misconduct on Gabbindon's part and that rent owed be repaid in instalments. Appellant's argument It was submitted by the appellants that the respondents should not have been granted further permission to remain in the property. She was already a tolerated trespasser in breach of a suspension order and therefore at mercy (reference made to Rent Act 1977). The
Describe with the aid of examples, the authorities, representative bodies or persons that exercise some form of authority over the winding up process of a company in each of the type of winding up recognized by the Companies Act 1995.
Describe with the aid of examples, the authorities, representative bodies or persons that exercise some form of authority over the winding up process of a company in each of the type of winding up recognized by the Companies Act 1995. Winding up is a term commonly associated with the ending of a company's existence1. The purpose of a winding up process is "to ensure that before the company's existence ceases, all its affairs are dealt with, which means removing the company from all its legal relationships. Its contracts must be completed, transferred or otherwise brought to an end; it must cease carrying on business; its liabilities must be met as far as possible and lastly the legal proceedings to which it is party must be determined2." On liquidation, the directors of the company lose all powers of management and any transactions undertaken by the company after the commencement of the liquidation are void. The company gives up its business, sells off its assets, pays its debts or if it is insolvent does so to the extent that its funds allow and distributes whatever surplus remains against its shareholders or otherwise as its memorandum and articles of association may provide. The process of winding up is placed in the hands of a liquidator. The different types of winding up 'Compulsory winding up' is a type of winding up done by the Court. The liquidation results
