James Bellis Directed Study - Lay Magistrates Lay Magistrates - or Justices of the Peace - Have been an important part of our legal system for hundred of years. They deal with approximately 98% of all criminal cases. a) Describe the selection, Training and role of lay magistrates. b) Discuss the advantages and disadvantages of using lay magistrates in the English legal system. a) Every Year approximately 1500 lay magistrates are appointed, These people are appointed by the lord chancellor apart from in Lancashire where they are appointed by the Chancellor for the Duchy of Lancaster, on behalf of the queen. The Lord Chancellor depends on recommendations by the local advisory committee a method that is criticized often. Because the membership of the committees used to be secret but have been published since 1993, the committees are usually made up of ex-justices of the Peace, the county's lord lieutenant is usually the chairman. Half the members of such committees have to retire every three years; the maximum number on a committee is 12 and must be a mixture of magistrates and non-magistrates. Potential candidates can be recommended by anyone, one can also put ones own name forward to be considered, but names are usually put forward by groups such as political parties, trade unions and chambers of commerce. Committees have also put adverts in newspapers to try and get
Public Law 1 - Assessed Coursework 2004 Over the years the UK constitution has come underscrutiny regarding the doctrine of the separation of powers. This doctrine isseen as being vital for any constitution to run smoothly with no problems. Inorder...
Public Law 1 - Assessed Coursework 2004 Over the years the UK constitution has come under scrutiny regarding the doctrine of the separation of powers. This doctrine is seen as being vital for any constitution to run smoothly with no problems. In order to examine the statement made by Lord Simon I will first look at the definition of Separation of Powers as well as how it relates to the three primary organs of the UK constitution. I shall then go on to look at breaches of the fundamental doctrine and whether the view of Lord Simon can be viewed as being accurate or not. The doctrine of the separation of powers was first put forward by a French political theorist named Charles de Montesquieu in 1748. In his book, 'the spirit of the law' he stated that the liberty of the individual is secure only if the three primary organs of the state; the executive, legislature and the judiciary are distinct and independent in both duty and in persons. This ensures that no one body accumulates excessive and uneven balance of power, which is in violation of the doctrine. Montesquieu also believes that the doctrine would produce institutions that are relatively independent from one another and supports a system of checks and balances. Thus it is fair to acknowledge that the doctrine prescribes the appropriate allocation of powers and the limits of those powers. It is the relationship between
Article analysis (1,275words) The broadsheet newspaper article titled "Muslim Schoolgirls risk careers for their symbolic headscarves", written by Amelia Gentleman reacts to the new law in France prohibiting the wearing of religious symbols. This article highlights the calamity faced by Samia and her sister in having to choose between a symbol of huge significance (the headscarf) and something as equally vital as their careers. The youth of the girls is emphasised as they are just starting secondary school and "They have to choose what to wear for the first day of term this morning". The deictic "This morning" points to how close to the present this is and highlights the immediacy of the issue, which makes it more vivid, appealing to the reader. The addition of the "skull caps, turbans and large crucifixes" appeals to a wide audience and causes the reader to empathise for all suffering at the hands of this ban. The general tone of the article is serious, which is to be expected due to the seriousness of the topic. Primarily, the article is informative and gives a balanced viewpoint, as it's from The Guardian; a balanced, liberal paper more in favour of the "worker". However, the writer appears to sympathise with the Muslim girls, despite the fact that they may be defying the law. This is evident from the title; "Muslim schoolgirls risk careers for their symbolic
Australian High Court The High Court is the highest court in the Australian judicial system. It was established in 1901 by Section 71 of the Constitution. The functions of the High Court are to interpret and apply the law of Australia; to decide cases of special federal significance including challenges to the constitutional validity of laws and to hear appeals, by special leave, from Federal, State and Territory courts. High Court is located in Canberra, where is has its own building within the Parliamentary Triangle. The High Court building houses three courtrooms, Justices' chambers, and the Court's main registry, library, and corporate services facilities. In addition, there are offices of the High Court Registry in Sydney and Melbourne, staffed by officers of the High Court. In Brisbane and Perth registry functions are performed on behalf of the High Court by officers of the Federal Court of Australia, and in Adelaide, Hobart and Darwin they are performed by officers of the Supreme Court of the respective State or Territory. The High Court of Australia is able to deal with cases which come to it on appeal or which begin in the High Court itself. Cases which involve interpretation of the Constitution, or where the Court may be invited to depart from one of its previous decisions, or where the Court considers the principle of law involved to be one of major public
EVOLUTION AND THE SECOND LAW OF THERMODYNAMICS For the past several years there has been an ongoing argument about how humankind and other animals have evolved. One of the most controversial and debated topics is if the theory of evolution contradicts the Second Law of Thermodynamics; and also if the theory of evolution is in fact precise. As well as contrasting the different beliefs of evolution, this paper will look at whether the theory of evolution is in contradiction to the Second Law of Thermodynamics. As there are many arguments and standpoints about this topic, I will discuss both perspectives of the argument and then draw a conclusion based on the information presented. Evolutionists believe that all forms of life on earth today including humans have evolved and developed from single celled creatures and that for about the past 3.4 million years, small single-celled bacteria have developed into creatures with much more complexity. Evolutionists also believe that all the living things on earth today are still evolving into different creatures, meaning that in the distant future, the creatures will have some resemblance to us, but they will have different structures. Charles Darwin, a British scientist during the 19th century had some important backbone beliefs of evolutionists today, including the theory that man evolved from apes. On the other hand,
Natural Law Explain the theory of Natural Law. A basic definition of natural law is that it is the moral code which human beings are naturally inclined towards. We know that there are certain scientific laws which are constant throughout history and throughout the world. (For instance, the law of gravity or the Newton's Law.) This principle is the same for natural law. It can be said that natural law can be discovered by the individual with the use of both observation and reason; we observe people behaving in the same way every time and use our reason to work out answers which people all over the world have also come up with. Reason is needed to discover the purpose that God gave to his people. Christianity supports the theory of natural law strongly and has created much interest from Christian philosophers, such as Thomas Aquinas. Aquinas picked up and developed the idea of natural law from Aristotle, the great Greek philosopher. Aquinas believed that the use of reason by humanity originated from God, therefore implying that faith and reason are needed for a person to live in accordance with natural law; one should not follow God (or any other superior being that one may hold belief in) blindly, but should instead use common sense, reason and natural inclination to live out their lives. It is a healthy balance brought together by Aquinas to create the basis for the main
The Work of the Magistrates Court and Magistrates In the legal system there are many different types of courts. This essay talks about the Magistrates Courts and the Magistrates themselves. The office of magistrate dates back to the 12th century when Richard 1 appointed "keepers of the peace". They have performed judicial functions since the 13th century and the term, justice of the peace was being used as far back as 1361. Magistrates were in charge of the police up until 1839. Paid magistrates have existed since the late 18th century and they have had to be legally qualified since the mid 19th century, when it was decided they must be barristers. Lay magistrates in England and Wales, except in the Duchy of Lancaster, are appointed by the Lord Chancellor on behalf of the Sovereign. Candidates are recommended to the Lord Chancellor for appointment by his local advisory Committees. These consist of magistrates and other local people. The Lord Chancellor will consider a candidate's personal suitability for appointment regardless of ethnic origin, gender, marital status, political affliction, religion or (depending on the physical requirements of the office) disability. Preparation for becoming a magistrate involves induction evenings, training days and visits to prisons and young offenders institutions. It may take two years to be vetted, approved, trained and sworn in but
Legal proceedings are a seminal example of a cultural performance. For this case study I observed Murder trial proceedings at the Supreme Court of New South Wales (Taylor Square) - September 2004
THFI 1002 READING PERFORMANCE LAURA GOODMAN PEFORMANCE ANALYSIS FIELWORK EXERCISE z3100656 DUE THUSDAY 16th SEPTEMBER WEEK 8 Legal proceedings are a seminal example of a cultural performance. For this case study I observed Murder trial proceedings at the Supreme Court of New South Wales (Taylor Square) - September 2004 The performance of a legal proceeding; its content, manner, actors, audience and setting, all reflect certain cultural and societal traditions evident in the practice of age old English tribunals from which the Australian legal system has derived. Yet, from an analysis of these various element one can recognize how this practice reflects the influenced (or lack there of) of many other societal values, religion, gender roles and modernity, on society as a whole. The content of the courtroom performance is based on legal documentation and practice, its roots deeply embedded in precedent and values imbued by the "rule of law". The script of the performance, being the arguments presented by the adversarial bodies and the interaction of the Judge, are carefully comprised and supported by written legal documentation which remains on display for all to see. Folders of evidence and research and secondary materials litter the courtroom and serve the purpose to legitimize oral arguments and intimidate the opposing side. Dialect is formal and formulaic.
In the Constitution of the United States, the Second Amendment stated that every citizens had the right to bear arms.
Second Amendment For the last few thousand years, weapons had scared the world history with hundreds not to say thousands of wars and slaughter of human being. People are to kill or be killed. Weapons are a common element of the modern world. The first weapon dates from the stone age which about 2,000,000 BC. At this time in history, weapons were used to obtain vitals and games. Humans have no slaughtering in between their own race. During the ensuing period humans began shaping stones and bones as weapons to hunt, but only to hunt. By the time we got to the 13th century, knives became a daily necessity due for protections against forest thieves and road robbers. In the 19th century, weapons were used as a tool to win a war. However, the 20th century weapons are now killing machines that are designed to kill, and accompanied to defense. As you can see, evolution brought us in the primary stage of weapons in the modern world. During the American Revolution, large amount of weapons and artillery were used. After the war, the Bill of Right and the 10 Fundamental Amendments were set up for the further expansion of the law. However, one of the Amendments obstructed the balance of citizens' peace by providing freedom to arm themselves. In the Constitution of the United States, the Second Amendment stated that every citizens had the right to bear arms. The law stated as in the very
Law Douglas & Others V Hello! Magazine. Ltd For the first time a Hollywood couple has put a figure on their personal suffering, even though their claim for an invasion of privacy failed in the High Court. Catherine Zeta-Jones and her husband Michael Douglas demanded £100,000 for their hurt feelings when snatched pictures from their wedding appeared in Hello! Magazine. Their demand for £50,000 each is on top of a claim for £500,000 for interference in their commercial rights to pictures of their wedding. Zeta-Jones had told the court: "It's not about the money; it's absolutely not about the money." She added, in a telling aside: "One million pounds is not that much to us." The couple ordered their lawyers to act after a handful of hazy pictures taken by gatecrasher Rupert Thorpe was published in Hello!" The actors had signed a 1 million exclusive deal with rivals OK! for coverage of their wedding at the New York Plaza hotel in November 2000. Zeta-Jones, said she felt "violated" when she found out that Hello! had been first to publish pictures. Her husband, 58, said he felt as if his house had been ransacked and all his belongings thrown into the street. In April Mr. Justice Lindsay rejected their privacy claim but accepted they had suffered distress and ruled the stars could sue for damages because their rights of confidence had been breached. The couple and OK! submitted