GCSE: Law

Ecomus test 12

• Word count: 384

• Save

Stages of a Bill to become an Act of Parliament

First Reading This is a formal procedure when the name and main aims of the Bill are read out. The in the House of Commons MPs can vote for this is two different ways - Verbally by shouting 'Aye' or 'No' or formally by each member of the House walking through a special chamber. Second Reading This is the most significant process on the entire Bill in which MPs discuss the main principles behind the Bill.

• Word count: 471

• Save

"What are the advantages and disadvantages of electing for a Summary trial as opposed to trail by jury?"

As the magistrates court represents the local community then if the defendant has been accused of committing a crime in his or her local area then the trial would be held in the local magistrate's court and this could lead to embarrassment for the defendant and the defendant being segregated form the local community. Where as if the trial was held at the crown court it would be further from home and the defendant would be less likely that the defendant would be in the public eye.

• Word count: 658

• Save

Discuss the essential differences between Civil and Criminal Law particularly in relation to their aims and objectives.

Both Civil and criminal law has main aims however they differ quite substantially. Criminal law can be seen as a set of rules and regulations which, if broken, will result in a punishment of either loss or liberty or a fine. In a Criminal case an offender is found guilty of a criminal offence, and he/she may be sentenced by the judge. In a Civil case there is no guilty party. The aim of Civil law is not to punish a wrongdoer but to compensate the victim who has suffered by the actions of another person doing wrong.

• Word count: 968

• Save

The doctrine of precedent is based on the need for certainty in the law

A precedent may be distinguished on a point of law; by arguing that the legal question answered by the precedent is not the same as that asked in the instant case. Courts may distinguish a precedent by stating that the precedent has been superseded by more recent decisions, and is therefore outdated. Courts may give the precedent a very narrow ratio decidendi or argue that the precedent has no clear ratio decidendi, for example because the ratio of one judge in a case is different from others in the same case.

• Word count: 756

• Save

THE EFFECTIVENESS OF NATIVE TITLE

The decision of the Mabo case in 1992 resulted in the adoption of the Australian Native Title, which recognises the traditional connection aboriginals have with the land and gives them the right to a say in the development and use of certain sites. There was a great lead up to the establishment of the native title, which began when the Europeans invaded Australia, claiming the land their own through the European law claiming vacant land. Although aboriginals occupied Australia the Europeans claimed the land terra nulius because the people who were there, were considered unhuman and therefore were not actually occupying or living on the land.

• Word count: 761

• Save

Explain the role and effectiveness of the law commission

The advantages of this law commission is that it is a full time body which shows that it is always in operation, it is the main law reform body, they have support staff to assist in research, they have a rotating chair person which shows that they have fresh ideas and brains and they have a clear role (S.3 of the act). The topics that the law commission have to consider are referred to by the Lord Chancellor on behalf of the government.

• Word count: 884

• Save

Explain the theory of natural law

The most famous advocate of the Natural Law ethic was the Christian theologian St Thomas Aquinas. Aquinas developed Aristotle's ideas and argued that the natural purpose of the world is found in God. Humans are free and are capable of choosing to follow the 'natural law' of God, which is understood through reason. He believed the human purpose was, 'to reproduce, to learn, to live harmoniously in society and to worship God'. In this way, Natural law describes not only how things are but also how things ought to be.

• Word count: 856

• Save

There are many influences operating on parliament before and during the legislative process. Explain and evaluate any three of these influences, giving examples of how parliament has been persuaded to introduce legislation.

The other four commissioners are solicitors, barristers or teachers of law. Each of them is appointed by the Lord Chancellor for a term of five years and may serve two terms. The law commission is an advisory body which makes proposals for law reform but they also work on consolidation of statutes and statute law revision. The law commission may select a range of projects after consulting with bodies such as the bar, the law society and academic lawyers and then produce a programme of projects. A new programme is produced every four to five years.

• Word count: 983

• Save

What is judicial precedent?

There are two main principles that are involved in judicial precedent, there are ratio decidendi and the obiter dictum. Ratio decidendi is a principle of law on which the court reaches its decision. The ratio decidendi of a case may be understood as the statement of the law applied in deciding the legal problem raised by the concrete facts of the case. The ratio of a case is binding on lower courts but may not be cited as persuasive authority in later cases.

• Word count: 644

• Save

The aim of this study is to outline the difficulties confronting the court when fitness to plead and insanity defence are contested.

have been committed. Prior to the trial (Pre-trial phase), fitness to plead is usually contested. It is not unusual for a person appearing before the court to be unfit to plead. The jury, by resorting to the trial of facts, determines whether the accused committed the act or not. With regards to the Soham Killings, Huntley's "fitness to plead" was questioned.

• Word count: 333

• Save

History of Witchcraft

Most were male, but a female shaman was acceptable if no man with the necessary gift was available. Across the rest of Europe, among the Greeks, Romans, Germans, and Celts alike, a different system prevailed. Men were regarded as able to learn magic, and to read omens, explain unusual events, and work sorcery. Women, by contrast, were treated as repositories of powerful and primeval natural magic. They were brought in to give advice, as seers or prophets, whenever normal social structures broke down.

• Word count: 477

• Save

Lawyers are extremely important people that represent people and give them legal advice in court. Without these people, it would be extremely hard to have a well organized law system

People in ancient times used people to represent themselves very similarly to lawyers today. A lawyer is a person trained in the law who is authorized to offer legal advice and represents clients in court. Lawyers are one of the highest paid people in the work force. The annual salary for a medium position lawyer ranges from $40,000-$88,280. When a lawyer reaches the top of their firm or when they are well recognized they can easily earn well over one million dollars. Lawyers also have plenty of benefits. Lawyers can get stock options, group insurance, retirement benefits, sick leave, and paid vacations depending on the firm or company they work for.

• Word count: 879

• Save

The relationship between morality and law

* Moral attitudes tend to change overtime for example homosexuality and woman's liberation. In a modern developed society it is difficult to pinpoint a set of moral values shared by all. Some tribal groups are likely to share a moral code however in a society such as our own where individuals defer widely in social status, income, occupation and ethnicity, the members are unlikely to share identical moral values even if they largely agree on some basic points.

• Word count: 487

• Save

Canadian Democracy

The provincial government is responsible for provincial issues such as social services, natural resources and prisons. The Municipal government takes care of issues such as road repairs, garbage collection and snow removal. The process of a party coming to power in Canada is very diplomatic as the leading party is only in power through fair elections with every Canadian citizen over the age of 18 having the right to vote. There are 307 constituencies in Canada, which represent each region of Canada. Each major party has one representative for each constituency, and the member with the most number of votes wins a seat in the House of Commons and becomes a Member of Parliament.

• Word count: 834

• Save

What is the Copyright Act? How does the Copyright Act affect you?

It is illegal to copy peoples work copy DVD'S, songs or artwork. What does it try and do? Copy right try's to copy your work and people will make it as there work and they will say it is their wok instead of yours. For example: if you upload a picture o an website and someone takes it and copies and win the entry of your work that is wrong you should always have proof for your work along with all the files you used to make the picture like paint or photo shot.

• Word count: 428

• Save

Non fatal offences reform essay

Also the word wound means to break all the layers of skin to cause the victim to bleed so a defendant that causes a small cut can be charged with GBH instead of ABH because a wound is classed as GBH. The word inflict should be used instead of cause in respect of GBH, inflict has a less serious meaning than cause which has now been established in R v Burstow. Another criticism of the non fatal offences act is the hierarchy of the non fatal offences according to seriousness.

• Word count: 574

• Save

The floating compass

Get all of your materials 2. Place the beaker on the balance and press "on" or "reset" 3. Put 25ml of water in the beaker and put it back on the balance 4. Make a chart to record the data and then do so. 5. Find the density by dividing mass by volume, however far off from 1.00g/ml it is, is how much of an error the balance can have. 6. Repeat steps three though five for the rest of your liquids.

• Word count: 817

• Save

How do constitutions abroad differ between domestic traditions?

This article is very similar to that of the First Amendment of the United States' Constitution. This amendment states: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. Freedom and basic personal liberties such as these are widely exercised in many worldly constitutions. However, this is not the only shared characteristic that the U.S. Constitution shares with those of the rest of the world.

• Word count: 584

• Save

Death Penalty in US

Using the death penalty as a source of revenge is incorrect in that justice still is not served. Killing one for killing another does not make up for the death of the victim. According to statistics, the majority of those sentenced to death were poor. Court-appointed lawyers were given to the accused since ninety percent were unable to afford a lawyer themselves. Is it unfair that well-off murderers can escape the death penalty for being able to hire a lawyer while the poorer, unable to pay, are executed. Contradictory to what most people think, states with death penalty have higher homicide rates in general than those that do not.

• Word count: 645

• Save

Mens rea

Mens Rea means a guilty mind and refers to the intention element of the crime. Each offence has its own mens rea e.g. the mens res for murder is the 'unlawful killing of a human being with malice aforethought, this means that contrary to common law the defendant must intend to kill or cause grievous bodily harm whilst the mens rea for theft is dishonesty with the intention of permanently depriving as cited in s1 Theft Act 1968.

• Word count: 430

• Save

Strict Liability

Guilt in these cases is established as soon as it is proved that the accused committed the actus reus. Most of the strict liability offences such as Road Traffic Offences are statutory or Regulatory crimes created but statutes and not by common law. They are directed at businesses, whose owners may be prosecuted if they do not take adequate steps to ensure that their business operates properly.

• Word count: 374

• Save

The UK Court System

The Lords have the power to reject any bill that may be passed through the House of Commons. Although under certain Acts certain types of bills may be presented for the Royal Assent without consent of the House of Lords. The Court of Appeal The Court of Appeal is seen as the core of our judicial system within England and Wales. The Court will hear civil cases of the highest form and family justice. When a person feels they have been wrongly convicted or their sentence has been too harsh then they are now capable of being heard at the Court of Appeal, criminal division, where more senior judges, known as Lord Justices of Appeal, will listen to their case.

• Word count: 798

• Save

Duress and Necessity

In HUDSON & TAYLOR [1971] was two young women, one aged 19 and the other 17. They was about to enter court to give evidence in a criminal trial when a gang came up to them and threatened to 'cut them up' if they didn't give false evidence about the current trial, so the to women lied in court and were found out and convicted with perjury. They could not use duress as a defence as they had a sufficient amount of time to report the threat to the police which they did not.

• Word count: 623

• Save