GCSE: Law
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- Marked by Teachers essays 26
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Automatism is generally considered to be a state in which a person has no control over his or her actions.
5 star(s)This approach was recently followed by the Court of Appeal who insisted that automatism is only available where there is a total loss of voluntary control as suggested in Attorney-General's Reference (No 2 of 1992) where D had been put into a trance-like state by the repetitive vision of the long flat road which reduced, but did not eliminate, awareness of what he was doing. This follows the quote above, as there is no suggestion of a knowledge of the defendant's acts.
- Word count: 2237
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Magistrates - Explain the role that magistrates play in the criminal justice system
5 star(s)All summary cases are heard by magistrates. A triable either way case can be heard in a magistrate's court or in the crown court if the offence is deemed too serious. A magistrate will conduct what is known as mode of trial hearings for either way cases, which is where they decide whether the case will be heard by magistrates or by judge and jury. If the offence is considered serious enough to require a harsher sentence than 6 months prison/�5000 fine, then it will be heard in the crown court.
- Word count: 1305
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Law of Evidence - R v Kearley
5 star(s)This was backed up by Lords Bridge and Oliver. It should be noted though that Lord Bridge first considered that the evidence was inadmissible as hearsay, failing which it was irrelevant. Lord Oliver stated 3 that it becomes relevant only if the existence of facts can be inferred form it. Furthermore, Lord Oliver considered that the evidence would have been both relevant and admissible if the prosecution sought to adduce evidence from a witness to the effect that the appellant had in the past supplied him with a quantity of drugs.
- Word count: 2706
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Stages of a Bill to become an Act of Parliament
4 star(s)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
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Describe the powers the Police have to stop and search and arrest individuals
4 star(s)If people have difficulty understanding English, or if they are deaf, then the police have to take reasonable steps to ensure that they understand their rights. A 'stop' is when a Police officer stops an individual and asks them to account for themselves. That is, if they ask the individual to tell them: what they are doing, why they are in an area, where they are going, or what they are carrying. Due to the Stephen Lawrence Report where the Police were said to be 'institutionally r****t', the officer must fill in a form saying why they were stopped and the individual must be given a copy (Police and Criminal Evidence Act 1984- PACE, Section 3).
- Word count: 1261
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Distinguish Criminal law from Civil law in the English Legal System. Outline the jurisdiction and composition of the courts of trial dealing with these two different types of cases.
4 star(s)Criminal and civil cases are dealt with in different courts of trial. There are two courts for criminal cases, the magistrate's court and the crown court. In a magistrates court lay magistrates hear most cases normally in groups of three. Lay magistrates are part time, unpaid and do not need a legal qualification, however they are assisted by a legally qualified clerk who may advise if requested. Some, but very few cases may be heard by District |Judges. District judges are legally qualified, full time and paid, they sit alone and hear the longer and more difficult cases.
- Word count: 1692
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Law - Resulting trusts
4 star(s)He continued saying that 'It is important to stress that this is only a presumption, which presumption is easy easily rebutted either by the counter presumption of advancement or by direct evidence of A's intention to make an outright transfer.' This approach means that a resulting trust will only be recognised where the transferor of property can be considered to have intended that the property would be held on trust for him, on the occurrence of certain events3. The intention (of a transferor)
- Word count: 8003
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Police powers
4 star(s)Section 24 of PACE allows the police to arrest someone if they are in the act of committing, or have committed, an arrestable offence or if they have reasonable grounds for suspecting that person to be committing, or have committed, an arrestable offence. Besides the private citizen having some of these rights of arrest as well, the police have an additional power to arrest someone who is about to, or is suspected of being about to, commit an arrestable offence.
- Word count: 3561
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"Within the present system of precedent in the English legal system, judges have very little discretion in their decision making."
4 star(s)Till today, the reasons for its use are still valid in most cases, thus, the doctrine is regarded as a general rule in the UK. An example of the doctrine of binding precedent can be seen in the case of Shaw v. DPP which relates to conspiracy to corrupt public morals, where the decision was followed by Knuller v. DPP. Although the doctrine of stare decisis seems quite similar to res judicata, which also means 'to stand by past decisions', there is a slight variation.
- Word count: 2283
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"What are the advantages and disadvantages of electing for a Summary trial as opposed to trail by jury?"
4 star(s)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
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In order to decide whether or not trial by jury should or should not be abolished, we need to know what it is that we are dealing with and what viable alternative or alternatives there are to it.
4 star(s)The Summary Jurisdiction Act 1879 listed for the first time those offences triable in the Magistrates courts. The act also set out for the first time a general right to claim trial by jury when the maximum sentence for an offence exceeded three months imprisonment. (From the above we can see that it is not just modern governments that have been interested in reform of the jury system) Over the course of time the list of summary offences has grown and a new tier of offence, offences triable either way was created.
- Word count: 3457
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Discuss the essential differences between Civil and Criminal Law particularly in relation to their aims and objectives.
4 star(s)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
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