The doctrine of precedent is based on the need for certainty in the law
The doctrine of precedent is based on the need for certainty in the law. It means that lawyers can properly advise their clients on the basis that like cases will be treated alike, rather than judges making their own random decisions which nobody could predict. This helps people plan their affairs. According to Lord Denning, 'It is the foundation of our system of case law'. However, Denning was 'against is its too rigid application - a rigidity which insists that a bad precedent must necessarily be followed'. It is the doctrine's rigidity that can prevent developments to meet the changing needs of society. However, this was recognised in the House of Lords 1996 Practice Statement. In addition, judges in the lower courts are adept at avoiding the doctrine's rigidity. A judge may distinguish the awkward precedent on its facts - arguing that the facts of the case under consideration are different in some important way from those of the previous case and therefore the rule does not apply. 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 Courts may distinguish a precedent by stating that the precedent has been superseded by more recent decisions, and is therefore outdated.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
This assignment focuses on how a jury is selected and its role in a criminal trial. The advantages and disadvantages of using a jury to decide the outcome of a criminal case will also be considered.
This assignment focuses on how a jury is selected and its role in a criminal trial. The advantages and disadvantages of using a jury to decide the outcome of a criminal case will also be considered. A Jury is chosen at random, by a computer using names on the electoral roll. The jury is made up of 12 people from all walks of life who have no legal qualifications, jurors play a vital part in the legal system. To qualify for jury service you must be between the ages of 18-70 years old, though if you are between the ages of 65-70 years old then you can refuse. Potential jurors must also have been resident for 5 years in the UK by the time they reach 18 years of age. Certain people are exempt from having to do jury service and these include: Doctors, Members of Parliament, Police, Barristers, Solicitors, Priests, Vicars, Member's of the Armed Forces and people who are mentally ill. If you have done jury service within the last 2 years then you are also exempt. Jury service normally lasts for about 10 days and loss of earnings will be paid up to a maximum of £52.63 for the first 10 days and a maximum of £105.28 for subsequent days. In the past the jury used to be made up of people who had witnessed the actual crime or people who knew the victim of the crime, this is not the case today as the jury are now chosen at random so as to get a fair cross-section of society who are
Analytical essay on Primo Levi's 'If This Is a Man' - Analysis of the beginning of the ninth chapter "The Saved and the Drowned", pages 102-104.
Irina Akentjeva Analytical essay on Primo Levi's 'If This Is a Man' Analysis of the beginning of the ninth chapter "The Saved and the Drowned", pages 102-104 Primo Levi's book 'If This Is a Man' is a novel about a German concentration camp, one among many novels on the same subject. However, this book is exceptional as Levi never 'raises his voice, complains, or attributes blame'.1 'If This Is a Man' is an objective story told in a detached tone using scientific language, which sometimes makes this book not a confession but an analysis. Nevertheless, distant tone and unemotional language bring the horrifying message across with even greater impact on readers. The saddest, the most powerful, and the most ironic chapter of the book is the central ninth chapter, called 'The Drowned and the Saved'. Here the author's talent as well as his training as chemist comes through in unique manner. Instead of telling the story, Levi analyses the reasons, the methods, and the effects of German concentration camps. The result is more like an essay or even lab report rather than a part of a novel. The diction of the chapter is sharply contrasted with its content, emphasizing the terrifying events described. Already the first sentence of the chapter ("What we have so far said and will say concerns the ambiguous life of the Lager." P. 102) reveals a lot. This sentence is the first step in
Citizenship Activity
GCSE Citizenship Studies 3280 (Short Course) 3280/02: Participating in Society, Internal Assessment Front Sheet Centre Name Centre Number Candidate Name Charlotte Louise Day Candidate Number This form is designed for electronic completion and where necessary boxes will expand as you type. Once fully completed, this form must be printed for submission and both teacher and candidate authentication statements signed by hand. Please ensure that all pages are fastened securely prior to submission. Description of Citizenship Activity Describe how you participated in a school or community based activity. The activity was (please select as appropriate): a. Describe the activity For our coursework, we decided to teach a year 7 group of pupils about crime and safety. We handed out leaflets, created posters, taught a lesson and had more of a fun based activity at the end as it was linked with our topic and made the lesson more enjoyable for the pupils. We thought our topic was suitable as younger children need to understand all the dangers around us and need to know how to keep safe. b. Describe your role My role of the project was to take part in a team and display confidence. Also I created the posters, leaflets and certificates and also the plan and script for the lesson. I contributed as much as I could to the tasks set. My role was mainly to act as the leader. I
The Purpose of Law Essay
What is the purpose of law? The subject of law is a very interesting and complicated one and many questions have arisen regarding it; The most common being what exactly the purpose is; What is the law there to do? A lot of people have different opinions and views regarding the purpose of law, its philosophy and its relevancy. In order to better answer the topic question I must go back to the original history of law and how it first started and then I might be better able to answer it. The formal system of law originated over 800 years ago as a way to settle disputes over feuding citizens and lords in addition to formally and bureaucratically trialling accused felons of their crimes and punish them effectively. This ancient courts included the modern day equivalent of judges called 'wandering justices', the wandering justices in order to fulfil their physical and bureaucratic duties go to various places of dispute; resolve the dispute then they make a record of the cases and the decisions that arise from it on paper, this was the first method of case law and was by far the most common way of jurisprudence hence the title 'common law'. This is the first instance of law although there have been a similar system of punishment around different ancient cultures and religions, most notoriously being the ancient roman custom of stoning and crucifixion. This system of punishment
Part-time judges in the Magistrates Court.
There are about over 30,000 sitting as part-time judges in the Magistrates Court. They sit to hear cases as a bench of two or three, while a single magistrate could issue search warrants and arrest warrants. There are also District Judges (formerly Stipendiary Magistrates) who are qualified lawyers and sit on their own to deal with the cases. The history of magistrates goes back to the 12th Century and they have been a very important part of the criminal justice system. The important things to remember is that magistrates are lay people i.e. the majority are legally unqualified, must be between the ages of 18 and 65 and generally be of good character and judgement. Lay magistrates do not have to have any qualifications in law. There are however, some requirements as to their character, in that they must be suitable in character, integrity & understanding for the work they have to perform. Lay magistrates must live within the commission area of the court or within fifteen miles of the boundary of that area. They will have to give a commitment that they will sit in a court a minimum of 26 times per year and that they will do the necessary training. Approximately, 500 new magistrates are appointed each year. People in the community who want to become lay magistrates can also reply to advertisements or otherwise be selected after a recommendation because of their contribution to
The history of Equity.
Equity. In 1066 when William the conqueror came to England the law was very different from today. Itinerant judges who would travel around the country settling any disputes administrated it. They started out using local laws and applying these to cases before them. However, the Normans were keen to develop a law which they could apply to the whole country, a law which would be common to every one. So they gathered what was considered to be the best of different local laws and developed a common law. Soon though many problems were found with common law. It soon became too ridged. Two of the main problems with common law were, that it didn't offer sufficient remedies and, a civil action could only be taken by use of a "writ." A writ was used to set out the cause of the action and the grounds for the claim. The writ became a problem because it had to be made to fit and existing writ. To start with a new writ was created when a suitable previous case could not be found however, it was soon stopped and no new writs could be issued. This meant that some cases were unable to be pursued, as an existing writ that suited the case could not be found. This made many people unhappy with the common law system. The other main reason people were unhappy with the common law system is that insufficient remedies were offered in some cases. The only remedy available was damages, this meant
Explain how the narrow rule stated in Donoghue v Stevenson has been developed.
Under the 'narrow rule' established in Donoghue v Stevenson1 'a manufacturer of products, which he sells in such a form as to show that he intends them to reach the ultimate consumer in the form in which they left him with no reasonable possibility of intermediate examination, and with knowledge that the absence of reasonable care in the preparation or putting up of products will result in an injury to the consumer's life or property, owes a duty to the consumer to take that reasonable care'2. Firstly, from Donoghue liability has been extended in order to cover individuals who supply or repair products, the erectors of tombstones3, electrical equipment installers4, constructing staff buildings5 etc. Also, understanding of 'consumer' has been widely developed to include users of particular article6, anyone who might be in a direct contact with the article7 or people in the neighbourhood of the good in question8. Donoghue, case that product liability in Scotland begins with, states that responsibility for defective products rests on the manufacturer on the condition that there is no possibility of intermediate examination of the product9. New approach declares that 'possibility' should be replaced with 'probability'10. Case Bates v Batey11 extends product liability law illustrating failure to provide flawless design of the product. Ginger beer busted in consumers hands.
Tribunals, Arbitration, Conciliation, Mediation and Negotiation are all methods of Alternative Dispute Resolution (ADR) which are used instead of taking cases to court. a) Briefly explain how any three of these attempt to resolve disputes (10 Marks), b) D
Tribunals, Arbitration, Conciliation, Mediation and Negotiation are all methods of Alternative Dispute Resolution (ADR) which are used instead of taking cases to court. a) Briefly explain how any three of these attempt to resolve disputes (10 Marks) b) Discuss the advantages and disadvantages of ADR as an alternative to the courts (20 Marks) Alternative dispute resolution (ADR) is the name given to the process where parties in a dispute come to a compromise of settle their dispute without going to court. There are dive main forms of ADR - tribunals, arbitration, conciliation, mediation and negotiation. Negotiation is the simplest form of ADR. Negotiation attempts to resolve disputes by the two parties, in dispute, negotiating a solution between themselves. If the parties cannot settle the dispute themselves they may instruct solicitors who will negotiate on their behalf. Even if negotiation seems to fail at the early stages of a dispute solicitors usually continue to negotiate on their clients behalf even when court proceedings commence, this results in many cases being settled out of court. Mediation attempts to resolve disputes by having a neutral person (the mediator) to help the parties reach a compromise. The mediator consults with each party to see how much common ground there is between them and acts as a facilitator, taking offers between the parties. The mediator
Death Penalty in US
The US currently remains one of the few countries that uses the death penalty. Since the 1976 reinstatement of the death penalty, public approval allowing for legal execution has rated as high as seventy percent. In Canada, the death penalty does not exist. Instead, the court issues a 25 year imprisonment without parole. According to Canadian polls, seventy percent wanted change and death penalty for first degree murders. However, the death penalty should be banned in the US. It is hypocritical to kill a murderer for killing a victim, which sends the contradictory message to the public. It is wrong to believe that killing one proves that justice is served. 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. One may deduce that the death penalty "cheapens the value of life." In other countries
