Explain and illustrate the main distinctions between civil and criminal law.

Explain and illustrate the main distinctions between civil and criminal law. (20 marks) This question is designed to provide a clear explanation and illustration of the main distinction between criminal and civil Law. The civil justice system is designed to decide disputes between individuals. Criminal Law serves to maintain law and order, to protect society. Civil claims will arise when an individual or a business believes that their rights are being infringed in some way. Civil cases cover a wide range of issues, as there are different areas of civil law. These include: * Contract law * Tort law * Family law * Employment law * Company Law The criminal justice system affects large numbers of people. Criminal law is central to the relationship between law and society. It looks to regulate behaviour; it provides sanctions against those who break those rules. It can be classified as a formal mechanism of social control. It is formal because the rules set by the law can be strongly enforced through the courts and legal system. In civil cases, the party starting the case is called the claimant and the order party is the defendant. The person who commits a wrong or breaks a contract or trust is said to be liable or responsible for it. In the civil proceedings the defendant can either be liable or not liable. An example of a civil case that can be used to

  • Word count: 857
  • Level: GCSE
  • Subject: Law
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The aim of this study is to outline the difficulties confronting the court when fitness to plead and insanity defence are contested.

CHAPTER ONE INTRODUCTION The aim of this study is to outline the difficulties confronting the court when fitness to plead and insanity defence are contested. The relationship between fitness to plead, insanity and crime has been of interest to man from time. This is particularly so when crimes like homicide (murder) 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. As a result of this he had to be remanded under section 35 of the Mental Health Act 1983, for a medical report at Rampton Special Hospital. The issue here is to ascertain that the individual has got sufficient intellect to be able to plead to the indictment and also understand the proceedings sufficiently to challenge jurors, take in the evidence, and make a proper defence. The test for this purpose is that set out in R V Pritchard. The fact that a criminal is insane, can affect the normal processes of the law at the trial phase. The legal position would be to divert as many mentally disordered offenders as possible from prosecution or penal disposal towards the health and social services.

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  • Word count: 333
  • Level: GCSE
  • Subject: Law
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This House Would Decline Medical Service to Smokers

This House Would Decline Medical Service to Smokers, Alcoholics And The Obese We are the proposition and are totally in accordance with the motion. First and foremost I would like to redefine the motion to This House would decline priority medical treatment to those who choose not to help themselves, i.e. make poor lifestyle choices. I am going to discuss how the main lifestyle choices affect the NHS and furthermore how the taxpayer is forced to compensate for an unworthy cause. In the UK it is estimated that up to 9,500 beds are blocked daily by smokers, and that up to eight million doctor consultations are required on their behalf each year. While it is true that smokers often pay a lot of tax for their habit, taxation is necessary as a deterrent and to fund the NHS for people who genuinely require treatment. The money that the NHS should be used for more worthy causes, such as people suffering from more serious illnesses which weren't brought upon by themselves. Moreover, the core point again is about free choice. Smokers choose to buy tobacco and pay tax; it is not forced upon them. 8 of the top ten deaths in men in the UK are linked to smoking, two of the most prevalent being lung cancer and heart disease which costs millions to cure every year. We accept that nobody chooses either to be rich but always or suddenly ill, or to be poor but always healthy. But everyone who

  • Word count: 666
  • Level: GCSE
  • Subject: Law
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To what extent has law reform been effective in achieving just outcomes for family members and societyin Australia?

To what extent has law reform been effective in achieving just outcomes for family members and society? Law reform has been of mixed effectiveness in achieving just outcomes for family members and society. Law reform has allowed for familial disputes to be resolved with greater ease such as divorce, however the separation of de facto families still remains an issue. Law reform has also achieved greater recognition of alternative families, however same-sex relationships have still not recieved absolute equality. Law reform has also increased awareness of domestic violence, yet it is still a prevalent issue in Australian society. Law reform has been moderately effective in achieving just outcomes for family members and society. Law reform has been considerably effective in achieving justice for family members and society regarding divorce. Initially, divorce was governed by the Matrimonial Causes Act 1959 (Cth), which stipulated 14 grounds for divorce. This was not effective as ‘fault’ had to be proven in order for the divorce to be achieved, thus many couples remained married due to being unable to prove guilt, hence not achieving just outcomes for family members. This was reformed in the Family Law Act 1975 (Cth), which introduced the concept of ‘no-fault divorce’, and reduced the grounds for divorce to one, “the irretrievable breakdown of a marriage”. This

  • Word count: 1183
  • Level: GCSE
  • Subject: Law
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Give an analysis of the case law to show the grounds upon which an application for review can be made.

"There is no prescribed constitutional relationship between the courts and the executive, but the judges assert their inherent power, derived from the rule of law, to review executive actions" Madgwick and Woodhouse, "The law and politics of the Constitution," page 107. Give an analysis of the case law to show the grounds upon which an application for review can be made. The question starts off by giving us an element of the separation of powers when it says that there is no prescribed constitutional relationship between the courts and the executives. The concept of separation of powers propounded by Montesquieu, the French political philosopher, has three main criteria: (i) There are three main classes of governmental functions: the legislature, the executive and the judicial. (ii) There are (or should be) three main organs of government in a state: the Legislature, the Executive and the Judiciary. (iii) To concentrate more than one class of function in any one person or organ of government is a threat to individual liberty. For example, the Executives should not be allowed to make laws or adjudicate on alleged breaches of the law; it should be confined to the executive functions of making and applying policy and general administration. The third proposition, which is said to be the most extreme and doctrinaire, is what the question in hand seems to overrule using the

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  • Level: GCSE
  • Subject: Law
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Describe Law and Order in the late 19th Century

Describe Law and Order in the late 19th Century Law and order began to improve in the late 19th Century after the CID was set up and that Polices Forces were springing up around Britain. In the 1880's, police forces in Britain were very much in their infancy. Almost all of the methods of tackling and solving crimes that we now take for granted were unknown. Police work was mostly concerned with the prevention of crime by officers on the beat. But even very regular patrols did not stop a determined criminal. The police forces had to deal with a range of crime and disorder ranging from petty theft to major public disturbances. The main duties of the Metropolitan Police Force were to deal with drunkenness, beggars, vagrants and prostitutes. The force also had to deal with major disturbances, and soon got the reputation for heavy handedness and violence, for example: in February 1886 the Metropolitan Police Force had to deal with a mass demonstration of Unemployed in Trafalgar Square, however this was not the most serious incident to occur. On Sunday 13 November 1887 the Metropolitan Police Force charged a demonstration by the Metropolitan Radical Federation. This riot in Trafalgar Square on in 1887 caused many injuries and some alleged loss of life. The was an estimated 300 arrests, 150 injuries and one death There was 4,000 Constables, 300 Mounted Police, 300

  • Word count: 876
  • Level: GCSE
  • Subject: Law
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Describe Law and Order in the late nineteenth century

Describe Law and Order in the late nineteenth century Law and Order in the late 19th century was not as it is today. Things were even worse than they are today. Even though there was a police force, they were new and poorly equipped to tackle serious crimes. This force was the Metropolitan Police Force, established in 1829. However the force was in deep controversy about several issues surrounding the role of the police in society, the severe use of force and detective work such as prevention of crime like murder, rapes etc. The Met was set up by the Home Secretary (Sir Robert Peel) in 1829. Before The Met there were the Bow Street Runners and the Thames River Police Force. Set up in 1749 and 1798 respectively. These three forces were based in different parts of London and were very low in numbers. The main objective of the Bobbies and Peelers (named after Sir Robert Peel) was to assume the duties of Special Constables and Watchmen. These were local men placed in charge of law and order by the local citizens to keep order on the streets with their whistles and truncheons and prevent thefts and other street crimes. But the police also needed to deal with severe riots going on at that time. These riots developed from minor scuffles to mass brawls then to all out riot. Assistance from the army and the Lord Mayor's Grenadier Guards were needed to bring about order and help the

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  • Level: GCSE
  • Subject: Law
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Describe the selection, training and role of lay Magistrates.

Lay Magistrates Describe the selection, training and role of lay Magistrates. Magistrates deal with 97 per cent of all criminal cases, so they play an extremely key role in our judicial system, lay Magistrates are those who do the job voluntarily, meaning costs of hearing everyday cases are significantly capped as opposed to using stipendiary Magistrates for rather minor events. Around 1,500 Lay Magistrates are appointed each year to each commission area, which are counties or the six commission areas in London. The Lord Chancellor, on behalf of the Queen, makes these appointments, however in Lancashire, the Duchy of Lancashire will carry out the decisions. His decision is based upon the recommendations made by local advisory committees. The nominations for being a lay Magistrate can be put forward by anyone, but generally local political parties, trade unions and chambers of commerce provide them. Some committees also advertise for the post in newspapers and on the radio in order to get a more wide range of candidates. The candidates must be aged between 21 and 65, live within 15 miles of the courts boundary and have common sense, integrity, good character and communication amongst other criteria which are stated in the Lord Chancellor's Directions on Appointments 1998 - The Personality Test. From 1998 the Lay Magistrates New Training Initiative is used for newly

  • Word count: 648
  • Level: GCSE
  • Subject: Law
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contract law

Law Q. What is the present position of practical benefit keeping the following cases in mind: ) Pinnel's Case (1602) 2) Foakes v Beer (1884) 3) Williams v Roffey (1990) 4) Re Selectmove Ltd (1995) ) Pinnel's Case (1602): The general rule is that if a creditor promises to discharge a debt in return for a fraction of the payment, in paying the agreed fraction, the promisee is not providing consideration for the promise, as this is merely part performance of a contractual duty already owed. Consequently, the debtor is still liable for the whole amount, as he cannot force the promissor to accept less. This is true unless the debtor provided fresh consideration for the promise. Where there was the introduction of some new element in the transaction, (at the creditor's request), then the court said it would be prepared to hold the creditor to his promise. However, the rule in Pinnel's Case can be avoided by providing "extra consideration, altering the way payment is made, by paying earlier, at a different time or place or via third party. So that, for example, would mean that the creditor was bound. In Pinnel's Case, the court held that mere partial performance of the original obligation did not suffice to discharge the whole debt. The court found in favour of Pinnel, because part-payment of an original debt did not make for fresh consideration. Therefore the agreement

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  • Level: GCSE
  • Subject: Law
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Death Penalty

The Death Penalty Should Be Abolished: DISCUSS The death penalty originated when man's primitive ancestors were permitted to punish the perpetrator of a crime. Making both the murderer and the victim suffer, the death penalty was obviously not the answer to some. To compensate for a committed crime -in this process- the human life is stolen. The countries that carry the death penalty use it as a punishment for intentional murder, espionage and treason. Today the process is virtually abolished in Western Europe, Latin America and United Kingdom. Nevertheless, some countries, looking at this through a religious perspective, still apply this for sexual and religious crime. This topic has been brought to the world debate for many reasons; two of them being innocent lives spared and terrorism. There are a number of incontrovertible arguments for and against capital punishment. Supporters of the death penalty claim that true justice can only be served by the death penalty. As the offender has committed such a harsh crime, only a punishment to the fullest extent should be given. There seems to be no alternative for some, whereas the opposition party consider prison as a nadir consequence. It is said that the death penalty fails to rehabilitate. When the perpetrator is put on the death row, nothing is accomplished. Being locked in a cell for twenty-four hours a day isn't a picnic,

  • Word count: 954
  • Level: GCSE
  • Subject: Law
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