The Police and Criminal Evidence Acts 1984-provides an effective balance between the powers of the police and safe guards provided for suspects.
Yasmin White 27th September 2002 The Police and Criminal Evidence Acts 1984-provides an effective balance between the powers of the police and safe guards provided for suspects One of the fundamental civil liberties is the right to freedom of your person from detention, and your property from seizure, without lawful cause. Recognition if this right goes back centuries in the history of Britain. Its fundamental expression is in the statement that we live in a country where one of the basic principles of the constitution is that our affairs shall be carried on under "the rule of law". In Entick v Carrington (1765) 19 St Tr 1030 Lord Chief Justice Camden set out the basic principle that anyone who invades another's private property is guilty of an offence unless they can show a justification for having done so. The recognition of the right to liberty of the person, and freedom from interference with private property, underpins the torts of trespass to land and trespass to the person. It also underlies the defence to a charge of assault that the person was acting in self-defence against an unlawful detention. False imprisonment is based on the idea that there must be no deprivation of personal liberty without lawful authority. The powers given to the police to act to maintain public order and to
Describe the main differences between solicitors and barristers with regard to training and work and discuss the advantages and disadvantages of having a single legal profession
Describe the main differences between solicitors and barristers with regard to training and work and discuss the advantages and disadvantages of having a single legal profession 8(a) Describe the main differences between solicitors and barristers with regard to training and work There are about 90,000 lawyers in England and Wales, a high number of 80,000 which are solicitors and a considerably lower number of 10,000 which are barristers. Even though over the past few years the work of the two professions has intertwined, there are still key differences between barristers and solicitors. There are many differences between the training of a barrister and a solicitor. One of these is that solicitors have to take a legal practice exam, but barristers have to take a common professional exam. The legal practice exam is a one year course which consists of three compulsory subject areas (Business, property and litigation) and provides all the practical skills required to become a solicitor. But the common professional exam consists of the studying of seven topics (Contract, land, torts, public law, European union law, equity & trusts and criminal law). Another difference between the training is that the barristers have to dine at an Inn of Court. All student barristers have to join one of the four inns in London. They can choose to
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
The Supreme Court of Canada and the Charter: Democratic or Anti-Democratic?
The Supreme Court of Canada and the Charter: Democratic or Anti-Democratic? A democracy is a way of governing a country in which the people elect representatives to form a government on behalf of the country; with such a government, the idea is that everyone in that country has social equality. Social equality is state of uniformity in quantity, measure, value, privileges, status, or rights within a given society. Canada is thought to be a democratic country because, similar to the definition, the Canadian citizens select representatives by ballot to form a government on behalf of the country. The Canadian judicial system has two key elements by which to represent the country: The Supreme Court of Canada (group of 9 appointed judges) and the Canadian Charter of Rights and Freedoms. The Supreme Court of Canada stands at the apex of the Canadian judicial system. It is the final general court of appeal, the last judicial resort for all litigants, whether individuals or governments. Its jurisdiction embraces both the civil law of the province of Quebec and the common law of the other provinces and territories. The Canadian Charter of Rights and Freedoms is a set of laws revised by the Supreme Court in order to ensure safety, morality and equality to all citizens. Some individuals state that the Canadian judicial system is democratic as everyone has equal rights and freedoms and
‘The present law does not properly recognise, in all their forms, relationships which are deserving of marital status. This is inconsistent with a modern, tolerant society.’
Assignment 1 2 - 11-2001 Prepared for Claire Aindow by Samantha Day Filename: C:\MyFiles\family law 2.wpd [COMMENT1] Table of Contents Introduction. 1 Marriage. 1 Cohabiting. 3 Property Rights. 3 Children. 5 Conclusion. 6 Table of Statues 7 Table of Cases 7 Bibliography 7 Introduction. 'The present law does not properly recognise, in all their forms, relationships which are deserving of marital status. This is inconsistent with a modern, tolerant society.' In this assignment I have been asked to discuss the above statement with reference not only to unmarried cohabitees, but also to other non traditional partnerships. The areas in which I intend to look are married couples as the traditional form and the 'so called non traditional' relationships of cohabiting, transsexual and same sex couples and what rights they have with regards to matters like property and children on the break down of a relationship whether married or not. Marriage. It may be a surprise to many people that the law is so different for people who have opted to live together as opposed to those who have decided to marry. Marriage is a legal and sometimes religious ceremony that unites a man and woman together. In marriage a man and woman become in many respects one legal entity. Each having the right to be supported by the other, to be able to marry legally under English law, you must
What were the principles underlying the Poor Law Amendment Act and how far did they reflect contemporary attitudes towards poverty in 1830? Did those responsible for the Act achieve their goals by 1847?
What were the principles underlying the Poor Law Amendment Act and how far did they reflect contemporary attitudes towards poverty in 1830? Did those responsible for the Act achieve their goals by 1847? In 1834, Britain was about to enter the Victorian Era. A Whig government, which had been in power for three years, made promises of great reform. 1832 had seen the passing of the Reform Bill. Its terms meant that the landowners had to share their monopoly of political power with the middle classes, who were given the right to vote. The immediate result of this was to stimulate a series of reforms within the next twenty years, one of which was the Poor Law Amendment Act. Nineteenth century society was poor by modern standards. Most members of the working class were more than likely to be in poverty at some point in their lives due to many natural reasons, and would have to rely on the support of their families for aid. Contemporary attitudes thought that this was right and proper because it meant that the poor would have to work in order to survive. Typical outlooks were of unconcern, complacency or patronising charity epitomised by Samuel Smiles' pamphlet "Self Help", where he stated that "the common life of everyday provides the workers with scope for effort and self-improvement...even if a man fails in his efforts it will be a great satisfaction to him to enjoy the
Law : Juries & Judges
Law Coursework Jury Trial within the English Legal System. The Jury system throughout England is one, which manages to give the public the chance to play a vital part in the legal system. This gives you the chance to see what is going on throughout the law and informs you what happens in court. You, as a juror will usually be involved in the more serious criminal cases such as burgluary, theft and drug offences. It would be less likely that you would be sitting in a case about murder or rape. The trial which you would attend would be seen in the Crown Court. However, sometimes a juror would be needed in a civil case, which would be heard at either the High Court or County Court. Although a jury would be less likely to be in a civil case than a criminal case. The usual amount of people on a dury is 12, usually there will be a cross-section of the society in order to get a fair and unbiased trial. Your aim as a jury would be to consider the evidence and then reach a verdict of 'guilty' or 'not guilty.' In order to be able to become a juror you have to have some certain qualities, such as: * Between 18 and 70 years of age. * On the electoral register to vote. * Lived in the UK, Channel Islands or Isle of Man for at least 5 years since the age of 13. All of these qualifications are set out by the Juries Act 1974. However, some people still, even with these qualities, appear
LAND LAW
In 1995, Edgar inherited a property 'The Shambles' from his brother. Three years later, he sold it for £120, 000 and used his proceeds towards the purchase of 'Hanging Gardens', a large residential house with a florists shop attached. He took out a mortgage secured over 'Hanging Gardens' for £300, 000. The property was registered at the Land Registry in his sole name. Edgar moved in with his long term girlfriend, Angelica. Angelica paid the legal costs, stamp duty, Land tax and Land registration fees, together with the removal firm's costs. She also purchased new carpets and curtains for the property. When they moved in, the couple spent many evenings discussing plans for their home and the florist shop. Initially, Edgar and Angelica shared all the household expenses. After a few months, Angelica resigned from her full-time job to work in the florists shop. She did not recieve any pay for the first 10 months to enable the business to become established. During this time she was supported by Edgars income and he paid the household expenses. In 2002, Angelica gave birth to the couples child, kelly. Edgar employed a sales assistant in the shop to enable Angelica to be a full time mother. Angelica did the housework, decorating and shopping and cared for Kelly. In 2004, Angelica used the proceeds of sale of her car to pay for a new central heating boiler and
Law of Evidence - R v Kearley
Law of Evidence - Assessed Work (No.2) by Simon Wolman R v Kearley Essentially this piece concerns whether the House of Lords correctly decided the case of R v Kearley1. The majority decided allowing the appeal, that the evidence concerned in this case was either irrelevant, and therefore inadmissible (unless part of the res gestae) or was inadmissible as hearsay in the form of an implied assertion. The facts of Kearley will be discussed, followed by an analysis of the decision by their Lordships, finally considering the issues of relevance and implied assertions in relation to the decision in Kearley. The facts of Kearley are well known. The disputed evidence was that the police officers whilst on the raid answered a number of callers to the flats, both by telephone and by visitors. The police officers testified that the callers were seeking to buy drugs in place of the original callers who were unwilling or unable to attend court. The appellant objected to the evidence on the ground that it was hearsay, but this was overruled. The Court of Appeal dismissed his appeal and certified a question to the House of Lords. Condensing the certified question, it was whether a person not called as a witness, for the purpose of not establishing the truth of any fact narrated by the words, but of inviting the jury to draw an inference from the fact that the words were spoken ? 2 On
Types of Court in the English Legal System.
9/09/2011 Assignment 1 Task 1 Magistrates Court The Magistrates Court is the most junior of all the courts in the English legal system. Most of the criminal court cases that are heard in England and Wales take place in a Magistrates Court. A Magistrates Court is usually presided over by three magistrates. They are called Justices of the Peace. The panel of judges is often called the Bench. Magistrates are not paid, but they can claim for expenses and loss of earnings. There are roughly 29,000 magistrates currently working in England and Wales. In addition to the ordinary magistrate, England and Wales also have 130 District Judges. They have more formal legal qualifications than a magistrate. They usually sit alone and handle more complex and serious offences such as fraud. In Magistrates Court sentences of more than six months cannot normally be handed down, or fines over £5,000. If the offender’s crime is more serious and requires a higher fine or a longer sentence, the Magistrate's Court will refer the case to the Crown Court. Criminal Offences There are a number of criminal cases that can go before a Magistrates Court. They are divided into three categories and include: . Summary Offences. Cases that fall into this category include driving offences and disorderly conduct. 2. Triable either way offences. Cases that fall into this category include serious
