How does a deeper understanding of the meaning of "property" help us to understand its role in history and present times?
How does a deeper understanding of the meaning of "property" help us to understand its role in history and present times? When ever the word "property" is mentioned in modern English law 1 it is extremely important broad definition to the law student as it creates a deeper understanding in its historic role and modern days it is therefore important to be aware of the debates around the traditional western (liberal) concept of property that could be traced far back in AD 376 known as the dark ages, right through to the midraical period of 1400 to the present time. Early man and property Religious concept of property (Jesus being sold in the bible), Jesus has an important role in property. Norman days and property (feudal basis) In this development of property nearly a thousand years, the land as property is a mirror of one aspect of English life, it is a body of law which, while based on a feudal system imposed by the Norman conquest, has adapted itself to a succession of political and social unplegicals, culminatury in the welfare state of the twentieth century. It was the public importance of the land law in the feudal society of its origin which eventually brought its troubles when the country settle down after they uplieaual of the Norman Conquest, the social board which, both on the public and the prouate side of life, limited them. Together in nine political
Racial Profiling by Police
Racial Profiling by Police Humbert Diazgranados CJ230-10: Criminal Law for Criminal Justice In the aftermath of the September 11th terrorist attacks on the World Trade Center and the Pentagon, countless numbers of Arab-Americans and even those who could "pass" as Arab have been targeted or "profiled" for suspicion if not overt investigation. Few Americans would argue that this is a practice that has only been in place since September of 2001. In reality, people who do not fit the stereotyped or assumed "norm" for a particular area, kind of car, or travel plans have been stopped, questioned, pulled over, or pulled out of line throughout the history of the United States. In the wake of the September 11, 2001 Terrorist Attack the issue of "racial profiling" has become topical, as the urgency of preventing terrorists from boarding aircraft has again risen. Opponents of the practice of considering the race of terrorist suspects say that the gains made from targeting an ethnic group are not outweighed by the feeling of insecurity that innocent members of that group are subjected to. Some point out that Al-Qaida is a religious, not ethnic terrorist organization and therefore racial profiling not only can cause false charging of innocent people, but it can also allow non-Arab Muslims who belong to Al-Qaida or other terrorist groups to get away with terrorism. Some say that once
Discuss and critically consider the advantages and disadvantages of criminal trials from the views of younger offender, their families, victims, families of victims and the general public
The purpose of this essay is to explain, discuss and critically consider the advantages and disadvantages of criminal trials from the views of younger offender, their families, victims, families of victims and the general public. There are three categories of offences. Summary, either way and indictable. Summary being tried by magistrates', indictable by Crown and either way by magistrates' or Crown. When an offender has been charged with an offence, they must know what the accusation is. This is normally given though a written notice though a summons or indictment. At this point, they are still presumed innocent until proven otherwise. They then attend court where the evidence is heard against them. There are strict rules regarding identifying evidence. The standard of proof in criminal cases is 'beyond reasonable doubt'. Meaning that it is more than likely that the offender did commit the said crime. What follow are some miscarriages of justice. Matten was wrongly convicted of a murder and was sentenced to death in 1952. In, 1998 the appeal stood. However, the life could not be returned. (R v Mattan (1998)). X, a young school boy was wrongly convinced and sentenced. Although he matched none of the descriptions given by the victim. On appeal, the conviction was quashed. However, the 6 month sentence was already served. (R v X (2003)). R v Turnull
Alan has received a jury summons from his local crown court but does not want to do jury service - What arguments would you use to convince Alan that it is important for ordinary people to be jurors in crown court trials?
Alan has received a jury summons from his local crown court but does not want to do jury service. Section B: What arguments would you use to convince Alan that it is important for ordinary people to be jurors in crown court trials? In order to convince Alan that it is important for him to be a juror in a crown court trial, it would be made clear that he would be expected to decide the case based upon the facts put before him and not the law, it would be the judges place to guide Alan on points of law. Alan would be one of twelve jurors who are selected at random off the electoral register. He would be notified that it is his duty as a citizen of the United Kingdom to do this. And refusal without grounds is unacceptable and can be punishable by a prison sentence or fine. It is important for Alan to do this as a lay person as people have more confidence in there peers, and would prefer to be judged by them, rather than by the out of touch elitist judges, who do not have a clue what it is like for some of the poorest people to turn to crime and drug abuse. It was said by one leading judge "jury's are the lamp that shows that freedom lives." People prefer to be judged my ordinary people. Alan would not be expected to have followed past cases or precedents, he will have to base his verdict primarily on the fairness on the case, by doing this a jury is seen as making the legal
Improving the Jury System.
Improving the Jury System Everyone at some point in their lives will be called for jury duty if they haven't already. Most people cringe at the sound of going to court and the fact that they have to get up early, sit, and wait for their name to be called. After serving jury duty this past summer, it was not as bad as most people say but there was room for improvement. Juries have tremendous power over people's lives and it is important to make sure that jury verdicts can be fair, unbiased, and accurate. In recent years, however, many concerns have been raised about the jury system's viability. One primary concern is that juries have become inefficient and serve as a drain on limited judicial resources. Concerns have also been raised about the quality and integrity of the outcomes reached by juries. Many critics believe that jurors are frequently biased, incompetent, and apathetic, and as such, render verdicts that are unprincipled and often unjust (Chilton, 1996: 1). Jurors frequently misunderstand instructions from the judge on legal issues, fail to recall critical evidence, and suffer from boredom and apathy during trials. Particularly in complex trials, jurors have trouble comprehending the evidence and that consequently; jurors reach verdicts that are arbitrary. Finally, there is a concern over the widespread negative perception that the public has of the jury
An independent judiciary is regarded as if it were the font of justice, the rule of law and individual rights Such worship of judicial independence is not sustainable While there is no doubt that a measure of judicial independence is a good thing, such independence must be kept in balance with judicial accountability. F. Cross Thoughts on Goldilocks and Judicial Independence (2003) 64 Ohio State Law Journal 195. Critically discuss this statement.
Transfer-Encoding: chunked Student Number: 34614893 Module: 101x Law School Electronic Coursework Cover Sheet Student Number (on library card): 34614893 Module Name: LAW.101x: English Legal System and Method Module Mnemonic: 101x Question Title: Question 1 Word Count: 1693 Plagiarism Declaration: I declare that this submission is my own work. I have not submitted it in substantially the same form towards the award of a degree or other qualification. It has not been written or composed by any other person and all sources have been appropriately referenced. I consent to my electronically submitted work being stored electronically and copied for assessment purposes, including being submitted to Turnitin (a plagiarism detection system) in order to check the integrity of my assessed work. This Cover Sheet must be used for all Coursework submitted in Lancaster University Law School – failure to use this Cover Sheet may result in the work being treated as a non-submission. Please start the text of your Coursework on Page 2 of this document The judicial independence is usually understood as the principle which the judiciary would not be affected politically by the power of executive and legislature. Sometimes, this principle is considered to represent justice, the rule of law and individual rights. However, many believe such thoughts of
Describe the ways in which judges are selected, appointed and trained.
2(a) Describe the ways in which judges are selected, appointed and trained. For a Barrister or Solicitor-Advocate (since Courts and Legal Services Act 1999) to become a judge there are 3 stages to go through: qualification, selection and training. To become a District judge you are required to have practiced as barrister or solicitor for at least 7 years, and to become a Recorder (part-time) you need 10 years rights of audience in County or Crown court. Requirements for a Recorder also apply to Circuit judges. The appointment criteria for High court judge is 10 years rights of audience in the High court or are required to have served for 2 years as a Circuit judge. To become a Lord Justice of Appeal you will again require 10 years rights of audience in the High court. Finally to become a Law Lord you need 15 years rights of audience in high judicial office and can also apply to Scottish or Northern Irish judges too. Once any of the statutory criteria has been met you are able to be considered for judicial appointment. To become a District judge you must respond to an advertisement by sending an application to the Judicial Selection Board (Lord Chancellor's Department). Then you are short-listed and interviewed after references have been taken up. Finally appointment is at the Lord Chancellor's discretion. This appointment procedure is also the same for Recorders and
Describe the Composition and Role of the European Court of Justice and Evaluate the Importance of European Union Law for the English Legal System.
Describe the Composition and Role of the European Court of Justice and Evaluate the Importance of European Union Law for the English Legal System. The aim of this essay is, firstly‚ to illustrate the composition and role of the European Court of Justice (ECJ) and secondly, to assess the significance of European Law for the English Legal System. The ECJ has been based from the outset in Luxembourg. The ECJ comprises 15 judges, 8 advocates general and a registrar. (1). Judges are appointed under Article 221 of the EC Treaty from those whose independence is beyond doubt and are eligible for the highest judicial posts in their own country or, who are leading academic lawyers. Although no provision exists in the EC Treaty as to the nationality of the judges, there is one judge for each Member State. It has been deemed political for each Member State to be represented. They are appointed by the governments of the Member States and their appointment is for a period of six years initially, although reappointment is permissible. The court has a president, who is appointed from among themselves by the judges. The presidency is held for three years (art. 223). The current president is Gil Carlos Rodriguez Iglesias; he has been president since 07/10/94. Care has always been taken to ensure that the ECJ consists of an uneven number of judges. Thus if there were six or ten
Constitutional and administrative law
CONSTITUTIONAL AND ADMINISTRATIVE LAW Dicey a 19th century professor was of the opinion that the sovereignty of parliament and the supremacy of the rule of law are the main principles that spread through the whole of the English constitution.1 However, since his opinion about 120 years ago there have been changes that may undermine, or still affirm to his opinions. The first main principle to assess Dicey's opinion in relation to the current situation will be the parliamentary sovereignty. That will be looking at how it developed, its structures, powers, limitations and the impact it has had on the English constitution over the years. Parliamentary sovereignty comprises of the House of Commons, House of Lords and the monarch. It developed from the political events of the late 17 the century, when England experienced its last civil war. It also comes from Dicey' s celebrated textbook, An Introduction to the study of the law of the constitution.2Therefore much about the sovereignty is based upon Dicey theories and as been understood now, Dicey did not approve democracy and was much opposed to allowing women or the middle class to vote in the parliamentary elections 3. Also important is to look at its source, Eric Barendnt in his book Introduction to Constitutional Law states that " The short answer of its legislative authority is the common law, the uncodified rules of
Constitutional and Administrative Law
Constitutional and Administrative Law Since England has been governed by what is known as the constitution. Wheare explains that this is the whole system of Government of the country who are established and regulated by a collection of rules. These rules can be categorised into legal rules, being the law, and non-legal rules, being convention. Conventions and law, in the form of statutes and case law, are the legal sources of our unwritten constitution. As the constitution is not provided in any document or text, there are two senses in which the constitution is developed. Firstly through an abstract sense. This is produced through the systems of law, customs and conventions which define the composition and powers of organs of state and regulate organs to the citizen. The second is the concrete sense. This is the document in which the most important laws of the constitution are authoritatively laid down. Due to the absence of a written constitution in the UK, conventions are highly important in governing the country and those in power. Convention originates from constitutional principle and unlike common law; conventions are actually established by the institutions of government themselves. Conventions are not descriptive but are prescriptive yet laws are descriptive as they are found in a precise textual form. The law originates from common law and statute, whereby most