In the case of Re A (children) (conjoined twins: surgical separation) [2000] 4 All ER 961, the court considered inter alia the law on the unlawful killing and the defence of necessity. Explain the reason for the dcision.

In the case of Re A (children) (conjoined twins: surgical separation) [2000] 4 All ER 961, the court considered inter alia the law on the unlawful killing and the defence of necessity. With particular reference to the leading judgements regarding criminal law, explain the key principles and the reason for the decision. The recent case of Re A is a complicated case in which several key principles of criminal law have to be discussed. Many conflicting issues had to be considered by the three justices; Ward, Brooke and Robert Walker LJJ. These principles include; the sanctity of life/right to life, unlawful killing/murder, duties of care, intention and necessity. As well as case law, statute also exists within the case. The case of Re A is concerned with the fate of a pair of conjoined or 'Siamese' baby twins; Jodie and Mary. The appeal from the girls' parents was allowed after a previous judgement by Johnson J granted an operation to separate the twins, an operation which would almost certainly provide Jodie with a normal, healthy life but would definitely result in the death of her sister Mary. It was stated that if the twins were not separated, then they would both die in three to six months, however if they were separated, Mary would die immediately but Jodie could go on to live as a regular individual. Johnson J's judgement was questioned in the course of the appeal

  • Word count: 2393
  • Level: University Degree
  • Subject: Law
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Legislative functions

Legislative functions The power of the Lords to reject a bill passed by the House of Commons is severely restricted by the Parliament Acts. Under those Acts, certain types of bills may be presented for the Royal Assent without the consent of the House of Lords. The House of Lords cannot delay a money bill (a bill that, in the view of the Speaker of the House of Commons, solely concerns national taxation or public funds) for more than one month. Other public bills cannot be delayed by the House of Lords for more than two parliamentary sessions, or one calendar year. These provisions, however, only apply to public bills that originate in the House of Commons, and do not have the effect of extending a parliamentary term beyond five years. A further restriction is a constitutional convention known as the Salisbury Convention, which means that the House of Lords does not seek to oppose legislation promised in the Government's election manifesto. By a custom that prevailed even before the Parliament Acts, the House of Lords is further restrained insofar as financial bills are concerned. The House of Lords may neither originate a bill concerning taxation or Supply, nor amend a bill so as to insert a taxation or Supply-related provision. (The House of Commons, however, often waives its privileges and allows the Upper House to make amendments with financial implications.) Moreover,

  • Word count: 1040
  • Level: University Degree
  • Subject: Law
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What Are The Sources Of English Law?

Kirsty Mellor What Are The Sources Of English Law? The Norman Conquest unified the local customs in 'common law', and this saw the emergence of judicial activity. 'Common law' was never written down, but was established by judges discussing various customs used throughout the country, discarding some to allow consistency to prevail. Other changes took place, including the development of 'case law' in which, if the facts of a case are similar to that of another that has already been decided, then that case must be judged equally, as the first case had set a 'precedent'. Also the hierarchy of the binding precedents came into place. European Court of Justice House of Lords Court of Appeal Divisional Court High Court Crown Court/ County Court/ Magistrates Court In recent times, legalisation; (statute law/ acts of parliament) and laws made by government ministers and their departments, delegated legislation is most prevalent. Now we have Law commissions who spot obsolete acts and recommend their appeal. Parliament can make or unmake any law it chooses. This is called Parliamentary sovereignty. It is possible for any of the 650 members of the House of Commons to introduce a members Bill. Unless the government supports the idea, then the Bill has little chance of enactment. Each year there is a ballot of those members who wish to introduce bills privately. There are a

  • Word count: 1859
  • Level: University Degree
  • Subject: Law
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Legal Studies - Crime: Key legal concepts and features of the legal system.

Legal Studies Crime: Key legal concepts and features of the legal system * Crime: an act or omission committed against the community at large that is punishable by law. * Types of Crimes: - Offences against persons- homicide (where person is unlawfully killed), assault and sexual assault. - Economic Offences - larceny (intentionally depriving a person of goods by taking them dishonestly), robbery (breaking and entering- serious type of larceny), intellectual property, white collar crime (includes: embezzlement and corporate crimes) - Offences against the State - Treason (breach of allegiance) or Sedition - Drug Offences - possession and dealing - Public order Offences - Summary offences (offensive language, offensive conduct, obstructing traffic etc) - Traffic Offences - Victimless Crimes - where there is no such hurt or injury, and consequently no victim. - Preliminary Crimes -Attempt (crimes which have not occurred) and Conspiracy (where persons have not done the act but helped plan it) and Complicity (2nd person) * Sources of Law: There is no single body of criminal law for the whole of Australia. Each state and territory has its own criminal law system. Commonwealth covers certain areas that come under its jurisdiction. - Common Law: Historically, the source of nearly all criminal law was common law. As new circumstances arose, they adapted the law and

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  • Level: University Degree
  • Subject: Law
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Common Law

.0 Common Law Prior to the Norman Conquest of England in 1066, there was no unitary, national legal system.1 William the conqueror invaded England and introduced a central system of justice over the country, which the King controlled.2 William and his powerful courtiers sitting in the King's Court, which was known as Curia Regis.3 The Norman Kings created the Courts of King's Bench4, which the King would sit on a bench to hear cases in the court.5 King Henry II ordered five justices remain in London to hear disputes between citizens6, which were called suits of the realm and led to establishment of Court of Common Pleas.7 He sent the judges out to travel different regions of the country where the judges had to apply the laws in future similar cases.8 Thus, many custom laws were replaced by new national laws which is common to all, the common law.9 The King's Court separated from Curia Regis and became known as the Common Law Courts.10 As the jurisdiction expanded, three separate Royal Courts emerged. Court of the Exchequer dealt with cases involving royal revenue11 then it's jurisdiction extended to taxation and revenue laws.12 Court of Common Pleas concerned disputes between private individuals.13 While Court of King's Bench heard actions to which the Crown was a party involving criminal and civil cases.14 These courts are required to issue a writ which is the main remedy

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  • Level: University Degree
  • Subject: Law
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The Blunket Reforms.

The Blunket Reforms Introduction The proposed introduction of the Criminal Justice Bill into English Law has lead to a divergence of opinion pertaining to the roll of, and need for, the double jeopardy rule. The current position is debated from two main poles of opinion, those who see the rule as being an essential mechanism for the control of power and the liberty of the individual, and those who believe that the rule should be relaxed to varying degrees ensuring that criminals who have been acquitted previously can still be tried and justice be done. It is the weighing up of these conflicting interests to establish a suitable medium that concerns us. Historical Background The double jeopardy rule has been part of English common law for the past 800 years and has been described by Blackstone as:- "Grounded on the universal maxim of the common law of England, that no man is to be brought into jeopardy of his life or limb more than once for the same offence..."1 In essence this means that a person cannot be tried twice for the same offence based on the same evidence. This is known as the autrefois acquit rule and has been viewed by some as an essential feature of the legal system underpinning the basic rights of man. But like most things in theoretical law there is a balancing act to be observed. On the one hand there is the need to ensue that innocent people who

  • Word count: 2358
  • Level: University Degree
  • Subject: Law
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Analysis of the law of Financial Penalities

The fine, a payment imposed as a penalty, is the oldest non custodial penalty available to the courts. Although it was available in the early twentieth century, fines were not issued; this was due to high levels of poverty which meant that offenders could not afford to pay their fines and therefore ended up in prison.1 Major reforms throughout the following years, modernised the penalty. Fines were allowed to be paid in instalments and this reduced the amount of people who ended up in prison. This can be seen when comparing the 75,000 people who were put in prison in 1913 and 5300 who were in 1919. The second reform was introduced by the Criminal Justice Act 1948, it extended the amount of offences the fine was used for and the fine accounted for 27.2% of sentences in 1938, after the act, this soared to 44.8% in 1959. The 1980's bought a period of high unemployment. Magistrates used the fine sentence less because people would not have been able to afford the fees; the usage fell by 10%. Offenders would instead be sentenced to community service, or in the case of the worse offences, even custodial penalties. The Magistrates Court Act 1980 imposed that the court would have to consider the offenders means, allowing the magistrates to reduce fines if the criminal was poor, it would also prevent fine to be increased if the offender was wealthy. When the fine was used during

  • Word count: 2195
  • Level: University Degree
  • Subject: Law
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What continuities and changes in attitudes to crime and punishment are represented in the texts?

What continuities and changes in attitudes to crime and punishment are represented in the texts? Disease, alcoholism, crime and prostitution were all rife in eighteenth century England. England had the bloodiest law code in Europe, there were over four hundred offences for which the punishment was death, including stealing goods worth just five shillings. The hangings at Tyburn had been turned into a gory ritual, with the criminals being used as circus exhibits for the duration of their last few days alive, and thousands would crowd onto Tyburn Hill to watch. In the country, the situation was just as bad with popular use of enclosure throwing many off the land, and the harsh game laws - where to poach a rabbit had a sentence equal to that of murder! Worse still, this was not common across Europe, in fact such harsh laws and bloody entertainment were renowned as quintessentially English. Towards the end of the eighteenth century there was a definite atmosphere of increasing social repression. In Caleb Williams, Falkland is shown to believe that the distinction in ranks is necessary for the peace of the land, so long as the rich accept their duty to assist the poor. Falkland is a very honourable man, in the beginning of the novel he protects both the Hawkins and Emily Melvile from the tyranny of Tyrrel, but on both counts fails. Falkland represents the honour codes of

  • Word count: 2405
  • Level: University Degree
  • Subject: Law
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Evaluation of the court's judgement in R (on the application of Smith and West) v Parole Board

R (on the application of Smith and West) v Parole Board1 concerned two prisoners who, after serving their minimum sentences and qualifying under section 39(2) of the Criminal Justice Act were released on parole, only to be recalled after breaking their licence conditions. Both appellants made written representations as to why the decision to revoke their licences should be reconsidered but neither made a request for an oral hearing. However, after the Board's decision to not to recommend their re-release, they sought appeal on the ground that they had not been given oral hearings contrary to Articles 5 and 6 of the European Convention on Human Rights. It was decided in both instances that the Parole Board had not acted procedurally fair, and the appeals were allowed. I will aim in this report to critically evaluate the decision, including the reasoning, and examine the importance and significance of the case to administrative law. The idea that we are entitled to a fair hearing under procedural fairness comes from the common law rule of natural justice audi alteram partem. For there to be a fair hearing an assumption is made that there must be three rights afforded by the individuals concerned; that is: sufficient notice (allowing adequate preparation), entitlement to know the evidence against you and proper opportunity to contest, correct or contradict any such

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  • Level: University Degree
  • Subject: Law
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Multiculture is it better

Multiculturalism: is it Better Than the Melting Pot Concept of Society? Many immigrants who passed through Ellis Island have said, "we are leaving the old country behind" by coming to America. Those words were told of the same from the time of old when the Israelites were leaving Egypt to the promised land, with Moses saying, "Remember this day in which you went out of Egypt, out of the house of bondage; for by strength of hand of the Lord brought you out of this place [of sin and bondage]". [1] The Israelites left Egypt just like the immigrants left their home country and came to a new land called America to live. They both left their "baggage" behind in the old country and had a fresh start. Wherever America in the last 100 or so years spread its influence, it has been for the betterment of the peoples of those societies. For example, America liberated Europe from the tyranny of Nazism and fascism during the 1940's and slowed the spread of Communism. Eventually, America brought Communism to its knees with the collapse of the Soviet Union in 1991. Today, America is fighting global terrorism freeing the peoples of Iraq and Afghanistan from tyranny and allowing those people to choose their destiny. America is the greatest country the world has ever known; it has liberated over one billion people since its inception. Today, American immigrants owe all of their wealth and

  • Word count: 7370
  • Level: University Degree
  • Subject: Law
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