Criminal Law,dealing with the subject of murder and how applying the general principles of criminal law will help us in deciding an outcome
Criminal Law LR2S07 This essay will be dealing with the subject of murder and how applying the general principles of criminal law will help us in deciding an outcome. To begin with murder can be defined as 'a common law offence, which is the unlawful killing of a human being under the Queen's peace with malice aforethought.'1 It is important to establish whether Mens Rea and Actus Reus are present. In most cases is an act of crime because the person committing it intended to do something wrong. This mental state is generally referred to as Mens rea, or guilty mind. Mens rea expresses a belief that people should be punished only when they have acted in a way that makes them morally blameworthy.2 The Actus Reus is a guilty action, which may not necessarily involve intent. The main facts of the case are as follows: John was a Carsea United supporter, he brought three flares to the match with he planned to release into the crowd to disrupt the match is the opposition, Swaniff City, were in the lead. After half time, Swaniff City were clearly leading so John decided to release the flares. He points them to the Swaniff City fans, whom he hates passionately. One of the flares hits Pablo; John laughs and flees the scene. Pablo is eventually collected by an ambulance but due to the drivers careless driving, is involved in an accident. Another ambulance comes after a considerable
Criminal Justice, Miscarriages of justice
Criminal Justice in England and Wales Miscarriages of justice Everyone agrees that the aim of the law is to achieve justice. Many argue that justice is the ultimate goal to which the law should strive. But what does the word 'justice' mean? Kelson, whose theories were first published in 1911 and further developed in his General Theory of Law and State published in 1945, suggested that it is not scientifically possible to define justice because it is simply a matter of individual preferences and values. However in simple terms, 'justice' means 'fairness'. Clearly what is 'fair' to one person may be regarded as unfair to another but, although it is impossible to agree everything, it is hoped consensus can be reached in a society on many features of a 'just' legal system. There are two basic definitions of justice within the law- formal (or procedural) justice substantive justice. Any state has a legal system through which justice is dispensed. The whole process of enforcing legal rules is formal justice. If someone breaks the legal rules the state takes action. The state dispensing 'justice.' Formal justice may be defined as: 'The following of legal rules and treating like cases alike.' Formal justice is about applying the rules fairly to everyone. It is a fundamental principle that one should be above the law and those who administer the law should do so without
Illustrating your answer with case law, assess the extent to which the exercise of the Royal Prerogative is controlled by the courts. Should the exercise of the royal prerogative be subject to more stringent control by parliament or the courts?
Illustrating your answer with case law, assess the extent to which the exercise of the Royal Prerogative is controlled by the courts. Should the exercise of the royal prerogative be subject to more stringent control by parliament or the courts? In this essay I will be examining how far the Royal Prerogative is controlled by the courts after it has been exercised by the executive. I will then discuss whether the prerogative should be controlled by the courts or parliament, and how strict this should be. The royal prerogatives are powers and privileges recognized in common law as belonging to the Crown sometimes referred to as residuary discretionary powers. However, most prerogative acts are performed by the government of the day in the name of the crown. As by prerogative the Crown is immune from prosecution Certain prerogatives are only performed by the crown on the prime minister's advice, such as the dissolution of parliament. Some prerogatives such as powers to appoint and award honours are performed by the Crown, who will also conduct the relevant ceremonies, but decisions as to who will be honoured are made on the advice given by the government. Both Dicey and Blackstone tried to give their interpretation of a prerogative. Dicey argued that, 'an act that can be performed lawfully without an Act of Parliament, is done in virtue of this prerogative'. Blackstone's
"There is one right answer for every legal question". Discuss.
"There is one right answer for every legal question". Discuss. The thesis that there is only one right answer for every legal question has been put forward by R. Dworkin, a legal theorist follower of the interpretive theory of law1. Dworkin rejects some aspects of Natural Law Theory and at the same time attacks in a critical but sophisticated way the positivists' approach to law. In order to follow Dworkin's attack is best first to identify the key positions of positivism relevant to the matter under discussion. Positivists say that every society has its special rules which attempt to regulate the citizens' behaviour and provide how the appropriate authority will punish or coerce any unacceptable behaviour. The said rules, positivists continue, may be categorised depending on what their "pedigree" is. They are divided in primary and secondary rules. Primary rules were explained as the rules granting rights or imposing obligations upon the citizens. Secondary rules on the other hand are those rules that lay down the way that must be followed in order to create, amend or abolish primary rules i.e. rules that stipulate how the appropriate legislative body is composed and how it enacts legislation. Positivists add that the community in question follows moral rules as well but the latter are not enforced by the public authority. As long as the cases which need to be regulated
'The 'mirror' principle, the 'curtain' principle and the 'insurance' principle form the tripod on which the whole English and Welsh system of land registration rests'.Explain, in detail, these three principles.
(a) 'The 'mirror' principle, the 'curtain' principle and the 'insurance' principle form the tripod on which the whole English and Welsh system of land registration rests'. Explain, in detail, these three principles and discuss the validity of the statement quoted. and (b) What is an overriding interest and why is the concept important in relation to the transfer of title of land in England and Wales? (a) The object of registration of title is to make the transfer of land simpler, quicker, cheaper and safer. Previously in unregistered conveyancing, the vendor was required to produce documentary evidence of the past transactions over a period of 15 years to prove that he was the owner of the estate that he was selling. Registered conveyancing seeks to eliminate such lengthy inspections of deeds by putting in its place a register that can be inspected and prospective buyers can find a description of the land, the name of the registered proprietor and any third party registrable rights. The purchaser should at this stage have a complete up to date picture of the title of the property and if accompanied by a search of the local land charges register and a physical inspection of the land should afford adequate protection to any potential buyer. This system, however, is not perfect and certain rights are not registrable and may not be discovered even with the other checks
There is no absolute separation of powers in this country, in a variety of important ways ideas of the separation of powers have shaped constitutional arrangements and influenced our constitutional thinking, and continue to do so" Discuss.
"While we must grant that there is no absolute separation of powers in this country, in a variety of important ways ideas of the separation of powers have shaped constitutional arrangements and influenced our constitutional thinking, and continue to do so." Discuss, including consideration of relevant caselaw. The separation of powers is at the heart of a democratic constitution as it ensures that no one body accumulates too much power as to simply dictate to the people, as Lord Acton said 'Power tends to corrupt and absolute power corrupts absolutely' Although within the UK the separation of powers is not as clear as in other liberal democracies, it does still influence the everyday operations of the executive, legislature and judiciary1. As Barnett argued 'Separation of powers...runs like a thread throughout the constitution of the United Kingdom'2 The principle of the separation of powers assumes that certain functions should be carried out by different institutions and that no one institution should trespass into the territory of another. As Montesquieu argued 'All would be lost if the same man or the same ruling body...were to exercise these three powers'3 This interpretation of the separation of powers has been put into effect in the vast majority of liberal democracies around the world with the likes of the USA and Japan adhering to the orthodox understanding of the
The Constitution of United Kingdom In Comparison with the Constitution of Russia
Constitutional Law The Constitution of United Kingdom In Comparison with the Constitution of Russia Introduction: Constitutional law is concerned with the role and powers of the institutions within the state and with the relationship between the citizen and the state . Thus, it tends to concentrate on the relation between the primary organs of sovereign power (for example, Parliament and the judiciary) and the fundamental principles of constitutionalism, such as the rule of law. All constitutional law presupposes the existence of a constitution, whether written or not. A constitution sets out the relationship between individuals and the Government. It is a document that sets out necessary rules for the framework and operation of state institutions, for example defining the powers of the state and its agencies . Who can do what and where the limits of power are. This can only be of value if people feel an ownership of their constitution and other institutions are open and fair. This essay will examine the constitutional law of the United Kingdom in comparison with the constitutional law of Russia. To do so a brief background and history will be discussed in order to explain how the current constitutional law of these two countries came about. An Introduction to the United Kingdom and Russia's Constitution Similarly, the study of constitution of the United Kingdom and
Analysis of the law relating to the offence of Murder and relevant offences of Provocation, Diminished Responsibility and Intoxication.
This continuous assessment requires a detailed analysis of the law relating to the offence of Murder and relevant offences of Provocation, Diminished Responsibility and Intoxication. The issue of non-fatal offences will also be dealt with. Murder is the killing of a human being by a human being within the Queen's peace, death arising within 3 years of the act by the accused and also caused by the act of the accused. The actus reus of Murder therefore requires that the defendant should have caused the death of the victim through an act of his/her own. Death should be caused within the Queen's peace and three years of the act of the defendant.1 In this question the defendant Mo killed her husband Billy. It was Mo's act of setting fire to Billy's bed, which caused the death of Billy who is the victim in this instance. It is required to be proved that death was caused by the act of the defendant. Murder is a consequence crime and therefore accordingly requires causation to be proved in order for the actus reus of murder to be proved. It is in essence proving that it was the act of the defendant that caused the death of the victim. Causation is a 2-stage test and requires firstly causation in fact. The test for causation in fact is the 'But for test'2. But for the act of the defendant, would the victim still have suffered the consequences and if not then there is causation in
Criminal Law - Problem Question - Homicide
Assignment No.2 "Alan, a soldier, was home for the weekend. He possessed several rifles. In a drunken argument with his father, Brian, as to who was the better shot with a gun, Brian threatened to break Alan's nose. Alan was afraid of his father but he was the first to load one of the rifles and, a little wobbly on his feet, took aim at Brian and, in haste, shot and injured him. Feeling shocked, Alan fired a second shot at an expensive vase which shattered. Alan managed to call for an ambulance but the ambulance was delayed by a freak storm. Eventually, Brian arrived at hospital where his injuries were treated. After several days he developed an infection in the wound. He was treated by Doctor Chris with an antibiotic to which Brian was allergic. The next day, seeing that he was no better, Doctor Chris administered more of the same antibiotic to Brian in extremely large doses. That night, weak, delirious and close to death, Brian jumped out of the window when he saw the doctor approaching. He fell two storeys to the ground and was killed. Alan confessed to the police that he had lately been hearing voices and believed that his father Brian was the devil. He had not wanted to kill but had wanted to frighten his father. Doctor Chris confessed to the police that he was diabetic and had not had time to eat properly after taking his insulin. Discuss the liability of
Antigone: "and Justice for all…"
Megan Yamamoto Thill, B. Humanities Core 1A October 16, 20 Antigone: "and Justice for all..." Sophocles' Antigone revolves around the issue of how justice is defined and carried out. Both main characters, Creon and Antigone, claim to have the law and Gods on their sides. Each side presents their case with adequate evidence that their reasoning is the absolute truth and that their version of carrying out justice is correct. Creon believes that his power of being king will justify his action of leaving Polynices unburied, while Antigone leans more towards tradition of burial for her form of justice. However, it is their inability to come to a compromise over the absolute definition of justice, in addition to the lack of a solid and unambiguous explanation of the word, which leads their conflict to escalate to drastic heights. The Oxford English Dictionary defines justice as the ability to be righteous, fair and truthful when dealing with a certain situation. In Sophocles' Antigone this definition of justice is partially applied to both Creon and Antigone's state of affairs. On the one side, Creon gives his outlook on justice through his action of leaving the dead body of Polynices unburied. He believes that justice will be served in this manner to the so-called traitor for fighting against his city. However, on the opposing side is Antigone who believes justice will be
