The distinctions between void and voidable marriages serve no purpose in modern family law and should be abolished.
Family Law 22114 2002-13295 Written Work 2003-2004 Semester1 The distinctions between void and voidable marriages serve no purpose in modern family law and should be abolished. Discuss To discuss the distinctions between void and voidable marriages, we must first establish that they are not the sole types of marriage. Firstly, there is a valid marriage; one where the ceremony follows the correct formalities and there are no defects at all. The fourth, and often ignored category is that of non-marriage; a ceremony that is so far removed from a valid marriage, it is not a marriage at all, e.g. in the case of Ghandi v Patel1. In answering the question, it is inevitable that we discuss the grounds for void and voidable marriages and the differences between them. The law tells us in the Marriage Act 1949, what is a valid marriage, and in the Matrimonial Causes Act 1973, the law tells us how a marriage is void or voidable. A void marriage is a marriage that never existed (void ab initio - void from the beginning), whereas a voidable marriage is valid until it is annulled. Marriage is a status relationship. Formality is extremely important, if not essential to a valid marriage. Heterosexual sex is a central feature of marriage also. Many grounds for a voidable marriage and grounds for divorce relate to sex. Although formalities exist for marriage ceremonies,
How satisfactory is the current law on non-fatal offences against the person?
How satisfactory is the current law on non-fatal offences against the person? (25) Non-fatal offences against the person are assault, battery, assault or battery occasioning actually bodily harm, malicious wounding and GBH with intent. The first two offences are defined in the Criminal Justice Act 1988, with the remainder being found in the Offences Against the Person Act 1861. There is a variety of sentences available ranging from imprisonment for 6 months to a life sentence for the most serious offence of GBH with intent (s.18 OAPA 1861). Some would argue that the OAPA 1861 is a very badly drafted piece of legislation, which is merely a consolidation of a number of old offences being grouped together. Because of this, there have been many appeals against convictions regarding this act. There is still no clear statutory definition of assault and battery, while the definitions of the more serious offences are contained in act over 100 years old, leading some to think that they are outdated. Much of the vocabulary in the Act is misleading, with the would "maliciously" having two definitions, one for the s.18 offence, and another for the s.20. This has led the Joint Charging Standard to clarify the issue of what charge to bring for different levels of injury, although even that is wrong; any injury which causes blood to flow could be charged as wounding, even a grazed knee.
Why Do The Vast Majority Of Defendants Plead Guilty In Court?
The Criminal Justice Process Why Do The Vast Majority Of Defendants Plead Guilty In Court? This essay will discuss with reference to research evidence, why the majority of defendants plead guilty in court. Over 90% of defendants plead guilty in a magistrates' court and approximately 70% plead guilty in a Crown Court. (Ashworth, 1994). However over 10% of people who plead guilty in the Crown Court declare that they are actually innocent. (Cited in Sanders, 1997). In Zander and Henderson's (1993) study they discovered that 11% of defendants who pleaded guilty claimed they were innocent. (Ashworth, 1994). Differences have been found across geographical areas for several years, for example in the late 1980's, 80% of defendants pleaded guilty in the Northern circuit compared to 50% in the South-East and 40% in London. The reason for these differences has not been found. (Ashworth,1994). Sanders (1997) stated that in the United Kingdom 'police and prosecution pre-trial practices are geared in large part to securing guilty pleas.' (Cited in Sanders, 1997:1078). Securing guilty pleas are vital to the criminal courts because they save valuable time and money. For example, in a contested trail at the Crown Court the hearing usually takes about 10 hours, whereas it only takes approximately one hour if the plea is guilty. Research from the Home Office has shown that the
The debate of whether there is the continued need for separation of the professions of a barrister and solicitor is one that is open to discussion.
The debate of whether there is the continued need for separation of the professions of a barrister and solicitor is one that is open to discussion. Reason being is that both the legal profession's have a similar output but it is not possible to belong to both the professions. However that doesn't put limitations on the solicitors or barristers to remain in one legal profession. It is possible for a solicitor to retrain for the profession of a barrister, vice versa Things that separate solicitors from barristers are the roles, traditions, training, professional body, qualifications, association with clients and legal responsibility. Barristers also wear wigs in court whilst solicitors don't. A difference which was altered by the Courts and Legal Service Act 19901 and Access to Justice Act 19992 is the profession of a private solicitor has now become more like a barristers. Meaning that they are able to advocate for their clients in higher courts; this doesn't change the fact that they are required to do most of the paper work whereas a barrister can do some of the paper work. Advocate means that they support, give advice and help their client's to be heard in court. Before the introduction of the CSLA '90 lawyers weren't allowed to form partnerships with associates of other professions but the CSLA '90 now allows them to do so. The role of the barrister is to advocate. Fully
criminal law assignment
Criminal Law Law 113 Alan Reed Assignment 2 ~ Criminal Problem Gemma Bolt ~ 053047962 Table of Cases * Abdul-Husain and Others [1999] Crim.L.R 570 * Allan [1965] 1 Q.B. 130: [1963] 3 W.L.R. 677 * Bainbridge [1960] 1 Q.B. 129: [1959] 3 W.L.R. 656 * Brown [1985] Crim.L.R 367 * Clarkson [1971] 1 W.L.R. 1402: [1971] 3 ALL E.R. 344 * Cole [1994] Crim.L.R. 582 * Doughty (1986) 83 Cr.App.R. 319: [1986] Crim.L.R. 625 * DPP for Northern Ireland v Lynch [1975] A.C. 653: [1975] 2 W.L.R. 641 * DPP for Northern Ireland v. Maxwell: sub nom. DPP v. Maxwell [1978] 1 W.L.R. 1350 * DPP v. Camplin [1978] A.C. 705: [1978] 2 W.L.R. 67 * Duffy [1949] 1 ALL E.R. 932 * Hudson and Taylor [1971] 2 Q.B. 202: [1971] 2 W.L.R. 1047 * Lomas 1913 * Olugboja [1982] Q.B. 320: [1981] 3 W.L.R. 585 * Ryan (1996) 160 J.P. 610: Crim.L.R. 320 * Smith Morgan [2000] 3 W.L.R. 654: [2000] 4 ALL E.R. 289 * White [1910] 2 K.B. 124 * Woolin [1999] 1 A.C. 82: [1998] 3 W.L.R. 382 Table of Statutes * Criminal Attempts Act 1981 Elizabeth II HMSO * Sexual Offences Act 2003 Elizabeth II HMSO ss 1 & 63 * Theft Act 1968 Elizabeth II HMSO s9(1)a The question at hand is to discover the criminal liability of Alan, Titus, Celestine, Shay and Shola. Firstly Alan is part of a joint enterprise which is where two or more people are committed to carrying out a common offence1. Here the joint enterprise is
In what ways is the United States constitution a conservative document? What might have been the mot
In what ways is the United States constitution a conservative document? What might have been the mot The United States Constitution has been a cornerstone of the United States political system since its ratification in 1789. It has remained largely unaltered and continues to have a significant effect on political life. It is largely a conservative document in terms of its content. It can however be viewed as quite radical when it is noted that it was a pioneering document instilling a system of government with many new ideas. In this essay, I will firstly define what I mean by conservative; I will then explain some of the reasons why the document is conservative; I will go on to show how the document is in fact quite radical and it is only by our modern ideas about conservatism that it appears so; I will then examine the problems and influences which led the document to take the form that it did. The term 'conservative' can be taken in many ways. In this essay, it will essentially be taken to mean restrictive of any change or action which could be considered radical. Therefore, conservative ideas attempt to maintain the current political order and keep the system stable. With this in mind, the United States Constitution can be viewed in two ways. The document today looks very conservative and restrictive of change, but in 1789 it was very radical. "The Framers have undergone
Problem question on Occupiers liability Act 1957
TORT - NON-ASSESSED SPRING WORK Question Ingrid, a landlord, lets two adjacent flats to Jane and Karl. Jane is an amateur inventor who, as Ingrid is aware , uses the kitchen of her flat to conduct experiments in producing an artificial substitute for petrol. At its present state of development, Jane's invention causes headaches in humans and is fatal to plants. Unfortunately, even before Ingrid initially acquired the building, there were cracks in the partition wall between the two flats and the fumes from Jane's petrol-substitute penetrate through the walls into Karl's flat. Karl complains of headaches, but Jane says that her invention will save Western civilisation. Karl breaks into Jane's flat while she's out, takes the petrol substitute and deposits it in Lucy's garden, a poor old lady who lives nearby. The fumes kill all the vegetation in the adjoining gardens but, when her neighbours complain Lucy says she's too poor and old to do anything about it. When they reach Max's neighbouring land the fumes penetrate a gash in the bark of a tree which overhangs the highway. As a result, 2 months later the branch falls onto the highway and damages Oliver's car. Advise the parties Response Ingrid The Occupiers Liability Act 1957 is concerned with liability of an occupier of premises to his or her visitors. It is essential to establish whether Ingrid qualifies as an occupier
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
Contract Law
Contract Law Question 1. Part A . The Sunday Sentinel has for many years run a weekly crossword competition Readers are invited to complete a large and very difficult crossword, and send it in to the paper. The total prize each week is £5,000, and this is split between those readers sending in correct answers. a) In one week, one of the crossword clues was printed in error, with the result that there was no clue for the word that was supposed to appear in the crossword. It was announced in the Monday edition of the sister paper , the Daily Sentinel, that the competition was cancelled for that week. However, Bel only takes the Sunday Sentinel, and on Tuesday sent in an entry which was in fact wholly correct - she had worked out that the clue was a mistake, and guessed the answer. This was the only correct answer, but the paper refused to pay. The issue that arises here is that did Bel accept the offer contained in the crossword puzzle and in addition did she provide any consideration for her promise contained in the offer? The final issue that needs to be considered is whether the offer once made can be withdrawn or revoked. The general rule is that the offer can be revoked up until the time it is accepted. The offer was announced in the Sunday sentinel and then cancelled the following day. Bel did not post her entry until Tuesday which meant that the newspaper
