Dispute Solving - Solicitors, Barristers, and Legal executives
Module 2 - Dispute Solving Solicitors, Barristers, and Legal executives The English legal system is unusual in having 2 legal professions; solicitors and barristers. Most legal professions have lawyers who although specialise they qualify in the same way. Historically solicitors represented by the LAW SOCIETY and barristers represented by the BAR COUNCIL reached an agreement to divide the legal work between themselves basically this gave solicitors sole right of access to clients and barristers sole rights of access to the courts. In recent years this division has been broken down, solicitors have increasing access to the courts while barristers have some access to clients. Training of Solicitors Law society Law degree Non-Law degree 1 year common profession exam Legal Practice Course - 1 year (have to pay own fees) Training Contract - 2 years + 3 years before you can set up your own practice Bar Council Law Degree Non-Law degree 1 year common profession exam Inns of Court Grays Lincons Middle Temple Inner Temple All based in London Bar Vocational Exam year 8 Dinners Get 2 barristers to take you on Pupilage year 6 months with each barrister. First 6 months was unpaid, but not set at national minimum rate. 2nd 6 months is paid at national minimum rate Can stay for longer than 1 year but will still only receive same rate of pay Called to 'Bar'
![This paper discusses the start-up, organisation and conduct of the company "Anders & Birgitte" (A&B) from a legal perspective. The case presented addresses a series of events taking place between February 1, 2005[1] and February 14, 2005](https://mbt-essays-prod-public.s3.eu-west-1.amazonaws.com/81057/listing/81057_1.jpg)
This paper discusses the start-up, organisation and conduct of the company "Anders & Birgitte" (A&B) from a legal perspective. The case presented addresses a series of events taking place between February 1, 2005[1] and February 14, 2005
Table of Contents . Introduction 2 .2. Choice of Law 2 .3. Timeline 3 2. Formation of Company 4 2.1. Recommendation for A&B 6 3. Agreement between A&B and DF 7 3.1 Outline of Possible Agreements 8 3.1.1 Employment Contract 9 3.1.2 License Agreement 10 3.2. Recommendation of Agreement 11 4. The Events taking place between February 1 and February 14 12 4.1. Recourse against Designers 12 4.1.1. A&B purchases the design 12 4.1.2. DF are employees of A&B 14 4.2. Birgitte's Liability 15 4.3. Injured Costumer 17 4.3.1 Insurance 20 4.4. Assumptions made for 4.5, 4.6 & 4.7 21 4.5. A&B's Obligations towards the buyers 21 4.6. Price of T-shirts claimed on February 15 23 4.7. Discount for students ordering after Midnight 25 5. List of references 28 Appendix A 29 . Introduction This paper discusses the start-up, organisation and conduct of the company "Anders & Birgitte" (A&B) from a legal perspective. The case presented addresses a series of events taking place between February 1, 20051 and February 14, 2005. We have not found it necessary to introduce the actual case further in this introduction, since all incidents will be covered within the respective parts of the paper. However, we will briefly cover two main issues as these are considered fundamental for the subsequent discussion: 1) Choice of Law and 2) Timeline of occurring incidents. The first part of the
Concept of criminal liability - revision notes.
Module 3 - Concept of criminal liability MENS REA - Guilty Mind ACTUS REUS - Act Done Mens Rea and NO Actus Reus = No Criminal Liability NO Mens Rea and Actus Reus = Strict Criminal Liability Basic criminal procedures Criminal: - * Arrested and charged by the police * CPS * Appear in Magistrates Court at 1st opportunity. Preliminary hearing (committal proceedings) The Defendant pleads guiltily or not guilty. Magistrates set a date for next hearing. * A date set for sentence or subsequent trial. Bail conditions set or rejected. Legal aid may be given. Magistrates may throw the case out because there is no case to answer. There are 3 criminal cases: - . Summary - Only ever heard in Magistrates Court 2. Trial Either Way - 1861 OAPA s47 ABH / Mode of trial hearing 3. Indictable - Serious offences heard in Magistrates then Crown The main functions of an Appeal court is to: - * Uphold the decision * Overturn the decision * Substitute a lower sentence * Substitute a lower offence * Order a retrial Judicial Precedent Law can be made in a court or be passed by Parliament. R v R 1991. This is a good example 1956 SOA Criminal Liability . THEFT ACT 1968 s1 "A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention to permanently deprive the other of it; and 'theft' and 'steal' shall be construed
Homicide - Maltese Law.
HOMICIDE Maltese Law Manzini commenting on the offence of wilful homicide, considered that, [o]ggetto della tutela penale, in relazione ai delitti di omicidio, è l'interesse dello Stato concernente la sicurezza della persona fisica, in quanto riguarda particolarmente il bene giuridico della vita umana, considerato nella relazione fra uomini.1 From this reflection it seems quite evident that the law in creating the offence of wilful homicide, tries to protect human life from ending preternaturalmente per il fatto dell'altro uomo.2 Some authors thought that, homicide could be simply defined as: la uccisione dell'uomo commessa dall'altro uomo.3 Carrara however observed that this definition is rather unsatisfactory, as it excludes an essential characteristic of the material element of the offence. The death of a person, which could in some way or another be attributed to another person, does not necessarily entail the perpetration of a homicide. Thus Carrara opted for a more precise definition of the material element of the offence. He stated that [l']omicidio...si definisce - la strage dell'uomo ingiustamente commessa da altro uomo.4 The definition of wilful homicide in section 211(2) of the Maltese Criminal Code, is to a certain extent even more complete than the above statement as it incorporates also an illustration of the mental element. Under this section, A person
The Two Judgments: Golaknath and Kesavananda Bharati - The purpose of this article is not to criticize the judgment, but to give its effect and the changes it made in the previous constitutional position of fundamental rights.
The Two Judgments: Golaknath and Kesavananda Bharati* by K. Subba Rao (Ex-Chief Justice of India) Cite as : (1973) 2 SCC (Jour) 1 The purpose of this article is not to criticize the judgment, but to give its effect and the changes it made in the previous constitutional position of fundamental rights. Before considering the effect of the recent judgment, it would be convenient at this stage to notice the scope of Golaknath judgment for two reasons: (1) there is misapprehension as regards the scope of the said decision and (2) it would help to ascertain how far and to what extent, the fundamental freedoms of the people, as recognised by that decision, have been changed by the recent decision. In that case the landlord questioned the constitutional validity of an Act passed by the legislature taking away the fundamental rights in an estate. The Supreme Court dismissed the petition of the landlord. That is to say, contrary to the impression created by propaganda, the rich man lost the case. In effect it laid down the following propositions: (1) All the amendments made up to the date the judgment was delivered, were valid. (2) The amendment under Article 368 being law, it is subject to the provisions of Article 13 and therefore if the said law takes away or abridges the fundamental rights, except in the manner and to the extend prescribed by Part III, it will be void.
Where judges do not follow precedent (or where they distinguish binding cases on dubious grounds, as explained later) the result is to introduce great uncertainty into the law.
Even in non-legal groups the idea of precedent is strong, and many social groups apply informal rules based on the way that things have always been done. Almost any concept of justice requires that like cases be treated alike, and this is the basis of the doctrine of precedent applied to a greater or lesser extent in every developed legal system. It is clearly desirable for the law to offer certainty, and so the practice is that once a judge has declared the common law to be such-and-such, his brethren generally follow suit. It is this principle of stare decisis - "that which is decided is to stand" - that forms the basis of common law. Where judges do not follow precedent (or where they distinguish binding cases on dubious grounds, as explained later) the result is to introduce great uncertainty into the law. The five cases below illustrate this all too well. Cundy v Lindsay (1878) LR 3 AC 459, HL A rogue Blenkarn, writing from 37 Wood Street, purported to represent the highly respectable firm of Blenkiron & Co (123 Wood Street) and so obtained goods from RR without paying for them. He sold the goods on to AA, who bought in good faith, but when RR sought to recover the goods (which had never been paid for) the House said they were entitled to do so. They had no contract with Blenkarn, because they thought they were dealing with Blenkiron & Co., so ownership had never
Predatory pricing strategies in the European union: A case for legal reform.
PREDATORY PRICING STRATEGIES IN THE EUROPEAN UNION: A CASE FOR LEGAL REFORM Until now, in-depth analyses concerning predatory pricing have, to a large extent, been scarce in European Union Competition Law, and relevant questions been rarely dealt with by the competent authorities and courts in the Union; criticism produced by European academics or practitioners on the subject has also been rather infrequent. [FN1] By contrast, on the other side of the Atlantic, academic activity, mainly initiated after 1975, the year of publication of a seminal scholarly article attempting to delineate an appropriate standard to cope with this issue, [FN2] has not only been rich, but has also furnished American judges with the appropriate legal and economic basis on which they grounded their numerous holdings. Given this lack of experience in the E.U., would it be wise to assume that a potential incorporation in its Competition Law system of the American standards on predatory pricing may be successful, and under which circumstances? Would, perhaps, the different conditions currently prevailing in the two markets undermine the accuracy of such incorporation? And, in any case, may such differences be properly reconciled with this proposal? This article suggests that an adoption of the American conclusions on predatory pricing issues may indeed be successful. To prove the truth of the
Irish Contract Law - In the post-1922 period, Irish legislation in the area of contract has not been particularly noteworthy. In particular, Ireland has not legislated in the area of mistake or frustration. The answers to the questions presented to us b
Contract Introduction Irish contract law is rooted in the Common law tradition. Until the Foundation of the Irish State in 1922 the structural links between the Irish legal system and the English common law were extremely strong1. The administration of justice revolved around the same court structure as that found in England (E.g. Irish courts of common law and Irish courts of equity, etc.) and with the abolition of the Irish Parliament in the 1800 Act of Union the Westminster Parliament legislated for Ireland until 1922. As a result, some of the key statutes that were in force in Ireland, statutes that passed into Irish law in 1922 by way of transitional provisions in Treaty law and under statute, were Westminster Parliament statutes. Indeed, the Sale of Goods Act 1893, as amended by subsequent Irish statutes, remains the basis of Irish sale of goods law. Cases decided by the English courts prior to 1922 are regarded as being of significant precedent value and the doctrine of stare decisis is followed by Irish courts. Post-1922 English cases are not binding on Irish courts but decisions of the English appellate courts, and the House of Lords in particular, have strong persuasive value. Cases from Australia, New Zealand and Canada have also been followed by Irish Courts. In the post-1922 period, Irish legislation in the area of contract has not been particularly
The aim of this project is to explore and analyse the role of the victim during criminal proceedings. The project aims at analyzing the interaction of the victims with the constituent elements of the criminal justice system ie. the police, lawyers and cou
* Table Of Cases . Bhagwant v. Commissioner of Police, AIR 1985 SC 1285. 2. Bodhisattvwa Gautam v. Subhra Chakraborty, AIR 1996 SC 922. 3. Challa Ramakonda Reddy v. State, AIR 1989 Andhra Pradesh 235. 4. Delhi Domestic Working Women's Forum v. Union of India, (1995)1 SCC 14. 5. Gudalure M.J Cherian v. Union of India, (1995) Supp.(3) SCC 387. 6. Hari Kishan and State of Haryana v. Sukhbir Singh, AIR 1988 SC 2127. 7. Kasturi Lal v. State of UP, AIR 1965 SC 1039. 8. Pandit Paramanand Kaara v. Union of India, AIR 1989 SC 2039. 9. Rudal Shah v. State of Bihar, AIR 1983 SC 1086. 0. Sebastian M. Hongray v. Union of India, AIR 1984 SC 1026. 1. State of Punjab v. Gurmeet Singh, AIR 1996 SC 1393. * Table Of Statutes . Code of Criminal Procedure, 1973. 2. Constitution of India, 1950. 3. Indian Medical Council Act, 1956. 4. Indian Penal Code, 1860. 5. Probation of Offenders Act, 1958. * Introduction "For too long, the law has centred its attention more on the rights of the criminal than on the victims of crime. It is high time we reversed this trend and put the highest priority on the victims and potential victims" - President Gerald R. Ford1 The available historical work in the field of criminal law relating to the role of the victim in criminal proceedings reveals a steady evolution away from the "private," or individual, sphere to the "public" or societal one.
Is the Doctrine of Double Effect legalising Euthanasia by the back door
Is the Doctrine of Double Effect legalising Euthanasia by the back door? 0326110 In order to fully discuss this question, the definitions of both double effect and euthanasia must be established and the medical, moral and legal aspects compared. Lord Edmund Davies surmised how these aspects may lead to radically different interpretations when he stated that "killing both pain and patient may be good morals but it is far from certain that it is good law"1. In light of this it is fundamental that it is established whether or not euthanasia has become a legalised tenet of British justice "by the back door" so to prevent miscarriages of justice in a medico-legal sphere. It is worth including here the plea by Pope John Paul II in his encyclical Evangelium Vitae: "I renew the appeal that I made in the Encyclical to the whole Church: to scientists and doctors... especially to jurists and lawmakers. It will be through everyone's commitment that the right to life will be concretely applied in this world. Only in this way will we overcome that sort of silent, cruel selection by which the weakest are unjustly eliminated."2 Indeed, the Hippocratic Oath swears that "I will neither prescribe nor administer a lethal dose of medicine to any patient even if asked nor counsel any such thing nor perform the utmost respect for every human life from fertilization to natural death"3. This stance
