Outline how someone currently studying for A' levels can train and qualify either as a Barrister or as a Solicitor.

LAW HOMEWORK a) Outline how someone currently studying for A' levels can train and qualify either as a Barrister or as a Solicitor. Training of Solicitor If a person wants a profession in the legal system it is wise for them to do A' level in law which takes two years. To become a solicitor it is usual to have a law degree which will take three years. The next stage is the one year legal practice course. This is much more practically based than the previous law society finals course and includes training in skills such as client interviewing, negotiation, advocacy, drafting documents and legal research. Even when this course has been passed. The student is still not a qualified as a solicitor. They must next obtain a training contract under which they work in a solicitor's firm for two years getting practical experience. During this two year training contract the trainee will be paid, though not at the same rate as a fully qualified solicitor, the trainee will be supervised at all time. They will also have to complete a 20 day professional's skills course which builds up on the skills learnt on the LPC (legal practice course). At the end of the two years the trainee will be admitted as a solicitor by the law society and their name will be added to the roll (list) of solicitors. Even after qualifying a solicitor has to attend continuing education course to keep their

  • Word count: 1137
  • Level: University Degree
  • Subject: Law
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How do the cases discussed in unit 3 contribute to our understanding of the aims of tort law?

How do the cases discussed in unit 3 contribute to our understanding of the aims of tort law? There are various disparate aims of tort law and they are exercised in different cases and for different reasons. One of the aims of tort law is known as loss spreading and this basically seeks to distribute loss so that liability falls on the stronger party. In the case of Nettleship v Weston, the claimant N was held not to have voluntarily contributed to the harm done because he had checked out the issue of insurance. The learner driver was also held liable because she owes a duty of care same as any experienced driver so she could not argue that she was trying her "incompetent best". In this case, Lord Denning also held that morally, the learner drive is not at fault but legally, she is held liable because she has insurance and it is therefore fair that the burden should fall on her. This embodies a new aim of tort law which is "on whom should the risk fall?" This case helps to add to our understanding, different aims of tort law. C. Harlow has described tort as having various disparate aims. Under the heading of loss spreading, "Atiyah suggests that the principal function of tort is 'social insurance' ". This can be observed in the above case and it is basically a situation whereby the courts seek to place liability on big companies for instance or persons who are better able to

  • Word count: 1004
  • Level: University Degree
  • Subject: Law
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What improvements, if any, will there be to the present law on consent and on mistaken belief in consent in rape cases as a result of the Sexual Offences Bill 2003?

Criminal Law essay Date: 30th October 2003 By: Neville Chiu Tutorial Group: M Tutor: Michelle Dempsey What improvements, if any, will there be to the present law on consent and on mistaken belief in consent in rape cases as a result of the Sexual Offences Bill 2003? Under existing English Criminal law, a person cannot ordinarily be found guilty of a serious criminal offence unless two elements are present: the actus reus or guilty act and the mens rea or guilty mind. The prosecution has to prove that the accused has committed the crime charged and the accused is innocent unless proven beyond reasonable doubt that he is guilty. Actus reus is defined in Haughton v Smith1 as the elements of an offence excluding those which concern the mind of the accused. "An act does not make a man guilty of a crime unless his mind is also guilty." The actus reus of rape is sexual intercourse without consent. Mens reas is defined as the state of mind expressly or impliedly required by the definition of the offence charged. There is a presumption that it is an essential ingredient in every criminal offence, liable to be displaced either by the words of the statute or by the subject matter. If a particular intent or state of mind is an ingredient of a specific offence, which must be proved by the prosecution; but the nonexistence of mens reas is a matter of defense. Thus for a defendant

  • Word count: 2588
  • Level: University Degree
  • Subject: Law
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'The club will not accept responsibility for any loss suffered by customers', would appear to be, what the dance club would define as, an exclusion clause - Discuss.

Contract Law LW1021 Non-Assessed Coursework Question 1 The notice: 'The club will not accept responsibility for any loss suffered by customers', would appear to be, what the dance club would define as, an exclusion clause. However, a number of factors need to be taken into account before we can determine whether this exclusion clause is, in fact, legitimate. In terms of the common law (combined with statutes) we need to take into account three areas: 'incorporation' and 'construction', and more recently, legislation such as the Unfair Contract Terms Act 1977. 'Incorporation' refers to whether the exclusion clause is actually part of the contract witnessed and signed by both parties. There are no problems with incorporation as long as both parties know all of the terms contained in the contract. In this case, I would advise Robert and Lucy that the 'exclusion clause' is in fact, not part of the contract they agreed on with the dance club as they viewed the notice in the club after they had paid (their consideration). I justify my decision based upon the ratio decidendi of Olley v Marlborough Court, Ltd, 1949 where the exclusion clause was not considered to be a part of the relevant contract as 'the plaintiff had not seen it until after she had been accepted as a guest'1. Legislation also supports this. For example, the Unfair Terms in Consumer Contracts 1999 has a list of

  • Word count: 1558
  • Level: University Degree
  • Subject: Law
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Government and politics assignment - Distinguish between a codified and uncodified constitution?

Government and politics assignment Distinguish between a codified and uncodified constitution? A constitution is a body of rules that defines the manner in which a state or society is organised. It sets out the way in which sovereign power is distributed between the government and the people, and between the government's constituent parts. In so doing, a constitution provides a framework upon which more complex rules; structures and processes can be built. There are two types of constitution. A codified constitution consists of a full and authoritative set of rules written down in a single place example the us constitution and the other which is less tangible, often having evolved over time and having become as much reliant on traditions and customs as any written documents. This is the uncodified constitution for example the constitution of the United Kingdom. This does not mean that the constitution of the United Kingdom is un written. The reason why it is uncodifed is because in Britain we do not have a single written document. What are the main sources of the uk constitution? The first source of the UK constitution is the statute law which are acts of parliament. Some of these statutes play a significant role in outlining the extent and distribution of government powers; the parliament acts of 1911 and 1949,for example, limit the power of the House of Lords. Other

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  • Level: University Degree
  • Subject: Law
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Law For Business.

Law For Business 15/02/01 Outcome 2 Chris Lundie Assessment - Part 2 The Maxwell's could raise a claim against the council for being vicariously liable for the employee's actions (Jonathan Wright's). They could claim under Professional Negligence stating that they both suffered a pecuniary loss (pure economic loss - structural repairs estimated £14,000 + extra travelling to work at 150 miles a day) as a direct result of Jonathan's negligent misstatement. In order to do this Stephen and Lesley would need to prove the following: - Show that there was a duty of care owed to them by the council. Regarding negligence there is only one standard of care and that is to take reasonable care in the circumstances. They must then prove that there was a breach of the duty of care owed to them, and through the young surveyor's negligence they suffered a financial loss, and that the council is vicariously liable for the loss. An employer is liable for the wrongful acts or omissions of an employee provided the act is done within the scope of employment. In this case Jonathan prepared a valuation report as instructed, for the council and this would therefore be regarded as being within the scope of employment. Referring to the case Lister v Romford Ice and Cold Storage Co (1957) AC 555 then if Stephen & Lesley's case were to be successful in claiming from the council for loss

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  • Level: University Degree
  • Subject: Law
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The Question "Is The Separation Of Powers In The United Kingdom Constitution Myth Or reality?" Can No Longer Be Posed Once The Constitutional Reform Act Has Received Royal Assent

The Question "Is The Separation Of Powers In The United Kingdom Constitution Myth Or reality?" Can No Longer Be Posed Once The Constitutional Reform Act Has Received Royal Assent During the case of Duport Steels v Sirs (1980) Lord Diplock stated that 'the British Constitution is firmly based upon the separation of powers', if however, adherence to this concept was accordingly clearly apparent in our constitution, why then has the question of its realism ever been posed? This essay will attempt to establish the extent to which conformity of the doctrine of the separation of powers has been adopted in the United Kingdom constitution and thus determine if the passing of the Constitutional Reform Bill will adjust current procedures to adhere flawlessly to this doctrine. The separation of powers is a doctrine that divides the working of a constitution into three distinct branches of executive, legislature and judiciary. The origins of the doctrine date back to the 3rd century BC when Aristotle identified the three elements of the state. In The Politics, he proclaimed that: 'There are three elements in each constitution in respect of which every serious lawgiver must look for what is advantageous to it; if these are well arranged, the constitution is bound to be well arranged, and the differences in constitutions are bound to correspond to the differences between each of these

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  • Level: University Degree
  • Subject: Law
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"What are the distinctions if any between civil and criminal law?"

"What are the distinctions if any between civil and criminal law?" Justice should be the upholding of rights and the punishment of wrongs by the law. Any society has a duty to its citizens to do the best it can to provide them with laws, which, if obeyed, will give them a reasonably safe environment. These laws will also form a framework in which to live our lives. Whether in criminal or civil law we each have a responsibility for our actions towards others. Criminal law is the upholding of standards and punishment of those who break laws and offend against society, theft is an example of a criminal offence. Civil law is there to provide a system for individuals to resolve their disagreements in a way, which is both efficient and ultimate. Breach of contract and defamation (also known as libel and slander) are two examples of offences that would be heard under civil law. " The Criminal Justice System exists to help protect us from crime, and to ensure that criminals are punished. The Civil Justice system is there to help people resolve their disputes fairly and peacefully"(Lord Irvine of Lairg, Lord Chancellor, Modernising Justice 1998) There are seven main differences between Civil and Criminal law. The purpose of the two types of laws, the people who bring the cases to court, the courts hearing the cases, the terminology used in the different laws and the different

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  • Level: University Degree
  • Subject: Law
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On December 23, 2003, the Supreme Court of Canada said in a decision that Canada's laws against possessing small amounts of marijuana do not

MARIJUANA Should Marijuana be decriminalized? Amandeep Sekhon Introduction to Canadian Legal System -1010U (40300) Dr. Wesley Crichlow November 08, 2005 Canada's marijuana law and the debate over decriminalization have finally initiated. Officials have taken a step forward. Ever since marijuana was first banned in Canada under the 1923 Opium and Drug Act, those who oppose believe the criminal penalties set for possession of the drug is too harsh. However, since May 1997, illicit drugs such as marijuana have been covered by the Controlled Drugs and Substances Act (Khoo, 2004). The decriminalization supporters position facts with popular beliefs being that marijuana is unhealthy and leads to criminal provocation. However, in keeping marijuana illegal, this does ignore the facts that marijuana is also used for medical or religious purposes and that drugs users are our fellow citizens who are incarcerated rising the level of prisoner population in Canada. Though, effective July 31, 2002 Canada became the first country to adopt a system regulating the medicinal use of marijuana. This paper will discuss the current issues of the marijuana addressing both sides, and also support marijuana decriminalization by the OSDUS survey report and Supreme Court cases. The question is not whether to support or not support marijuana use, most people are better off not using marijuana. The

  • Word count: 2052
  • Level: University Degree
  • Subject: Law
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Medical Law: Capacity and Consent

Medical Law Coursework Common law has protected the personal and bodily interests of the individual through the law of trespass. When a patient undergoes treatment, it is the provision of consent that prevents the doctor from being held liable for a battery or for negligence. The essential elements to a valid consent can be summed up as follows: a) the patient must have sufficient understanding, otherwise known as the mental capacity to make the decision, b) the patient must consent (or refuse) the treatment of his own free will, with no duress or undue influence, and c) the patient must have been given sufficient information about the proposed treatment.1 patient is capable of making such decisions, his consent or refusal will be valid. The case of Re C held that capacity was the comprehending and retaining of treatment information, believing this information and weighing the information in the balance and arriving at a choice. The MCA now provides a fourth requirement that the patient must communicate his thoughts. Adults are presumed to have capacity to consent to treatment from the age of 18. For competent adults, the power to consent to treatment includes the right to refuse treatment. This right is premised on the right of each individual to autonomy and personal integrity. In the words of Justice Cardozo: "Every human being of adult years and sound mind has a right

  • Word count: 2059
  • Level: University Degree
  • Subject: Law
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