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Identify Case Law
In the following essay I will be covering the different case laws that are seen to by judges and
identifying if judges should be creating or making new laws and interpreting Acts of parliament as
they please for each individual case. I will also be exploring and analysing the case and advising if
there will be claim against "Karen and Win or Lose Electronic Shop" under breach or terms or
misrepresentation.
As society has become more developed and more complex we require more formal principles with
the end goal for individuals to live respectively in a precise way. At the point when discussing the
law we are discussing rules that we are obliged to take after. In the event that we commit a criminal
law we need to pay a fine or go to prison, on ... Show more content on Helpwriting.net ...
Every law which is made by the parliament needs to be clearly defined and applied by judges in
accordance with each case being dealt with. While deliberiating on choices about a case a judge
should go by the precedent set by the higher courts concerning the circumstance and conditions
applicable, as this additionally helps the one required for the situation as they are aware they will be
dealt with alike and not arbitraily. The structure of the judicial precendent in the English legal
system, with English law is established on the hypothesis of stare decisis. Stare decisis is the
doctrine that rules principles of law on which a court rested a past verdict are defintive in all future
cases, in which factors are similar. Judges need to follow these previous decisions which is a
'binding precedent'.
Ratio deidendi is a fundemental part of a judgement. It means the judge's reason for the decision
decided and is part of making a binding precedent. Obiter dicta meaning 'other things said' is part of
the judgement in the case a binding precendent is not
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Before The Norman Conquest, The Administration Of Justice
Before the Norman conquest, the administration of Justice was integrally given to local courts
accordingly to local customs. There was no idea of centralisation. The situation changed when
William the Conqueror gained the throne in 1066, because he set up the Curia Regis based in
Westminster with judges approved by the King. In 1156, 'itinerant Royal justices' was created, so
that judges appointed by the King can dispense justice in his name in the whole country. The King
didn't abolish the former system, but created another one. People could choose the system they
would be judged by. There was a preference for the royal court. These itinerant judges gradually
elaborated a common uniform jurisprudence in the whole England. Common ... Show more content
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Parliament is sovereign, therefore the law it makes prevail on any other source.
We will focus the working of statutory interpretation (A), then look if it's regulated by the law (B)
and scrutinized rules of interpretation (C).
A) The operation of statutory interpretation
Statutory interpretation deals with Statute law. Indeed an interpretation may be required when there
is an ambiguity or if there is an error made by Parliament. Rolle of judges is to ascertain the
intention of Parliament. The intention of Parliament is a delicate concept for representing the
majority option of Member of Parliament how is representative for the United Kingdom citizens.
For all Parliament is the legislator, Courts must apply legislation through the discretion of judges.
However lawyers and barristers may also interpret the statutes to convince the judges.
Courts have several roles. There is a dichotomy between statuary interpretation and statutory
construction. The first one is « the provision of meaning to the words in a statute by a court » and
the second one is « the resolution of ambiguities or uncertainties in a statue ».
B) Is statutory interpretation binding of any kind of rule of law ?
Statutory interpretation is mandatory for judges, only the way of interpretation is not mandatory.
Parliament has given the courts some sources of guidance on statutory interpretation.
The interpretation Act 1978 provides certain standard definitions of
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Switzerland Legal System Essay
Switzerland's legal system is reliant on a civil law tradition and thus is dependent on written codes
which is held as a primary source for statements of law with authority. Going back in history it is
shown that civil law is composed of a group of legal ideas and systems stemmed from a collection
of fundamental works in jurisprudence, cloaked by Napoleonic, Germanic, canonical, feudal and
local practises including doctrinal strains such as natural law, codification and legal positivism.
Swiss foreign policy has since 1815 been governed by the principle of neutrality, so they did not
support or aid either side to a conflict and remained impartial during the first and second World War.
England's law on the other hand was made by judges sitting in courts thus known as common law so
has become more like Switzerland as legislation has stated to overtake judicial law making. Their
laws are seen to be dominated by statutory law, which generate general principles and sets aside
functional and procedural rules. Unlike the United Kingdom judicial decisions are not rated as high.
Switzerland is a federal union, meaning civil procedure and the make–up of the judiciary are
governed by state law of 26 cantons, in unifying the various cantonal rules enshrines the rights to
take part in decision making process's on Federals state level, having equal share in the central
legislator. Switzerland is also not a part of the European Union despite having strong ties into the
EU. Its legal
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Legitimacy Of Courts During The Judicial System
Legitimacy of courts has long been an important factor in the judicial system. However, a more
recent concern has been diversity. It is becoming increasingly important for the court to represent
those who it serves. "The ECJ's composition remains unreflective of the millions of black and
migrant European Union citizens whom it serves". Judgements of both the domestic courts of
England and Wales along with the European Court of Justice, affect the everyday lives of all EU
citizens – including those of minority and underrepresented groups. "Outcomes should not be
influenced by considerations of political or financial consequences". Independence is important as it
is vital that each judge is able to decide cases solely on the evidence presented to them by the parties
in court. Personal independence is always necessary to ensure that the judiciary as a whole of both
the land or the community remains independent. In order for the courts to be fully independent, they
must represent the diversity of the people and make decisions in accordance with the law with no
other influences. With the growing influence of the government over the last century it has become
increasingly important that the judiciary fulfils its responsibility to protect the public against
unlawful acts of the government. What has therefore also become increasingly more important is the
need for the judiciary to be completely independent from the government. The evidence suggests
that the courts nowadays are not
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Diversity Judicial System Analysis
In this essay I will define what is judiciary and be discussing the statement that "there is a strong
case for more diverse judiciary. Not only should there be equality of opportunity for those entitled to
apply". I will discuss about the judiciary that reflect the diversity and legal profession as whole,
make reference to the role of the judiciary, their selection, and training.
Judiciary is a system that interprets and execute the laws in the state, the role of the judiciary is to
supervise the conduct of a trial, sole arbiter of legal issues, has the power to deal with civil cases and
decide the result, interpret and clarify the law, has the right to deal with criminal cases and to sum
up to the jury and to pass sentence on those who plead guilty or have been convicted.
For many centuries the House of Lords was the supreme court of appeal for the entire UK in civil
cases and for England, Wales and Northern Ireland in criminal case. There are three types of legal
system in the United Kingdom and these are executive, government and legislature; one each for
England, Wales, Scotland and Northern Ireland. There was a time where Scotland, Ireland and later
Northern Ireland retained the Acts of Union in 1707 and 1800.
The justice system has state of three systems that ... Show more content on Helpwriting.net ...
The United Kingdom constitution can be recognised in the statutes passed by the parliaments and in
the common law, as the law has build–up over the centuries in the decisions of the courts. Other
countries like United states, France and German has a written constitution and that has a higher
status than the standard legislation and constitutional provision that may only enacted and repealed
by a special method that vary from the procedure for making and repealing standard
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The Relationship Between Solicitors And Society
The relationship between solicitors and society is a unique one. If law is the system of rules which a
particular country or community recognizes as regulating the actions of its members , then solicitors
are the agents who operate in its vast framework, acting as a voice for the people. In this sense, it is
undeniable that the legal profession exists to serve society as well as the court. Because of the nature
of this relationship the conduct of solicitors is paramount in ensuring that public trust is maintained
in the services solicitors offer. This has resulted in the public expectation that solicitors conduct
themselves in an ethical manner. When describing conduct, there are many possible definitions of
ethics. In the oxford dictionary ethics is defined as 'Moral principles that govern a person's
behaviour or the conducting of an activity'. Tracey Calvert (a regulatory compliance specialist and
member of the policy team which drafted the SRA handbook) defines ethics as 'Behaviour which
defines the characteristic between professional and employer' . When applied in the context of law,
these definitions suggest that a set of values should shape the behaviour of solicitors, as well as their
relationships with their clients. This is supported by Professor Andrew Boon's definition of 'legal
ethics' where he defines the term as ''The study of the relationship between morality and Law, the
values underpinning the legal system, and the regulation of the legal services
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To what extent are UK judges both independent and neutral?...
Unit 2 Stimulus – The Judiciary
1a) With reference to the source, describe the measures that exist to maintain the independence and
neutrality of the judiciary.
The independence of the judiciary from the executive and legislative is said to kept by things like
their fixed salaries and sub judice rule. Their salaries 'are paid from the Consolidated Fund' and
aren't fixed or changeable by Parliament or the government which keeps the judiciary free from
political pressure in terms of finance. The sub judice rule is where the MPs in the House of
Commons are unable to comment on current or pending cases. This keeps the judiciary free from
political interference and prevents prejudice against judicial decisions. This rule is followed by ...
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It was, therefore, seen as a breach of judicial independence. However following the creation of the
Supreme Court in 2009, senior judges no longer sit in the House of Lords which means are free of
political influence and decision making – and in effect – from the legislature as they can speak out
against the government.
1c) To what extent are UK judges both independent and neutral?
Judicial independence is based on the freedom of the judiciary from the interference by the two by
the two other branches of government: the executive and legislature, in its activities, as well as
freedom from pressure exerted by the media or public opinion. Judicial neutrality is the absence of
bias in the judiciary for example; religious, social, gender, political or racial bias. UK judges are
generally seen to possess both independent and neutral qualities. They are independent and neutral
to a large extent as the Constitutional Reform Act in 2005 has increased their independence and
existing measures such as security of their job and salary, as well as sub judice rule, the growth of
judicial review and increased European influence maintains existing independence. Neutrality is
increasing the judiciary as its social representation is improving and the biased attitudes of judges
towards national security have been changing. However independence and neutrality is still limited
as there have been biased judgements against certain social groups, biased judgments in favour of
national
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Australia 's Legal System Is Based On The English Legal...
1. Australia's legal system is based on the English legal system." To what extent is this statement
correct? Discuss.
Understanding of law: Law can be defined as a system of rules and regulations that are enforced
through social institution to govern the country which can be made by legislatures by legislation,
executives or judges through binding precedent. The law can be regarded as a constitution enforced
that shapes politics, economics and society in various ways .
Every country has different binding rules and regulations that enacts people to be governed by
accepted rules rather than by the arbitrary decisions of rulers. Such rules should be general, certain
and apply equally to all individuals. Thus, the purpose of law is to preserve the freedom and moral
agency. Thus, Law can be defined as the body of principles recognized and applied by the state in
the administration of justice .
English legal system
The set of rules and regulations enacted by the law of England and Wales is known as English legal
system where the parliament of the United Kingdom is the supreme legislative institution. The
Royal Courts of Justice is the seat of the High Court of Justice and the Court of Appeal known as
Commonwealth of Nations and Judicial Committee of the Privy Council. US constitution is also
highly influenced by the British law in which English legal system includes judiciary, legislation
and common law. Being Britain as a strong international trading nation, the law is
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Impact Of The Human Rights Act 1998
1.2 THE HUMAN RIGHTS ACT 1998
An Act to give further effect to rights and freedoms guaranteed under the European Convention on
Human Rights; to make provision with respect to holders of certain judicial offices who become
judges of the European Court of Human Rights; and for connected purposes.
The Human Rights Act 1998 (c42) is an Act of Parliament of the United Kingdom which received
Royal Assent on 9 November 1998, and mostly came into force on 2 October 2000.[1] Its aim was
to incorporate into UK law the rights contained in the European Convention on Human Rights. The
Act makes a remedy for breach of a Convention right available in UK courts, without the need to go
to the European Court of Human Rights (ECtHR) in Strasbourg.
In particular, ... Show more content on Helpwriting.net ...
The HRA has not significantly altered the constitutional balance between Parliament, the Executive
and the Judiciary.
Impact on policy formulation
The HRA has had a significant, but beneficial, effect upon the development of policy by central
government.
Formal procedures for ensuring compatibility , together with outside scrutiny by the Parliamentary
Joint Committee on Human Rights, had improved transparency and Parliamentary accountability.
The HRA leads to better policy outcomes by ensuring that the needs of all members of the UK's
increasingly diverse population are appropriately considered. It promotes greater personalisation and
therefore better public services.
Myths and misperceptions
The HRA has been widely misunderstood by the public, and has sometimes been misapplied in a
number of settings.
Deficiencies in training and guidance have led to an imbalance whereby too much attention has been
paid to individual rights at the expense of the interests of the wider community.
This process has been fuelled by a number of damaging myths about human rights which have taken
root in the popular
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The Structures Of Health And Social Care Within The...
This assignment will be describing the structures of health and social care within the British Welfare
state. This includes looking at the roles of different sectors, agencies, professions and the distinction
between health and social care. It will then analyse the relationships between both health and social
care and its wider historical, ideological and social context. Lastly, it will compare structures and
contexts of health and social care within two nations of the United Kingdom. The idea of the welfare
state can mean something different in each and every country. There is an ideal model of the welfare
state which is where society accepts the responsibility for things such as the ground work and the
provision of wide ranging and ... Show more content on Helpwriting.net ...
The three principal elements have become identified in practice within the institutional model of
welfare. "The key elements are social protection, and the provision of welfare services on the basis
of right." (Spicker2014) The social welfare in the UK is very different in practice for example
benefits and services are delivered at minimum level as the coverage it widespread and can be too
costly or even extensive. The social protection in which the welfare state provided is irregular and
unpredictable and the services are rationed very tightly. As the services have been contracted out to
self–reliant providers the control over the quality and reliability of social protection had been even
more difficult to maintain. (Spicker2014) In1948, the Nation Health Services separated both older
people and disabled people into two categories one group who they thought was sick and the other
group for the people needing care and attention. The people who were thought to be sick were
placed in hospitals and the people who were thought to need care and attention were placed in
residential homes. The local authorities were able to charge for the individuals using th residential
homes even if they were deemed as sick or needing care and attention but
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The Differences Between Parliamentary & Presidential System
Differences between Parliamentary system and Presidential system [Judiciary]
In relating both systems, parliamentary and presidential systems are currently using different
judiciary system to enforce law in society. Before entering judiciary segment, it is essential to
understand the definition of judiciary where it can be noted that:–
"...Judiciary is commonly considered the third branch of government. It stabilizes the political
system by solving disputes involving the country's law..." (Barrington, 2010, p. 280)
"...It is emphatically the province and duty of the judicial department to say what the law is..." John
Marshall cited in (Woll, 1992, p. 251)
From this definition above, the judiciary simply implies the body or branch that play ... Show more
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Administration of law in United Kingdom is different with United States of America, this can shown
in:–
"...The United Kingdom does not have a single body of law applicable throughout the kingdom.
Scotland has it is own distinctive system and courts, and in Northern Ireland certain spheres of law
differ in substance from those operating in England and Wales.
The main civil courts in England and Wales are:
Magistrates ' Courts
County Courts for small cases and
The High Court, which is divided into
The Chancery Division,
The Family Division, and
The Queen 's Bench Division (including the maritime and commercial courts), for the more
important cases..."
(The United Kingdom Judicial System)
But in United States of America the courts that operating are:–
"...Supreme Courts consisted of six justices, who rode the circuit as judges of the Courts of Appeals.
The courts was reduced to five members at one time and expended to ten at another. Since 1869,
The Supreme Courts has consistently had nine members. And since 1891, the justices have no had to
serve on courts of appeal, although each justice has some responsibilities with at least one appeals
court..." (Woll, 1992, p. 268)
The differences are can be shown when comparing the administration on judiciary branch. In United
States of America the judiciary branches are administered by congress because:–
"...Generally, Congress determines the jurisdiction of the federal courts. In some cases,
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Characteristics Of The United Kingdom Judicial System
Introduction
The judicial system of the United Kingdom exists as a complex and intricate system of law that has
been practiced, and adjusted over a thousand years to reach the point as is known in the present. The
complexities of the judicial system presents itself as different variations of the legal system within
the United Kingdom, where although they have their differences, they also share certain similarities
between them. One such similarity is that they all hold certain requirements for Judges which exist
as a centralized idea within the judicial system, as they are not entirely separated between the
varying legal systems of the United Kingdom. The complexities and similarities of the United
Kingdom's judicial system will be explored through their: structure, documentation, categorization,
and the requirements of judges; where all of which will create a clearer picture to better understand
how these elements operate. The paper will be divided into two categories: the Judicial System, and
the Requirements of Judges. First, the judicial system will be explored through it's structure,
documentation, and classification of a legal system; and secondly will move into the certain
requirements that judges have in the United Kingdom. Both elements serve to essentially build a
foundation that explains a clearer picture of how the judicial system of the United Kingdom
practices law, and the expectations those in power hold.
PART I – The Judicial System: Structure,
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How Do Recent Legislative Developments Affect The British...
When critically analysing how recent legislative developments have affected the British
Constitution, there are many different aspects to take into consideration. We need to consider the
nature of the British Constitution, which has been widely accepted as uncodified, being found in
Acts of Parliament, Court Judgements and Conventions. Whilst there is no written document
forming the Constitution, there are understood to be governing principles. These include the need
for the separation of powers and Parliamentary sovereignty. Three primary legislative developments
affecting these principles are: The separation of powers within the United Kingdom, the Legislature,
the Judiciary and the Executive, have been made much clearer over the years, ... Show more content
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The main issue that should first be outlined is that it can be argued that the Human Rights Act
causes an imbalance. The Act favours the judiciary over both the executive and the legislature as it
gives the judiciary the power to impose their authority over the other two. Section 3 of the Act gives
the judiciary the power to read and give effect to primary and secondary legislation in a way which
will be most compatible with the Convention Rights. This puts the judiciary in a sufficiently decent
position when interpreting legislation passed by the executive and the legislature due to the Act
allowing them to declare incompatibility with the European Convention on Human Rights and
therefore negating the provision in question. The case of R v A demonstrates the challenges that
other legislation has faced due to the ability for the judiciary to declare incompatibility. This was
due to section 41 of the Youth Justice and Criminal Evidence Act 1999 restricting the admissibility
at trial of evidence relating to the sexual behaviour of those who made allegations of rape. The aim
of Parliament was clearly to prevent making the victim uncomfortable by being asked questions of
sexual history which could impact willingness to report crime and the prospects of a successful
prosecution. However the judiciary position was that upholding the defendant's Article 6 right to a
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Explain How Diverse Judiciary Works In A Diverse Society
In this essay i will examine how diverse judiciary works in a democratic and diverse society.
Democracy has a strong expression on how laws interprets. Judiciary in a democratic and diverse
society has bee a common and significant attention subject in England and Wales, in recent years
due to need for more women judges. The Judicial appointments system was changed in 2006 in
order to replace the old system of 'tap on the shoulder' and the 'secret soundings' Appointments
Commission operate a clear, open and honest system based on applications and appointment, in
order to increase diversity of those applying for judicial office. In 2011 , the House of Lords
Constitution Committee held and inquiry into judicial appointments, which had put in more
attention into the issue of judicial diversity. In 2013, the Crime and Courts ... Show more content on
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Women as a whole are a big issue in judiciary and this matter should be work on and improved
every year, but women also should be treated the same as means are in order to give everyone the
same opportunities. But as a whole diverse judiciary in democratic society should be also worked
not only on the basis of more women as judges, but the and advantage of England as most
multicultural country in the world and give also opportunity for those who come from different
historical background. In order to work well in democratic society citizens of the country should
have a world in what to change and how in order to work well and make a change. Citizen makes a
society in which we all live in so in order to improve the diverse judiciary the all citizen no matter of
the the background should get equal opportunities for judicial roles and make the country more and
fully work well democratic society as a whole not only as a
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English Legal System Course Work Id 1414686
English legal system course work ID 1414686
My visit on the 15/12/14 at the Croydon magistrate court was to observe the court proceedings and
how the civil and criminal justices system operates in England and wales. Also how magistrates and
judges decides cases and why they arrived at certain decision. I arrived earlier in court pass the
security checks and went in the court office and explain my purposed of visit. I attended court
number eleven which was very busy with cases that day. Court commence at exactly ten in the
morning, the presiding magistrate Mr Knowles and two other magistrates, they are also known as
justices of the peace, section 121 magistrates court Act 1980. The two other magistrates are Miss
Gostic and Miss ... Show more content on Helpwriting.net ...
After reading the charges against the defendant, the presiding magistrates ask the defendant if he
understanding the charges against him. And also if he is going to plead guilty or not guilty. In this
cases the defendant entered into an early plea of all the charges against him.
Early plea in any cases in the UK and Wales is very significant. One it quick, it's save time and
money Wolf Report. The magistrate then commence sentencing hearing. He first consult the court
assistance and in sentencing the magistrate has to consider the guide line sentencing council 2010.
Because of this cases is an early plea case, the magistrate has to consider the gravity of the case and
the circumstances of the accuser. In carrying out the sentencing the judge told the defendant that the
offence he committed was enough to send him to prison, but because he pleaded guilty he will
reduce his sentence to twenty months of not drinking any vehicles in the United Kingdom and Wales
he should also be given two years' probation period. In this time he should not committed any crime
or be seen in any crime scene. He will be arrested and send to jail if he break his probation rules.
Normally in this types of case the defendant should have been sentence to at least six months in
prison but because of the early plea and the circumstance of the defendant that makes the
magistrates to give him lesser sentences. Another very important thing in this cases was, this is the
first time the accuser has
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Introduction. How Alike Are Great Britain And France’S
Introduction
How alike are Great Britain and France's political systems to one another? The British system has
had a lot of gradual steady changes throughout the years. While, the French political model has had
more dramatic radical changes, until about 1958. In 1958 Charles de Gaulle changed the constitution
and set the precedent for the modern semi–presidential system that we see today. In this paper, I will
be comparing both systems to one another and point out their huge similarities.
Great Britain
The United Kingdom has a Westminster Model which is a democratic constitutional monarchy. The
United Kingdom has a constitution that is unwritten that consists of having conventions along with
statutory law and common law, which make up the ... Show more content on Helpwriting.net ...
A vote of no confidence can be called if any government–sponsored bill is defeated in the
Commons. If the vote of no confidence is passed, the Prime Minister must either resign, or ask the
monarch to dissolve parliament, and call a general election. Basically, since a government usually
holds a majority in the Commons, and party 'whips' try to ensure that party members support the
government, governments are likely to win all but the most controversial votes. However, if a
government doesn't have a large majority, then it can bring "backbench" members of parliament into
line, and call three–line whips; votes that are compulsory for members of parliaments to attend.
PARLIAMENT The Parliament of the United Kingdom of Great Britain and Northern Ireland is the
supreme legislative institution in the United Kingdom and British Overseas Territories (it alone has
parliamentary sovereignty). It consists of a head of state (currently Queen Elizabeth II), a bicameral
system with an upper house; House of Lords and the lower house which is the House of Commons.
It also includes an Upper House, called the House of Lords, and a Lower House, called the House of
Commons. The House of Lords is an almost a fully appointed body. The House of Commons, on the
other hand, is a democratically elected chamber. The House of Lords and the House of Commons
meet in separate chambers in the Palace of Westminster (the Houses of Parliament), in central
London. The
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Legal Aspects Of Pre Registration Contracts
1. INTRODUCTION
A business has to undergo various legal procedures before it can become incorporated. Generally, as
a rule, without these formalities the business cannot call itself a legal entity. Once the incorporation
process is done the business can now have own separate legal existence and is allow to enter into
contracts. But in some cases, the business might be forced to enter into a contract before it can be
incorporated and due to this, they may face complications their legality and enforceability and may
be also considered invalid later. These contracts are known as pre–registration contracts. In Australia
there are two main legal bodies namely common law and statue which govern the business law
operations in the country. Pre–registration contracts have different treatment under these two bodies.
(Harris, Hargovan, & Adams, 2013)
1.1 Common Law
The common law was initially referred to in the past as the "Law of England" by some judges and
legal writers. Section 80 of the Judiciary Act 1903 (Cth) had made it mandatory for courts, in some
cases, to apply 'the common law of England '. This was later was amended in 1988 to known as 'The
Common Law in Australia '. Although it was derived from the English common law, there have been
a lot of revisions and additions made to it for it to meet the judiciary needs of the Australian legal
system.
1.2 Statute law
Statute laws are legislations that have been passed through the parliament. The State Parliament and
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Difference Between Common Law And Civil Law
Around the world there are different Criminal Justice Systems to help to keep order in the
jurisdictions to provide a code of conduct which is known as the law. The whole purpose of the
Criminal Justice System is to deliver justice for everyone and this is done by convicting and
punishing the guilty and also to help them to stop offending while also protecting the innocent
(Garside 2008). In different jurisdictions there are even crimes with the same name that have
different definitions. In this essay, England and Wales Criminal Justice System will be looked at
which is formally known as Common Law, Also France's Criminal Justice System will also be
looked at which is known as Civil Law. The differences between the two jurisdictions will be looked
at and also the history of both Criminal Justice systems will also be looked at and also the
punishments between the two jurisdictions. Common Law and Civil Law are contrasted due to
suggesting they have a different understanding of "The State", this will also be looked into to see
why there is a different understanding.
Firstly, the jurisdiction of England and Wales will be looked at and their Criminal Justice System
known as Common Law. The Common Law begins from the traditional and the authority of courts
to identify what law is, even if there is an absence of an underlying statute (Busch 2012). This
shows how in Common Law Tradition, it may include laws such as statutes but it also contains a
body of "Common Law" such as
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The Rule Of The United Land And Mortgage Registry
According to 36(3) article of Act of 6 July 1982 on Land and Mortgage Registers "The performance
of relevant acts connected with the keeping of the land and mortgage registers in the central land
and mortgage registers ' data base shall belong to district courts whose task is to set up and keep
land and mortgage registers in the information technology system."
Likewise, the Land Registry in England and Wales, there are principles upon which the Land and
Mortgage Register operates in Poland, which are called the seven golden rules:
1. The legal certainty – the guarantee of public trust in land.
2. The presumption of the register credibility – the entries mirror the actual legal status.
3. The rule of publicity and openness – everyone has ... Show more content on Helpwriting.net ...
It is necessary to obtain consents and permits when transferring the rights related to the property as
the lack of them may result in the transfer being unsuccessful.
Although, the transfer of the ownership right is legally transferred from the moment of the execution
of the sale agreement in the presence of the notary, it is necessary to update the Land and Mortgage
Registry of the new owner and finalise the transaction. The notary sends the deed and additional
relevant documentation including KW–WPIS form to the local court which is responsive for the
registration. The process is completed when the new owner receives the official notification form
the registry that the transfer is successful. In contrast, when the land is acquired in form of PUR, the
transfer of the right occurs when an entry in the land and Mortgage Register is made, with the effect
from the date of submitting the application (KW–WPIS form).
In contrast to England and Wales where it is compulsory to register leasehold interests, in Poland
leases and tenancies can be disclosed in the register. If done correctly, they become binding over any
unregistered rights when dealing with any disagreements over the land.
Real property can be acquired for ownership in different ways such as purchase, gift, inheritance or
adverse possession. The most common way in modern days is through purchase. Usually, the
individual or business interested in land or property conduct the sale
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Pros And Cons Of The British Constitution
The British constitution can be defined as a framework of rules which interpret the way in which
power is separated between the various parts of the state and relationship between the state and
individual. The British Constitution structures, administers and governs state power. Democracy,
economic performance as well as human rights, are all outcomes of a countries constitution. The
British constitution is the symbolic function of defining the nation and its goals. Along with merely
5 other countries, Britain is among very few to have an uncodified constitution. An uncodified
constitution is where the constitution is unwritten. The British constitution is also classified as
"uncodified", because many UK laws of a constitutional nature are ... Show more content on
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It is described as the most important aspect of the U.K. Constitution but in all retrospect it is only
the most powerful. There is no end to what Parliament can do or create, Igor Jennings (1959) stated
that "parliament can legislate to ban smoking on the street of Paris, parliament can legally make a
man into woman", and Sir Leslie Stephens said "Parliament could legislate to have a blue eyed
babies put to death"; these quotes show us for how long there have been negative comments towards
Parliament Sovereignty and the power they
... Get more on HelpWriting.net ...
Ethnic Minorities At Disadvantage Of The Labour Market
2015 [WHY IS ETHNIC MINORITIES AT DISADVANTAGE IN UK] Contents Introduction 1
Ethnic inequalities present in labour market 2 Role of Geography 3 Ethnicity a disadvantage in UK
4 Conclusion 5 References 6 Introduction There has been a lot of discussion about the differences
among ethnic groups in the labour marker participation as well as employment status. Labour
market inequalities have a major issue which is seen in three geographical levels i.e. country, local
enterprise partnerships as well as local authorities. In the following report we try to evaluate the
ethnic differences in the labour market participation which includes both unemployment as well as
different types of self–employments which have been in practice over a period of time. The focus is
also on the levels of disadvantage among the ethnic groups who are employed. The other aspects in
consideration are the geography of unemployment as well as the differences which is experienced
by minority groups in terms of employment and the occupational status. There are several studies
which have shown a negative relationship among ethnic diversity as well as social capital and have
assumed that the harmful effect over diversity on the social cohesion. It is said that social cohesion
should be harmful effect over diversity on social cohesion. The concept of social cohesion needs to
be treated as a multifaceted concept and any kind of analysis in relationship of diversity as well as
social capital needs has
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Compare and Contrast the Westminster Political System in...
A comparison of political systems is done to deepen our understanding of our own institutions, as
well as to expand our awareness and views on other political alternatives. But what is a political
system. David Easton (A System Analysis of Political Life, 1965) defined a political system as that
"behavior or set of interactions through which authoritative allocations are made and implemented
for society". Simply put it's a set of institutions and agencies that implement goals of a society. The
Westminster system derives its name from the Palace of Westminster, the home of the British House
of Parliament. It is a adversarial two party system that utilizes a single member plurality system. The
plurality system is easy to ... Show more content on Helpwriting.net ...
The House of Lords processes and revises legislation and acts as a check on the government and the
House of Commons through oral and written questions and policy debates. The Peers' expertise
allows them to deal with broad issues related to science, economy, and the constitution.
The House of Commons
The House of Commons is made up of 650 Members of Parliament (MPs), all of whom are elected
by voters to represent them and their interests. No special training or background is necessary to
become an MP, though any person running for a seat in the House of Commons must be at least 21
years old.
The Executive
The executive branch consists of the head of state, the head of Government known as the Prime
Minister and the Cabinet. The Cabinet is composed of approximately 20 Members who are chosen
by the Prime Minister from the House of Commons. It is this element that creates a fusion of power
of the legislative and the executive. The functions of the Cabinet are to initiate and decide on policy,
the supreme control of government and the co–ordination of government departments. The exercise
of these functions is vitally affected since Cabinet depends upon majority support in the House of
Commons. Majority governments based on a single party are typically stable, as long as
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Differences Between ABS And Conventional Law Companies
Summary: In this essay we will explore the advent of innovating business structures, its principles
and concepts, the social and economic contexts and the relevant policy issues and non legal
resolutions, which diminish the models of legal services provisions, and the relation to the Legal
Services Act 2007 Introduction First, we need to understand the meaning of business structures,
which essentially are how the business are organised, rules and policies to compose the formation of
the business, the roles and responsibilities to effectively control and coordinate the daily issues. The
importance of the Legal Services in the UK economy, is growing every day, as economic fortunes
are being made in the world, the speed of trader operations, and how the capital flows, are leading to
a new innovative structure ... Show more content on Helpwriting.net ...
Great opportunities are merged from the new system in relation to partnerships, but must be noted
that moving away from the traditional Legal Services does not mean success or either cannot
guarantee success, as the legal profession in England and Wales has been very successfully since
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Annotated Bibliography On Crime And Justice
Annotated Bibliography on Crime and Justice
Crime may simply be referred to as an offense against the state or against morality and is punishable
by law, while justice is the fairness practiced during judgment of cases usually in instances where
crime has taken place. Crime and justice go hand in hand as commonly evident in a case whereby a
criminal is apprehended and taken to a court of law, then a ruling of justice practiced on the case and
fairness used in passing of judgments. In most governments globally, crime and justice is managed
by a criminal and justice department and typically, various departments are involved. These
departments may primarily include; the police, the prosecution department, the law department, the
correctional ... Show more content on Helpwriting.net ...
2. Matthew Robinson and Marian Williams: The Myth of a Fair Criminal Justice System
The Criminal Justice Systems have various objectives to achieve, one of them being reduction of
crime levels. Another core objective is practicing justice. These two objectives can be achieved in
various ways. Evidence has been presented by the authors that the judicial systems sometimes play
unfair in solving crime cases.
The authors confirm that there exists evidence supporting the fact that many criminal justice
processes are unfair and could be described as biased, subjective, inequitable, serving financial
morals and grows out of the criminal law. They also conclude from the study that the myth on the
criminal justice system being fair is not true from the law making department down to the
correctional department.
3. White Paper On Crime; The Community and The Criminal Justice System
This journal focuses on the aims of criminal justice system in delivering quality service to the
community through public safety enhancement. The author has highlighte some of the measures and
steps the system has taken to ensure it achieves its objectives and interaction with various parties.
These parties include; victims, witnesses, the accused and criminal justice professionals.
The next three literatures reviews are the government reports on crime and justice. They are;
4. Task Force Report from American Society Of Criminology: Critical Criminal Justice Issues
The government report
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Annotated Bibliography On Criminal Justice System
Criminal Justice System
The technological advancement era that has marred the 21st century has seen heightened increased
surveillance and proactive crime investigations. Such growth has seen positive legislative moves
that have allowed the use of telecommunication gadgets in monitoring trends of criminal activities
and criminal gangs[footnoteRef:1]. Most commonwealth nation which United Kingdom is a
member have since passed and enacted laws that provide some sort of immunities and exemptions
for officers that may violate laws in the process of administering their works. [1: G. Marx,
Undercover–Police Surveillance in America (University of California Press: Berkeley, 1988); and C.
Fijnaut and G. Marx (eds.), Undercover–Police Surveillance ... Show more content on
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Consequently, the Canadian systems strives to strike a balance between crime control and
prevention goals and equity, fairness, and protection of persons which are key to having a just
system. Sweden on the other hand positions her criminal justice system to reduce crime and secure
her people[footnoteRef:3]. The Chinese system believes that a well functional society are key to
having the right of every citizen protected. [3: ]
World over, the criminal justice system work closely with undercover police units that are used to do
unearth a series of sensitive evidence against law offender. By definition, undercover work as
largely used is when police officers do not reveal their identities. As many opine, this form of
policing takes a wider berth of forms and situation within which they operate. There is a general
acknowledge among the justice system and the public on the need to have undercover policing in
order to subvert threats to public safety such as terrorism
Over the years, there have been ethical concerns over the works of undercover policemen both to the
officers and those under study. The most essential to the system is the manner in which information
is obtained and the more controversial is the means with which such information are obtained. Most
laws have provisions that require undercover police and any other person within the
... Get more on HelpWriting.net ...
New South Wales 's Impact On Social And Economic Development
New South Wales was given self–government because of social, economical and political
development in the 19th century that would change society. In 1810, Lachlan Macquarie became the
Governor of New South Wales creating tremendous impact for social and economic development.
Macquarie was the last autocratic Governor of New South Wales from 1819–1821, as New South
Wales would transition from a penal colony to a self–governed society. Macquarie established
economic growth in many forms as public works, churches and charitable institutions creating
employment and commerce. He also sought a strong relationship with the Aborigines that helped
create peace unity with the Europeans that would settle in New South Wales. In 1810–1850, the
social and political development in New South Wales saw a rise in squattocracy and the formation
of political groups in Sydney with new demands. It remains significant to explore why New South
Wales was given self–government with focus social and political development that would change
creating economic growth to form a new society.
From 1810 to 1821, New South Wales was governed by Lachlan Macquarie who later would be
called "The Father of Australia". Macquarie was among the first military governors of New South
Wales and the last aristocratic governor of this territory. Macquarie vision was to transform New
South Wales from a traditional penal convict establishment to a society that was more reflective of
the English lifestyle. Macquarie
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Comparative Law Report : United Kingdom And The United States
COMPARATIVE LAW REPORT
THE UNITED KINGDOM AND THE UNITED STATES
CTEC 1412 COMPUTER ETHICS, LAW and PORTFOLIO
RAJAT RAJPUT
BSc Computer Science
P15222274
CONTENT PAGE
1. Introduction
1.1 United Kingdom Jurisdiction
1.2 United States Jurisdiction
2. Main Body (comparison)
2.1 The Constitution
2.2 Creating Laws
2.3 The Lawyers
2.4 The Jury
3. Conclusion
4. References
1. INTRODUCTION:
1.1 The United Kingdom Jurisdiction:
The United Kingdom of Great Britain and Northern Ireland consisted of England, Wales, Scotland
and Northern Ireland. It achieved its present form in 1922 after the partition of Northern Ireland.
England and Wales have a combined Judicial system and Scotland and Northern Ireland have their
own independent judicial systems under the Act of 1707 and 1800. There is no single written
constitution for The U.K. The Constitutional Laws of the UK contain Statute Law, Case Law and
Constitutional Convention. They do not have any statutory authority but do consist the binding
force. The relationship between the Sovereign (the Queen) and the parliament is rather conventional
than statutory. The ministry of Justice is the responsible government body for the justice system and
the constitutional policy. The head of the body is called the Lord Chancellor and the Secretary of
State for Justice. The cabinet office has the duty to look over specific areas of the constitutional
policy that are devolution election and the royal succession.
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Advantages And Disadvantages Of Judges
When judges are spoken of as a group, they are referred to as the judiciary. There are many different
levels of judges, but the basic function is the same at all levels: judges are there to adjudicate on
disputes in a fair, unbiased way, applying the legal rules of England and Wales. There is no clear–cut
division between civil and criminal judges, as many judges at the various levels are required to sit
for both types of case. This in itself causes problem as, before their appointment, most judges will
have specialised in one area of law. The head of the judiciary is the Lord Chief Justice. When
considering judges the first point is that there is a marked difference between what are we called
superior judges and inferior judges. Superior ... Show more content on Helpwriting.net ...
('High judicial office' is defined to include High Court Judges of England and Wales, and of
Northern Ireland; Court of Appeal Judges of England and Wales, and of Northern Ireland; and
Judges of the Court of Session).Alternatively, applicants must fulfill the judicial–appointment
eligibility condition on a 15–year basis, or have been a qualifying practitioner for at least 15 years.A
person satisfies the judicial–appointment eligibility situation on a 15–year groundwork if he has
been a solicitor of the senior courts of England and Wales, or barrister in England and Wales, for at
least 15 years; and has been gaining ride in regulation at some stage in the post–qualification
period.Aindividual is a qualifying practitioner if he is an recommend in Scotland or a solicitor
entitled to appear in the Court of Session and the High Court of Justiciary; or he is a member of the
Bar of Northern Ireland or a solicitor of the Court of Judicature of Northern Ireland.The meaning of
"gaining experience in law" is set out in area 52(2) to (5) of the Tribunals and Enforcement Act 2007
and relates to a length engaged in regulation related activities."It is the accountability of the Lord
Chancellor to convene a determination commission: he generally does this through way of a letter to
the President of the Court who chairs the determination commission. Under adjustments brought
thru the Crime and Courts Act 2013 the
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Criminology
Criminology Assignment This essay will analyse a contemporary Policy document policing in the
21st century: Reconnecting police and the people. It is a document presented by the secretary of
state for the Home Department by Command for Her Majesty in July 2010. It will look at how some
philosophies of punishment and models of criminal justice are convincing in explaining the methods
and tactics used to formulate criminal justice policies as evidence in Policing in the 21st Century:
Reconnecting police and the people. Other policy documents will be looked at in other to compare
their similarities. Crime control, bureaucratic models the philosophy of deterrence and rehabilitation
are convincing in explaining the politics of this policy ... Show more content on Helpwriting.net ...
The extent of collaboration of the public that can be secured diminishes proportionately to the
necessity of the use of physical force. Police look for and protect public favor not by taken account
public opinion but by constantly demonstrating absolute neutral service to the law.
Police use physical force to the extent necessary to secure execution of the law or to restore order
only when the exercise of persuasion, advice and warning is found to be insufficient.
Police, at all times, should maintain a relationship with the public that gives reality to the historic
tradition that the police are the public and the public are the police; the police being only members
of the public who are paid to give full–time attention to duties which are incumbent on every citizen
in the interests of community welfare and existence.
Police should always direct their action strictly towards their functions and never appear to assume
the responsibilities of the judiciary.
The test of police efficiency is the absence of crime and disorder, not the visible evidence of police
action in dealing with it. [http:www.historyhome.co.ukpeellaworder9points.htm].
However, while the aim of the police is crime control and prevention, the major role is often
perceived as collecting evidence and bringing offenders to justice. [Davies et al. P 141]. The police
are involved in the maintenance of order in the society and dealing with crowds at sporting events
and
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Case Study: Her Majesty Prison Service
As described at HM Prison Service webpage (2015), Her Majesty Prison Service (HMPS) is an
executive agency, sponsored by the Ministry of Justice. HMPS keep those sentenced to prison in
custody, helping them lead law–abiding and useful lives, both while they are in prison and after they
are released. HMPS work with courts, police and local councils, as well as voluntary organisations,
to do this. HMPS run 109 of the 123 prisons in England and Wales and responsible for managing
prison and probation services as well as for supporting effective offender management. HMPS
employ people in a variety of roles, such as: officer, healthcare, chaplaincy, managerial, support and
administrative roles. In 2004 approximately 44 000 employees were working ... Show more content
on Helpwriting.net ...
It is estimated that about one in six of the adult population will have a significant mental health
problem at any one time (more than 7 million people). 50–70 cases of homicide a year involving
people known to have a mental health problem at the time of the murder. About 360 of the 600
killings every year are by people with drug and alcohol problems, compared to around 50 – 70
(mostly of loved–ones) – by people with mental health problems There are only about five
homicides a year by strangers with a mental health problem. Using mental health statistics in
relation above, describe the role the media plays in relation to how crime is seen compared to the
facts and the impact this can have on public perception ITC 5.1 According to statistics, in 2009 60%
of homicides are committed by people with drug and alcohol problems and only approximately 10%
by people with known mental health problems. There were 7 million people with a significant
mental health problem at any one time and around 50–70 of them committed killings which means
that only one from over 100 000 mental sick people was a killer. Most homicides influenced by
alcohol–, drugs–related and other problems: 36 million mentally healthy people committed around
530 killings which means that one in approximately 68 000 of them was a
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The Judiciary Of A Country Essay
To what extent is it a concern that the judiciary of a country is unreflective of the diversity within
that countries population? The lack of diversity in the judiciary is deeply entrenched in legal culture.
A profession that is intrinsically white, male, and middle class is an intimidating environment for
those who fall outside this categorisation. The problem with having a single dominant group is not
so much the lack of gender, ethnicity and social minorities in the judiciary but rather the lack of
understanding of the various life experiences and perspectives of the diverse community the
judiciary serves. An understanding that can only be acquired first hand from personal experience.
While it is generally accepted that increasing diversity in judiciary will improve the overall quality
of judgments there is not really any real sense of urgency to address this issue. A more diverse
judiciary is seen as more of a desire than a necessity. This complacency can be partially attributed to
an assumption that eventually the judiciary will balance itself but this has proven to be unsuccessful.
The case for judicial diversity generally fall within the scope of three arguments. Firstly is the
argument from the standpoint of democratic legitimacy. This is the idea that it is principally wrong
for the judiciary to be comprised primarily of heterosexual, white, middle class, male lawyers from
private law firms. A more diverse judiciary would garner increased support from the
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The reform of the British constitution remains unfinished...
In this essay, I would like to analyse why the reform of the British constitution is seen as unfinished
business. Constitutional reform is when the system of government and how government institutions
interact is changed. This has also meant the codification of some components of the constitution in
the UK. Between 1997 and 2007, there were a considerable number of constitutional reforms
introduced by the Blair governments. These reforms included devolution in Scotland, Wales and
Northern Ireland, decentralisation, reform of the House of Lords and Commons, creations of new
legislation granting greater freedom and rights within the UK, and so on. However, some of them
are yet to be accomplished or in progress related to the electoral and ... Show more content on
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Until now, the content of the constitutional reform has not covered any electoral reform yet as the
constitution was prone to manipulation by single–party governments.
The reform of the Human Rights Act can illustrate that the constitutional reform did not go far
enough. In 1998, the Blair government announced that the citizens ' rights would be safeguarded and
strengthened through incorporating the European Convention on Human Rights into UK law.
However, this created a problem as the UK now has two sets of rights – those built up under
Common Law and those in the Human Rights Act. These two sets of rights may conflict and, in
addition, cases can be taken using these rights to both the UK Supreme Court and the European
Court of Human Rights (which is the supreme court for the European Convention on Human
Rights). The UK judiciary is divided on how to resolve this issue.
The centrepiece of Labour 's programme of constitutional reform was undoubtedly devolution. This
was achieved with remarkably few problems. There now seems no likelihood that the new
arrangements could be reversed, even by a Conservative administration. The election on 6 May
1999 of a Parliament in Scotland, with extensive powers of primary legislation as well as tax–
raising, and an Assembly in Wales, with powers of secondary legislation only, will have a profound
impact on governance within the UK. In
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The Influence of Traditional Western Law on the...
Intro to Law Assessment 1 – Essay 35%
To what extent did the concepts and institutions of the Western legal tradition influence the colony
of New South Wales and, ultimately, the development of the Australian legal system?
The concepts and institutions of the Western legal tradition, namely common and statute law, the
court system and the Bill of Rights, influenced the colony of New South Wales, and ultimately, the
development of the Australian legal system to a great extent. Although the concepts and institutions
of the Western legal tradition continue to influence New South Wales and the Australian legal
system, the extent to which it does influence has decreased over time.
The concepts and institutions of the Western legal ... Show more content on Helpwriting.net ...
The formation of these courts proved to be extremely influential to the colony of New South Wales
and the development of Australian law as judicial decisions from cases such as Kable v Captain
Sinclair (1788) proved crucial for the maturing of the Australian legal system through the legislative
establishment of the British law concept of the rule of law. As well as this the institution of the court
system also created Australia's own doctrine of precedence.
In 1828 the British Parliament enacted the Australian Courts Act (Vines p.174) which stated that all
applicable common laws and statutes in force in England on the 28th of July 1828, would apply in
the colony. This is known as the date of the Doctrine of Reception. Examples included, "general
rules of inheritance and protection from personal injuries" (Blackstone Vines p.1760). In 1842 the
Western legislative institution was adapted to the colony with the Australian Constitutions Act. A
legislative council was established with 24 of the 36 members being elected. In 1855, the New
South Wales Government Act gave this legislature the general power to make laws for the good
government of the colony. By 1860, all of the Australian colonies, other than Western Australia were
governed very much like Britain (Vines p.185).
The Colonial Laws Validity Act (Imp) (1865) gave the NSW parliament the right to amend those
British legislative and common laws that did not apply to the colony and
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The Judiciary Of England And Wales
Subject: Law
Question Number or Title: It has been consistently argued that the judiciary in England and Wales is
not reflective of society. Critically consider the explanations for the lack of diversity within the
judiciary and the extent to which government legislation and initiatives have tried to increase
diversity within the judiciary?
Student number: 149011027
Total word count: 1252
Over the years, judicial diversity has been an issue of concern for Wales and England. Reform
initiatives and debates for judicial diversity are critical features of various common law
jurisdictions. The country faces gender and ethnicity diversity as the major dimension of
inclusiveness in the judicial system. Critics have raised general ... Show more content on
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This essay aims at assessing existing literature on the ethnic and gender composition in the English
and Wales' judiciary. The essay will also illustrate the previous efforts of the government in
achieving diversity in the judiciary.
Gender is a critical dimension of judicial diversity illustrated by the proportions of positions
awarded to the males and females on the judiciary. There are different ways of rationalising judicial
diversity where judicial appointments follow policy and law that promotes equal opportunities. The
judiciary needs to show sensitivity to the experiences and needs of the different elements of legal
systems where the judiciary requires illustration of diversity for service as well as diverse judiciary
with increased accountability of legal democracies. The current preclusion the gender incorporation
dictates the alternative dimension regarding judicial diversity. Features of judicial initiatives towards
achieving ethnic and gender diversity are assessed through qualitative and quantitative perceptions
and experiences of judicial bias.
Nowadays, diversity and equality in England and Wales are matters that professional bodies face
and deliberate in their annual reports. Law Society's websites illustrate commitment towards playing
leading roles to eliminate discrimination through promoting equality of opportunities and diversities
in activities and regulation of representative bodies and employment.
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Population Of The United States
United States– Ranked third behind China and India for population. The US's population climbed to
320 Million in the year of 2014. The United States estimation population as of October 9th, 2017
has increased since 2014 by 5 million. The current estimation is 325,176,681. As for geographic size
comparison, the United States is ranked third in the world behind Russia and Canada. The United
States is comprised for 50 states which include the Island State of Hawaii and the North–West state
of Alaska. Not only does the United States possess these states, but there are also many United
States territories. Due to the location of the United States it makes it possible for the production of
food as well as trade because of the vast coastline. The ... Show more content on Helpwriting.net ...
The Founding Fathers of the United States established the Rule of Law. This idea of the Rule of Law
made it so citizens were seen as equals. There was no one person who was above the law. Each
person is accountable for their actions and each person is equal to the next, even political leaders.
The Constitution of the United States helped shape the political regime of the country. It established
the separation of powers so that no one office holds too much power. Not only did the Constitution
establish the separation of powers, but it also helped establish Federalism. Because of Federalism it
separated authority between nation and state. This gave each state their power to create their own
laws, policies, and judicial system. The Constitution hits three major roles, national, state, and
individual rights. The Bill of Rights lays out rights of the individuals that they were entitled to being
a part of the US. Some of these individual rights are freedom of speech, religion, press, and
assembly. The Constitution of the United States is the longest standing Constitution still in practice.
Two centuries after the constitution was drafted, it still remains in effect and is a crucial part of the
United States government. The United States is comprised of different branches of government. At
the national level there are three institutions; Legislature, Judiciary, and the President. Each
institution plays different roles in the
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The Final Legacy Of William The Conqueror, Leader Of The...
He ended with a BANG! That is the final legacy of William the Conqueror, leader of the Norman
invasion of Britain and victor at the iconic Battle of Hastings. When William died, he had developed
a bacterial infection in his stomach, which went unnoticed by the mortician. William was a rather
heavy man, and the coffin he was given was slightly small, so he was forced into the coffin even
though he did not fit. As the infection spread, gas began to build up in his gut, and, in the middle of
his funeral precession, the coffin burst, guts and stagnant blood flying all over the now shrieking
crowd. But he is remembered for far more impactful and even bloodier events (10). Although the
Norman Conquest of 1066 was a year of much bloodshed, that year was pivotal to the nation of
Great Britain as it helped to establish the boarders and structure of the Kingdom of Great Britain, it
contributed to the creation the English dialect, and brought new political, social, and religious
reforms to the region, each of which stood to benefit the lands well being The year of 1066 C.E was
a period of great reckoning, as the events of the year's famous Norman invasion would shape the
British Isles forever. Before the invasion, England was ruled by a scheming King known as Edward
the Confessor, who used his childless marriage as a political tool. He promised his crown to several
different people in his lifetime, such as Harold II, the Earl of Wessex, Harold II's brother, Tostig,
William, Duke of
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Compare And Contrast The Legal System Between The United...
The legal systems of the United Kingdom and the United States share a number of obvious
resemblances which stem from the history of the countries. Today, throughout England, Wales and
Northern Ireland the primary legal system in place is still a Common Law system however the
system in Scotland is a combination of both common law and civil law . A common law system will
acquire the majority of its laws through past cases with inferior courts being bound by higher courts,
in civil law systems there is no such precedent . Prior to gaining its independence, the US began as
an English Colony and so the US legal system was directly derived from the English system . This
therefore means that the legal system of the US is based upon the same fundamental concept of
'Common Law' with their common law being based upon their constitution. Despite sharing the
same basis upon which their legal systems were developed, there are a number of differences
between the two. Upon researching these differences I will be looking to answer if it is accurate or
not to label these two systems as being part of the same legal family.
Arguably, the most imperative difference between the British and American legal systems is the
constitution. The fundamental dissimilarity between the US and the UK is that the American
constitution is codified in one document, whereas the UK constitution is made up of several
constitutional conventions found in numerous Acts of Parliament. It is important to note, that
... Get more on HelpWriting.net ...
Crimes Involving The Use Of Firearms
Crimes involving the use of firearms consist of around 0.4 percent of all documented offences in
England and Wales, doubling since the mid to late 1990's (Povey and Kaiza 2006). This is due to the
ever more restrictive legislation and public policy responses. A small number of high profile firearm
homicides have significantly increased the public's apprehensions about the problem of illegal
firearms. Police, politicians and media reports have illustrated the emergence of a criminal 'gun
culture', predominantly in the inner city areas of England (Bennett and Holloway 2004).
Comparatively little is known on the other hand, regarding criminal attitudes towards and within the
market in illegal firearms therefore limiting the progression of policy, policing practice and an
understanding of the impact of firearms legislation (Bryan 2001).
Gun Crime is a general term used when including all circumstances, when firearms including
shotguns, air guns and imitation firearms are illegally utilised (HMIC 2004). This is inclusive of all
illegal possession offences whilst no other crime has been committed. The presence or absence of a
gun does not impinge on the likelihood that crime will be committed (NCIS 2003). Criminals will
be able to use other weapons as opposed to firearms in order to commit crime and accomplish their
negative intention, as the missing presence of firearms does not mean that crimes involving guns are
easily avoided (Hoskin 2011). Gun control and ownership does not
... Get more on HelpWriting.net ...
Lord Woolf 's The Civil Procedure Rules
Within England and Wales the Civil Procedure Rules govern the way in which a case should be
conducted within the courts. These rules were introduced in 1999 to enable the court within England
and Wales to deal with cases honestly and by restructuring the civil justice process they were able to
do. This was to resolve the cases quickly and effectively without utilizing court proceedings. The
Civil Procedure rules can be applied within the County courts, The High Court and The Civil
Division of the Court of Appeal. Lord Woolf put these new Civil Procedure Rules into place. Lord
Woolf published a final report in 1996, this final report analysed in detail what the reforms would
fulfil and whether they would be well received. This then ... Show more content on Helpwriting.net
...
The rule suggests that the legal representatives and their parties should assist the judges in order to
achieve the objective. Under section 1.1 of the Civil Procedure Rules it discusses the way in which
practitioners should behave in order to succeed . In 1999 the Civil Procedure Rules came into place
these rules were accompanied by Practice Directions , which replaced the Rules of the Supreme
Court and also the County Court Rule . These amendments allowed the rules to be simpler also
providing an extensive outline for a general application. Lord Woolf suggested that there should be a
transformation of the literature, which would be able to support the approach and the legal
interpretation of words. The new rules were created to have an accessible and equal attitude due the
overriding objective. On the other hand, the new rules did introduce many changes but many of
them came from the old system such as, before action begins the claimant has to communicate with
the defendant; also the claimant should take action within a fixed period. However every proceeding
starts with the claim form; this became the substitute for the writ, which was usually for the High
court, and the summons for the County Court. This allowed the new system to be much simpler and
efficient compared to the old system . The Pre action protocols were created to focus on the
... Get more on HelpWriting.net ...

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Identify Case Law

  • 1. Identify Case Law In the following essay I will be covering the different case laws that are seen to by judges and identifying if judges should be creating or making new laws and interpreting Acts of parliament as they please for each individual case. I will also be exploring and analysing the case and advising if there will be claim against "Karen and Win or Lose Electronic Shop" under breach or terms or misrepresentation. As society has become more developed and more complex we require more formal principles with the end goal for individuals to live respectively in a precise way. At the point when discussing the law we are discussing rules that we are obliged to take after. In the event that we commit a criminal law we need to pay a fine or go to prison, on ... Show more content on Helpwriting.net ... Every law which is made by the parliament needs to be clearly defined and applied by judges in accordance with each case being dealt with. While deliberiating on choices about a case a judge should go by the precedent set by the higher courts concerning the circumstance and conditions applicable, as this additionally helps the one required for the situation as they are aware they will be dealt with alike and not arbitraily. The structure of the judicial precendent in the English legal system, with English law is established on the hypothesis of stare decisis. Stare decisis is the doctrine that rules principles of law on which a court rested a past verdict are defintive in all future cases, in which factors are similar. Judges need to follow these previous decisions which is a 'binding precedent'. Ratio deidendi is a fundemental part of a judgement. It means the judge's reason for the decision decided and is part of making a binding precedent. Obiter dicta meaning 'other things said' is part of the judgement in the case a binding precendent is not ... Get more on HelpWriting.net ...
  • 2. Before The Norman Conquest, The Administration Of Justice Before the Norman conquest, the administration of Justice was integrally given to local courts accordingly to local customs. There was no idea of centralisation. The situation changed when William the Conqueror gained the throne in 1066, because he set up the Curia Regis based in Westminster with judges approved by the King. In 1156, 'itinerant Royal justices' was created, so that judges appointed by the King can dispense justice in his name in the whole country. The King didn't abolish the former system, but created another one. People could choose the system they would be judged by. There was a preference for the royal court. These itinerant judges gradually elaborated a common uniform jurisprudence in the whole England. Common ... Show more content on Helpwriting.net ... Parliament is sovereign, therefore the law it makes prevail on any other source. We will focus the working of statutory interpretation (A), then look if it's regulated by the law (B) and scrutinized rules of interpretation (C). A) The operation of statutory interpretation Statutory interpretation deals with Statute law. Indeed an interpretation may be required when there is an ambiguity or if there is an error made by Parliament. Rolle of judges is to ascertain the intention of Parliament. The intention of Parliament is a delicate concept for representing the majority option of Member of Parliament how is representative for the United Kingdom citizens. For all Parliament is the legislator, Courts must apply legislation through the discretion of judges. However lawyers and barristers may also interpret the statutes to convince the judges. Courts have several roles. There is a dichotomy between statuary interpretation and statutory construction. The first one is « the provision of meaning to the words in a statute by a court » and the second one is « the resolution of ambiguities or uncertainties in a statue ». B) Is statutory interpretation binding of any kind of rule of law ? Statutory interpretation is mandatory for judges, only the way of interpretation is not mandatory. Parliament has given the courts some sources of guidance on statutory interpretation. The interpretation Act 1978 provides certain standard definitions of ... Get more on HelpWriting.net ...
  • 3. Switzerland Legal System Essay Switzerland's legal system is reliant on a civil law tradition and thus is dependent on written codes which is held as a primary source for statements of law with authority. Going back in history it is shown that civil law is composed of a group of legal ideas and systems stemmed from a collection of fundamental works in jurisprudence, cloaked by Napoleonic, Germanic, canonical, feudal and local practises including doctrinal strains such as natural law, codification and legal positivism. Swiss foreign policy has since 1815 been governed by the principle of neutrality, so they did not support or aid either side to a conflict and remained impartial during the first and second World War. England's law on the other hand was made by judges sitting in courts thus known as common law so has become more like Switzerland as legislation has stated to overtake judicial law making. Their laws are seen to be dominated by statutory law, which generate general principles and sets aside functional and procedural rules. Unlike the United Kingdom judicial decisions are not rated as high. Switzerland is a federal union, meaning civil procedure and the make–up of the judiciary are governed by state law of 26 cantons, in unifying the various cantonal rules enshrines the rights to take part in decision making process's on Federals state level, having equal share in the central legislator. Switzerland is also not a part of the European Union despite having strong ties into the EU. Its legal ... Get more on HelpWriting.net ...
  • 4. Legitimacy Of Courts During The Judicial System Legitimacy of courts has long been an important factor in the judicial system. However, a more recent concern has been diversity. It is becoming increasingly important for the court to represent those who it serves. "The ECJ's composition remains unreflective of the millions of black and migrant European Union citizens whom it serves". Judgements of both the domestic courts of England and Wales along with the European Court of Justice, affect the everyday lives of all EU citizens – including those of minority and underrepresented groups. "Outcomes should not be influenced by considerations of political or financial consequences". Independence is important as it is vital that each judge is able to decide cases solely on the evidence presented to them by the parties in court. Personal independence is always necessary to ensure that the judiciary as a whole of both the land or the community remains independent. In order for the courts to be fully independent, they must represent the diversity of the people and make decisions in accordance with the law with no other influences. With the growing influence of the government over the last century it has become increasingly important that the judiciary fulfils its responsibility to protect the public against unlawful acts of the government. What has therefore also become increasingly more important is the need for the judiciary to be completely independent from the government. The evidence suggests that the courts nowadays are not ... Get more on HelpWriting.net ...
  • 5. Diversity Judicial System Analysis In this essay I will define what is judiciary and be discussing the statement that "there is a strong case for more diverse judiciary. Not only should there be equality of opportunity for those entitled to apply". I will discuss about the judiciary that reflect the diversity and legal profession as whole, make reference to the role of the judiciary, their selection, and training. Judiciary is a system that interprets and execute the laws in the state, the role of the judiciary is to supervise the conduct of a trial, sole arbiter of legal issues, has the power to deal with civil cases and decide the result, interpret and clarify the law, has the right to deal with criminal cases and to sum up to the jury and to pass sentence on those who plead guilty or have been convicted. For many centuries the House of Lords was the supreme court of appeal for the entire UK in civil cases and for England, Wales and Northern Ireland in criminal case. There are three types of legal system in the United Kingdom and these are executive, government and legislature; one each for England, Wales, Scotland and Northern Ireland. There was a time where Scotland, Ireland and later Northern Ireland retained the Acts of Union in 1707 and 1800. The justice system has state of three systems that ... Show more content on Helpwriting.net ... The United Kingdom constitution can be recognised in the statutes passed by the parliaments and in the common law, as the law has build–up over the centuries in the decisions of the courts. Other countries like United states, France and German has a written constitution and that has a higher status than the standard legislation and constitutional provision that may only enacted and repealed by a special method that vary from the procedure for making and repealing standard ... Get more on HelpWriting.net ...
  • 6. The Relationship Between Solicitors And Society The relationship between solicitors and society is a unique one. If law is the system of rules which a particular country or community recognizes as regulating the actions of its members , then solicitors are the agents who operate in its vast framework, acting as a voice for the people. In this sense, it is undeniable that the legal profession exists to serve society as well as the court. Because of the nature of this relationship the conduct of solicitors is paramount in ensuring that public trust is maintained in the services solicitors offer. This has resulted in the public expectation that solicitors conduct themselves in an ethical manner. When describing conduct, there are many possible definitions of ethics. In the oxford dictionary ethics is defined as 'Moral principles that govern a person's behaviour or the conducting of an activity'. Tracey Calvert (a regulatory compliance specialist and member of the policy team which drafted the SRA handbook) defines ethics as 'Behaviour which defines the characteristic between professional and employer' . When applied in the context of law, these definitions suggest that a set of values should shape the behaviour of solicitors, as well as their relationships with their clients. This is supported by Professor Andrew Boon's definition of 'legal ethics' where he defines the term as ''The study of the relationship between morality and Law, the values underpinning the legal system, and the regulation of the legal services ... Get more on HelpWriting.net ...
  • 7. To what extent are UK judges both independent and neutral?... Unit 2 Stimulus – The Judiciary 1a) With reference to the source, describe the measures that exist to maintain the independence and neutrality of the judiciary. The independence of the judiciary from the executive and legislative is said to kept by things like their fixed salaries and sub judice rule. Their salaries 'are paid from the Consolidated Fund' and aren't fixed or changeable by Parliament or the government which keeps the judiciary free from political pressure in terms of finance. The sub judice rule is where the MPs in the House of Commons are unable to comment on current or pending cases. This keeps the judiciary free from political interference and prevents prejudice against judicial decisions. This rule is followed by ... Show more content on Helpwriting.net ... It was, therefore, seen as a breach of judicial independence. However following the creation of the Supreme Court in 2009, senior judges no longer sit in the House of Lords which means are free of political influence and decision making – and in effect – from the legislature as they can speak out against the government. 1c) To what extent are UK judges both independent and neutral? Judicial independence is based on the freedom of the judiciary from the interference by the two by the two other branches of government: the executive and legislature, in its activities, as well as freedom from pressure exerted by the media or public opinion. Judicial neutrality is the absence of bias in the judiciary for example; religious, social, gender, political or racial bias. UK judges are generally seen to possess both independent and neutral qualities. They are independent and neutral to a large extent as the Constitutional Reform Act in 2005 has increased their independence and existing measures such as security of their job and salary, as well as sub judice rule, the growth of judicial review and increased European influence maintains existing independence. Neutrality is increasing the judiciary as its social representation is improving and the biased attitudes of judges towards national security have been changing. However independence and neutrality is still limited as there have been biased judgements against certain social groups, biased judgments in favour of national ... Get more on HelpWriting.net ...
  • 8. Australia 's Legal System Is Based On The English Legal... 1. Australia's legal system is based on the English legal system." To what extent is this statement correct? Discuss. Understanding of law: Law can be defined as a system of rules and regulations that are enforced through social institution to govern the country which can be made by legislatures by legislation, executives or judges through binding precedent. The law can be regarded as a constitution enforced that shapes politics, economics and society in various ways . Every country has different binding rules and regulations that enacts people to be governed by accepted rules rather than by the arbitrary decisions of rulers. Such rules should be general, certain and apply equally to all individuals. Thus, the purpose of law is to preserve the freedom and moral agency. Thus, Law can be defined as the body of principles recognized and applied by the state in the administration of justice . English legal system The set of rules and regulations enacted by the law of England and Wales is known as English legal system where the parliament of the United Kingdom is the supreme legislative institution. The Royal Courts of Justice is the seat of the High Court of Justice and the Court of Appeal known as Commonwealth of Nations and Judicial Committee of the Privy Council. US constitution is also highly influenced by the British law in which English legal system includes judiciary, legislation and common law. Being Britain as a strong international trading nation, the law is ... Get more on HelpWriting.net ...
  • 9. Impact Of The Human Rights Act 1998 1.2 THE HUMAN RIGHTS ACT 1998 An Act to give further effect to rights and freedoms guaranteed under the European Convention on Human Rights; to make provision with respect to holders of certain judicial offices who become judges of the European Court of Human Rights; and for connected purposes. The Human Rights Act 1998 (c42) is an Act of Parliament of the United Kingdom which received Royal Assent on 9 November 1998, and mostly came into force on 2 October 2000.[1] Its aim was to incorporate into UK law the rights contained in the European Convention on Human Rights. The Act makes a remedy for breach of a Convention right available in UK courts, without the need to go to the European Court of Human Rights (ECtHR) in Strasbourg. In particular, ... Show more content on Helpwriting.net ... The HRA has not significantly altered the constitutional balance between Parliament, the Executive and the Judiciary. Impact on policy formulation The HRA has had a significant, but beneficial, effect upon the development of policy by central government. Formal procedures for ensuring compatibility , together with outside scrutiny by the Parliamentary Joint Committee on Human Rights, had improved transparency and Parliamentary accountability. The HRA leads to better policy outcomes by ensuring that the needs of all members of the UK's increasingly diverse population are appropriately considered. It promotes greater personalisation and therefore better public services. Myths and misperceptions The HRA has been widely misunderstood by the public, and has sometimes been misapplied in a number of settings. Deficiencies in training and guidance have led to an imbalance whereby too much attention has been paid to individual rights at the expense of the interests of the wider community. This process has been fuelled by a number of damaging myths about human rights which have taken root in the popular ... Get more on HelpWriting.net ...
  • 10. The Structures Of Health And Social Care Within The... This assignment will be describing the structures of health and social care within the British Welfare state. This includes looking at the roles of different sectors, agencies, professions and the distinction between health and social care. It will then analyse the relationships between both health and social care and its wider historical, ideological and social context. Lastly, it will compare structures and contexts of health and social care within two nations of the United Kingdom. The idea of the welfare state can mean something different in each and every country. There is an ideal model of the welfare state which is where society accepts the responsibility for things such as the ground work and the provision of wide ranging and ... Show more content on Helpwriting.net ... The three principal elements have become identified in practice within the institutional model of welfare. "The key elements are social protection, and the provision of welfare services on the basis of right." (Spicker2014) The social welfare in the UK is very different in practice for example benefits and services are delivered at minimum level as the coverage it widespread and can be too costly or even extensive. The social protection in which the welfare state provided is irregular and unpredictable and the services are rationed very tightly. As the services have been contracted out to self–reliant providers the control over the quality and reliability of social protection had been even more difficult to maintain. (Spicker2014) In1948, the Nation Health Services separated both older people and disabled people into two categories one group who they thought was sick and the other group for the people needing care and attention. The people who were thought to be sick were placed in hospitals and the people who were thought to need care and attention were placed in residential homes. The local authorities were able to charge for the individuals using th residential homes even if they were deemed as sick or needing care and attention but ... Get more on HelpWriting.net ...
  • 11. The Differences Between Parliamentary & Presidential System Differences between Parliamentary system and Presidential system [Judiciary] In relating both systems, parliamentary and presidential systems are currently using different judiciary system to enforce law in society. Before entering judiciary segment, it is essential to understand the definition of judiciary where it can be noted that:– "...Judiciary is commonly considered the third branch of government. It stabilizes the political system by solving disputes involving the country's law..." (Barrington, 2010, p. 280) "...It is emphatically the province and duty of the judicial department to say what the law is..." John Marshall cited in (Woll, 1992, p. 251) From this definition above, the judiciary simply implies the body or branch that play ... Show more content on Helpwriting.net ... Administration of law in United Kingdom is different with United States of America, this can shown in:– "...The United Kingdom does not have a single body of law applicable throughout the kingdom. Scotland has it is own distinctive system and courts, and in Northern Ireland certain spheres of law differ in substance from those operating in England and Wales. The main civil courts in England and Wales are: Magistrates ' Courts County Courts for small cases and The High Court, which is divided into The Chancery Division, The Family Division, and The Queen 's Bench Division (including the maritime and commercial courts), for the more important cases..." (The United Kingdom Judicial System) But in United States of America the courts that operating are:– "...Supreme Courts consisted of six justices, who rode the circuit as judges of the Courts of Appeals. The courts was reduced to five members at one time and expended to ten at another. Since 1869, The Supreme Courts has consistently had nine members. And since 1891, the justices have no had to serve on courts of appeal, although each justice has some responsibilities with at least one appeals court..." (Woll, 1992, p. 268)
  • 12. The differences are can be shown when comparing the administration on judiciary branch. In United States of America the judiciary branches are administered by congress because:– "...Generally, Congress determines the jurisdiction of the federal courts. In some cases, ... Get more on HelpWriting.net ...
  • 13. Characteristics Of The United Kingdom Judicial System Introduction The judicial system of the United Kingdom exists as a complex and intricate system of law that has been practiced, and adjusted over a thousand years to reach the point as is known in the present. The complexities of the judicial system presents itself as different variations of the legal system within the United Kingdom, where although they have their differences, they also share certain similarities between them. One such similarity is that they all hold certain requirements for Judges which exist as a centralized idea within the judicial system, as they are not entirely separated between the varying legal systems of the United Kingdom. The complexities and similarities of the United Kingdom's judicial system will be explored through their: structure, documentation, categorization, and the requirements of judges; where all of which will create a clearer picture to better understand how these elements operate. The paper will be divided into two categories: the Judicial System, and the Requirements of Judges. First, the judicial system will be explored through it's structure, documentation, and classification of a legal system; and secondly will move into the certain requirements that judges have in the United Kingdom. Both elements serve to essentially build a foundation that explains a clearer picture of how the judicial system of the United Kingdom practices law, and the expectations those in power hold. PART I – The Judicial System: Structure, ... Get more on HelpWriting.net ...
  • 14. How Do Recent Legislative Developments Affect The British... When critically analysing how recent legislative developments have affected the British Constitution, there are many different aspects to take into consideration. We need to consider the nature of the British Constitution, which has been widely accepted as uncodified, being found in Acts of Parliament, Court Judgements and Conventions. Whilst there is no written document forming the Constitution, there are understood to be governing principles. These include the need for the separation of powers and Parliamentary sovereignty. Three primary legislative developments affecting these principles are: The separation of powers within the United Kingdom, the Legislature, the Judiciary and the Executive, have been made much clearer over the years, ... Show more content on Helpwriting.net ... The main issue that should first be outlined is that it can be argued that the Human Rights Act causes an imbalance. The Act favours the judiciary over both the executive and the legislature as it gives the judiciary the power to impose their authority over the other two. Section 3 of the Act gives the judiciary the power to read and give effect to primary and secondary legislation in a way which will be most compatible with the Convention Rights. This puts the judiciary in a sufficiently decent position when interpreting legislation passed by the executive and the legislature due to the Act allowing them to declare incompatibility with the European Convention on Human Rights and therefore negating the provision in question. The case of R v A demonstrates the challenges that other legislation has faced due to the ability for the judiciary to declare incompatibility. This was due to section 41 of the Youth Justice and Criminal Evidence Act 1999 restricting the admissibility at trial of evidence relating to the sexual behaviour of those who made allegations of rape. The aim of Parliament was clearly to prevent making the victim uncomfortable by being asked questions of sexual history which could impact willingness to report crime and the prospects of a successful prosecution. However the judiciary position was that upholding the defendant's Article 6 right to a ... Get more on HelpWriting.net ...
  • 15. Explain How Diverse Judiciary Works In A Diverse Society In this essay i will examine how diverse judiciary works in a democratic and diverse society. Democracy has a strong expression on how laws interprets. Judiciary in a democratic and diverse society has bee a common and significant attention subject in England and Wales, in recent years due to need for more women judges. The Judicial appointments system was changed in 2006 in order to replace the old system of 'tap on the shoulder' and the 'secret soundings' Appointments Commission operate a clear, open and honest system based on applications and appointment, in order to increase diversity of those applying for judicial office. In 2011 , the House of Lords Constitution Committee held and inquiry into judicial appointments, which had put in more attention into the issue of judicial diversity. In 2013, the Crime and Courts ... Show more content on Helpwriting.net ... Women as a whole are a big issue in judiciary and this matter should be work on and improved every year, but women also should be treated the same as means are in order to give everyone the same opportunities. But as a whole diverse judiciary in democratic society should be also worked not only on the basis of more women as judges, but the and advantage of England as most multicultural country in the world and give also opportunity for those who come from different historical background. In order to work well in democratic society citizens of the country should have a world in what to change and how in order to work well and make a change. Citizen makes a society in which we all live in so in order to improve the diverse judiciary the all citizen no matter of the the background should get equal opportunities for judicial roles and make the country more and fully work well democratic society as a whole not only as a ... Get more on HelpWriting.net ...
  • 16. English Legal System Course Work Id 1414686 English legal system course work ID 1414686 My visit on the 15/12/14 at the Croydon magistrate court was to observe the court proceedings and how the civil and criminal justices system operates in England and wales. Also how magistrates and judges decides cases and why they arrived at certain decision. I arrived earlier in court pass the security checks and went in the court office and explain my purposed of visit. I attended court number eleven which was very busy with cases that day. Court commence at exactly ten in the morning, the presiding magistrate Mr Knowles and two other magistrates, they are also known as justices of the peace, section 121 magistrates court Act 1980. The two other magistrates are Miss Gostic and Miss ... Show more content on Helpwriting.net ... After reading the charges against the defendant, the presiding magistrates ask the defendant if he understanding the charges against him. And also if he is going to plead guilty or not guilty. In this cases the defendant entered into an early plea of all the charges against him. Early plea in any cases in the UK and Wales is very significant. One it quick, it's save time and money Wolf Report. The magistrate then commence sentencing hearing. He first consult the court assistance and in sentencing the magistrate has to consider the guide line sentencing council 2010. Because of this cases is an early plea case, the magistrate has to consider the gravity of the case and the circumstances of the accuser. In carrying out the sentencing the judge told the defendant that the offence he committed was enough to send him to prison, but because he pleaded guilty he will reduce his sentence to twenty months of not drinking any vehicles in the United Kingdom and Wales he should also be given two years' probation period. In this time he should not committed any crime or be seen in any crime scene. He will be arrested and send to jail if he break his probation rules. Normally in this types of case the defendant should have been sentence to at least six months in prison but because of the early plea and the circumstance of the defendant that makes the magistrates to give him lesser sentences. Another very important thing in this cases was, this is the first time the accuser has ... Get more on HelpWriting.net ...
  • 17. Introduction. How Alike Are Great Britain And France’S Introduction How alike are Great Britain and France's political systems to one another? The British system has had a lot of gradual steady changes throughout the years. While, the French political model has had more dramatic radical changes, until about 1958. In 1958 Charles de Gaulle changed the constitution and set the precedent for the modern semi–presidential system that we see today. In this paper, I will be comparing both systems to one another and point out their huge similarities. Great Britain The United Kingdom has a Westminster Model which is a democratic constitutional monarchy. The United Kingdom has a constitution that is unwritten that consists of having conventions along with statutory law and common law, which make up the ... Show more content on Helpwriting.net ... A vote of no confidence can be called if any government–sponsored bill is defeated in the Commons. If the vote of no confidence is passed, the Prime Minister must either resign, or ask the monarch to dissolve parliament, and call a general election. Basically, since a government usually holds a majority in the Commons, and party 'whips' try to ensure that party members support the government, governments are likely to win all but the most controversial votes. However, if a government doesn't have a large majority, then it can bring "backbench" members of parliament into line, and call three–line whips; votes that are compulsory for members of parliaments to attend. PARLIAMENT The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative institution in the United Kingdom and British Overseas Territories (it alone has parliamentary sovereignty). It consists of a head of state (currently Queen Elizabeth II), a bicameral system with an upper house; House of Lords and the lower house which is the House of Commons. It also includes an Upper House, called the House of Lords, and a Lower House, called the House of Commons. The House of Lords is an almost a fully appointed body. The House of Commons, on the other hand, is a democratically elected chamber. The House of Lords and the House of Commons meet in separate chambers in the Palace of Westminster (the Houses of Parliament), in central London. The ... Get more on HelpWriting.net ...
  • 18. Legal Aspects Of Pre Registration Contracts 1. INTRODUCTION A business has to undergo various legal procedures before it can become incorporated. Generally, as a rule, without these formalities the business cannot call itself a legal entity. Once the incorporation process is done the business can now have own separate legal existence and is allow to enter into contracts. But in some cases, the business might be forced to enter into a contract before it can be incorporated and due to this, they may face complications their legality and enforceability and may be also considered invalid later. These contracts are known as pre–registration contracts. In Australia there are two main legal bodies namely common law and statue which govern the business law operations in the country. Pre–registration contracts have different treatment under these two bodies. (Harris, Hargovan, & Adams, 2013) 1.1 Common Law The common law was initially referred to in the past as the "Law of England" by some judges and legal writers. Section 80 of the Judiciary Act 1903 (Cth) had made it mandatory for courts, in some cases, to apply 'the common law of England '. This was later was amended in 1988 to known as 'The Common Law in Australia '. Although it was derived from the English common law, there have been a lot of revisions and additions made to it for it to meet the judiciary needs of the Australian legal system. 1.2 Statute law Statute laws are legislations that have been passed through the parliament. The State Parliament and ... Get more on HelpWriting.net ...
  • 19. Difference Between Common Law And Civil Law Around the world there are different Criminal Justice Systems to help to keep order in the jurisdictions to provide a code of conduct which is known as the law. The whole purpose of the Criminal Justice System is to deliver justice for everyone and this is done by convicting and punishing the guilty and also to help them to stop offending while also protecting the innocent (Garside 2008). In different jurisdictions there are even crimes with the same name that have different definitions. In this essay, England and Wales Criminal Justice System will be looked at which is formally known as Common Law, Also France's Criminal Justice System will also be looked at which is known as Civil Law. The differences between the two jurisdictions will be looked at and also the history of both Criminal Justice systems will also be looked at and also the punishments between the two jurisdictions. Common Law and Civil Law are contrasted due to suggesting they have a different understanding of "The State", this will also be looked into to see why there is a different understanding. Firstly, the jurisdiction of England and Wales will be looked at and their Criminal Justice System known as Common Law. The Common Law begins from the traditional and the authority of courts to identify what law is, even if there is an absence of an underlying statute (Busch 2012). This shows how in Common Law Tradition, it may include laws such as statutes but it also contains a body of "Common Law" such as ... Get more on HelpWriting.net ...
  • 20. The Rule Of The United Land And Mortgage Registry According to 36(3) article of Act of 6 July 1982 on Land and Mortgage Registers "The performance of relevant acts connected with the keeping of the land and mortgage registers in the central land and mortgage registers ' data base shall belong to district courts whose task is to set up and keep land and mortgage registers in the information technology system." Likewise, the Land Registry in England and Wales, there are principles upon which the Land and Mortgage Register operates in Poland, which are called the seven golden rules: 1. The legal certainty – the guarantee of public trust in land. 2. The presumption of the register credibility – the entries mirror the actual legal status. 3. The rule of publicity and openness – everyone has ... Show more content on Helpwriting.net ... It is necessary to obtain consents and permits when transferring the rights related to the property as the lack of them may result in the transfer being unsuccessful. Although, the transfer of the ownership right is legally transferred from the moment of the execution of the sale agreement in the presence of the notary, it is necessary to update the Land and Mortgage Registry of the new owner and finalise the transaction. The notary sends the deed and additional relevant documentation including KW–WPIS form to the local court which is responsive for the registration. The process is completed when the new owner receives the official notification form the registry that the transfer is successful. In contrast, when the land is acquired in form of PUR, the transfer of the right occurs when an entry in the land and Mortgage Register is made, with the effect from the date of submitting the application (KW–WPIS form). In contrast to England and Wales where it is compulsory to register leasehold interests, in Poland leases and tenancies can be disclosed in the register. If done correctly, they become binding over any unregistered rights when dealing with any disagreements over the land. Real property can be acquired for ownership in different ways such as purchase, gift, inheritance or adverse possession. The most common way in modern days is through purchase. Usually, the individual or business interested in land or property conduct the sale ... Get more on HelpWriting.net ...
  • 21. Pros And Cons Of The British Constitution The British constitution can be defined as a framework of rules which interpret the way in which power is separated between the various parts of the state and relationship between the state and individual. The British Constitution structures, administers and governs state power. Democracy, economic performance as well as human rights, are all outcomes of a countries constitution. The British constitution is the symbolic function of defining the nation and its goals. Along with merely 5 other countries, Britain is among very few to have an uncodified constitution. An uncodified constitution is where the constitution is unwritten. The British constitution is also classified as "uncodified", because many UK laws of a constitutional nature are ... Show more content on Helpwriting.net ... It is described as the most important aspect of the U.K. Constitution but in all retrospect it is only the most powerful. There is no end to what Parliament can do or create, Igor Jennings (1959) stated that "parliament can legislate to ban smoking on the street of Paris, parliament can legally make a man into woman", and Sir Leslie Stephens said "Parliament could legislate to have a blue eyed babies put to death"; these quotes show us for how long there have been negative comments towards Parliament Sovereignty and the power they ... Get more on HelpWriting.net ...
  • 22. Ethnic Minorities At Disadvantage Of The Labour Market 2015 [WHY IS ETHNIC MINORITIES AT DISADVANTAGE IN UK] Contents Introduction 1 Ethnic inequalities present in labour market 2 Role of Geography 3 Ethnicity a disadvantage in UK 4 Conclusion 5 References 6 Introduction There has been a lot of discussion about the differences among ethnic groups in the labour marker participation as well as employment status. Labour market inequalities have a major issue which is seen in three geographical levels i.e. country, local enterprise partnerships as well as local authorities. In the following report we try to evaluate the ethnic differences in the labour market participation which includes both unemployment as well as different types of self–employments which have been in practice over a period of time. The focus is also on the levels of disadvantage among the ethnic groups who are employed. The other aspects in consideration are the geography of unemployment as well as the differences which is experienced by minority groups in terms of employment and the occupational status. There are several studies which have shown a negative relationship among ethnic diversity as well as social capital and have assumed that the harmful effect over diversity on the social cohesion. It is said that social cohesion should be harmful effect over diversity on social cohesion. The concept of social cohesion needs to be treated as a multifaceted concept and any kind of analysis in relationship of diversity as well as social capital needs has ... Get more on HelpWriting.net ...
  • 23. Compare and Contrast the Westminster Political System in... A comparison of political systems is done to deepen our understanding of our own institutions, as well as to expand our awareness and views on other political alternatives. But what is a political system. David Easton (A System Analysis of Political Life, 1965) defined a political system as that "behavior or set of interactions through which authoritative allocations are made and implemented for society". Simply put it's a set of institutions and agencies that implement goals of a society. The Westminster system derives its name from the Palace of Westminster, the home of the British House of Parliament. It is a adversarial two party system that utilizes a single member plurality system. The plurality system is easy to ... Show more content on Helpwriting.net ... The House of Lords processes and revises legislation and acts as a check on the government and the House of Commons through oral and written questions and policy debates. The Peers' expertise allows them to deal with broad issues related to science, economy, and the constitution. The House of Commons The House of Commons is made up of 650 Members of Parliament (MPs), all of whom are elected by voters to represent them and their interests. No special training or background is necessary to become an MP, though any person running for a seat in the House of Commons must be at least 21 years old. The Executive The executive branch consists of the head of state, the head of Government known as the Prime Minister and the Cabinet. The Cabinet is composed of approximately 20 Members who are chosen by the Prime Minister from the House of Commons. It is this element that creates a fusion of power of the legislative and the executive. The functions of the Cabinet are to initiate and decide on policy, the supreme control of government and the co–ordination of government departments. The exercise of these functions is vitally affected since Cabinet depends upon majority support in the House of Commons. Majority governments based on a single party are typically stable, as long as ... Get more on HelpWriting.net ...
  • 24. Differences Between ABS And Conventional Law Companies Summary: In this essay we will explore the advent of innovating business structures, its principles and concepts, the social and economic contexts and the relevant policy issues and non legal resolutions, which diminish the models of legal services provisions, and the relation to the Legal Services Act 2007 Introduction First, we need to understand the meaning of business structures, which essentially are how the business are organised, rules and policies to compose the formation of the business, the roles and responsibilities to effectively control and coordinate the daily issues. The importance of the Legal Services in the UK economy, is growing every day, as economic fortunes are being made in the world, the speed of trader operations, and how the capital flows, are leading to a new innovative structure ... Show more content on Helpwriting.net ... Great opportunities are merged from the new system in relation to partnerships, but must be noted that moving away from the traditional Legal Services does not mean success or either cannot guarantee success, as the legal profession in England and Wales has been very successfully since ... Get more on HelpWriting.net ...
  • 25. Annotated Bibliography On Crime And Justice Annotated Bibliography on Crime and Justice Crime may simply be referred to as an offense against the state or against morality and is punishable by law, while justice is the fairness practiced during judgment of cases usually in instances where crime has taken place. Crime and justice go hand in hand as commonly evident in a case whereby a criminal is apprehended and taken to a court of law, then a ruling of justice practiced on the case and fairness used in passing of judgments. In most governments globally, crime and justice is managed by a criminal and justice department and typically, various departments are involved. These departments may primarily include; the police, the prosecution department, the law department, the correctional ... Show more content on Helpwriting.net ... 2. Matthew Robinson and Marian Williams: The Myth of a Fair Criminal Justice System The Criminal Justice Systems have various objectives to achieve, one of them being reduction of crime levels. Another core objective is practicing justice. These two objectives can be achieved in various ways. Evidence has been presented by the authors that the judicial systems sometimes play unfair in solving crime cases. The authors confirm that there exists evidence supporting the fact that many criminal justice processes are unfair and could be described as biased, subjective, inequitable, serving financial morals and grows out of the criminal law. They also conclude from the study that the myth on the criminal justice system being fair is not true from the law making department down to the correctional department. 3. White Paper On Crime; The Community and The Criminal Justice System This journal focuses on the aims of criminal justice system in delivering quality service to the community through public safety enhancement. The author has highlighte some of the measures and steps the system has taken to ensure it achieves its objectives and interaction with various parties. These parties include; victims, witnesses, the accused and criminal justice professionals. The next three literatures reviews are the government reports on crime and justice. They are; 4. Task Force Report from American Society Of Criminology: Critical Criminal Justice Issues The government report ... Get more on HelpWriting.net ...
  • 26. Annotated Bibliography On Criminal Justice System Criminal Justice System The technological advancement era that has marred the 21st century has seen heightened increased surveillance and proactive crime investigations. Such growth has seen positive legislative moves that have allowed the use of telecommunication gadgets in monitoring trends of criminal activities and criminal gangs[footnoteRef:1]. Most commonwealth nation which United Kingdom is a member have since passed and enacted laws that provide some sort of immunities and exemptions for officers that may violate laws in the process of administering their works. [1: G. Marx, Undercover–Police Surveillance in America (University of California Press: Berkeley, 1988); and C. Fijnaut and G. Marx (eds.), Undercover–Police Surveillance ... Show more content on Helpwriting.net ... Consequently, the Canadian systems strives to strike a balance between crime control and prevention goals and equity, fairness, and protection of persons which are key to having a just system. Sweden on the other hand positions her criminal justice system to reduce crime and secure her people[footnoteRef:3]. The Chinese system believes that a well functional society are key to having the right of every citizen protected. [3: ] World over, the criminal justice system work closely with undercover police units that are used to do unearth a series of sensitive evidence against law offender. By definition, undercover work as largely used is when police officers do not reveal their identities. As many opine, this form of policing takes a wider berth of forms and situation within which they operate. There is a general acknowledge among the justice system and the public on the need to have undercover policing in order to subvert threats to public safety such as terrorism Over the years, there have been ethical concerns over the works of undercover policemen both to the officers and those under study. The most essential to the system is the manner in which information is obtained and the more controversial is the means with which such information are obtained. Most laws have provisions that require undercover police and any other person within the ... Get more on HelpWriting.net ...
  • 27. New South Wales 's Impact On Social And Economic Development New South Wales was given self–government because of social, economical and political development in the 19th century that would change society. In 1810, Lachlan Macquarie became the Governor of New South Wales creating tremendous impact for social and economic development. Macquarie was the last autocratic Governor of New South Wales from 1819–1821, as New South Wales would transition from a penal colony to a self–governed society. Macquarie established economic growth in many forms as public works, churches and charitable institutions creating employment and commerce. He also sought a strong relationship with the Aborigines that helped create peace unity with the Europeans that would settle in New South Wales. In 1810–1850, the social and political development in New South Wales saw a rise in squattocracy and the formation of political groups in Sydney with new demands. It remains significant to explore why New South Wales was given self–government with focus social and political development that would change creating economic growth to form a new society. From 1810 to 1821, New South Wales was governed by Lachlan Macquarie who later would be called "The Father of Australia". Macquarie was among the first military governors of New South Wales and the last aristocratic governor of this territory. Macquarie vision was to transform New South Wales from a traditional penal convict establishment to a society that was more reflective of the English lifestyle. Macquarie ... Get more on HelpWriting.net ...
  • 28. Comparative Law Report : United Kingdom And The United States COMPARATIVE LAW REPORT THE UNITED KINGDOM AND THE UNITED STATES CTEC 1412 COMPUTER ETHICS, LAW and PORTFOLIO RAJAT RAJPUT BSc Computer Science P15222274 CONTENT PAGE 1. Introduction 1.1 United Kingdom Jurisdiction 1.2 United States Jurisdiction 2. Main Body (comparison) 2.1 The Constitution 2.2 Creating Laws 2.3 The Lawyers 2.4 The Jury 3. Conclusion 4. References 1. INTRODUCTION: 1.1 The United Kingdom Jurisdiction: The United Kingdom of Great Britain and Northern Ireland consisted of England, Wales, Scotland and Northern Ireland. It achieved its present form in 1922 after the partition of Northern Ireland. England and Wales have a combined Judicial system and Scotland and Northern Ireland have their own independent judicial systems under the Act of 1707 and 1800. There is no single written constitution for The U.K. The Constitutional Laws of the UK contain Statute Law, Case Law and
  • 29. Constitutional Convention. They do not have any statutory authority but do consist the binding force. The relationship between the Sovereign (the Queen) and the parliament is rather conventional than statutory. The ministry of Justice is the responsible government body for the justice system and the constitutional policy. The head of the body is called the Lord Chancellor and the Secretary of State for Justice. The cabinet office has the duty to look over specific areas of the constitutional policy that are devolution election and the royal succession. ... Get more on HelpWriting.net ...
  • 30. Advantages And Disadvantages Of Judges When judges are spoken of as a group, they are referred to as the judiciary. There are many different levels of judges, but the basic function is the same at all levels: judges are there to adjudicate on disputes in a fair, unbiased way, applying the legal rules of England and Wales. There is no clear–cut division between civil and criminal judges, as many judges at the various levels are required to sit for both types of case. This in itself causes problem as, before their appointment, most judges will have specialised in one area of law. The head of the judiciary is the Lord Chief Justice. When considering judges the first point is that there is a marked difference between what are we called superior judges and inferior judges. Superior ... Show more content on Helpwriting.net ... ('High judicial office' is defined to include High Court Judges of England and Wales, and of Northern Ireland; Court of Appeal Judges of England and Wales, and of Northern Ireland; and Judges of the Court of Session).Alternatively, applicants must fulfill the judicial–appointment eligibility condition on a 15–year basis, or have been a qualifying practitioner for at least 15 years.A person satisfies the judicial–appointment eligibility situation on a 15–year groundwork if he has been a solicitor of the senior courts of England and Wales, or barrister in England and Wales, for at least 15 years; and has been gaining ride in regulation at some stage in the post–qualification period.Aindividual is a qualifying practitioner if he is an recommend in Scotland or a solicitor entitled to appear in the Court of Session and the High Court of Justiciary; or he is a member of the Bar of Northern Ireland or a solicitor of the Court of Judicature of Northern Ireland.The meaning of "gaining experience in law" is set out in area 52(2) to (5) of the Tribunals and Enforcement Act 2007 and relates to a length engaged in regulation related activities."It is the accountability of the Lord Chancellor to convene a determination commission: he generally does this through way of a letter to the President of the Court who chairs the determination commission. Under adjustments brought thru the Crime and Courts Act 2013 the ... Get more on HelpWriting.net ...
  • 31. Criminology Criminology Assignment This essay will analyse a contemporary Policy document policing in the 21st century: Reconnecting police and the people. It is a document presented by the secretary of state for the Home Department by Command for Her Majesty in July 2010. It will look at how some philosophies of punishment and models of criminal justice are convincing in explaining the methods and tactics used to formulate criminal justice policies as evidence in Policing in the 21st Century: Reconnecting police and the people. Other policy documents will be looked at in other to compare their similarities. Crime control, bureaucratic models the philosophy of deterrence and rehabilitation are convincing in explaining the politics of this policy ... Show more content on Helpwriting.net ... The extent of collaboration of the public that can be secured diminishes proportionately to the necessity of the use of physical force. Police look for and protect public favor not by taken account public opinion but by constantly demonstrating absolute neutral service to the law. Police use physical force to the extent necessary to secure execution of the law or to restore order only when the exercise of persuasion, advice and warning is found to be insufficient. Police, at all times, should maintain a relationship with the public that gives reality to the historic tradition that the police are the public and the public are the police; the police being only members of the public who are paid to give full–time attention to duties which are incumbent on every citizen in the interests of community welfare and existence. Police should always direct their action strictly towards their functions and never appear to assume the responsibilities of the judiciary. The test of police efficiency is the absence of crime and disorder, not the visible evidence of police action in dealing with it. [http:www.historyhome.co.ukpeellaworder9points.htm]. However, while the aim of the police is crime control and prevention, the major role is often perceived as collecting evidence and bringing offenders to justice. [Davies et al. P 141]. The police are involved in the maintenance of order in the society and dealing with crowds at sporting events and ... Get more on HelpWriting.net ...
  • 32. Case Study: Her Majesty Prison Service As described at HM Prison Service webpage (2015), Her Majesty Prison Service (HMPS) is an executive agency, sponsored by the Ministry of Justice. HMPS keep those sentenced to prison in custody, helping them lead law–abiding and useful lives, both while they are in prison and after they are released. HMPS work with courts, police and local councils, as well as voluntary organisations, to do this. HMPS run 109 of the 123 prisons in England and Wales and responsible for managing prison and probation services as well as for supporting effective offender management. HMPS employ people in a variety of roles, such as: officer, healthcare, chaplaincy, managerial, support and administrative roles. In 2004 approximately 44 000 employees were working ... Show more content on Helpwriting.net ... It is estimated that about one in six of the adult population will have a significant mental health problem at any one time (more than 7 million people). 50–70 cases of homicide a year involving people known to have a mental health problem at the time of the murder. About 360 of the 600 killings every year are by people with drug and alcohol problems, compared to around 50 – 70 (mostly of loved–ones) – by people with mental health problems There are only about five homicides a year by strangers with a mental health problem. Using mental health statistics in relation above, describe the role the media plays in relation to how crime is seen compared to the facts and the impact this can have on public perception ITC 5.1 According to statistics, in 2009 60% of homicides are committed by people with drug and alcohol problems and only approximately 10% by people with known mental health problems. There were 7 million people with a significant mental health problem at any one time and around 50–70 of them committed killings which means that only one from over 100 000 mental sick people was a killer. Most homicides influenced by alcohol–, drugs–related and other problems: 36 million mentally healthy people committed around 530 killings which means that one in approximately 68 000 of them was a ... Get more on HelpWriting.net ...
  • 33. The Judiciary Of A Country Essay To what extent is it a concern that the judiciary of a country is unreflective of the diversity within that countries population? The lack of diversity in the judiciary is deeply entrenched in legal culture. A profession that is intrinsically white, male, and middle class is an intimidating environment for those who fall outside this categorisation. The problem with having a single dominant group is not so much the lack of gender, ethnicity and social minorities in the judiciary but rather the lack of understanding of the various life experiences and perspectives of the diverse community the judiciary serves. An understanding that can only be acquired first hand from personal experience. While it is generally accepted that increasing diversity in judiciary will improve the overall quality of judgments there is not really any real sense of urgency to address this issue. A more diverse judiciary is seen as more of a desire than a necessity. This complacency can be partially attributed to an assumption that eventually the judiciary will balance itself but this has proven to be unsuccessful. The case for judicial diversity generally fall within the scope of three arguments. Firstly is the argument from the standpoint of democratic legitimacy. This is the idea that it is principally wrong for the judiciary to be comprised primarily of heterosexual, white, middle class, male lawyers from private law firms. A more diverse judiciary would garner increased support from the ... Get more on HelpWriting.net ...
  • 34. The reform of the British constitution remains unfinished... In this essay, I would like to analyse why the reform of the British constitution is seen as unfinished business. Constitutional reform is when the system of government and how government institutions interact is changed. This has also meant the codification of some components of the constitution in the UK. Between 1997 and 2007, there were a considerable number of constitutional reforms introduced by the Blair governments. These reforms included devolution in Scotland, Wales and Northern Ireland, decentralisation, reform of the House of Lords and Commons, creations of new legislation granting greater freedom and rights within the UK, and so on. However, some of them are yet to be accomplished or in progress related to the electoral and ... Show more content on Helpwriting.net ... Until now, the content of the constitutional reform has not covered any electoral reform yet as the constitution was prone to manipulation by single–party governments. The reform of the Human Rights Act can illustrate that the constitutional reform did not go far enough. In 1998, the Blair government announced that the citizens ' rights would be safeguarded and strengthened through incorporating the European Convention on Human Rights into UK law. However, this created a problem as the UK now has two sets of rights – those built up under Common Law and those in the Human Rights Act. These two sets of rights may conflict and, in addition, cases can be taken using these rights to both the UK Supreme Court and the European Court of Human Rights (which is the supreme court for the European Convention on Human Rights). The UK judiciary is divided on how to resolve this issue. The centrepiece of Labour 's programme of constitutional reform was undoubtedly devolution. This was achieved with remarkably few problems. There now seems no likelihood that the new arrangements could be reversed, even by a Conservative administration. The election on 6 May 1999 of a Parliament in Scotland, with extensive powers of primary legislation as well as tax– raising, and an Assembly in Wales, with powers of secondary legislation only, will have a profound impact on governance within the UK. In ... Get more on HelpWriting.net ...
  • 35. The Influence of Traditional Western Law on the... Intro to Law Assessment 1 – Essay 35% To what extent did the concepts and institutions of the Western legal tradition influence the colony of New South Wales and, ultimately, the development of the Australian legal system? The concepts and institutions of the Western legal tradition, namely common and statute law, the court system and the Bill of Rights, influenced the colony of New South Wales, and ultimately, the development of the Australian legal system to a great extent. Although the concepts and institutions of the Western legal tradition continue to influence New South Wales and the Australian legal system, the extent to which it does influence has decreased over time. The concepts and institutions of the Western legal ... Show more content on Helpwriting.net ... The formation of these courts proved to be extremely influential to the colony of New South Wales and the development of Australian law as judicial decisions from cases such as Kable v Captain Sinclair (1788) proved crucial for the maturing of the Australian legal system through the legislative establishment of the British law concept of the rule of law. As well as this the institution of the court system also created Australia's own doctrine of precedence. In 1828 the British Parliament enacted the Australian Courts Act (Vines p.174) which stated that all applicable common laws and statutes in force in England on the 28th of July 1828, would apply in the colony. This is known as the date of the Doctrine of Reception. Examples included, "general rules of inheritance and protection from personal injuries" (Blackstone Vines p.1760). In 1842 the Western legislative institution was adapted to the colony with the Australian Constitutions Act. A legislative council was established with 24 of the 36 members being elected. In 1855, the New South Wales Government Act gave this legislature the general power to make laws for the good government of the colony. By 1860, all of the Australian colonies, other than Western Australia were governed very much like Britain (Vines p.185). The Colonial Laws Validity Act (Imp) (1865) gave the NSW parliament the right to amend those British legislative and common laws that did not apply to the colony and ... Get more on HelpWriting.net ...
  • 36. The Judiciary Of England And Wales Subject: Law Question Number or Title: It has been consistently argued that the judiciary in England and Wales is not reflective of society. Critically consider the explanations for the lack of diversity within the judiciary and the extent to which government legislation and initiatives have tried to increase diversity within the judiciary? Student number: 149011027 Total word count: 1252 Over the years, judicial diversity has been an issue of concern for Wales and England. Reform initiatives and debates for judicial diversity are critical features of various common law jurisdictions. The country faces gender and ethnicity diversity as the major dimension of inclusiveness in the judicial system. Critics have raised general ... Show more content on Helpwriting.net ... This essay aims at assessing existing literature on the ethnic and gender composition in the English and Wales' judiciary. The essay will also illustrate the previous efforts of the government in achieving diversity in the judiciary. Gender is a critical dimension of judicial diversity illustrated by the proportions of positions awarded to the males and females on the judiciary. There are different ways of rationalising judicial diversity where judicial appointments follow policy and law that promotes equal opportunities. The judiciary needs to show sensitivity to the experiences and needs of the different elements of legal systems where the judiciary requires illustration of diversity for service as well as diverse judiciary with increased accountability of legal democracies. The current preclusion the gender incorporation dictates the alternative dimension regarding judicial diversity. Features of judicial initiatives towards achieving ethnic and gender diversity are assessed through qualitative and quantitative perceptions and experiences of judicial bias. Nowadays, diversity and equality in England and Wales are matters that professional bodies face and deliberate in their annual reports. Law Society's websites illustrate commitment towards playing leading roles to eliminate discrimination through promoting equality of opportunities and diversities in activities and regulation of representative bodies and employment. ... Get more on HelpWriting.net ...
  • 37. Population Of The United States United States– Ranked third behind China and India for population. The US's population climbed to 320 Million in the year of 2014. The United States estimation population as of October 9th, 2017 has increased since 2014 by 5 million. The current estimation is 325,176,681. As for geographic size comparison, the United States is ranked third in the world behind Russia and Canada. The United States is comprised for 50 states which include the Island State of Hawaii and the North–West state of Alaska. Not only does the United States possess these states, but there are also many United States territories. Due to the location of the United States it makes it possible for the production of food as well as trade because of the vast coastline. The ... Show more content on Helpwriting.net ... The Founding Fathers of the United States established the Rule of Law. This idea of the Rule of Law made it so citizens were seen as equals. There was no one person who was above the law. Each person is accountable for their actions and each person is equal to the next, even political leaders. The Constitution of the United States helped shape the political regime of the country. It established the separation of powers so that no one office holds too much power. Not only did the Constitution establish the separation of powers, but it also helped establish Federalism. Because of Federalism it separated authority between nation and state. This gave each state their power to create their own laws, policies, and judicial system. The Constitution hits three major roles, national, state, and individual rights. The Bill of Rights lays out rights of the individuals that they were entitled to being a part of the US. Some of these individual rights are freedom of speech, religion, press, and assembly. The Constitution of the United States is the longest standing Constitution still in practice. Two centuries after the constitution was drafted, it still remains in effect and is a crucial part of the United States government. The United States is comprised of different branches of government. At the national level there are three institutions; Legislature, Judiciary, and the President. Each institution plays different roles in the ... Get more on HelpWriting.net ...
  • 38. The Final Legacy Of William The Conqueror, Leader Of The... He ended with a BANG! That is the final legacy of William the Conqueror, leader of the Norman invasion of Britain and victor at the iconic Battle of Hastings. When William died, he had developed a bacterial infection in his stomach, which went unnoticed by the mortician. William was a rather heavy man, and the coffin he was given was slightly small, so he was forced into the coffin even though he did not fit. As the infection spread, gas began to build up in his gut, and, in the middle of his funeral precession, the coffin burst, guts and stagnant blood flying all over the now shrieking crowd. But he is remembered for far more impactful and even bloodier events (10). Although the Norman Conquest of 1066 was a year of much bloodshed, that year was pivotal to the nation of Great Britain as it helped to establish the boarders and structure of the Kingdom of Great Britain, it contributed to the creation the English dialect, and brought new political, social, and religious reforms to the region, each of which stood to benefit the lands well being The year of 1066 C.E was a period of great reckoning, as the events of the year's famous Norman invasion would shape the British Isles forever. Before the invasion, England was ruled by a scheming King known as Edward the Confessor, who used his childless marriage as a political tool. He promised his crown to several different people in his lifetime, such as Harold II, the Earl of Wessex, Harold II's brother, Tostig, William, Duke of ... Get more on HelpWriting.net ...
  • 39. Compare And Contrast The Legal System Between The United... The legal systems of the United Kingdom and the United States share a number of obvious resemblances which stem from the history of the countries. Today, throughout England, Wales and Northern Ireland the primary legal system in place is still a Common Law system however the system in Scotland is a combination of both common law and civil law . A common law system will acquire the majority of its laws through past cases with inferior courts being bound by higher courts, in civil law systems there is no such precedent . Prior to gaining its independence, the US began as an English Colony and so the US legal system was directly derived from the English system . This therefore means that the legal system of the US is based upon the same fundamental concept of 'Common Law' with their common law being based upon their constitution. Despite sharing the same basis upon which their legal systems were developed, there are a number of differences between the two. Upon researching these differences I will be looking to answer if it is accurate or not to label these two systems as being part of the same legal family. Arguably, the most imperative difference between the British and American legal systems is the constitution. The fundamental dissimilarity between the US and the UK is that the American constitution is codified in one document, whereas the UK constitution is made up of several constitutional conventions found in numerous Acts of Parliament. It is important to note, that ... Get more on HelpWriting.net ...
  • 40. Crimes Involving The Use Of Firearms Crimes involving the use of firearms consist of around 0.4 percent of all documented offences in England and Wales, doubling since the mid to late 1990's (Povey and Kaiza 2006). This is due to the ever more restrictive legislation and public policy responses. A small number of high profile firearm homicides have significantly increased the public's apprehensions about the problem of illegal firearms. Police, politicians and media reports have illustrated the emergence of a criminal 'gun culture', predominantly in the inner city areas of England (Bennett and Holloway 2004). Comparatively little is known on the other hand, regarding criminal attitudes towards and within the market in illegal firearms therefore limiting the progression of policy, policing practice and an understanding of the impact of firearms legislation (Bryan 2001). Gun Crime is a general term used when including all circumstances, when firearms including shotguns, air guns and imitation firearms are illegally utilised (HMIC 2004). This is inclusive of all illegal possession offences whilst no other crime has been committed. The presence or absence of a gun does not impinge on the likelihood that crime will be committed (NCIS 2003). Criminals will be able to use other weapons as opposed to firearms in order to commit crime and accomplish their negative intention, as the missing presence of firearms does not mean that crimes involving guns are easily avoided (Hoskin 2011). Gun control and ownership does not ... Get more on HelpWriting.net ...
  • 41. Lord Woolf 's The Civil Procedure Rules Within England and Wales the Civil Procedure Rules govern the way in which a case should be conducted within the courts. These rules were introduced in 1999 to enable the court within England and Wales to deal with cases honestly and by restructuring the civil justice process they were able to do. This was to resolve the cases quickly and effectively without utilizing court proceedings. The Civil Procedure rules can be applied within the County courts, The High Court and The Civil Division of the Court of Appeal. Lord Woolf put these new Civil Procedure Rules into place. Lord Woolf published a final report in 1996, this final report analysed in detail what the reforms would fulfil and whether they would be well received. This then ... Show more content on Helpwriting.net ... The rule suggests that the legal representatives and their parties should assist the judges in order to achieve the objective. Under section 1.1 of the Civil Procedure Rules it discusses the way in which practitioners should behave in order to succeed . In 1999 the Civil Procedure Rules came into place these rules were accompanied by Practice Directions , which replaced the Rules of the Supreme Court and also the County Court Rule . These amendments allowed the rules to be simpler also providing an extensive outline for a general application. Lord Woolf suggested that there should be a transformation of the literature, which would be able to support the approach and the legal interpretation of words. The new rules were created to have an accessible and equal attitude due the overriding objective. On the other hand, the new rules did introduce many changes but many of them came from the old system such as, before action begins the claimant has to communicate with the defendant; also the claimant should take action within a fixed period. However every proceeding starts with the claim form; this became the substitute for the writ, which was usually for the High court, and the summons for the County Court. This allowed the new system to be much simpler and efficient compared to the old system . The Pre action protocols were created to focus on the ... Get more on HelpWriting.net ...