Law-Exchange.co.uk Shared Resource
•Download as PPTX, PDF•
1 like•731 views
This document provides an introduction to the A-Level course on criminal law and tort law. It outlines some of the key topics that will be covered, including: 1) Criminal law topics like murder, manslaughter, assault, and defenses. 2) Tort law concepts such as negligence, occupiers' liability, nuisance, and vicarious liability. 3) The differences between law and morals, law and justice, and judicial creativity - which represent the synoptic element drawing on knowledge across topics.
Report
Share
Report
Share
Recommended
Criminal law notes
This document outlines the main forms of law and sources of criminal law. It discusses how civil law governs relationships between individuals and corporations through cases involving malpractice, ownership disputes, and contracts. Criminal law involves felonies for serious crimes punishable by prison time or death, and misdemeanors for less serious crimes resulting in jail time. The sources of criminal law include constitutional law as the highest law, statutory law enacted by legislatures, administrative law in the form of agency rules and regulations, and case law made through court interpretations of other laws. Laws are subject to change over time as social norms evolve.
Tort- Abuse of legal proceeding.
This document discusses malicious prosecution and differentiates it from false imprisonment. Malicious prosecution involves intentionally and maliciously instituting legal action against someone without probable cause that is ultimately dismissed in favor of the victim. It requires proving that the prosecution was without reasonable cause, was motivated by malice, and ended with the plaintiff's acquittal or favor. False imprisonment involves unlawful confinement, while malicious prosecution unlawfully uses legal procedures to cause confinement.
1.4 strict liability & causation
This document discusses strict liability offenses and causation in criminal law. It explains that strict liability offenses do not require proof of mens rea, only actus reus, lowering the prosecution's burden of proof. Strict liability typically applies only to minor offenses to reduce legal system demands. Examples given are speeding and selling to minors. The document also discusses causation, requiring a link between the accused's actions and the criminal result. It analyzes the R v Blaue case, where the accused's appeal failed because refusing medical treatment did not absolve him of responsibility for inflicting wounds that were still operating causes of death.
1.1b the elements of crime
Here are three key points to consider in your essay:
1. The criminal justice system aims to balance protecting society, punishing offenders, and supporting victims. However, these aims can sometimes conflict with each other.
2. The rights of victims include seeking justice and compensation/support. However, punishing offenders too severely could infringe on their rights. Rehabilitation aims to reduce reoffending while also protecting society.
3. Society has a right to feel safe and secure. However, over-punishing may undermine this if it breeds further social problems rather than preventing crime. There are also costs to taxpayers to consider.
Some other factors to discuss could include the role of deterrence, proportionality of sentences,
Trespass to the person
Trespass to the person involves the wrongful invasion of an individual's bodily rights or liberty. It has been replaced by the torts of false imprisonment, assault, and battery, which all involve restricting a person's freedom or liberty without lawful justification. False imprisonment involves unlawfully restraining or confining someone against their will. Assault involves threatening or attempting unlawful physical contact that causes the reasonable apprehension of immediate contact. Battery involves the actual unlawful physical contact with another person. Damages can be awarded for these torts even without proof of physical injury.
Basic Tort Concepts
This document provides an overview of basic tort concepts and their application to police conduct. It defines torts, intentional torts, negligence, and strict liability. It discusses defenses, damages, and methods to avoid trial in tort cases against police such as summary judgment, directed verdict, and dismissal. Government entities have sovereign immunity from most tort claims but this is waived to some extent by acts like the Federal Tort Claims Act.
law of Tort
The document provides an overview of tort law, outlining the main categories of intentional torts, unintentional (negligence) torts, and strict liability torts. It discusses the key elements and examples of various torts such as battery, false imprisonment, defamation, trespass, and negligence. For intentional torts against persons, it describes torts like assault, battery, and intentional infliction of emotional distress. For intentional torts against property, it discusses trespass and conversion. It also examines negligence standards and defenses as well as special negligence doctrines. [/SUMMARY]
Ll.b i lot u 1 origin, nature and scope of law of tort
This document provides an introduction to the law of torts. It defines a tort as a civil wrong arising from a breach of a duty imposed by law. The essential elements of a tort are a wrongful act, legal damage to another, and a legal remedy. Torts are distinguished from crimes in that torts involve private wrongs and civil actions for compensation, while crimes involve public wrongs and criminal prosecution. Torts are also distinguished from breaches of contract in that tort duties are imposed by law rather than an agreement between parties, and tort damages are unliquidated rather than contractual damages. The document outlines general elements of torts and the differences between torts, crimes, and breaches of trust.
Recommended
Criminal law notes
This document outlines the main forms of law and sources of criminal law. It discusses how civil law governs relationships between individuals and corporations through cases involving malpractice, ownership disputes, and contracts. Criminal law involves felonies for serious crimes punishable by prison time or death, and misdemeanors for less serious crimes resulting in jail time. The sources of criminal law include constitutional law as the highest law, statutory law enacted by legislatures, administrative law in the form of agency rules and regulations, and case law made through court interpretations of other laws. Laws are subject to change over time as social norms evolve.
Tort- Abuse of legal proceeding.
This document discusses malicious prosecution and differentiates it from false imprisonment. Malicious prosecution involves intentionally and maliciously instituting legal action against someone without probable cause that is ultimately dismissed in favor of the victim. It requires proving that the prosecution was without reasonable cause, was motivated by malice, and ended with the plaintiff's acquittal or favor. False imprisonment involves unlawful confinement, while malicious prosecution unlawfully uses legal procedures to cause confinement.
1.4 strict liability & causation
This document discusses strict liability offenses and causation in criminal law. It explains that strict liability offenses do not require proof of mens rea, only actus reus, lowering the prosecution's burden of proof. Strict liability typically applies only to minor offenses to reduce legal system demands. Examples given are speeding and selling to minors. The document also discusses causation, requiring a link between the accused's actions and the criminal result. It analyzes the R v Blaue case, where the accused's appeal failed because refusing medical treatment did not absolve him of responsibility for inflicting wounds that were still operating causes of death.
1.1b the elements of crime
Here are three key points to consider in your essay:
1. The criminal justice system aims to balance protecting society, punishing offenders, and supporting victims. However, these aims can sometimes conflict with each other.
2. The rights of victims include seeking justice and compensation/support. However, punishing offenders too severely could infringe on their rights. Rehabilitation aims to reduce reoffending while also protecting society.
3. Society has a right to feel safe and secure. However, over-punishing may undermine this if it breeds further social problems rather than preventing crime. There are also costs to taxpayers to consider.
Some other factors to discuss could include the role of deterrence, proportionality of sentences,
Trespass to the person
Trespass to the person involves the wrongful invasion of an individual's bodily rights or liberty. It has been replaced by the torts of false imprisonment, assault, and battery, which all involve restricting a person's freedom or liberty without lawful justification. False imprisonment involves unlawfully restraining or confining someone against their will. Assault involves threatening or attempting unlawful physical contact that causes the reasonable apprehension of immediate contact. Battery involves the actual unlawful physical contact with another person. Damages can be awarded for these torts even without proof of physical injury.
Basic Tort Concepts
This document provides an overview of basic tort concepts and their application to police conduct. It defines torts, intentional torts, negligence, and strict liability. It discusses defenses, damages, and methods to avoid trial in tort cases against police such as summary judgment, directed verdict, and dismissal. Government entities have sovereign immunity from most tort claims but this is waived to some extent by acts like the Federal Tort Claims Act.
law of Tort
The document provides an overview of tort law, outlining the main categories of intentional torts, unintentional (negligence) torts, and strict liability torts. It discusses the key elements and examples of various torts such as battery, false imprisonment, defamation, trespass, and negligence. For intentional torts against persons, it describes torts like assault, battery, and intentional infliction of emotional distress. For intentional torts against property, it discusses trespass and conversion. It also examines negligence standards and defenses as well as special negligence doctrines. [/SUMMARY]
Ll.b i lot u 1 origin, nature and scope of law of tort
This document provides an introduction to the law of torts. It defines a tort as a civil wrong arising from a breach of a duty imposed by law. The essential elements of a tort are a wrongful act, legal damage to another, and a legal remedy. Torts are distinguished from crimes in that torts involve private wrongs and civil actions for compensation, while crimes involve public wrongs and criminal prosecution. Torts are also distinguished from breaches of contract in that tort duties are imposed by law rather than an agreement between parties, and tort damages are unliquidated rather than contractual damages. The document outlines general elements of torts and the differences between torts, crimes, and breaches of trust.
Introduction to tort
The document defines and explains key concepts related to tort law. It notes that a tort is a civil wrong that results in harm or injury, for which the remedy is an action for unliquidated damages. For a tort to exist, there must be a wrongful act or omission by the tortfeasor that violates a legal duty and causes damage or injury to the plaintiff. Examples of key elements of a tort claim are provided, and torts are distinguished from crimes and contracts.
Ch3 1 powerpoint Tort Law
Tort law provides citizens with legal recourse for private civil wrongs committed against them. It aims to compensate victims for harm caused by others through monetary damages awards. The most common tort is negligence, which involves the failure to act with reasonable care. Intentional torts involve deliberate interference with a person's rights and include assault, battery, false imprisonment, defamation, invasion of privacy, and intentional infliction of emotional distress. Property rights are also protected through intentional torts like trespass, conversion, nuisance, and disparagement. While tort law is a civil matter, some torts like assault may also be criminal offenses.
Ll.b i lot u 2 elements of tort
This document defines elements of tort law and essential requirements for a tort. It notes that a tort requires: 1) A wrongful act through commission or omission of an act. 2) The act must result in legal damage to another person. 3) The tort must give rise to a legal remedy. Some general elements that can constitute a tort are wrongful voluntary or involuntary acts, malice, intention, negligence, recklessness, and fault. Legal damage is required for an action to be redressable, while injury alone is not sufficient.
Lecture 7 fatal offences
This document provides a summary of a lecture on fatal offences, including murder and manslaughter. It recaps the elements of a crime as actus reus (guilty act) and mens rea (guilty mind). It then defines fatal offences as those involving killing the victim, specifically murder and manslaughter. Murder requires an unlawful killing with malice aforethought, defined as intention to kill or cause grievous bodily harm. Manslaughter is unlawful killing without malice aforethought. Voluntary manslaughter is a partial defense to murder where there is provocation or diminished responsibility. Involuntary manslaughter involves death caused without intent.
Crim ii book 2
This document outlines the executive committee and subject committee members for the 2011 Centralized Bar Operations of San Beda College of Law. It provides the names and roles of the overall chairperson, vice-chairpersons, subject chair, and members. It also includes summaries of relevant provisions of the Revised Penal Code on crimes against national security, such as treason, conspiracy and proposal to commit treason, misprision of treason, and espionage. Commonwealth Act No. 616, which further punishes espionage and other offenses against national security, is also summarized.
Mitigating circumstance
This document discusses mitigating circumstances under Article 13 of the Revised Penal Code of the Philippines. It defines mitigating circumstances as factors that lessen criminal liability and reduce the penalty for a crime. There are ordinary mitigating circumstances explicitly listed in the code as well as privileged mitigating circumstances like minority. The document examines several specific ordinary mitigating circumstances in detail, such as insufficient provocation, immediate vindication of a grave offense, and voluntary surrender. It also distinguishes ordinary from privileged mitigating circumstances in terms of how they affect penalties.
Who are criminally liable
This document discusses criminal liability under Philippine law. It defines the different parties that can be criminally liable for offenses: principals, accomplices, and accessories. Principals are those who directly commit crimes or induce others to commit crimes. Accomplices cooperate in the commission of the offense. Accessories assist after the crime's commission by helping the offender profit, conceal the crime, or help the principal escape. The document outlines the elements and examples of each party. It distinguishes between accomplices and accessories and notes some accessories are exempt from liability if related to the principal.
Battery
Battery is the criminal offense of unlawful physical contact with another person with intent to cause harm. It can be a misdemeanor or felony depending on circumstances. To prove battery, the prosecution must show: 1) unlawful force was applied to the victim without consent, 2) the act was done to another person, and 3) the act caused harmful or offensive contact with intent or recklessness. Resisting arrest and obstructing a police officer in their duties are also offenses. Resisting arrest involves fleeing, threatening, or struggling with an officer during an arrest. The officer must be lawfully executing their duties for obstruction to apply. Self-defense or an unlawful arrest are defenses against resisting arrest charges.
Lecture 3
Criminal law has three main objectives: to protect people, maintain order, and punish criminals. A crime harms society and is prosecuted by the state, not private individuals. For an act to be a crime it must be forbidden by law, cause social harm, and the harm must be serious enough to warrant criminal prosecution. There are different categories of crimes such as offenses against persons or property. The government aims to prevent crime through both reactive measures like law enforcement and proactive strategies targeting social factors linked to criminal behavior. For criminal liability, an act must involve both an unlawful act and criminal intent, and the act must cause harm.
Trespass
This document provides an overview of the tort of trespass and its categories in Australian law. It discusses trespass to goods, land, and the person. For trespass to goods, the plaintiff must prove possession of the goods and direct, intentional interference. Defences include lack of possession or unintentional act. Trespass to land requires direct interference with exclusive possession of land. Defences include consent or authorised access. Trespass to the person encompasses assault, battery, and false imprisonment, each requiring proof of intent and direct contact or restraint without consent. Defences include plaintiff consent or actions in certain contexts like contact sports.
offence of Abetment under indian peal code
This document discusses the offence of abetment under the Indian Penal Code. It defines abetment as helping or encouraging someone to do something illegal. Abetment can occur through instigation, conspiracy, or aid. Instigation involves inciting or urging someone to commit an illegal act. Conspiracy involves agreeing with others to commit an illegal act. Aid involves intentionally assisting or rendering support to commit an illegal act. The essential elements of abetment are instigating an illegal act, engaging in conspiracy to commit an illegal act, or intentionally aiding the commission of an illegal act.
Law of tort
The purpose of power point will be very useful to understand the basic information about law of torts.
Tresspass to property
This document discusses different types of trespass including trespass to person and property. Trespass to person includes battery and assault, while false imprisonment requires unlawful confinement. Trespass to property involves unlawful entry onto land or interference with goods. The elements of each type are described. Defenses to trespass claims include acts of God, statutory authority, inevitable accident, the plaintiff being the wrongdoer, necessity, and volenti non fit injuria.
ABETMENT
This document discusses abetment under the Indian Penal Code. It defines abetment as helping or encouraging someone to do something illegal or wrong. Abetment can occur through instigation, conspiracy, or intentional aid. Instigation involves urging or provoking someone to commit an offense. Conspiracy involves agreeing with others to commit an illegal act. Intentional aid involves knowingly assisting or facilitating the commission of an offense. The document provides examples and explanations of each type of abetment under Indian law.
Negligence
The document discusses the tort of negligence. It defines negligence as a failure to take reasonable care that results in harm to another person. When bringing a negligence claim, the plaintiff must prove that the defendant owed them a duty of care, that the duty was breached, and that the breach caused harm. Several cases are examined that deal with establishing duty of care and foreseeability of harm in negligence cases.
Crimes against public order
This document discusses and compares various crimes against public order and safety in Philippine law. It defines and distinguishes between rebellion, subversion, sedition, direct assault, illegal possession of firearms, and alarm and scandal. Rebellion involves public uprising with force against the government to overthrow it. Subversion entails membership in a subversive organization against national security. Sedition involves public protest through illegal means to prevent government functions. Direct assault employs force to attain rebellion/sedition objectives or attacks authorities. Illegal firearms possession is absorbed by rebellion and enhances sedition. Alarm and scandal involves disturbing acts like firearm discharges in public places.
Snowden as whistleblower - Future of Privacy Forum
Provides a definition of whistleblowing; examines whether Edward Snowden is a whistleblower; discusses internal and external whistleblowing; draws a parallel between Snowden's audacious act of civil disobedience with the March 8, 1971 break-in of an FBI office in Media, Pennsylvania.
ASSAULT
Lim grabbed Lau by the shirt collar and frog-marched him to the office in order to avoid further trouble after Lau shouted threats at Seow. This action by Lim potentially constitutes a battery against Lau as it involves the intentional application of physical force. Later, Lim asked friends Chong and Cheng to ensure Lau did not leave the office, which could constitute false imprisonment if Lau was unaware of their presence and unable to leave freely for four hours. Overall, the facts reveal possible causes of action for battery by Lim against Lau and false imprisonment by Chong and Cheng against Lau.
Crimes committed by public officer
This document provides an overview of various crimes committed by public officers under Philippine criminal law. It discusses the elements of malfeasance, bribery, fraud, malversation of public funds, and other offenses. Key points include:
1. To be considered a public officer under the law, one must take part in government functions or duties by direct provision of law, popular election, or appointment.
2. Malversation of public funds involves a public officer misappropriating funds or property for which they are accountable. It can be proven if the officer cannot account for missing funds.
3. Bribery involves a public officer receiving a gift or promise in exchange for performing or not performing an official act.
Parties to the crime
The document discusses different categories of parties involved in crimes:
1) Principals, who directly commit the crime or aid and abet the crime, can be in the first or second degree depending on direct involvement.
2) Accessories, who are indirectly involved before, during, or after the crime, and are not necessarily present. Accessories before the fact help plan the crime. Accessories at the fact are present and help during the crime. Accessories after the fact help the criminal avoid punishment after the crime is committed.
3) The degree of involvement determines the degree of punishment, with more direct involvement receiving higher penalties. Accessories generally receive lesser punishment than principals.
Free UK Law Sources
This presentation highlights various quality sources of free legal information. After university students might find that knowing how to access free legal resources creatively can make them stand out in the job market.
End of unit assessment 2012
ALL of you will be able to identify the relevant doctrines of unlawful act manslaughter and gross negligence manslaughter in considering Wayne's potential liability for Martin's death. MOST of you should be able to apply these doctrines to the facts and discuss breaks in the chain of causation. SOME of you may link to relevant cases to support your analysis of Wayne's liability.
More Related Content
What's hot
Introduction to tort
The document defines and explains key concepts related to tort law. It notes that a tort is a civil wrong that results in harm or injury, for which the remedy is an action for unliquidated damages. For a tort to exist, there must be a wrongful act or omission by the tortfeasor that violates a legal duty and causes damage or injury to the plaintiff. Examples of key elements of a tort claim are provided, and torts are distinguished from crimes and contracts.
Ch3 1 powerpoint Tort Law
Tort law provides citizens with legal recourse for private civil wrongs committed against them. It aims to compensate victims for harm caused by others through monetary damages awards. The most common tort is negligence, which involves the failure to act with reasonable care. Intentional torts involve deliberate interference with a person's rights and include assault, battery, false imprisonment, defamation, invasion of privacy, and intentional infliction of emotional distress. Property rights are also protected through intentional torts like trespass, conversion, nuisance, and disparagement. While tort law is a civil matter, some torts like assault may also be criminal offenses.
Ll.b i lot u 2 elements of tort
This document defines elements of tort law and essential requirements for a tort. It notes that a tort requires: 1) A wrongful act through commission or omission of an act. 2) The act must result in legal damage to another person. 3) The tort must give rise to a legal remedy. Some general elements that can constitute a tort are wrongful voluntary or involuntary acts, malice, intention, negligence, recklessness, and fault. Legal damage is required for an action to be redressable, while injury alone is not sufficient.
Lecture 7 fatal offences
This document provides a summary of a lecture on fatal offences, including murder and manslaughter. It recaps the elements of a crime as actus reus (guilty act) and mens rea (guilty mind). It then defines fatal offences as those involving killing the victim, specifically murder and manslaughter. Murder requires an unlawful killing with malice aforethought, defined as intention to kill or cause grievous bodily harm. Manslaughter is unlawful killing without malice aforethought. Voluntary manslaughter is a partial defense to murder where there is provocation or diminished responsibility. Involuntary manslaughter involves death caused without intent.
Crim ii book 2
This document outlines the executive committee and subject committee members for the 2011 Centralized Bar Operations of San Beda College of Law. It provides the names and roles of the overall chairperson, vice-chairpersons, subject chair, and members. It also includes summaries of relevant provisions of the Revised Penal Code on crimes against national security, such as treason, conspiracy and proposal to commit treason, misprision of treason, and espionage. Commonwealth Act No. 616, which further punishes espionage and other offenses against national security, is also summarized.
Mitigating circumstance
This document discusses mitigating circumstances under Article 13 of the Revised Penal Code of the Philippines. It defines mitigating circumstances as factors that lessen criminal liability and reduce the penalty for a crime. There are ordinary mitigating circumstances explicitly listed in the code as well as privileged mitigating circumstances like minority. The document examines several specific ordinary mitigating circumstances in detail, such as insufficient provocation, immediate vindication of a grave offense, and voluntary surrender. It also distinguishes ordinary from privileged mitigating circumstances in terms of how they affect penalties.
Who are criminally liable
This document discusses criminal liability under Philippine law. It defines the different parties that can be criminally liable for offenses: principals, accomplices, and accessories. Principals are those who directly commit crimes or induce others to commit crimes. Accomplices cooperate in the commission of the offense. Accessories assist after the crime's commission by helping the offender profit, conceal the crime, or help the principal escape. The document outlines the elements and examples of each party. It distinguishes between accomplices and accessories and notes some accessories are exempt from liability if related to the principal.
Battery
Battery is the criminal offense of unlawful physical contact with another person with intent to cause harm. It can be a misdemeanor or felony depending on circumstances. To prove battery, the prosecution must show: 1) unlawful force was applied to the victim without consent, 2) the act was done to another person, and 3) the act caused harmful or offensive contact with intent or recklessness. Resisting arrest and obstructing a police officer in their duties are also offenses. Resisting arrest involves fleeing, threatening, or struggling with an officer during an arrest. The officer must be lawfully executing their duties for obstruction to apply. Self-defense or an unlawful arrest are defenses against resisting arrest charges.
Lecture 3
Criminal law has three main objectives: to protect people, maintain order, and punish criminals. A crime harms society and is prosecuted by the state, not private individuals. For an act to be a crime it must be forbidden by law, cause social harm, and the harm must be serious enough to warrant criminal prosecution. There are different categories of crimes such as offenses against persons or property. The government aims to prevent crime through both reactive measures like law enforcement and proactive strategies targeting social factors linked to criminal behavior. For criminal liability, an act must involve both an unlawful act and criminal intent, and the act must cause harm.
Trespass
This document provides an overview of the tort of trespass and its categories in Australian law. It discusses trespass to goods, land, and the person. For trespass to goods, the plaintiff must prove possession of the goods and direct, intentional interference. Defences include lack of possession or unintentional act. Trespass to land requires direct interference with exclusive possession of land. Defences include consent or authorised access. Trespass to the person encompasses assault, battery, and false imprisonment, each requiring proof of intent and direct contact or restraint without consent. Defences include plaintiff consent or actions in certain contexts like contact sports.
offence of Abetment under indian peal code
This document discusses the offence of abetment under the Indian Penal Code. It defines abetment as helping or encouraging someone to do something illegal. Abetment can occur through instigation, conspiracy, or aid. Instigation involves inciting or urging someone to commit an illegal act. Conspiracy involves agreeing with others to commit an illegal act. Aid involves intentionally assisting or rendering support to commit an illegal act. The essential elements of abetment are instigating an illegal act, engaging in conspiracy to commit an illegal act, or intentionally aiding the commission of an illegal act.
Law of tort
The purpose of power point will be very useful to understand the basic information about law of torts.
Tresspass to property
This document discusses different types of trespass including trespass to person and property. Trespass to person includes battery and assault, while false imprisonment requires unlawful confinement. Trespass to property involves unlawful entry onto land or interference with goods. The elements of each type are described. Defenses to trespass claims include acts of God, statutory authority, inevitable accident, the plaintiff being the wrongdoer, necessity, and volenti non fit injuria.
ABETMENT
This document discusses abetment under the Indian Penal Code. It defines abetment as helping or encouraging someone to do something illegal or wrong. Abetment can occur through instigation, conspiracy, or intentional aid. Instigation involves urging or provoking someone to commit an offense. Conspiracy involves agreeing with others to commit an illegal act. Intentional aid involves knowingly assisting or facilitating the commission of an offense. The document provides examples and explanations of each type of abetment under Indian law.
Negligence
The document discusses the tort of negligence. It defines negligence as a failure to take reasonable care that results in harm to another person. When bringing a negligence claim, the plaintiff must prove that the defendant owed them a duty of care, that the duty was breached, and that the breach caused harm. Several cases are examined that deal with establishing duty of care and foreseeability of harm in negligence cases.
Crimes against public order
This document discusses and compares various crimes against public order and safety in Philippine law. It defines and distinguishes between rebellion, subversion, sedition, direct assault, illegal possession of firearms, and alarm and scandal. Rebellion involves public uprising with force against the government to overthrow it. Subversion entails membership in a subversive organization against national security. Sedition involves public protest through illegal means to prevent government functions. Direct assault employs force to attain rebellion/sedition objectives or attacks authorities. Illegal firearms possession is absorbed by rebellion and enhances sedition. Alarm and scandal involves disturbing acts like firearm discharges in public places.
Snowden as whistleblower - Future of Privacy Forum
Provides a definition of whistleblowing; examines whether Edward Snowden is a whistleblower; discusses internal and external whistleblowing; draws a parallel between Snowden's audacious act of civil disobedience with the March 8, 1971 break-in of an FBI office in Media, Pennsylvania.
ASSAULT
Lim grabbed Lau by the shirt collar and frog-marched him to the office in order to avoid further trouble after Lau shouted threats at Seow. This action by Lim potentially constitutes a battery against Lau as it involves the intentional application of physical force. Later, Lim asked friends Chong and Cheng to ensure Lau did not leave the office, which could constitute false imprisonment if Lau was unaware of their presence and unable to leave freely for four hours. Overall, the facts reveal possible causes of action for battery by Lim against Lau and false imprisonment by Chong and Cheng against Lau.
Crimes committed by public officer
This document provides an overview of various crimes committed by public officers under Philippine criminal law. It discusses the elements of malfeasance, bribery, fraud, malversation of public funds, and other offenses. Key points include:
1. To be considered a public officer under the law, one must take part in government functions or duties by direct provision of law, popular election, or appointment.
2. Malversation of public funds involves a public officer misappropriating funds or property for which they are accountable. It can be proven if the officer cannot account for missing funds.
3. Bribery involves a public officer receiving a gift or promise in exchange for performing or not performing an official act.
Parties to the crime
The document discusses different categories of parties involved in crimes:
1) Principals, who directly commit the crime or aid and abet the crime, can be in the first or second degree depending on direct involvement.
2) Accessories, who are indirectly involved before, during, or after the crime, and are not necessarily present. Accessories before the fact help plan the crime. Accessories at the fact are present and help during the crime. Accessories after the fact help the criminal avoid punishment after the crime is committed.
3) The degree of involvement determines the degree of punishment, with more direct involvement receiving higher penalties. Accessories generally receive lesser punishment than principals.
What's hot (20)
Snowden as whistleblower - Future of Privacy Forum
Snowden as whistleblower - Future of Privacy Forum
Viewers also liked
Free UK Law Sources
This presentation highlights various quality sources of free legal information. After university students might find that knowing how to access free legal resources creatively can make them stand out in the job market.
End of unit assessment 2012
ALL of you will be able to identify the relevant doctrines of unlawful act manslaughter and gross negligence manslaughter in considering Wayne's potential liability for Martin's death. MOST of you should be able to apply these doctrines to the facts and discuss breaks in the chain of causation. SOME of you may link to relevant cases to support your analysis of Wayne's liability.
Synoptic cases 2010 11
This document outlines several precedents related to manslaughter cases in UK law. It discusses precedents establishing:
1) Constructive manslaughter requires an unlawful act that a reasonable person would recognize poses a risk of harm.
2) Gross negligence manslaughter is based on ordinary negligence rules, and it is for the jury to decide if the defendant's actions amounted to gross negligence worthy of criminal punishment.
3) Manslaughter is difficult to define, but recklessness can be used to instruct juries, and there is a difference between unlawful and lawful but careless acts.
4) Juries can be instructed on recklessness and subjective recklessness may be enough for manslaughter. Vague definitions are needed for juries in
Online assignment saranya
This document discusses correlating the teaching of physical science with history and geography. It begins by explaining that science should not be taught in isolation and benefits from connections to other subjects. It then provides examples of how physical science correlates with geography, such as instruments used in both subjects and how scientific principles relate to topics in geography. Examples are also given of how physical science interconnects with historical events and figures, such as scientists who received patronage from rulers and how scientific discoveries occurred alongside important time periods. The document concludes that education works best when connections between subjects are emphasized to give students a comprehensive understanding.
Law & order
The document discusses different perspectives on law and order policy in the UK, including liberal, authoritarian, Conservative, and Labour approaches. It outlines that historically Conservatives were seen as tougher on crime but since the 1990s both major parties have adopted increasingly authoritarian stances to "out tough" each other. While they agree on tougher policing and criminal justice policies, there are some divisions around balancing punishment with addressing social causes of crime and potential civil liberties infringements.
law and order
This document discusses the issue of law and order in Pakistan. It notes that law and order has been a longstanding challenge for Pakistan, with governments formulating norms but lacking implementation. It highlights specific problems like terrorists being arrested but not sentenced due to lack of evidence, corruption in law enforcement agencies, and a slow prosecution system. Proposed solutions include renewing laws with stricter punishments, increasing wages for police and paramilitary forces, establishing effective policing, and making the judicial system more efficient.
PI 1.1 the law, customs and rules
The document defines key concepts around laws, rules, and customs. It states that laws are rules made by a sovereign power and apply universally and are strictly enforced. Rules apply to certain people at certain times, are often written down, and are not enforceable by the state. Customs are traditions that have developed within a group over time. It notes that as groups developed, rules became formalized as laws and an authority was put in place to enforce them and penalties. The document examines the differences and relationships between these concepts and how they have evolved and function within society.
1.3 just laws and the nature of justice
This document discusses the characteristics of just laws and the nature of justice. It states that for a law to be valid it must be just, equal in application, based on widely held societal values, aim to benefit society as a whole, redress inequalities, minimize delay, not be applied retrospectively, and be publicly known. It also explains that justice involves equality, fairness, and access, as symbolized by Lady Justice with her blindfold, scales, and sword. For justice to be achieved, individuals must have access to legal information, assistance, and the ability to understand and engage with the law.
A2 Edexcel Government & Politics Unit 4 examples and case studies
This document provides information on checks and balances between the three branches of government in the US (executive, legislative, judicial) and discusses key concepts in federalism. It outlines powers and examples of interactions between Congress, the President, and Supreme Court, such as Obama's nominations, Congressional overrides of vetoes, and landmark Supreme Court cases. Trends during Obama's presidency emphasized increased funding to states but maintained federal policy influence. The document also examines the "imperial presidency" concept and approaches to constitutional interpretation.
Common law UK resources
This document provides an overview of UK common law research resources, including:
- The structure and hierarchy of the UK judicial system and courts.
- The evolution and purpose of law reports and how to cite them.
- How to research legislation, including the types of legislation, how bills become acts, and how to cite acts and statutory instruments.
- Major legal databases for researching case law and legislation.
Unit 3 revision handbook
This document is a revision guide for a UK politics unit focusing on UK political issues since 1979. It provides an overview of the unit's structure and content, which covers economic policy, environmental policy, and other policy areas. For economic policy, it outlines key themes around monetary/fiscal policy and how the government uses micro/macro policies. It also discusses the Labour, Conservative, and Coalition governments' economic approaches and policies. For environmental policy, it discusses the historical context and changes in party stances. It provides details on policy areas and debates for both topics to prepare students for questions that may appear on the exam.
2.1 sources of law british common law
Common law originated in England and has spread to other countries like Australia. It is law developed by judges through precedents set in past cases, rather than law made by parliament. Judges must follow statutes but can interpret them and fill gaps using common law principles. Over time, as more cases were decided, a system of precedent developed where judges are bound by past decisions of higher courts. Equity later developed to provide remedies where common law was deficient, using moral principles of fairness. Both legal systems now coexist in Australia with precedent and equity considered together. The adversarial system used in common law involves opposing sides arguing their case before a neutral decision maker.
Law and order big challenge for pakistan
The document discusses the law and order situation in Pakistan. It faces political and security uncertainties since its inception. Its strategic location also makes it susceptible to instability in neighboring countries like India, China, Afghanistan. The fight between political parties and sectarian violence have exacerbated targeting killing and bombings. This has negatively impacted the economy through reduced investments and growth. Improving the judicial system and having all stakeholders like political parties and security forces work together with effective plans is needed to address this major challenge facing Pakistan.
Natural law revision notes
Natural law claims that everything has a purpose designed by its creator, and this purpose is what is intrinsically good. The concept has its roots in ancient Greek and Roman philosophy as described by thinkers like Aristotle and Cicero. Thomas Aquinas was a major proponent of natural law in the 13th century. He argued that natural law is derived from human reason and aims toward the highest good of God. Natural law theory proposes that there are fundamental moral principles knowable by reason, including prohibitions against murder, theft, and deception. However, critics argue that natural law faces challenges in accounting for concepts like homosexuality, contraception, and evaluating actions based on their consequences rather than intrinsic nature alone.
Jurisprudence - Natural Law
This document provides an overview of natural law theory, including its origins in ancient Greek philosophy and its development through thinkers like Aquinas, Grotius, and Locke. It discusses two main types of natural law theory: a theory of morality that argues moral propositions can be objectively true or false and are derived from human nature; and a theory of law that argues there is an overlap between law and morality such that legal validity depends at least partly on moral content. The document then examines conceptual naturalism as a form of natural law theory of law, outlining classical naturalism's view that human laws are only valid if consistent with natural law, deriving authority from it. It notes criticisms of conceptual naturalism but argues these
AS Politics - Revision Guide: Unit 1
This document discusses political participation and voting behavior in the UK. It provides an overview of key concepts like democracy, political power vs authority, and different theories that seek to explain voting behavior such as party identification theory, sociological theory, and rational choice theory. It also examines factors that influence voting like social class, partisanship, and more recent short-term influences. Participation in politics has declined over time with fewer people joining political parties or contacting politicians.
Law And Order
Law and order problems in the early American West were caused by two overlapping systems of government and the rapid expansion and settlement of the region. Enforcement was difficult due to the vast distances, shortage of officers, and sometimes corrupt officials. Settlers sometimes took matters into their own hands through vigilante committees. Outlaws and disputes between ranchers and homesteaders also contributed to lawlessness. Eventually, as more territories became states, communication improved with the railroad and telegraph, and more permanent towns were established, law and order was established through the formal legal system.
Presentation on Consumer protection act new
The Consumer Protection Act was passed in 1986 to protect consumer interests from unscrupulous business practices. It establishes a three-tier system for resolving consumer disputes - district forums for disputes under 20 lakh rupees, state commissions for 20 lakh to 1 crore disputes, and the national commission for over 1 crore disputes. The act defines key terms like 'consumer' and provides remedies like replacement, refunds, and compensation. Consumer organizations play an important role in educating people about their rights under the act.
Viewers also liked (18)
A2 Edexcel Government & Politics Unit 4 examples and case studies
A2 Edexcel Government & Politics Unit 4 examples and case studies
Similar to Law-Exchange.co.uk Shared Resource
tort.pptx notes for ba llb ccs university
Tort law governs civil wrongs and provides remedies for legal damages. The essential elements of a tort are: 1) a wrongful act or omission by the defendant, 2) legal damage to the plaintiff, and 3) a legal remedy. Legal damage can include violation of a legal right without actual harm (injuria sine damnum). One defense against tort liability is voluntary assumption of risk (volenti non fit injuria), but mere knowledge of a risk is not enough to invoke this defense - the plaintiff must have consented to the harm.
Definition of tort
This document defines torts and their key elements. It provides definitions of tort from several sources, including Sir Salmond who defines it as a civil wrong resulting in unliquidated damages that is not a breach of contract. Two elements of tort are identified: (1) damage, which requires both damnum (financial loss) and injuria (unauthorized interference); and (2) mens rea, or a culpable state of mind, which in torts refers to a wrongful intention or culpable negligence rather than a wicked motive. Torts are distinguished from crimes in that torts involve a private wrong while crimes harm the community; torts involve a suit between parties while crimes are prosecuted by the state; and tort
INTRODUCTION TO CRIMINAL LAW
Criminal law 101 provides an overview of key concepts in criminal law. It defines criminal law and discusses characteristics like being generally binding and having prospective effect. It also outlines sources of criminal law like the Revised Penal Code. Crimes are further categorized as being against persons or properties. The basic elements of a crime are also defined, including actus reus, mens rea, concurrence, and causation. Crimes can be classified as felonies, misdemeanors, malum in se, or malum prohibitum. The stages in committing a crime and theories of criminal law like the classical and positivist approaches are also summarized. Penalties and levels of participation like principals, accomplices and accessories
The criminal code of canada
The document outlines various criminal offences in Canada, including their elements and classifications. It discusses violent offences like homicide, murder, manslaughter, and assault. It also covers sexual assault and identifies three levels based on severity of the crime. Motor vehicle offences in the Criminal Code like dangerous operation and hit-and-run are explained. Impaired driving laws and penalties for exceeding blood alcohol limits while operating a vehicle are also summarized.
65_244794.pptx
This document provides an introduction to the law of torts. It defines a tort as a civil wrong that gives rise to a remedy of unliquidated damages and is independent of contract. The three elements of a tort are a wrongful act by the defendant, legal damage to the plaintiff, and the wrongful act must be of a nature that allows legal remedy through damages. Torts can involve personal wrongs like assault, property wrongs like trespassing, or general wrongs like negligence. Available remedies for torts include judicial remedies like damages and injunctions, as well as extra-judicial remedies like self-defense and abatement of nuisance. Defamation involves wrongfully injuring someone's reputation through libel
Elements of Crime and Justifications
There are two essential elements required for criminal liability: actus reus (criminal act) and mens rea (guilty mind or criminal intent). Defenses to a crime include excuses like insanity or involuntary intoxication, as well as justifications like duress or self-defense. Strict liability laws can find someone guilty without mens rea for acts that endanger the public.
Involuntary Manslaughter
The document discusses the key elements of involuntary manslaughter, including gross negligence and constructive act manslaughter. It provides examples of cases and asks questions to test the reader's understanding of distinguishing between constructive acts, gross negligence, duties of care, breaches that cause death, and what constitutes grossly negligent actions. It aims to consolidate knowledge of this area of criminal law.
Management homework help.docx
Donald, a pizza delivery driver for University Heights Pizza, routinely speeds while making deliveries. One night while delivering a pizza, Donald decides to visit his girlfriend instead of making the delivery. On the way to his girlfriend's house, Donald runs a red light at high speeds and seriously injures Alice, who had the right of way. Alice sues both Donald and University Heights Pizza. The document discusses potential arguments from both University Heights and Alice regarding liability, and recommends actions University Heights should take to prevent similar risks in the future.
Invol mtr 2013 142
This document discusses involuntary manslaughter under English criminal law. It begins by outlining the key elements students should understand regarding gross negligence manslaughter and constructive manslaughter. It then analyzes several cases involving gross negligence manslaughter and discusses the mental element required. The document concludes by considering proposals to reform the law on involuntary manslaughter offenses in England.
Torts in law at help withassignment.com
This document defines and explains various aspects of tort law. It begins by defining a tort as a civil wrong involving a breach of duty to someone else, unlike crimes which involve duties to society. It then discusses who commits torts (tortfeasors), what constitutes a legal injury, and the prominent tort of negligence. The document categorizes torts into negligence torts, intentional torts, and statutory torts. It provides examples of each and discusses the circumstances of tort cases, including the plaintiff's burden of proof, duty of care, breach, damages, and defenses. Specific torts like nuisance and defamation are also explained.
Crime and criminal law
Criminal law prohibits harmful acts through statutes and common law. It aims to protect the public from harm by punishing crimes that have occurred and preventing future harms. For an act to be considered a crime, it must violate a criminal law, be intentional, and have a prescribed punishment. Crimes vary in severity from mala in se offenses that are inherently wrong to mala prohibita offenses that are crimes due to restrictions placed on them. Criminal law is subject to constitutional limitations and requirements of due process and prohibitions on things like ex post facto laws and cruel and unusual punishment.
Chapter 4
This document discusses various torts and their application to cyber law. It defines a tort as a civil wrong that results in injury. There are three main categories of torts: intentional torts, negligence, and strict liability. Negligence requires four elements - duty, breach, injury, and causation. Strict liability does not require fault. The document explores how various intentional torts like defamation, fraud, and interference apply in cyberspace. It also discusses if internet service providers can be liable for subscribers' actions in tort cases involving spam or viruses.
Business Torts and crimes
This document provides information about tort law, criminal law, and some famous business crimes. It defines tort as a civil wrong committed against another individual. The three main types of torts are intentional torts, negligence torts, and strict liability torts. Criminal law requires an act and intent, with crimes classified as mala in se or mala prohibita. White collar crimes and crimes against business like embezzlement, fraud, and forgery are discussed. Defenses to crimes include mistake of fact, duress, and entrapment. Famous business crimes summarized include the Enron and WorldCom scandals.
The Criminal Code of Canada (2)
The document discusses various criminal offences in Canada, including violent crimes, offences against the person, and motor vehicle offences. It explains the classification of offences as summary, indictable or hybrid and the different levels of offences like assault. Specific offences covered include homicide (with definitions of murder and manslaughter), sexual assault, dangerous operation of a motor vehicle, hit and run accidents, and impaired driving. Maximum penalties for each offence are provided.
Torts in law at help withassignment
Torts involve civil wrongs that breach a duty owed to someone else, unlike criminal acts which breach duties to society. The injured party can sue the tortfeasor for damages. Legal injuries include physical, emotional, economic, and reputational harm. Torts are categorized as negligence, intentional, or statutory. Negligence torts involve failing to use reasonable care. Intentional torts arise from land use or include false imprisonment and defamation. Statutory torts are enacted by legislatures regarding areas like consumer protection or workplace safety. To prove liability, the plaintiff must show the defendant breached a duty of care owed and caused damages.
Tort Law-2.pdf
This document provides an overview of tort law and flood insurance. It discusses key concepts in tort law including the different types of torts (negligence, intentional torts, strict liability), parties, burdens of proof, damages, and defenses. It then summarizes the National Flood Insurance Program which makes flood insurance more affordable through private insurers but limits their liability. Specifically, private insurers administering government flood policies cannot be sued for bad faith, punitive damages, or attorney fees as they could under most state insurance laws. The government also has broad immunity from flooding liability under the Flood Control Act.
LAWS1100 Nickolas James Business law 4_e_----_(chapter_5_deliberately_causing...
The document discusses the legal consequences of deliberately or negligently causing harm to others. It addresses four types of legal liability that can arise: criminal, tortious, contractual, and statutory. Criminal liability may result in prosecution and punishment, while tortious, contractual, and statutory liability relate to civil wrongs and provide remedies for victims. The document also discusses when a person can be held vicariously liable for the harmful actions of others, such as an employer for an employee. It examines these concepts in the context of a scenario where an assistant restaurant manager punches a customer, creating potential legal issues for the restaurant owner.
· Define terms relatA significant amount of the criminal code is d.docx
· Define terms relatA significant amount of the criminal code is devoted to protecting persons from personal harm. Criminal statutes define a variety of crimes against persons, including assault, battery, rape, and kidnapping. Each of these offenses results in a degree of injury to the victim, and the type of specific offense charged is based on the elements of the act.ed to types of personal crime
·
· A significant amount of the criminal code is devoted to protecting persons from personal harm. Criminal statutes define a variety of crimes against persons, including assault, battery, rape, and kidnapping. Each of these offenses results in a degree of injury to the victim, and the type of specific offense charged is based on the elements of the act.
· TOPICS
·
· OBJECTIVES
·
·
· Topic 01: Assault
· Mayhem is a form of aggravated battery where the injuries to the victim are severe and permanent.
·
·
· Topic 02: Battery
· Menacing, also known as brandishing, is the act of wielding a weapon with the intent of threatening another person with bodily harm.
·
·
· Topic 03: Sex Offenses
· Rape shield laws are intended to prevent information regarding a rape victim’s sexual history from being raised at trial.
·
·
· Topic 04: Manslaughter
· Once kidnappers cross state lines, the crime becomes a federal offense under the Federal Kidnapping Act.
·
·
· Topic 05: False Imprisonment
· Under shopkeeper’s privilege, a storeowner may be permitted to detain a shoplifter on store property for a reasonable
·
Introduction
The terms assault and battery are frequently used concurrently when describing personal injury crimes, but these crime actually consist of different elements. To increase your understanding of the difference between assault and battery, it is important to analyze the elements of these offenses and the definitions of aggravated assault and conditional assault.
OBJECTIVES
· Define terms related to types of personal crime
· Discuss different types of assault
· Differentiate between assault, battery, and aggravated battery
· Identify laws designed to protect individuals from personal crimes
SEQUENCE
Elements of Assault
Many people contend that the modern differentiation between assault and attempted battery is simply semantics. The crime of battery is the unlawful infliction of harm on another. The crime of assault is the threat or attempt to harm another person.
The elements for the crime of assault are:
Mens Rea: An unlawful attempt or threat
Actus Reus: With the present ability to injure another person
The crime of mayhem is listed in many statutes as a higher degree of battery. Here the injuries suffered by the victim are severe.First-degree assault and batteAssault Versus Battery
The crime of mayhem is listed in many statutes as a higher degree of battery. Here the injuries suffered by the victim are severe.
First-degree assault and battery generally requires that the victim has suffered severe bodily injuries or that t.
Business Torts and Ethics PaperDue May 02, 1159 PMNot Submitt.docx
Business Torts and Ethics Paper
Due
May 02, 11:59 PM
Not Submitted
POINTS
10
Paper
no new messages
Objectives:
Instructions
Assignment Files
Grading
You own University Heights Pizza, a pizza company that provides mostly home delivery. One of your drivers, Donald, routinely drives in excess of speed limits when delivering Pizza, and you are aware of these problems. One night while delivering pizzas, Donald decides to visit a girlfriend. You are aware that he sometimes does this, and you have not objected as long as the Pizza gets delivered on time. On the way to his girlfriend's house, but on the way to deliver a customer's pizza, Donald runs a red light at high speeds and seriously injures Alice, a driver in another car who had the right of way. Alice sues University Heights Pizza and Donald. You assert that University Heights is not liable for Donald's fast driving.
Write
a paper of 750- to 1,050-words answering the following questions posed by this scenario:
What is University Height's best argument that it is not liable to Alice? Would you agree with this argument? Explain.
What is Alice's best argument that Donald is liable to Alice? Explain.
What should University Heights do to prevent risks like Donald?
Cite
to at least three scholarly references.
Format
your paper consistent with APA guidelines.
Click
the Assignment Files tab to submit your assignment
Here is the reading information :
Learning Objectives
In this chapter you will learn:
10-1. To compare how tort law is related to property.
10-2. To differentiate the three divisions of torts and to generate a theory
of why torts are so divided.
10-3. To explain the elements of negligence and to relate these elements
to the development of negligence law.
10-4. To analyze why tort litigation is so controversial in society today.
Torts Affecting
Business 10
289
Just as contract law is the way owners
exchange what they own in a propertybased
legal system, so also tort law is an
important part of the same system. The property
fence protects our use of things. It is part of
what we own. But our protected use is not infinite.
It may be absolute but because we live with
other people and what is proper to them, we
may not use things just anyway we please. We
do not have a protected use of a thing if our use
harms what others own, including their persons.
Tort law helps define where the property fence is
when it comes to our use of things. It makes our
use legally wrongful and helps anyone injured
by our wrongful use to get compensation, called
“damages.”
T he word tort means “wrong.” Legally, a tort
is a civil wrong other than a breach of contract.
Tort law sets limits on how people can act and
use their resources so they do not violate the right
290 PART 3 Legal Foundations for Business
others have to their resources. If you think of property as a type of legal fence
surrounding resources, then tort law defines when someone has crossed that
fence wrongfully so that.
Similar to Law-Exchange.co.uk Shared Resource (20)
IPC BBALLB 5th Sem IPC BBALLB 5th Sem IPC BBALLB 5th Sem
IPC BBALLB 5th Sem IPC BBALLB 5th Sem IPC BBALLB 5th Sem
LAWS1100 Nickolas James Business law 4_e_----_(chapter_5_deliberately_causing...
LAWS1100 Nickolas James Business law 4_e_----_(chapter_5_deliberately_causing...
· Define terms relatA significant amount of the criminal code is d.docx
· Define terms relatA significant amount of the criminal code is d.docx
Business Torts and Ethics PaperDue May 02, 1159 PMNot Submitt.docx
Business Torts and Ethics PaperDue May 02, 1159 PMNot Submitt.docx
More from lawexchange.co.uk
Law-Exchange.co.uk Shared Resource
This document provides the marking scheme for the January 2011 GCE LAW examination in England and Wales. It includes marking criteria and guidelines for 6 different law options that were assessed. For each question, it identifies the assessment objectives being tested, such as knowledge of the law (AO1) and skills in legal argument and reasoning (AO2). Sample answers are also provided to illustrate how different levels of response would be marked. The marking scheme aims to ensure examiners apply criteria consistently across all student scripts.
Law-Exchange.co.uk Shared Resource
The document discusses the law around involuntary manslaughter in England and assesses if the law is muddled and unjust. It outlines the different types of involuntary manslaughter including gross negligence, unlawful act manslaughter, and subjective reckless manslaughter. It analyzes cases that illustrate inconsistencies and unjust outcomes. While the law commission proposed reforms, the conclusion is that the current law is adequate and changing it further may only add more confusion.
Law-Exchange.co.uk Shared Resource
The document discusses the aims of sentencing in the UK criminal justice system. When judges pass sentences, they must decide on the appropriate sentence and what they hope to achieve with it. The main aims of sentencing are punishment, deterrence, rehabilitation, protection of the public, reparation, and denunciation. The document provides examples of cases involving a teenager stealing during riots, iPhone robbers convicted of murder, and a rugby star sentenced for grievous bodily harm to illustrate how judges determine sentences based on the aims.
Law-Exchange.co.uk Shared Resource
This document outlines the qualifications and training required to become a solicitor or barrister in the UK legal system. It discusses the academic and vocational stages of training, including obtaining a law degree, completing the Legal Practice Course for solicitors or Bar Professional Training Course for barristers, and undertaking a training contract or pupillage. The duties of solicitors, who work in private practice, and barristers, who work as advocates in courts, are also summarized. Finally, the document questions whether the legal profession achieves equality, as women and ethnic minorities remain underrepresented.
Law-Exchange.co.uk Shared Resource
The document discusses various influences on law reform in the UK, including the Law Commission, Royal Commissions, public inquiries, the media, pressure groups, manifesto promises, and European Union law. It provides details on the role and purpose of the Law Commission and Royal Commissions in examining existing laws and advocating for legal changes. Examples are given of public inquiries that led to reforms, such as the Taylor Report after Hillsborough and the Cullen Report after Dunblane.
Law-Exchange.co.uk Shared Resource
This document provides instructions for a "Legal Aid Bingo" game where players choose 9 of 15 legal terms to write in a bingo card. The game leader will then randomly select definitions for those terms, with the goal of players getting a full bingo line or full house by matching definitions to their chosen terms. Some of the legal terms listed include things like income based job seekers allowance, legal services commission, access to justice act 1999, and courts and legal services act 1990.
Law-Exchange.co.uk Shared Resource
This document defines and explains the legal definitions of assault and battery in UK law. Assault is defined as intentionally or recklessly causing another to apprehend immediate unlawful violence. Battery is defined as the unlawful application of force to another. Both assault and battery require intent or recklessness, and do not require hostile conduct as long as the force or threat of force was unlawful.
Law-Exchange.co.uk Shared Resource
This document discusses the exceptions to the general principle in criminal law that an omission (failure to act) does not constitute an actus reus. It outlines six exceptions where an omission can be considered a criminal offense: 1) statutory duty, 2) contractual duty, 3) voluntary assumption of responsibility, 4) avert a danger of your own making, 5) public duty, and 6) special relationship. It provides examples of cases that fall under each exception and discusses potential confusions between some of the exceptions, such as contractual versus public duty, and voluntary assumption versus special relationship. It also addresses issues that can arise in medical cases regarding omissions.
Law-Exchange.co.uk Shared Resource
The document discusses the small claims procedure in the UK legal system. It was introduced in 1973 to provide a quick, simple and cheap way to make a claim in court for amounts under £5000. Key aspects of the small claims procedure include individuals bringing their own cases to reduce costs, the use of lay representatives or district judges who are trained to handle such cases, and the lack of awarding legal costs to the winner which discourages lawyers. The document outlines advantages like low costs and speed, as well as disadvantages such as potential unfairness if one party has a lawyer and difficulties collecting awarded money.
Law-Exchange.co.uk Shared Resource
The county courts are located in major towns across England and Wales, with around 230 total. They have jurisdiction over a variety of civil cases involving contracts, torts, recovery of land, partnerships, trusts, inheritance, divorce, bankruptcy, and discrimination. Around 2 million new cases are filed in county courts each year, though most are settled out of court without going to trial. Cases are heard by circuit judges or district judges, and in some limited cases may involve a jury.
Law-Exchange.co.uk Shared Resource
This document discusses several rules of language that can help judges interpret the intentions of Parliament when analyzing statutory language, including:
- The ejusdem generis rule, which states that if a list is followed by a general term, the general term refers to items of the same type as in the list.
- The expressio rule, which provides that if a list is "closed" with no general term, the statute only applies to the items in the list.
- The noscitur a sociis rule, which means a word is known by the company it keeps, and so surrounding words can provide context to the meaning of a term.
Law-Exchange.co.uk Shared Resource
The document outlines the different qualifications, training, and roles of solicitors and barristers in the UK legal system. Solicitors usually deal directly with clients, while barristers specialize in advocacy work and represent clients in court. The training process for both careers involves obtaining a law degree or other qualifications, completing vocational courses, and undertaking practical training periods like the training contract or pupillage.
Law-Exchange.co.uk Shared Resource
This document contains 12 multiple choice questions about legal cases related to criminal defenses. Each question includes the answer and a citation to a legal authority or case that provides context and justification for the answer. The cases cover topics like intoxication as a defense, involuntary intoxication, automatism, insanity, self defense, and epilepsy as a defense.
Law-Exchange.co.uk Shared Resource
The document provides an overview of the legislative process in the UK Parliament. It explains that a bill first begins as an idea in a green paper before being drafted and introduced in Parliament. It then goes through several stages of debate and amendment in both the House of Commons and House of Lords before receiving royal assent to become law. The advantages of the system include allowing mistakes to be identified and addressed through multiple reviews and edits. However, the process can also become confusing due complex amendments and potential for bias in specialized committees.
Law-Exchange.co.uk Shared Resource
This document summarizes the key elements of the offence of criminal damage under the Criminal Damage Act 1971. It discusses:
1) The three main types of criminal damage offenses - section 1(1) criminal damage, section 1(2) criminal damage with intent to endanger life, and section 1(3) arson.
2) The actus reus and mens rea requirements for a section 1(1) criminal damage offense. It also discusses what constitutes damage and property belonging to another.
3) Available defenses to criminal damage including lawful excuse and the defendant's honest belief. It provides case examples analyzing the defenses.
Law-Exchange.co.uk Shared Resource
Jack takes his bike to a garage for repairs and is told to return the next day to collect it. However, Jack returns that night and takes his bike, which would be considered theft as the garage had possession and control of the bike.
The mechanic repairs Jack's bike but cannot understand Jack when he returns to pay due to a language barrier. Jack opens his wallet and the mechanic takes too much money. While the mechanic had a right to be paid for the repairs, taking more money than owed without Jack's consent would constitute appropriation, similar to the Lawrence case.
Law-Exchange.co.uk Shared Resource
Magistrates courts handle less serious criminal cases in England and Wales. Magistrates, who can be qualified lawyers or laypeople, oversee summary cases and some either-way offenses. They deal with bail applications, youth cases, and issues related to council tax, protection orders, and child welfare. Magistrates also determine if a case should be sent to the Crown Court for more serious offenses. Their trials involve presenting evidence, witness testimony, and determining guilt or innocence based on the burden of proof.
Law-Exchange.co.uk Shared Resource
There are around 90 court centers throughout England and Wales organized into three tiers. The first tier incorporates the High Court and Crown Court and can try all indictment cases. The second tier is Crown Court only and can also try all indictment cases. The third tier only has Circuit Judges and Recorders, so it cannot deal with the most serious cases due to the lack of a High Court judge.
Law-Exchange.co.uk Shared Resource
Young offenders between the ages of 10-17 are dealt with in youth court, a branch of Magistrates' court, unless their crime is exceptionally serious like rape, murder or manslaughter, in which case they can be tried in Crown Court. Youth court proceedings are private, involve specially trained magistrates under age 65, and require one male and one female magistrate, with parents present for under 16s. The process is generally less formal than adult criminal court.
More from lawexchange.co.uk (20)
Law-Exchange.co.uk Shared Resource
- 1. Introduction to A-Level A2 LAW
- 2. Section A Criminal Law (Fatal and non-fatal offences against the person)
- 3. Murder Actusreus(including causation), The actusreus is the unlawful killing of a person. mensrea(malice aforethought). that murder is a specific intent crime. I.e, the D. Intended to commit that crime in question.
- 4. Voluntary manslaughter. There are 2 special defences to Murder:- Diminished Responsibility and Provocation If the D. Can prove one of the above defences than, a charge of murder will become a charge of voluntary manslaughter.
- 5. Involuntary Manslaughter Involuntary manslaughter is an unlawful killing where the accused did not have the specific intention for murder. This includes; 1. Unlawful act manslaughter 2. Gross negligence manslaughter 3.Subjective recklessness manslaughter
- 8. Wounding and
- 11. Insanity What do you think this defence involves? What might the judge order if the D. Successfully pleads a defence of insanity?
- 12. Automatism This defence means that the D. Is not guilty of any crime since he acted like a robot because of some external cause. He was incapable of having the intention to commit any crime as he did not know what his body was doing. EG semi-conscious.
- 13. Consent, What do you think this defence involves?
- 14. Self-defence/prevention of crime D. Can be relieved of liability if they can show the crime was committed in order to defend him/herself. Or was done in order to prevent a bigger crime.
- 15. Intoxication What do you think this defence involves? Intoxication is available as a defence where, as a result of alcohol or drugs, The defendant is incapable of forming the mensreafor the offence. In Kingston, where a drugged man indecently assaulted a boy, the House of Lords declared that drunken intent was still intent.
- 16. Section; B LAW OF TORT
- 17. Negligence What do you need to prove negligence? Duty owed; there must be a duty of care owed to the C. Breach of duty; there was a breach of that duty. Damage: as a result of that breach you have suffered damage.
- 18. Occupiers liability There are two types of Occupiers liability; 1. Visitors 2.Tresspassers.
- 19. Nuisance There are three types of nuisance: Statutory nuisance Public nuisance Private nuisance
- 20. Vicarious liability; Vicarious liability means liability for someone else. It applies to all torts especially employment situations, (where an employer is liable for the torts of an employee.
- 21. Defences; Contributory negligence, Consent. Specific defences to nuisance and Rylands v Fletcher.
- 22. Remedies for tortious acts; Damages Injunctions.
- 23. Section C Concepts of Law: Look at the difference between; Law and Morals Law and Justice Judicial creativity. This is the synoptic element to the course and you will draw on the topics studied over the 2 years to help answer the questions.