Pob stage 2 seminar 16 slides the english legal system post ole
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This document summarizes a seminar on the English legal system. It outlines the key topics of the seminar which are the structure of English legal institutions, the roles of legal professionals, sources of English law, and key legal terms. It then describes activities in the seminar including an introduction, quiz, scenarios examining which courts would hear different cases, and an exercise analyzing a case law precedent. The scenarios and case examine issues like employment law, patents, and construction disputes.
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Explain what is meant by the Incorporation l)octrine and how it was used to expand the
impact of the due process clause.
hO. Fcjiial Protection
1 here are three levels of judicial scrutiny under this clause. Describe what these levels are and
when they are applicable.
hess discussions
• Oier retail businesses in the mat n whG[i your Spurts situes Shot) 5 iuciiIit hiwe
jecceci o open on Sundays from 12 noon to 6 P M. You decide Eu foHiiw suit, hut two
j your nmnioyees refuse to go along, saying it is against their reHgiuus beliefs to
wo on the Sahbatn, You terminate their ei’pioymeilt They appty for etru!uynent
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h:emfl aenefits, you wil be penalized since your uneteptoyment nompensaton taxes 11:11
hCJcd you contest their clait i?
W’at would be the result it the empit yees efuse to work on Sunday because of
‘eir desire to pay golf on that day?
. te Mayor of the dy of New York toak issue with a number of works i a d’-nulyr
m :emporay eXht)t titled ‘‘Se3nsrltion, YOLu iq British A tsts from the Saatnht
rc:on” Especa ty tmoub’ig to hun was a painting by Nigeria na rtist Cins Gnu.
ad “The Holy Vrgin Mary” In thut wot k, Ofuli depi ‘is I Mary with African mu en
ac9ecl a oGrup of ciephant dung as well as pr’otcç1 ophs of torne genitalia to his
vuOc, ‘9C Mayot ernied 01’lus painHg ‘‘Sir OiI “lSgusiq’’ He nsitflh riot a City—
;,u’ :i’eu Yi,seun nad rio nignt tu hnpioy hi exhrt
Could the n ayo prut’ii)li 00 iS)rk frorri PPOiiTJ in lie sOuw?
ny or’s ‘/ nOt? bxot on /i JrisLjT 151 (J lTi) 1) )i gil o rt
181
12. Burden of Proof
There are three distinct levels of proof required by law depending upon the kind of case
involved. Describe them and when they are used.
13. Deciding the Case
Under what circumstances should a judge enter a judgment notwithstanding the verdict?
Posttrial Issues
14. Appeals
What normally is contained in an appellate brief? An oral argument?
15. Enforcement ofJudgments and Decrees
How does the court enforce judgments?
16. ResJudicata
Why is the notion of res judicata critical in civil litigation?
iness discussions
V0 are the manager of a u.
Lecture 5 the civil courts
The document provides information about upcoming classes, assessments, and recommended reading materials. It also outlines topics related to the criminal courts, including the differences between the Magistrates' Court and Crown Court. Finally, it lists learning objectives related to the English court system, civil courts, and alternative dispute resolution.
Writing Assignment #2 Supreme Court DecisionIn this assignment,.docx
Writing Assignment #2: Supreme Court Decision
In this assignment, you will be a Supreme Court Justice deciding on a Fourth Amendment case. Carefully read about the case in question, the summaries of related Supreme Court decisions, and directions for the assignment.
The Case “Doe v. City of Intrusia”:
Trouble was brewing in the small, quiet city of Intrusia. Someone was selling methamphetamine to the local teenagers and a popular football player died after an overdose. The community was panicked and demanded that the police find the source of the meth and shut it down immediately. The police suspected that 20 year old Joe Doe was selling the meth but they didn’t have much evidence.
The state prosecutor advised the police department to talk with the local cell phone carrier about “cloning” Mr. Doe’s phone. The cell phone carrier created a “clone” phone which allowed the police to read text messages sent and received by Mr. Doe. In no time the police had evidence implicating Mr. Doe as a dealer and the location of the meth lab. Mr. Doe was convicted and the meth lab was closed.
Mr. Doe is appealing his conviction, claiming that the interception of text messages violated the unreasonable search and seizure protections of the Fourth Amendment. Furthermore, all evidence from the text messages should have been excluded from his trial.
The City of Intrusia argues that there was no physical intrusion into Mr. Doe’s space and that police were acting quickly in order to uphold their duty to protect the community’s safety.
Background:
In Silverman v. United States the Supreme Court held that that the Fourth Amendment does not protect conversations, therefore wiretapping does not constitute a search and seizure. The case was reversed in Katz v. United States, when Justice Harlan proposed a two pronged test of whether public actions should be considered private and therefore protected. 1) Has the person exhibited an expectation of privacy? and 2) is the expectation of privacy one that society is prepared to recognize as 'reasonable.'?
In more recent decisions, the Supreme Court has found that society is not prepared to extend privacy rights to bank customers regarding their bank statements and that society was not prepared to recognize a privacy right-to grow a backyard crop of marijuana.
The Questions:
· Does the Fourth Amendment protect text messages sent over a cell phone?
· Is there a “reasonable expectation of privacy” when texts are sent?
· Did Mr. Doe exhibit an expectation of privacy when he sent the texts?
· Is there a societal expectation of privacy in the process of text messaging?
Related Supreme Court Decisions (each case is linked to a short description on Oyez.com):
Court Case
Question
Olmstead v. United States (1928)
Did the use of evidence disclosed in wiretapped private telephone conversations; violate the recorded party’s Fourth and Fifth Amendments?
Katz v. United States (1967)
Does the Fourth Amendmen.
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1. Create an account by providing a password and valid email address.
2. Complete a 10-minute order form providing instructions, sources, deadline, and attaching a sample work if wanting the writer to imitate writing style.
3. Review bids from writers for the request, choose one based on qualifications, order history, and feedback, then pay a deposit to start the assignment.
4. Review the completed paper and authorize final payment if pleased, or request free revisions until satisfied. Multiple revisions can be requested to ensure needs are fully met.
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The legal system in England and Wales is based on common law and statute law rather than a criminal or civil code. Common law has developed over 1000 years while Acts of Parliament have been enacted since the 13th century. Criminal law is set out entirely in Acts of Parliament while civil law depends more on common law. Scotland's legal system is similar but more influenced by Roman law. Courts include magistrates courts, Crown Courts, the Court of Appeal and the Supreme Court. The police investigate crimes initially and decide whether to charge suspects, with prosecution handled by the Crown Prosecution Service. The legal profession is divided between solicitors and barristers, each with their own regulatory bodies.
1 UNIVERSITY OF PORTSMOUTH BUSINESS SCHOOL BUS.docx
1
UNIVERSITY OF PORTSMOUTH BUSINESS SCHOOL
BUSINESS & EMPLOYMENT LAW
(U21764 & U24401)
Unit co-ordinator - HELEN BURTON
[email protected]
Anglesea 1.60
Lecture Notes
2017
2
3
Week Week
beginning
Lecture Seminar
1 25
September
Introduction to the unit
Classification & sources of law
What is law?
2 2 October Domestic legislation and
European law
Classification and sources of law
3 9 October Case law and judicial
precedent
How to read and understand
cases
Legislation and statutory
interpretation
4 16 October Introduction to contract law
Contract formation
Case law and judicial precedent
How to read and understand
cases
5 23 October Contractual terms Contract formation
6 30 October Controls on exemption
clauses and unfair terms
Contractual terms
7 6 November Misrepresentation Controls on exemption clauses
and unfair terms
8 13 November Discharging a contract
Remedies for breach of
contract
Misrepresentation
9 20 November Introduction to the law of tort Discharging a contract
Remedies for breach of contract
10 27 November Negligence Introduction to the law of tort
11 4 December Vicarious liability, defences
and remedies in tort
Negligence
12 11 December No lecture Work on Moodle to help with
coursework due 12th January
Business Law
Autumn Teaching Block 2017
4
5
CONTENT OF THIS LECTURE
· Introduction to the unit
· What is law?
· Classification of law
· Sources of law
· Overview of the Courts System
Introduction to this unit
To help you throughout the year don’t forget these resources:
1 Two printed handouts:-
i. Lecture notes (you need to supplement these with your own notes, spaces have been
left for you to do so).
ii. Seminar questions.
2 University Library
3 Moodle
4 Lecturer and seminar tutors
5 Core text
6 Unit handbook, this is on Moodle and has lots of useful info about the unit, you will need to
refer to it throughout the year
Lectures only give an overview of a topic.
You need to read beyond your lecture notes!
LECTURE ONE
Introduction to the Unit
Classification and Sources of Law
6
Preparation for seminars
Seminars are most important and you should prepare for them properly and attend each week.
Evidence shows a clear link between those students who do not attend seminars and those who do
badly and fail coursework and exams
To ensure this does not happen to you make sure you:
Read the pages of the core text indicated on the seminar sheet before the seminar.
· Identify what words you will need to understand in order to answer the questions on the seminar
sheet.
· Prepare answers to the questions on the seminar sheets.
· After the class, engage in some further reading as listed on your seminar sheets.
· Ask your seminar tutor to go over any points you are not certain about, they
are ...
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1 check your_english_vocabulary_for_law
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1. When pieces of broken glass were found in some of its food products, the company was held responsible.
2. When he was asked to explain his actions, he had no valid explanations.
3. The sacked workers claimed unfair dismissal, and demanded a fair and impartial hearing.
4. Goodwill is one of a company's intangible assets, and as such it cannot be declared as part of the company's capital.
5. He was accused of trying to obtain a fiduciary advantage by getting involved in insider dealing.
6. At the trial, the judge took the unprecedented step of asking the claimant to remove his shirt.
7. The
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South African Journal of Science: Writing with integrity workshop (2024)
South African Journal of Science: Writing with integrity workshop (2024)
Pob stage 2 seminar 16 slides the english legal system post ole
- 1. Principles of Business Stage 2 Seminar 16: The English Legal System
- 2. Key topics / learning outcomes of this Seminar • Explain the structure of the main institutions of the English 2 Legal System • Demonstrate understanding of the role of the personnel of the legal profession and associated professions. • Explain the sources of English Law • Define key legal terms
- 3. 3 Activities • Introduction • Quiz • Court System Scenarios • Case Law Exercise – Prest v Petrodel • Summary and conclusion
- 4. 4 Quiz 1. What is a person who brings a claim in the County Court called? A: Claimant 2. What is an organisation who is sued in the High Court called? A: Defendant 3. What is the standard of proof in the civil courts? A: balance of probabilities
- 5. 5 Quiz 4. What is the standard of proof in the criminal courts? A: beyond reasonable doubt 5. Charlie is being prosecuted for driving with excess alcohol. In which court will his case be heard? A: Magistrates’ Court. 6. What is the technical legal term for the reason for deciding a case? A: Ratio decidendi
- 6. 6 Quiz 7. While it is going through Parliament, what is a proposed new statute called? A: a Bill 8. What is it called once it has been passed by Parliament? A: an Act. 9. Most criminal cases are brought to court by which organisation? A: Crown Prosecution Service
- 7. 7 Quiz 10. Charlie fails to stop at a pedestrian crossing and hits Florence with his motor car, breaking her leg. Florence ____ him in the __________Court. A: ...sues......County. 11. A judge in the High Court has to follow the precedents of which courts? A: Court of Appeal and Supreme Court. 12. Does the Supreme Court have to follow its own precedents (or those of the HL)? A: No
- 8. Court System Scenarios Where will these claims be brought? Which types of legal professional will be involved? Where will any appeal be brought?
- 9. 9 Scenario 1 Sally is a 56 year old business development manager at SellFast Plc. In October 2014 she becomes ill and is diagnosed with a depressive illness. She returns to work after about a month of sick leave, but shortly afterwards there are some job cuts and she is selected for redundancy, together with two other executives, both of whom are over 50. She believes that she has been unfairly selected owing to her age and her illness.
- 10. 10 Scenario 2 Mahmood is an entrepreneur and inventor, who owns a company called BrightSpark Ltd. He has recently obtained a patent for a new type of environmentally friendly light bulb. Phoebe used to work for BrightSpark as a technician, but has left and is now worked for a competitor, InnoForum Ltd. Mahmood discovers that InnoForum are marketing light bulbs which he believes infringe his patent.
- 11. 11 Scenario 3 The “Spin-drier” is the nickname given to a new skyscraper which is in the process of construction in the City of London. It will be the tallest building in Europe when it is finished and the total cost is estimated at around £300million. The building is half-finished, when some serious defects are discovered which threaten the viability of the building. The architects are blaming the main contractor for not following the plans properly, while the main contractor says the design plans were incorrect. Other sub-contractors are also being blamed. It looks like there will be a huge dispute involving the architects, main contractor and several sub-contractors (engineers, plumbers, electricians etc.).
- 12. Prest v Petrodel What is the story behind the case – the facts. Who brought the case and why? http://www.bailii.org/ew/cases/EWCA/C iv/2012/1395.html http://www.bailii.org/uk/cases/UKSC/20 13/34.html
- 13. Questions 1.Which court did the case start in? 2.Who are the Defendants? (don’t need a list of all of them – just a description) 3.What is the neutral citation number? 4.What is the neutral citation number used for? 5.What are the names of the judges in the CA or SC? 6.What is the name of the judge who made the decision which was subsequently appealed?
- 14. Questions 7. What are the names of the barristers and solicitors’ firms acting for the parties? 8.What do the judges think of Mr Prest? 9.What is the key issue which the judge had to decide? 10.What was the decision under appeal? 11.Who brought the appeal? 12.What did the CA decide? What did the SC decide? 13.What do you think is the ratio decidendi of the CA/SC decision?
- 15. Summary • The Court System – Hierarchy • Tribunals – specific jurisdiction, intended to be less formal • Doctrine of Precedent • Law is applied to facts • Ratio decidendi – the legal principle in a case
- 16. Next session
- 17. End of Seminar Note: This recording is for your personal use only and not for further distribution or wider review. © Pearson College 2013