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Describe how the doctrine of precedent operates in English law. Illustrate your answer with cases.
... in their final judgement, they may also speculate what the outcome of the case would have been if the facts were slightly different. These comments are called obiter dicta (comments made 'by the way'). An example of this is Rondell ...
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Describe how the system of the judicial precedent operates - Discuss the advantages and disadvantages of this system.
... In the judgement, the judge will give a summary of the facts of the particular case and he would explain the principle of law he used to come to his decision. The judge may also sometimes discuss what the law ...
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Describe jury trial within the English legal system.
... between 18 and 70 (excusal as of right to those aged over 65) Criminal Justice Act 1988 s119
* Registered as a parliamentary or local government elector
* Ordinarily resident in the UK, Channel Islands or the Isle of Man for at ...
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Describe police interview techniques.
... memory problems)
Facilitators - make effective communication more likely
The interviewer communicates expectations clearly
Appealing to the interviewee's sense of altruism (unselfishness)
The interviewer offers sympathetic understanding
Catharsis - the interviewee feels relieved by talking about unpleasant experiences
Extrinsic rewards - the interviewee is offered additional ...
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Describe recent changes to the legal profession and comment on the suggestion that it is no longer necessary for their to be two distinct professions of solicitor and barrister?
... country in which there are two different professions. A comparison with a legal profession. If one is ill, one goes to see a GP. Only if the GP considers there is something seriously wrong will we be referred to a ...
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Describe the Composition and Role of the European Court of Justice and Evaluate the Importance of European Union Law for the English Legal System.
... court has a president, who is appointed from among themselves by the judges. The presidency is held for three years (art. 223). The current president is Gil Carlos Rodriguez Iglesias; he has been president since 07/10/94. Care has always been ...
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Describe the Composition and Role of the European Court of Justice and Evaluate the Importance of European Union Law for the English Legal System.
... court has a president, who is appointed from among themselves by the judges. The presidency is held for three years (art. 223). The current president is Gil Carlos Rodriguez Iglesias; he has been president since 07/10/94. Care has always been ...
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Describe the criminal and civil jurisdiction of the magistrate court.
... the offences such as murder, manslaughter or rape;
(2) offences triable only summarily by the magistrates. These offences include most minor offences and include common assault, road traffic offences and battery; and
(3) offences triable either way.
The Magistrates Court Act 1980 ...
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Describe the different ways in which unsatisfactory work and behaviour by a barrister and a solicitor can be dealt with.
... being sufficiently independent from the profession, as the powers which the bureau had were delegated to it by the Law society (the governing body for solicitors)
Complainants who are still dissatisfied after contacting the OSS can go to the Legal Services ...
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Describe the essential features of the doctine of judicial precedent.
... were recorded frequently and accurately, especially the judgements which were recorded word for word. This aloud judges to follow precedent with much greater ease.
Case reports are held in the All England Series (ALL ER) and Weekly Law Reports (WLR). LEXIS, ...
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Describe the legal and constitutional framework of Northern Ireland.
... Ireland. When Ireland was divided in 1920, separate legal systems were established for the North and the South. The North was given its own Parliament as well as its own system of courts and in the South the old law ...
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Describe the main appeal routes for defendants for the Magistrates Court and Crown Court, and Explain and comment on the role of the Criminal Cases Review Commission.
... completely re-heard by a judge who sits with two magistrates. They may arrive at the same original decision by the magistrates and confirm the conviction, or they can decide that the case is not proved and reverse the decision. It ...
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Describe the main differences between barristers and solicitors in regard to their training and work.
... I have highlighted would be the quickest and the most cost effective as to become a lawyer one must pay approx £4500- £7000 per annum for the training fees. Therefore the less time one would have to train and the ...
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Describe the main differences between solicitors and barristers with regard to their training and work.
... are negligent. When Solicitors carry out work for people they, like any other supplier of goods and services, enter into a contract with implied conditions under the Supply of Goods and Services Act 1982. This states that work carried out ...
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Describe the most important features of the doctrine of judicial precedent.
... is used appropriately.
These two principles go together to structure the doctrine of Stare Decisis. This is translated literally as, "standing by your decisions". This in effect implies that courts are bound in two manners. Firstly Higher Courts Bind lower Courts, ...
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Describe the operation of Judicial Precedent.B. Identify and explain the advantages and disadvantages of precedent as a system of law making
... over all courts in England and Wales. The next court in the hierarchy is The House of Lords which is the most senior court in England and Wales. The House of Lords is not bound by its own decisions, but ...
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Describe the operation of the system of judicial precedent and assess its present significance in the law of England.
... well:
"Our common law system consists, in the applying of new combinations of circumstances, of those rules of law which we derive from legal principles and judicial precedents...we are not at liberty to reject them, and to abandon all analogy to ...
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Describe the Role of a Modern Police Service
... changes to today's police services.
The role of the police service has changed immensely since its conception by Sir Robert Peel in 1829. The new system of police was the first of its kind within the world. It had ...
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Describe The Role Of Magistrates In Criminal Cases
... case to be heard. This is a way of judging each case individually and so cutting out unnecessary trials, so saving time and money. - Summary offence: one which can only be tried at the MagistratesÆ Court. Examples of summary ...
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Describe the role of the Crown prosecution service.
... prosecution was being produced and this needed altered,the police were 'too
close' to the crime and a more ' objective' approach would be more beneficial, also
because of too many unsuccesful cases being took much money and court time was ...
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Describe the role of the judiciary
... cases the court must make a judgment on the facts when no jury is present and it is beneficial that at this time they do not make any errors or over stretch their powers. A court decision is required in ...
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Describe the roles of the houses of commons and houses of lords and the crown in the process of statute creations in the United Kingdom.
... the right to put there bill forward to the government. Not very many private member bills become act, most tend to function as a way of drawing attention to a particular issue.
* Private Bill: these are usually made by a ...
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Describe the system of appointing and training the judiciary.
... chooses to reject the selected candidate then he must provide reasons for his decision and he is unable to select an alternative candidate.
The selection process consists of four parts, these being application, assessment, selection and recommendation to the Lord Chancellor.
1 ...
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Describe the training of Barristers and Solicitors.
... Law degree or a Common Professional Exam on to a Bar Vocational Course, which lasts 1 year at a cost of £7,500. During this the trainee practices drafting pleadings for use in court, negotiation and advocacy; much the same a ...
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Describe the various approaches (or rules) a judge may use to decide the meaning of a statute. Illustrate your answer with cases
... all the words in the list were indoor places and the defendant was not guilty ad he had been operating a betting ring outdoors.
Expressio unius est exclusion alterius rule means, the expression of one thing implies the exclusion of another. ...