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Examine the process by which the concepts of Femininity, Female Sexuality, Female Criminality and Female Victimology, influenc
... male and female genders there are both biological differences and socially acquired differences. The idea of femininity influencing the judicial system as in the view of such as system, which is male dominated, women are seen as gentle, soft and ...
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Examine the resistance posed by countries such as the U.S., within the framework of the nature and effectiveness of international law.
... Establishment of an International Court however, that such an institution in the form of the International Criminal Court actually became a reality3.
The ICC is an independent international court with its own legal capacity, created and governed by its own treaty4. ...
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Examining and analysing the major changes to the institutions of the European Union brought about by the Treaty of Nice.
... all the peoples of the EU should be given an 'equal right' through their nation's membership.
One major problem facing the EU was the spectre of paralysis upon enlargement. The larger Member States were outvoted in their initial attempts for a ...
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Examining law court operation in relation to different types of law
... took Princess Anna to court she had to pay a number of consequences. Princess Anna has been fined £500 compensation that will be split between the two boys involved. Organise training for the animal and pay £148 court costs, furthermore ...
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Exercise on Judicial Precedent.
... so." Source A
Since the issue of this statement The House of Lords has been allowed to change the law if they believe that the decision made in the earlier case was wrong. This right has been exercised on many occasions ...
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Explain and comment on the importance of judicial independence.
... witnessed in the following, tenure of office, judicial immunity from suit, immunity from parliamentary criticism and judicial review.
In Tenure of office all judges in the Supreme Court with the exception of the Lord Chancellor hold office during good behaviour, and ...
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Explain and comment upon the rules that the courts may use in order to interpret a statute.
... of Fisher v Bell (1960). A shopkeeper had on display in his shop window a set of pocket knives. This was, on the face of it contrary to the Restriction of Offensive Weapons Act (1959), which proscribed the sale of ...
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Explain and illustrate the operation of the doctrine of judicial precedent
... appears right not to in a particular case, few cases use the practice statement, as there is a need for certainty. An example of this is the cases of British Railways Board v Herrington (1972), followed by R v R ...
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Explain and illustrate the operation of the doctrine of judicial precedent.
... the part of the speech which creates the precedent. The other part of the judgement is called the "obiter dicta". This is where the judge may speculate on how his decision may have changed had the facts been slightly different. ...
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Explain and Illustrate the Operation of the Doctrine of Judicial Precedent.
... element in the statement is the reason for the decision. This is called the ratio decidendi, which is a statement of law. A decision may contain other statements of law, which are made in passing. These are obiter dicta, a ...
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Explain and illustrate what is meant by intrinsic and extrinsic aids to the interpretation of statutes.
... There is also a 'Purpose' Statement as well as the use of Punctuation and Headings to be aids to the interpretation of the statutes. The final two intrinsic aids are Schedules and Marginal Notes and they are very similar. Schedules ...
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Explain and Illustrate, the Operation of the Doctrine of Judicial Precedent and Discuss how far Judges are Bound by Decisions in Previous Cases.
... remnants of a decomposed snail in her ginger beer. She sued the manufacturer. It was held that he owed his consumers a duty to take care. The claimant won on this point of law.
The basics of Judicial Precedent are ...
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Explain both why the English courts have adopted the purposive approach to statutory interpretation, and illustrate (using decided cases to support your discussion) how this approach may produce results far removed from those which the so-called literal a
... Thirdly I will review the law regarding statutory interpretation so I can come to a reasonable conclusion in effect to the statement above.
Statutory interpretation is the process of reading and applying statutory law.1 Even though it is parliament who makes ...
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Explain How a Scientific, a Social Constructionist and an Applied Approach Can Shed Light On Contrasting Views About Children and Criminal Responsibility In Book 1.
... responsibility, it is necessary to use the said article to explore the views each of the panel had and how they relate to the particular approaches, to reveal how each shed's light on children and criminal responsibility. Also relevant are ...
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Explain How Jurors Are Chosen For Jury Duty?
... someone cannot serve, then they can in certain circumstances be excused. Reasons for being excused include major work commitments, holiday commitments, care of a relative, exams, or various other exceptional circumstances. Some people may not be able to sit as ...
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Explain how lay magistrates and district judges are selected and appointed.
... person in the committee should be from each major political party and some members who should be politically independent. Also one third of the committee should not be Lay Magistrates meaning that they will have to have some legal qualifications. ...
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Explain how lay magistrates and juries are used in civil and criminal cases.
... a high number will involve guilty pleas, usually 60-70%, which naturally does not involve the jury. The main function of the jury is to weigh up the evidence, and decide the verdict of the case.
There may be cases where ...
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Explain how lay magistrates are chosen and the duties they undertake as magistrates
... The forth is maturity and sound temperament. This is a little more complication in the fact magistrates have to remain unaffected by cases and raise themselves above squabbles and so forth. The fifth quality is sound judgement; this is fairly ...
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Explain how the doctrine of Judicial Precedent operates. What is the importance of judges being able to use the doctrine to distinguish cases on their facts?
... an original precedent.
'There are a number of ways in which judges may avoid precedents. They could distinguish the precedent on its facts, arguing that the facts of the case under consideration are different in some way from those of ...
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Explain how the English legal system guides judges in deciding cases which come before them and what mechanisms are available for correcting disputed decisions.
... meaning of words used in a particular act. However using the general rules of interpretation, there is more variety in the way in which an act can be interpreted.
These general rules are, the literal rule, golden rule mischief rule, ...
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Explain the concept of Direct Effect!
... they are addressed. Like a Regulation but more specific to the individual state.
Recommendations and Opinions: This is legislation which is less strictly implied and are merely there to advice the courts and help them to come to their decision based ...
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Explain the constitutional significance of the independence of the judiciary. To what extent does present law and practice ensure that the judiciary are indeed independent?
... independence3, but the view taken by John Alder is one which I most agree with. He defines judicial independence as being:
...an uncertain concept. It requires judges to be protected against external pressures but does not mean that they should not ...
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Explain the development of equity. Describe and comment on the role of equity today.
... not be done then there was little chance of justice. To get around this technical difficulty, the judges did develop 'fictions' which allowed some cases to proceed. In other words they assumed certain facts for the case, even though those ...
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Explain the difference between law, morality and justice.
... acted in self defense and that it was the attacker's fault that he was injured.
Morality is another phrase, which is closely connected with law and justice. Again, the interpretation of this phrase greatly depends on the individual, as was may ...
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Explain the different appeal routes available to both defence and prosecution in the case of a charge of theft.
... sentencing powers are limited to 6 months in prison and a fine of £5,000.
The prosecution and the defence can make many different appeals. The prosecution can bring a case stated appeal, an appeal against sentence length, an appeal against ...