...Understanding the difference between your law school experience and the California Bar Exam (CBX). A. B. The CBX is a comprehensive exam The CBX uses different testing techniques 1. Cross-over essay questions 2. Multistate Bar Exam (MBE) 3. Performance Test (PT) The CBX is a pass/fail exam: all you need is scaled 1440 out of 2000 points Relative weights in calculating final scaled score: 65% Written: 6 essays (100 points each=600 possible raw points) 39% 2 PTs (200 points each=400 possible raw points) 26% 35% MBE: 200 MBE questions=190 possible raw points (10 not graded) C. I. Develop a strategy to pass the California Bar Exam A. The substantive law - why all subjects on the CBX aren’t created equal Torts Contracts Real Prop R e m e d I e s Evidence Civil Pro Prof Resp Wills Trusts Comm Prop Con Law Crim L. & Pro Biz Associations 1. 2. 3. Essay & MBE subjects: Torts, Contracts, Real Property, Constitutional Law, Criminal Law & Procedure, Evidence Remedies Essay only subjects: Civil Procedure, Wills & Trusts, Community Property, Business Associations, Professional Responsibility B. Understanding each part of the CBX 1. 2. 3. ESSAY MBE PERFORMANCE TEST C. III. Managing the time crunch Practice, Practice, Practice CONVERTING RAW SCORES INTO SCALED SCORES Sample of a Passing Scorecard for July 2007 CBX MBE WRITTEN ESSAYS 1. 55 2. 60 3. 70 4. 65 5. 65 6. 60 Con Law Contracts Crim/Crim Pro Evidence Real Prop Torts 24 21 20...
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...streets The UK has an unwritten constitution and consists of statutes which are laws passed by Parliament. It also consists of conventions which are unwritten practices which have developed over time and common law which is developed by the courts and judges through cases. This makes the law easily amendable and flexible to changes for example the introduction of codified rights of individuals in the Human Rights Act 1998. The UK is a democracy therefore people have the right to freedom of expression and freedom of peaceful assembly, as stated in Article 10 and 11 of the European Convention of Human Rights. The exercise of these rights is necessary in a democratic society as it is in the interest of public authorities, public safety and the protection of the rights and freedom of others. The right to peacefully protest holds great importance as it demonstrates an individual’s freedom to express. However it is crucial that there is a balance between the Convention rights and the power of police to intervene. This essay will firstly address how the European Convention interacts with UK law, secondly it will discuss the rights of public authorities to intervene and lastly conclude whether the UK’s constitution provides sufficient protection for the right to protest in the streets. The ECHR was signed in 1950 in response to the injustices of WW2, the basic idea of these rights emerge from natural law, meaning there are certain things that are “wrong” or “right”. In 1998 the Human...
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...expanded powers through a raft of legislative amendments. It is evident that in dealing with any given circumstance that arises during the execution of their duties, officers may rely on both the common law and statutory powers to give effect to powers such as a warrantless arrest. In context of this power, the common law concept of the breach of peace deserves particular attention due to the dangers of misuse or abuse in its interpretation by the police. This paper will discuss how the common law and the Law Enforcement (Powers and Responsibilities) Act (2002) (LEPRA) give lawful effect to arrest and other various powers against offences connected to a breach of the peace. Finally, it will assess whether there is any practical desirability and utility of codifying such a power. This will be achieved by critically evaluating whether the current state of the law with respect to police discretionary powers effectively prescribes a balance between the law enforcement culture and the continuing maintenance of civil rights and liberties. In doing so, it will conclude by examining the consequences and implications of codification. Development of ‘breach of the peace’ The breach of the peace is one of the earliest offences in common law whose provenance can be found through English law in the sanctity of the home unit where ‘every man was entitled to peace in his own house.’ However it was the King’s peace that gradually enveloped the lands, and thus any breach of peace was a breach...
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...Justin Phillips 12/18/14 CRIM Exam Essay One may define a funnel as a cone shaped utensil with a tube at its bottom peak designed to escort substances through a small opening. Now a criminologist would define a funnel as the rapid drop from the number of actual crime committed to the number of offenders incarcerated. However with just a drop in numbers occurs at each stage, the justice system hasn’t been able to reduce crime rate. In depth, what is more important to the law would be decreasing crime and noticing that its focus on the top of the funnel. With data used to support facts, UCR reported that violent crimes like assault, homicide, rape and property crimes demonstrate how the amount of victimization happening involving these crimes is higher in numbers than the amount for those who are prisoners. Quantitative data shows that 1.5 percent is an incarcerated offender compared to the 21 million victims at the top of the funnel. The criminal justice funnel has three main types of prevention methods. The primary prevention seeks to prevent certain occurrences by looking at the underlying cause. The secondary prevention aims to identify practices and situations that put people at risk for illness or injury. For example, pharmaceutical companies that produce medications without approval from the FDA. Lastly, the tertiary prevention seeks to minimize long term consequences after the problem has already begun. It also focuses on preventing recidivism. This is a strategy...
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...that one would not normally make. In relation to Organized Crime, it has been proven that one’s environment produces traits for example if a person has been exposed to an certain social group and environment for a long period of time one will pick up habits (good or bad), There are a number of arguments that exist within our society, one point states that our society needs to have rules and laws set in motion as well as those of unwritten codes and morals in place for all of those to abide by. In view of our society as the social institution that has recognize that institution have become affix that has helped to spawn the organized crime that also exists within it. “The Alien theory states that individuals tat where involved in organized crime in Italy had involvement in the criminal organizations known as the Sicilian Mafia or Costra Nostra. Once many Italians migrated to the United States” (Limbaugh, 2011) because Italy was at that time one of the most overcrowded countries in Europe, and many considered the thought of leaving Italy to escape low wages, high taxes, and “apprehension by law enforcement in their own country” (Limbaugh, 2011), by coming to America met they could be part of the “American Dream.” American was the land of opportunities both legally and illegally. On arrival in America groups such as the Italians “developed, organized, and operated numerous criminal organizations, carried out minor and serious criminal offenses; and were believed by many professionals...
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...Faculty of Law, Governance and International Relations Law Section LL1014 CRIMINAL LAW I Autumn Semester 2011 ESSAY AND QUESTION Introduction The below report will be discussing the criminal liability of husband Tom, and Nurse Freya in the death of Rachel. An analysis will be conducted on each defendant and charges against each of them will be established along with definitions of each offence. The principles of causation, actus reus (AR) and mens rea (MR) will be discussed and relevant laws applied to the facts within each case and relevant laws applied. The first section of the report, R v Tom we will be discussing the criminal liability of Tom in the death of Rachel in which both murder and manslaughter charges will be considered. The AR for both of these offences is the same and can be defined as “The unlawful killing of a human being under the Queen’s peace.”[1] Assuming the victim was alive that this scenario was not during a war, it remains to establish that this was an unlawful killing. In the case of R v Freya we will focus on the AR of omission and determine whether the defendant Nurse Freya did the act or omitted to do a legally recognised duty which resulted in the death of Rachel. We will also decide whether the act was deliberate, unlawful, and a significant cause of death. In the case of R v Freya only a charge of manslaughter will be considered as Nurse Freya had neither the direct...
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...OSCOLA Oxford Standard for the Citation of Legal Authorities Fourth Edition Faculty of Law, University of Oxford www.law.ox.ac.uk/oscola Contents Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1 1 General notes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3 1 .1 Citations and footnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3 1 .1 .1 1 .1 .2 1 .1 .3 1 .1 .4 Citing cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3 Citing legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4 Citing secondary sources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4 Order of sources in footnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4 1 .2 Subsequent citations, cross-references and Latin ‘gadgets’ . . . . . . . . . . . . .5 1 .2 .1 Subsequent citations . . . . . . . . . . . . . . . . . . . . . . ....
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...Essay#1: The Effects of Probation and Imprisonment on Criminal Justice The philosophy of restorative justice and the reform concept of sentencing alternatives to imprisonment have well become the established practice in many courtrooms. With the achieved high level of recognition, many policymakers tend to actively perform the community-based and productive sentencing policies instead of the crime policies that are punitive and individualistic in nature. This article is going to examine the actual negative social impacts on incarceration and the accompanying sense of intractable social consequences as the evidence to argue that incarceration is less effective than other social intervention in producing the outcomes of public safety and the reductions in crime. In the case of Dan and Lindsay Smith, if the judge assigns the accused to probation rather than imprisonment, the accused can receive a suspended sentence to remain in the community under supervision as well as experiencing various amounts of social benefits both for individual and the state(Mauer, 2005, p. 607). Such community correctional sentence can provide a chance for the convicted persons to test their ability and fulfill the legal and moral standards without diminishing their social integrity and disfigurement. Probation has been developed as a community-based correctional sanction to reduce the probationers’ recidivism level through the community notification orders and community participation process...
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...legal causation is established in criminal law it is first necessary to understand that legal causation is an element of the actus reus (the guilty act prohibited by law) that needs to be satisfied before a person can be convicted of an offence. This essay will consider how factual and legal causation can be established in regards to acts and omissions before discussing the views of Brett and Waller concerning the fairness of legal causation in situations such as refusing medical treatment and careless driving. For a person to be convicted for an offence the prosecution will establish firstly whether the person has committed the actus reus, secondly, the persons state of mind at the time of offence such as intent or recklessness (mens rea) and lastly whether the defendant has a valid defence such as self defence. To establish the actus reus of an offence the courts will consider the guilty act, the circumstances at the time of the act and the consequences of that act. These are commonly defined within statute relating to the particular offence, for example, the actus reus of criminal damage is defined in s.1(1) of Criminal Damage Act 1971 as “a person who, without lawful excuse destroys or damages property belonging to another”. Criminal damage requires a consequence from an action making it a result crime; therefore the prosecution would have to show that the defendants conduct had caused a consequence that is prohibited by criminal law, this is known as causation. Causation...
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...on what legal basis and to what degree. Key words or phrases Harassment Protection from harassment Employer’s liability Vicarious liability Damages/sanctions in harassment cases Obvious sources/areas of law Halsbury’s Laws Practitioner texts Statutes Statutory Instruments Case law Client objective(s) To ascertain whether DDL can be held liable for any damages in respect of civil proceedings concerning the harassment alleged, notwithstanding that Oxbridge Essays www.oxbridgeessays.com their internal complaints procedure was complied with. If so, to what degree is there anything they can do to placate the issue, and are there any steps they should be taking now. Record of research undertaken SECONDARY SOURCES Hard Copy Sources Practioner’s Texts I looked in a text called Smith and Wood’s “Employment Law”, 9th Edition. → index – looked up “vicarious liability”, specifically relating to discrimination → pp 282 – 285 This reference related to sexual discrimination, not relevant in this search but noted that s 41(1) of the Sexual Discrimination Act makes the employer vicariously liable for discrimination perpetrated by the complainant’s fellow employees in the course of their employment, whether or not it is done with Oxbridge Essays www.oxbridgeessays.com the employer’s knowledge or approval, but that a defence was available under s 41(3) where the employer took reasonable steps to prevent such conduct. Need to check if there is such...
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...to her and screams at her over and over again that she must confess to the burglary. Kirsty is crying and upset but DC Sharp continues to shout at her, banging his fist on the table in front of her. After an hour of this treatment, Kirsty signs a confession. Assess the possibility of excluding the confession. Introduction The Police and Criminal Evidence Act 1984 ("PACE 1984") is an act designed to protect the public from unfair treatment and to allow Police Officers in England and Wales to pursue the course of justice and to reduce crime. Within the act there are rules to which all police officers must conform and a guide for the public to protect against unfairly obtained evidence. In this essay are two suspects who have against them a signed confession. This essay will assess the relevant sections of the act and assess the possibility of the evidence being...
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...Classification of evidence 20 Development and current objectives of evidence law 23 Introduction When you begin to study a new legal subject, you soon find that you come across words and expressions that you have not encountered before, or that you suspect are being used in a special way. This is especially so for evidence law. You need to understand the most important of these early on in order to get to grips with the subject. This chapter introduces you to these words and expressions. Besides ‘learning the language’ of evidence, you need to begin to develop a critical attitude towards the law so that you can write good answers to essay questions in the examination. But it’s impossible to adopt a critical attitude if you have no opinion about what the objectives of the law should be, and so this chapter introduces you to that topic too. Learning outcomes By the end of this chapter and the relevant readings you should be able to: explain what is meant by ‘relevance’, ‘weight’ and ‘admissibility’ present arguments defending or attacking the relevance of a given item of evidence explain what is meant by the following major technical terms used in evidence law: the best evidence rule, circumstantial and direct evidence, collateral facts, documentary evidence, facts in issue, original evidence, real evidence, hearsay, the best evidence rule and the voir dire describe two important characteristics of evidence law: its limited application, and its mixture of principles, rules and discretions...
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...Collins W ith CD English for Exams Grammar for IELTS Fiona Aish & Jo Tomlinson \ ■L& 11 * . ; P O W E R E D BY C O B U I L D ■ t; j ju B P H Contents Unit 1 O 2 Topic Grammar focus Holidays and travel Free time Exam Page number Grammar practice Sub-skill Simple tenses Present sim ple, past sim ple and present perfect Speaking Part 1 W riting Task 2 6 Continuous tenses Past continuous, present continuous, present perfect W riting Task 1 Reading 10 continuous 3 Fame Past N arrative tenses: past perfect and used to/would Reading Listening Section 2 14 Education Future 1 Witt and going to Listening Section 1 Speaking Part 3 18 The Internet Future 2 Present continuous fo r future and future perfect Listening Section 2 Reading 22 The family Word order and punctuation Subject + verb + object and punctuation W riting Task 2 Speaking Part 2 26 7 The environment Subject/verb agreem ent S ingular + p lu ra l nouns/verbs and determ iners Reading W riting Task 1 30 8 Food Countable/ uncountable nouns Countable and uncountable nouns Speaking Part 2 Listening Section 1 34 9 Employment and finance A rticles Using a, the or no article W riting Task 1 Reading 38 10 Youth Linking words and signposting Giving...
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...Chapter Title: 3 The Theory of Stare Decisis Book Title: The Sources of Hong Kong Law Book Author(s): Peter Wesley-Smith Published by: Hong Kong University Press, (October 1994) Stable URL: http://www.jstor.org/stable/j.ctt2jc134 . Your use of the JSTOR archive indicates your acceptance of the Terms & Conditions of Use, available at . http://www.jstor.org/page/info/about/policies/terms.jsp . JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range of content in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new forms of scholarship. For more information about JSTOR, please contact support@jstor.org. . Hong Kong University Press is collaborating with JSTOR to digitize, preserve and extend access to The Sources of Hong Kong Law. http://www.jstor.org This content downloaded from 143.89.105.150 on Sat, 6 Dec 2014 22:30:49 PM All use subject to JSTOR Terms and Conditions The Theory of Stare Decisis GENERAL THEORY Introduction The essential idea behind stare decisis is that a judge is required - thus has no discretion to refuse - to follow certain previous decisions. This obligation arises when a prior case A yields a proposition of law in circumstances which are indistinguishable from those confronting the judge in case B, and by a formal rule the judge in case B stands in an inferior relationship to the court which decided case A....
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...CORPORATE LAW EXAM: strategies for revision It is important to prepare a good set of revision notes to assist you in your preparation for the Corporate Law exam. Please note that section numbers and page numbers may not be accurate. PREPARATION OF NOTES Make your notes as user-friendly as possible. • Summarise the law; divide into relevant areas (eg. transactions with shares prohibited by the Corporations Law: share buy backs; financial assistance; capital reductions; indirect self-acquisition...) • Similarly, summarise the relevant sections of Legislation in each area (eg - what is a variation of class rights? See s 246C) • in any summary, cross reference it to the relevant page in your notes • Index your notes with table of contents or "Flags". Practice using your materials in exam-type conditions When do the majority commit fraud on the minority in common law? ("An abuse of power whereby the majority secures an unfair gain at the expense of the minority") |Expropriation of company's property |Ratification of breach of directors' duty |Expropriation of members' property | | | | | |1. Wrong against the company [LH 554-555] |1. Wrong against the company [LH 555-557] |1. Wrong against minorty member [LH 557-558]| |2. Cases |2. Gen meeting has a wide power to ratify...
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