...evidence on people still takes place in law, and in some cases without any sufficient evidence against these people. The purpose of this essay is to find the rules of the expert’s evidence opinions in criminal law and how the experts can present the evidencein any case. What is the procedure of the judge which can accept the expert witness opinion or to test the evidence before admitting it to the court. Recognising the issues which have happened in the past due to expert witness evidence without any sufficient proof and whether it is real evidence or margin evidence. Consequently, a lot of people areaffected by the law and causing some people to enter jail without evidence against them. In this essay...
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...In the film Legally Blonde, Brooke Taylor-Windham is charged with the murder of her husband. If the following events had occurred in the United Kingdom then the judicial route taken would have been in correspondence with the jurisdictions and statutory laws of the UK, which differ to American laws applied in the film. In the United Kingdom Brooke Taylor-Windham would be charged with the same crime which in this case is murder, as it fits the definition of murder which is defined as ‘Where a person of sound mind and discretion, Unlawfully kills, not through self-defence or other justified killing any human being, born alive and breathing through its own lungs, under the Queen’s peace, with intent to kill or cause grievous bodily harm’. Initially Brooke Taylor-Windham would have been given time to consult with her solicitor and then charged at a police station by a custody sergeant, after having being interviewed and then detained after arrest or bailed after arrest until further notice. Following that she would have a court date set to appear at a magistrate’s court. Virtually all criminal court cases start in the Magistrates court. She would appear in front of a panel of three judges of different ages, sexes and nationalities if possible to bring a broader experience of life to the bench, all three judges have the same powers but only the chairman, who sits in the middle, speaks directly to the defendant who in this case would be Brooke Taylor-Windham. Her Solicitor/Barrister...
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...Supreme Court The Supreme Court sits as a UK court when taking on civil case as it listens to 70 cases a year, mostly civil, which include some cases from Northern Ireland and Scotland. The majority of the civil cases are linked with tax law. On rare occasions a case can leap-frog from high court to Supreme Court but if not then the majority of the appeals come from the court of appeal or Scottish Court of Session. Leave to appeal to the Supreme Court must be granted by the lower court; this is usually court of appeal or by two justices. Only cases that raise a point of law of general public will be heard here. The Supreme Court will also hear criminal cases as well as civil. Court Of Appeal Civil Division The civil division of the court of appeal mainly hears appeals that came from the high court but on occasion it will hear cases from multi-track actions that have come from county court. The court will occasionally get appeals about the amount of damages awarded e.g. libel cases. Most appeals will concern a question in law. Leave to appeal must be agreed to by the lower court or by the Court of Appeal itself. The court of appeal can uphold or reverse the lower court’s decision. Criminal Division This division is presided over by Lord...
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...will be covering two segments of law, firstly the UK Court Structure will be looked at and secondly Professional Negligence. This assignment will also focus on how these aspects are applied to Legally Blonde. Law is part of our general lives and everywhere you go there is some sort of law behind everything. Law is made up of lots of different rules it is possible to describe law as the body of official rules and regulations, generally found in constitutions and legislation, which are to govern a society and to control the behaviour of its members, so Law is a formal mechanism of social control. (Keenan et al, p3) In the movie Legally Blonde, the foundation of the case was a murder case which is a serious offence that falls under the category of the Criminal Law. Criminal Law is outlined as “A body of rules and statutes that defines conduct prohibited by the government because it threatens and harms public safety and welfare and that establishes punishment to be imposed for the commission of such acts.” Taken from (Gerald N. Hill and Kathleen T. Hill. (1981-2005 ). Criminal Law http://legal-dictionary.thefreedictionary.com) The UK court structure is ‘concerned with administration of the law and the legal personnel’ (Keenan et al, p46). The courts are the focal point of our legal system. The time when you need to attend court could be in situation such as individual’s having disputes among each other in the society or citizens breaching the law. Nowadays there are levels in which...
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...Assignment 5 A- The Juries act of 1974 (amended by the criminal justice and courts act 2015) lays down the following rules in order for a candidate to qualify to become a juror; the candidate must be aged between 18-75, be on the electoral roll and must have lived in the UK for at least 5 years from age 13. The criminal justice act of 2003 broadened the boundaries of who can become a juror, since this act was initiated police, judges, doctors are now also expected to sit as a juror even though they were once excused from the service. However, you can still be excused from jury duty for exceptional purposes, e.g. if you have an exam, if you are pregnant, if you are ill or on holiday. If you are excused, your date will postponed to another time. There are some people that are completely excluded from jury duty, for example; the mentally ill, people in active service (Soldiers in Afghanistan etc.), if you served longer than 5 years in prison or if you are serving a community order most of these exceptions are highly understandable- for example; the mentally ill. This isn’t a completely limiting factor I.e. if the juror had depression and is being treated with medication and is perfectly able to think straight then there is no reason that they cannot be discriminated against. However, if the mental illness is more extreme such as bipolar or Schizophrenia the court will not accept them to sit on the jury. This would only be fair as the juror would not have a clear mental understanding...
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...their actions, you have a remedy, in Law. The Common Law is the Law-of-the-Land, and is the highest man-made Law under which the People of the Nation are bound. Under the Common Law, everyone is individually responsible for their own actions. The 'office' they may hold, the 'authority' they may consider they have, and/or the uniform they may wear, does not protect them in any way, shape, form. Simply because they (like everyone else) are responsible for every action they take. This was set into tablets of stone following Word War II, at the Nuremberg Trials. German Officers claimed "I was only obeying orders", yet they were still found guilty, and hung accordingly. This also forms a part of the Geneva Convention to which most Countries are signatories, especially the United Kingdom. Thus "I was only obeying orders" is not a defence. The reasoning is simple: BEFORE taking any actions against anyone else, make sure that what you are doing is lawful and moral. If you suspect that the action you have been ordered to take is either unlawful or immoral, then you must refuse to obey. You can report the order, and your reasons for believing it to be unlawful and/or immoral to a higher authority. You can go as high as you like in the chain of authority, pointing out that anyone who conspires to support the unlawful/immoral order are making themselves accomplices, in Law. And that, as a consequence, they (themselves) will be held fully accountable, in Law. The Process itself In simple terms...
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...in this letter and then you can decide. Cases involving theft are treated as either way offences this means you can have the option to have your case heard in either the Magistrates or Crown court. In the Crown Court your case will be heard in front of a Jury who will make the final decision whereas the Magistrates Court your case will be heard infront of a judge who will also make the final decision on your sentencing. I will explain a bit more about both courts and also which one I think would be best for you to choose for your case. If you decided to have your case heard at the Crown Court you will present your case to 12 members of the Jury and they will make the final decision on whether you will be sentenced guilty or not guilty. The Jury is a selection of 12 jurors who are usually selected through the electoral. The Jury must be anonymous and must not know anyone involved in the case. A Juror must be at least 18 years old and can be no older than 70. They also would of had to been a UK resident for the last 5 years from the age of 13. Some people are excluded from being able to sit in the Jury such as those with mental illness, lawyers, doctors and priests. People can also be disqualified from sitting on the Jury if they have been imprisoned for life, detention for life, custody for life, those who have been detained by HMP, currently on bail and also for public protection. Those...
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...passing of new laws. A process called judicial review sees judges voting on whether new laws are constitutional or not. This protects the constitution from any new law which may compromise it. Organizational Convenience The gathering together of all the fundamental principles and highest forms of law in one place gives the judicial system a convenient point of reference. In countries without a codified constitution, the law is made up of statutes, precedents, conventions and works of authority. This separation of different components of law can slow down the judicial process. Entrenchment Entrenchment is the word used to describe the way in which a codified constitution is protected from those who would change it. Special procedures are required to amend a codified constitution, and this usually requires a 'super majority' before any such amendment is passed. This protects the fundamental principles of the constitution, for example the right to a trial before a jury that is enshrined in the bill of rights. This provides a separation of powers, limiting the amount of damage one democratic party can do to another when they gain power. Checks and Balances Countries without a codified constitution -- the UK for example -- have been criticised for the amount of discretionary power afforded to their ruling party and even their individual prime ministers under their current systems. Critics of un-codified constitutions have stated that the prime minister in the UK is able to force...
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...The Courts in the Uk are institutions that aim to bring justice. Magistrates court have to power to charge minor cases, whereas Crown courts deal with more serious criminal cases, less than 3% all criminal cases go to the Crown, this percentage alone tells you that only the serious and complex cases will be heard, your trial here will be dealt with by both a Judge and Jury. I observed the Crown Court for this report; I decided this would be the best court to observe because all kinds of Criminal functions are heard here. The Judge will decide on matters of law and will manage your trial ensuring that it is run correctly and fairly, the jury then decides on matters of fact, (e.g. are you guilty?). The CJS is made up of many different agencies that work together to collectively respond to ‘crime’, each agencies ‘output’ is another’s ‘input’, a key agency being the Police, who are required to investigate and prevent crimes and are responsible for arresting and detaining suspects. The cases heard at crown courts are ranked in order of seriousness; the most serious heard by High Court judges, the majority of other less serious cases dealt with by either circuit judges or recorders. The judges in the Crown Courts have no limit to what they can sentence; they can impose a fine of any amount and can impose a sentence of custody for life. During the day I witnessed the beginning of two trials. The first case I witnessed was an act of fraud, a couple had managed to collectively steal...
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...system and law-making process. P1 and P2 – Produce a diagram of the hierarchy of courts in the UK. Describe each of the courts in turn. P2 - European court of justice is the highest of court affecting our legal system since 1973. For points of European law, a decision has to be made by this court and is compulsory on all other courts in England and wales. However, there are still laws which are unaffected by European Union law and for these the Supreme Court (formerly the House of Lords) is the Supreme Court. An important aspect of the European court of justice is that is prepared to overrule its own past decisions if it feels it is necessary. This is a flexible approach to past precedents is seen in other legal systems in Europe, and is a contrast to the more rigid approach of our national courts. The court is divided in to three sections which are court of justice which deals with requests for preliminary rulings from national courts and certain actions for annulment and appeals. Then the general court rules on actions for annulment brought by individuals, companies and, in some cases, EU governments. This means that this court deals mainly with competition law, State aid, trade, agriculture, trademarks. Then there is the civil service tribunal which rules on disputes between the EU and its staff. The role of the European court of justice is ensuring the EU law is interpreting...
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...Eriffs. The Sc ottis h Parli ament and Sc ottish Parliament Informati on Centr e l ogos. SPICe Briefing The Scottish Civil Court System 13 February 2014 14/15 Sarah Harvie-Clark This Briefing provides an overview of the civil court system in Scotland, including a description of the main civil courts and the hierarchy associated with them. It also provides an introduction to the key terminology associated with the civil courts and a brief overview of other bodies and individuals associated with the civil courts system. The Briefing is intended to be useful background for those with an interest in the Courts Reform (Scotland) Bill. For an overview of the system of criminal courts in Scotland see the SPICe Briefing entitled The Scottish Criminal Justice System: the Criminal Courts (McCallum 2011). CONTENTS EXECUTIVE SUMMARY 3 AN INTRODUCTION TO THE CIVIL JUSTICE SYSTEM 4 THE SCOTTISH CIVIL COURTS AND TRIBUNALS 6 OTHER RELEVANT BODIES AND INDIVIDUALS 12 SOURCES 13 RELATED BRIEFINGS 18 2 EXECUTIVE SUMMARY The justice system in Scotland is split into two distinct parts: the criminal justice system and the civil justice system. The distinction between the two parts of the system is as follows: the criminal justice system exists to prosecute, or otherwise deal with, those who commit crimes. On the other hand, the civil justice system exists to give people and organisations a way to protect and enforce their legal rights...
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...Cornell Search About LII / Get the law / Lawyer Directory / Get Legal Forms / Legal Encyclopedia / Help Out • • Wex • all pages • articles • español • Inbox Project • search • FAQ Legal systems Introduction: profusion and variety There are hundreds of legal systems in the world. At the global level, international law is of great importance, whether created by the practice of sovereign states or by agreement among them in the form of treaties and other accords. Some transnational entities such as the European Union have created their own legal structures. At the national level there are over 180 sovereign states in the United Nations Organization. Many of these are federal or confederal, and their constituent parts may well have their own law. But, despite this great variety, it is important to begin by emphasizing one great division: that into religious and secular legal systems. Each side of this split holds quite different views as to law, in its source, scope, sanctions, and function. The source of religious law is the deity, legislating through the prophets. Secular law is made by human beings, and one of its most famous examples begins with the words 'We, the people'. It follows from this difference in their source that religious laws are perceived to be eternal and immutable, while secular rules can be changed by their makers. Religious law tells people what to believe as well as how to behave, whereas secular law deals with our external actions as they...
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...Lay People Magistrates & Juries o You need to know: o Qualification; Appointment and Selection and Training; / Role (what they do) o Need to be able to comment upon: o Whether we have cross-representation of society as magistrates and juries o To what extent juries are randomly selected / how to improve selection o Advantages and disadvantages of using lay people in decision-making process. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ∑ “lay” meaning not legally qualified. ∑ Tradition of using non-legally qualified people in the decision-making process in our courts. This is cornerstone of our English legal system: o Fundamental right to trial "by one's peers" o Therefore, we need a cross-representation of society to be magistrates and juries. o [then justice is not only done, but seen to be done.] Selection (picked): Randomly selected from electoral register Selection(picked): Selected for their qualities Requirements: a) Formal requirements: Age: 18 — 65 years (retire at 70 years old) Residence: Within 15 miles of commission area of the court. Minimum Time per year: 26 half days b) Character requirements: [1988 Lord Chancellor guidelines] 6 key qualities good: character / understanding & communication / social awareness / maturity & sound temperament / sound judgement / commitment & reliability. INELIGIBLE: ∑ Those with serious criminal record ...
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...Dog attack personal injury law changes proposed in UK over 2014 Changes to the law of personal injury were proposed by the government recently in relation to dog attacks. The new personal injury laws, which should be introduced in UK over 2014, will see the maximum of sentence for the owner of a dog that fatally attacks someone increases to 14 years in jail, compared with the current figure of just two years and an unlimited fine. For owning a dog that causes a personal injury to someone, the maximum sentence will be five years. Other proposed changes to the law include a maximum three-year sentence for people whose dog injury or kills another person's assistance dog, such as a guide dog. At the moment, people are only likely to face prosecution...
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...was imposed as a deterrent from reckless,willful conduct. However, the amount of punitive damages awarded have been the topic of my debates leaving some to criticize, that plaintiffs are overly compensated specifically voicing opinions or concerns that a limit should be imposed on punitive damages. Circumstances justifying the recognition of punitive damages based upon the defendant acting intentionally, maliciously, or without regard to the rights of the plaintiff and interests of the claimant. Punitive damages first established in England in 1763. Civil law in the United States recognized punitive damages in 1850. (5) "According to the U.S. Supreme Court, three factors guide a decision to award enhanced damages (punitive damages)": The action of the defendant was willful or deliberate, "whether the infringer had a good faith belief that the patent was invalid", and litigants conduct during the litigation. (4) A jury verdict to impose an amount of punitive damages may be over-turned by the trial judge, if the award is considered to be excessive or inadequate. (6) "A fundamental goal of a punitive damage award is to punish but not bankrupt the wrongdoer." (9) Five States do not recognize or award punitive damages in any civil action and some States have passed legislation limiting punitive damage awards. (11) Most personal injury cases, the plaintiff is seeking both compensatory and punitive damages. (1) Certain circumstances or incident may not validate...
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