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English Legal System

Question: ENGLISH LEGAL SYSTEM
ASSIGNMENT 2
TASK 1
Memorandum
To: Mrs Braun
From:
CC: Law suet from Betty
Date:
Re: Changes to legal service in England

Answer: The English legal profession is divided into two sections: 1- Solicitors 2- Barristers In England and Wales there are over 80,000 solicitors, who are governed by the Law Society who supervise the training and discipline of the solicitors and represents the profession. Solicitors have traditionally done advocacy work in the magistrate’s court and the County Court but not in the High Courts.......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: ENGLISH LEGAL SYSTEM
ASSIGNMENT 1
Role
You are employed as a trainee solicitor with Singh & Co who specialise in criminal
work and also civil work.
Scenario 1
David has been arrested by two police officers, Smith and Jones, as he was running
out of a house belonging to Mrs Kitchener, a rich old lady. He had just burgled the
house. (The crime of burglary is an arrestable offence.) When they arrested him,
the officers told him that he had no right to remain silent.
The officers took him down to the police station for questioning. On their arrival,
David asks the custody officer if he can call his brother to tell him what has
happened. The custody officer refuses to allow him to make the call and David is not
allowed to see a solicitor.
The investigating officer, Sergeant Bruce, starts to question David about the incident
without taking any record of the interview. After leaving the station, PCs Smith and
Jones go round to Mrs Kitchener\'s house to search for evidence without a
warrant. They think that they might find David\'s fingerprints on the door and
window.
David is charged with burglary.

Taskl
Referring to the Police and Criminal Evidence Act 1984 in your answer, prepare a
report advising David on all the points below:
a. were the officers right to arrest him without a warrant ?
b. does David have a right to remain silent ?
c. what might happen in his trial if he did remain silent ?
d. was the custody officer right not to allow David to make a phone call ?
e. was the custody officer right to refuse to allow David to see a
solicitor ?
f. was Sergeant Bruce right not to tape record the interview with David ?
g. were the officers right to search Mrs Kitchener\'s house without a
warrant ?
h. in which court might David\'s trial be held ? Describe the appeal route open
to David if he is unhappy with the outcome of the trial.
Scenario 2
Mr Sands has been approached by another client, Julia Jones, who recently sustained
whiplash injuries during a car accident. Miss Jones wishes to make a claim through
the civil courts. However, before Mr Sands proceeds with giving Miss Jones any
advice, he has asked you to prepare a report outlining the main changes made by the
Woolf reforms. He also tells you that there are two conflicting cases which will
affect Miss Jones\' legal position. One is a case decided in the High Court in 1981,
and the other was a Court of Appeal case in 1995.

Task2
Write a report discussing the main changes made by the Woolf reforms of the civil
court system and what difference they have made to people using the civil courts.
Mr Sands also asks you to name the source of law which comes from decided cases,
and give your opinion (with reasons) on which of the two cases will be followed by
the court in Miss Jones\' case.

Answer: TASK 1 Introduction: Below I have compiled a report outlining my findings that will assist David on his current circumstance referring to the Police and Criminal Evidence Act 1984. Findings: Police and Criminal Evidence Act 1984: Arrest: Arrest is where people can be detained against their will. If the arrest is carried out according to the law then it is lawful. Person can be arrested wit......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: “In spite of the many policy failures we have recounted, we remain convinced that diversion and decarceration are desirable and achievable goals”.

Critically evaluate the effectiveness of community forms of punishment in the context of these stated goals.

Answer: The simple truth is that prisons do not work, either as effective punishment or as a means of ensuring the safety and stability of the community. Of the primary functions of prison – incapacitation, punishment, deterrence, stigmatisation, and rehabilitation – only incapacitation cannot properly be achieved by alternative methods.......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: Working in the law. UK graduates and their obstacles in success.

Answer: As far as the solicitors’ profession is concerned, most firms who provide training to future solicitors have selection procedures which aim to eliminate discrimination, for example, ethnicity, class, or gender grounds. Equally, the Bar Council has also laid down a code of conduct for appointment of pupil barristers which should have the same effect. Therefore, it is probably accurate to say that......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: Has the UK become more litigious?

Answer: The position taken in this assignment is that the UK has become more litigious. It will be argued that the scale and scope of litigation has increased significantly beyond that seen previously. Indeed it will be shown that such developments are in many ways comparable to that of United States and have been focused particularly upon the area of clinical negligence in ways that are not unproblematic......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: Where does ultimate power lie in the UK constitution?

Answer: Most European nations have written constitutions; a single document which can be referred to in isolation. Unusually for a major western democracy, the UK has no such document. The rules on who makes the law, how the relationship between the principle organs of state is regulated and their functions, are contained in a variety of sources i.e. Statutes, the common law, and conventions. An unwrit......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: \"The need for reform in the House of Lords has been greatly exaggerated and therefore makes proposals for reform likely to create more problems than they would solve.\" Discuss.

Answer: The notion that the problems surrounding the House of Lords have been greatly exaggerated is a myth that can be quickly dispelled by looking at the facts. Prior to the House of Lords Act 1999, there were solely 16 female hereditary peers and 2 hereditary peers of ethnic minority in 1998 . The facts showed that the House of Lords was not only socially unrepresentative and undemocratic nature, but h......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: Does the social make up of judges matter?

Answer: The position taken in this essay is that the ‘social makeup of judges’ does matter. That is the social class, race and gender of judges may lead to bias and unfairness in their decision making. Especially so, when the makeup of the judiciary is still quite out of proportion to the general population. Whilst noting that it’s effect may not always be present or significant, it will be argued t......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: Assess the constitutional impact of the decision of the House of Lords in the GCHQ case (Council of Civil Service Unions v Minister for the Civil Service (1985))

Answer: The case we are studying, commonly known as the GCHQ case, is a landmark case with regards to its constitutional impact. In summary, in January 1984, the government decided to ban its staff from being members of trade unions because of past industrial action that had occurred within the Government Communications Headquarters (GCHQ). The decision was carried out by authority of an Order in Co......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: Critically explain the powers of the European Court of Justice (ECJ), with special reference to its relation to domestic courts within the United Kingdom.

Answer: The European Court of Justice (ECJ), is the highest court in the European Union in all matters of European Union law. As such, it is best considered as the judicial component of the European Union, interpreting and ensuring the application of Community law in member states. It therefore has the ability to overrule the judgements of domestic courts within the United Kingdom. It consists of 27 judge......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

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