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Question: CRIMINAL LAW ASSIGNMENT 1
Question 1:
Role;
You are a Legal Assistant at Slick, Sharpe and Greasee Solicitors in Bradford West
Yorkshire. You have been instructed by Khotha your supervisor to prepare a report on the
following case scenario:
Scenario:
Callous and Julia are the parents of Samantha, a newly born and severely handicapped
baby. Both parents instruct the doctors in the hospital where Samantha is kept to give her
no more treatment. They say that if she is not allowed to die, they will not take her home
and care for her. The doctors reluctantly agree to withdraw treatment and Samantha dies.
Tasks:
a. Advise Callous and Julia of their criminal liability.
b. Advise the doctors and the Health Trust of their criminal liability.
c. If criminal proceedings are brought against the above mentioned on whom will the
burden of proof lie and what standard of proof will be required to discharge the
burden.
Question 2:
Role:
You are a Assistant Prosecuting Officer and have been instructed by Gettum, your
supervisor, to prepare a report on the following case scenario:

Scenario:
David is the manager of a local textile business. He is married to Maggie the owner of
Eatwell House, a local restaurant. At present David is having an extra marital affair with
Lucy, a waitress at Maggie's restaurant. One evening at Eatwell House, whilst Maggie
and David were celebrating their wedding anniversary, Maggie discovers that David has
not been faithful to her. He had even planned to leave Maggie and go abroad with Lucy. In a fit of fury Maggie hits David head with a frying pan and David starts to bleed
profusely. Lucy runs to help David but Maggie pushes her out of the restaurant.Maggie
tells her that she is sacked and should stay away from both Eatwell House and David.
Tasks;
a. Advise Maggie as to her criminal liability in respect to the injuries caused to
David.
Which offences do you think Maggie may have committed?
b. What offences if any did Maggie commit in relation to Lucy?
c. If criminal proceedings are to be brought against Maggie what type of evidence
will be important to prove the case?

Answer: TASK ONE Findings: [A] My advice to Callous and Julia in regards to their criminal liability and the [B] Doctors and the...


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  • Subject: Law
  • Course: Criminal Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: 70%
  • Words: 2489
  • Date submitted: April 18, 2009
  • Date written: October, 2007
  • References: Yes
  • Document type: Essay*
  • Essay ID: 1449

Question: What are the differences between ‘duress’ and ‘undue influence’? Do the two concepts together constitute a law against unconscionable contracts?

Answer: The concepts of duress and undue influence are related in that they both deal with the situation where a person enters into...


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  • Subject: Law
  • Course: Contract Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: 70%
  • Words: 1770
  • Date submitted: March 27, 2009
  • Date written: January, 2003
  • References: Yes
  • Document type: Essay*
  • Essay ID: 1107

Question: To what extent does the law provide sufficient protection for those who enter into a contract with a person who, through age, mental illness, or intoxication, may be said to lack the capacity to make a binding agreement?

Answer: In answering the question, it is essential first to summarize the fundamental rules which apply to contracts entered into with a person...


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  • Subject: Law
  • Course: Contract Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: 70%
  • Words: 1795
  • Date submitted: March 19, 2009
  • Date written: Not available
  • References: Yes
  • Document type: Essay*
  • Essay ID: 1059

Question: ‘The law of contract should give effect to the reasonable expectations of contracting parties. Principle certainly requires that a burden should not be imposed on a third party without his consent. But there is no doctrinal, logical, or policy reason why the law should deny effectiveness to a contract for the benefit of a third party where that is the expressed intention of the parties.' Discuss.
Are the Law Commission's proposals (Report No 242, ‘Privity
of Contract - Contracts for the Benefit of Third Parties' (1996)) for the reform of this area satisfactory?

Answer: There are two elements contained within the doctrine of privity of contract which the quotation from Steyn LJ relates to. Namely, that...


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  • Subject: Law
  • Course: Contract Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: 70%
  • Words: 1612
  • Date submitted: February 12, 2009
  • Date written: Not available
  • References: No
  • Document type: Essay*
  • Essay ID: 793

Question: Is the Doctrine of Double Effect legalising Euthanasia by the back door?

Answer: In order to fully discuss this question, the definitions of both double effect and euthanasia must be established and the medical, moral...


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  • Subject: Law
  • Course: Medical Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: 70%
  • Words: 10018
  • Date submitted: February 10, 2009
  • Date written: Not available
  • References: No
  • Document type: Dissertation
  • Essay ID: 740

Question: Fuller writes of Austin: ‘Over and over again he teeters on the edge of an abandonment of the command theory… Yet he never takes the plunge. He does not take it because he had a sure insight that it would forfeit the black-and-white distinction between law and morality that was the whole object of his Lectures…’ (Lon L. Fuller, “Positivism and Fidelity to Law – A Reply to Professor Hart” (1958) 71 Harv. L. Rev. 630, p 640).

Does this comment identify a weakness in legal positivism generally?

Answer: “Everything’s got a moral, if you can only find it”, wrote Lewis Carroll . Alice has a sure insight into the beliefs...


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  • Subject: Law
  • Course: Jurisprudence
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: 70%
  • Words: 2789
  • Date submitted: February 10, 2009
  • Date written: January, 2000
  • References: Yes
  • Document type: Essay*
  • Essay ID: 701

Question: 'In developing the doctrine of supremacy of European law, the European Court of Justice acted in a manner that was not only justified, but moreover indispensable to reach the fundamental objectives the Member States had agreed upon in the Treaty of Rome.' Do you agree?

Answer: The European Court of Justice has asserted that “the essential characteristic of Community [law is] its primacy over the law of the...


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  • Subject: Law
  • Course: European Union Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: 70%
  • Words: 2244
  • Date submitted: February 05, 2009
  • Date written: November, 2003
  • References: Yes
  • Document type: Essay*
  • Essay ID: 645

Question: ‘The decision of the Court in Williams v Roffey Bros [(1991)1 QB 1, Court of Appeal ] which suggests that performance of an existing (contractual) duty can constitute consideration where it results in ‘practical benefit’ to the promisor creates further ambiguity in the scope of consideration in English contract law’.

Discuss.

Answer: ‘The doctrine of consideration is all about ‘selecting those agreements to be given the ‘badge of enforceability’.[1] Put simply, in English law...


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  • Subject: Law
  • Course: Contract Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: 70%
  • Words: 1612
  • Date submitted: February 01, 2009
  • Date written: November, 2003
  • References: Yes
  • Document type: Essay*
  • Essay ID: 507

Question: ‘The measure of success of any law of the termination of employment is the extent to which re-employment is attained where appropriate. By this measure, the law of both wrongful dismissal and unfair dismissal must be judged a failure.’

Critically discuss the above statement.

Answer: When the Industrial Relations Act 1971 introduced a right to claim unfair dismissal, it filled a sorry gap in the common law....


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  • Subject: Law
  • Course: Employment Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: 70%
  • Words: 4469
  • Date submitted: January 31, 2009
  • Date written: April, 2005
  • References: Yes
  • Document type: Essay*
  • Essay ID: 489

Question: Geraldine has executed a trust deed in respect of part of her large fortune. She also made a Will six months before she died........Advise the potential beneficiaries in relation to the distribution of Geraldine's Estate, setting out the equitable principles and supporting your advice with authorities.

Answer: For me to advise the potential beneficiaries in relation to Geraldine’s estate, I will have to look at the equitable principles and...


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  • Subject: Law
  • Course: Equity and Trust Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: 70%
  • Words: 2982
  • Date submitted: January 29, 2009
  • Date written: January, 2007
  • References: Yes
  • Document type: Essay*
  • Essay ID: 444

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