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Question: English Legal Process Coursework - Assume that the Coroners and Justice Bill has been enacted in the form set out below and is in force. - A law student at the University of East Anglia, Brandon Fitzanglia, has been convicted of possessing prohibited images of children contrary to s.56 of the Coroners and Justice Act and has instituted an appeal to the Divisional Court of the Queen’s Bench Division by the case stated procedure.
The case stated and the legislation are reproduced below. Information about the Simpsons can be found at http://en.wikipedia.org/wiki/The_Simpsons - The appellant, Brandon Fitzanglia, is a fictitious person. - Write the judgement of the Divisional Court in no more than 2000 words.

Answer: The question for the opinion of the High Court, on the stated facts is whether the defendant’s hard drive contained an image...


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  • Subject: Law
  • Course: Criminal Law
  • Level: Degree
  • Year: 1st
  • Mark: 62%
  • Words: 1513
  • Date submitted: February 27, 2010
  • Date written: January, 2010
  • References: No
  • Document type: Essay*
  • Essay ID: 2816

Question: ‘The principles that the prosecution must prove the guilt of the prisoner and that a defendant will be judged by their peers is part of the common law of England'.

Have these principles been eroded in light of Woolmington v DPP and Lord Chief Judges decision to use Sections 44 and 46 of the Criminal Justice Act 2003?

Answer: In criminal proceedings, the legal burden of proving any fact which is essential to the prosecution’s case rests upon and remains with...


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  • Subject: Law
  • Course: Criminal Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: 62%
  • Words: 1859
  • Date submitted: October 26, 2008
  • Date written: Not available
  • References: No
  • Document type: Essay*
  • Essay ID: 2639

Question: ‘For Criminal Liability, the actus reus and mens rea of the same offence must always coincide in point of time.’ Assess the accuracy of this claim.

Answer: Liability put simply in legal terms is defined as a “legal duty or obligation by law” . Liability, if bound by law,...


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  • Subject: Law
  • Course: Criminal Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: 62%
  • Words: 2196
  • Date submitted: July 04, 2009
  • Date written: Not available
  • References: No
  • Document type: Essay*
  • Essay ID: 1768

Question: On 6 October, David received the following note from his uncle: Dear David, We discussed some time ago about you buying my construction equipment when I retire from business at the end of this month. I am willing to sell you the equipment for £10,000. Let me know soon as I already have a very good offer from someone else. Uncle Richard David is interested in the offer but he is unsure whether he can raise enough money by the end of October. He phones his uncle to ask whether he can have until the end of the year to pay. His uncle was away on a short business trip so he leaves a message with his secretary. David did not receive any reply from his uncle for three weeks. He arranged a loan with the local bank to buy the equipment. On 27 October, he wrote to his uncle accepting the offer and enclosed a cheque for £10,000. On 31 October his uncle phoned to inform him that he has already sold the equipment to someone else. Advise David who wishes to sue his uncle for breach of contract.

Answer: A contract is an agreement between two or more parties to do or to abstain from doing an act and which intends...


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  • Subject: Law
  • Course: Contract Law
  • Level: Degree
  • Year: 1st
  • Mark: 62%
  • Words: 1072
  • Date submitted: July 04, 2009
  • Date written: November, 2003
  • References: Yes
  • Document type: Essay*
  • Essay ID: 1761

Question: On 2nd January 1999, Sarah reads in a local newspaper, “The Brighton Bugle”, that a well known local sports enthusiast, Mick Muscle, was offering £5,000 to the first person to swim from Southsea to the Isle of Wight before 10th January, 1999.

Sarah, a keen swimmer, set about her preparations. On 6th January, 1999, a retraction appeared in “The Hove Herald’ stating that Mick’s original offer was cancelled and, instead, the prize was now to be £500 to the first person to cycle from Brighton to Oxford before 12th January, 1999. Sarah was a regular reader of “The Brighton Bugle” and no other newspaper.

She did not see the retraction in “The Hove Herald”.

On 9th January, Sarah went down to the beach at Southsea to commence her swim to the Isle of Wight. A bystander, who identified himself as Rick Muscle (Mick’s brother), told her that the swimming prize had been cancelled and she should “go and get her cycling gear on”.

Sarah disregarded this statement and proceeded with her swim. Rick Muscle notified his brother, Mick, who promptly hired a boat and caught up with Sarah in the middle of her swim. Mick shouted at her through a megaphone, telling her of the withdrawal of the reward for the swim. Sarah was not deterred and completed her swim to the Isle of Wight. On returning to her home in Brighton, she decided to cycle to Oxford the next day to see her best friend. She reached Oxford on the evening of 11th January.

She now wishes to claim both the £5,000 for being the first person to swim to the Isle of Wight and, having later learnt of the prize, the £500 for cycling to Oxford.

Advise Sarah.

Answer: The first thing to ascertain is whether the advertisement constitutes an ‘offer’ or an ‘invitation to treat’. An advertisement, at least in...


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  • Subject: Law
  • Course: Contract Law
  • Level: Degree
  • Year: 1st
  • Mark: 62%
  • Words: 1473
  • Date submitted: July 04, 2009
  • Date written: Not available
  • References: No
  • Document type: Essay*
  • Essay ID: 1760

Question: Explain and define the concept of “duty of care”. Can it adequately distinguish situations which should give rise to liability from those which should not?

Answer: Lord Atkins in the case of Donoghue v. Stevenson was the first to extract and apply a general duty of care in...


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  • Subject: Law
  • Course: Tort Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: 62%
  • Words: 2008
  • Date submitted: February 12, 2009
  • Date written: Not available
  • References: No
  • Document type: Essay*
  • Essay ID: 785

Question: What is the West Lothian Question?

Answer: The infamous ‘West Lothian question’ was raised by Tam Dalyell , M.P. for the former constituency of West Lothian in contemplation of...


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  • Subject: Law
  • Course: Public Law
  • Level: Degree
  • Year: 1st
  • Mark: 62%
  • Words: 1157
  • Date submitted: February 12, 2009
  • Date written: Not available
  • References: No
  • Document type: Essay*
  • Essay ID: 774

Question: To what extent can Law be used to challenge the decisions of the governing bodies in sport.

Answer: Sport constitutes a major part of life in Britain, however, traditionally, legal intervention in this area has been regarded as unnecessary. Where...


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  • Subject: Law
  • Course: Public Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: 62%
  • Words: 2968
  • Date submitted: February 12, 2009
  • Date written: Not available
  • References: Yes
  • Document type: Essay*
  • Essay ID: 772

Question: In this county, our constitution does not embody a full separation of powers. Our parliamentary democracy makes for a considerable fusion of the executive and legislative branches (Lord Irvine).

Discuss.

Answer: "While a strict separation of powers has never been a basis for the British constitution these arrangements seem to fly in the...


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  • Subject: Law
  • Course: Public Law
  • Level: Degree
  • Year: 1st
  • Mark: 62%
  • Words: 2679
  • Date submitted: February 12, 2009
  • Date written: April, 2003
  • References: Yes
  • Document type: Essay*
  • Essay ID: 763

Question: In the context of the UK’s membership of the EU and the advent of devolved administrations, is it still possible to regard the UK as a centralised, unitary state?

Answer: The United Kingdom has a unitary, rather than a federal, constitution. Since the Act of Union with Scotland 1707, legislative and executive...


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  • Subject: Law
  • Course: Public Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: 62%
  • Words: 1681
  • Date submitted: February 11, 2009
  • Date written: Not available
  • References: Yes
  • Document type: Essay*
  • Essay ID: 757

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