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Question: Problem Question
Samuel was a schizophrenic who thought that he heard “voices” from heaven advising him how to live. He lived next door to David who was a scientist and an atheist. Samuel and David did not get along. Over a period of time, Samuel’s “voices” had been whispering to him that David was an evil brought there to destroy Samuel and all he loved. As such, Samuel was advised by his “voices” to kill David.

One night, Samuel broke into David’s house and gagged David and tied him to his bed before setting the bed on fire. David died.

Task:
You are required to answer both of the following questions:
a) Identify and discuss the possible defences which Samuel can rely on in relation to a charge of murder.

AND

b) “The possible available defences would have differed if Samuel had been intoxicated instead of schizophrenic.”

Using the factual problem as an illustration, critically discuss the effect of intoxication as being a form of an abnormality of mental functioning for the purposes of the defence of diminished responsibility in light of the Coroners and Justice Act 2009.

Answer: Murder, a common law defence, is defined as an unlawful killing of a human being under Queen’s peace the malice aforethought – Coke. The actus reus of the murder is killing a...


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Details: - Mark: Not available | Course: Criminal Law | Year: 2nd/3rd | Words: 3603 | References: Yes | Date written: November, 2013 | Date submitted: August 03, 2014 | Coursework ID: 883

Question: Jury impropriety issues have been raised in relation to jurors viewing and searching for information on the Internet which is related to the case they are deliberating and discussing their case on social networking sites. There has been a call for more research to be undertaken on whether jurors understand the potential miscarriage of justice implications of accessing the Internet.

Review the legal position relating to these issues.

Contents
Table of Authorities…………………………………………………………………….....2
Statues………………………………………………………………………….….2
Cases……………………………………………………………………………....2
Question……………………………………………………………………………………3
Answer……………………………………………………………………………………..4
The History of the Jury……………………………………………………………4
The Role of the Jury………………………………………………………………4
The Composition of the Jury.........................................................................4
Challenges and Problems…………………………………………………….….5
Juror Misconduct………………………………………………………………….5
The Impact………………………………………………………………...………6
Main Challenge - Technology……………………………………………...……6
Why and How Are Jurors Using the Internet During Trial?...........................7
The Outcome of Utilizing Internet…………………………………...………….8
The Task…………………………………………………………………………..9
The Benefit of Having Jury……………………………………………………..10
Reformation………………………………………………………………………11
Solution…………………………………………………………………………...12
Closing Remarks………………………………………………………………...13
List of Reference………………………………………………………………………...14
Bibliography………………………………………………………………………...……16

Answer: The History of the Jury Juries were originally known as slaves of the king dating back to the 12th century England because back then, their job is to discover and present facts...


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Details: - Mark: Not available | Course: English Legal System | Year: 1st | Words: 2646 | References: Yes | Date written: November, 2013 | Date submitted: August 02, 2014 | Coursework ID: 882

Question: Roland wishes to buy the latest laptop in the market for his upcoming major office project. His friend recommends Loyat Enterprise as the place to go to get the latest in computers at very competitive price. At Loyat, Roland meets Eric, an expert salesman. Roland explains to Eric his requirements and Eric shows him a laptop and states, ' This is built for you".

Roland further ask Eric if the laptop is stable where it needs to remain turned on for at least 16 hours, to which Eric affirms. Roland further examines the laptop's basic functions and was quite happy with it. Roland buys the computer for £3700.

Roland spent a week preparing the slides for some key presentations for the project and had stored some important data. In the middle of the preparation, Roland had noticed that the laptop did not seem absolutely stable and immediately call Eric. Eric asked Roland to bring the laptop over to the shop to be checked. Roland was unable to do so as the presentation was just two days away and had a lot more work to do on the laptop. On the day of the presentation, much to Roland's anger the display function on the laptop was not in working condition. However Roland went ahead with the presentation form his laptop. After about 10 hours, the laptop crashed and everything in it was lost. Roland was taken off the project and he subsequently resigned from his job.

Advise Roland

To what extent, would your answer will be different if Roland had merely paid £2000 for the laptop due to the promotion?

Contract Law ‘Misrepresentation’ (LLB first year)

Answer: The problems with this essay seem to be one related to the doctrine of actionable misrepresentation. However, the major discussion in this question requires one to identify Eric’s contractual liability towards Roland....


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Details: - Mark: Not available | Course: Contract Law | Year: 1st | Words: 1914 | References: No | Date written: November, 2009 | Date submitted: July 08, 2014 | Coursework ID: 881

Question: 'There is no defense of necessity in the English law'. Discuss.
Criminal Law (LLB first year)

Answer: This question requires us to examine the current status on the law of necessity in the UK and whether to what extent that the UK law still recognise such a defence. The...


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Details: - Mark: Not available | Course: Criminal Law | Year: 1st | Words: 3242 | References: Yes | Date written: November, 2013 | Date submitted: July 08, 2014 | Coursework ID: 880

Question: ‘There is considerable interest in judicial diversity in contemporary debate about the legal profession, but those who argue in favour of diversity often ignore the fact that it will inevitably lead to changes in the way judges approach the task of judging.’ Discuss.

Answer: The growth of multiculturalism has exposed the seemingly homogenous- older, white, middle class, and male, composition of the judiciary which gives a cause to ‘bemoan’ , especially in contrast with countries such...


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Details: - Mark: 68% | Course: English Legal System | Year: 1st | Words: 912 | References: Yes | Date written: November, 2011 | Date submitted: May 16, 2014 | Coursework ID: 879

Question: ‘The provisions of Article 290 TFEU are the ultimate proof of the failure of comitology as a supervisory mechanism on behalf of the Member States’. Discuss.

LL232 – Law and Institutions of the European Union – Comitology

Answer: In this essay, an answer is sought to whether the provisions of Article 290 TFEU can really be seen as proof of the failure of comitology as a supervisory mechanism on behalf...


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Details: - Mark: 68% | Course: European Union Law | Year: 2nd/3rd | Words: 1673 | References: Yes | Date written: October, 2012 | Date submitted: May 16, 2014 | Coursework ID: 878

Question: ‘The law of express private trusts should require certainty of purpose instead of certainty of objects’. Discuss.

LL275 Property Law II 65%

Answer: The basic rule of English trusts law is that express trusts must have beneficiaries –people for whose benefit the trust property is held and applied –and hence that it is not possible...


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Details: - Mark: 65% | Course: Equity and Trust Law | Year: 1st | Words: 1708 | References: Yes | Date written: November, 2012 | Date submitted: May 16, 2014 | Coursework ID: 877

Question: Critically analyse the implication of Criminal Justice Act 2003 in relation to Character Evidence.

Answer: The CJA 2003 brought about a seismic shift in the law relating to evidence of bad character – that much is obvious. Section 99 abolished the common law rules (Hobbs v Tinling)...


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Details: - Mark: Not available | Course: Criminal Law | Year: 1st | Words: 1980 | References: Yes | Date written: Not available | Date submitted: May 12, 2014 | Coursework ID: 876

Question: State the primary differences between public nuisance and private nuisance. Explain how the tort of nuisance differs from the tort of strict liability.

Answer: The general definition of negligence can be described as carelessness, omission to do something a reasonable man would do; doing something a reasonable & prudent man would not do. (Blyth v Birmingham...


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Details: - Mark: Not available | Course: Tort Law | Year: 1st | Words: 1091 | References: No | Date written: Not available | Date submitted: May 12, 2014 | Coursework ID: 875

Question: Advance Directives to Refuse Treatment

With reference to any topic we have covered in the law module, identify an area of law of interest to you and critically evaluate it, demonstrating your understanding of its purpose and application, merits and deficiencies, with your proposals, if any, for reform.

Answer: This essay argues that Advance Decisions to Refuse Treatment (ADRTs) are currently in no man’s land between a legally binding decision and a starting point for discussing patients’ best interests. The essay...


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Details: - Mark: Not available | Course: Medical Law | Year: 2nd/3rd | Words: 2498 | References: Yes | Date written: January, 2014 | Date submitted: May 08, 2014 | Coursework ID: 874

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