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Question: To what extent has the HRA 1998 impacted on the reversal of legal burden to an accused in criminal cases?

Table of Content
Introduction 2-4
R v Lambert case 5-6
Impact of Human Rights Act 1998 7
6 principles by Ian Dennis
· Judicial deference 7-9
· Classification of offences 9-10
· Construction of criminal liability: elements of offences and defences 11-12
· Significance of maximum penalties 13
· Ease of proof and peculiar knowledge 14-15
· Presumption of innocence 15-16
Conclusion 17
Bibliography 18-19
Tables of statutes and cases 20-21

Answer: Introduction A criminal conviction and imposing punishment would subject individual to moral denunciation and physical hardship. The main purpose of the law of evidence on the trial process is to ensure that...


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Details: - Mark: Not available | Course: Law of Evidence | Year: 2nd/3rd | Words: 3290 | References: Yes | Date written: February, 2013 | Date submitted: April 08, 2014 | Coursework ID: 855

Question: Case Study - Jim Hawkins purchases from Mrs Dunraven the fee simple in Hispaniola, a spacious property with large grounds located in Petertone- super- Michael, a quiet Glamorgan village. The title is registered.

When Hawkins moves in he discovers that William Bones, his neighbour, is claiming that he (Bones) has a right to cross the rear garden of Hispaniola. When Hawkins questions him as to proof of this, Bones replies and that he and his family have been doing so for many years and have always had an informal agreement with the owners of Hispaniola to do so.

In the far corner of Hispaniola’s grounds, is a small cottage, Benbow Cottage and Hawkins subsequently discovers that Mrs Miggs, Mrs Dunraven’s cousin, hold a ten years lease of these premises.

To the other side of Hispaniola, lies ‘Pieces of Eight’ a thriving antique business owned by Jonathan Silver, who is claiming that Hispaniola is subject to a covenant prohibiting business use. Hawkins, who has considered using at least of Hispaniola as luxury holiday lettings is dismayed by this.

The main reason for Mrs Dunraven’s sale of Hispaniola was that she had ended her relationship with her boyfriend, Livesy. Livesy is claiming that he paid the deposit when Mrs Dunraven purchased Hipsaniola and is now seeking to regain at least some of this money.

Advise Hawkins as to whether and on what basis he is bound by any of the above claims.

Answer: Introduction The Land Registration Act 2002 was designed to revolutionize conveyancing and bring the land registration system into the modern age. With the full enactment of the Land Registration Act 2002 this...


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Details: - Mark: Not available | Course: Land law | Year: 2nd/3rd | Words: 3298 | References: Yes | Date written: November, 2013 | Date submitted: April 08, 2014 | Coursework ID: 854

Question: Case Study: Amber Valley Primary School was closed 6 months ago by Amber Borough Council (ABC), the local education authority, which owns all the land and buildings. The school has been standing empty while ABC attempts to find a buyer for the site. Although ABC placed fencing around the site, local residents reported that youths had broken into the site on a number of occasions.

Last week a group of youths from a nearby young offenders institution, operated by Chigley Services Ltd (CS) under contract to the Home Office, broke into the disused school and set fire to it. The youths had been clearing rubbish from a neighbouring stream and were supposed to have been under the supervision of Justin and Jason, both of whom are CS employees. However, Justin and Jason had gone for a cigarette break and left the youths unsupervised at the time the break-in occurred.

The fire caused damage to neighbouring property including a baker's shop owned by Mark. It is likely to be many weeks before the business can reopen and Mark stands to lose many thousands of pounds in lost profits.

It later transpired that the fire would not have had time to spread to neighbouring property had the Fire Brigade acted more swiftly. The Amber Valley Fire engine was unavailable at the time and another engine had to be dispatched from Leicester. The crew got lost on the way because they put the wrong address in the sat-nav (satellite navigation) device.

Advise Mark in respect of any claims he may have (if any).

Answer: Introduction This question requires an examination of the tort of negligence, specifically in relation to establishing the necessary causative links to permit the recovery of damage. A successful claim in the tort...


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Details: - Mark: Not available | Course: Tort Law | Year: 2nd/3rd | Words: 3077 | References: Yes | Date written: January, 2014 | Date submitted: April 08, 2014 | Coursework ID: 853

Question: Shirley is married to Arnold. One day, Arnold slaps Shirley around the head causing deafness and bruising. A few days later he pushes her against a hot oven causing a burn to her forearm and a cut to her hand. The same night he cuts off a substantial portion of her hair following an argument. The following week Arnold says that unless Shirley can get him £1000, the sum of money he owes to Cliff, he will break both her legs. The violence has worn down Shirley’s resistance. She becomes depressed, anxious and fearful. Hardly aware of what she is doing, and experiencing intermittent spells of dizziness for which she takes medication, Shirley goes to a designer shop and grabs several expensive leather handbags from an assistant which she sells to passers-by outside a market in another part of town. She receives only £600 and knows that Arnold will be extremely angry that she has not found the full £1000. She therefore decides to borrow some money from the cash till in the shop where she works. Unfortunately, she can only find £100 which she plans to return after the next payday. She is, in fact, owed £200 in unpaid wages. At home she explains her actions to Arnold whereupon he picks up a hot iron. In the belief that this is a threatening gesture, Shirley picks up a knife and slashes Arnold’s forearm many times. He shouts that he was merely going to iron a dress for her to wear that evening.

Discuss which offences may possibly have been committed by Shirley and Arnold.

SOAS, University of London, 1st year LLB Criminal Law

Answer: Shirley All possible offences will be discussed. In the first situation where Shirley leaves the shop without paying, the offence she might have committed is theft. The definition of theft is dishonestly...


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Details: - Mark: 65% | Course: Criminal Law | Year: 1st | Words: 2000 | References: Yes | Date written: November, 2012 | Date submitted: April 02, 2014 | Coursework ID: 851

Question: “The doctrine of frustration challenges the validity of the fundamental principle of pacta sunt servanda.” Discuss.

SOAS, University of London, 1st year LLB Criminal Law, OBLIGATIONS I

Answer: Frustration: a hindrance to pacta sunt servanda? The doctrine of frustration and the doctrine of pacta sunt servanda evince two different areas in contract law. Nevertheless, is the doctrine genuinely a menace...


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Details: - Mark: 65% | Course: Criminal Law | Year: 1st | Words: 1812 | References: Yes | Date written: March, 2013 | Date submitted: April 02, 2014 | Coursework ID: 850

Question: Tom, an architect, entered into a contract with Jerry to construct a double storey house for £200,000 on a piece of land that Jerry had inherited from his grandmother. They agreed that the house should be built by the 31st September. Tom engaged Rachel to carry out all the plastering work by the 21st September. Rachel had completed about half the work when she informed Tom that she had underestimated the time the job would take and that she would in all likelihood finish the plastering on the 2nd October. Tom offers to pay Rachel an extra 30% of the agreed price and suggests that she employs a plasterer to help her with the work. Rachel asks Beatrice to help her and as a result the plastering is completed on the 21st September. Jerry has informed Tom that his investments are doing badly and that he will not be able to pay Tom the price they agreed. Tom takes the £190,000 that Jerry offers him, nodding when Jerry says that that this is ‘in full settlement’ of the price. Jerry has in fact been investing in more shares and Tom has asked Jerry to pay the remainder of the price. Meanwhile Tom has refused to pay Rachel the extra 30% of the agreed price for the plastering.

Benedict, a fine arts student, obtained Jerry’s permission to carve a piece of rock in one corner of Jerry’s property while the building work was going on. On seeing the finished carving, Jerry promised to reward Benedict with £700 ‘to help him out with his tuition fees’. Benedict is still awaiting payment from Jerry.

Advise Jerry, Rachel and Benedict.

SOAS, University of London, 1st year LLB Criminal Law

Answer: The issues concerned in the problem question are mostly about consideration, promissory estoppel and about the formation of a contract. We would need to consider all the claims separately and use relevant...


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Details: - Mark: 60% | Course: Commercial Law | Year: 1st | Words: 1248 | References: Yes | Date written: November, 2012 | Date submitted: April 02, 2014 | Coursework ID: 849

Question: Problem Question: Shirley is married to Arnold. One day, Arnold slaps Shirley around the head causing deafness and bruising. A few days later he pushes her against a hot oven causing a burn to her forearm and a cut to her hand. The same night he cuts off a substantial portion of her hair following an argument. The following week Arnold says that unless Shirley can get him £1000, the sum of money he owes to Cliff, he will break both her legs. The violence has worn down Shirley’s resistance. She becomes depressed, anxious and fearful. Hardly aware of what she is doing, and experiencing intermittent spells of dizziness for which she takes medication, Shirley goes to a designer shop and grabs several expensive leather handbags from an assistant which she sells to passers-by outside a market in another part of town. She receives only £600 and knows that Arnold will be extremely angry that she has not found the full £1000. She therefore decides to borrow some money from the cash till in the shop where she works. Unfortunately, she can only find £100 which she plans to return after the next payday. She is, in fact, owed £200 in unpaid wages. At home she explains her actions to Arnold whereupon he picks up a hot iron. In the belief that this is a threatening gesture, Shirley picks up a knife and slashes Arnold’s forearm many times. He shouts that he was merely going to iron a dress for her to wear that evening.

What are the potential criminal liabilities of Shirley and Arnold?

Answer: Reckless Infliction and wounding of Grievous Bodily Harm Arnold may be charged with battery in specific reference to section 47 or 20 for the first instance of slapping Shirley around the head...


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Details: - Mark: 67% | Course: Criminal Law | Year: 1st | Words: 2000 | References: Yes | Date written: February, 2013 | Date submitted: April 02, 2014 | Coursework ID: 848

Question: Course: Legal systems of Asia and Africa. LLB Law Single Honours.

Discuss whether religion and/or customs can constitute an objective legal source, including at least two Asian or African legal systems in your analysis.

Answer: Religion and custom can constitute a normative objective legal source more within the framework of ‘Private law’ than ‘Public law’ in India and Pakistan in the form of predominantly Hindu and Muslim...


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Details: - Mark: 70% | Course: International Law | Year: 1st | Words: 1083 | References: Yes | Date written: March, 2013 | Date submitted: April 02, 2014 | Coursework ID: 847

Question: “The doctrine of frustration challenges the validity of the fundamental principle of pacta sunt servanda.” Discuss.

LLB Law Single Honours

Answer: Introduction The principle of pacta sunt servanda refers to private contracts, which contains clauses between the parties, and this implied that non-fulfillment of respective obligations is a breach of the pact. As...


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Details: - Mark: 67% | Course: Contract Law | Year: 1st | Words: 1778 | References: Yes | Date written: March, 2013 | Date submitted: April 02, 2014 | Coursework ID: 846

Question: Discuss the western characterization of Late Imperial Chinese Law as ‘uncivilized’.

2nd Year Undergraduate LLB Chinese Law, School of Oriental and African Studies, University of London. Mark Received: 2.1

Answer: From the westerners’ observation of the application of Chinese punishments during the late 19th century, they generally view that the Chinese punishments as inhumanely cruel, and the procedures were at times arbitrary,...


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Details: - Mark: Not available | Course: International Law | Year: 2nd/3rd | Words: 2624 | References: Yes | Date written: January, 2014 | Date submitted: March 31, 2014 | Coursework ID: 845

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