...Supreme Court The Supreme Court sits as a UK court when taking on civil case as it listens to 70 cases a year, mostly civil, which include some cases from Northern Ireland and Scotland. The majority of the civil cases are linked with tax law. On rare occasions a case can leap-frog from high court to Supreme Court but if not then the majority of the appeals come from the court of appeal or Scottish Court of Session. Leave to appeal to the Supreme Court must be granted by the lower court; this is usually court of appeal or by two justices. Only cases that raise a point of law of general public will be heard here. The Supreme Court will also hear criminal cases as well as civil. Court Of Appeal Civil Division The civil division of the court of appeal mainly hears appeals that came from the high court but on occasion it will hear cases from multi-track actions that have come from county court. The court will occasionally get appeals about the amount of damages awarded e.g. libel cases. Most appeals will concern a question in law. Leave to appeal must be agreed to by the lower court or by the Court of Appeal itself. The court of appeal can uphold or reverse the lower court’s decision. Criminal Division This division is presided over by Lord...
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... Assessment two: Legally Blonde Legally Blonde This assignment will be covering two segments of law, firstly the UK Court Structure will be looked at and secondly Professional Negligence. This assignment will also focus on how these aspects are applied to Legally Blonde. Law is part of our general lives and everywhere you go there is some sort of law behind everything. Law is made up of lots of different rules it is possible to describe law as the body of official rules and regulations, generally found in constitutions and legislation, which are to govern a society and to control the behaviour of its members, so Law is a formal mechanism of social control. (Keenan et al, p3) In the movie Legally Blonde, the foundation of the case was a murder case which is a serious offence that falls under the category of the Criminal Law. Criminal Law is outlined as “A body of rules and statutes that defines conduct prohibited by the government because it threatens and harms public safety and welfare and that establishes punishment to be imposed for the commission of such acts.” Taken from (Gerald N. Hill and Kathleen T. Hill. (1981-2005 ). Criminal Law http://legal-dictionary.thefreedictionary.com) The UK court structure is ‘concerned with administration of the law and the legal personnel’ (Keenan et al, p46). The courts are the focal point of our legal system. The time when you need to attend court could be in situation such as individual’s having disputes among each other in the...
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...Lay People Magistrates & Juries o You need to know: o Qualification; Appointment and Selection and Training; / Role (what they do) o Need to be able to comment upon: o Whether we have cross-representation of society as magistrates and juries o To what extent juries are randomly selected / how to improve selection o Advantages and disadvantages of using lay people in decision-making process. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ∑ “lay” meaning not legally qualified. ∑ Tradition of using non-legally qualified people in the decision-making process in our courts. This is cornerstone of our English legal system: o Fundamental right to trial "by one's peers" o Therefore, we need a cross-representation of society to be magistrates and juries. o [then justice is not only done, but seen to be done.] Selection (picked): Randomly selected from electoral register Selection(picked): Selected for their qualities Requirements: a) Formal requirements: Age: 18 — 65 years (retire at 70 years old) Residence: Within 15 miles of commission area of the court. Minimum Time per year: 26 half days b) Character requirements: [1988 Lord Chancellor guidelines] 6 key qualities good: character / understanding & communication / social awareness / maturity & sound temperament / sound judgement / commitment & reliability. INELIGIBLE: ∑ Those with serious criminal record ...
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...jUJuries Questions June 2013 a) Describe the role of the juries and magistrates in criminal law cases (18 marks) Juries are used in less than 1% of criminal cases. In the Crown court, the jury decides whether the defendant is guilty or not guilty. They do not decide the type of sentence as that is the role of the judge. In order to make their decision they listen to the evidence and the summing up by the judge. They will decide questions of fact, whereas the judge will advise them on questions of law. At the end the end of the trial they retire to a jury room to discuss the case in secret. It is preferred of the jury to make a unanimous decision if possible, however a majority decision can also be accepted in circumstances only of 11:1 and 10:2. Although when the jury is of 9 members, the decision must be unanimous. The jury does not need to justify their decision when the foreman announces their decision in the court room. Magistrates’ Court tries 97% of all criminal cases from the start to finish, whereas the other 3% are dealt at a preliminary level with Early Administrative Hearings (remand hearings, bail applications and committal proceedings). The magistrates deal with all summary matters, including debts owed to utilities, non payments of council tax, non payments of TV licences ect... When dealing with these matters, they are instructed not only to decide whether the defendant is guilty or not guilty but the sentencing too. Furthermore, they also deal...
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...new law which may compromise it. Organizational Convenience The gathering together of all the fundamental principles and highest forms of law in one place gives the judicial system a convenient point of reference. In countries without a codified constitution, the law is made up of statutes, precedents, conventions and works of authority. This separation of different components of law can slow down the judicial process. Entrenchment Entrenchment is the word used to describe the way in which a codified constitution is protected from those who would change it. Special procedures are required to amend a codified constitution, and this usually requires a 'super majority' before any such amendment is passed. This protects the fundamental principles of the constitution, for example the right to a trial before a jury that is enshrined in the bill of rights. This provides a separation of powers, limiting the amount of damage one democratic party can do to another when they gain power. Checks and Balances Countries without a codified constitution -- the UK for example -- have been criticised for the amount of discretionary power afforded to their ruling party and even their individual prime ministers under their current systems. Critics of un-codified constitutions have stated that the prime minister in the UK is able to force changes in law through...
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...The Courts in the Uk are institutions that aim to bring justice. Magistrates court have to power to charge minor cases, whereas Crown courts deal with more serious criminal cases, less than 3% all criminal cases go to the Crown, this percentage alone tells you that only the serious and complex cases will be heard, your trial here will be dealt with by both a Judge and Jury. I observed the Crown Court for this report; I decided this would be the best court to observe because all kinds of Criminal functions are heard here. The Judge will decide on matters of law and will manage your trial ensuring that it is run correctly and fairly, the jury then decides on matters of fact, (e.g. are you guilty?). The CJS is made up of many different agencies that work together to collectively respond to ‘crime’, each agencies ‘output’ is another’s ‘input’, a key agency being the Police, who are required to investigate and prevent crimes and are responsible for arresting and detaining suspects. The cases heard at crown courts are ranked in order of seriousness; the most serious heard by High Court judges, the majority of other less serious cases dealt with by either circuit judges or recorders. The judges in the Crown Courts have no limit to what they can sentence; they can impose a fine of any amount and can impose a sentence of custody for life. During the day I witnessed the beginning of two trials. The first case I witnessed was an act of fraud, a couple had managed to collectively steal...
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...görme The public perception of him as a hero is surprising. NOTICE [U] the ability to notice something fark etme, farkına varma, tanıma, görme Alcohol reduces your perception of pain. Conationimpulse Unanimous agreed by everyoneoy birliği ile üzerinde uzlaşılan; herkesçe kabul edilen; genel kabul görenThe jury was unanimous in finding him guilty. unanimity /ˌjuːnəˈnɪməti/ noun [U]› when everyone agrees about somethinggenel/toplumsal uzlaşı; oy birliği ile anlaşma; genel kabul; fikir birliğiunanimously adverb›oy birliği ile kabul edilmişThe members unanimously agreed to the proposal. dissonancenoun [U] UK /ˈdɪs.ən.əns/ US /ˈdɪs.ə.nəns/ › specialized music a combination of sounds or musical notes that are not pleasant when heard together:the jarring dissonance of Klein's musical score› formal disagreement dissonant adjective UK /ˈdɪs.ən.ənt/ US /ˈdɪs.ə.nənt/ specializedor formal ›a dissonant combination of sounds Infrastructure (n) noun 1. the basic, underlying framework or features of a system ororganization. 2. the fundamental facilities and systems serving a country, city, or area,as transportation and communication systems, power plants, andschools. 3. the military installations of a country eschew(v) to avoid something intentionally, or to give something up...
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...Scottish Civil Court System 13 February 2014 14/15 Sarah Harvie-Clark This Briefing provides an overview of the civil court system in Scotland, including a description of the main civil courts and the hierarchy associated with them. It also provides an introduction to the key terminology associated with the civil courts and a brief overview of other bodies and individuals associated with the civil courts system. The Briefing is intended to be useful background for those with an interest in the Courts Reform (Scotland) Bill. For an overview of the system of criminal courts in Scotland see the SPICe Briefing entitled The Scottish Criminal Justice System: the Criminal Courts (McCallum 2011). CONTENTS EXECUTIVE SUMMARY 3 AN INTRODUCTION TO THE CIVIL JUSTICE SYSTEM 4 THE SCOTTISH CIVIL COURTS AND TRIBUNALS 6 OTHER RELEVANT BODIES AND INDIVIDUALS 12 SOURCES 13 RELATED BRIEFINGS 18 2 EXECUTIVE SUMMARY The justice system in Scotland is split into two distinct parts: the criminal justice system and the civil justice system. The distinction between the two parts of the system is as follows: the criminal justice system exists to prosecute, or otherwise deal with, those who commit crimes. On the other hand, the civil justice system exists to give people and organisations a way to protect and enforce their legal rights and to regulate disputes in respect of those rights. Each part of the Scottish justice system has its own courts...
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...• FAQ Legal systems Introduction: profusion and variety There are hundreds of legal systems in the world. At the global level, international law is of great importance, whether created by the practice of sovereign states or by agreement among them in the form of treaties and other accords. Some transnational entities such as the European Union have created their own legal structures. At the national level there are over 180 sovereign states in the United Nations Organization. Many of these are federal or confederal, and their constituent parts may well have their own law. But, despite this great variety, it is important to begin by emphasizing one great division: that into religious and secular legal systems. Each side of this split holds quite different views as to law, in its source, scope, sanctions, and function. The source of religious law is the deity, legislating through the prophets. Secular law is made by human beings, and one of its most famous examples begins with the words 'We, the people'. It follows from this difference in their source that religious laws are perceived to be eternal and immutable, while secular rules can be changed by their makers. Religious law tells people what to believe as well as how to behave, whereas secular law deals with our external actions as they affect others. In a religious legal system disputes are usually adjudicated by an officer of that religion, so the same person is both judge and priest. In a secular system, by contrast,...
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...alias Solo causing $800,000 in damages (Campbell, 2014). While in the systems, McKinnon deleted vital files from the operating systems, which ultimately shutdown approximately 2,000 computers on the U.S. Army and Navy networks. In 2002, the UK National Hi-Tech Crime Unit (NHTCU) interviewed McKinnon and his computer was seized. During the interview, he acknowledged accessing the systems, but stated he was gathering information about UFOs because the government was hiding pertinent facts. Additionally, McKinnon was indicted by a federal grand jury in the U.S. and potentially faced a maximum sentence of 70 years in confinement; however, he was not extradited because of a controversy involving jurisdiction , extradition laws and penalties for cyber crime. Furthermore, the Director of Public Prosecutions (DPP) refused to conduct a trial in the UK because a bulk of the evidence was located in the US and McKinnon’s actions were against the US and its interests (Arnell & Reid, 2009). In 2008, McKinnon was medically diagnosed with Asperger’s Syndrome, a form of autism, and having clinical depression. After being diagnosed, the political parties within the UK were divided because the main topic of discussion was McKinnon’s human rights versus his criminal behavior (Mackenzie & Watts, 2010). Even though some called McKinnon’s condition a trick and a way for him to avoid extradition, others felt the UK government was being insensitive and should have done more because various...
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...Assignment Assignment tittle: Aspects of the legal system and law-making process. P1 and P2 – Produce a diagram of the hierarchy of courts in the UK. Describe each of the courts in turn. P2 - European court of justice is the highest of court affecting our legal system since 1973. For points of European law, a decision has to be made by this court and is compulsory on all other courts in England and wales. However, there are still laws which are unaffected by European Union law and for these the Supreme Court (formerly the House of Lords) is the Supreme Court. An important aspect of the European court of justice is that is prepared to overrule its own past decisions if it feels it is necessary. This is a flexible approach to past precedents is seen in other legal systems in Europe, and is a contrast to the more rigid approach of our national courts. The court is divided in to three sections which are court of justice which deals with requests for preliminary rulings from national courts and certain actions for annulment and appeals. Then the general court rules on actions for annulment brought by individuals, companies and, in some cases, EU governments. This means that this court deals mainly with competition law, State aid, trade, agriculture, trademarks. Then there is the civil service tribunal which rules on disputes between the EU and its staff. The role of the European...
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...Which is the most appropriate justification for punishment – deterrence, retribution, rehabilitation or incapacitation? Give reasons for your answer. In this essay the following methods of punishment; deterrence, retribution, rehabilitation and incapacitation will be critically evaluated with example to reference, thus the most appropriate method in collaboration with the justice system for the UK can be selected. There has been much debate with regards to the meaning and purpose let alone the most efficient method of punishment for many years. For the purpose of this essay punishment can be defined as ‘social artefact’ Garland (1990). Punishment such as prison and ASBOs tell us a lot about society such as who has broken the law and who is legit and trustable, nevertheless dose this in reality justify why punishment exists and conducted in a social environment? As stated by Durkheim punishment has a diverse effect on each person certain people react in a positive manner and others in a negative. However he left us to question from all the different strategies at the core of punishment which one actually works in different places or at different times, do societies use different kinds of penal strategy? Why did punishment such as ducking stools and stocks go out of fashion? Why have so many industrial democracies given up on capital punishment? Why has imprisonment become such an important form of punishment” Hudson, J (2003). Capital punishment can be defined as...
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...in patent infringement suits, while Apple and Motorola Mobility were already engaged in a patent war on several fronts.[2] Apple's multinational litigation over technology patents became known as part of the mobile device patent wars: extensive litigation in fierce competition in the global market for consumer mobile communications.[3] By August 2011, Apple and Samsung were litigating 19 ongoing cases in nine countries; by October, the legal disputes expanded to ten countries.[4][5] By July 2012, the two companies were still embroiled in more than 50 lawsuits around the globe, with billions of dollars in damages claimed between them.[6] While Apple won a ruling in its favour in the U.S., Samsung won rulings in South Korea and Japan, and the UK. Contents [hide] 1 Origin 2 South Korean lawsuit 3 Japan lawsuits 4 German courts 5 French and Italian courts 6 Dutch courts 7 Australian courts 8 British courts 9 U.S. courts 9.1 First US Trial 9.1.1 US verdict 9.1.2 Injunction of US sales during first trial 9.1.3 First trial appeal 9.2 Second US Trial 9.3 Controversy 10 See also 11 References 12 Further reading [edit]Origin Apple sued its component supplier Samsung, alleging in a 38-page federal complaint on April 15, 2011 in the United States District Court for the Northern District of California that several of Samsung's Android phones and tablets, including the Nexus S, Epic 4G, Galaxy S 4G, and the Samsung Galaxy Tab,...
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...I. BACKGROUND INFORMATION/ADDITIONAL PERSPECTIVES In 1986, a group called London Greenpeace which is an activist body campaigning on a variety of environmental and social justice issues, produced and distributed a leaflet entitled ‘What’s Wrong With McDonald’s? – Everything They Don’t Want You To Know’ outside a McDonald’s store in the United Kingdom. It criticized almost all aspects of the corporation’s business accusing that McDonald’s: is complicit in Third World starvation; buys from greedy rulers and elites and practices economic imperialism; wastes vast quantities of grain and water; destroys rainforests with poisons and colonial invasions; sells unhealthy, addictive junk food; alters its food with artificial chemistry; exploits children with its advertising; is responsible for torture and murder of animals; poisons customers with contaminated meat; and exploits its workers and bans unions. At first, McDonald’s ignored the London Greenpeace campaign but when it grew and was taken up seriously by more and more groups around the world in 1989, they decided to take extreme measures against the group. McDonald’s hired seven private investigators to spy on the London Greenpeace to find out who was responsible for the production and distribution of the leaflet. And to be able to file a libel case they will need names of individuals. So the spies penetrated to the group to get names and addresses, took letters sent to the group, got fully involved to the group’s...
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...DNA profiling (also called DNA testing, DNA typing, or genetic fingerprinting) is a technique employed by forensic scientists to assist in the identification of individuals by their respective DNA profiles. DNA profiles are encrypted sets of numbers that reflect a person's DNA makeup, which can also be used as the person's identifier. DNA profiling should not be confused with full genome sequencing.[1] It is used in, for example, parental testing and criminal investigation. Although 99.9% of human DNA sequences are the same in every person, enough of the DNA is different to distinguish one individual from another, unless they are monozygotic twins.[2] DNA profiling uses repetitive ("repeat") sequences that are highly variable,[2] called variable number tandem repeats (VNTR), particularly short tandem repeats (STR)s. VNTRs loci are very similar between closely related humans, but so variable that unrelated individuals are extremely unlikely to have the same VNTRs. The DNA profiling technique was first reported in 1984[3] by Sir Alec Jeffreys at the University of Leicester in England,[4] and is now the basis of several national DNA databases. Dr. Jeffreys's genetic fingerprinting was made commercially available in 1987, when a chemical company, Imperial Chemical Industries (ICI), started a blood-testing centre in England.[5] Contents [hide] 1 DNA profiling process 1.1 RFLP analysis 1.2 PCR analysis 1.3 STR analysis 1.4 AmpFLP ...
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