LAW 401 Assessment item 3 Exam Overview document Answer the question in topic 1 using a short essay format. This should not be less than 200 words and not exceed 500 words. Mark/ TOPIC 1 Family Law Q 1 Under the Family Law Act a court must take into account’ the best interests of the child”. What does this mean? What are the factors the court is to consider in determining the best interests of the child and how do these operate Mark/10 Family law and children Answer the following
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days cover a scam or corruption conducted by the very people who have been entrusted with a responsibility to make or protect the laws of the land. And sadly‚ the extent of such transgressions is increasing with each passing day. In the wake of such woeful commentary on the state of affairs in our country‚ I am bound to be one with the fact that “Law Makers are now Law Breakers”. The rot of our society has been going on for years and we kept looking the other way. Power started acting as a catalyst
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but the main purpose of their role is‚ “Sentencing.” Sentencing: is when a criminal is being put on trial‚ and is being told the amount of time he or she is serving. Judges inquire a great power in the decision-making process to pursuit justice. Depending on a case‚ some of the jury may see things in a different perspective. Some may lean toward the liberal side‚ which is more complex and focuses more on why the criminal committed the crime. In addition‚ liberals also focus on the criminal’s history
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population only grew by about 300‚000 citizens or about 1.5%. The increase of arrests was definitely due to policy change‚ as is illustrated when comparing population growth numbers by the increase in people actually stopped and those arrested. Current law allows police officers to conduct stop and frisk searches of persons based on reasonable suspicion‚ as determined by Terry v. Ohio where supreme court decisions determined that individuals can be searched not only for probable cause (where an individual
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Question: To what extent does the law balance out the rights of the victims‚ offenders and society in the criminal investigation process? The role of the criminal investigation process is to balance the rights of the victims and offenders in society. All individuals’ wether victim‚ offender or member of society have basic rights to which the law attempts to adhere to. While all are individual‚ the rights will differ for the purpose of maintaining a balance in society. Though upholding the rights
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Criminal law is the body of law concerned with what constitutes a criminal offence and how it is dealt with when it comes to court in terms of sentence. Criminal procedure law is linked with the law of evidence and is concerned with how the defendant is charged‚ brought to court‚ asked to enter pleas‚ and the whole business of conducting a trial in accordance with the established principles of procedure and evidence. Criminal law versus civil law All law other than criminal law is known as civil
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– Loss of control However‚ as a partial defence to the murder charge (Defendants name) may be able to raise the defence of loss of control. Loss of control is a special defence to murder and aims to reduce liability to voluntary manslaughter. The law is set out in S54 of the Coroners and Justice Act 2009. There are three requirements to loss of control. The first requirement is for the defendant to prove that ‘the killing must have resulted from a loss of self-control’. The loss need not be sudden
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Fault Under the English law individual liability is based liability on the concept of blameworthiness. The oxford English dictionary defines fault as ‘responsibly or blame for an offence or misdeed’ it is not considered appropriate to subject someone to civil or criminal sanctions unless it can be proved that he or she performed on illegal at in a blameworthy manner. Blame does not normally attach in civil law if the injury occurs accidently or in criminal law or the crime occurs through in honest
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biological and/or psychological traits” (Siegel 564). I found this theory to be very interesting because it talks about all of these factors that could increase the likelihood of someone becoming a criminal. When looking at this this theory it suggests that maybe the driving factor in someone making them do criminal activities is something simple like a hormonal imbalance. This could be very useful to know because there might be a cure whatever it is that is making them commit crimes. In the late nineteenth
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wrongs to understand criminal law. This paper will discuss the differences between criminal‚ tort‚ and moral responsibility. There is a responsibility to the public not to commit acts or omissions against the public interest. A crime can be defined as an act or omission that the law makes punishable‚ generally by fine‚ penalty‚ forfeiture‚ or confinement (Garland‚ 2012). Criminal law prohibits public wrongs and specifies a punishment against the offender (Simmons‚ 1984). Thus criminal responsibility
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