Common Law Assignment Answer 1: There is no enforceable contract between Joanna and Rita because under Contract Law it is stated that the first requirement for any valid contract to become existent is an agreement that contains the elements of “offer” and an “acceptance”. In the case provided‚ Joanna did put forth an offer for Rita who then laid a condition of accepting the offer‚ therefore a counter-offer; also Rita had not yet accepted the offer completely. She stated in her response‚ that
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are related to the civil commitment of the mentally ill criminals in the state of South Carolina. I will also try and provide summaries of the statutes that are used in South Carolina‚ how often they are used‚ the success rate and what the critics think about this law. In today’s Justice System‚ more often than not criminals that get caught think the first thing and that is to plead insanity. Most offenders are repeat offenders. With the repeat offenders they seem to know the law and yet they still
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Royal 1st. What was the common law before the making of the Act. 2nd. What was the mischief and defect for which the common law did not provide. 3rd. What remedy Parliament resolved and appointed to cure the disease. 4th. The true reason of the remedy; and then the function of the judge is to make such construction as shall supress the mischief and advance the remedy. When faced with a piece of legislation‚ the courts are required to interpret its meaning so that they can apply it to the
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Form THE UNIVERSITY OF TECHNOLOGY‚ JAMAICA THE FACULTY OF LAW CRIMINAL LAW I CAUSATION ______________________________________________________________ INTRODUCTION Where the actus reus of a crime includes specific consequences e.g. the crime of Murder - the consequence being death‚ it must be shown that the Defendant caused the victim’s death (although the defendant’s act need not be the sole or the main cause of death). A common approach of the courts has been to assert that causation is
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Student Handout 3.1 - The Difference Between Civil Law and Criminal Law When is a legal problem criminal and when is it civil? What difference does it make whether it is criminal or civil? One way of looking at criminal law is that it is dealing with something of public interest. For example‚ the public has an interest in seeing that people are protected from being robbed or assaulted. These are legal problems that fall into the criminal law. Criminal law involves punishing and rehabilitating
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CRIMINAL LAW THREE TYPES: Infractions- (like traffic tickets)‚ which are minor violations and‚ usually‚ the punishment is having to pay a fine. Felonies- are serious crimes like armed robbery‚ arson‚ carjacking‚ rape‚ assault with intent to do great bodily harm‚ drug dealing‚ and murder. This is only a partial list but the thing to remember about felonies is that you will have over one year in prison if convicted. Misdemeanors- are lesser offenses like assault‚ reckless driving‚ drug possession
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Many Continental European systems use the "civil law" method. Under that system‚ all the lawyers in the case are responsible to help in the "search for the truth." If one lawyer has information that would help the other side or comes to agree with the other side’s view‚ he or she has the right and/or duty to say so. Which system do you think is more effective and why? Also‚ do you see any constitutional problems with applying the civil law system to the U.S.? For this assignment‚ in addition
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Criminal Law Paper Your Name CJA/354 March 26‚ 2012 Beverly Spencer An interesting case that was currently brought before the Supreme Court was Missouri vs. Frye. I found this case interesting due to the injustice that was provided by Frye’s counsel‚ and that Frye insisted on committing the same crime over and over again even though he knew he had an open case concerning driving under a suspended license. There were many sources and jurisdictions related to criminal law that also
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“The Law of Intention‚ following the cases of Woolin (1999) 1 AC 82 and Matthews (2003) 2 Cr App R 30‚ is now satisfactorily defined in the criminal law”. Discuss. Mens Rea refers to the guilty mind required for criminal liability. Intention and recklessness are the two forms of Mens Rea that are part of most offences and have been the subject of judicial scrutiny. There is a vast volume of case law on intention and recklessness which demonstrates the problems that courts have had in perfecting
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Bryett‚ Keith; Craswell‚ Emma; Harrison‚ Arch & Shaw‚ John. (1993). An introduction to policing: Vol. 1: Criminal justice in Australia. Sydney: Butterworths. Ch. 2. "Formal and informal methods of social control"‚ pp. 8-14. Formal and Informal Methods of Social Control Informal Control: The Socialisation Process Ii’OllltllllA lIN)) INIi’OllltllIIA ltllrrHOnS Oli’ ’Society’ is a broad term which ’includes aggregate groups within a geographically delineated nation state’ (Najman 1988:
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