Assignment 1: Criminal law 1) Elaborate the various theories of punishment in Criminal Law (10m) There are four theories of punishments‚ namely‚ retribution theory‚ deterrent theory‚ and reformation theory. Firstly‚ a kid who falls down and kicks the floor inadvertently. Generally‚ it is believed to be a firm of taking revenge and would not serve only penal purpose. Deterrent theory by punishing the offenders deters the wrongdoer specially and deters the general public also by
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their medical care. For this freedom to be meaningful‚ people must have the right to make choices that accord with their own values regardless of how unwise or foolish those choices may appear to others.”[2] R v Blaue[3]‚ a famous causation case in criminal law‚ brings to foreground a thought-provoking debate about whether an individual’s religious beliefs and other psychological values could be included in the ‘thin skull’ rule and whether the refusal to take lifesaving medical treatment breaks the chain
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Seminar 7 Vicarious Liability The problem question deals mainly with the issue of Vicarious Liability and Negligence. In order to advise Jerry one would have to explore the rules of vicarious liability‚ relevant statute law and case law which may apply. Vicarious liability has been defined as the person who commits a wrong must be an employee and not an independent contractor‚ the employee must have committed a tort and the tort must have been in the course of employment. The doctrine of ‘vicarious
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Does peaceful resistance to laws positively or negatively impact a free society? Peaceful resistance to laws does not negatively impact a free society. If one wishes to peacefully protest then it should be allowed. However‚ the resistors should realize that there could be negative effects and consequences because of their actions. Especially‚ if laws are broken or the protest becomes violent. It is important in society today for teens and young adults to realize that negative
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The law generally requires that the accused possess a ‘blameworthy’ state of mind at the time the act comprising the offence was committed‚ and the basic presumption is that mens rea is required for every offence (‘actus non fit reus nisi mens sit rea’)‚ authority for which stems from Sherras v De Rutzen [1895] – “There is a presumption that mens rea … is an essential ingredient in every offence; but that presumption is liable to be displaced either by the words of the statute creating the offence
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MURDER !! DEFINITION The classic definition of murder is that of Sir Edward Coke (Institutes of the Laws of England‚ 1797): "Murder is when a man of sound memory‚ and of the age of discretion‚ unlawfully killeth within any country of the realm any reasonable creature in rerum natura under the King’s peace‚ with malice aforethought‚ either expressed by the party or implied by law‚ so as the party wounded‚ or hurt‚ etc. die of the wound or hurt‚ etc. within a year and a day after the same." For
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Case Study Vicarious Liability Introduction Under the English Common Law‚ Vicarious liability is a principle of the tort laws. The law imposes liability of employees and agents to their employers. Under this law‚ the liability of any tort committed by an employee that falls under the scope of his duties to the employer is transferred to the employer. This includes both the intentional and unintentional torts. The inclusion of the intentional torts came in to effect after the ruling in the case
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entrusted with its handling and care. Embezzlement is a serious crime that carries penalties in both the civil and criminal court. Employees who care for public funds are most likely to be given harsh punishment‚ keeping in mind the severity and repercussions of the crime. There are three major differences between civil court and criminal court in embezzlement. Firstly‚ in civil law‚ a case starts when a complaint is filed by a party‚ which may be an individual‚ an organization‚ a company or a corporation
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Principles of Liability – Coursework Assessment Two For a contractual agreement to withstand‚ it is crucial that the contract contains the four main components‚ which are; offer‚ acceptance‚ consideration and the intention to create legal relations. A contract is seen as a legally binding agreement between two parties‚ so It is very important for the court to establish a ‘consensus ad idem’; the meeting of minds in order to judge whether a contract exists. Britney’s first meeting with
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Does the Media Impact Societal Behavior? Jake Michajla Cascadia Community College English 102 Abstract Eating disorders‚ criminal offenses‚ and much more‚ all have some connection with the media. There are so many magazines‚ television shows‚ etc.‚ that portray an image of perfection. Several people in this world feel that they need to be just like the celebrities on the TV screen or in a magazine advertisement. This causes the people‚ who view it‚ to go on extreme diets and/or perform uncharacteristic
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