the adversary system‚ whether or not it remains in theory‚ in practise breaks down..” - Lord Devlin. There is an argued analogy with the United States Constitution‚ however as it is based on their Constitution it has no parallel in Australian law. Could create difficulties - eg. Accused could demand counsel of a particular degree‚ skill or experience. Lack of representation may mean that an accused is unable to receive‚ or not receive a far trial. Brennan J. Whilst dissenting
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Civil Law Aims‚ Parties‚ Why we require civil law and areas of civil law. A civil case is a lawsuit between one person (or organisation) against another. To right a perceived wrong in a legal sense. It can include cases of defamation‚ neighbour disputes‚ negligence leading to personal injury or the recovery of debts. Judgements in a civil case could include payment of damages (and court costs) or an enforceable court order. The purpose of civil law is to uphold the rights of individuals and
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Subject Business Law Subject Number BBC131 Trainer Mr Tony Antoniou Due Date 7th Oct 2012 Chapter 1 LEGAL FOUNDATIONS Tutorial Questions 1 Why did common law become so rigid and flexible? The social behaviour of surroundings where society
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Civil law study guide Chapter 1 1. Why does the study of law involve more than simply memorizing rules? simply memorizing the holding or "rule" of a case‚ you must be able to identify the particular factors that led the court to decide the case the way it did‚ and then determine whether those same factors are present in the case you’re now considering. 2. What is legal reasoning? The applying of the legal rules to a client’s specific factual situation 3. What is the doctrine of stare decisis
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Management and Dealing with Stress in Officers It is important that law enforcement officers are able to handle stress and build his or her zone of stability. Officers have a ready-made support system in each other. They better understand the special problems and feelings that come with the job that friends and family members don’t. That doesn’t necessarily mean that this relationship with their fellow officers will cure all. Sometimes‚ because of the "macho" image that police officers uphold
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judiciary to apply statutory interpretation‚ to interpret words of a given Act‚ to give them an exact meaning and to give them legal effect. Statutory interpretation is an integral part of the court ruling process‚ as the role of a judge is to apply the law‚ not make it. When trying to establish Parliament’s intention within an Act‚ there are various aids available to help. Firstly‚ there are three approaches to interpretation. The first of these is the literal rule‚ where‚ according to Martin (2007)1
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situation. The system of law is divided in two parts including Public Law and Private Law or Civil Law. In there‚ Public Law continuously includes three other areas which are Constitutional‚ Administrative and Criminal Law. According to Griffiths (2011 p.3)‚ in Law for-Non Lawyer‚ and Criminal Law is defined as “Certain kind of wrongdoing pose such a serious threat to the good order of society that they are considered crimes against the whole community. The criminal law makes such anti-social behavior
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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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England formed their first law enforcement or criminal justice system sometime in the late ninth century. The law enforcement system that was established put the responsibility of keeping order on the citizens. This law enforcement or criminal justice system was known as a mutual pledge system. England’s king‚ Alfred the Great‚ was credited with forming the mutual pledge system. King Alfred formed this system to prepare his kingdom from an invasion by the Danish. The mutual pledge system is a system
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The fairness of the law It is very important for a legal system to ensure that there is fairness across the board for those involved in the legal system‚ whether defendants‚ plaintiffs‚ or others. There are two ways in which the legal system ensures fairness. On one hand‚ there are the general presumptions and procedures to ensure a fair trial or court hearing. On the other‚ there is the system of law which is intended to ensure fairness in society; this is known as the Law of Equity. Justice
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