Category: Common Law

While usingthe literal rule, words from the statue are read in just the way they arepresented and in a ‘literal’ sense (hence the name) and therefore will not beread into any more than the face value will have you believed. So they will notbe misconstrued into any other meanings. One Exampleof The Literal Rule was the Fisher v Bell case (1960). Under the offensiveweapons act of 1959, it is an offense to offer certain offensive weapons forsale. Bristol shopkeeper, James Bell displayed a flick knife in his shopwindow. When brought to trial it was concluded that Bell could not be […]

The criminal law does not try to punish individuals for their vicious thoughts; it acts upon the rule of innocent until proven guilty. The crime should be able to prove that the suspect is responsible for the behavior or the presence of a situation banned by the law before responsibility emerges. Regardless, of whether liability rises will depend on the defendant’s state of mind at the time; generally, recklessness or intention is required1. This scenario raises issues of non-fatal and sexual offences. However, the main aspects in order to create a contract are offer and acceptance as shown in Carlill […]

The constitution of the Republic of Ireland isregarded as grand norm of the state which aids in governing and guiding the waysof the citizens of Ireland. It is also understood as the fundamental legaldocument that asserts the authority of the people of Ireland. The constitutionis the building block in which the justice of the state is administered andlegal rights are enforced in the courts by the government as previously stated.The constitution also upholds and protects the rights of the people in therepublic of Ireland. The Irish constitution contains over 50 articles with itscontents. 1 It created theinstitutions of the state […]

Mary Shelley’s ‘Frankenstein’ (1831) is a novel that explores the life of a young scientist and the effects of science, watching him create a living being in a scientific experiment. The theme of science is central to this novel as we watch the drastic consequences that follow misusing it. Shelley uses the misuse of science as blasphemous, acting against the word of God and trying to play him, also, it is used to warn the reader of the need for women and is used to question the standards of the time, through using the misuse of science to lead the […]

Theimpact of ‘Brexit’ will cause a significant change if Accountants UK relocatesto Berlin, as they will have to follow the Civil Law system. This can play at adisadvantage for the company, as they will have to follow a set of systematicrules. The UK follows the English Common Law system, which has many advantagesover the Civil Law system. In addition, the English Common Law has manyfeatures such as the Doctrine of Precedent and Statutory Interpretation, whichis fundamental for applying decisions on cases. However, there are somedrawbacks of the English Common law as being undemocratic because it isjudge-made law. 1 This results […]

 The doctrine of consideration is a feature of EnglishContract Law that is not found to be in civilian legal systems. It is not avery technical doctrine and it has been the subject of considerable criticism. 1Theorthodox view remains that intention to create legal relations, consideration andevidential formality are all essential ingredients of enforceability.2But many critics have questioned the true usage of it because of the way judgestreat different cases as well as the many conditions required for considerationto be valid. In it’s original form, the doctrine was founded upon the principleof reciprocity and the idea that a promise should not […]

This essay will explore the sovereignty of Parliament whilstcritically discussing the extent of Albert Venn Dicey’s traditional account ofit, and whether it remains accurate. It will also be closely referring to thecases R (on the application of Evans) v Attorney General1 andR (On the Application of Miller) v Secretary of the State for Exiting theEuropean Union2,as well as other appropriate cases, such as Burmah Oil v Lord Advocate3and others.Parliamentary Sovereignty refers to the idea that parliamenthas unlimited legislative competence. Sir Ivor Jennings (1959) once famouslysaid: “Parliament can legislate to ban smoking on the streets of Paris,Parliament can legally make a […]

.INTRODUCTION           I.i. Suspect A suspect is a person whom the prosecutor has reasonable grounds to believehe/she committed a crime within the jurisdiction of the tribunal.           I.ii. Accused An accused is a person who has been formally charged by the prosecutor witha crime within the jurisdiction of the tribunal. This means that the indictmenthas been confirmed by the pre-trial judge in accordance with the law.II. RIGHTSOF SUSPECT AND ACCUSED UNDER RWANDAN LAW             II.i. Right to know his /her charges Right to know his/ her charges. It is a common misapprehension that policeofficers are required to tell you why you’re being […]

Statutory InterpretationStatutory interpretation1takes note of the technique that a court focuses at a statute and sets up whatit implies. A statute, which is a bill or law go by the legislature, powersobligation and guidelines on the general population. Although they make thelaw, statutes might be available to illumination and have ambiguities. Thejudiciary may apply rules of statutory interpretation both to an enactment bythe legislature and to representative legislation such as administrative agencyregulations, in common law authorities. Statutory interpretation becamenotable in common law frameworks, with England being the perfect example. InRoman and Civil law, a statute or code coordinates the magistrate, […]

It is a common law offence and its types are defined bythe House of Lords in DPP V Newbury and Jones1(1977) AC 500: The act must be Intentional, Unlawful, dangerous andit must cause the death of the victim.In order to make a person liable for the offence, theprosecution must prove that the act is an intentional act and not an omission.In the case of R V Lowe (1973) QB 702 it was held that an omission can never besufficient for the conviction of unlawful act manslaughter.The defendant must commit a criminal offence, whichmeans that the act should be unlawful in […]