Essays

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Briefly explain the law relating to murder

Murder is a common law offence and is the unlawful killing of a human being, under the Queen’s peace, with malice aforethought. It is considered by most people to be one of the most serious of offences. It carries a mandatory life sentence.

Briefly explain the meaning of, and reasons for, strict liability.

For strict liability offences it can be said that the prosecution does not have to prove the existence of mens rea for one or more of the elements of the actus reus of the offence.

Comment on what amounts to a Criminal Attempt

A criminal attempt is defined by Sec:1 (1) Criminal Attempts Act 1981 'If, with intent to commit an offence a person does an act which is more than merely preparatory to the commission of the offence, he is guilty of attempting to commit the offence.'

Delegated legislation is controlled by Parliament itself and by judges. Explain judicial controls on delegated legislation.

SIs are a form of legislation, often drafted by the legal office of the Government Department concerned, allowing the provisions of an Act of Parliament to be brought into force or altered without Parliament passing a new Act.

Describe and illustrate Orders in Council

Authority has been granted by the Emergency Powers Act 1920 and the Civil Contingencies Act 2004 for legislation to be introduced by an Order in Council.

Describe and illustrate the tort of assault

An assault is a tort as well as a crime. An assault may be defined as intentionally and directly causing the victim to fear an apparent and imminent battery.

Describe and illustrate the tort of battery

It may be defined as the intentional, direct and unlawful physical contact with a person. Battery is sometimes included in the term 'assault' or 'common assault' whereas no harm or contact is required for the tort of assault to be established.