Essays

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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.

Describe how disputes can be resolved

There is a range of different methods of resolving disputes without going to court. These alternative methods are referred to as ‘ADR’ i.e. Alternative Dispute Resolution.

Describe how disputes can be resolved other than by using the courts.

There is a range of different methods of resolving disputes without going to court. These alternative methods are referred to as ‘ADR’ i.e. Alternative Dispute Resolution.

Describe how it is decided whether or not to grant bail to a person awaiting trial.

If bail is not awarded the freedom and liberty of the accused is taken from them. If bail is awarded the public need to be assured that there is no risk to them.

Describe original precedent and overruling using the Source and other cases to illustrate your answer.

Original Precedent arises if the point of law in a case has never been considered before.

Describe the availability of funding for civil disputes including conditional fee agreements.

To help decide who qualifies for legal aid there are three things to consider. They are the scope of the case, the merits of the case and the person's financial eligibility or means to pay.

Describe the court's use of Hansard, using the Source and other cases to illustrate your answer.

Hansard is a record of what is discussed in Parliament. It includes votes, written ministerial statements and written answers to parliamentary questions. Published on a daily basis, it covers debates from the previous day.

Describe the development and use of the Practice Statement using the Sources and other cases.

In the words of Lord Atkin who observed, many years before the Practice Statement, 'Finality is a good thing, but justice is better'.

Describe the different routes a person can take to become qualified as a barrister and the types of work they undertake when qualified.

The three stages that form part of the process of qualifying and training to become a barrister are academic, vocational and practical.

Describe the law-making process in Parliament.

Laws are made in Parliament and draft laws are called Bills. Bills pass through many stages of consultation and discussion before becoming a law, this is an important part of the democratic law-making process.