Across the UK, the law of evidence with regard to sexual offences has been criticised due to sustained low conviction rates. Research by the Scottish Law Commission has shown that sexual offences are harder to prove than most other criminal offences and conviction rates are only decreasing. However, aside from the question of weight of evidence, as a matter of law there must be sufficient […]
The Doctrine of Precedent also known as stare decisis is a concept that has an important role to play in the English Legal System, especially as it strengthens the hierarchy of the courts. It is also said that this principle of binding precedent has been held to prevent litigation. Consequently, the Doctrine of Precedent acts as a guidance and justification for a judge hearing a […]
Although the area of business law with which I am most familiar and have the most knowledge is contract law, secured transactions and bankruptcy, my first jury trial was a case involving a “slip and fall” at the old Rickshaw Hotel which was located across from the former Garden State Race Track on Route 70 in Cherry Hill, New Jersey [This really dates me because […]
In 1963 the law still denied divorce except to those who could provide evidence sufficient to convince a court of a partner’s adultery or other matrimonial offence. In that year, a determined attempt was made to change the law to allow divorce where a couple had lived apart for at least seven years. The attempt failed. But less than a decade later the Divorce […]
This essay will address the question by exploring cases dealing with occupiers liability, vicarious liability and psychiatric harm. I intend to focus on narrow aspects within these three areas of law allowing a deep critical analysis. Occupier’s liability, in my opinion, is an area of law that imposes too much liability in cases involving trespassers. I don’t doubt that there must be liability for the […]
According to Andrew Ashworth (Sentencing and Criminal Justice, 5th Edition, Cambridge University Press (2010), p.77), section 142 of The Criminal Justice Act 2003 appears to embody the worst of pick-and-mix sentencing, and one which invites inconsistency. In the light of this statement discuss, and comment, on the aims and purposes of sentencing. To what extent are they a reflection of sentencing currently practised by courts? […]
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