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Question 1 Judges are set by the Doctrine of Precedent to decide the outcome of cases. Stare Decisis states that like cases should be treated so. For two separate cases of assault with similar circumstances, the Judge should follow the Doctrine of Precedent giving both cases the same sentence by following the decision made by … Read more
Question #1 You have asked me to determine whether s. 5 of the Ontario Human Rights Code Prohibits discrimination on the basis of veganism. Veganism is not explicitly listed as a protected ground in s. 5 of the code but it is likely that a court would interpret it to be protected under the listed … Read more
Trust A & Anor v H England and Wales High Court (Family Division) (May 25 2006) Considering the findings of fact as highlighted in paragraph 11 of the judgement, there is no other alternative solution to H’s condition other than the surgery proposed by Trust A and Trust B. H’s mental health is likely to … Read more
The most common and significant use of the jury today is in the Crown Court where it is decided where the defendant is guilty or not guilty in criminal cases. Juries are only used in a small number of civil cases, where they will decide upon the facts of the case whether the claimant has … Read more
R (on the application of Privacy International) v. Investigatory Powers Tribunal and others [2019] UKSC 22 On appeal from: [2017] EWCA Civ 1868 Supreme Court Introduction In this case, R (on the application of Privacy International) v. Investigatory Powers Tribunal and others, the appellants are Privacy International and others, and the respondents are the Investigatory … Read more
(A) Issue: The issue is whether all various goods on the shelves at Jimat Supermarket is an offer or invitation to treat and determine Farah supposed to pay those various goods in the trolley that she already put back on the shelves or not when she discovered that she had left her purse at home. … Read more
JK, R(on the application of) v Secretary of State for Home Department and another [2015] EWHC 990 (Admin) 20 April 2015 Abstract: JK had been born a male. She was previously married to a woman and the couple has two children together, C1 and C2. She was diagnosed with gender dysphoria between the births of … Read more
This essay will decide whether or not I agree or disagree with the statement put forward by Marianne Giles on whether judge-made law ‘’is objectionable in point of principle as a means of law reform. ‘’ Judges fall within the Judiciary, and their role is to enforce and interpret law rather than create and oppose. … Read more
Marianne Giles’ article on ‘Judicial law-making in the criminal courts: the case of marital rape’ explores the disadvantages and advantages on Judicial law-making. Giles carefully illustrates the impact judge made law has on marital rape, where the case of R v R made it illegal for a man to have sex with his wife without … Read more
Extended Case Note Williams v Wreck Bay Aboriginal Community Council [2019] HCA 4 Background Mr Glen William, the appellant was a registered member with the Wreck Bay Aboriginal Community Council and obtained a lease from the Council in 1989. The appellant remains in occupation of the premises, which are in substantial disrepair. On 14 April … Read more
Citation Re BWV; Ex parte Gardner (2003) 7 VR 487 Jurisdiction Supreme Court of Victoria, Single Judge: Morris J Procedural History First instance – Victorian Civil and Administrative Tribunal Present Matter – Supreme Court of Victoria Facts BWV is a 68-year-Old women who for 3 years has suffered from a progressive and fatal form of … Read more
Question 1) (A) What Is Delegated Legislation? Delegated legislation is written in an Act of Parliament, but is not made in Parliament itself. The Act of Parliament (also known as the enabling Act) delegates limited law-making powers to an individual or organisation. Delegated legislation is regarded as having the authority of Parliament as it is … Read more
1. What were the material facts of the case? In the case of Weasley v. Dursley and Another, the material facts are as follows. The claimant was driving along a public road when he collided with a horse, which belonged to the defendants. It had escaped from the field in which it was kept after … Read more
By getting a chance to discuss with reference to the rules of statutory interpretation, I will indicate whether I agree or disagree with the statement and if there is a need of statutory interpretation. Laws in United Kingdom are suggested by us, and it gets passed to the House of Parliament where it turns out … Read more
Some would be confident in saying that the law is not made up by the judges but more so upheld by them. The judges do not make the law primarily. They interpret it. The law is made by the parliament. The judges are able to modify the law and apply them to different cases and … Read more
