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Unlocking the English Legal System Name Institution Professor Course Date Question One Mrs. Smith claims that one day last year she saw Dan point a gun in the direction of his girlfriend and pull the trigger. The gun failed to fire because the mechanism was faulty but Dan had not been aware of that until after he had pulled the trigger. Dan is now being tried for the attempted murder of his girlfriend under the provisions of the Criminal Attempts Act 1981. He claims that he did not point the gun in his girlfriend’s directions alleged and that Mrs. Smith is mistaken or is lying. Secondly he claims that the act of pointing a gun in this way is not legally capable of falling within the relevant section of the 1981 Act. Who has decided whether Dan should be charged for his offence and by what procedure? [20 marks is no precedent system and every case is judged on its own without the provision of guidelines for future cases. Another problem is that a decision that has not been made by a court of law may prove difficult to enforce because it is not legally enforceable. This makes many people see ADR as ineffective and minimizes its use by the people. References Cps.gov.uk 'The Decision To Charge | The Crown Prosecution Service' (Cps.gov.uk 2018) <www.cps.gov.uk accessed 28 May 2018 Elliott Catherine and Frances Q. English Legal System. 2015. <www.vlebooks.com Huxley-Binns RJ Martin  Unlocking The English Legal System Inbrief.co.uk 'When Are Juries Used In Criminal And Civil Cases? - Inbrief.Co.Uk' (InBrief.co.uk 2018) <www.inbrief.co.uk accessed 28 May 2018 Legislation.gov.uk 'Criminal Attempts Act 1981' (Legislation.gov.uk 2018) <www.legislation.gov.uk accessed 28 May 2018 Legislation.gov.uk 'Prosecution of Offences Act 1985 (C. 23)' (Legislation.gov.uk 2018) <www.legislation.gov.uk accessed 28 May 2018 Nicola Monaghan  Criminal Law (Pearson Education Limited 2012). [...]

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Question One: Consider the following story and the questions based on it. Mrs Smith claims that one day last year, she saw Dan point a gun in the direction of his girlfriend and pull the trigger. The gun failed to fire because the mechanism was faulty, but Dan had not been aware of that until after he had pulled the trigger. Dan is now being tried for the attempted murder of his girlfriend, under the provisions of the Criminal Attempts Act 1981. He claims that he did not point the gun in his girlfriend’s directions alleged and that Mrs Smith is mistaken or is lying. Secondly, he claims that the act of pointing a gun in this way is not legally capable of falling within the relevant section of the 1981 Act. (a) Who has decided whether Dan should be charged for his offence and by what procedure? [20 marks, approx. 300 - 400 words] (b) In which court would this case be tried and by whom? [10 marks, approx. 150 - 200 words] (c) Once the case has gone to court, who will decide whether Dan or Mrs Smith is lying about what happened? [10 marks, approx. 150 - 200 words] (d) Once the case has gone to court, who will decide whether Dan’s alleged actions are capable as a matter of law of being within the ambit of the Criminal Attempts Act 1981? [20 marks, approx. 300 - 400 words] Note: You must support your answer with reference to primary materials i.e. primary authority. Question Two: Alisha has separated from her husband. They agreed that they should seek for divorce but cannot agree on her husband’s contact time with the children, or on the division between them of some of the furniture in their home. Alisha has also just been dismissed from her job because she took a day off to care for her 3 year old son when he was ill. She believes that her employers have unfairly dismissed her. In the light of the above facts advise Alisha on: (a) The best method(s) of dispute resolution for the problems she faces. [20 marks, approx. 300 - 400 words] (b) The advantages and disadvantages of resolving the dispute in this way. [20 marks, approx. 300 - 400 words] Your answers should: Be clear, precise and accurate Not be repetitive Contain only relevant information Demonstrate a comprehensive understanding of legislations and case law (where relevant). Try to use wider resources Use OSCOLA referencing Include a bibliography at the end

Subject Area: Law

Document Type: Reports

This project has already been completed by one of the Studybay experts. The client rated this project:

Project's rating is 5/5

Price $40

Words 1100

Pages 4

Completed in 3 days

Expert Gabriel Michael Ndambuki

Client Review

Awesome writer.

Positive
05.30.2018

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