Legal system

Order Description

answer the question direct , for example answer 1-a , 1-b , 2-a .The reference should be used is OSCOLA quick reference .

RESEARCH TASK 1
This research task covers all the topics covered in the Legal Skills module as it relates to the English Legal System.
Question 1
(a) Which institutions are involved in the law making process?
(b) Describe the different approaches taken by Parliament and the Judiciary when creating law? Discuss whether you consider one to be important than the other?
(c) What do you consider to be the advantages and disadvantages of the following in a modern society;
(i) Law created by Parliament; and,
(ii) Law created by the Judiciary
As a guide use approximately five hundred (500) words for this question
Question 2
Describe the procedure of how a Parliamentary Bill becomes an Act of Parliament?
Use at least two English Legal System text books for the information for this question, and use your own words to express the writers’ work. Do not copy any words/phrases word for word.
As a guide use approximately five hundred (500) words for this question.
Question 3
Use the Europa website for this part of the question.
Find the piece of primary legislation from 1957 which founded the European Economic Community.
(a) What is the name given to this legislation?
(b) The aims of this piece of legislation are set out in the Preamble. In your own words, summarise these aims.
(c) Use either the paper Law Reports in the University Law library or search electronically for the case:
Costa v Ente Nazionale per l’Energia Elettrica (ENEL) (6/64) [1964] C.M.L.R. 425
Turn to the decision at the end of this case, at page 460. In your own words, describe what this case said at point 1 of the decision with regard to the supremacy of European law?
(d) Using a textbook on European Law in the Swansea University Law Library, list the features of Treaties, Regulations and Directives?
Give the name of the library locator reference of the book used?
As a guide use approximately five hundred (500) words for this question.

Question 4
Provide a definition of the term ‘Statutory Interpretation’, and discuss the benefits of the different approaches taken by judges to statutory interpretation?
Use at least two textbooks to answer this question.
As a guide use approximately five hundred (500) words for this question.
Question 5
Work in groups of two (2) or three (3) people for the following question. At the beginning of the question give the name(s) of the other students in your group. You are able to discuss and research the work with the other students in the group, but the final piece of work produced must be your own and produced without the help of anyone.
Read the case summary of R v Chief Constable of Kent Ex p. Kent Police Federation Joint Branch Board [2000] 2 Cr. App. R. 196.
Case Summary
R v Chief Constable of Kent Ex p. Kent Police Federation Joint Branch
This case was interpreting section 40(1) (b) of the statute called the Police and Criminal Evidence Act (1984).
It is concerned with the detention of a person who had been arrested by the police but not charged with an offence. The section provides that a review of whether a person could be detained by the police when they have not been charged with an offence should take place “in the presence” of the person detained. The police were asking if this meant that the person must be present in the room with the police or whether it could take place by video link.
The court decided that it was concerned only with the interpretation of the statute. It said that it should interpret the language so as to give effect to the intention as much as possible, but that the word “presence” in its ordinary use meant physical presence, and the word could not be interpreted to include communication through video link.
Use at least two textbooks to assist with your answers. Include at least two direct quotations and use your own words to explain the writers’ opinions and the opinions arrived at in your group.
(a) Which approach to statutory interpretation do you believe was taken by the judge in the case?
(b) Which approach do you think would be appropriate in this case for a modern society?
Make reference to the statute being interpreted in this case both in the text of your answer and in the footnote. Refer to the case both in the text and the footnote.
As a guide use approximately five hundred (500) words for this question.

IMPORTANT:
When answering the questions make sure that all references, whether in your text or in the footnotes are correct.
Provide a bibliography at the very end of your work, to include all work referenced in your answers.

Suggested Reading:
Elliot, C. and Quinn, F., English Legal System (7th edition, Longman, 2008)
Slapper, G. and Kelly, D., The English Legal System (13th Edition, Routledge, 2012)
Martin, J., The English Legal System
Rivlin, G., Understanding the Law
Wheeler, J., The English Legal System

Legal system
Order Description
oscola referencing.

Southampton Solent University
Coursework Assessment Brief
Assessment Details

Unit Title: Legal System and Method
Unit Code: LAW 654
Unit Leader: Phil Jones
Level: Four
Assessment Title: Criminal Process
Assessment Number: AE3
Assessment Type: Written Report
Restrictions on Time/Length : 1,500 words
Individual/Group: Individual
Assessment Weighting: 30%
Issue Date: 28th September 2015
Hand In Date: 13th January 2016
Planned Feedback Date: 10th February 2016
Mode of Submission: on-line
Number of copies to be submitted: One
Anonymous Marking
This assessment will be exempt from anonymous marking as it falls within an exempt category under the University’s Anonymous Marking Policy.

Assessment Task
Marcus, an 18 year old law student, is walking home at 1.00am after having spent the past few hours studying at the University library. He is approached by a police officer, PC Sharkey, who asks Marcus to open his bag and to also show what he has in his pockets. Marcus is fed up being questioned by the police on his way home and simply walks past PC Sharkey. The police officer grabs Marcus by the arm and pushes him against a wall and asks Marcus again what is in the bag? Marcus states that he has done nothing wrong, and that the police officer has no reason to stop him. Marcus is then pushed into a police car and is drive to the nearest police station.
EXPLAIN THE NATURE OF POLICE POWERS OF ARREST, AND OF THOSE RELATING TO STOP AND SEARCH. ASSESS WHETHER PC SHARKEY HAS ACTED LAWFULLY.
Assessment criteria
• Identifies relevant areas of law and the legal issues.
• Knowledge and application of the Police and Criminal Evidence Act 1984
• Make reference to relevant case-law and further legislation.
• Understanding of the nature of police powers.
• Coherent and concise explanation of the issues, linked to the research.
• Precision in writing
• Clear structure and written presentation, referenced appropriately.

Learning Outcomes

This assessment will enable students to demonstrate in full or in part the learning outcomes identified in the unit descriptors.
Apply knowledge of legal systems to constructively review the practical issues that arise in its operation.
Identify the differing elements of the criminal justice system, analysing the pressures and tensions in its operation.
Make a critical judgment on the structure and reasoning of a legal argument and its use of primary legal sources
Guidance for submission of work through Turnitin

Turnitin currently accepts the following file types: MS Word (.doc or .docx), WordPerfect (.wp01d), PostScript (.eps), Portable Document Format (.pdf), HTML (.htm), Rich Text (.rtf) and Plain Text (.txt). All files submitted to Turnitin must be text based. Files that are password protected, encrypted, hidden, system files, or read only files cannot be uploaded or submitted to Turnitin.

If you have created your document using Powerpoint or any other programme not listed above, you must convert it into an acceptable format before uploading it into Turnitin. Please refer to the ‘Help and Support’ pages on Turnitin if you are unsure how to do this.

Extenuating Circumstances
The University’s Extenuating Circumstances procedures are in place if there are genuine circumstances that may have affected students’ academic performance. Remember however students need to be ‘fit to study’, this means that students can either submit their assessed work or declare extenuating circumstances, but cannot do both.

A summary of guidance notes for students is given below:
https://blade2-5.solent.ac.uk/DocMan8/rns?RNSExact=AS/AH/1250002309
Academic Misconduct
Any submissions must be students’ own work and, where facts or ideas have been used from other sources, these sources must be appropriately referenced. The University’s Academic Handbook includes the definitions of all practices that will be deemed to constitute academic misconduct. Students should check this link before submitting their work.

Procedures relating to student academic misconduct are given below:
https://docman.solent.ac.uk/DocMan8/rns?RNS=AS/AH/1234570157
Ethics Policy
The work being carried out by students must be in compliance with the Ethics Policy. Where there is an ethical issue, as specified within the Ethics Policy, then students will need an ethics release or an ethical approval prior to the start of the project.

The Ethics Policy is contained within Section 2S of the Academic Handbook:
https://docman.solent.ac.uk/DocMan8/rns?RNS=1234569791
Anonymous Marking
A copy of the University’s Policy on Anonymous Marking, process details and student guidance on submission sheet completion can be found on the following links, which are also uploaded on the Student Portal. The guidance ‘fact sheet’ will be available at Faculty Reception Points.

Policy: https://docman.solent.ac.uk/DocMan8/rns?RNS=ASQS/AH/1234574213

Process: https://docman.solent.ac.uk/DocMan8/rns?RNS=AS/General/1250004357

Fact Sheet: https://docman.solent.ac.uk/DocMan8/rns?RNS=AS/General/1250004356
Grade marking
The University uses a letter grade scale for the marking of assessments. Unless students have been specifically informed otherwise their marked assignment will be awarded a letter grade. More detailed information on grade marking and the grade scale can be found on myCourse. The guidance ‘fact sheet’ is available at Faculty Reception Points.

Policy: https://docman.solent.ac.uk/DocMan8/rns?RNS=ASQS/AH/1234569864

Fact sheet: https://blade2-5.solent.ac.uk/DocMan8/rns?RNSExact=AS/AH/1234576014

Legal system
Order Description
oscola referencing.

Southampton Solent University
Coursework Assessment Brief
Assessment Details

Unit Title: Legal System and Method
Unit Code: LAW 654
Unit Leader: Phil Jones
Level: Four
Assessment Title: Criminal Process
Assessment Number: AE3
Assessment Type: Written Report
Restrictions on Time/Length : 1,500 words
Individual/Group: Individual
Assessment Weighting: 30%
Issue Date: 28th September 2015
Hand In Date: 13th January 2016
Planned Feedback Date: 10th February 2016
Mode of Submission: on-line
Number of copies to be submitted: One
Anonymous Marking
This assessment will be exempt from anonymous marking as it falls within an exempt category under the University’s Anonymous Marking Policy.

Assessment Task
Marcus, an 18 year old law student, is walking home at 1.00am after having spent the past few hours studying at the University library. He is approached by a police officer, PC Sharkey, who asks Marcus to open his bag and to also show what he has in his pockets. Marcus is fed up being questioned by the police on his way home and simply walks past PC Sharkey. The police officer grabs Marcus by the arm and pushes him against a wall and asks Marcus again what is in the bag? Marcus states that he has done nothing wrong, and that the police officer has no reason to stop him. Marcus is then pushed into a police car and is drive to the nearest police station.
EXPLAIN THE NATURE OF POLICE POWERS OF ARREST, AND OF THOSE RELATING TO STOP AND SEARCH. ASSESS WHETHER PC SHARKEY HAS ACTED LAWFULLY.
Assessment criteria
• Identifies relevant areas of law and the legal issues.
• Knowledge and application of the Police and Criminal Evidence Act 1984
• Make reference to relevant case-law and further legislation.
• Understanding of the nature of police powers.
• Coherent and concise explanation of the issues, linked to the research.
• Precision in writing
• Clear structure and written presentation, referenced appropriately.

Learning Outcomes

This assessment will enable students to demonstrate in full or in part the learning outcomes identified in the unit descriptors.
Apply knowledge of legal systems to constructively review the practical issues that arise in its operation.
Identify the differing elements of the criminal justice system, analysing the pressures and tensions in its operation.
Make a critical judgment on the structure and reasoning of a legal argument and its use of primary legal sources
Guidance for submission of work through Turnitin

Turnitin currently accepts the following file types: MS Word (.doc or .docx), WordPerfect (.wpd), PostScript (.eps), Portable Document Format (.pdf), HTML (.htm), Rich Text (.rtf) and Plain Text (.txt). All files submitted to Turnitin must be text based. Files that are password protected, encrypted, hidden, system files, or read only files cannot be uploaded or submitted to Turnitin.

If you have created your document using Powerpoint or any other programme not listed above, you must convert it into an acceptable format before uploading it into Turnitin. Please refer to the ‘Help and Support’ pages on Turnitin if you are unsure how to do this.

Extenuating Circumstances
The University’s Extenuating Circumstances procedures are in place if there are genuine circumstances that may have affected students’ academic performance. Remember however students need to be ‘fit to study’, this means that students can either submit their assessed work or declare extenuating circumstances, but cannot do both.

A summary of guidance notes for students is given below:
https://blade2-5.solent.ac.uk/DocMan8/rns?RNSExact=AS/AH/1250002309
Academic Misconduct
Any submissions must be students’ own work and, where facts or ideas have been used from other sources, these sources must be appropriately referenced. The University’s Academic Handbook includes the definitions of all practices that will be deemed to constitute academic misconduct. Students should check this link before submitting their work.

Procedures relating to student academic misconduct are given below:
https://docman.solent.ac.uk/DocMan8/rns?RNS=AS/AH/1234570157
Ethics Policy
The work being carried out by students must be in compliance with the Ethics Policy. Where there is an ethical issue, as specified within the Ethics Policy, then students will need an ethics release or an ethical approval prior to the start of the project.

The Ethics Policy is contained within Section 2S of the Academic Handbook:
https://docman.solent.ac.uk/DocMan8/rns?RNS=1234569791
Anonymous Marking
A copy of the University’s Policy on Anonymous Marking, process details and student guidance on submission sheet completion can be found on the following links, which are also uploaded on the Student Portal. The guidance ‘fact sheet’ will be available at Faculty Reception Points.

Policy: https://docman.solent.ac.uk/DocMan8/rns?RNS=ASQS/AH/1234574213

Process: https://docman.solent.ac.uk/DocMan8/rns?RNS=AS/General/1250004357

Fact Sheet: https://docman.solent.ac.uk/DocMan8/rns?RNS=AS/General/1250004356
Grade marking
The University uses a letter grade scale for the marking of assessments. Unless students have been specifically informed otherwise their marked assignment will be awarded a letter grade. More detailed information on grade marking and the grade scale can be found on myCourse. The guidance ‘fact sheet’ is available at Faculty Reception Points.

Policy: https://docman.solent.ac.uk/DocMan8/rns?RNS=ASQS/AH/1234569864

Fact sheet: https://blade2-5.solent.ac.uk/DocMan8/rns?RNSExact=AS/AH/1234576014