Defences in the Case of R v. Andrews Defences are a denial or justification for criminal behaviour, these are presented by the defence attorneys, in court, to reduce a charge or diminish a charge. In the case of R v. Andrews the accused pleaded guilty and the defence that was used was an alibi. The Defence of an Alibi An alibi is a defence that is raised by the defence counsel and the accused, that demonstrates that the accused was not present at the crime scene at time that the illegal…
the area of frustration with regards to contract law. Taylor v Caldwell is an extremely important case, as Murray states, "frustration developed to alleviate harshness of absolute obligation rule". Frustration comes about in circumstances where the courts will discharge the parties of obligations under the contract, therefore meaning that the parties are not liable for any further obligations under the contract. Case Facts The case centred on a musical hall which the claimant agreed to…
Barnes Bowie and Donald R. Songer (2009) examines the relevance of the strategic theory in explaining the decisions made by Court of Appeals judges. Strategic theory states that judges alter the way they vote in response to the potential reactions of other important actors. Some scholars argue that strategic theory does indeed provide reasoning for decisions made by judges on the Court of Appeals. Yet, other scholars challenge this claim and assert that there is no such evidence supporting the…
The law relating to domestic enquiry is very vast and varied. It is scattered over number of statues, orders, standing orders and decisions of courts. To understand and appreciate it we have to carefully go through the concepts of rights and obligations and duties, a worker has acquired certain rights and it is the manifestation of these rights, which had culminated into this branch of law. The concept of hire and fire has lost its recognition altogether in the last decades of development and…
A fundamental aspect of the American justice system is the right of every person accused of a crime, to a trial by jury. The defendant, presumed ‘innocent until proven guilty’, has the right to be judged by a group of his or her peers based on the evidence presented, the assumption being that the defendant will be judged in a fair and impartial manner. However, human beings are fallible and can be subject to faulty reasoning, alongside irrational and biased thinking. The play Twelve Angry Men,…
“Fight Club” (directed by David Fincher) is a 1999 American film based on the novel of the same name written by Chuck Palahniuk. It stars Edward Norton, Brad Pitt and Helena Bonham Carter, all of whom were praised on their performances in the film. Edward Norton plays the unnamed lead role but it referred to as the Narrator in the credits. He works at a dehumanizing office job as he explains that all you have to do is follow a formula which a computer could do. The sequence I looked at starts…
After the capture of Patsy Daley and flushed with renewed vigour, Sir Frederick was soon back in the Wheogo area in search of Ben Hall, whom Pottinger once more came into close contact with at Sandy Creek station. It would appear that Ben Hall was either camped near or was staying at his former home and was being supplied with victuals and other comforts by Susan Prior and Ellen MaGuire. Whether Ben Hall understood or even contemplated at this early stage when he was crossing the lawful line to…
On 2nd September, I visited the Court of Criminal Appeal, to observe the case proceedings of the final decision passed in the appeal of Campbell v R. The court was presided over by Bathurst CJ, Simpson J and Hidden J. The appellant, Mr. Desmond Campbell was convicted for the murder of Janet Campbell, his wife, on 24th March 2005, in a trial by jury. His appeal rested on the fact that there were multiple miscarriages of justice, first by the trial judge in providing up an alternative scenario…
Did I really want to be what I’m going to school for? I didn’t always want to be an accountant. I used to want to be a wedding planner until I figured out I have no creative mind when it comes to designing the perfect wedding. If I can change my mind then, I can change my mind now. According to what I value I believe becoming a lawyer would be a possible career choice for me. When picking a career, I would have to determine what I’m looking for in that career, for example values. I have a value…
Ancient Greece has an interesting process to decide who will be one of the jurors to take part in one certain trial. The jury was elected by nine consuls by tribal ballot, and the tenth tribunal was drawn by the clerk of the magistrate. The court had ten entries, one for each tribe, twenty for each tribe, two tribes for the tribunal, one for the jury, one for each of the ten, and another for the box, The jury 's vote is here, in addition to two large bowl. At each entrance stood the rods equal…