LEGAL ASSIGNMENT

Legal Assignment

Legal Assignment

Part 1

Q1-All sources of English law are important but some are clearly more important than others.' To what extent do you agree with this statement?

Ans. The English law primarily rests on common law cases. In addition it's the judge made laws or cases decided earlier that become the guiding principal for a case decision. Precedents are considered more important than the statutes or legislation provided the case in question has similar facts. If there is some difference between a current case and the closest possible precedent the legislation or act with its appropriate section will also have to be quoted. Normally, a jury consists of twelve people in criminal trials in the Crown Court although we will see a smaller jury may deliver a verdict. In civil trials, the jury is normally twelve strong in the High Court but only nine in the County Court. Members of the jury must take an oath on a Holy Book of their religion if they believe in God, or must say a form of words called an affirmation if they do not believe in God to try the case according to the evidence. The judge has power to discharge a jury for any reason under S16 of the Juries Act 1972.

Q2- Part 2

Morality means the rules generally accepted in a society. In use, the word often is taken to apply particularly to matters concerning sexual activity, for example, and other matters of personal lifestyle. If law is understood to mean the rules recognized, applied and enforced by the state, it is plain that law may and generally will overlap with morality but need not do so: morality may comprise rules that are not enforced by law, and law may comprise rules that are not recognized by morality. (Braithwaite 2001)

Background

Morality in England and Wales recognizes the importance of keeping promises but the law only enforces promises supported by consideration studied in the Law of Contract or contained in a formal sealed document a deed. Again, adultery is generally seen as immoral but it is not against the law. On the other hand, morality may justify what the law punishes: breaches of duties to keep official secrets or to keep secret what transpired during a jury's deliberations may possibly be seen by morality as praiseworthy. One of the most controversial areas for the exercise of this power is in relation to sexual morality. That will be the initial focus for the discussion of law and morality in this lesson. Thereafter you will study the philosophical debate that has taken place as to the extent to which the law is entitled to interfere with individual freedom. Under s.321 Criminal Justice Act 2003.

In a case in a County Court the jury in the four kinds of cases mentioned above) need not be agreed if seven of them have the same opinion on the verdict. The only people entitled to be excused as of right are: any person who had served on a ...