Tag: Criminal law

Criminal Law: Murder

Analyse any changes made to the area of law over recent years and evaluate the advantages and disadvantages of the area of law.
Oscola reference
Use British law
use case study
Use at least 5 sources.

Criminal Law

Identification of parties, recognition of cause of action, definition – 10 marks

Why JR is appropriate in this case? 10 marks

Does Health Action and Henry have the right to claim, and if so, why? 15 marks

Are there any policy reasons to refuse JR in this case? 10 marks

An explanation of basic JR procedure – 10 marks

Grounds for JR in this case – 30 marks

JR remedies – what are they? Which one is appropriate here? – 10 marks

What are the chances of success of this claim? 5 marks

Identify the parties to any legal action that may arise from the problem scenario (the claimant/s and the defendant) – 4 marks

Identify and define the cause of action in this case (in other words, define Judicial Review, in your own words) – 3 marks
Does the final sentence in the first paragraph of the problem scenario affect your advice on the most appropriate legal path? If not then why? – 3 marks

(Worth 10 marks)

In order to make a Judicial Review claim, two initial conditions must be satisfied – the defendant must be a public body, and the issue must be a public law matter.

Define what is meant by the term ‘public body’. – 2 marks
Is the defendant a public body, and if so, why? – 4 marksc) Is the issue in this claim a public law matter, and if so, why? – 4 marks

(Worth 15 marks)

Define who has the right to claim for JR and the legal basis that must be established when making a claim under JR. – 4 marks

Does Henry have the right to make a JR claim, and if so, why? – 4 marks

Does Health Action have the right to participate in the claim, and if so, why? – 4 marks

Discuss the relevance of the Greenpeace (R v Inspectorate of Pollution, ex parte Greenpeace Ltd (No. 2) [1994]) case to the right to claim in this instance – 3 marks

(Worth 10 marks)
Summarise, in your own words, the basic procedure involved in making a JR claim (see Week 22). – 10 marks

(Worth 30 marks)
In Weeks 23 and 24, we discussed the grounds for Judicial Review. Identify and briefly explain these three grounds, in your own words. – 15 marks in total, 5 marks per ground.
Of these three grounds, identify one which you believe is relevant to Henry’s case. Explain why this particular ground you have chosen is relevant, and use case law to justify your choice. Is the ground you have chosen a strong ground? – 15 marks

(Worth 10 marks)
Identify and define the 6 remedies that are available under Judicial Review, in your own words. – 6 marks

Of these 6 remedies, which one would you advise is the most relevant in this case? – 4 marks

(Worth 5 marks)

What is the chance of success of this claim (high, low, 50/50)? Justify/explain the rationale for this opinion. – 5 marks

Criminal Law

Paper 2 August Resit Examination 2020-21

1. Adi and Zak, who were animal rights activists, agreed to remove fur coats from a warehouse.

Advise the parties on their criminal liability, if any.