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ADR can be seen as a more effective method of resolving legal issues as the issue can be settled outside of court. Some main examples of ADR are: Mediation, Arbitration, Conciliation, Tribunals and Negoti...
Judicial precedent allows for certainty in the law, this means that the law can be predictable and transparent when being applied to situations. Judicial precedent can be flexible...
We establish factual causation using the 'but for' test. We have to be able to say that 'but for' the Defendant's actions, the victim would not have been injured. For example, in the case of Pagett, 'but ...
All non-fatal offences require causation to be proved. There are 2 tests that the defendant has to pass to prove that they can be blamed for the actus reus of the crime. Factual Causation: the P has to pr...
Firstly, we are dealing here with offences against the person. Assault actually splits into 2 categories - a common assault and a battery. These both come under common law. This is important, because it m...
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