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How should case law be used to answer problem questions?

Case law should be applied to the questions presented in exams using the ILAC method. This stands for Issue, Law, Application, and Conclusion. In short, you identify a factual issue prese...

Answered by Daniel M. Law tutor
9219 Views

The offence of murder is out-dated and is urgently in need of reform. To what extent do you agree?

Murder is a common law offence which is defined as unlawfully causing the death of a human being under the Queens peace. The mens rea of murder is malice aforethought meaning that intention is crucial for...

Answered by Law tutor
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Is the law on non-fatal offences in need or urgent reform?

The offences against the persons act is a consolidating act which was written in 1861. It is described to be obscure, antiquated and problematic by academics, judges and lawyers. Prof Smith described it t...

Answered by Law tutor
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What is the necessary (a) actus reus and (b) mens rea to establish guilt of murder?

The answer we are looking for here is : (a) the unlawful killing of another human and (b) malice afterthought. Criminal law always requires two elements in order to find an individual (D) guilty of a crim...

Answered by Law tutor
5130 Views

Explain how judges can use powers of overruling and distinguishing to avoid following a binding precedent.

When making decisions judges must follow the law as set out by a higher court that has previously tried a similar case. There are two exceptions.
The first is overruling. This doctrine allows the cou...

Answered by Law tutor
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