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Articles by LawTeacher
Sample Undergraduate 2:1 Law Report
Article. Published: March 7, 2018
Categories: Samples
A sample 2:1 law report on English Law’s Approach to Liquidated Damages Clauses in Light of Cavendish Holdings Bv v Makdessi….
Trespass To Land Lecture
Article. Published: March 7, 2018
Trespass to land occurs where a person directly enters upon another’s land without permission, or remains upon the land, or places or projects. This tort is actionable per se without the need to prove damage….
Capacity Law Lecture Notes
Article. Published: March 7, 2018
The general rule of English law is that any person is competent to bind himself to any contract he chooses to make, provided that it is not illegal or void for reasons of public policy. At common law there are exceptions to this rule in the case of corporations, minors, married women, mentally incompetent and intoxicated persons….
Civil Appeals Lecture Notes
Article. Published: March 7, 2018
A civil appeal is usually taken to the House of Lords on a question of law, although the appeal can be on a question of fact, such as the quantum of damages….
Judicial Precedent Lecture 1
Article. Published: March 7, 2018
Judicial precedent means the process whereby judges follow previously decided cases where the facts are of sufficient similarity. The doctrine of judicial precedent involves an application of the principle of stare decisis ie, to stand by the decided….
Equity Lecture Notes
Article. Published: March 7, 2018
Before 1066 all laws were local and enforced in the manorial, shire and hundred courts. Under the Normans, Royal Courts began to emerge from the King’s Council (Curia Regis). These did not take over the jurisdiction of the local courts immediately, but over a long period of time the local courts lost jurisdiction over cases and thus lost income….
Power of Courts Lecture – Mentally Ill Offenders
Article. Published: March 7, 2018
The sentencing powers of courts over mentally ill offenders are contained in the Mental Health Act 1983. Hosptial Order: By s37, a person convicted of an imprisonable offence may be given a hospital order, which authorises his admission to and detention in a specified hospital….
Criminal Appeals Lecture Notes
Article. Published: March 7, 2018
If the defendant pleaded guilty, an appeal lies from the magistrates’ court to the Crown Court against sentence only. If the defendant pleaded not guilty, he can appeal to the Crown Court against either conviction or sentence or both (s108(1) Magistrates’ Courts Act 1980)….
Sentencing Lecture Notes
Article. Published: March 7, 2018
When deciding the type of sentence and amount, magistrates and judges (the court) will consider a number of factors. Note that the relevant law has now been consolidated in the Powers of Criminal Courts (Sentencing) Act 2000….
Principles of Sentencing Lecture
Article. Published: March 7, 2018
There are five general aims or functions or justifications of punishment: Deterrence, Rehabilitation, Protection of Public, Retribution, and Symbolic Denunciation…
Undue Influence in Equity Lecture Notes
Article. Published: March 7, 2018
“Equity gives relief on the ground of undue influence where an agreement has been obtained by certain kinds of improper pressure which were thought not to amount to duress at common law because no element of violence to the person was involved” (GH Treitel, The Law of Contract)….
European Court of Justice (ECJ) Lecture
Article. Published: March 7, 2018
The function of the European Court of Justice (ECJ), which sits in Luxembourg, is to ensure that in the interpretation and application of the Treaty of Rome the law is observed (Article 220 (ex 164), Treaty of Rome)….
Human Rights Interpretation and Application in UK Law
Article. Published: March 7, 2018
Prior to the enactment of the Human Rights Act 1998, the European Convention was directly relevant to statutory interpretation because it could not be a source of rights and, unless a statute was ambiguous, it could not be used for statutory interpretation….
The Civil Justice System Lecture Notes
Article. Published: March 7, 2018
Lord Woolf, Access to Justice (Final Report, July 1996), identified a number of principles which the civil justice system should meet in order to ensure access to justice. The system should:…
Trial On Indictment Lecture Notes
Article. Published: March 7, 2018
Up until recently, the magistrates’ court had to decide if there was a prima facie case against the defendant, ie, if there was enough evidence on a ‘first look’ to justify sending the defendant for trial at the Crown Court. The procedure was regulated by the Criminal Procedure and Investigations Act 1996:…
Liability for Statements Lecture Notes
Article. Published: March 7, 2018
The usual principles of Donoghue v Stevenson do not apply to negligent misstatement. In order for there to be a duty of care not to make negligent misstatement, there must be a “special relationship” between the parties….
Interference With Goods Lecture Notes
Article. Published: March 7, 2018
The action for trespass to goods, trespass de bonis asportatis, affords a remedy where there has been a direct interference with goods in the claimant’s possession at the time of the trespass, whether that be by taking the goods from him or damaging the goods without removing them….
Administrative Tribunals Lecture Notes
Article. Published: March 7, 2018
Administrative tribunals resolve disputes between, for example, the citizen and an officer of a government agency or between individuals in an area of law in which the government has legislated the conduct of their relations….
Law Reform Lecture Notes
Article. Published: March 7, 2018
The social reformer Jeremy Bentham (1748-1832), argued for constant radical legislation to achieve the greatest happiness of the greatest number. From thistime efforts were made to demystify law and to see it as a set of practica lrules….
Intention Law Lecture Notes
Article. Published: March 7, 2018
The parties must intend the agreement to be legally binding. But how can the court find out what is in the parties’ minds? The nearest the courts can get to discover this intention is to apply an objective test and judge the situation by what was said and done. The law divides agreements into two groups, social & domestic agreements and business agreements….
Trespass to the Person Lecture Notes
Article. Published: March 7, 2018
An assault is an act which intentionally causes another person to apprehend the infliction of immediate, unlawful, force on his person. It was said in R v Meade and Belt (1823) 1 Lew CC 184, that ‘no words or singing are equivalent to an assault’….
Limitation of Actions Lecture Notes
Article. Published: March 7, 2018
The effects of the limitation periods are procedural rather than substantive in that they bar a remedy and do not extinguish the claim itself. Sir John Donaldson MR stated: ‘it is trite law that the English Limitation Acts bar the remedy and not the right, and furthermore, that they do not even have this effect unless and until pleaded’….
Liability for Land and Premises Lecture
Article. Published: March 7, 2018
The common duty of care is a duty to take such care as in all the circumstances of the case is reasonable to see that the visitor will be reasonably safe in using the premises for the purposes for which he is invited or permitted to be there….
Death Lecture Notes
Article. Published: March 7, 2018
If death is caused by any wrongful act, neglect or default, and the tortfeasor would have been liable if death had not ensued, the tortfeasor shall be liable to an action for damages, even though the person injured has died (s1(1)). …
9 Main Features of Woolf Lecture
Article. Published: March 7, 2018
Main Features of Woolf. The Civil Procedure Rules aimed at simplifying procedure with a single set of rules covering the High Court and county court for example, by having one method of starting a case (a Claim Form)….
Breach of Statutory Duty Lecture
Article. Published: March 7, 2018
If a person suffers damage due to the breach of a statutory duty s/he may be able to bring an action for breach of statutory duty simpliciter. The careless performance of a statutory duty will not give rise to a cause of action unless there exists a right of action for breach of statutory duty simpliciter or a common law duty of care in negligence….
Powers of Courts Lecture – Adult Offenders
Article. Published: March 7, 2018
DEFERRED SENTENCE: The court may defer passing sentence on an offender for the purpose of enabling the court to have regard in dealing with him to (a) his conduct after conviction (including, where appropriate, the making by him of separation for his offence)…
Liability for Goods Lecture
Article. Published: March 7, 2018
The purchaser of goods, which turn out to be defective, will sue in contract for breach of the terms implied by the Sale of Goods Act 1979, or the Supply of Goods and Services Act 1982, which cannot be excluded against a consumer (Unfair Contract Terms Act 1977)….
Advising at the Police Station | LPC Help
Article. Published: March 7, 2018
Advising at the Police Station – The most important aspect to remember about police station attendance is to keep a thorough contemporaneous not of the process including all representations made by you, your client, the police or CPS….
Appeals | LPC Help
Article. Published: March 7, 2018
Appeals – Reopening the case 142 MCA 1980: on conviction the defendant can ask the magistrates to set the conviction aside….
The Burden of Proof | LPC Help
Article. Published: March 7, 2018
The Burden of Proof – The legal burden of proof is that the prosecution has the responsibility of proving the defendants guilt….
The Classification of Criminal Offences | LPC Help
Article. Published: March 7, 2018
The Classification of Criminal Offences – Criminal Offences can be classified as summary, either way or indictable only offences…
Confession Evidence | LPC Help
Article. Published: March 7, 2018
Confession Evidence – It is important that you request a copy of any police interview tape and written transcript….
Crown Court Proceedings Pre Trial | LPC Help
Article. Published: March 7, 2018
Crown Court Proceedings Pre Trial – S 51 of the Crime and Disorder Act states that indictable only offences must be sent to the Crown Court…
Crown Court Trial | LPC Help
Article. Published: March 7, 2018
Crown Court Trial – A not guilty plea in the plea and case management hearing would result in the judge setting a date for trial in the crown court….
The Decision to Prosecute | LPC Help
Article. Published: March 7, 2018
The Decision to Prosecute – Where there is sufficient evidence to charge the suspect this will be done at the police station…
Detention and Interrogation | LPC Help
Article. Published: March 7, 2018
Detention and Interrogation – The legal framework for treating suspects at police stations is dealt with in PACE 1984 and the Codes of Practice especially C….
Public Funding and the Early Stages | LPC Help
Article. Published: March 7, 2018
Public Funding and the Early Stages of the Criminal Justice Process – Every person charged with a criminal offence is entitled to legal representation….
Prosecuting an Either Way Offence | LPC Help
Article. Published: March 7, 2018
Prosecuting an Either Way Offence – Either way offences have been discussed above and include theft, burglary and assault occasioning actual bodily harm….
Hearsay Evidence | LPC Help
Article. Published: March 7, 2018
Hearsay Evidence – Hearsay evidence is an out of court statement which is repeated in court for the purpose of proving the truth…
The Law and Practice Relating to Court Bail | LPC Help
Article. Published: March 7, 2018
The Law and Practice Relating to Court Bail – When the magistrates or crown court adjourn a case, it must be decided whether the defendant should be released on bail or remanded in custody….
LPC Legal Drafting – How to draft a letter for your supervising solicitor
Article. Published: March 7, 2018
Law Teacher guide to legal letter drafting – how to draft an LPC letter…
LPC Legal Drafting – LPC Letter Drafting Practicalities
Article. Published: March 7, 2018
Law Teacher guide to legal letter drafting – LPC Letter Drafting Practicalities…
LPC Legal Drafting – Free LPC Letter Drafting Sample | Law Teacher
Article. Published: March 7, 2018
Law Teacher guide to legal letter drafting – how to draft a sample LPC letter…
Unlawfully and Unfairly Obtained Evidence | LPC Help
Article. Published: March 7, 2018
Unlawfully and Unfairly Obtained Evidence – The defendant has a right to a fair trial and therefore his trial team must consider issues surrounding the admissibility of unlawfully and unfairly obtained evidence….
Obtaining Identification Evidence | LPC Help
Article. Published: March 7, 2018
Obtaining Identification Evidence – Eye witness identification although beneficial is plagued with difficulties in relation to its reliability….
Pre Trial Disclosure or Evidence | LPC Help
Article. Published: March 7, 2018
Pre Trial Disclosure or Evidence – At various stages in a criminal case the prosecution must fulfil its duties for pre trial disclosure…
Private Privilege | LPC Help
Article. Published: March 7, 2018
Private Privilege – Privilege prevents evidence from being disclosed. In criminal litigation the two types of privilege that may be claimed are……
The Purpose of the Law of Criminal Evidence | LPC Help
Article. Published: March 7, 2018
The Purpose of the Law of Criminal Evidence – The law of criminal evidence provide a body of rules which prescribe the ways in which evidence is presented…
The Rules of Evidence and the Accused at Trial | LPC Help
Article. Published: March 7, 2018
The Rules of Evidence and the Accused at Trial – As a matter of law the defendant can at any time give evidence and he is therefore a competent witness….
