any law students?
E Blackadder
20-09-2005, 17:41
i need help and would appreciate it if you could spare the time to help me with my dilema. I am currently stuck on my homework for law. :(
Er...what country? I'm afraid I'm quite ignorant of laws outside of the Philipines and America.
First, what year law student are you?
Second, what's the question?
E Blackadder
20-09-2005, 17:49
Er...what country? I'm afraid I'm quite ignorant of laws outside of the Philipines and America.
england :(
E Blackadder
20-09-2005, 17:50
First, what year law student are you?
Second, what's the question?
A level.
inless you know about the english legal system i dont know if you could help :confused: :(
Spurland
20-09-2005, 17:51
What would be the question, ill try and help.
Depending on the area of law, American and English jurisprudence aren't all that different...
E Blackadder
20-09-2005, 17:54
What would be the question, ill try and help.
well its not so much of a question than a kind of analysis. i get given a scenario and try to disect it. Its about a woman who is known to be a troublemaker and was recenlty let our of prison. an officer comes along and knows her reputation. he asks her to let him stop and search, she refuses and punches him in the face. i am trying to work out how to structure my analysis of the event.
Anarchic Christians
20-09-2005, 17:54
I'm at the same level, what do you need?
E Blackadder
20-09-2005, 17:55
Depending on the area of law, American and English jurisprudence aren't all that different...
powers to stop and search
Anarchic Christians
20-09-2005, 17:57
powers to stop and search
What d you need to know about them?
Hmm... I don't think probable cause would apply as that's a U.S. Constitution 4th amendment thing and I haven't looked at English case or statutory criminal law.
Err... Good luck with that, I am totally useless here. :D
E Blackadder
20-09-2005, 18:00
What d you need to know about them?
wether the policeman in my scenario was within the law to stop the lady
Spurland
20-09-2005, 18:01
Sorry, cant help you on this, not my area of expertise. Im better with banking/property law and the like.
E Blackadder
20-09-2005, 18:02
Hmm... I don't think probable cause would apply as that's a U.S. Constitution 4th amendment thing and I haven't looked at English case or statutory criminal law.
Err... Good luck with that, I am totally useless here. :D
thankue anyway
Well I may not know much, but you need help on analysis right?
OK so what cases have you read recently, or statutes have you studied?
What does the law say with regards to the power of police to search?
Unless this is a research assignment, you should have material already in front of you.
E Blackadder
20-09-2005, 18:02
Sorry, cant help you on this, not my area of expertise. Im better with banking/property law and the like.
ok thankue anyway
Anarchic Christians
20-09-2005, 18:04
What is the scenario?
E Blackadder
20-09-2005, 18:04
Well I may not know much, but you need help on analysis right?
OK so what cases have you read recently, or statutes have you studied?
What does the law say with regards to the power of police to search?
Unless this is a research assignment, you should have material already in front of you.
this is my first real essay/thing on law.
i have the english legal system with me.
on second thought you may not be able to help me :)( sorry for wasting your time
E Blackadder
20-09-2005, 18:06
What is the scenario?
on the other page...its ok though i ..i think il give up..i dont think you could help me. sorry for wasting your time.
Bah, nonsense! Now I'm just curious for my own sake and I want to know.
So, you're not sure what principles have been applied in previous cases?
Dougal McKilty
20-09-2005, 18:15
Only in two instances are the police granted the powers to stop and seach without reasonable suspicion. These are under section 60 of the criminal justice and public order act of 1994 and section 44 of the terrorism act 2000.
Neither of these apply here, because in order for them to come into effect, stop and search powers must be invoked by an authorizing officer - rank of Inspector or above - , based upon a belief that terrorism, mass violence or the wholesale carrying of illegal weapons is about to occur.
Therefore in this situation in order to stop and search the woman, the police officer would require a reasonable suspicion that the woman was either commiting an illegal offence/carrying contraband. Simply knowing the woman by reputation does not form a reasonable suspicion, it has to be based upon a set of specific facts, particular to that instance.
Thus, the stop was illegal.
That does not mean that the woman should have punched him. She was in no immediate danger, and therefore she commited battery (possibly even section 17 criminal assault).
Good work Dougal McKilty, you get a gold star. Or whatever you're supposed to get over in England.
Dougal McKilty
20-09-2005, 18:22
Good work Dougal McKilty, you get a gold star. Or whatever you're supposed to get over in England.
English law is easy, it is all statute.
Even civil law? Criminal law is also statutory in the U.S., but civil law, with the exception of the Unified Commercial Code and the Restatements, is still based on common law.
Dougal McKilty
20-09-2005, 18:32
Even civil law? Criminal law is also statutory in the U.S., but civil law, with the exception of the Unified Commercial Code and the Restatements, is still based on common law.
Well there is case law of course, there is just far less of it. English judges like the sound of their own voices less too, and are usually unwilling to rule on anything if they can possibly escape making a decision. So things are nice and static. Also, the government gets quite involved in the civil side, passing lots of legislation effecting everything from sale of goods, to criminal compensation acts. Then there is only one jurisdiction to deal with as well.
Also English courts have less freedom of action than US courts, not really having any judicial review.
Oh, and the losing side pays court costs for both parties, massively cutting down on the amount of litigation in the first place.