International Law Case Study
A & B are two homosexuals who have lived together for a number of
years. Also living with them is C, who, while aged 30 is mentally
abnormal and has a mental age of 10. A and B have cared for C for 2
years since C’s remaining parent, an old friend of theirs, died. C
cannot look after himself very well and occasionally goes through
periods of deep depression. One day, A thinking that C might learn how
to bake a cake, shows C how to mix ingredients and use the gas oven.
He then goes to the shops to buy some decorations “to surprise B”.
When A gets back he finds C lying unconscious on the kitchen floor.
There is a strong smell of gas. A rushes out to a telephone box to
ring B. Meanwhile B arrives home and from smelling the gas and seeing
the state of C, thinks that C had committed suicide. Fearing for his
legal safety he hides C in a cupboard where C suffocates to death.
Advice A and B.
SUGGESTED SOLUTION
A & B are advised that the state acting under prerogative via the
Crown Prosecution Service will seek to juxtapose their actions with
the existing scope of the law. Congruence will lead to a conviction of
the charge. The charge here is submitted to be in the realm of
homicide since there is a fatality upon C. Thus it is the Crown’s
burden to prove the unlawful killing with the intention to kill or
cause grievous bodily harm beyond a reasonable doubt. DPP v
Woolmington. The crown would need here to satisfy both the legal and
evidential burden since A and B until then can enjoy the presumption
of innocence.
Upon a perusal of the facts, A and B cannot be jointly charged since
their elements ...
... middle of paper ...
... stick since its
improbable B would forsee virtually certainly that C would die.
In the alternative a verdict of involuntary manslaughter will be
sought. Here constructive manslaughter is most congruent to the
facts. First there is an unlawful positive act in the act of placing
C in the cupboard R v Larkin. It is unlawful being a crime under
battery, R v Armstrong. This act is unlawfully dangerous since it
risks asphuxia, R v Church. The objective standard this is satisfied.
This act was the curse of the fatality as on the facts he suffocated.
Following DPP v Newsbury it is submitted that B did intend the
unlawful act of placing him in the cupboard. Thus constructive
manslaughter is satisfied. It is submitted that there will be a
verdict of manslaughter on a charge of homicide rendering a maximum
life sentence.
The Biological level: This writer looked at Joey’s physical health and functioning. This writer examine Joey’s nutrition and general health habits, assessing overall physical development, a referral in place to see doctor for a physical exam. The behaviors could be from poor nutrition, maybe contributing to some of Joey’s symptoms such as aggression and poor concentration and emotional instability. Joey’s behaviors are manifesting due to Joey’s grandparents unable to care for Joey due to economic issues spanning form loss of employment due to health issues from Joey’s grandfather has increased the times Joey goes without to eating. The Psychological level: This writer assessed Joey’s emotional and cognitive development. This writer referred Joey to a psychologist testing to determine whether he has any learning disabilities or related problems that might account for his low academic performance and emotional instability that has led to the removal from grandparents care. The Social level: This writer has indicated and determined that Joey’s overall social interaction with grandparents have deteriorated due to the grandfather’s health
Nearly every aspect of law enforcement has a court decision that governs criteria. Most court rulings are the result of civil lawsuit towards a police officer and agency. However, currently, there is no law that mandates law enforcement driver training. When it comes to firearms, negligence by officers has resulted in a multitude of court rulings. Popow v. City of Margate, 1979, is a particularly interesting case that outlines failed firearms training by an agency. In this case, an officer chasing a suspect during a foot pursuit fired at the suspect, striking and killing an innocent bystander (Justia.com, 2017). The court ruled that the agency was “grossly negligent” of “failure to train” (Justia.com, 2017). As a result, nearly every agency requires annual firearms training and has written policy concerning the same. Officers must show proficiency in firearms use every year to maintain their certification. Many states even impose fines on officers for
(TRANSITION: Just like every other cooking endeavor, you start by gathering the required ingredients and tools.
She had always loved food and enjoyed learning how to make it. In fact, when she was little, she would watch her mom bake these delicious pastries and want to do the same. Fast forward to the end of senior year, she arrived at The Culinary Institute of
According to Article 38 of the 1946 Statute of the International Court of Justice, the Court shall apply “international custom, as evidence of a general practice accepted as law” in its decisions (Kritsiotis 123). In other words, the International Court of Justice cites customs as a formal source of law. According to Roberto Unger, author of Law in a Modern Society, customary international law is best defined as “any recurring mode of interaction among individuals and groups, together with the more or less explicit acknowledgement of these groups and individuals that such patterns of interaction produce reciprocal expectations of conduct that out to be satisfied (Shaw 72-73). In other words, customary international laws are primarily concerned with how and why sates behave in a particular manner. Customs derive from the behavior of states (state practice) and the subconscious belief that a behavior is inherently legal (opinio juris). Evidence of state behavior is documented in the decisions of domestic courts, international courts, and international organizations. Unlike treaty law, customary laws are binding on all states. Additionally, if a treaty derives from a custom it is also binding on all states. Some of the international court cases that have been instrumental in the development of customary international law include the Nicaragua v. United States case, the Anglo-Norwegian Fisheries case, the Scotia case, the Asylum case, the Paquete Habana case, and the Lotus case.
The offence Harry would be charged with is William’s murder. The area of Law that this case is concerned with is criminal law (homicide). The two offences that constitute homicide are murder and manslaughter. The classic definition of murder was set by Sir Edward Coke (Institutes of the Laws of England, 1797). Murder is defined by the Law as causing the death of a human being within the Queen’s peace with the intention to kill or cause grievous bodily harm. It comprises of 2 elements. These are the actus reus (guilty act) and the mens rea (intention).
In 1780, the term “international law” was created and first used by Jeremy Bentham in his Introduction to the Principles of Morals and Legislation. Since about 1840, in the English and Romance Languages it has replaced the older terminology of ‘law of nations’ or ‘droit de gens’ which can be traced back to the Roman concept of ius gentium and the writings of Cicero. Since its inception, there have been different definitions offered to define the term “international law”. For example, Bentham himself defined international law as the law which relates to the mutual transactions between sovereigns as such. Tim Hiller says, it is the “body of rules which are legally binding on states in their intercourse with each other”. In the view of Sir Cecil Hurst, “international law is the aggregate of rules which determines the rights which one state is entitled to claim on behalf of itself or its nationals against another state”.
International Trade Law Case Study Introduction International trade transaction is essential for the sale of goods with the addition of an international element. In practice, the seller and buyer are in different countries where the goods must travel from the seller’s country to the buyer’s country by various means of transports. In international sale of goods, they usually transit the goods by sea because of the international transactions. Therefore, contracts for the carriage of those goods must be procured between the seller or buyer and common carrier depending on different types of sale of contracts. Moreover, in most of incidences, the agreed goods are usually insured at a reasonable amount in case of being loss or damaged during the transit.
In any kind of legal relations, subject always play an important role, and it is one of the signals to determine the relation that pertaining the adjustment of any legislation system. International law is a legislation system that is a set of thousands of documents from various sources. The research about the subjects is necessary since it helps to find out the source of law, which relation pertains the adjustment of law. The subjects of international law include sovereign states and analogous entities, intergovernmental organizations, the individuals, and multinational corporations.
Although I have grown up to be entirely inept at the art of cooking, as to make even the most wretched chef ridicule my sad baking attempts, my childhood would have indicated otherwise; I was always on the countertop next to my mother’s cooking bowl, adding and mixing ingredients that would doubtlessly create a delicious food. When I was younger, cooking came intrinsically with the holiday season, which made that time of year the prime occasion for me to unite with ounces and ounces of satin dark chocolate, various other messy and gooey ingredients, numerous cooking utensils, and the assistance of my mother to cook what would soon be an edible masterpiece. The most memorable of the holiday works of art were our Chocolate Crinkle Cookies, which my mother and I first made when I was about six and are now made annually.
The rule of law, simply put, is a principle that no one is above the law. This means that there should be no leniency for a person because of peerage, sex, religion or financial standing. England and Wales do not have a written constitution therefore the Rule of Law, which along with the parliamentary Sovereignty was regarded by legal analyst A.C Dicey, as the pillars of the UK Constitution. The Rule of Law was said to be adopted as the “unwritten constitution of Great Britain”.
International Law (IL) is “a body of principles, customs, standards, and rules recognized as effectively binding obligations by sovereign states in their mutual relations.” International Law presents the rights and obligations for all its actors, like the states, intergovernmental international organizations (IGOs), and non-state actors, such as non-governmental organizations (NGOs), Multinational corporations (MNCs), and even individuals. IL covers a wide range of issues that are considered significant on the international scale, depending on the actor or actors it concerns. In International Law there is no centralized coercive power that facilitates cooperation and compliance among the actors. Even with this reality, most nations respect and comply with International Law. This leads us to question: with numerous high-stake issues and with no reliable source to enforce IL amongst the many actors, how does International Law induce compliance? There are many
International Law is the universal system of rules and principles concerning the relations between sovereign states, and relations between States and international organisations such as the United Nations. The modern system of international law developed in Europe from the 17th century onwards and is now accepted by all countries around the world. International law is concerned with the rights and duties of States in their relations with each other and with international organisations where as Domestic law, is within a State and is concerned with the rights and duties of legal persons within the State. This essay will evaluate how international impacts on Australian Domestic Law.
Public International law International law contains of rules and principles, which preside over the relations and communication of nations with each other. International Law that is in most other countries referred to as Public International Law concerns itself only with questions of rights among more than a few nations or nations and the citizens or subjects of other nations. In dissimilarity, Private International Law deals with controversies among confidential persons, natural or juridical, arising out of situations having important association to further than one nation. In current years the line up connecting public and private international law have became more and more doubtful. Issues of private international law may also associate issues of public international law and numerous matters of private international law nave considerable meaning for the international group of people of nations. International Law consists of the basic, classic concepts of law in nationwide legal systems, status, property, responsibility, and tort. It also includes substantive law, procedure, process and remedies. International Law is rooted in receipt by the nation states, which comprise the system. Customary law and conventional law are primary sources of international law. Customary international law results when states trail convinced practices usually and time after time out of an intelligence of legal responsibility. Lately the customary law was codified in the Vienna Convention on the Law of Treaties. Conventional international law derives from international agreements and may obtain any appearance that the constricting parties have the same opinion upon. Agreements may be complete in admiration to any substance except for to the leve...
When comparing apples to pears, one is not making a fair comparison, but a disproportionate comparison. Often times when international law is discussed or attempts are made to understand international law; many often attempt to compare international law with existing laws such as national law or domestic law. Making such disproportionate comparisons leads to many misconceived notions and attitudes toward international law. For an adequate comparison of international law to other laws, one should look closely at the available facts. This essay will demonstrate the vitality of international law, in a world of nations which continue to increase in interdependence.