Unlawful Reforms in the United Kingdom Essay

Unlawful Reforms in the United Kingdom Essay

Length: 1823 words (5.2 double-spaced pages)

Rating: Powerful Essays

Open Document

Essay Preview

Introduction

The purpose of this report is to examine the influences which affect unlawful reform in the United Kingdom (UK). ‘Unlawful Conduct is any conduct that is contrary to, or forbidden by law’ (Arthur, 2011).

Conduct may be considered unlawful in a number of ways. Unlawful conduct can range from dropping litter to actual bodily harm.

There are 2 categories which form unlawful conduct, and these are criminal and civil wrongs:

In civil law, a private person, otherwise known as the claimant, commences litigation. Usual remedies, upon conviction of a person’s litigation usually involves financial recompense, otherwise known by the defendant as ‘damages’. In order for litigation to be proved successful, depends on the claimant’s ability to provide a burden of proof. Moreover, the standard of proof is based upon a balance of probabilities, thus meaning the evidence must be greater than 50%, this is also known as the preponderance of evidence.

In criminal law, there is a wide scope of sanctions available to the state, ranging from community service to incarceration. The Crown Prosecution System (CPS), must provide a burden of proof on behalf of the state to prove the defendant guilty. In criminal proceedings the standard of proof, must be ‘Beyond Reasonable doubt’; there must be no doubt to whether a person is guilt or not.

To determine the fault in criminal law depends of establishing two elements. The Actus Reus, meaning ‘guilty act’; must be shown to prove the physical components of a crime. The second element, is the Mens Rea, meaning guilty mind proves the state of mind of the defendant. In order for criminal liability to be proved, both elements must be established.

In criminal wrongs, the house of lords has...


... middle of paper ...


...intend to directly cause harm to an individual, they may do so, if it is proven that the conduct of the crime was to inflict a harm. Moreover, there may be an Actus Reus of a legal wrong, more specifically the example of throwing a brick; it is not illegal to throw a brick, but should that brick hit someone and inflict harm, it may become a criminal act.



Word Count: 2039


























Bibliography

The Open University (2011). Block 2 ‘legal personality’, Milton Keynes, The Open University.

The Open University (2011) ‘Reader 1’, Milton Keynes, The Open University.

Web Content: Tony Nickleson Case, ‘A right to die?’ http://www.bbc.co.uk/news/uk-england-wiltshire-19341571 Last Accessed: 3 December 2013.

Web Content: Defamation Case ‘ Keith Smith v Williams [2006]’ http://www.casecheck.co.uk/CaseLaw.aspx?EntryID=12855 Last Accessed: 3 December 2013.



Need Writing Help?

Get feedback on grammar, clarity, concision and logic instantly.

Check your paper »

The United Kingdom Essay examples

- In the summer, citizens of the United Kingdom are going to vote on a referendum, that, if passed, would see the country exit the European Union. This has heated up tensions not only with right wing and left wing citizens in the UK itself, but also between the UK and the nations of the EU. The outcome of this vote could see a huge shift in international relations between dozens of countries, and could pave the way for other countries to leave the EU, or for regions seeking independence from their country....   [tags: United Kingdom, European Union]

Powerful Essays
1061 words (3 pages)

Essay on The United Kingdom

- In general, this means as there are no formally written constitutions in the United Kingdom, the Parliament is the supreme legal authority in the UK, which can create or end any law it wishes and the courts cannot overrule legislation or government actions as it conflicts with an existing framework. Although there are no trappings of the written constitution in the UK that affect the legislation, in practice, there are other factors in the system that limits the Parliament’s sovereignty. The European Communities Act (ECA) 1972 enabled the United Kingdom to become a member of the European Community, but as a result the English law should be interpreted and have effect subject to the EC law is...   [tags: European Union, United Kingdom, Law]

Powerful Essays
701 words (2 pages)

Essay on The Constitution Of The United Kingdom

- The introduction of a written constitution into the United Kingdom would prove problematic for many reasons, firstly the executive wouldn’t have a potent reason to initiate. Legislature wouldn’t entrench due to the conflictions between a written constitution and parliamentary sovereignty and finally courts would not protect as they would be opposed due to there unelected status. However, there are some compelling reasons to consider a written constitution and it is possible that its benefits such as the ability to protect basic freedoms and its unambiguous nature could influence a wider interest, therefore pushing executives to initiate....   [tags: Separation of powers, Law, United Kingdom]

Powerful Essays
1128 words (3.2 pages)

The Constitution Of The United Kingdom Essay

- Within four months of its promulgation, the constitution of Nepal has been amended to accommodate some people who were not satisfied with it. But this amendment has not made them happy. If they are made happy, some other people would be unhappy. It means no matter what you do some people will always be unhappy. That applies to Brexit also. The United Kingdom is in the process of negotiating reforms to remain within the European Union. The known demands for reform are mainly four: Economic governance, competitiveness, immigration and sovereignty....   [tags: United Kingdom, Europe, European Union]

Powerful Essays
1097 words (3.1 pages)

United States And The United Kingdom Essay

- Throughout this project we researched the United Kingdom. We were able to find several similarities and differences when it came to its culture in comparison to the United States, which can all be found through the visuals on our collage board. Not only did we learn about the United Kingdom’s holidays, traditional foods, types of government, fashion, architecture, entertainment, and geography, we were also able to learn about the 10 cultural dimensions that apply to the country. As we all know the United States is made up of 50 states and lies between the Atlantic and Pacific Oceans....   [tags: United Kingdom, United States]

Powerful Essays
1311 words (3.7 pages)

Essay United Kingdom Of The European Union

- On Thursday, June 23, 2016, United Kingdom voted in a referendum to determine whether it should remain or leave in the European Union. After more than thirty million votes, over seventy percent of the citizens of the United Kingdom, the result was an exit from the EU by the minimal margin of two percent. Although, the United Kingdom does not actually exit the European Union until two years after the vote, in accordance with Article Fifty of the Lisbon Treaty, the United Kingdom is already feeling the effects of the vote due to a drop in confidence....   [tags: United Kingdom, European Union, Europe, England]

Powerful Essays
944 words (2.7 pages)

Essay The United Kingdom And Great Britain

- The business field is ever-expanding and providing people with more and more opportunities every day. Several companies are now requiring employees to partake in international travel to conduct business abroad. Employees are being relocated to places such as Europe, Asia, and South America. When an employee is transferred to a foreign country, it is important for the employee to learn the country’s culture. The US and UK share some similarities, but to properly conduct business, the cultural differences must also be accounted for....   [tags: United Kingdom]

Powerful Essays
826 words (2.4 pages)

United States Of The United Kingdom Essay examples

- Students around the world face difficulties in school every day when they are enrolled in a college or university Some of these students also face numerous amounts of hate throughout their daily lives because they practice a certain religion, and many are afraid to practice their religion publicly because they may be made fun of or harassed. There are hundreds, if not thousands of examples of hateful graffiti being written about a certain religion or a person being verbally and physically harassed because they were wearing a yarmulke or hijab....   [tags: United States, United Kingdom, Islam]

Powerful Essays
1017 words (2.9 pages)

The United Kingdom Essay

- The shocking outcome of the referendum that enabled the citizens of the United Kingdom to vote on leaving the European Union left the global community unstable and shaken. The decisions that had to be finalized, the panic that investors experienced, and the realization that this was an unprecedented international political affair all left the world confused, and with no experience in the best way to move forward in a tactic that would collectively and equally benefit all that would be affected in the fallout....   [tags: United Kingdom, United States, European Union]

Powerful Essays
1397 words (4 pages)

Essay on The United Kingdom

- A few days ago on June 23, 2016, there was something globally announced that is being called Brexit, which means Britain 's exit. In other words, the United Kingdoms has decided to split apart from the European Union. To many people, they see this a bad thing and are against it. However, this is not a bad decision for Britain and it will them good. As a matter of fact, the United Kingdoms has many reasons to leave, such as the voting percentage from the citizens, the allowing of immigrants, insane rules, money, etc....   [tags: United Kingdom, European Union, Europe, Spain]

Powerful Essays
911 words (2.6 pages)