Law Papers Assignment Sample

Introduction

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In the first extract, the constitution is a thing which not precedent to the government and is an antecedent to the government. The constitution of a nation is the conduct of the government and also the people living in that nation. This is also considered as a body of elements that consists of the principles. on which there is establishment and organization of the government is based. It also includes the power and its mode of election. This also includes the duration of the parliaments, names of bodies, and also the authority of the executive part of thegovernment. Therefore, a constitution is a law that is followed by the government and also considered in the courts of thelaw.
2. The second extract states that the foundations of the liberal form of democracy lie within the arrangements of the constitution. It is importantly considered as the means of specifying the power of the state and is distributed across several institutions. In the country of the UK, these regulations are diverse but are not codified. There is no single document that is considered a written constitution.
The formal requirement of democracy is-
The disputes regarding rules are not evitable, and thus political and legal issues are required through which disputes can be settled. It must be done transparently. There should be a genuine possibility of rules which are changed to enhance the quality of democracy in a constitution system.
The substantive requirements of democracy are-
The power must be chosen democratically, and the procedure of accountability must be effective.
Several organizations will be given to exercise the function that is overlapping from each other. It also includes those powers, which are executive, judicial, and legislative.
The citizens are given an opportunity to engage and influence the individuals or organization who carries power, so there must be the establishment of a range of channels. Along with this, there should be accommodation and recognition of several desires in democracy in various parts of the states, which also includes devolution of the authorities so that decisions are possibly considered by appropriate forms of government.
3. In the third extract, the glorious revolution of the year 1688-89 was responsible for permanently establishing the ruling of power of the UK and England. This was also responsible for the representation of the shift from the absolute monarchy to the constitutional monarchy. Some historians consider that this glorious revolution was one of the most crucial events that led to the transformation of the absolute monarchy intoa monarchy that is constitutional . Along with this event, the monarchy in the UK would not hold power again in an absolute manner.
BLANK PIECE TWO-
a) In contract law, the counter offer acts as rejecting an offer while entering into the contract or accepting a new offer while making changes to the original offer. As the counter offer is considered a rejection This is treated as void ab initio, and it means that the original offer was also not accepted. Concerning the case law, Hyde v Wrench, [1880], it was held that counter offer is not accepted. In the given case, the counter offer was made by B for 3500 dollars.
b) The acceptance in a contract only takes place when the offer is duly accepted by the offeree. But in this case, the counter offer has been made by Britney to Alan regarding the payment. Therefore, this would not be regarded as an acceptance. Hence, there is no formation of the contract between the parties. Concerning the case law, Tinn v Hoffman [1873] 29 LT 271, it was held that if the offeree specifies some method as a counter offer, then it would cause unacceptance of the offer. Here there is no formation of the contract.
c) In the given case, only the negotiation is taking place about the car. These negotiations in the mail would not form the contract between the parties. As the seller has made a contract with another buyer, and after the negotiation, the buyer is willing to buy at an original offer. Hence there is no proper formation of the contract between the parties. In the given case, there was no formal incorporation of the contract. Concerning the case law, Gibbons v Proctor [1891] 64 LT 271, it was stated that the person could not accept the new offer if the conditions of the original offer were completed.
d) As Alan accepts her offer, Christine is ready to sell her car for 4500 dollars. There is a proper offer and acceptance of the proposal between the parties, and thus, it led to the formation of the contract. The contract formation takes place when the offer is made by the offeror, and the same offer is accepted by the offeree with an adequate form of consideration.
e) As there is a formation of the contract between Alan and Christine, Britney thought that his offer had been accepted. But mere silence does not amount to acceptance as per the general rule of the contract law.
f) The offer has been lapsed by time, and already the contract regarding that subject matter is formed; therefore, no formation of the contract would take place between Alan and Britney.
g) In the contract law, the counter offer acts as rejecting an offer while entering into the contract or accepting a new offer while making changes to the original offer. As the counter offer is considered a rejection, this is treated as void ab initio, and it means that the original offer was also not accepted. Concerning the case law, Hyde v Wrench, [1880], it was held that counter offer is not accepted. In the given case, the counter offer was made by Britney for 4000 dollars.
BLANK PIECE THREE
The defence of necessity in the aforementioned case was not applicable as a defence to the murder on the given facts. This is also not possible to give just that killing one individual was important to save the life of another. Although, the case law Buckole v Greater London Council [1971] Ch 655 states this judgment is generally followed and accepted. In this case, the findings of the judge are implied, and it was observed that there was no justification for killing the boy. It has also suggested that there is the unavailability of the defence, which has been seen as a consequence of the disputes between the parties.
Even if it was important to kill one individual to survive, it is not moral or justified to kill the individual who is not resisting and the weakest. If this trend of choosing the weak is continued until rescue arrives, then all individuals would justify the killing and would not be considered for committing an offence like murder . Also, there is an issue of self-defence. The law states that an individual can justify the killing only in case of self-defence against the person who was killed. Also, the defence of self-defence is extendable to the defence of others, and thus it provides flexibility in allowing the usage of force in a pre-emptive manner subject to the individual who has been making such employment of force while believing that his or her behaviour to be important. There should be mandatory use of force which is reasonably being taken into consideration according to the situation.
Also, murdering an individual in this scenario was itself not a moral act. The defendants, with a level of certainty, have deprived him of any opportunity for his survival. Suppose there was any possibility that person might get rescued the next day in which the case would be considered as profitless behaviour of killing the boy. The choice of killing the boy by two individuals is done based on principles of utilitarianism. According to jerry Bentham, the principle of utilitarianism is defined as the thing which is done to maximize the level of utility. It simply means balancing pleasure over pain or happiness over sadness. This principle is identified based on morality. Thus, it focuses on the higher good for a high number of individuals . The morality of some acts is made up of measuring the benefits and costs of the behaviour.
The theory of moral absolutism is also applicable, which also raises that the absolute standards are considered against which there is a judgment of moral questions. It simply means that some behaviour might be either wrong or right in an intrinsic manner where the goals and the beliefs of the society do not matter. It is likely held that the defendants had no right to kill the boy or deny him any opportunity for survival and also chose to kill him. It was not right to succumb to the temptation and further cover the same with the sham of necessity.
BLANK PIECE FOUR-
a) The term consideration means something in return and something that has value. This consideration is required to make the promise enforceable as a legal contract. This is either detrimental to either of the parties or beneficial to either of the contracting parties. The consideration under the law of the contract is not required to be adequate. The law of contract states that there must be a consideration, either adequate or inadequate, for the validity of the contract and its enforcement. The adequacy of the consideration is for the parties who consider it at the time of formation of the contract or while agreeing. The contract cannot be stated as invalid just on the grounds of inadequate consideration.In the given case, B can make payment according to the manner prescribed by the offeree. The consideration needs not to be adequate.
b) According to the law of the contract, the consideration need not be given by the promisee. It might come from any other individual also. This is not material as to who has made the performance or paid the consideration. Concerning the case law, Curie v Misa, 1875, it was held by the court of the law that the consideration might be in the form of right, profit, interest, forbearance, or detriment.
c) The consideration under the law of the contract is not required to be adequate. The law of contract states that there must be a consideration either adequate or inadequate for the validity of the contract and its enforcement . The adequacy of the consideration is for the parties who consider it at the time of formation of the contract or while agreeing. The contract can not be stated as invalid just on the grounds of inadequate consideration. Along with the payment, the car of A was offered by A, and it was accepted by B. it was a modification to the original contract, but no proper communication has been made between the contracting parties.Concerning the case law, Curie v Misa, 1875, it was held by the court of the law that the consideration might be in the form of right, profit, interest, forbearance, or detriment.
d) The consideration under the law of the contract is not required to be adequate. The law of contract states that there must be a consideration, either adequate or inadequate, for the validity of the contract and its enforcement. The adequacy of the consideration is for the parties who consider it at the time of formation of the contract or while agreeing. The contract can not be stated as invalid just on the grounds of inadequate consideration.Concerning the case law, Curie v Misa, 1875, it was held by the court of the law that the consideration might be in the form of right, profit, interest, forbearance, or detriment. Therefore, in this case, B can also accept the car because the consideration need not be adequate .
BLANK PIECE FIVE-
The actus reus of the murder is made up of the legal killing of an individual in the peace of the queen. The men's rea of the murder is treated as malice aforethought that has been interpreted by the courtsasmeaning the intention of killing.Murderis a convictionthat carries a mandatory life sentence. The judge is also responsible for passing a sentence that could notbe passing a lesser sentence. Themitigating circumstancesdo not matter while passing a sentence. There is three major defence to murder that might reduce the conviction of murder to voluntary manslaughter. Under this conviction, the maximum punishment is the sentence of life which permitsthe judge to give discretion on the sentencing. This partial defenceis also provided in the homicide act, 1957 and which also involves provocation, diminished responsibility, anda pact of suicide.
The actus reus of murder-
The actus reus of the conviction of murder involves the killing of an individual in an illegal manner in the peace of the queen.
Illegal killing-
The term illegal killing or unlawful killingis committed by some form of the act or omission. Therefore, the case laws which are related to the omission found would also be considered related to the law of murder . All the illegal killings are an outcomeof a crime, and therefore there is an establishment of causation.
Some murders are considered legal, for example, killing an individual in self-defence. It is also included that when the penalty of death was being implemented, like order execution of a state would be classified as legal. If the killings take place by polices or soldiers during their duties, if they go beyond their duty or use excessive force.
Another element of the actus reus of the murder is stated that the victim of the conviction of the murder must be an individual or a human being. This would not include the animals from remittances of the conviction of murder. But it is also responsible for raising the question as to what point one becomes a human being and at what point one individual is ceased to be an individual.
Men's rea of the murder- the men's rea of murder is a bad intention of killing which is pre-planned or aforethought. However, this term is also misleading in that it also advises bad advice. This bad intention is also interpreted in the courts of the law as a bad intention of killing.
Concerning the case law, R v Evans 2009, it was held by the court of the law that the defendant was charged with the conviction of murder, and thus in the given scenario, john has set the fire in the building and thus was responsible for the death of fifteen people.