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Book

Martin Hannibal and Lisa Mountford

Criminal Litigation offers a guide to the areas of criminal litigation covered in the Legal Practice Course. Making use of realistic case studies backed up by online documentation, the text combines theory with practical considerations and encourages a focus on putting knowledge into a practical context. The volume covers all procedural and evidential issues that arise in criminal cases. The more complex areas of criminal litigation are examined using diagrams, flowcharts, and examples, while potential changes in the law are highlighted. This edition has been fully revised to reflect the most recent law and practice in all aspects of criminal litigation.

Book

Lisa Mountford and Martin Hannibal

Criminal Litigation offers a guide to the areas of criminal litigation covered in the Legal Practice Course. Making use of realistic case studies backed up by online documentation, the text combines theory with practical considerations and encourages a focus on putting knowledge into a practical context. The volume covers all procedural and evidential issues that arise in criminal cases. The more complex areas of criminal litigation are examined using diagrams, flowcharts, and examples, while potential changes in the law are highlighted. This edition has been fully revised to reflect the most recent law and practice in all aspects of criminal litigation.

Chapter

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter discusses the following: issue and credit; the concept of ‘credibility’; and bringing out the character of the parties and their witnesses. Evidence introduced to illuminate someone’s character is a fairly common feature in both civil and criminal trials. Considerable restrictions apply in criminal cases since the Criminal Justice Act 2003. According to the context, however, it may fulfil different purposes. Notably, it may serve as a potential indicator of whether or not someone is likely to be a truthful witness.

Chapter

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter discusses EU law on mergers, first examining the policy reasons underlying merger control. It then considers the jurisdictional, procedural, and substantive aspects to EU merger policy. Jurisdictional issues cover the types of concentration that are subject to the Merger Regulation and the inter-relationship between merger control at EU and national levels. Procedural issues cover matters such as the way in which notice of a proposed merger must be given and the investigative powers possessed by the Commission. Substantive issues of merger policy include matters such as the test for determining whether a merger or concentration should be allowed and the extent to which efficiencies produced by the concentration should be taken into account. The UK version contains a further section analysing issues concerning EU competition law and the UK post-Brexit.

Chapter

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter discusses EU law on mergers, first examining the policy reasons underlying merger control. It then considers the jurisdictional, procedural, and substantive aspects to EU merger policy. Jurisdictional issues cover the types of concentration that are subject to the Merger Regulation and the inter-relationship between merger control at EU and national levels. Procedural issues cover matters such as the way in which notice of a proposed merger must be given and the investigative powers possessed by the Commission. Substantive issues of merger policy include matters such as the test for determining whether a merger or concentration should be allowed and the extent to which efficiencies produced by the concentration should be taken into account. The UK version contains a further section analysing issues concerning EU competition law and the UK post-Brexit.

Chapter

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter discusses the following: issue and credit; the concept of ‘credibility’; bringing out the character of the parties and their witnesses; and evidence of the defendant’s good character. Evidence introduced to illuminate someone’s character is a fairly common feature in both civil and criminal trials. According to the context, however, it may fulfil different purposes. Notably, it may serve as a potential indicator of whether or not someone is likely to be a truthful witness.

Chapter

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter discusses the following: when the defence may adduce evidence of the defendant’s good character, what constitutes evidence of good character, the form that a judge’s good character direction must take, what consequences may flow from adducing such evidence, and how the Court of Appeal will react to a judge’s failure to deliver a suitable direction to the jury. The chapter concludes with brief consideration of when, if ever, evidence of prosecution witnesses’ good character is admissible.

Chapter

This chapter considers how companies raise money through a combination of equity and debt finance. It discusses the issuance of shares; share capital; financial assistance by a company for purchase of shares; classes of shares; finance through borrowing; secured loans; registration of charges; priority of charges; remedies of debenture-holders; receivers; position of lenders and debenture-holders; and steps to be taken by a lender to a company.

Chapter

This chapter examines the legal and ethical aspects of death. It begins with a discussion of the difficulty of the choosing a definition of ‘death’. It then sets out the law on a range of ‘end-of-life issues’, including euthanasia, assisted suicide, and refusal of medical treatment. It considers some particularly complex cases in which the law is not always easy to apply. These include the administration of pain-relieving drugs, the treatment of severely disabled newborn children, and the position of patients suffering from PVS. Next, the chapter considers the ethical debates surrounding euthanasia, assisted suicide, and terminating treatment. This is followed by a discussion of palliative care and hospices.

Chapter

Stuart Bell, Donald McGillivray, Ole W. Pedersen, Emma Lees, and Elen Stokes

This chapter discusses the UK system of town and country planning, which plays a central role in environmental law because of its enormous importance in relation to locational issues, as well as in determining how much of any particular activity is allowed in any place and the intensity of such development. However, town and country planning is not only about environmental protection: it has a wider role in organizing economic development. In balancing economic, political, social, and environmental factors to do with development in a democratic context, it ought to be a key mechanism for making development more sustainable. The chapter deals with town and country planning law, rather than the role of planning-type mechanisms in general. The law now requires various plans relating to the environment, such as the national strategies for air and waste, and river basin plans for water quality regulation, while there are also non-statutory plans, such as local transport plans, and informal plans, such as local Environment Agency plans.

Chapter

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, discussion points and thinking points help readers to engage fully with each subject and check their understanding as they progress and knowledge can be tested by self-test questions and exam questions at the chapter end. This chapter discusses the idea of human rights, as well as a range of political and constitutional issues to which they give rise. The general history of the international protection of human rights from which the UK system is derived is also introduced. The chapter furthermore presents examples of human rights abuses specific to the UK that are, to some extent, at the mild end of the full spectrum of human rights abuses found in other parts of Europe or in the rest of the world. The concept of human rights assumes that all reasonable human beings share the feeling that, in whatever they do, they need to accord proper respect to the dignity of all individual human beings. States and governments, in particular, must ensure that individual dignity is respected in their laws and practices.

Chapter

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, discussion points and thinking points help readers to engage fully with each subject and check their understanding as they progress and knowledge can be tested by self-test questions and exam questions at the chapter end. This chapter continues the analysis of the Human Rights Act. It discusses how cases can be brought under the Human Rights Act 1998 (HRA) and what remedies are available from the courts if a violation of a Convention right is found. The aim here is to delve deeper into the issue of how the rights of the European Convention on Human Rights (ECHR) are given further effect in the law of the UK by the HRA. The main issues discussed in the chapter include the importance of remedies and Article 13 ECHR—the right to a remedy, procedural issues for seeking remedies under the HRA, and remedies available under the HRA.

Chapter

This chapter considers how companies raise money through a combination of equity and debt finance. It discusses the issuance of shares; share capital; financial assistance by a company for purchase of shares; classes of shares; finance through borrowing; secured loans; registration of charges; priority of charges; remedies of debenture-holders; receivers; position of lenders and debenture-holders; and steps to be taken by a lender to a company.

Chapter

This chapter discusses the first step in the IRAC method of legal essay writing: namely, the identification of the major issue and the specific sub-issues that are in contention. It offers suggestions meant to help law students learn how to identify what question the examiners want them to answer, as well as how to write a two to three-sentence opening paragraph in approximately one minute. The chapter first considers the relationship of the IRAC method to legal practice before explaining in detail what an ‘issue’ is according to the IRAC methodology; why it is important to identify the issue explicitly in a legal essay or exam; and how to spot the major issues and the contentious sub-issues that arise out of a problem question. Examples of issue spotting are given. Writing tips are provided throughout the chapter.

Chapter

This chapter introduces law students to writing law essays and sitting exams, firstly by explaining why there is a need for a special approach to law essays and exams. It then outlines the hallmarks of a good essay in law, from paying close attention to the question as it is asked, to excellent use of supporting information and ideas. It also describes the four-step IRAC method of legal analysis and writing that provides a practical and proven method of answering law school essay and examination questions: identification of the issues relevant to the question; presentation of the applicable rules; application of the facts to the legal authority presented in the second step; and identification of the conclusion of the argument.

Chapter

This chapter considers the burdens borne by both parties when an issue of fact is at stake. It explains how the nature of a burden in the law of evidence is obscured by the use of the term in a number of different senses. The two principal senses are the burden of adducing evidence and the burden of proving facts. In relation to each, questions arise as to its incidence and discharge. The chapter considers the allocation of the burden in these two senses, at common law and under statutory provisions, and the effects of presumptions of law or agreement of the parties. Finally, this chapter is concerned with the extent of the two burdens, and the way in which the burden of proof has to be explained to the jury.

Chapter

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, discussion points, and thinking points help readers to engage fully with each subject and check their understanding as they progress and knowledge can be tested by self-test questions and exam questions at the chapter end. This chapter discusses the idea of human rights, as well as a range of political and constitutional issues to which they give rise. The general history of the international protection of human rights from which the UK system is derived is also introduced. The chapter furthermore presents examples of human rights abuses specific to the UK that are, to some extent, at the mild end of the full spectrum of human rights abuses found in other parts of Europe or in the rest of the world. The concept of human rights assumes that all reasonable human beings share the feeling that, in whatever they do, they need to accord proper respect to the dignity of all individual human beings. States and governments, in particular, must ensure that individual dignity is respected in their laws and practices.

Chapter

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, discussion points, and thinking points help readers to engage fully with each subject and check their understanding as they progress and knowledge can be tested by self-test questions and exam questions at the chapter end. This chapter continues the analysis of the Human Rights Act. It discusses how cases can be brought under the Human Rights Act 1998 (HRA) and what remedies are available from the courts if a violation of a Convention right is found. The aim here is to delve deeper into the issue of how the rights of the European Convention on Human Rights (ECHR) are given further effect in the law of the UK by the HRA. The main issues discussed in the chapter include the importance of remedies and Article 13 ECHR—the right to a remedy, procedural issues for seeking remedies under the HRA, and remedies available under the HRA.

Chapter

This chapter examines the procedural issues involved in public children law proceedings. It discusses the public law outline; representation of the child; steps to be taken before proceedings; the issue and allocation of proceedings; and case management hearings. The various court hearings and meetings which take place in public law children proceedings are explained, including first appointment; the case management hearing and advocates’ meeting; the issue resolution hearing; and the final hearing. Changes to the inclusion expert evidence to only when it is ‘necessary’, is explained. The stages of the public law outline are presented in a helpful flow chart and case-law is also used for illustration.

Chapter

A local authority’s investigation into a child’s health and development includes a case conference so that information about the child can be shared by those involved with the child and family. This chapter discusses the function of a child protection conference in public children law and the role of a solicitor in the conference. Family group conferences are also discussed, as well as who attends the child protection conference, their contributions to it, and when a child protection conference will be held. Confidentiality in the child protection and parents being excludes from all or parts of the conference is explained.