One of the main issues that the parties need to consider when a marriage or civil partnership ends is the financial consequences of the divorce, dissolution, or judicial separation. Amongst other things, they need to consider where they are going to live and what money they need to live on in the future. Their current assets will need to be evaluated and divided accordingly. The parties do not always agree on how to do this. Whatever they decide, the court has to approve of the decision. The chapter looks at the courts' powers, the legal principles they apply, the practical implications, and the problems that may arise in financial remedy practice. A number of different scenarios are used to help with this analysis.
Chapter
4. Financial Provision on Divorce
Book
David Ormerod and Karl Laird
Smith, Hogan, and Ormerod’s Criminal Law: Text, Cases, and Materials is a guide to the criminal law. The text is supplemented by extracts from the key criminal law cases, together with other essential materials from statutes, reports, and articles. This edition has been significantly revised and restructured to present the materials in an order that closely matches the structure of contemporary courses on criminal law. The latest legislation and all of the recent cases that continue to shape the law are included. The book has, from the first edition, examined all the aspects of the criminal law that would be expected to be found in the undergraduate syllabus, and has been revised and restructured to ensure that this latest edition reflects the modern undergraduate course.
Chapter
4. Financial Provision on Divorce
One of the main issues that the parties need to consider when a marriage or civil partnership ends is the financial consequences. Among other things, they need to consider where they are going to live and what money they need to live on in the future. Their current assets will need to be valued and divided. The parties do not always agree on how to do this. Whatever they decide, the court has to approve of the decision. The chapter looks at the courts’ powers, the legal principles they apply, the practical implications, and the problems that may arise in financial remedy practice. It uses key cases heard in the higher courts before suggesting how their principles can be applied to different levels of wealth. Finally, it asks—if financial settlements are meant to be fair, what does fairness look like? To what extent should the parties be able to do what they want, such as enter into a nuptial agreement—or is it right that there should be limits on this?
Chapter
2. Criminalizaton: historical, legal, and criminological perspectives
Nicola Lacey and Lucia Zedner
This chapter examines the relationship between legal and criminological constructions of crime and explores how these have changed over time. The chapter sets out the conceptual framework of criminalization within which the two dominant constructions of crime—legal and criminological—are situated. It considers their respective contributions and the close relationship between criminal law and criminal justice. Using the framework of criminalization, the chapter considers the historical contingency of crime by examining its development over the past 300 hundred years. It analyses the normative building blocks of contemporary criminal law to explain how crime is constructed in England and Wales today and it explores some of the most important recent developments in formal criminalization in England and Wales, not least the shifting boundaries and striking expansion of criminal liability. Finally, it considers the valuable contributions made by criminology to understanding the scope of, and limits on, criminalization.
Chapter
1. Guidance on reading cases
Robert Merkin KC, Séverine Saintier, and Jill Poole
Poole’s Casebook on Contract Law provides a comprehensive selection of case law that addresses all aspects of the subject encountered on undergraduate courses. This chapter offers tips for students on how to read cases relating to contract law. In reading a case, it is important to understand how it relates to the legal principles taught in lectures. The chapter also discusses the basics of reading a case and how to read a case in practice, using the case Carlill v Carbolic Smoke Ball Co. so that the student will learn to appreciate contract case law.
Chapter
2. Criminalization: Historical, legal, and criminological perspectives
Nicola Lacey and Lucia Zedner
This chapter examines the relationship between legal and criminological constructions of crime and explores how these have changed over time. The chapter sets out the conceptual framework of criminalization within which the two dominant constructions of crime—legal and criminological—are situated. It considers their respective contributions and the close relationship between criminal law and criminal justice. Using the framework of criminalization, the chapter considers the historical contingency of crime by examining its development over the past 300 years. It analyses the normative building blocks of contemporary criminal law to explain how crime is constructed in England and Wales today and it explores some of the most important recent developments in formal criminalization in England and Wales, not least the shifting boundaries and striking expansion of criminal liability. Finally, it considers the valuable contributions made by criminology to understanding the scope of, and limits on, criminalization.
Chapter
1. Guidance on reading cases
Robert Merkin and Séverine Saintier
Poole’s Casebook on Contract Law provides a comprehensive selection of case law that addresses all aspects of the subject encountered on undergraduate courses. This chapter offers tips for students on how to read cases relating to contract law. In reading a case, it is important to understand how it relates to the legal principles taught in lectures. The chapter also discusses the basics of reading a case and how to read a case in practice, using the case Carlill v Carbolic Smoke Ball Co. so that the student will learn to appreciate contract case law.