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Chapter

Cover Concentrate Questions and Answers Public Law

3. Prime Minister and Cabinet  

The Q&A series offers the best preparation for tackling exam questions. Each chapter includes typical questions, diagram problem and essay answer plans, suggested answers, notes of caution, tips on obtaining extra marks, the key debates on each topic, and suggestions on further reading. This chapter presents issues relating to the Prime Minister and the Cabinet. The sample questions given here deal with issues such as the extent to which the UK has moved from a system of Cabinet government to a system of Prime Ministerial government; collective ministerial responsibility; and how the convention of individual ministerial responsibility operates in relation to departmental error.

Chapter

Cover Concentrate Questions and Answers Contract Law

13. Privity of Contract  

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, answer plans and suggested answers, author commentary, and other features. This chapter explores the privity of contract. Traditionally the doctrine of privity of contract regards contract as based upon agreement and consequently only the parties to that agreement can enforce it. This chapter discusses common law limitations to the doctrine of privity; common law attempts to evade privity; and statutory developments. It covers the Contracts (Rights of Third Parties) Act 1999, including the freedom given to the contracting parties to exclude the provisions of the Act, or to set out procedures for post-contractual variation of arrangements that avoid the need to obtain the third party’s consent.

Chapter

Cover International Law Concentrate

11. Use of force  

This chapter examines under what circumstances States may use armed force under customary international law and Arts 2(4) and 51 UN Charter. After noting that the use of armed force is generally prohibited and only limited to self-defence, and then only if the target State is under an armed attack, we show that several States have expanded the notion of armed attack. Besides self-defence, the United Nations Security Council may authorize the use of armed force through a process of collective security. Several examples of collective security are offered, as well as the ICJ’s position on what constitutes an armed attack. In recent years, the range of actors capable of undertaking an armed attack has included terrorists. Moreover, the development of the doctrine of the responsibility to protect is a significant achievement.

Chapter

Cover International Law Concentrate

13. International criminal law  

This chapter examines the fundamental concepts and notions of international criminal law, which is linked to other key areas of international law, particularly human rights, international humanitarian law, immunities, and jurisdiction. In particular, there is a focus on the concept of individual criminal responsibility under international law. The four core crimes are considered; namely, genocide, crimes against humanity, grave breaches of the 1949 Geneva Conventions, and the crime of aggression. Moreover, attention is paid to two unique forms of participation in international crimes, namely, command responsibility and joint criminal enterprise. Finally, the chapter addresses enforcement of international criminal law, particularly through international criminal tribunals, with an emphasis on the International Criminal Court (ICC).

Chapter

Cover International Law Concentrate

9. State responsibility  

The law of international responsibility sets out the legal consequences arising from a breach by a State of its international obligations. It should be distinguished from ‘primary rules’ of international law, which lay down international obligations. International responsibility arises when a certain act or omission is wrongful, ie it is attributed to a State and it amounts to a violation of its ‘primary’ obligations. The international responsibility may be excused under certain strict circumstances, such as consent or necessity. Otherwise, the responsible State should cease the wrongful conduct and, in case of damage, it should provide reparation to the injured State, in the form of restitution, compensation, and satisfaction.

Chapter

Cover Concentrate Questions and Answers Family Law

8. Parenthood and Parental Responsibility  

The Concentrate Questions and Answers series offers the best preparation for tackling exam and assignment questions. Each book includes key debates, typical questions, diagram answer plans, suggested answers, author commentary, and tips to gain extra marks. This chapter focuses on legal parenthood and parental responsibility and contains two essay questions and two problem questions. The topics covered in this chapter are: presumptions of paternity and paternity tests; legal parenthood in assisted reproduction situations; the Human Fertilisation and Embryology Act 2008; legal parenthood in surrogacy situations; and parental responsibility. The topics covered in this chapter are complex as they raise legal, ethical, and moral issues.

Chapter

Cover Criminal Law Concentrate

7. Homicide I  

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses murder, arguably the most serious crime in English law. Murder is where D kills V, and D intends to kill or intends to cause grievous bodily harm (GBH). The most common criticism of the offence of murder is that the sentence is mandatory irrespective of whether the mens rea is the more serious form (intent to kill) or the less serious form (intent to cause GBH). There were three partial defences to murder under the Homicide Act 1957 (diminished responsibility, provocation, and suicide pact). There are three partial defences to murder under the Homicide Act 1957 as amended and the Coroners and Justice Act 2009: diminished responsibility, loss of self-control, and suicide pact. The chapter considers the first two in detail. These are partial defences because they result in a conviction for manslaughter rather than a full acquittal.

Chapter

Cover Family Law Concentrate

8. Adoption  

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter focuses on adoption as a means to terminate the legal relationship between a child and their birth parents. It considers the human rights aspects of adoption and different types of adoption and discusses adoption proceedings in England and Wales under the Adoption and Children Act 2002. The chapter then explains the role of local authorities and adoption agencies under section 2 of the Adoption and Children Act 2002, and placement for adoption, parental responsibility, and parental consent. It also highlights the welfare of children as considered by an adoption agency or a court when making a decision affecting the child. Finally, the chapter examines alternative orders: child arrangements order, parental responsibility, special guardianship order, and no order. This edition now includes reference to the Special Guardianship (Amendment) Regulations 2016.

Chapter

Cover Family Law Concentrate

6. Children—private law  

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter focuses on private law matters concerning children under the Children Act 1989, particularly sections 1 and 8. It begins by looking at who is a parent and explaining the concept of parental responsibility and who has it. The chapter then considers the factors considered by the courts to resolve disputes over aspects of a child’s upbringing, including the welfare principle, the welfare checklist, the ‘no delay’ principle, the ‘no order’ principle, and the presumption of continued parental involvement.