Nobody downloaded yet

Analysing legal texts - Outline Example

Comments (0) Cite this document
Analysing Legal Texts 1. Write a case summary identifying the material facts, the issues, the reasoning on each issue,the decision in the case and the ratio In the case of R v Goodwin the facts are as follows; Goodwin while riding his PWC (a type of a water bike) recklessly had a collision with another PWC, which was not moving and due to such a collision the rider of the second PWC suffered grievous bodily harm…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER92.5% of users find it useful
Analysing legal texts
Read TextPreview

Extract of sample
"Analysing legal texts"

Download file to see previous pages Goodwin pleaded that his PWC did not constitute a Ship in the statutory definition and it was not a sea going vessel and further that he was not a Master employed thus he not be chargeable under the Merchant Shipping Act 1995. in the initial trial his PWC ruled as a ship and Goodwin pleaded guilty however in his appeal the following questions of law arise: 1. Weather the PWC fell in the statutory definition of a ship ? 2. The meaning of the Word Sea going as per the Merchant Shipping Act 1995 3. Weather Goodwin fell under the category of Master Employed Weather the PWC fell in the statutory definition of a ship The statutory definition Merchant Shipping Act 1995 is provided in s.313(1):- “ship includes every description of vessel used in navigation”. The Court treated this statutory definition in two phases with the first being a vessel and the second being the capability of independant navigation. The court relied on Steadman v Scofield1 where a jet ski was not considered a vessel due to its design concluded that a vessel in its traditional meaning and considered it a hollow object of boat like design capable of transportation trasportation over water and concluded that even though a jet ski was not considered a vessel the PWC in this case was indeed a vessel. The Second test of Navigation was taken not in the literal sense but in its wider meaning and was concluded the ability to go from point A to B when ordered as in Curtis v Wild however as said in Steedman v Scofield the random movement meant for joy was not considered as navigation for the purposes of the statue concerned. Thus the PWC was not considred a Ship. Sea going as per the Merchant Shipping Act 1995 The Statue requires the vessel to be capable of voyage over sea and in this case the in fact ridiculed on the thought of a PWC capable of serious voyage and thus ruled it outside the statutory definition of Sea going vessel for the purpose of the statue and concluded that a vessel meant for recreation or purely for pleasure even though it may be capable of voyage in the literal sense was not to be taken as an actual sea traveling craft as per the requirement of the law. Weather Goodwin fell under the category of Master Employed The Merchant Shipping Act requires is for the Master Employed in a sea going ship. The Court decided in the positive to the last issue of law as Lord Phillips CJ said applied the act on a scenario of his devising that a person owning a yacht would also be punishable under the law if he so criminally injures a person. The Ratio in this case is concluded to be that in Order to be convicted under the Merchant Shipping Act 1995 Sec. 58 one needs to qualify the criteria and the three questioned as explained above state that a Ship defined as a craft capable of transport of people and goods and used in accordance with a pre-set navigation for the sake of fulfilling transportation related objectives 2. Identify within this case, examples of the literal rule of statutory interpretation.explain why u believe each example is of the literal rule. The Literal rule of interpreting a statue is when the Court reads the wording of the statue with its dictionary literal meaning without adding or subtracting anything of its own creation. The ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
(“Analysing legal texts Outline Example | Topics and Well Written Essays - 1250 words”, n.d.)
Retrieved from https://studentshare.org/gender-sexual-studies/1407866-analysing-legal-texts
(Analysing Legal Texts Outline Example | Topics and Well Written Essays - 1250 Words)
“Analysing Legal Texts Outline Example | Topics and Well Written Essays - 1250 Words”, n.d. https://studentshare.org/gender-sexual-studies/1407866-analysing-legal-texts.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document
Module: Crime and the City: Has hate Crime risen or decreased in the past ten years
Slide 2: Government Acts: Defenition of Hate (FBI 2003) 1. Government Act of 1998 - Crime and Disorder Act establishing behaviour/racial/religious/groups (Legislationgov 1998) 2. Government Act of 2003 - Criminal Justice Act ammends 1998 creating more categories sexual/diabilities/age (Legislationgov 2003) Slide 3 : Problems in Data Collecting Controversy: Data collecting techniques (Crime Reporting' 2010) Controversial reports say hate crime have decreased, reporting data has only started since 2008.
4 Pages(1000 words)Outline
Strategic perspectives of Book publishing houses in Germany in light of the current sector structure and prospective trends
Potential Entrants 6 2.1.2 Bargaining Power of Buyers 7 2.1.3 Substitute Products 7 2.1.4 Bargaining Power of Suppliers 9 2.1.5 Competitive Rivalry 11 2.2 Porter’s Value Chain 12 3. Current Development and Future Trends 16 4. Deduction of Strategic Recommendation of Three Top Players 17 4.1 Bertelsmann AG 18 4.2 Holtzbrinck Publishers LLC 18 4.3 Springer 19 5.
10 Pages(2500 words)Outline
Concept of human rights and its role in the legal,moral and political world
Basically, they are an expression general to every person, of a desire to live securely and freely in a nonviolent and just world. The words of human rights, not to mention the viewpoints and view of migrants, have been mainly not present from the migration policymaking
2 Pages(500 words)Outline
Prevention Management of Diabetes in Qatar: Role of Qatar Diabetes Association
Qatar ranks number 6 out of 223 countries with 15.4% of its population suffering from diabetes (IDF 2009; The Peninsula 2010). IDF (2011) indicates that new figures suggest that the number of persons living with diabetes is expected to increase from 366 million in
4 Pages(1000 words)Outline
I would like you to conduct image searches to find examples of all of the types of images listed below. You should be able to refer to these as you work through the text in this activity. I would suggest that you leave any items marked 'optional&apos
orian albums and scrapbooks were assembled by youthful ladies bearing some social status, with these being aligned with poetic and unique writings (Warrington, 2012). Additionally, other items with that were aesthetic were added to these books with care and keenness thus making
1 Pages(250 words)Outline
Identify a problem caused by urbanization and evaluate the effectiveness of two solutions which have been implemented to combat the issue. You should focus on one area of the world. Use data to support your argument
This is because air pollution has overtime become an ever increasing issue among environmentalist and residents in Beijing. Notably, air pollution is a major disaster in China due to the nation`s rapid pace of industrialization, explosive growth in car ownership, and
2 Pages(500 words)Outline
Dissertation outline(please help me think of a title related to CSR with extractive industries)
The topic that has been selected for this dissertation is the role of corporate social responsibilities in the extraction industries. The extraction industries consists
10 Pages(2500 words)Outline
Essay Plan: Demonstrate how ideology works in a media text. Use lifestyle magazines as your key example. Demonstrate how ideologies work in the text to construct and speak to the reader. Your answer should draw upon relevant academic literature to suppor
Does the use of ideologies bring out the real perspective of situations in the media? Do the media have the required tools to ensure that ideologies are effectively presented to influence the perspective of the audience regarding certain issues? How much significance
2 Pages(500 words)Outline
Examine the ways in which attempts are being made to address the problem of cyber bullying in the criminal justice system of England and Wales
With the spread and improvement of technology, the risk of cyber bullying is greater than it was before the digital age. Consequently, in England and Wales, The Education Act 2002 places a responsibility on school managements to encourage
2 Pages(500 words)Outline
Legalisation of Sex Work
Considered the world’s oldest trade, prostitution remains one of the most controversial issues in contemporary society. Some factions of society argue that sex work constitutes a viable mode of employment just like other job sectors, and sex workers must, therefore, be given legal access to treatment similar to conventional employees’.
3 Pages(750 words)Outline
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.
Let us find you another Outline on topic Analysing legal texts for FREE!
logo footer
Contact us:
Contact Us Now
FREE Mobile Apps:
  • StudentShare App Store
  • StudentShare Google play
  • About StudentShare
  • Testimonials
  • FAQ
  • Blog
  • Free Essays
  • New Essays
  • Essays
  • Miscellaneous
  • The Newest Essay Topics
  • Index samples by all dates
Join us:
Contact Us