Nobody downloaded yet

Legal Method - Essay Example

Comments (0) Cite this document
Summary
PART A: DPP v Tick [1999] 1. What were the material facts in the case? The case DPP vs. Tick, 2 persons were convicted under the Road Traffic Act 1988 for driving above the prescribed limit of alcohol in the breath whereas the other was for not providing a reasonable excuse for providing a specimen of the breathe for alcohol testing…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER97.6% of users find it useful
Legal Method
Read TextPreview

Extract of sample "Legal Method"

Download file to see previous pages Under Section 5(1) of the RTA 1988 it would be an offence to drive a motor vehicle on a road after consuming alcohol and producing a breathe test containing 35 mcg of alcohol and above. Under Section 5(1), the Secretary of State has permitted the Lion Intoximeter 3000 to be used as evidence against driving under the influence of alcohol. Under Section 69 of the Police and Criminal Evidence Act 1984, any evidence that is provided by the Computer would not be accepted as evidence unless there is no reasonable ground that the statement was inaccurate due to improper use or functioning, and that the computer was operated properly. Ms. Tick was driving erratically on 21 May 1993 and was taken to the Sun Hill Police Station and provided a breathe test using the Lion device. The time the test was done was about 00:13 am but was given as 11:00 pm on the computer printout. Both the samples given by Ms. Tick exceeded 78 mcg of alcohol, above the permitted limit of 35 mcg, and Ms. Tick was charged under Section 5(1). The inaccuracy in time was noted and Srgt Cryer was called to testify in court. It was found that the reading or functioning of the Intoximeter was not affected by the functioning of the clock and both were independent. Dr. ...
After taking into consideration by Dr. Know and Srgt Cryer, there was nothing that could displace the printout evidence. Since the clock and the breathe analysis mechanisms lay in the same box, it could be said that since there was an error with the time, there could be an error with alcohol analysis, and this was even the intention of the legislation. However, the evidences that were available against Ms. Tick were admissible to convict her. 2. Explain, in your own words, the legal issue(s) in the case. Here the legal question being asked was whether the evidence presented by the Lion Intoximeter breathe analysis was permissible under section 69(1) of the Police and Criminal Evidence Act 1984. It is important to take into consideration the other evidences that were available including that of Srgt Cryer, the constable and Dr Know regarding Ms. Tick use of alcohol above the permissible limit whilst driving and also the error committed by the machine. Here the question was being asked regarding the admissibility and validity of a computer statement as evidence. Under section 69 a computer device must be functioning properly and if there is any evidence that the device was not functioning properly, it cannot be taken as evidence in criminal cases. If a computer is malfunctioning, the same should not be relevant and should not affect the generation of the evidence. From evidences presented, it was clearly shown that the functioning of the clock was independent of the results of the breathe analysis obtained. However, since the clock and the alcohol analysis components were in the same box, there were some doubts. However, Judge Hoffmann took into consideration that the information of time supplied by the clock had not effect on the generation and processing of the ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Legal Method Essay Example | Topics and Well Written Essays - 2500 words”, n.d.)
Retrieved from https://studentshare.org/law/1396041-legal-method
(Legal Method Essay Example | Topics and Well Written Essays - 2500 Words)
https://studentshare.org/law/1396041-legal-method.
“Legal Method Essay Example | Topics and Well Written Essays - 2500 Words”, n.d. https://studentshare.org/law/1396041-legal-method.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Legal Method

Legal Method and Skills

...OSCOLA stands for Oxford Standard for Citation of Legal ities and while it originated in Oxford in the year 2000, it is now being used by law schools in the United Kingdom and even outside of it, as well as in a number of legal journals. It is used in order to properly cite materials, references and cases used in the paper or essay not only to avoid being cited for plagiarism1, but more importantly, to acknowledge the intellectual source as well as to aid the reader who may wish to inquire more deeply into a particular topic. It also helps the author maintain his or her consistency, and thus it makes it easier for the reader to follow to argument being made. The main feature of the OSCOLA system of...
6 Pages(1500 words)Assignment

Legal Method Skills & Reasoning

...? LEGAL METHOD SKILLS & REASONING By Presented to Legal Method Skills & Reasoning Ruling Having had the privilege of reading and reviewing the decision and judgment made by the Criminal Injuries Compensation Authority with regards to the award of compensation under the Criminal Injuries Compensation Scheme 2001, the decisions and ruling of the First Tier Tribunal - Social Entitlement Chamber, and the decision held by the Upper Tribunal -Administrative Appeals Chamber; I rule in favor of the appellant that, the First Tier Tribunal and the Upper Tribunal erred in laws by upholding the decision of the Criminal Injuries Compensation Authority, CICA’s decision. Before the Court of Appeal, there is an appeal. Petal’s case was dismissed... LEGAL...
4 Pages(1000 words)Coursework

Legal system and method

...scientist background, he effectively handled DNA evidences as a defence lawyer. His land mark case was his representation for the football player Eric Cantona who faced charges of assaulting an opposition spectator who kept taunting him. Poole served as a Crown Court Recorder from 1982 and 1995 after which he was elevated as a High Court Judge in the Queen’s Bench Division and was knighted. In this capacity, he dealt with notorious trials including relating to paedophile Sidney Cooke in 1999 and murder accused John Paul Allan in 2003.5,6. There is no information readily available regarding his relationship with Kingston University and his out of court speeches. 5. Describe the route taken by Mr Karimi’s case through the English...
4 Pages(1000 words)Essay

LLB Law - ENGLISH LEGAL METHOD Coursework

...ENGLISH LEGAL METHOD Question What were the material facts in the case? Answer The materials facts in this case of Greenwood Housing Association v Alpha (2006) could be divided into two categories: *Legal definitions: The major arguments made by the Lord Justices try to define, in the strict relevance to the Laws, what constitutes the real meaning of “repair” and “maintenance”. Does it signify that when a landlord undergoes a “repair” of his tenant’s house, is he carrying out a complete “maintenance” as stipulated in the Laws? Description of responsibility: To what extent is the landlord responsible for repair or maintenance of his tenant’s property? In case the landlord is unaware of the state of disrepair in tenant’s house... , and an...
4 Pages(1000 words)Essay

Method

...2. Materials and Methods 2 Materials 2 1 Consumables Consumables were purchased from different suppliers. Petri dishes were from Sarsedt, Falcon tubes were bought from VWR International, and ethanol came from Fisher Scientific. 2.1.2 Equipment The equipments used throughout the duration of this experiment are listed in Table 1. Table 1. List of equipment used in the performance of the study. Item Model Supplier WM/250/sclp Rsons Mixture? Water bath OLS200 Grant Centrifuge 3-18 Sigma Incubator-shaker Excella E25 New Brunswick Scientific Balance S1-64 Denver Autoclave Rodwell 2.2 Solutions 2.2.1 Buffers 2.2.1.1 Phosphate buffer saline Phosphate buffer saline tablets (Oxoid Limited) were dissolved in distilled water...
8 Pages(2000 words)Essay

Legal system and method

...Laroche v Spirit of Adventure [2008] EWHC 788 The Facts On receiving a gift voucher from a friend, the claimant Laroche, participated in a hot air balloon flight organised by the defendant, Spirit of Adventure. A forced landing resulted in an injury to the claimant. Subsequently, the defendant company went into liquidation; but its insurers agreed to negotiate with the claimant. This process took some time, and the moment 2 years had elapsed from the date of the accident; these insurers refused to have any further negotiations with the claimant, because the latter’s claim was time barred as per the provisions of the Warsaw Convention. Subsequently, Laroche made a claim in the High Court of England and Wales, for personal injury... v Spirit of ...
6 Pages(1500 words)Essay

Legal Method - Case Summary

...the lower court’s decision was reversed on the basis that the injury was in fact preventable. The Court of Appeal also found that negligence could be inferred. The defendant then appealed to the HKC. Legal Issues The legal issue at the heart of this case was the extent to which the doctrine of res ipsa loquitur can be successfully claimed in relation to the facts of the case and the trial judge’s ruling. Pursuant to the doctrine of res ipsa loquitur, the defendant would be liable if upon the evidence presented, it was found that the injury complained of, was such that it would not have occurred but for the defendant’s negligence and injury itself was within the parameters of the defendant’s duty of...
8 Pages(2000 words)Essay

Legal institution and method. (legal court system of UK)

... their better insight of the English court system and its operations. This is because of the statement’s awareness of the structure of the legal system and penalizing policies. Discussion The English court system supports conviction reductions if the defendant makes a guilty plea promptly. The United Kingdom’s legal system benefits from this practice economically and politically. These advantages are felt more today, which makes the public, witnesses, and those harmed by the accused see as if defendants cannot find a way around the system2. When defendants too begin viewing the system this way, they tend to plead guilty when their cases reach trial. Consequentially, the defendants forego their rights to an adversarial trial... , which is...
4 Pages(1000 words)Essay

METHOD

...Method: Method Participants The participants of the research study will be from The Ark which is located in the South East region of Miami. The Ark University is a public institution with a total population of approximately 24, 500 students. A group of 60 educational graduates students, 30 male and 30 female. These students will participate in the experimental study to assess the impact of online classes and traditional classes. The participants will be informed that the experiment will measure how they captured concepts of the materials used in the class. The students to participate in the study will be asked to volunteer. The students who volunteer will be selected randomly using a computer generator to...
4 Pages(1000 words)Essay

Documentary credit is an important method to effect payment in international sale of goods. Documentary credit differs from other means of payment. Discuss and critically analyse these statements with particular reference to the legal framework or fram

....2 Documentary credit is different from other methods of payments since it ensures prompt payments and eliminates fraud due to its principle of autonomy and strict compliance in the legal framework. Legal framework of documentary credit In international sale of goods contract, the seller faces the risk of prompt payment by the buyer while the buyer faces the risk that the goods may not conform to the specified quality and quantity.3 The bank’s payment undertaking is not subject to the sale contract or the quality or quantity of goods, but is on the compliance of the seller’s documents.4 By the use of documentary credit, the seller is assured of prompt payment by presentation of the...
8 Pages(2000 words)Research Proposal
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 Essay on topic Legal Method for FREE!

Contact Us