THIS CONVENTIONAL PAPER IS NOT TO BE TAKEN FROM THE EVALUATION HALLS
SCHOOL OF BIRMINGHAM
DIPLOMA IN LAW
DEGREE OR DIPLOMA IN THE COMMON LAW
ALL SCHEMES AND PATHS
BSc LEVELS WITH LAW
Common Law Reasoning and Institutions
Tues 20 May 2014: twelve. 00 вЂ“ 13. 15
Candidates could have fifteen minutes where they may see the paper and make hard notes ONLY in their response books. Then they have the leftover THREE SEVERAL HOURS in which to answer the inquiries.
Candidates must answer the COMPULSORY issue in Part A, TWO from the SEVEN inquiries in Part B and the MANDATORY question simply C.
NOTE: Candidates may well detach the sections of the Identity Documents Act 2010 from internet pages 6 to 12 of this question newspaper for easy reference in answering Issue 9.
Prospects should answer all parts of any question except if otherwise stated.
В© University of London, uk 2014
Page one particular of doze
Candidates need to answer this kind of COMPULSORY question.
What are the key facts and legal issues of Rottman?
According to Lord Expect (dissenting) so why was right now there a break of Document 8 in such a case?
Sum up Lord Hutton's discussion of the nature and level of the common law capabilities to search Rottman's premises and why they will continued in force after the 1984 PACE.
вЂUnder the normal law the authorities had electric power, after arresting a person in his residence or in the grounds of his house, to search your house and catch articles that they reasonably believed to be material proof in relation to the crime which is why they had imprisoned that person. In spite of the pregressive
development of this power through the years, the principle is not really wide enough to cover the search with the flat in which Hewitson was some two hours just before his criminal arrest in a nearby road. The
objective in the common rules is not only the obtaining and
preservation of evidence nevertheless also the protection of the person's exclusive property via arbitrary attack or intrusion, an objective strong by Fine art. 8 in the European Tradition on Individual
Rights. It will therefore be a substantial start, rather than a great incremental progress the common legislation, to allow the police such wide powers of search next arrest. ' Hewitson sixth is v Chief Constable of Dorset  EWHC 3296 (Admin) Jackson T
What is Knutson J's understanding of the range and limits of common law capabilities to search and seize evidence in the
Page two of 12
Candidates need to answer TWO questions with this section.
вЂAlthough there are different ways of thinking about credited process, the essential idea is the fact all people are the same before the legislation. ' Discuss.
Idol judges are legislation makers, however law making is led by the doctrine of preceding.
The influence of European methods of statutory interpretation offers completely redefined how common law all judges approach Works of
вЂMy thesis is that all judges in the UK [are] necessarily old-fashioned and illiberal. ' (J. A. G. Griffith. )
вЂThe adoption of ADR is a catastrophe for the civil justice system. Every disputes must be resolved by courts- inspite of the implications of cost. '
There is a problems in Uk policing. Law enforcement have lost the trust in the communities they are meant to provide.
Page several of 12
вЂReforms have gone too far. The court is now not anymore relevant to the criminal trial. '
Discuss with reference to the Criminal Justice Act the year 2003.
вЂThe doctrine of Open up Justice
sacrificed by recent reform. '
Discuss with reference to shut material actions.
Site 4 of 12
Candidates must solution this COMPULSORY question.
In November 06\, Alan was issued with an identity card which will he keeps having.
Explain to Joe how...