Free Law Essays
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Essay on the criminal law on omission
The general position in criminal law is that a person cannot be held to be liable for failing to act, unlike someone who deliberately acts. This position is stated by May LJ in R v Miller 1 as unless a duty has been specified by statute or the common law imposes a duty to act in a certain way, then a mere omission to act with nothing more cannot make the person who fails to do something guilty of a criminal offence. However, there are particular categories where liability for an omission can accrue, which will be discussed below, together with various legal academic views either for or against the imposition of a broader form of liability for omissions.
Essay on the evolution of notional duty situations within the public sector
The fundamental mechanism of enforcing private citizen rights within most modern legal systems is to provide a network of correlative duties and rights. Our basic rights, especially with the introduction of the Human Rights Act 1998, are more than often arbitrated over by public sector bodies. The use of tort and judicial review for private citizens to enforce the duties such as housing, racial, sexual and disability equality, educational, religious, social, transport and many others has fluctuated throughout the 19th century.
Essay on the use of rhetoric
This essay will examine the use of rhetoric from excerpts of Lord Bingham’s first opinion in the case of Pretty v. DPP. The term rhetoric is defined as the ‘art of persuasive and effective’ language used in oratory or writing. In the context of analyzing a legal judgment, this paper will discuss how structure, style, tone and language are used to create a powerful and convincing judicial verdict.
