[Solution]English Legal System Questions and Answers

Question One: Consider the following story and the questions based on it. Mrs Smith claims that one day last year, she saw Dan point a…

Question One:

Consider the following story and the questions based on it.

Mrs Smith claims that one day last year, she saw Dan point a gun in the
direction of his girlfriend and pull the trigger. The gun failed to fire
because the mechanism was faulty, but Dan had not been aware of that until
after he had pulled the trigger. Dan is now being tried for the attempted
murder of his girlfriend, under the provisions of the Criminal Attempts Act
1981. He claims that he did not point the gun in his girlfriend’s directions
alleged and that Mrs Smith is mistaken or is lying. Secondly, he claims that
the act of pointing a gun in this way is not legally capable of falling within
the relevant section of the 1981 Act.

(a) Who has decided whether Dan should be charged for his offence and
by what procedure? [300 words]

(b) Once the case has gone to court, who will decide whether Dan or
Mrs Smith is lying about what happened? [150 words]

(c) Once the case has gone to court, who will decide whether Dan’s
alleged actions are capable as a matter of law of being within the ambit of the
Criminal Attempts Act 1981? [300 words]

Note: You must support your answer with
reference to primary materials i.e. primary authority.

Question Two:

Alisha has separated from her husband. They agreed that they should seek
for divorce but cannot agree on her husband’s contact time with the children,
or on the division between them of some of the furniture in their home.

Alisha has also just been dismissed from her job because she took a day
off to care for her 3 year old son when he was ill. She believes that her
employers have unfairly dismissed her.

In the light of the above facts advise Alisha on: 

(a) The best method(s) of dispute resolution for the problems she
faces.  [300 words]

(b) The advantages and disadvantages of resolving the dispute in this
way. [300 words]

Your answers should

Be clear, precise and accurateNot be repetitiveContain only relevant informationDemonstrate a comprehensive understanding of legislations and case law
(where relevant).Try to use wider resourcesUse OSCOLA referencingInclude a bibliography at the end
The post English Legal System Questions and Answers

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