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Original poster

OK 2000 words on law

55 replies

Scramble · 05/04/2008 21:35

So do I get on with it tonight or say feck it as I am pissed and full of the cold and tackle it tomorrow, I really need to finish it tomorrow and just putting it off by being on here.

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Original poster

Scramble · 05/04/2008 23:11

I am only on my third glass but combined with flu druggs I am flying .

We don't seemed to have covered much criminal law it was all about suing and ef never did manslughter apart from a small mention of the new corporate manslaughter act. So not sure where they are expeting us to go. I am concentrating on applying the laws and stuff we have covered, step by step.

Doesn't help that I am in sctland and it is english law we have to apply, so having to find all resources on line, library full of scottish law.

Any links online for full copies of laws mentioned, I think I only have extractes, either that or documents of laws are a lot shoter than I though they would be .

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avenanap · 05/04/2008 23:14

Ahh, that's a problem. I'm English Law. have you been for a tutorial with the tutors so that they can point you in the right direction?

Original poster

Scramble · 05/04/2008 23:21

Had tutorial last month, it is a distance learning course. So no chance of cathing law man again. I am happy with the direction to take, its just abugger it is all english law, I did point out that 25% of the students are scottish and working under scottish law, but hte degree is based at a english uni and covers english law, same as witht eh security indusrty liceneses the doorman have to be study and be tested on english law even if in scotland .

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avenanap · 05/04/2008 23:27

Ok. There is a training course that door men have to go and do in order to get registered. I don't know what happens under english law if they are not. Which bit are you having the most problem with?

Original poster

Scramble · 05/04/2008 23:30

I know all about the security indusrty door supervisor bit.

I need full copies of the laws I have mentione to reference to and some cases to refer too also, found cases relevent to the laws but don't seem relevent to this case.

Don't know anything about manslughter, mens rea seems to be a big part of it but its not mentioned anywhere in the course notes or lectures. Sounds like a urinary problem to me

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Original poster

Scramble · 05/04/2008 23:32

I don't know if it is a criminal law to have unlicensed doormen, or civil? So I don't kow all about it

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Original poster

Scramble · 05/04/2008 23:32

Am I right if they can imprison you it must be criminal?

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avenanap · 05/04/2008 23:33

There's no mens rea with manslaughter (it's similar to murder only no intent). Hold on a minute, i'll get my stuff. Urinary consists of urinary tract infections, kidney infections..... sorry, have had nurse training aswell, couldn't help myself.

Original poster

Scramble · 05/04/2008 23:36

LOL OK I have lost it I thought the mensrea was fromthe manslaughter laws, to do with intent or sommthing

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avenanap · 05/04/2008 23:46

Ok. Actus rea is the act itself, mens rea is the mental element, the intention to do the act. To qualify as murder the offender must have had to kill someone and to plan it before (mens rea). In manslaughter, there is an act of killing but no thought behind it (ie, hit someone over the head and they die but the offender didn't intend to kill). In you essay case, the actus reus can be down to someones actions which cause an unintentional death or, in your case, someones inactions, as in the case of R v Pitwood (1902)19 TLR 37, where pitwood had a contractual duty as a railway crossing keeper but had omitted to close the crossing gate, which resulted in someone dying on the crossing when a train collided with a horse and cart. He was found guilty of manslaughter.
in your assignment there is possible causation, ie, would the person have died without the defendents act/failure to act. This is essential in actus reus.

Does this clear this up a bit or are you more confused?

Original poster

Scramble · 05/04/2008 23:52

Yes and yes, might make more sense in the morning though, thankyou for your paitence

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avenanap · 05/04/2008 23:57

Don't thank me, thank the bottle of wine I have almost finished. It will make sense tomorrow, look at the case on westlaw and see how it applies to your assignment.

You have causation (the man wouldn't have dies if the accused had not have locked the doors), there was a actus rea in locking the doors but no mens rea as he did not intend to kill anyone. Use the case to back up what you have said.

MarsLady · 05/04/2008 23:58

Original poster

Scramble · 05/04/2008 23:59

What was the westlaw case?

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avenanap · 06/04/2008 00:01

Can only speak a bit of french, the english isn't too bad, I used to teach medical students when I was a student nurse (this confused me a bit ). Just send me a bottle of wine if you need some help, I work better drunk (it's a good job I failed my GAMSAT to get into medical school!)

avenanap · 06/04/2008 00:01

R v Pitwood (1902)19 TLR 37

MarsLady · 06/04/2008 00:01

Yes... what was the westlaw case?

Original poster

Scramble · 06/04/2008 00:02

BTW that makes it a lot clearer.

Unlike our lecturers. Law guy is dead laid back and wants it all simple in report or essay form he is not fussed. Other guy above him says no it must be an essay and we should be refering to indepth books, more indepththan the nutcases, which I looked at and thought it was a bit more than I need. Wish they would make up their minds, been like this all through the course and I am fed up playing guessing games. OK rant over

Don't think I will get top of the class for this assignment

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avenanap · 06/04/2008 00:02

R v Pitwood (1902)19 TLR 37 It's the one about the level crossing, see above.

Original poster

Scramble · 06/04/2008 00:04

thank you

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avenanap · 06/04/2008 00:06

I tend to ignore the books and head to westlaw unless the cases are old and well known, the law changes so quickly that the books don't always keep up. You should aim for a couple of cases per point with comments from the judges in the summing up that support your assignment case. Always say that there are cases that contradict these judgments and what they are, the ones from the higher courts will over rule the ones from the lower ones so look for house of lords judgments before court of appeal.

Original poster

Scramble · 06/04/2008 00:14

What is westlaw? Am i beinbg thick.

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avenanap · 06/04/2008 00:21

It's a website with a load of law cases on it. You should be able to access it through your University library facility. Lawtel does the same thing aswell. It's kind of a legal search engine, you tell it what type of cases you are looking for and it finds the ones you need.

Original poster

Scramble · 06/04/2008 00:25

Ah i see Iwill have look tomorrow,until

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Original poster

Scramble · 06/04/2008 10:49

If any one feels helpful

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