Legal Issues

THIS IS THE CASE: as we heard from the defendants lawyer, it was about breach of trust so basically he had a neighbour which is Linda reed the claimant had relayed on him and eventually gave a him a card this is because she has an injured leg and wanted to him to take care of her farm and she needed to buy certain equipment’s for the farm too and it’s not possible for her to do it where she did mention that she would pay him for his work but instead he had a partner that is called Rebekah both and spent money on things Linda had not given the consent to use it in that way . Eventually he got arrested by the police where they found money which was around 700 pounds , the defendant was found guilty additional to that he lost his job and his driving licenses and stated that the money would return to her in no time , it was not his first offence , the defendants lawyer also mentioned that he had mental illness and his grandparents passing away had a huge effect on him ,she asked the judge to be lenient his judgement on the case and that her client has reflected a lot for the past months through the trial, the sentence given to the defendant was to work for 150 unpaid working hours and some compensation to the claimant.

make sure that you include and apply the following:

1. The hierarchy of the court system, the role of the Crown Court within this. A diagram of the hierarchy and a description of how this operates. Prove that you know the difference between civil and criminal law, the courts that deal with it and the types of cases heard. Apply this to the court visited and the trial viewed.

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2. The personnel of the court, the work they do and the roles they play in the court proceedings and the outcome of the case. Apply this to the trial viewed and the work done by the personnel in the court that day.

3. The role of the jury. Explain it and state what you viewed on the day, e.g. choosing the members of the jury, swearing in, direction given by the judge, evidence they assessed.

4. The procedure of a criminal trial – apply it to what you witnessed in the case you saw.

5. Identify the area(s) of law dealt with during the trial. Apply the law dealing with all areas of the offence(s) to the facts of the case – deal with it as you would a problem question (IDEA).

6. State the advantages and disadvantages of the court system – including the advantages and disadvantages of the jury, the fact that the counsel is chosen by the solicitor not the defendant, the language used by counsel, binding precedent, interpretation, the appeal system. Apply whenever possible to the trial you viewed.