The Legal Process Assignment Brief
Assessment Information This assignment is designed to assess learning outcomes:
1.Demonstrate an awareness and understanding of the nature and functions of criminal and civil law;
2. Demonstrate a critical awareness and understanding of the sources of law, the structure of the courts and other legal tribunals, together with the personnel involved in them;
3. Demonstrate a critical knowledge of the rules of procedure and evidence in criminal, civil and family law cases, and more particularly the role of the expert witnesses;
4. Evaluate and apply the rules of procedure and evidence in hypothetical situations in different legal proceedings but with particular reference to the role of expert witnesses.
This assignment is an individual assignment. This assignment requires you to answer the questions relating to each of the two scenarios below. In answering each question, you are required to refer to the relevant legal authorities.
Scenario 1:
Robert, aged 20, and Paul, aged 16, are brothers. Their father Richard had often been verbally abusive and physically violent to both brothers, especially when he had been drinking. Two weeks Robert, who no longer lived in the family home, went to visit Paul there. During Robert’s visit Richard came home drunk and became verbally abusive to Robert. Richard punched Robert, who then punched Richard, and knocked him to the ground. While Richard was on the ground, both brothers kicked him in the head several times, and he became unconscious. Robert then called an ambulance, and Richard was taken to hospital. Richard later died in hospital from his head injuries. Paul has a history of self-harm, and it appears that he may have been suffering from depression at the time Richard was killed. Paul and Robert have been charged with murder.
a. Explain the constituent elements of the offence of murder, and outline any partial defences which may be available to Robert or Paul;
b. Explain the relevant rules in respect of any expert evidence which might be given at the trial of Paul and Robert.
Scenario 2:
Consider the facts again in Scenario 1, but this time after Richard’s attack on Robert the two brothers did not use any violence against him. Paul moved out of the family home and went to live with Robert. There has never been a criminal prosecution of Richard for any of his violence towards his sons. Some weeks after Richard’s last attack on Robert, Robert reported it to the police, and told them about Richard’s previous attacks on himself and Paul. However, the Crown Prosecution Service concluded that there was insufficient evidence to proceed with a prosecution. Robert has heard that he and Paul might be able to bring a civil claim against Richard for the tort of trespass to the person.
Explain the tort of trespass to the person, and outline the civil process relating to it.
Criteria for Assessment
Your answers will be assessed in relation to the accuracy of your knowledge of the law, your use of appropriate authorities (case law and statutory provisions), your practical application of the law, the clarity of your writing, and the accuracy of your referencing.
Word Count
The word count is 2000. The word limit includes quotations, but excludes the bibliography and footnotes. There will be a penalty of a deduction of 10% of the mark (after internal moderation) for work exceeding the word limit by 10% or more.
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