Last minute Law forgotten points

Question 1

What act is an example of an omission due to act of parliament?

Answer 1

Children and Young Persons Act 1933

Question 2

What case defined intent for mens rea?

Answer 2

Mohan

Question 3

What are the types of intent?

Answer 3

Direct and indirect eg Matthews and Alleyne (thrown off bridge)

Question 4

What case set out the criteria for strict liability?

Answer 4

Gammon (Hong Kong) LTD v Attorney General for Hong Kong

Question 5

What is the criteria for strict liability?

Answer 5

Presumption of mens rea, truly criminal, statute clearly excludes mens rea, public safety or social concern, encourages greater vigilance

Question 6

What is the max sentence for s47?

Answer 6

5 years, and is the same for s20

Question 7

What are the cases used for battery?

Answer 7

Thomas, Haystead (indirect) and Venna for mens rea

Question 8

What are the cases used for ABH?

Answer 8

Chan Fook, Smith and for Mens rea its Roberts and Savage

Question 9

What is the mens rea for S20?

Answer 9

Maliciously, as defined in Cunningham and Savage, Case example is Parmenter where there was no mens rea

Question 10

What is mens rea for s18?

Answer 10

Malicious and further, specific intent, case example is Belfon and the razor

Question 11

What are the principles behind procedure?

Answer 11

All of the main ones plus the criminal procedure rules 2011

Question 12

What act is to do with bail?

Answer 12

Bail act 1976 gives general right to bail

Question 13

Who pays for duty solicitors, making them free for those who need it?

Answer 13

The legal services commission

Question 14

What act is related to sentencing?

Answer 14

Criminal Justice Act 2003 S142 (regard purposes of sentencing)

Question 15

What financial sentences can Magistrates impose?

Answer 15

Up to £5000

Question 16

What can an appeal judge do?

Answer 16

Affirm, vary or reverse judgements made by trial judge, but won’t change their finding of fact as they weren’t there

Question 17

What act reverses the burden of proof?

Answer 17

Civil Evidence Act 1968

Question 18

What are the cases for res ipsa loquitur?

Answer 18

Scott v London and St Katherines Docks, Mahon v Osborne and Pearson v North Western Gas Board

Question 19

What negligence cases go to the county court?

Answer 19

Under £50000, then allocated to track system

Question 20

What rules are followed with damages?

Answer 20

General principle of mitigation and loss

Question 21

What are the three main areas of general damages?

Answer 21

Pain/suffering/loss of amenity, future medical care/personal assistance, and loss of future earnings

Question 22

What are some examples of guidelines for damages for pain/suffering/loss of amenity?

Answer 22

Infertility with kids is £10000-£20000. Moderate knee injury is £8000-£14750. Blindness in one eye is £27000-£30000

Question 23

What is a case example for future medical care/personal assistance?

Answer 23

Giambrone v JMC Holidays

Question 24

How are damages for future loss calculated?

Answer 24

Claimant net annual loss x earning years left

Question 25

What act is involved with calculating future loss?

Answer 25

Damages Act 1996-takes into account expected rare if return from investments

Question 26

What act is involved in payment of damages?

Answer 26

Damages Act 1996-structured settlements