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Effective Analysis of Legal System

University: Regent College London

  • Unit No: 12
  • Level: Undergraduate/College
  • Pages: 8 / Words 1901
  • Paper Type: Assignment
  • Course Code: R/508/0486
  • Downloads: 564
Question :

The scenario of this report is based on legal areas and jurisdiction practices that determines effective analysis of legal system. The analysis of this report covers:

  • Evaluate the jurisdiction, any limitations and the area of law as well as develop a search strategy.
  • Analyze information through secondary information sources based on legal practices.
  • Determines different information sources in order to gather relevant information.
  • Discuss the case law in appropriate context.
  • Provide reflection upon overall research.
Answer :
Organization Selected : -

Part A: Research Plan

The purpose of the research plan is to guide you through the process of finding useful information sources for the preparation of your case note. Secondary sources discussing the prescribed case, and related area of law, will assist your understanding and enable a thorough contextual analysis of the case. Answers can be provided in dot point format (where appropriate) using the template below. Adjust the tables as required. Read your assigned case before commencing this part.

1. Analyse the topic and construct a search strategy

a) Briefly outline the scope of this research task, including the jurisdiction, any limitations and the area of law involved

This research task will help in the better handling of the operations that are been taken in consideration by the firm. The Jury law is one of the major law that is been taken in consideration by the organisation which will help the firm to gain a good idea about the different sort of cases that are been taken in consideration in the legal system. The research task will help in the better handling of the operations that are been taken in consideration by the effective management of the operations that are been taken for the rectification of this case. The Jury Act 1995, will see through the effective rise in operations that will support a good management of the operations that will support a good rise in the understanding of the legal measures that will help in suitable management of different operations that will help in effective assessment of jurisdiction and its limitations. This involves the major areas of the jurisdiction law like the perception of the juries towards the better rise and management of the actions. The main limitation in this is that the perception and mindset of each individual jury member is unique towards that case and appellant that cause the verdict to get altered and changed. Besides this, the major drawback is that the jury has to see through the fact that the appellant has the fair chance to present his point of view and outlook. Besides this, the voting that is been performed by the jury members has to be highly confidential in order to maintain the integrity and effectiveness of the actions that are been taken in consideration by the organisation.

This case will involve the better assessment of the different areas that are been involved within the law. The present case is associated with the person named Gordon J, facing the charges of raping a woman and is presented in the District court of Queensland by judges and Jury. The voting pattern is been looked after by legal system where the actions of the judge and total placing of          fair trail is been under question. Besides this, the judge and Jury is deeply confused that whether the sexual intercourse which took place was forcibly done or is been considered as the consent of complainant to appellant. Thus, this situation has led to a condition where the jury are yet to decide that whether the appellant is guilty or not for a fair trial

b) Identify potential search terms (keywords) relating to the key issues in the prescribed case. Outline alternative words such as related broader and narrower terms, synonyms and spelling variations, where appropriate. Consider using truncation, phrase searching and connectors. The case name and associated citations can also be used as search terms.

Concept

Search terms

Alternative/related terms

Connect search terms together

Rape

Rape

Sexual intercourse, Sexual Harassment

Rape is a sexual intercourse or harassment that is been done forcibly, without consent of the person.

Jury

Jury

Legal panel, committee,

The Jury or the legal panel is the committee that will look after the verdict or jurisdiction in a legal trial. They support a good handling of the cases and give out their opinion that mould the verdict or jurisdiction by the judge.

Fair trial

Fair trial

Procedural fairness

The procedural fairness will help in execution of a fair trial.

2. Search for secondary information sources

Use law databases and other resources to search for secondary source information related to your prescribed case or the associated legal issues. Ensure you include looseleaf criminal law commentary services, scholarly law journal articles and websites in your searching (as required for question 3). Briefly describe your search process, including resources used, search methodology, an overview/summary of results and how you refined the search where necessary.

Database or other resource used

Overview of search process (methodology, search terms etc)

Overview of results


Federal Criminal Code

Detailed assessment of the different criminal activities and cases that are been taken in consideration by the organisation.

 

 

It involves the various information about the federal rules and codes that are been related to criminal procedures. It involves Crimes Act, 1914 (Cth)

Crimes Act Offences

 

Jurisdiction is been delivered on basis of these laws.

 

 

 

 

Involves the detailed legal procedure that involve murder, mayhem, intent to rape, theft etc.

Procedural and Other Legislation

 

Looking after the better and fair execution of legal procedures in a court.

 

 

 

Improved the functionality of the jurisdiction process and improves its effectiveness.

Tips: Online looseleaf criminal law commentary services include: Carter’s Criminal Law of Queensland (Lexis Advance), Indictable Offences Queensland (Westlaw AU) and Summary Offences Queensland (Westlaw AU). To locate scholarly law journal articles, consult online case law research products (e.g. CaseBase Cases, FirstPoint or LawCite) to check whether there are any citations to journal articles referring to your assigned case and use an online law journal index such as AGIS Plus Text (Informit).

3. Information source evaluation

From your search results (located as part of question 2 above), select one looseleaf criminal law commentary service paragraph, one scholarly journal article and one website resource that discuss your prescribed case or the associated legal issues. In the table below, cite these sources in the correct Australian Guide to Legal Citation footnote format. Then briefly evaluate these three sources using the REVIEW criteria outlined in Module 5: relevance, expertise of author, viewpoint, intended audience, evidence, when published. 

 

AGLC footnote reference

Brief evaluation of the source

Source 1: Looseleaf commentary service paragraph

http://guides.library.uq.edu.au/c.php?g=210386&p=1469021#s-lg-box-wrapper-5249998

 

It helped in the better development of the actions that are been developed by the jury.

 

Source 2:
Scholarly journal article

Clarke, J., 2015. An overview of the Australian Law reform commission's recommendations to reform native title law and practice. Brief42(11), p.52.

It helped in developing a good insight about the reforms that can be taken in legal operations in the company.

 

 

Source 3:
Website resource

http://www2.lexisnexis.com.au/sites/en-au/products/federal-criminal-law.page

It helped in developing a good insight about the federal criminal laws and its various components.

4. Case law in context

Consult the entry for the prescribed case in the online case law research products CaseBase Cases and FirstPoint. Briefly summarise how subsequent cases have treated the prescribed case. Has the prescribed case been widely reported in law reports series?

The subsequent cases are quite related to the legal obligation that have been taken in consideration by the firm; this will help in better rise in understanding of various actions that are been followed by the enterprise. From the analysis, it has been found that such cases are very less reported in the law reports.

5. Reflection

Reflect on your approach to legal research during this task. Briefly outline aspects of your research that worked well and identify potential areas for improvement.

On the basis of the research conducted, it can be said that there are many areas of improvement in the legal system that are to be taken in the organisation. The jury system of Queensland has to look through the better rise in maintaining fair practices that will help it to meet the operations and handle the legal procedure in a very effective way. The jurisdiction of the firm has to see through having a procedural fairness that will support maintaining of these activities in a better way.

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