Intersectionality was a prism to bring to light dynamics within discrimination law that weren’t being appreciated by the courts’ (see Kimberly Crenshaw ‘The intersectionality wars’ Coaston, J, Vox, 28th May 2019) With reference to at least one human rights or equality law case, evaluate and respond to the claim that the failure of courts to adopt an intersectional approach conceals injustice.

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Justice, Equality and Society

ESSAY QUESTIONS – SUMMATIVE ASSESSMENT – 2000 WORD ESSAY

N.B. You are not expected or advised to answer an essay question if the teaching material it is based on has not been taught due to the strike action. As the strike is ongoing, we cannot be sure exactly how many topics this will apply to but we will keep you updated as to the implications for your assessment as much as possible. If you do submit an answer based on a topic that has not been taught, please remember that no allowances can be made when marking. Therefore, you do so at your own risk.

1) ‘Equality requires more than restraint from the state. In addition, it calls for a duty upon the state to take positive measures to promote equality’ (Providing Equality: Substantive Equality and the Positive Duty to Provide’ Sandra Fredman 2005)  With reference to concepts of justice and equality, critically evaluate and respond to this statement.

2) ‘Intersectionality was a prism to bring to light dynamics within discrimination law that weren’t being appreciated by the courts’ (see Kimberly Crenshaw ‘The intersectionality wars’ Coaston, J, Vox, 28th May 2019)  With reference to at least one human rights or equality law case, evaluate and respond to the claim that the failure of courts to adopt an intersectional approach conceals injustice.

3) ‘Legal aid is critical to the fairness of the justice system, enabling those without sufficient financial means to participate on equal terms with those that can afford representation.’ ‘The Future of Legal Aid. House of Commons Justice Committee, 2021
Assess this statement critically, with reference to the introduction of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.

4) Critically evaluate the arguments for and against the abolition of stop and search.

5) The Ministry of Justice’s strategic vision for reform is to create ‘a more effective, less costly and more responsive justice system for the public’ (HM Courts & Tribunals Service website).  Critically evaluate and respond to how effectively that vision has been achieved in reference to the tribunal system in England and Wales.

Paul v Constance [1977] 1 All ER 195 is a leading case relevant to which if the three certainties? Explain the facts, the legal issue at stake and the court’s decision. Critically evaluate the court’s decision in the context of certainty of intention

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EQUITY AND THE LAW OF TRUSTS

Assessment Task Detail and Instructions:

Word Limit: 2000 words excluding footnotes, bibliography and other items listed in

Reg 6.83 of the ARU Academic Regulations (Links to an external site.).

Written assignments must not exceed the specified maximum number of words. When a written assignment is marked, the excessive use of words beyond the word limit is reflected in the academic judgement of the piece of work which results in a lower mark being awarded for the piece of work (Regs. 6.81-6.82).

Answer 3 questions from the 6 listed below:

1) Paul v Constance [1977] 1 All ER 195 is a leading case relevant to which if the three certainties? Explain the facts, the legal issue at stake and the court’s decision. Critically evaluate the court’s decision in the context of certainty of intention

2) Emily wishes to make the following dispositions from a trust fund constituted from her estate:

Half of the money is to be used to build a new studio at her local gymnastics club.

A quarter is to be used to develop a new alphabet which she hopes will promote a song in everyone’s heart around the world.

The remaining quarter is to be used to look after her dog and to have a mass said for her at her local church.

Would the above gifts be valid as charitable purpose trusts? If not would they be valid as non-charitable purpose trusts? Provide reasons for your answers.

3) Keech v Sandford [1726] EWHC Ch J76 serves as precedent for the idea that fiduciary duties are strict. Explain the Court’s reasoning in light of subsequent case law.

Assess & critically analyse the accuracy of this statement with reference to any relevant law

Identify 2–3 suggestions on how to improve the budget issue. Explain how governing policies may affect your approach to the budget issue. Explain how public sector funding may affect your approach to the budget issue. Detail your strategy for compiling your budget proposal and how it will address the budget issue.

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Budget Proposal Strategy

Throughout this course, you will work on a budget proposal for a criminal justice agency of your choice. Most budgets have areas that are susceptible to challenge. Your task is to strategize a budget that addresses one such challenging area. This week, you research budget proposals to locate an example of a budget issue and then create a strategy to address that issue in the budget. In Week 4, you will incorporate feedback on your strategy as you create a final budget proposal. In Week 5, you will write a reflection on the budget proposal process.

As you develop a budget strategy and prepare to create a budget proposal next week, perform an internet search for templates and examples of the following:

  • Budget strategy
  • Budget proposal
  • Cost worksheet

Research budget proposals from various criminal justice agencies. These are typically available publicly on the organization’s website or may be provided on request. In your research, look for trends in budget issues. Be sure to look at public sector funding and local and federal policies that impact budget planning.

Based on the budget issue trends you’ve found, select one budget issue that you’ll address in your own budget proposal for a criminal justice agency of your choosing.

Create a 1,050- to 1,400-word budget strategy for a criminal justice agency of your choice. This strategy will inform the budget proposal you create in your Wk 4 assignment. Address the following in your strategy:

Provide an overview of the budget issue you chose and why you consider this an important issue for your selected criminal justice agency to overcome in the budget.

Explain how the budget issue might be different at a different level (i.e., state or local). Would it be applicable?

Explain your approach to the budget issue. Address the following:

Identify 2–3 suggestions on how to improve the budget issue.

Explain how governing policies may affect your approach to the budget issue.

Explain how public sector funding may affect your approach to the budget issue.

Detail your strategy for compiling your budget proposal and how it will address the budget issue.

Draft the cost worksheet that will be included in your budget.

Note: You may wish to organize this assignment in an outline format with tables to make it easier for you to transition information into your Wk 4 – Budget Proposal assignment.

 

Expand on this by criticizing and unveiling to what extent are these wealth orders effective and also look at what else besides tackling Oligarchs and their properties how else are they useful.

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Unexplained wealth orders in the UK: an effective weapon against ‘dirty money’

It will be interesting to look at the mandate by the UK government to crack down on money laundering committed by Russian oligarchs and politically exposed persons in light of recent events with the war and occupation of Ukraine. One of the ways is using wealth orders and seizing property. Expand on this by criticising and unveiling to what extent are these wealth orders effective and also look at what else besides tackling Oligarchs and their properties how else are they useful.

How did “the Secret Barrister (2018)” challenge your assumptions about the main risk factors which can give rise to misscarriages of justice?

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Misscarriages of justice

How did “the Secret Barrister (2018)” challenge your assumptions about the main risk factors which can give rise to misscarriages of justice?

In Barbulescu v Romania, the European Court of Human Rights has ruled that an  employer was not permitted to terminate an employee’s contract for cause for  sending (prohibited) private messages on a work system.   Based on your knowledge of international employment law, to what extent do you  agree or disagree with the above decision? Consider critically the ruling of the ECHR  in the above (Barbulescu’s) case and compare the position of the law in the UK with  the law in your own country.                    

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EMPLOYMENT LAW

Learning Outcomes:

1)  1a. Explain the core principles that underpin employment law as it applies in the UK.  1b.  Critically consider the likely future progress of employment law in the light of its past  development; 1c. Evaluate the formation, operation and termination of employment  contracts in a variety of situations.

2) 2a. Apply your knowledge of employment law to solve practical problems and scenarios  and advise colleagues as to the implications of legal developments, appropriate action and  organizational response. 2b. Carry out in depth legal research on issues relevant to  employment law.

3) 3a Present your work to an acceptable academic standard in writing; 3b. Write  appropriately for a variety of different target groups.

Question 1 compulsory (70 Marks):  
“Concern over the potential unravelling of our existing framework of employment  rights largely revolves around the importance of establishing ‘a floor of rights’ and  setting minimum standards in ensuring a robust contract of employment, degree of  workplace equity, protecting the most vulnerable, and challenging the reliance of  the UK economy on low paid and low skilled work”     Dr. Prior – Plymouth University

Discuss critically within the context of the roles and regulation of Employment Law in  the UK. Support your answer where necessary with relevant academic authorities,  case law, legislation, and opinions of jurists.

Choose one question (question 2 OR 3)

Question 2 (30 Marks):
Jemima started a job at EasyKlean, a chain of dry cleaners, four weeks ago. She  works in a small shop and does not do the dry cleaning herself (although this is done
on the premises). She works behind the till, taking the clothes from the customers  and handing out tickets. She has just found out that she is pregnant, something that
she did not know about when she started work. Her doctor says that it would not be  good for her health or her pregnancy if she continued in her current role as the
fumes from the dry-cleaning fluid could have a bad effect. When she tells her  manager of the pregnancy, he gets angry and says that if he had known that she  was pregnant he would not have given her a job.
a. What obligations does EasyKlean have in these circumstances?
b. What rights and remedies are available to Jemima?

Question 3 (30 Marks):
In Barbulescu v Romania, the European Court of Human Rights has ruled that an  employer was not permitted to terminate an employee’s contract for cause for  sending (prohibited) private messages on a work system.

Based on your knowledge of international employment law, to what extent do you  agree or disagree with the above decision? Consider critically the ruling of the ECHR  in the above (Barbulescu’s) case and compare the position of the law in the UK with  the law in your own country.

In its original form (2012) the National Planning Policy Framework suggested that sustainable development should be seen as a “golden thread” running through both plan-making and decision-taking in English land use planning law. Illustrating your answer with examples, how effectively has this objective been maintained in the subsequent operation of the Framework?

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National Planning Policy Framework

In its original form (2012) the National Planning Policy Framework suggested that sustainable development should be seen as a “golden thread” running through both plan-making and decision-taking in English land use planning law. Illustrating your answer with examples, how effectively has this objective been maintained in the subsequent operation of the Framework?

Explain the application of the opt-out provision provided for collective action under the Consumer Rights Act 2015 and critically analyse whether the introduction of the opt-out provision under the Consumer Rights Act 2015 has provided the necessary protection to the consumers and led to the UK adopting a US-style ‘collective action’ culture.

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Consumer Law-Collective Action

1. Explain the application of the opt-out provision provided for collective action under the Consumer Rights Act 2015 and critically analyse whether the introduction of the opt-out provision under the Consumer Rights Act 2015 has provided the necessary protection to the consumers and led to the UK adopting a US-style ‘collective action’ culture.

Critically discuss the above statement with reference to the institutional make-up of the EU with a particular focus on the legislative process.

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Institutions of the EU

Critically discuss the above statement with reference to the institutional make-up of the EU with a particular focus on the legislative process.

“Criticisms around a democratic deficit in the European Union are unfounded now that the European Parliament fulfils a central role in the EU’s law-making process”

With reference to examples, critically assess how critics of mediation and ADR have addressed the issue of power imbalances.

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Conflict resolution and the state

‘The fundamental problem that constrains the performance of alternative complaint mechanisms today derives from their inability to compensate adequately for the ineffective bargaining position of the individual who confronts large corporations and government bureaucracies.’

With reference to examples, critically assess how critics of mediation and ADR have addressed the issue of power imbalances.