Explain the role of magistrates in the justice system. Discuss whether magistrates are effective in the delivery of justice.
Dr Brown is a surgeon and a football fanatic. One Saturday afternoon Dr Brown is scheduled to perform an operation on Martine to remove her appendix. Dr Brown`s favourite football team are playing in a very important match that afternoon. One of the nurses has been able to stream the game to his phone and it is on in the background whilst Dr Brown is performing the operation. When Dr Brown`s team scores the winning goal he jumps with excitement, his knife slips and he cuts Martine`s bladder. Martine suffers damage as a result.
Martine`s daughter and her husband go to the hospital to visit Martine that evening, leaving Martine’s 15-year-old son, Michael, home alone. Michael decides to visit Paul`s off-licence and buy some vodka to share with his friends. Michael is very tall, looks older than 15, and is wearing the football shirt of the team that won that afternoon. Paul asks Michael if he is over 18 and he says he is. Paul sells the vodka to Michael and they have a quick chat about the football. Selling alcohol to persons under the age of 18 is a strict liability offence.
Explain whether Dr Brown is likely to be held liable in civil law for the damage to Martine`s bladder. For the scenario involving Michael and Paul, explain what is meant by strict liability in criminal law and state whether Paul is guilty of the offence of selling alcohol to a person under the age of 18.
Explain how you have used a specific piece of feedback from your tutor on TMA 02 in your preparation for this TMA.
TMA 03 tests the following learning outcomes:
Knowledge and understanding:
- explain the role of magistrates and discuss their effectiveness
- explain and apply the concepts of civil liability and strict liability.
- identify the characteristics of a legal argument
- select and apply legal principles and legal authority in a logical and coherent way
- appropriately cite and reference primary and secondary sources of law, and other legal information
- respond appropriately to feedback received from previous work.