Critically discuss the role of magistrates as lay people in the legal system and whether this role is best served by lay magistrates or professional judges hearing cases in magistrates’ courts.
Question C: (50 Marks 1,000 words)
Critically discuss, by reference to case law, how English courts decide when it is necessary to refer a point of European law to the Court of Justice of the European Union for a preliminary ruling under Article 267 of the Treaty on the Functioning of the European Union.
Students will be expected to be able to:
Explain the structure and working of the English legal system and the role of the judiciary, the jury, magistrates and the legal profession by engaging in critical analysis of these areas; Critically analyse processes, sentencing policies, appeals, as well as the processes of dispute resolution introduced in ELS I.
Demonstrate a deepening and refinement of the knowledge of the relationship of the domestic legal system and European Union gained in introduced in ELS and LM I by engaging in critical analysis and evaluation of the relationship of these systems; Demonstrate a honing and development of the skills of legal writing and recognition of the relevance of ethical considerations introduced in ELS and LM I ? Demonstrate a critical reflection upon the topics.
Referencing and academic offences.
You must make sure that all the sources are properly referenced.
All law students to use Oxford Standard for Citation of Legal Authorities (OSCOLA). Failure to provide references may constitute plagiarism which is a serious academic offence.
Furthermore, should you submit work that is similar or identical in content to that of another classmate, you could be guilty of collusion (another serious academic offence).
Both plagiarism and collusion are forms of cheating – serious academic misconduct which has to be reported to the Solicitors Regulation Authority and the Bar Council and which may prevent even a successful law student from being admitted into the legal profession.
