MELS LAWS Legal Buffet

Sentencing Guidelines for Magistrates https://www.sentencingcouncil.org.uk/the-magistrates-court-sentencing-guidelines/

Issue SUMMARISE THE CASE IN ONE SENTENCE ISH IN QUESTION FORM. Rule RULE 1-3 SENTENCES PAST RULES/CASES Application/Analysis      Apply facts to rules. 3-5 SENTENCES APPLYING RULES TO THE FACTS OF CASE. THIS IS THE DEBATE/ARGUMENT ON BOTH SIDES PART. GOING BACK AND FORTH. Conclusion 1 and 2 FINAL ONE SENTENCE Refer to notes for exact instructions on word count and what elements to include in each section.

Common Law Concept of Negligence: Reasonable care – is based on a hypothetical person and not the defendant.  The legal test is an objective test on how a reasonable person would act. A reasonable person would take precautions against foreseeable risk but not against every every conceivable danger. A reasonalble person considers the likelyhood of harm and the severity of any consequences. A reasonalble person would also adopt affordable precautions to prevent against mishap, accident or injury. Undergo cost-benefit analysis that they would apply. If the person is an Engineer, Lawyer, Dr or other professional then the reasobale care standard is not applied but a higher standard would apply. A professional is reasonably competent and experienced, whatever level of experience. So even if a person puts themselves forth as being professional or trained in a particular field then they are to be held to the standard of a reasonably competent and experienced Dr or Lawyer etc, but f