Got a tricky question? Receive an answer from students like you! Try us!

The Case Analysis Written Assignment for Stewart v Secretary of State for Scotland 1998 SLT 385 - Essay Example

Masters
Author : eichmannmozell
Essay
Law
Pages 10 (2510 words)
Download 12

Summary

Case Analysis stewart v Secretary of State for Scotland 1998 SLT 385 Appellant’s Argument Appellant’s argument focused on his assertion that the Senior Judges misinterpreted the word “inability” and that the conduct of the administrative inquiry against him was marred by procedural impropriety…

Extract of sample
The Case Analysis Written Assignment for Stewart v Secretary of State for Scotland 1998 SLT 385

Appellant contends that the narrower interpretation of the word “inability” is “supported by earlier legislation inasmuch as it produced a comprehensive code for sheriffs principal who demitted or were removed from office because of physical or mental infirmity”. He further asserts that if the wider interpretation is to accrue “an anomalous result would be reached”. He clarified that the word “inability” is not intended to mean “unfit for duty due to behavioural infirmity” as used in his case but to describe the natural consequence of not being able to perform a sheriff’s duty due to health reasons or disability. Appellant likewise assert that the Lord President and the Lord Justice Clerk erred and committed procedural lapses in their investigation. He asserts that he was not properly informed of the actual charges against him and that the charge was “inability” rather “than misbehaviour” or “defect in character”. He further contends that he was not given the opportunity to face and respond to the allegation of the Lord President and the Lord Justice Clerk’s sources. ...
Download paper

Related Essays

Commonwealth v. Louise Woodward, 427 Mass. 659 (1998)
The murder trial of Louise Woodward began on October 6 1997. The trial lasted for three weeks after which the sitting judge instructed the jury with regard to first and second-degree murder. The instructions concerning manslaughter were not given since Woodward has asked the judge to leave them out. On 30 October, Woodward was found guilty of second degree murder and was sentenced to life in prison. After a post judgment relief motion by Woodward on 19 November, the judge reduced the sentence initially given by making the charge manslaughter. Woodward was then sentenced to 279 days that the…
3 pages (753 words)
Summative Written Assignment
The paper will explore the legal principles involved in the case with the aim of offering a legal advice to the employee. Facts of the case Mathew, an employee of pharmaceutical company, Medx ltd, was recently involved in an accident. He has worked as a warehouse operative for the pharmaceutical company for over 20 years. The company deals in and store heavy boxes containing its goods. Based on the scope of its operations, the company’s policy is that its employees are supposed to wear protective helmets while on duty. In December 2011, Mathew who was in good health and had never been…
6 pages (1506 words)
Routledge v McKay Case
The buyer went away for considering his options and returned on October 30th to finalise the purchase. The contract for the sale was drawn up in writing on October the 30th but it did not mention anything about the year of manufacturing. Moreover, the written agreement ended with the contractual term that paying thirty pounds meant the end of the transaction. The buyer later found out that the motorbike had actually been manufactured in 1931 and not in 1941 as the documents expounded. The claimant (being the buyer) later went to court to appeal against possible fraud and warranty issues. The…
3 pages (753 words)
Brief the case of State v. Stark, 832 P.2d 109 (Wash.App. 1992)
During the period from June 30, 1988 to October 3, 1989, the Clallam County Health Department’s staff met five times with the defendant, during which the defendant went through broad guidance about his infection. He was instructed regarding safe sex, the danger of dispersing the infection and the need of letting his partners know about his disease prior to engaging in sexual practice with them. The Clallam County Health Officer, Dr. Locke on October 3, 1989, after discovering that the defendant has neglected his advise and was engaging in unprotected sexual practice, issued a cease and…
3 pages (753 words)
Case Analysis: R v Chaouk [2013] VSC 48
This led to the decline by the Victoria legal aid to make a submission of the case after they were invited to do so by the court ‘R v Chaouk [2013] VSC 48’.The tasks as enumerated by the trial judge superseded was could easily be understood as provision of administrative assistance to the legal counsel acting in cahoots with the plaintiff. In his ruling the trial judge lay more emphasis on the important role that the solicitor would be playing including cross examination of the key witnesses in the case, forensic examination and decision to be made in the running of the trial plus all…
9 pages (2259 words)
Juvenile Justice Written Assignment
He believes that the kid will improve if given much support and attention when released from the court in order to avoid being reoffended. The defense attorney also believes that the kid can be involved in more productive activities of his family and society in order to make the best use of his energy and efforts. When the kid is engaged in constructive activities of the society, this will help him to divert his energy in helping the society. This will also help Marquese in doing constructive activities thereby developing life skills which may further help him avoid the criminal activities by…
3 pages (753 words)
Seigel v. Merrill Lynch Case Analysis
As a matter of fact, Seigel was obliged to make these payments anyway. There was no reason for him to stop making these payments. It is also a fact that he had given instructions to Merrill Lynch to stop payment against the checks issued by him to the casinos against gambling chips. However, the court ruled that since Seigel had not suffered any actual loss and the checks were payments rightfully made in view of his gambling dues, Merrill Lynch could not be convicted for any wrong doing.…
2 pages (502 words)