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Topic:
Introduction to law and legal theory. Law Coursework.
Coursework Instructions:
read the case judgement and answer in oscola style:
1. how did the court reach its decision in the case?
Coursework Sample Content Preview:
Introduction to Law and Legal Theory
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Course
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Introduction to Law and Legal Theory
The MN case was one of the many controversial ones involving a case with individuals who are not in a position to make the best decisions for themselves. Often in such cases, the disabled individual is usually assigned a professional to stand in for them and make the decision for them. However, it is worth reiterating that this decision-maker has to make decisions that the disabled individual would make were they not in their present unfortunate state. The contention often arises when the decision-maker comes up with decisions that relevant authorities do not find appropriate. It is at this point that contentions often arise, and the law becomes grey in some areas.
In the case of MN, a mentally challenged young man, trial judge Eleanor King J established care proceedings after it emerged that MN’ family was not only unable to take of him properly but were also not willing to cooperate with authorities to give the disabled boy the best care available. Apparently, Bracewell, MN’s father, had a long history of not being cooperating with authorities in various cases. Therefore, the local authorities issued proceedings in the court of protection seeking order to let MN stay in a caring home and receive all the care that comes with such facilities and the regulation of the contact by his parents as directed by local authorities. It was not until the court allowed authorities to move him into the care home that issues started arising, given that he could not make the b...
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