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Law Coursework: Introduction to Law and Legal Theory
Coursework Instructions:
with a judgement from a case study, proceed to answer the question in oscola style
1. do you find the court's decision to be convincing? give reasons for your answer
additional note:
- You are reminded that this is an assessment of Introduction to Law and Legal Theory.
The answers to the questions can be found by reading and reflecting upon the case of
N v ACCG and Others [2017] itself.
- it is not necessary for you to follow up any of the legislation referred to in N v ACCG
and Others [2017] nor is it necessary for you to read any previous case mentioned in
the decision
Coursework Sample Content Preview:
Introduction to Law and Legal Theory
I find the court’s decision to be convincing. First, Section 5 of the 2005 Act gives the court general authority to act in P’s best interests. In the case of N v ACCG and Others, there was a dispute and the need to bring the matter to court. Otherwise, if there had been a dispute, then there would have been no need to make an application. As seen in the court’s decision, the court has the jurisdiction to make any of the declarations provided in the 2005 Act. However, the question is not solely one of jurisdiction but how the court should handle the case in light of its limited powers. Hence, in this case, the application would be held through independent investigation and mediation, after which modifications would be made to the care plan.[[2017] UKSC 22, [2015] EWCA Civ 411.] [[2017] UKSC 22, [2015] EWCA Civ 411.]
Second, the court applied the inter...
I find the court’s decision to be convincing. First, Section 5 of the 2005 Act gives the court general authority to act in P’s best interests. In the case of N v ACCG and Others, there was a dispute and the need to bring the matter to court. Otherwise, if there had been a dispute, then there would have been no need to make an application. As seen in the court’s decision, the court has the jurisdiction to make any of the declarations provided in the 2005 Act. However, the question is not solely one of jurisdiction but how the court should handle the case in light of its limited powers. Hence, in this case, the application would be held through independent investigation and mediation, after which modifications would be made to the care plan.[[2017] UKSC 22, [2015] EWCA Civ 411.] [[2017] UKSC 22, [2015] EWCA Civ 411.]
Second, the court applied the inter...
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