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Question 1
(a) Identify and explain the main sources of law in the English Legal System. You should give examples where appropriate.
[10 Marks]
(b) Explain why it may be necessary for judges to interpret statutes. Using examples to explain the different approaches to statutory interpretation.
[10 Marks]
(c) How, if at all, has the enactment of the Human Rights Act 1998 impacted upon statutory interpretation? Use cases to illustrate your answer.
[10 Marks]
(d) Explain the doctrine of stare decisis giving examples where appropriate. Identify the strengths and weaknesses of the system of binding judicial precedent.
[10 Marks]
TASK 2: Corporate Criminal Liability
a) What exceptions are there to the general rule that a corporation can be criminally liable?
[10 marks]
b) What difficulties arise when using the principle of identification to decide whether or not a corporation should be criminally liable?
[10 marks]
c) Why is it considered necessary and desirable to make corporations liable for criminal wrongdoing?
[10 marks]
Now read the following case:
Worcester Ski and Snow Ltd is a company that owns and operates ski and snowboarding centres across the West Midlands. The company has a board of directors and a managing director. In addition, each ski and snow centre has a manager. The board operates very tight controls over the amount to be spent at each centre on general maintenance and centre managers who overspend know that they face dismissal. Many of the centres have ski and snowboarding jumps. The board of directors has never issued any directions about safety or the level of supervision for use of these jumps. At one of the centres there have been no maintenance checks of the jumps and several of the jumps have become unsafe. The centre does encourage the use of helmets for participants, but the centre manager has not instructed staff to ensure that they are used at all times. Suzie, aged 13, attempts one of the faulty jumps without wearing a helmet and without supervision. As she is approaching the top of the jump the 30-foot structure collapses, causing Suzie to fall. She dies of her injuries immediately. The problem with the jump would have been discovered if there had been a maintenance check in the last year.
d) With reference to statutes and decided cases, advise Worcester Ski and Snow of their criminal liability (if any) for the death of Suzie.
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