As a law student you are likely to come across many law essays questions and law problem questions to test your understanding of legal principles and how to apply them in real life situations. There are different ways to tackle such questions but the most important factor is to heed to the advice of the lecturer or instructor. Law problems are different from essays questions in that they tell live stories about relationships between people and address the issues arising from those interactions using legal issues. On the other hand, essay questions require one to write about a legal principle without any definite method. The most acceptable way of tackling law problem questions is by using IRAC (Issues, Rule of Law, Application, and Conclusion). It helps identify and explain legal principles in a clear manner. It is applicable in the broad sphere of legal writing as well as in application of law such as delivering of judgments by judges and lawyers. This article provides lists of questions in law and legal issues with sample solutions to guide students on tackling such questions.
Questions and Sample Solutions on Industrial Relations in the United States
County authorities in the United States (US) refer to shifting of powers to lower levels of the main state. Precisely, public sector industrial relations get managed by local states, where collective bargaining leads the process. The key players in the industry involve unionized workers, teachers, police and firefighters, and other state employees. It is worth noting that the right to seek collective bargain and the permission to issue strike by unions get determined by both state and case laws. However, the process of jurisdiction interpretation of labor sanctions has suffered confusion and lack of clear set-out procedures. The following questions explores Industrial Relations in United States
- Describe the Public Sector Industrial Relations System in the United States
- Identify and Explain the Main Stages of Public Sector Dispute Resolution
- What is Interest and Rights Arbitration?
- Outline the Guidelines Applied by Interest Arbitrators
- Describe the OSHA Safety Regulation Process
- What are the factors Applied by OSHA in Determining Fines for Safety Violators?
- Identify the Elements in an Alternate Dispute Resolution Process of Non-Union Workplace
- What are the existing Criticisms of Alternative Dispute Process?
- Describe the of Works Councils in Germany
- What are the Purposes of Employee Safety Program?
- Outline the Rights of Employees under the Provisions of OSHA
- What are Responsibilities of Employees under the Provisions of OSHA and their Compliance?
- Identify the Approaches Used by Organizations in Dealing with Employee Stress and Their Criticisms
Questions and sample solutions on the doctrine of Joint Enterprise in criminal law
As a general rule, a person only becomes liable in criminal law for his or her actions or omissions. Liability in this case depends on whether the person indeed played a significant part in the commission of the crime. The court normally tests the mens rea and the actus reus elements of the offence when determining the culpability of the offender. However, in a charge involving the doctrine of joint enterprise, the person may be held guilty of the offence in question for another person’s actions or omissions on the basis of foresight. The question that arises is whether mere association with the offender or presence in the scene of crime is sufficient evidence for a charge under the doctrine to hold water in a court of law. While underscoring this fact, this paper delves into the contentious nature of the doctrine of joint enterprise in criminal law. In doing this, the paper provides a conceptual analysis of the doctrine; the doctrine’s application to capital offences; the common law principles; the evidentiary question of the doctrine; codification; and interaction with other forms of complicity, such as abetting. The doctrine was construed in the case of R v A in three respects. First, according Hughes LJ, joint or common enterprise refers to a situation in which two or more persons join to commit a crime in circumstances which qualify them as joint offenders, as for instance when five robbers confront a person carrying gold. Second, it involves a situation where a person aids and abets another to commit a crime. A good example is where the person gives the other a weapon, which he or she reasonably knows will be used in robbery, or where the person drives the other to a place where the crime will be committed and waits somewhere as a getaway person to enable the other to flee later. Thirdly, the doctrine refers to a situation where the two or more persons participate in committing one crime and in the course of it, one of them commits a second crime which the others had foreseen he or she might commit. In this case, all the two or three persons are liable in criminal law. These three circumstances sometimes overlap. Joint enterprise applies in a number of criminal cases involving accessorial liability. The doctrine is primarily applied in murder, particularly where the accused persons are part of a gang. It may also be deployed in a case involving a shoot-out between two individuals in the process of which an innocent third party is killed. Other cases in which the doctrine may be applied include gang rape and robbery with violence. The following questions explore the concept of joint enterprise in details.
- Explain the concept of joint enterprise
- Discuss general accessorial liability as a type of joint enterprise
- Describe what parasitic liability entails as a type of joint enterprise
- What is the “Fundamental Difference” rule of joint Enterprise?
- Explain Evidential Sufficiency Test as a Joint Enterprise Test
- Describe Public Interest Test as a Joint Enterprise Test
- Identify and discuss the limitation of Joint Enterprise
Questions and sample solutions on food safety in the care homes of UK
The UK care homes provide support and care to the elderly, disabled, and other persons with health issues or the frail within institutions where they receive social and health care (Froggatt, Davies & Meyer 2009, p. 9-10). They provide long-term institutional context care and appropriate avenues where the ageing, and often unfortunate persons, are offered the human necessities. Explicitly, the elderly benefits from provisions such as healthcare, clothing, shelter, and food. Most importantly, food is a major human necessity and for the need to be satisfied, it is required in the right amount and quality or standard. By 2009, UK had about 15,700 care homes that provided social and health care to an ageing population of above 400,000 people (Froggatt, Davies, & Meyer 2009, p.12). Due to regular inspections and regulatory requirements on environmental and safety issues and introduction of nationwide minimum standards led to the collapse of non-compliant care homes (Netten et. al 2002; cited in Froggatt, Davies, & Meyer 2009, p.12)
According to Wallace, Sperber, and Mortimore (2011, p. 12), due to the projected increase in human population, there is a likelihood of increased challenge in providing sufficient and reliably safe supply of food. Ideally, from the global perspective, it becomes easier to trickle down to the care home settings to understand the food provision challenges, which are; sufficiency and safety. Notably, food safety issues occur because of flouted processes and conditions during the food production and distribution stages. For instance, a study of the Turkish dairy products revealed that the products could be hazardous if processed under non-conforming conditions (Karaman et. al. 2011, p. 732). Therefore, the UK care homes are not excluded since they are likely to depend on food suppliers who produce or distribute food in non-conforming standards.
The food safety concern that affects the UK care homes is attributed to a systematic reality that food is handled by many before it reaches the final consumer. Notably, the risk to food safety is imposed by a variety of factors that include emergence of more complex and longer chains of food (Bas, Yuksel & Cavusoglu, 2005, p. 129). That inevitably calls for many food handlers. Before the food is given to the elderly in the UK care home it is certain that some supply chain has been followed. If proper quality standard are not adhered to, the consumers risk their health because of contaminations. Ball, Wilcock, and Aung (2009, p. 201) supposed that food safety compliance require implementation of food safety management system (FSMS). The document added that FSMS demands risk-based analysis using Hazard Analysis Critical Control Point (HACCP) and good manufacturing or hygiene practices (GMPS/GHPs). In sum, UK care homes provide essential food for the elders; however, food safety still exists as a challenge. The questions below discuss the key topics around food safety in the care homes of UK.
- Provide a summary of home care services in UK
- What are the impacts of food safety in home care services in UK?
- Identify and discuss the global food legislation and regulations
- Explain the status food legislation and regulations in UK
- What is Food Safety Management System (FSMS) and its implementation in UK?
- What is safer food better business (SFBB)?
- Identify the benefits of FSMS
- Highlight the challenges and barriers to compliance with food safety regulations