The end of the week! And quite early for a release of my blog.
Today I had one of those marvellous 9am starts (seriously should be a criminal act against students) where we had a wonderful lecture about the loss of control and diminished responsibility, which is a partial defence against murder. And only murder, can’t say that I loosed control after necking down someone’s pint for a bet in a pub (and I know that some of the readers will be disappointed by that fact). The notable change over time is there have been more restrictions for the jurors before they are allowed to take this into account. This could make sense if there has been an abuse of the system, but I wouldn’t be shocked to see a rise in the number of people using this defence over time. There are more people. Not that much of a jump to see an increase in a raw number of people having the issue. The one really great thing about this issue is the fact that I got here the lecturer say this quote out loud: “…his head was fucked up.”
I also had a tutorial in Contract Law today. We just went over the two questions set today, which are based on the concept of consideration. Nothing really that tricky and a simple idea. The only thing to take note off was the limited ways that one can evaluate contract law, there is an exhaustive list (which I am still compiling), which opens the door for analysis. This means that I should be able to tackle any question with this list memorised and a good knowledge of the cases. In regards to considerations, the one thing that you may wish to know is the difference between a conditional gift and a unilateral contract. A unilateral contract would require you to do something. So, let’s say that I would give all my readers $100* if it were sunny tomorrow. That would be a conditional gift. If I said that I wanted you to go somewhere sunny tomorrow; that would be a unilateral contract.
Finally, I had Public Law tutorial today, and it related to my visiting office hours yesterday. We went through some exam answers and what they did well and what needed improvement. However, looking at the workload for the next tutorial. Well, that’s
Today has been a ridiculously long day! I’m really knackered but still, have more work to do to be prepared for tomorrow. I don’t have loads of energy as well so I won’t write a typical length blog. Sorry to disappoint.
Today started with Land Law, and honestly, I really like land law (yes, I’m saying this is about a few modules now, but guess what? I’m really enjoying law more than I expected). I also had a new constraint today, with a fellow course mate who was not feeling well and I told them that I would take notes for them. This meant for the first time, my notes were no longer for myself and had to be legible to someone else. Luckily it was a topic we already started, Registered Land. We covered the favourite classes subject, adverse possession. The one thing I had to remind myself of today, was adverse does not mean hostile all the time. It’s about intention, and this was brought up today when we looked at consequences of adverse possession with both registered and unregistered land. While there is a ton of material that we covered, it is systematic. And that enables me to understand the topic quite quickly. The only other thing we talked about registering titles and started on how to register mortgages, but that we ran out of time.
In the time between my next lecture (apart from lunch), I continued with my contract law material, but not much new to say about that.
I ended the day with EU Law, and it could keep up writing with the lecture (seriously the lecturer talks at speeds excess of 120km/h). Apart from the quick introductory notes about Brexit (which I will avoid writing about) on the future trade bills that the UK is edging towards and how they relate to EU law, we were exploring the general principles of Law in the EU (GPL). The GPL is how human rights became of EU law, without being expressly mentioned in the EU Charter on Fundamental Rights. What makes this topic interesting now is Brexit, but the situation in Poland. I’m not going to go into Polish politics because there are far better authorities on the topic, but the BBC had good coverage on the debate within the EU parliament. If you don’t know much about the issue, I would suggest a quick search on the matter.
That’s it, back to work!
Today was a slightly different Wednesday for me. While I usually just have Equity followed by Tort, today I headed into University quite early and decided to work on Contract Law. Hence I will jabber about my thoughts on it.
I don’t really talk about contract law on the blog, and that’s due to it being an online lecture and that I just spend time reading on it on the tube in bits and pieces. I’m a bit behind on it. Hence I came in early to do some work on it, but the more I read about it. The more common sense seems to apply to it. Nothing seems to be shocking or makes you wonder why did the judge rule that. The only frustrating bit, it’s the fallibility of people not doing things correctly. It is entirely possible that I’ve missed something. However, I do enjoy the format of lectures allowing me to study at my own pace.
After a morning in the library, I was in back with Equity, and we had finally left the terrifying thought of formalities and moved onto the constitutions of trusts. The lecture was entertaining as the cases involved with the topic are just so bizarre that all you can do is smile. They are somewhat unfortunate in some cases, and others make you think, who acts like this? Equity is becoming my favourite topic, slowly but surely.
After Equity was followed by Tort. The, unfortunately, follows straight after Equity, and it doesn’t give you that time to freshen up your mind. The great thing about Tort is that the lectures are really really useful! I always say that it is just about cases and that has not changed. When going through the defences of negligence claims today, I now have a briefcase summary of all the cases that we went through today and all the necessary extra information around them. I am starting to appreciate the case focus in Tort as it helps bring context of the rule that is used by the courts. I’ve continued using the note card method, and in the lectures, I’ve essentially given up writing general notes and just moved onto the cards. The only thing to really notice from the lecture is that you can’t sue our getaway driver for negligence if they crash. Shocking!
Thursday is a real slog, four hours straight of teaching and then a two break followed by two hours of lecture. As I had bit h an EU law tutorial and lecture, I will put them together, followed by land law and finally a brief bit on contract law.
The first EU tutorial was actually great by us diving straight into the content. We examined the nature of the various institutions within the EU and what each institution’s interests are. This helps us looked at the next section of the class, which is the concept of institutional balance and does this lead to a democratic deficit? Just to clarify, an institutional balance does not equate to each institute having the same or equal power. Instead, it is about making sure that each institution is staying within its powers provided by the various treaties and not encroaching on another institution’s powers. If there is overlap (or claim of encroachment), then it is up to the European Court of Justice to determine who can use the power. This links to the democratic deficit as there is lack of participation in the elections of the European Parliamentary Elections and there is no direct say for the people in other areas. In class, some colleagues were okay with this, due to it being a free choice and the supranational state gets it powers from elected parliaments across the continent (it’s not direct democracy). I, however, vehemently disagree and think that if you want to improve participation, then compulsory voting should be enforced. If everyone is forced to vote, then they will have to educate themselves to make an informed decision, nor can people complain about the lack of representation (compulsory voting should also be in the national elections). The lecture was about Brexit, and this is in the news, I would just say as before; treaties matter (I am sure that this will come up again).
Land law can be summed down to two questions. What is the nature of the rights given in regards to the land? Secondly, how was the right created? (What is the formality?) This is to say that process of creating a proprietary right, helps determine whether or not it is a right proprietary means (or if it is one in the first place). I know a tautology of sorts (How can we determine the first question without the second? However, it is important to note that rights are limited to what they can be, and thus the process is vital. Why? Certainty. The more certainty there is, the easier it is to complete a transaction. It’s business and essential business in the UK in the recent history of the last 100 years given the rise of property owners. There are a few exceptions to this, but this is more for a practical sense for government departments not be swamped. The only issue for the exceptions is that those who are most likely to be affected, do not know. So there should be a concerted effort to improve knowledge about this. Maybe a topic in PSHE at school?
Finally, I had an introductory tutorial in contract law. The problem was that I did not read the handouts properly and proceeded to answer the questions for next class… Well, at least the effort will not go to waste.