bluuebunny/crossref_metadata_2025 huggingface dataset:
11. Continuity of employment and TUPE
Authors: Jefferson Michael
Published: September 2018

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses continuous employment and the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE). An employee’s period of continuous employment begins on the day on which the employee starts work. Although continuity provisions normally apply to employment by one employer, there are situations where a transfer from one employer to another can preserve continuity of employment. One such situation is when there is a relevant transfer under TUPE. TUPE acts to ensure that an individual’s contract of employment is transferred in its entirety when the individual employee experiences a change of employer as a result of a transfer.
7. Non-charitable purpose trusts
Authors: McDonald Iain , Street Anne
Published: September 2018

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses non-charitable purpose trusts. The beneficiary principle requires a valid trust to have human beneficiaries. Charitable trusts are the largest exception to the ‘beneficiary principle’. However, there are further ‘anomalous’ exceptions to this rule: monuments: the erection and upkeep of monuments and graves; animals: the upkeep of individual animals; and masses: the saying of private masses. They are ‘gifts of imperfect obligation’ because the trustee does not have to carry out the obligations and there are no human beneficiaries to enforce it. Because they do not satisfy the beneficiary principle, and have no human beneficiary, the courts have taken a strict approach to the categories of purpose trusts.
8. Secret trusts
Authors: McDonald Iain , Street Anne
Published: September 2018

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses secret trusts. Secret trusts allow property to be left to someone in a will without explicitly naming that person. This is achieved by a bequest to a person who has previously promised to hold that property as trustee for the intended recipient. The anonymity provided by a secret trust is important, as all wills are public documents and therefore open to scrutiny. Secret trusts can be either fully secret or half secret. To establish a valid secret trust there must be: an intention to create a trust; communication of that intention; and acceptance of the trust obligation.
9. Implied trusts
Authors: McDonald Iain , Street Anne
Published: September 2018

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter deals with the central issues of implied trusts. Implied trusts can be either resulting or constructive. Resulting trusts fall into two categories, automatic or presumed. Constructive trusts are more difficult to define as the scope of their application seems to have been ‘left deliberately vague’ so that the courts can develop them as needed. There are no formalities for the creation of implied trusts. The law has developed methods of identifying the creation of implied trusts. Implied trusts are particularly important in relation to the family home.
EU Law Concentrate
Authors: Homewood Matthew
Published: September 2018

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. EU Law Concentrate provides essential information on all aspects of EU law, starting with the origins, institutions, and sources of law in the EU. It then moves on to consider supremacy, direct and indirect effect, and state liability. Chapter 4 looks at direct actions in the Court of Justice of the European Union. Articles 258–260, 263, 265, 277, and 340 are examined in detail. The next couple of chapters describe the free movement of goods and persons. The book ends with a consideration of EU Competition law, in particular Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU).
6. Free movement of persons
Authors: Homewood Matthew J.
Published: September 2018

This chapter discusses the law on the free movement of persons in the EU. Free movement of persons is one of the four ‘freedoms’ of the internal market. Original EC Treaty provisions granted free movement rights to the economically active—workers, persons exercising the right of establishment, and persons providing services in another Member State. The Treaty also set out the general principle of non-discrimination on grounds of nationality, ‘within the scope of application of the Treaty’. All these provisions are now contained in the Treaty on the Functioning of the European Union (TFEU). Early secondary legislation granted rights to family members, students, retired persons, and persons of independent means. The Citizenship Directive 2004/38 consolidated this legislation.
4. Unregistered land
Authors: Sayles Victoria
Published: September 2018

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses unregistered land. This is land where title has not been registered at the Land Registry. Proof of ownership comes from an examination of title deeds relating to that land. Identification of any third party proprietary interests burdening a piece of unregistered land cannot be discovered by a search of the land register. Rather, an examination of the title documents and various registers is required to discover their existence. The most important is a search of the Land Charges Register which is made against the names of previous owners, not the property address. Legal interests over unregistered land bind the world, with the exception of the puisne mortgage, which requires registration as a land charge to be binding. Interests covered by the Land Charges Act 1972 must be registered as the appropriate land charge to bind a purchaser. Failure to register such an interest appropriately means that the interest will not bind certain types of purchasers of the land.
7. Covenants in leases
Authors: Sayles Victoria
Published: September 2018

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses leasehold covenants. Leasehold covenants are promises made between a landlord and his tenant, regulating the relationship between them and the way in which a leasehold estate is enjoyed. The covenants may be either express or implied. The nature and extent of liability imposed by express covenants will be a matter of negotiation between the parties. Implied covenants, which can occasionally be expressly excluded from the lease (where it is allowed), may impose burdens on either the landlord or the tenant. Covenants, whether express or implied, may be either positive (eg to repair) or negative (eg prohibiting change of use to the property). Covenants may be enforceable against successor owners of both the leasehold and reversionary interests.
9. Trusts of land
Authors: Sayles Victoria
Published: September 2018

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses trusts of land. The creation of concurrent interests in land generally now occurs by way of a trust of land, governed by the Trusts of Land and Appointment of Trustees Act 1996 (TLATA) and replacing their forerunner, trusts for sale. Trusts of land may be expressly or impliedly created and, where implied, may be resulting or constructive trusts. Key provisions of TLATA 1996 include: ss 6–8 governing the extent of trustees’ powers over the trust property; s 11 governing the circumstances in which trustees have a duty to consult beneficiaries when exercising their powers; ss 12–13 governing the rights of beneficiaries to occupy the trust property; and ss 14–15 governing the right of an interested party to make an application to the court for an order to resolve a dispute over trust land.
12. Easements and profits
Authors: Sayles Victoria
Published: September 2018

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses easements. An easement gives either a positive or, less often, a negative right of use over land of another (the servient land), which must be seen to benefit a dominant piece of land. A right that is capable of being an easement will only become an easement where it has been acquired by one of the recognised methods of acquisition. Easements may arise through express or implied acquisition. Implied acquisition may arise by virtue of necessity, common intention, operation of s 62 Law of Property Act (LPA) 1925 or under the rule in Wheeldon v Burrows (although the latter two methods will not operate in a reservation scenario). Alternatively, an easement may have been acquired out of long use, known as prescription, of which there are three modes: common law, lost modern grant, and the Prescription Act 1832. An easement can be either legal or equitable in status, depending upon which formalities have been satisfied. The status of an easement will determine the relevant rules governing the enforcement of that interest against a third party.
2. Medical negligence
Authors: Samanta Jo , Samanta Ash
Published: September 2018

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter deals with medical negligence and how claims can be brought in the tort of negligence via three requirements: the defendant owed the claimant a duty of care; the defendant’s performance fell below the standard expected; and that the claimant’s injury was caused by the breach of duty. The duty of care in doctor–patient relationships and in ‘good Samaritan’ situations is considered. The Bolam test is discussed, which is used to judge the standard of care expected from doctors (subject to the Bolitho principle), as well as tests to establish causation such as the ‘but for’ test. Relevant cases are cited where appropriate.
5. Abortion and prenatal harm
Authors: Samanta Jo , Samanta Ash
Published: September 2018

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter is concerned with the statutory provisions governing abortion and prenatal harm. It considers the offence of abortion under sections 58 and 59 of the Offences against the Person Act 1861 and section 1(1) of the Infant Life (Preservation) Act 1929, and defences available prior to the Abortion Act 1967. It discusses the ethical debates concerning abortion, exploring ‘right-to-life’ arguments and rights of parties such as the foetus and the father. It also looks at the court’s approach towards adult women who lack capacity before concluding with an analysis of actions for prenatal harm, namely, wrongful birth, wrongful conception, prenatal injury, and wrongful life. Relevant court cases are cited.
7. Organ transplantation
Authors: Samanta Jo , Samanta Ash
Published: September 2018

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter deals with statutory provisions governing human tissue and organ transplantation, with particular reference to the Human Tissue Act 2004. It first considers the position at common law with regards to property in the human body, followed by a discussion of appropriate consent given by potential donors prior to their death or by deceased donors. Organ donation from living persons and ethical issues surrounding organ transplantation are then explored. The chapter concludes by looking at alternative sources of organs, including xenotransplantation and artificial organs. Relevant court cases are cited where appropriate.
Concentrate Questions and Answers Family Law
Authors: Gaffney-Rhys Ruth
Published: September 2018

The Concentrate Questions and Answers series offers the best preparation for tackling exam and assignment questions. Each book includes key debates, typical questions, diagram answer plans, suggested answers, author commentary, and tips to gain extra marks. Concentrate Q&A Family Law offers expert advice on what to expect from your family law exam, how best to prepare, and guidance on what examiners are really looking for. Written by an experienced examiner, it provides: clear commentary with each question and answer; diagram answer plans; tips to make your answer really stand out from the crowd; and further reading suggestions at the end of every chapter. The book should help you to: identify typical family law exam questions; structure a good answer; avoid common mistakes; show the examiner what you know; make your answer stand out; and find relevant further reading. After an introduction on exam skills for success in family law, chapters cover: marriage, civil partnerships, and cohabitation; void, voidable. and non-existent marriages; divorce and judicial separation; domestic violence; family property; financial relief and child support; parenthood and parental responsibility; children's rights and private law; international relocation and abduction; public law and adoption; mixed topic questions and skills for success in coursework assessments.
1. Exam Skills for Success in Family Law
Authors: Gaffney-Rhys Ruth
Published: September 2018

The Concentrate Questions and Answers series offers the best preparation for tackling exam and assignment questions. Each book includes key debates, typical questions, diagram answer plans, suggested answers, author commentary, and tips to gain extra marks. The aim of Concentrate Q&A Family Law 2018 is to show candidates how to display their learning. This chapter starts with tips for writing essays and answering problem questions, which are followed by four lists of exam hints. Where relevant, the assumption is that the exam is to be set internally. The first list consists of preparation advice, whilst the second and third cover the exam itself. Some of the points made in these lists are obviously applicable to any exam, law or otherwise. Even third-year students may gain from these lists, if only by way of a refresher course. The fourth list is exclusively concerned with family law exams (and assignments).
6. Family Property
Authors: Gaffney-Rhys Ruth
Published: September 2018

The Concentrate Questions and Answers series offers the best preparation for tackling exam and assignment questions. Each book includes key debates, typical questions, diagram answer plans, suggested answers, author commentary, and tips to gain extra marks. This chapter focuses on family property, both real and personal. The first question is a problem question concerning an unmarried couple who have separated, whilst the second is an essay question on property registered in joint names.
7. Financial Relief and Child Support
Authors: Gaffney-Rhys Ruth
Published: September 2018

The Concentrate Questions and Answers series offers the best preparation for tackling exam and assignment questions. Each book includes key debates, typical questions, diagram answer plans, suggested answers, author commentary, and tips to gain extra marks. This chapter deals with financial relief during divorce, nullity and judicial separation proceedings, and child support. The first question is a problem question that requires discussion of financial support during marriage, financial orders on divorce and the factors contained in s. 25 of the Matrimonial Causes Act 1973. The second problem question focuses on financial orders on divorce and variation and appeal of financial orders. The third question is an essay question on the development of the law relating to pre-nuptial and post-nuptial contracts, whilst the final essay question focuses on child support, which is primarily regulated by the Child Support Act 1991.
8. Parenthood and Parental Responsibility
Authors: Gaffney-Rhys Ruth
Published: September 2018

The Concentrate Questions and Answers series offers the best preparation for tackling exam and assignment questions. Each book includes key debates, typical questions, diagram answer plans, suggested answers, author commentary, and tips to gain extra marks. This chapter focuses on legal parenthood and parental responsibility and contains two essay questions and two problem questions. The topics covered in this chapter are: presumptions of paternity and paternity tests; legal parenthood in assisted reproduction situations; the Human Fertilisation and Embryology Act 2008; legal parenthood in surrogacy situations; and parental responsibility. The topics covered in this chapter are complex as they raise legal, ethical, and moral issues.
12. Mixed Topic Questions
Authors: Gaffney-Rhys Ruth
Published: September 2018

The Concentrate Questions and Answers series offers the best preparation for tackling exam and assignment questions. Each book includes key debates, typical questions, diagram answer plans, suggested answers, author commentary, and tips to gain extra marks. In real life a client is likely to require advice in relation to a number of family law issues and as a consequence, family law assessments sometimes require students to demonstrate knowledge and understanding of a variety of topics. This chapter contains five mixed problem questions that cover more than one area of family law: together they cover forced marriage; nullity; divorce; domestic violence; legal parenthood; child maintenance; private law relating to children; the resolution of family disputes; financial relief on divorce; and family property.
4. Non-Fatal Offences Against the Person
Authors: Allen Mischa
Published: September 2018

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, diagram answer plans, suggested answers, author commentary and advice on study skills. This chapter presents sample exam questions on non-fatal offences against the person and suggested answers. The questions cover all the typical offences against the person one would expect to find on a standard criminal law syllabus. The emphasis in this chapter is on the Offences Against the Person Act 1861, in particular ss. 18, 20, and 47. Common law assault and battery are also covered. Self-defence and the common law defence of consent are also considered.
5. Sexual Offences
Authors: Allen Mischa
Published: September 2018

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, diagram answer plans, suggested answers, author commentary and advice on study skills. This chapter presents sample exam questions on sexual offences and suggested answers. Students should be aware of the key provisions of the Sexual Offences Act 2003, and the presumptions as to consent contained in ss. 75 and 76 of the Sexual Offences Act 2003. The concept of reasonable belief is central to this topic. The Act sought to remedy problems in the old law relating to consent and created a new definition of rape as well as shifting the responsibility for obtaining consent to the defendant in some circumstances.
7. Defences
Authors: Allen Mischa
Published: September 2018

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, diagram answer plans, suggested answers, author commentary and advice on study skills. This chapter presents sample exam questions focusing on the defences. The chapter covers the mental defences of insanity, automatism, and intoxication as well as the compulsion defences of duress, necessity, and self-defence.
Defences affecting the mental element can be quite similar, and there is considerable overlap. Therefore, questions on these defences need to be tackled technically and logically. The test for duress is tighter than in the past, and there is considerable debate over whether the defence of necessity exists at all.
Concentrate Questions and Answers EU Law
Authors: Foster Nigel
Published: September 2018

The Concentrate Questions and Answers series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary, and illustrative diagrams and flowcharts. Concentrate Q&A EU Law looks at a wide range of up-to-date issues relating to EU law, starting with the origins, institutions, and development of the EU communities and, the legislative processes. Chapters then look at the sources and forms of Community law, supremacy of EU law, and the reception of the law in the EU Member States. The chapter on Supremacy will also consider Brexit, but the extent to which that will be covered will be determined by just how far the exit negotiations have themselves progressed. The Court of Justice has a chapter devoted to it. Next the book looks at the free movement of goods and persons. Finally, the text turns to competition and merger law, and sex discrimination, and equality law.
2. The Origins, Institutions, and Development of the Union and the Legislative Processes
Authors: Foster Nigel
Published: September 2018

The Concentrate Questions and Answers series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary and illustrative diagrams and flowcharts. This chapter presents sample exam questions along with examiner’s tips, answer plans, and suggested answers about the origins, institutions, and development of the European Union and its legislative processes. Key debates noted are the questions raised by the changes brought about by the Lisbon Treaty, and concerns raised by Member States about the EU assuming too many competences. Sample exam questions cover topics such as the concept of European integration and the motivations behind it, reform of the EU, the powers of the Court of Justice of the European Union and its impact, and analysis of the 2007 Lisbon Treaty and the abandoned Constitutional Treaty which it effectively replaced.
5. The Jurisdiction of the Court of Justice
Authors: Foster Nigel
Published: September 2018

The Concentrate Questions and Answers series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary and illustrative diagrams and flowcharts. This chapter deals with questions on the range of actions or types of procedure provided for under the TFEU (ex European Community (EC) Treaty). These are the actions under Arts 258-260, 263, 265, 267, 268, 277, and 340 TFEU. The questions range from a straightforward consideration on the procedure of each action to the difficulties for applicants in these actions; the setting of difficult problem questions on the procedural aspects to questions requiring a consideration of more than one action. The chapter concludes with a general question on the overall range and effectiveness of remedies for individuals in the EU legal order. A mixture of essay and problem-type questions is provided.
10. Skills for Success in Coursework Assessments
Authors: Foster Nigel
Published: September 2018

The Concentrate Questions and Answers series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary, and illustrative diagrams and flowcharts. This chapter presents sample exam questions along with examiner’s tips, answer plans, and suggested answers about EU law on sex discrimination and equality. The questions have been divided into a general question on the inclusion of sex discrimination provision in the first place; problem questions on aspects of equal pay and equal treatment; an essay question on a specific development in this area of law, which considers the overlapping area of pay and pensions and a problem on pregnancy-related matters. A new essay type question has been introduced on the expansion of areas protected by equality legislation at the end of the chapter.
1. Exam Skills for Success in Land Law
Authors: Malcolm Rosalind
Published: September 2018

The Concentrate Questions and Answers series offer the best preparation for tackling exam questions. This chapter gives students advice on skills for success in equity and trusts exams. It includes tips on what to do during the module, the revision period and in the exam room, as well as advice on the structure and approach to problem questions.
4. Transfer of Title and Third-Party Rights
Authors: Malcolm Rosalind
Published: September 2018

The Q&A series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary and illustrative diagrams and flowcharts. This chapter looks at transfer of title and third party rights.
7. Co-ownership and Trusts of Land
Authors: Malcolm Rosalind
Published: September 2018

The Q&A series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary and illustrative diagrams and flowcharts. This chapter considers co-ownership and trusts of land.
9. Leases and Licences
Authors: Malcolm Rosalind
Published: September 2018

The Q&A series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary and illustrative diagrams and flowcharts. This chapter presents sample exam questions about the law relating to leases.
11. Freehold Covenants
Authors: Malcolm Rosalind
Published: September 2018

The Q&A series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary and illustrative diagrams and flowcharts. This chapter considers freehold covenants, and the juridical basis underlying building schemes.
6. Charitable Trusts
Authors: Malcolm Rosalind
Published: September 2018

The Concentrate Questions and Answers series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans, suggested answers and author commentary. This book offers advice on what to expect in exams and how best to prepare. This chapter covers questions on charitable trusts.
7. Trusts of Imperfect Obligation
Authors: Malcolm Rosalind
Published: September 2018

The Concentrate Questions and Answers series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans, suggested answers and author commentary. This book offers advice on what to expect in exams and how best to prepare. This chapter covers questions on trusts of imperfect obligation.
8. Implied and Resulting Trusts
Authors: Malcolm Rosalind
Published: September 2018

The Concentrate Questions and Answers series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans, suggested answers and author commentary. This book offers advice on what to expect in exams and how best to prepare. This chapter covers questions on implied and resulting trusts.
9. Constructive Trusts
Authors: Malcolm Rosalind
Published: September 2018

The Concentrate Questions and Answers series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans, suggested answers and author commentary. This book offers advice on what to expect in exams and how best to prepare. This chapter covers questions on constructive trusts.
11. Equitable Estoppel
Authors: Malcolm Rosalind
Published: September 2018

The Concentrate Questions and Answers series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans, suggested answers and author commentary. This book offers advice on what to expect in exams and how best to prepare. This chapter covers questions on equitable estoppel.
12. Administration of Trusts
Authors: Malcolm Rosalind
Published: September 2018

The Concentrate Questions and Answers series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans, suggested answers and author commentary. This book offers advice on what to expect in exams and how best to prepare. This chapter covers questions on administration of trusts.
1. Exam Skills for Success in Company Law
Authors: Moore Imogen
Published: September 2018

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions and coursework. Each book includes typical questions, suggested answers with commentary, illustrative diagrams, guidance on how to develop your answer, suggestions for further reading, and advice on exams and coursework. This chapter provides advice on exams and exam questions in company law to ensure you are best prepared for your assessment, including guidance on how to approach essay and problem questions. It provides lots of important tips for exam success, covering both your preparation for the exam, and your approach to the exam itself. The well-known approaches of IRAC (Issue, Rule, Apply, Conclude) to problem questions and (PEA (Point, Explain, Analysis) to essay writing are reviewed.
2. Companies and Corporate Personality
Authors: Moore Imogen
Published: September 2018

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions and coursework. Each book includes typical questions, suggested answers with commentary, illustrative diagrams, guidance on how to develop your answer, suggestions for further reading, and advice on exams and coursework. This chapter considers the main legal forms used for businesses in the UK— particularly sole traders, general partnerships, limited liability partnerships (LLPs), and companies. It then examines how registered companies limited by shares come into existence. On registration a company becomes a legal person, separate from its shareholders and directors. This chapter explores this ‘corporate personality’ and the popular topic of when the ‘veil of incorporation’ can be lifted or pierced by statute or the courts.
6. Company Management and Governance
Authors: Moore Imogen
Published: September 2018

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions and coursework. Each book includes typical questions, suggested answers with commentary, illustrative diagrams, guidance on how to develop your answer, suggestions for further reading, and advice on exams and coursework. This chapter explores important issues in company management and corporate governance, starting by examining the role of directors and shareholders (and the relationship between them) and the separation of ‘ownership and control’. Since the early 1990s, the governance of listed companies has been dominated by self-regulatory codes (currently the UK Corporate Governance Code). This chapter examines how these codes operate and considers key themes in corporate governance, including the role of non-executive directors and auditors; the position of institutional investors; and executive remuneration.
12. Mixed Topic Questions
Authors: Moore Imogen
Published: September 2018

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions and coursework. Each book includes typical questions, suggested answers with commentary, illustrative diagrams, guidance on how to develop your answer, suggestions for further reading, and advice on exams and coursework. This chapter looks at mixed topic questions and provides four example questions and suggested answers. The questions require the consideration of a variety of topics, including: directors’ duties; shareholder remedies; derivative claims; unfair prejudice; de facto and shadow directors; corporate personality; lifting/piercing the veil of incorporation; pre-incorporation contracts; wrongful trading; disqualification; and the articles of association.
6. Freedom from Torture and Inhuman and Degrading Treatment
Authors: Foster Steve
Published: September 2018

The Concentrate Questions and Answers series offer the best preparation for tackling exam questions. Each book includes typical questions, diagram answer plans, caution advice, suggested answers, illustrative diagrams and flowcharts, and advice on gaining extra marks. Concentrate Q&A Human Rights & Civil Liberties offers expert advice on what to expect from your human rights and civil liberties exam, how best to prepare, and guidance on what examiners are really looking for. Written by experienced examiners, it provides: clear commentary with each question and answer; bullet point and diagram answer plans; tips to make your answer really stand out from the crowd; and further reading suggestions at the end of every chapter. The book should help you to: identify typical law exam questions; structure a first-class answer; avoid common mistakes; show the examiner what you know; make your answer stand out from the crowd. This chapter covers the area of torture and inhuman and degrading treatment, including the meaning of those terms and the application of this protection in the context of prisoners’ rights and deportation.
8. Prisoners’ Rights
Authors: Foster Steve
Published: September 2018

The Concentrate Questions and Answers series offer the best preparation for tackling exam questions. Each book includes typical questions, diagram answer plans, caution advice, suggested answers, illustrative diagrams and flowcharts, and advice on gaining extra marks. Concentrate Q&A Human Rights & Civil Liberties offers expert advice on what to expect from your human rights and civil liberties exam, how best to prepare, and guidance on what examiners are really looking for. Written by experienced examiners, it provides: clear commentary with each question and answer; bullet point and diagram answer plans; tips to make your answer really stand out from the crowd; and further reading suggestions at the end of every chapter. The book should help you to: identify typical law exam questions; structure a first-class answer; avoid common mistakes; show the examiner what you know; make your answer stand out from the crowd.

This chapter covers prisoners’ rights, including their protection in domestic law and under the ECHR, and their application to matters such as the right to life, freedom from inhuman and degrading treatment, and the democratic rights of prisoners.
4. Character
Authors: Spencer Maureen , Spencer John
Published: September 2018

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary and diagrams and flow charts. This chapter concerns a complex question in criminal evidence: situations where defendants may adduce evidence of good character to suggest lack of guilt and support credibility, and those where prosecution counsel or counsel for the co-defendant may cross-examine them on previous ‘reprehensible’ behaviour. The exclusionary rule was fundamental to the English legal system and founded on the principle that the defendant should have a fair trial. The Criminal Justice Act (CJA) 2003 made comprehensive changes to the rules of admissibility of evidence of bad character of the defendant and witnesses providing that ‘the common law rules governing the admissibility of evidence of bad character in criminal proceedings are abolished’. There is now a presumption of admissibility of that evidence.
5. Hearsay
Authors: Spencer Maureen , Spencer John
Published: September 2018

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary and illustrative diagrams and flow charts. This chapter focuses on the rule against hearsay, which is, historically, one of the great exclusionary rules underlying the law of evidence. In 1997 the Law Commission recommended that hearsay evidence be put on a clearer statutory footing in criminal trials. This eventually led to wholesale reform in the Criminal Justice Act (CJA) 2003, which preserves the rule but increases the number of exceptions and safeguards, providing a comprehensive regime for hearsay. The chapter provides an overview of the changes to hearsay introduced by the CJA 2003.
6. Confessions, the defendant’s silence, and improperly obtained evidence
Authors: Spencer Maureen , Spencer John
Published: September 2018

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary and diagrams and flow charts. This chapter covers three areas: confessions, silence of the accused and judicial discretion to exclude improperly obtained prosecution evidence. It explains how the most persuasive, sometimes only, evidence available to the prosecution is a pre-trial confession. While confessions have long been accepted as evidence of guilt, they have also posed risks of unreliability and violation of individual autonomy. Defendants may not be making a true confession or may have been obtained as a result of pressure. Permissible inferences from a pre-trial failure to respond to questions has the crucial difference that such failure alone cannot found a conviction. English law has previously been unwilling to acknowledge the case for excluding evidence which involves the police acting improperly or even illegally.
9. Examination and cross-examination
Authors: Spencer Maureen , Spencer John
Published: September 2018

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary and illustrative diagrams and flow charts. This chapter deals with the type of questions that can or cannot be asked in examination-in-chief or cross-examination in criminal trials. This area overlaps considerably with criminal procedure, and Evidence courses vary in the topics they cover. The chapter covers refreshing of memory, rules on previous consistent statements and exceptions, and hostile witnesses in respect of examinations-in-chief. In respect of cross-examination, it covers rules on previous inconsistent statements, finality to answers to collateral questions and exceptions, the special rule for cross-examination of complainants in sexual offence cases and non-defendant’s bad character.
10. Privilege and public policy
Authors: Spencer Maureen , Spencer John
Published: September 2018

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary and diagrams and flow charts. This chapter covers evidence excluded for policy or public interest considerations: public interest immunity (PII). A party, witness or non-participant in proceedings may refuse to disclose information, papers or answer questions, even though such material may be highly relevant and reliable. If PII applies, neither party has access to the evidence. For privilege, the areas most likely to occur in Evidence courses are privilege against self-incrimination and legal professional privilege. The former includes the right to silence of the defendant. The privilege against self-incrimination is generally upheld by common law and by implication by Art. 6 of the European Convention on Human Rights (ECHR). Legal professional privilege is a common law exclusionary rule principle that applies in civil and criminal proceedings.
12. Skills for success in coursework assessments
Authors: Spencer Maureen , Spencer John
Published: September 2018

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary and illustrative diagrams and flow charts. This chapter gives guidance on answering coursework questions and expands on the distinguishing features of coursework which are research, authorities and citation. You will be expected to have researched in more than usual depth to answer these types of questions and to give full as well as accurate references for your arguments and analysis. The chapter also covers writing and reading; sources; academic writing; keeping organised notes; analysis, writing style and referencing; and assessment criteria. A coursework example question, with accompanying answer guidance, is also available.
Concentrate Questions and Answers Public Law
Authors: Clements Richard
Published: September 2018

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each chapter includes typical questions; diagram problem and essay answer plans, suggested answers, notes of caution, tips on obtaining extra marks, key debates on each topic and suggestions on further reading. Q&A Public Law covers a wide range of issues relating to public law. The first chapter offers an introduction to the subject, with particular emphasis on exams. The second chapter contains advice on coursework. This is followed by an examination of constitutions in terms of the nature and sources of the UK constitution, the rule of law, and the separation of powers. The text moves on to look at the royal prerogative, Parliament, and parliamentary sovereignty. Next the book considers the Human Rights Act 1998, followed by chapters looking at freedom to protest, police powers, and freedom of expression. Finally, the book considers administrative law and judicial review.
2. Constitutions: The nature and sources of the United Kingdom constitution
Authors: Clements Richard
Published: September 2018

The Q&A series offers the best preparation for tackling exam questions. Each chapter includes typical questions; diagram problem and essay answer plans, suggested answers, notes of caution, tips on obtaining extra marks, the key debates on each topic and suggestions on further reading. This chapter considers the constitution of the United Kingdom of Great Britain (England, Scotland, and Wales) and Northern Ireland. The questions deal with issues such as whether a written constitution would make a great improvement to the UK system of government; the purpose of constitutional conventions; Dicey’s theory of the rule of law; the meaning of ‘separation of powers’; and its role in the constitutional arrangements of the UK and devolution or federalism.
3. Prime Minister and Cabinet
Authors: Clements Richard
Published: September 2018

The Q&A series offers the best preparation for tackling exam questions. Each chapter includes typical questions; diagram problem and essay answer plans, suggested answers, notes of caution, tips on obtaining extra marks, the key debates on each topic, and suggestions on further reading. This chapter presents issues relating to the Prime Minister and the Cabinet. The sample questions given here deal with issues such as the extent to which the UK has moved from a system of Cabinet government to a system of Prime Ministerial government; collective ministerial responsibility; and how the convention of individual ministerial responsibility operates in relation to departmental error.
4. The royal prerogative
Authors: Clements Richard
Published: September 2018

The Q&A series offers the best preparation for tackling exam questions. Each chapter includes typical questions; diagram problem and essay answer plans, suggested answers, notes of caution, tips on obtaining extra marks, the key debates on each topic and suggestions on further reading. This chapter considers the royal prerogative. The questions deal with issues such as the continued existence of prerogative power; the Queen’s formal legal power; the UK government’s exercise of royal prerogative powers; the use of the prerogative in foreign affairs; and judicial review of the prerogative. Many of the prerogative powers are now exercised by the Prime Minister in the name of the Queen.
8. Freedom to protest and police powers
Authors: Clements Richard
Published: September 2018

The Q&A series offers the best preparation for tackling exam questions. Each chapter includes typical questions; diagram problem and essay answer plans, suggested answers, notes of caution, tips on obtaining extra marks, the key debates on each topic and suggestions on further reading. This chapter is all about the freedom to protest and police powers. Freedom to protest is protected by common law, statute and the European Convention on Human Rights. The questions looked at here consider issues such as public order law; the right to protest; the right to freedom of peaceful assembly; and police powers to arrest and search on reasonable suspicion.
10. Administrative law: Judicial review
Authors: Clements Richard
Published: September 2018

The Q&A series offers the best preparation for tackling exam questions. Each chapter includes typical questions; diagram problem and essay answer plans, suggested answers, notes of caution, tips on obtaining extra marks, the key debates on each topic and suggestions on further reading. This chapter is about judicial review. This is the means by which the citizen can use the courts to ensure that a public body obeys the law. The questions in the chapter deal with issues such as the erratic development of administrative law; the procedure to apply for judicial review; the right to apply (locus standi), procedural |ultra vires; natural justice; and substantive ultra vires.
12. Coursework
Authors: Clements Richard
Published: September 2018

The Q&A series offers the best preparation for tackling exam questions. Each chapter includes typical questions; diagram problem and essay answer plans, suggested answers, notes of caution, tips on obtaining extra marks, the key debates on each topic and suggestions on further reading. This chapter contains some advice on writing coursework. The contents range from the mechanics of how coursework fits into the assessment of the module to the rules on presentation and referencing. The standard referencing system used for law is OSCOLA, the Oxford University Standard for the Citation of Legal Authorities. There is advice on researching coursework, such as the use of primary legal materials and articles, an explanation about how the coursework might be marked and some straightforward advice on plagiarism is given. A coursework example question, with accompanying answer guidance, is also available.