Question One: Consider the following story and the questions based on it. Mrs Smith claims that one day last year, she saw Dan point a

Question One:
Consider the following story and the questions based on it.

Mrs Smith claims that one day last year, she saw Dan point a gun in the direction of his girlfriend and pull the trigger. The gun failed to fire because the mechanism was faulty, but Dan had not been aware of that until after he had pulled the trigger. Dan is now being tried for the attempted murder of his girlfriend, under the provisions of the Criminal Attempts Act 1981. He claims that he did not point the gun in his girlfriend’s directions alleged and that Mrs Smith is mistaken or is lying. Secondly, he claims that the act of pointing a gun in this way is not legally capable of falling within the relevant section of the 1981 Act.

(a) Who has decided whether Dan should be charged for his offence and by what procedure? [20 marks, approx. 300 – 400 words]

(b) In which court would this case be tried and by whom? [10 marks, approx. 150 – 200 words]

(c) Once the case has gone to court, who will decide whether Dan or Mrs Smith is lying about what happened? [10 marks, approx. 150 – 200 words]

(d) Once the case has gone to court, who will decide whether Dan’s alleged actions are capable as a matter of law of being within the ambit of the Criminal Attempts Act 1981? [20 marks, approx. 300 – 400 words]

Note: You must support your answer with reference to primary materials i.e. primary authority.

Question Two:
Alisha has separated from her husband. They agreed that they should seek for divorce but cannot agree on her husband’s contact time with the children, or on the division between them of some of the furniture in their home.

Alisha has also just been dismissed from her job because she took a day off to care for her 3 year old son when he was ill. She believes that her employers have unfairly dismissed her.

In the light of the above facts advise Alisha on:

(a) The best method(s) of dispute resolution for the problems she faces. [20 marks, approx. 300 – 400 words]

(b) The advantages and disadvantages of resolving the dispute in this way. [20 marks, approx. 300 – 400 words]

Your answers should:
Be clear, precise and accurate
Not be repetitive
Contain only relevant information
Demonstrate a comprehensive understanding of legislations and case law (where relevant).
Try to use wider resources
Use OSCOLA referencing
Include a bibliography at the end

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