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Question 1Explain how an individual in the UK can enforce their human rights in the European court of Human Rights.
The Council of Europe was established after the Second World War to safeguard human rights, the directions and regulations of law, and to encourage equality. An individual can enforce their human rights in the European court of Human Rights by making an application in an appropriate manner. After admitting the application, the court will examine the case by hearing both the parties.
Further court can pass order for investigation if he deems fit. Court will examine all the evidences produces by parties either oral or written with affidavit, if needed. The European Court stated that when construing the Convention and the individual rights protected, domestic courts need to accept a dynamic and forward-looking tactic. After scrutinize the available evidences, court has power to settle the matter. If an individual is not satisfied with the decision announced by Council of Europe than an individual can appeal further (Hoffman, 2011).
The Agreement assurances specific rights and liberties and forbids unfair and injurious practices.
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The Agreement secures the right to life which stated in Article 2, freedom from torture is defined in Article 3, freedom from slavery stated in Article 4, the right to liberty is defined in Article 5, the right to a fair trial (Article 6), etc. (Equality and Human Rights Commission, 2019). The Human Rights Act was passed by the British parliament in year 1998 and came into force after two years. It consists almost all the provisions, or articles stated in the agreement, permitting judges to apply them in the courts of United Kingdom (Ziegler and Wicks, 2015).
Describe the membership of the council (not the European Council) and its role in the EU law-making process.
The European Council is the European Union institution that refers the general political trend and priorities of the European Union.
It consists heads of state or government of the member states, composed with its President and the President of the Commission. European of Council Union established together with the European Parliament, they discuss and adopts the European Union laws. It also synchronizes with EU's countries policies. European Council meetings considered the High Representative of the union for Foreign Affairs and security policy when foreign affairs issues are debated (Bulmer and Lequesne, 2013).
The EU has exclusive competence for the following policy areas such as Internal Market, Social Policy, Agriculture, Consumer Protection, Transport etc. EU Council also involves in framing policies and law decision making processes. Before the commission proposes new creativities it assesses the Economic, Social and Environmental consequences that they have. The European Parliament and the Council appraise proposals proposed by the Commission and propose amendments afterwards. They discussed and took votes. To conclude a decision, at least four countries are required (Greer, Gerareds and Slowe, 2018).
Question 2When Mona dropping the boxes onto Nadia's foot, it will considered as Civil Case. Mona's negligence is the reason of this incident. She should take care more while walking with such heavy boxes. It is a wrongful act but this incident is happened due to negligence of Mona. This case will be regarded as Civil Suit. Civil Case is a suit which generally deals with contracts or tort. Procedure to be followed in Civil Court:
Civil Procedure starts with a filing a complaint.
Complaint is served to the offending party.
Offending party drafts a reply and sent it to the court.
Court will hear both the parties and examine all the available evidences.
Afterwards court will decide how much compensation will be compensated for the injury.
All the information will be drafted and send to both the parties.
If party is not satisfied with the given decision, they can appeal further according to appropriate procedure (Arvind, and Steele, 2013), (Out Law, 2019).
In this case Mona will prove that it was an accident and standard of proof will be its heavy boxes. With heavy boxes, it is difficult to walk easily. But here, her negligence will also be proved. Civil Court will look after this matter.
When Mona pushing Nadia, it will be treated as Criminal Case. When Mona bumps into Nadia's feet, she is badly injured. Further Nadia being assaulted occasioning actual bodily harm. Nadia is a professional dancer and she is unable to dance until recovery. It will be treated as Criminal Case. Criminal procedure is to be followed to safeguard the human rights. There are two types of criminal trial: Summary and On Indictment. Procedure to be followed in Criminal Court:
When any crime is happening, an investigation is begins.
Police Department investigate the suspect and question other people.
Police will arrest the guilty person according to their investigation.
Accused person will be presented in the court with in relevant time period.
Criminal proceedings will start and court will examine all the witnesses and evidences (Roberts and Zuckerman, 2010).
After examine the case, court will announce its punishment to the guilty person (Redmayne, 2015).
In this case police will find out what is true or not. But Nadia will submit the evidences in her favor as she claims Mona for bodily harm. Criminal Court will be decision maker regarding this case. When criminal trial going on, the state or federal government is blaming a person or people who is responsible for crime.
Question 3Reflect on the process you used to prepare your answer to Question 2, and explain three of the steps in that process.
Reading: First and foremost step of the process is reading the question 2. After reading, it will become more understandable and it will be easy to find out the resolution for given case study. After reading it discovers that there are two incidents given in question 2. One is Civil Case and other one is Criminal Case. In this case study there are two characters that are Mona and Nadia.
Resolution: After reading the given case study, the next step will be find out the resolution for the given problem. It includes finding out how answer should will be present that it will cover all the requirements of the question.
Structuring: Last part of the process will be given structuring to the answer for the given case study. It includes the framing of answer according to the requirement of question. There is two parts in the given case study that is one is Civil Case and other one is Criminal Case.
Explain which two process in the preparing your answer to Question 2 - these may, but need not, have been identified in part (a) - you found most difficult, and how you plan to approach those steps next time you write an answer to a problem-style question.
First difficulty arising in understanding the question is which part will be Civil and which part will be considered as Criminal part. For the first time after reading the query, it is found that Mona hit the Nadia unintentionally and she is injured due to that but after reading it twice or thrice, it was discovered that Nadia claim Mona for bodily harm and it will considered as Criminal activity.
Second difficulty faces is the case study was quite complicating and confusing. It will be difficult to understand that who is guilty or not in the given case study. Mona and Nadia both the characters were seems innocent at their part. It requires deep focus to understand the concept given behind the case study.
The approach prepared for the next time for a problem-style question is read question at least three to four times. Understand the concept and then try to understand the reason behind given question. Merge both the concept and try to find out the best resolution for the given problem.
ReferencesArvind, T. and Steele, J. (2013) Tort Law and the Legislature: Common law, Statue and the Dynamics of Legal Change. United Kingdom: Hart.
Bulmer, S. and Lequesne, C. (2013) The Member States of the European Union. 2nd ed. United Kingdom: oxford.
Equality and Human Rights Commission. (2019) Human Rights. [Online] Available from: [Accessed 1/22/2019]
Greer, S., Gerareds, J. and Slowe, R. (2018) Human Rights in the Council of Europe and European Union: Achievements, Trends and Challenges. UK: Cambridge.
Hoffman, D. (2011) The Impact of the UK Human Rights Act on Private Law. New York: Cambridge.
Kenealy, D., Peterson, J. and Corbett, R. (2015) The European Union: How Does it Work? United Kingdom: Oxford.
Out Law. (2019) Topics. [Online]. Available from: [Accessed 1/22/2019].
Redmayne, M. (2015) Character in the Criminal Trial. United Kingdom: Oxford.
Roberts, P. and Zuckerman, A. (2010) Criminal Evidence. New York: oxford.
Ziegler, K. and Wicks, E. (2015) The UK and European Human Rights: A Strained Relationship? United Kingdom: Bloomsburry.
Analysis of TMA02 Responses. (2019, Dec 16). Retrieved from https://studymoose.com/tma02-civil-law-example-essay
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