Fagan's Drive: Redefining Assault

Good Morning!

Get ready for a legal rollercoaster! No boring legalese here—just hot controversy, bold insights, and the wildest legal takes.

What’s in Today’s Edition:

• Fagan v Metropolitan Police Comissioner

• Active Learning Stragities

• Leveraging Linkedin for law students
  

CASE
Fagan v Metropolitan Police Comissioner

Case Background
Fagan, seated in his car, drove onto a police officer's foot upon being instructed to move the vehicle. Refusing to comply, he kept the car in place despite the officer's demands. Convicted for assaulting the officer, Fagan appealed the decision.

Advocates’ Stand

• Mr Fagan Argument: Fagan argued that an assault cannot arise from an omission and that the act of driving onto the officer's foot was accidental, lacking mens rea at the time of the damaging act.

• Prosecution's Counterargument: The prosecution contended that Fagan's crime wasn't the refusal to move the car but his decision to continue the act of driving onto the officer's foot, establishing a continual battery.

Crucial Points

• The court emphasized the equivalence of assault with battery in practical terms.

• Establishing a continual act of battery by driving onto the officer's foot constituted the actus reus and mens rea necessary for an assault.

Judicial Verdict
The court maintained that while an omission couldn't establish an assault, Fagan's deliberate act of driving onto the officer's foot, coupled with his refusal to cease the act, constituted a continuous act of battery. Thus, actus reus and mens rea were present, resulting in the confirmation of Fagan's assault conviction.

Significance & Impact
Fagan v Commissioner of Police for the Metropolis signifies the legal distinction between assault and battery, affirming that a continuous act can fulfill both actus reus and mens rea for assault charges.

STUDY
Active Learning Strategies

Picture this: You’re navigating a whirlwind of information, striving to absorb, process, and retain knowledge—all within the same 24 hours everyone else has. Daunting? Absolutely. But fret not! Active Learning Strategies are your key to unlocking the potential within these hours, making every minute count towards your learning goals.

The Core Formula: Three Keys to Success

1. Strategic Prioritization: Not every piece of information is equal. Learn to discern between the vital, the important, and the "can-wait" aspects of your learning journey. Case studies demand attention, while exploring supplementary resources can be important but deferred.

2. Time-Slicing Mastery: Ever heard of the Pomodoro Technique? This technique slices your study time into digestible chunks—25 minutes of focused learning followed by 5 minutes to recalibrate. It's a game-changer in maintaining focus and productivity.

3. Combatting Distractions: Distractions lurk in the digital abyss. Discover tools like website blockers or noise-cancelling headphones to reclaim your attention and keep your focus razor-sharp, ensuring maximum efficiency in your learning endeavors.

NEWS
A Snapshot of UK Affairs

🦠Omicron Surge: The UK faces a rapid rise in COVID-19 cases driven by the omicron variant, prompting the government to reintroduce some restrictions such as mask wearing, working from home, and vaccine passports. The UK has also tightened its travel rules and boosted its booster campaign.

🧭Partygate Scandal: Prime Minister Boris Johnson faces mounting pressure over allegations that he and his staff broke COVID-19 rules by attending parties at Downing Street last year. Several ministers and advisers have resigned or apologised over the scandal, which has sparked public outrage and calls for Johnson to quit.

👑Royal Rift: Prince Harry and Meghan Markle have launched legal action against the UK government over the funding of their security costs after they stepped back as senior royals. The couple claim they were unfairly treated and discriminated against by the Home Office, which refused to pay for their protection.

🌡️Climate Action: The UK hosted the COP26 summit in Glasgow, where world leaders agreed on a deal to limit global warming to 1.5°C above pre-industrial levels. The deal includes pledges to phase out coal, end deforestation, and provide more finance for developing countries. However, some critics say the deal is not ambitious or binding enough.

CAREER
Leveraging LinkedIn for Law Students: Forging Your Professional Path

Crafting a compelling LinkedIn profile isn't just about sharing your experiences; it's about painting a portrait of your professional journey. Here's how to curate an engaging LinkedIn presence that captivates attention and speaks volumes about your legal aspirations:

The Art of Simplicity: Much like a well-structured argument, a clean and straightforward LinkedIn profile creates an air of professionalism. Embrace a crisp, legible font and strategic use of sections and white space to create a visually appealing layout.

Illuminate Your Potential: Your LinkedIn profile isn't just a list of experiences; it's a showcase of your skills and ambitions. Shine a spotlight on your achievements, internships, and projects with impactful descriptions that highlight your legal expertise and unique strengths.

Tailored Representation: Just as legal strategies are tailored to fit the case, customize your profile to align with your legal aspirations. Tailor your headline, summary, and experiences to resonate with the legal niche or field of law you aspire to enter.

Craft Your Narrative: Every standout legal case has a compelling story, and so should your LinkedIn profile. Weave a narrative that traces your journey—from your passion for law to internships, volunteer work, or academic achievements. Showcase your dedication to the field.

Polished Perfection: Pay attention to the finer details. Proofread your profile meticulously to ensure flawless grammar and formatting. Even the smallest error might detract from the overall impact of your professional story.

Your LinkedIn profile is more than an online resume; it's a canvas to exhibit your legal prowess and ambitions. Let it be a testament to your dedication and potential—a gateway into the promising legal career you're destined for.

Follow me on Linkedin for more insights into navigating the legal world and crafting a stellar professional presence.

MYTH
Myth: "Common-Law Marriage" Provides Legal Protection

Reality: There's a misconception that living together as a couple for a certain period grants the same legal rights as marriage. In the UK, there's no recognition of "common-law marriage," and cohabiting couples don't automatically receive the same legal protections as married couples.

Case Example: In the case of Burns v. Burns (1984), despite cohabiting for several years, the court didn't grant the same financial rights as in a marital divorce due to the absence of legal marriage.

Actus Reus: Living together without a formal marriage or civil partnership.

Men's Rea: An understanding or belief that cohabitation might provide similar legal rights to marriage.

Bottom Line: Cohabiting couples should be aware that without formal legal arrangements, they don't automatically gain the legal rights and protections that married couples receive. Consider legal agreements like cohabitation agreements or formal marriage to secure rights and protect interests.

Got 15 seconds? Please share your feedback by responding to this emial. Tell us what you like and how we can make VERDICT better.