Global Business Environment
Assessment 2: Individual Written Advice
Legally Blonde – 2001
In the film, Legally Blonde, Brooke Taylor-Windham is charged with murder of her husband. Also, in this recommendation the intention was to find out assuming that the case in the film happened in the United Kingdom, to describe the judicial route that the case would take and if an appeal would take place where would it be heard.
Furthermore, in the film, Taylor sacks her lawyer, Professor Callahan assuming this also happened in the United Kingdom and Brooke lost her case as a result of professor Callahan’s negligence, the liability towards Brook is discussed.
Brook Taylor-Windham is the defendant in the case, a famous weight loss consultant who has been charged murdering her husband Hayworth Windham. Murder is a criminal offence; criminal law is a system of law concerned with the punishments of offenders. It looks after the community’s welfare, health, safety and threats. Criminal Law slightly differs from civil law whose emphasis is more on dispute resolution and victim compensation than on punishment. Which means the defendant is taken to court infront of a jury to argue its case and the jury has to decide if the defendant is guilty or not.
Furthermore, Emmett Richmond is Taylor’s solicitor who recommended Professor Callahan as barrister defending Taylor’s case in court. Moreover, Elle Woods is one of Callahan’s law students assisting the murder case. Moreover, the case consists of two main witnesses Enrique who worked for the defendant and Chutney Taylor’s step-daughter.
If the case was to take place in United Kingdom, it will start at the magistrates’ court as all criminal cases start there. Either three magistrates’ or a district judge hears cases, there is no jury in a magistrate court or a magistrate court normally handles cases known as summary offences. Also, it can deal with some of the more serious offences known ‘either way’ offences and can be heard either in a magistrates’ court or a Crown Court. As murder is an indictable offence Taylor’s case will proceed a summary trial or incitement in crown court. The Magistrates’ courts will pass this case or crime to the crown court and the legal personnel’s involved is a judge or three magistrates’, barrister, solicitor and defendant. Taylor will be put on remand until the hearing at Magistrates’ court as is it was a serious crime. As well as serious criminal cases, Crown Court deals with appeals against a Magistrates’ court conviction or sentence and the cases passed from the magistrates’ court for trial or sentencing. During the trial the jury decides if the defendant is guilty or not, then the judge will decide what sentence the defendant deserves like Taylor’s case. The sentencing can be community sentences or prison sentences – including life sentences; moreover there is a possibility of appealing if the defendant disagrees with the verdict. Taylor’s case consists of two witnesses giving statements but because the defendant pleads not guilty she fails to present an alibi. With Barrister Callahan defending Taylor’s case she is found guilty. This shows that the decisions of the Crown Court may be appealed to the Criminal Division of the court appeal.
The Court of appeal – criminal division hears appeals from the crown court, by lord Justices of appeal. Meaning, cases appeals against conviction, sentences or both if pleaded not guilty if the defendant wins their appeal against the conviction, then the sentence will no longer apply. In addition, Taylor’s case she pleaded not guilty, her new representative is Barrister Wood’s as she fired Callahan due to negligence. Wood’s is allowed to continue the case as long as she has a qualified barrister present.
The meaning of Negligence is that a conduct falls below the standards of behaviour established by law for the protection of others against unreasonable risk of harm. Breach of duty of care, which results in loss
