I have my final TMA and I have really struggled to get my head around IRAC so I wondered if anyone could help me please... below is the scenario and the questions I have to answer... Than you

Task No. SM4421DCTL

Message from: Eleanor Garcia Message to: Trainee Law

Hi Trainee,

I would like to meet with you later this week to discuss a case that has been referred to us by Lawton police force. The brief information I have received from the officer dealing with the case is as follows:

Peter Brine was found dead in his apartment in 2021 by his daughter, Emma Brine. Peter was an alcoholic, and toxicology reports suggest that Peter had ingested large amounts of alcohol on the night of his death and died due to pulmonary aspiration. At the time of death, Peter was in the process of divorcing from his abusive wife, Orla Brine. Peter's sister brought a private prosecution for murder against Orla. Orla was acquitted of murder. After the trial, Emma became estranged from her mother, Orla, as Emma blamed her for her father's death.

Emma was shopping in a local market. Orla spotted Emma and followed her. Orla approached Emma, crying and saying how much she had missed her. As Orla approached Emma, Emma took a bottle of wine from her basket and threw the bottle at Orla shouting 'that's for my father and for what you did to him!'. The bottle hit Orla's face, breaking her nose, and causing bruising to her cheekbone. Emma exclaimed 'I'm sorry I didn't mean to hurt you, I thought it would smash on the floor!'

Seeing the commotion, Tristan, Orla's partner ran to help Orla. As Tristan helped Orla to her feet, Emma grabbed the broken bottle and motioned to Tristan, 'be careful, you could be next'. Fearing that himself and Orla may be in further danger, Tristan lifted Orla and carried her out of the market where he rang an ambulance and the police.

Before our meeting, you should prepare by doing the following:

Question 1

full answer using IRAC to advise whether Emma is liable under s20 of the Offences Against the Person Act 1861 in relation to her behaviour towards Orla and whether she is liable for assault in relation to her behaviour towards Tristan.

(70 marks)

Question 2

Following the incident in the market, Orla published a short poem called 'Killing Peter' in a poetry collection titled 'Women's Fiction'. In the poem, she refers to poisoning Peter and the breakdown of their marriage.

Peter's family are concerned over the recent publication of Orla's poem. They are seeking advice on double jeopardy. To help with this could you:

short note explaining s78 of the Criminal Justice Act 2003 and consider if Orla's poem can be regarded as new and compelling evidence under s78 of the Criminal Justice Act 2003.

(10 marks)

Question 3

Jacob works for a local newspaper and is writing a report on Orla's trial and is interested in learning more about what can be done when there has been a miscarriage of justice. He has asked if we could:

Identify and briefly explain the formal remedies to miscarriages of justice.

(10 marks)

Question 4

Reflect on your experience of studying W111 (as yourself now, not as the trainee solicitor in the scenario) and complete the following two tasks:

• a.Describe briefly how you felt about studying law when you began W111. Explain one way in which you feel differently about your studies now.
• b.Identify one skill that you have developed during your study of W111. Explain how it will be useful in the workplace or another area of your life.

(10 marks)

If you can get back to me as soon as possible by email, that would be great.