...Criminal law 1 IN T R O D U C TI O N This chapter explains the two main sources of criminal law in the UK: legislation, that is, Acts of Parliament (or statutes), and case law. It will give you an overview of the process by which Acts of Parliament come into existence as well as introducing you to European Union legislation and the European Convention on Human Rights, both of which have an influence on the law in the UK. You will also gain an understanding of the criminal courts in which cases are heard and the systems of law reporting which allow access to the judgments of those courts. As well as exploring the sources of law, this chapter will show you how to find legislation and case law using a variety of online resources. Finally, the chapter will give a brief introduction to finding the criminal law of overseas jurisdictions. An understanding of the criminal law is important to the study of criminology as it is the criminal law that defines certain forms of conduct as criminal. This criminal law can be contained in both statute law and case law, so it is essential that you understand the origins of both and the ways in which they interrelate. You should see that the criminal law is constantly changing and evolving in response to social, political, and technological influences which manifest themselves in new statutes or judicial interpretation of existing law. If you are studying criminology as an option on a law degree, then the content of this chapter should already...
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...OSCOLA Oxford Standard for the Citation of Legal Authorities Fourth Edition Faculty of Law, University of Oxford www.law.ox.ac.uk/oscola Contents Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1 1 General notes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3 1 .1 Citations and footnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3 1 .1 .1 1 .1 .2 1 .1 .3 1 .1 .4 Citing cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3 Citing legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4 Citing secondary sources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4 Order of sources in footnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4 1 .2 Subsequent citations, cross-references and Latin ‘gadgets’ . . . . . . . . . . . . .5 1 .2 .1 Subsequent citations . . . . . . . . . . . . . . . . . . . . . . ....
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...AGLC Deakin University guide to referencing Before using this referencing guide you should always consult your unit guide to determine the required style. If you are still unsure, please check with your unit chair, lecturer or tutor. This resource is based on the Australian Guide to Legal Citation (AGLC). For further details and examples of citations refer to: Australian Guide to Legal Citation (Melbourne University Law Review Association Inc, 3rd ed, 2010). deakin.edu.au/referencing deakin.edu.au/referencing Last updated 28 April 2014 Table of Contents General principles ...........................................................................................................................3 Footnotes ........................................................................................................................................... 3 Quotation style .................................................................................................................................. 4 Bibliography ....................................................................................................................................... 4 Repeat citations ................................................................................................................................. 6 Square and round brackets in citations ............................................................................................. 7 Group author ...................................
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...Legal advice for Mr John Smith 5th of December 2012 Dear Mr Smith, Thank you for your phone call last week requesting a legal advice. In this letter, I will provide you with my legal opinion concerning the facts you gave to me so you can make a qualified decision regarding the charges you face. First I will restate the facts, as I know them, to confirm their accuracy. Next, I will give you my opinion on whether a conviction for insider dealing is a potentiality. In your phone call you said, that you have received a call from City of London Police who wanted you to come in for an interview under caution due to evidence stating that you have been insider dealing. Regarding the facts of the case you explain, that you work for Stevens Management buying and selling orders and your wife works in the financial department in Transeit, a company which has been taken over by Microsoft. Before the offer from Microsoft became public the shares in Transeit shot up in value. According to the claim from the police exactly three days before the offer became public you excluded a sale of 500 Transeit shares. What makes your situation problematic is the fact that you had access to confidential information about the offer before it was made public due to your wife’s work. Whether you excluded the shares in your own name or in the name of the company your work for may also be relevant to the case. Due to the facts you have presented me it seem that the police have a strong case against you....
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...aristocracy) were exempt from taxation. They had to face taille , gabelle and capitation taxes. The peasants were forced to utilise the Wine mills and the wheat mills of the lord and pay a tax in return. The peasants paid taxes to the state, church and their feudal lord. It was oppressive and irrational. Foreign wars and bad financial management left the country in a state of bankruptcy. The ‘’lettres de cachet’’ was a major threat and the peasants weren’t granted human rights. They had no ownership to land and they were bound by feudal laws. The slogan of the revolution, ‘’liberty, equality and fraternity’’ were peaceful ideas . At first the estate general was to be called but this wasn’t a new idea, and France had a representative system which already existed, which was not at all unreasonable. The king promised to show up at the meeting, but instead he shut them out, thus provoking the revolutionaries to form a national assembly at a tennis court and prepared to form a constitution for France, had he not acted so decisively. Participating in the American war of independence did bring France victory and prestige,...
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...History and Development of Law reporting in England and India Name: Amitav Singh Roll No. 740 Semester: 2nd History and Development of Law reporting in England and India “It is not open to the courts in India to question any principle enunciated by this Board, although they have a right of examining the facts of any case before them to see whether and how far the principle on which stress is laid, applies to the facts of the particular case. Nor it is open to them on account of “judicial dignity” or otherwise, to question its decision on any particular issue of facts” -Mata Prasad v. Nageshwar Sahai, 52 IA, 398, 417 Introduction: In England, the gradual development of the art of law reporting reflects the growth of the authority of precedent. A court is usually bound by the ratio decidendi of a case which is decided by a higher court, but in case of House of Lords and Court of Appeals they are bound by their own decisions. In several cases, such as, Scruttons, Ltd. v. Midland Silicones Ltd. it was decided...
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...Legal System By Dr. Rakesh Kumar Srivastava Dr. R.K. Shrivastava is presently Chief Librarian at the Supreme Court of India, New Delhi. He has more than twenty-four years of experience in the field of law librarianship in India. He has a degree in Law, a Postgraduate degree in Library & Information Science and a Doctorate degree in Library & Information Science. He has been a guest faculty member in many institutions, an academic counsellor of Indira Gandhi National Open University (IGNOU) and the Rajarishi Tandon Open University, Allahabad. He has been an Honorary Principal of School of Law of Library Science, Lucknow for more than 15 years. He is a member of many professional bodies, including his service as the General Secretary of the U.P. Library Association and the Vice-President of the Indian Library Association. Due to his work in the field of law librarianship, he has been awarded by the U.P. Government. He is presently a member of the Academic Council, Hidayatullah National Law University, Raipur. He recently delivered lectures on legal research methodology in National Judicial Academy, Bhopal and Karnataka Judicial Academy, Bangalore, Academic Staff College, Jamia Milia Univesity and in Ranganathan Research Circle, New Delhi. He has published more than fifty papers on various aspects of library and information science and law, and he has presented papers in many national and international conferences. He has been invited to deliver many online...
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...Teacher Legal Environment of Business (L-501) Institute of Business Administration University of Dhaka Dear Sir: Subject: SUBMISSION OF GROUP TERM PAPER Here is the report on “An Overview of Bangladesh Legal System with Special Reference to Criminal Justice Administration System”. This report mainly gives an overview of the legal system of Bangladesh and its history. The report gives special focus on the criminal procedures and systems used in Bangladesh. Moreover, the report also analyses two real life criminal cases with the help from the theories and techniques learned from the Legal Environment of Business Course. We would like to thank our Course teacher Mr. Zillur Rahman for giving us the support and opportunity to write this report. It has been an honor and a privilege. Sincerely Yours, ________________ Apon Das (Roll 03) __________________________ Rahman Saihad Shahid (Roll 06) Contents Executive Summary vii 1.0 Introduction 1 1.1 Authorization 1 1.2 Problem and Purpose 1 1.3 Objectives 1 1.4 Literature Review 2 1.5 Methodology 4 1.6 Scope 4 1.7 Limitation 4 1.8 Report Organization 5 2.0 Research Findings 6 2.1 Definition of Law: 6 2.2 Overview of the Bangladesh Legal System 6 2.2.1 Sources of Law 7 2.2.2 Law of Bangladesh: 7 2.2.3 Rules of Law 9 2.2.4 Judiciary System of Bangladesh 9 2.2.5...
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...Media Report Analysis Referencing Style Chigaco Referencing Style Article written by Steve Creedy, appeared in 'The Australian' Newspaper on 8 February 2013. ------------------------------------------------- [Word Count: 1022] (1) The article “Virgin readies Tigers Defence” reports on the plan made by Virgin Australia to take a 60% stake in Tiger Airways Australia. The following laws are evident in the text. Corporations Law Both Virgin Australia and Tiger Airways Australia are large corporations which have directors, shareholders and creditors; therefore they deal with Corporations Law. The media report indicates a possibility for a large interaction between both companies. Virgin Australia plan to obtain a 60% share of Tiger Airways, making it the majority partner, with Singaporean based Tiger Airways Holdings. Property Law The report also indicates that if the agreement was to occur, that Virgin Australia would increase Tiger Airways fleet size considerably, this means that there will be property shared between both corporations, thus involving property law. Contract Law Contract law is another form of law evident in this specific case. This is because when the two parties involved come to an agreement, there will be terms and conditions put onto that agreement in order to regulate the exchange of goods, services, money and properties. (2) Find Examples in the report of how the law does the following things: i) Allows people to organise and plan with...
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...Assignment 1 – Who, What and Why? (A) Criteria – 2A.P1, 2A.P2, 2A.M1, 2A.P3, 2A.M2, 2A.D1 Task 1 Your task is to consider legal cases and situations in the civil and criminal courts and use your information to prepare a report which evaluates how civil or criminal law, courts or personnel have been used in a selected case. Your report should explain the role of civil and criminal courts and the role and responsibilities of the people involved in two situations in each court. Do this by carrying out the following activities: 1. After you have read the two scenarios below, prepare notes to explain the role the role of the civil law and its courts in each situation and the roles and responsibilities of the people usually involved in a civil case. A. John buys a second-hand mountain bike from his local bike shop for £500. Within a month the gears start slipping. John takes the bike back to the shop 3 times for repair but the problem is not fixed and the shop refuses to give him a refund or a replacement. John wants to go to the civil court to get his money back. B. Ashley a talented young tennis player with a glittering future; is involved in a serious accident. She is driving home from practice when her car is hit from behind by a large truck. Ashley suffers serious spinal injuries and is still in hospital. She is bringing a personal injury claim against the driver of the truck. Task 2 2. When 19 year-old Tina is arrested for shoplifting...
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...This Project has been submitted by Ms. Vidhisha S. Ambade ID No: 214083 On Family Law During the Winter Semester 2015 IRRETRIEVABLE BREAKDOWN OF MARRIAGE INTRODUCTION Marriages in India are defined as bonds made in heaven and solemnized on earth. For Hindus it is a sacrament, for Muslims it is a sanctified contract and for Christians a sacred knot1. Complexity of the modern society and its consequences such as fast changing socio economic conditions, the disintegration of joint family structure, the rapid development of industrialization and urbanization, education, employment and laws giving equal status and rights to women, led a tremendous impact on the institution of marriage. Few decades ago divorce was considered as an evil, the grounds of divorce were very limited and it was sought only under compelling circumstances. Positions have however, changed now. Marriage is no longer treated as an insoluble union. Truth be told, there has been a considerable legislative and judicial interference in the sphere of marital laws during the past few decades all over the world. In view of the evolving times, divorce laws are being substantially modified and liberalized.2 Though divorce laws vary across jurisdictions, most countries follow two basic approaches to divorce viz. fault based and no-fault based. In India, the Hindu Marriage Act, 19553 for Hindus and the Special Marriage Act, 19544 for marriage...
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...‘The conventional division of private and public law is to some extent a false dichotomy’. Discuss. The aim of this essay is to discuss the conventional division of private and public law is to some extent a false dichotomy. In order to achieve this aim it is necessary to inform that the writer, will examine the Children Act 1989 (CA 1989), giving examples of case law. This will include a brief background of implementation of private and public law into the Act. The next section will identify the similarities and differences in private and public law cases by comparing and contrasting case law. The current regulatory legal framework for contact issues in the public and private law context will be discussed by evaluating how the children’s views are considered. Further in the section the children’s representation in the public and private law arena will be touched on considering the United Nations Convention on Rights of the Child 1990 (UNCRC 1990), implications of the Human Rights Act 1998 (HRA 1998), and the incorporation of the of the European Convention on Human Rights (ECHR) bearing in mind that the Children Act was outlined with a consideration to the convention. Throughout the chapters I will refer to relevant case law, statute, drawing attention to how both private and public law cases can have elements of both private and public law and amalgamation of some cases. There will be a brief discussion to address the different treatment of parties mainly kinship...
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...without due process of law.” (University) The processes are set by state government and federal government in the form of laws. Who has jurisdiction over a case depends largely upon the laws that were violated. What happens when there is a procedural violation on the state level? To find out, we look at a case in which the Texas Court of Criminal Appeals reversed and remanded a lower appeals court's prior ruling. As we consider the case, we'll answer several questions: What was the...
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...Court Issues Analysis University of Phoenix Miguel A. Gomez III CJ/394 – Criminal Organizations SC11BCJ06 February 13th, 2013 Carl Heintz, MBA United States Courts In today’s society change is more prevalent than ever. The courts system in the United States has also changed over the course of history. As society gets larger and current laws and regulations become outdated, the courts must re-evaluate their past and current issues in preparation of the future. Currently, issues such as tougher gun laws and juveniles being tried as adults are some examples of what the courts face, along with a vast variety of other important issues. Briefly, this report will examine current and future issues as they revolve around the courts system of the United States and court administrators. This report will examine the following issues: juvenile tried as adults and tough gun reforms. Historically, the United States of America has become the destination spot for many immigrants seeking the “American Dream.” With many different languages being spoken, the courts must provide a means of language interpretation. In regards to language interpretation services, this report will underline future management issues and trends as they relate to the courts. In the past victim’s rights were non-existent; victims and their families were not allowed to obtain any information regarding court proceedings, let alone be present in the courtroom. Victims did not receive any assistance until the mid...
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...2012 Assessment Report 2012 Legal Studies GA 3: Written examination GENERAL COMMENTS The 2012 Legal Studies examination was challenging for many students. Many common misunderstandings about various aspects of the legal system were evident in responses to the examination. Few students were able to demonstrate knowledge of a directions hearing. Incorrect cases were used as examples of the High Court protecting rights. In Question 3a. few students correctly identified that the Court of Appeal was higher than the Supreme Court (Trial Division) in the court hierarchy. Many students had a limited understanding of the operation of section 109 of the Constitution and struggled to provide a thorough response to Question 3b. Students should become familiar with the study design throughout the year. Students are expected to demonstrate the ability to discuss, explain and evaluate. Students’ ability to evaluate requires more attention. Students should not rely on rote-learned or pre-prepared answers as they will rarely address the question. Time management was an issue in this examination, with many students writing lengthy responses to questions that only required a shorter response, therefore not allowing enough time for longer questions. A shorter question that asks for an outline (for example, Question 1a.) requires no more than one or two sentences in response. Good examination technique is essential and students should practise their technique throughout the year. If students continue...
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