A lawful arrest of an individual indicates a legal 'condition' of the arrested individual. Likewise, a subsequent detention of an individual at a police station brings about a legal 'consequence'. For example, confinement, which under other circumstances would amount to a false imprisonment, will lawfully restrict the individuals' privacy and freedom of movement but it also creates legal obligations on police officers. In relation to the detention, treatment and questioning of suspects, parts...
Trafficking of human beings from the standpoint of international law means "the recruitment, transportation, transfer, harboring or receipt of persons by threat or use of force or other forms of coercion, of abduction, of fraud, deception, abuse of authority or position of vulnerability or the giving in the form of payments or benefits to achieve the consent of a person having control over another person. Exploitation includes forced labor or services, prostitution of others or other forms ...
Most offences in Indian criminal law were created by Statute and have a statutory maximum penalty. For the purposes of trial, offences were divided into different categories, offences triable by indictment (warrant cases) or offences triable only summarily, or offences triable either way. The most serious offences (eg: murder, rape) are triable only on indictment, at the Sessions Court. A large mass of less serious offences are triable only summarily, in magistrates' courts. The middle catego...
Parental Responsibility Rosie requires advice concerning Kylie, 12, and Sam 7. We shall assume Steve has no parental responsibility for the children as stipulated by s.2(1) of the Children Act 1989, as the deceased Mother retained all rights over the children before her death. Upon the mother's death, the grandmother, Rosie was appointed legal guardian of the children under s.5(6), and therefore has parental responsibility for Kylie and Sam. The social worker has indicated that an investigati...
There is no doubt that Law and legal systems are very important and play a significant role in modern society. It is a well-known fact that Law consist of general rules which control the behavior of individuals, business and other organizations in society. Also it is intended to defend persons as well as their belongings from needless obstruction from others. (WIUT ILLS handout 2009) As it says "It may be true that the law cannot make a man love me, but it can keep him from lynching me, and I...
An insight into the civil process before the present change was first made by Charles Dickinson in his novel bleak house The civil justice process is in many respect quite different from the criminal justice system .the criminal justice system pits the state and its agencies the citizen while civil justice system essentially involves different individuals, companies etc But civil justice process is a complex social process. It is important to note that an effective civil justice process is on...
The aim of this essay is to provide a comprehensive analysis of the impact of Woolf reform on the civil justice system in terms of excessive delays, costs and complexity. Further, salient recommendation and critical appraisal of Lord Wolf will be taken into account in order to examine whether the reform promotes justice or the consequence is an incompetent and ineffective system, followed by some debates and suggestions. Thus, each of these issues will be dealt chronologically. The prolonged ...
The criminal justice system needs reform to avoid wrongful convictions and unprepared re-entry to society. Each year, thousands of people are convicted of crimes they do not commit. A few main causes of wrongful convictions are eyewitness misidentifications, government misconduct, and bad lawyering. In many cases, those exonerated of the crimes they did not commit no longer have the proper resources to re-enter society successfully. In one case example involving eyewitness misidentification, ...
From times immemorial, it has been accepted that the enforcement of the law for the maintenance of peace and tranquility in the society has to be entrusted upon certain individuals or agencies. This was considered as a prerequisite to the survival of a society because without such determined agencies to enforce the law, the society would be in a complete chaos with every person having unrestricted authority to do what he wants. This point was also illustrated by H.L.A. Hart [2] where he stage...
Write an assignment on the 'rationale & relevance of the postal rule of acceptance in the 21st century' by analyzing the possibility of acceptance by post according to the current practice. A formation of a contract requires an agreement, it follows that, in order for such agreement to be reached, there must be an offer made by one party which is accepted by the other. An acceptance is that, a final and unqualified expression of assent to the terms of an offer. To discover whether an agreemen...