The issue of omission constituting to criminal liability, the laws, statues and precedents that go alongside it are extremely serious and widespread with implications in the English legal system. The general rule in criminal law requires the prosecution to prove both the actus reus {guilty act} and mens rea {guilty mind} of an offence, without the presence of this two elements; a person can not usually be found guilty. English law on criminal liability does not occur as a result of failing to...
The Doctrine of Precedent also known as stare decisis is a concept that has an important role to play in the English Legal System, especially as it strengthens the hierarchy of the courts. It is also said that this principle of binding precedent has been held to prevent litigation. Consequently, the Doctrine of Precedent acts as a guidance and justification for a judge hearing a particular case in a court without having to use his own perception or legal rules to give a verdict of the case be...
Prior to commencement of the subject matter of this paper, "the electoral system of Germany", we must first be sure to have some fundamental understanding of the general political and Governmental state the country is, but also has been in. Unlike other European political systems, but also the American political system, which have existed for years in the form we find them today, the German political system in its current state is a fairly recent "creation" as it is dated back to, merely, 194...
Tort law is a law of wrongs. The term "tort" entails wrong. According to John (2005), "Before tort was identified as a legal category in its own right, torts were known as 'private wrongs'." In modern tort cases the view of the Judicial is defendants owe duties to abstain from unfair conduct. Courts opine as to whether those responsibilities have been violated. Substantial tort philosophy is filled with principles and constructs that convey the idea of one person wronging another. [3] Underst...
Admissible Criminal Evidence It matters not how you get it; if you steal it even, it would be admissible in evidence" [per Justice Crompton in R v Leatham 1861] Discuss When considering the above statement it is necessary to examine legislation with regard to the admissibility of evidence. The starting point is to look at section 78 of the Police and Criminal Evidence Act 1984 which allows the court discretion to exclude any evidence they deem to have been unfairly obtained. There have been s...
If the case proceeds to trial the cross examination of Carla will be governed by section 41 (s41) of the Youth Justice and Criminal Evidence Act 1999 (YJCEA1999). This act deals with general exclusionary rules cross examination of complainants in sexual offence cases and also the circumstances in which evidence and cross examination on a complainants sexual behaviour will be permitted. Section 41 (1) provides that no questions may be adduced and asked in cross examination by, or on behalf of ...
The definition of contract in Islamic point of view is "an expression of the matching between a positive proposal made by one of the contractors and the acceptance of the other contractor in a way which has an impact on the subject of the contract. Shariah commercial law in islamic legal term known as fiqh muammalat, constitutes an important branch of law dealing with issue of contract and the legal effects arising from a contract that can be valid, void, or avoidable contract. For a valid co...
A seller f.o.b. performs his obligation by putting the goods which conform to the contract onboard the ship at his expense. The general rule in f.o.b. contracts is that risk passes on shipment and according to the traditional view, this is made when the goods cross the ship's rail. Moreover, there are various types of f.o.b. contract, and for the sake convenience, they have been grouped under three major headings which depend on the intention of parties as decided by the terms of contract and...
Public interest litigation (hereinafter 'PIL') was the innovation of not the Legislature but the Judiciary. The origin of the concept (in 1970s and early 80s [1] ) is not based on economic considerations of efficiency but on ground of "access to justice" for the downtrodden who did not have access to the Courts nor were fully aware of their rights and even if they were, they did not possess the means to get them enforced. [2] Since it was not the invention of the legislature, perhaps this mig...
The dismissal or termination of an employment contract by an employer may entitle an employee to seek redress through the courts based on a finding of wrongful and/or unfair dismissal. The pertinent distinction between the two is that a claim for wrongful dismissal is essentially an allegation of breach of contract, a common law action, whilst unfair dismissal is a dismissal committed in breach of relevant statutory provisions. In defence of such an action, an employer may wish to argue that ...
