"Common law actions have in recent years proved to be a fertile ground for environmental litigation, although the judiciary have demonstrated a rather lukewarm response to attempts to use torts as a mechanism to control the adverse impacts of pollution on people, property and the wider environment. The courts have shown a preference for specific pollution legislation, such as the Environmental Protection Act 1990, and have shown minimal support for attempts to develop the common law as a mean...
INTRODUCTION The Law Commission of India submitted its 185th Report in the March 2003 on the review of the Indian Evidence Act, 1872. Law of Evidence is one of the most important laws administered by our civil and criminal courts. The 185th Report of the Law Commission was exclusively on the review of the Indian Evidence Act. It looked into all the major emerging concerns in the administration of evidence law and figured out many suggestions so as to bring it in conformity with present day's ...
As opposed to USA, most of European countries support the idea of necessity to apply the distinction of state acts to jure imperii and jure gestionis in tortious activity. This approach was confirmed by Germany in Chernobyl case. [1] The claim was brought by hobby gardener in which it was required compensation for damage caused by nuclear accident to his produce. In this case, the Court stated: "This division between sovereign and non-sovereign activity is also applied to the legal pursuit of...
This essay will describe the United Nation (UN) Peacekeeping operation as a form of military intervention to ensure the implementation of comprehensive peace agreements and assist in laying the foundations for sustainable peace (UN Peacekeeping, 2010) in the Democratic Republic of Congo (DRC) due to the United Nations Organization Mission in the Democratic Republic of the Congo (MONUC) for the duration of the 30 November 1999 until 30 June 2010 (MONUC Mandate, 2010). In regarding to the MONUC...
In the United Kingdom, the Civil Justice System aims to provide an avenue for speedy, cheap and simple process to the dissolution of disputes between individuals or organizations. Typically, the claimant sues the defendant for his loss and injury caused by the latter. The burden of proof is usually on the claimant. Major changes have been made to the civil justice system in recent years. The Lord Woolf came out with a report, Access to Justice, which was published in 1996. This report is the ...
The compounding of offences is an act on the part of the victim whereby he/she decides to pardon the offence committed by the accused and request the court to exonerate him of all charges. The compounding of an offence does not mean that the offence has not been committed; it only means that the victim is willing to pardon it, or has accepted some form of a solatium as some form of compensation or redressal for what he has suffered [1] . This, however, does not mean that there can be no compo...
In order to critically evaluate the legal responses to the 'violence' of barebacking we must first understand a little about the subject, and then focus on the problems associated with the phenomenon. In this paper I will attempt to address some of the key cases surrounding the subject and also critically analyse the existing laws that govern the area. Bareback sex had its beginnings established from the moment people began having sex, but the term itself is far younger - in fact it "barely e...
In general, the criminal liability requires the proof of both actus reus and mens rea before convicting a person. When the necessity for the prosecution to prove mens rea (in the sense of intention, knowledge or recklessness, or even negligence) regarding the actus reus elements of the offence is disregarded, either expressly or impliedly, the offence in question is described as strict or absolute liability offence. What is the distinction (if any) between absolute and strict liability offenc...
In general, the criminal liability requires the proof of both actus reus and mens rea before convicting a person. When the necessity for the prosecution to prove mens rea (in the sense of intention, knowledge or recklessness) regarding the actus reus elements of the offence is disregarded, either expressly or impliedly, the offence in question is described as strict or absolute liability offence. What is the distinction (if any) between absolute and strict liability offences? The distinction ...
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...
