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Along with these qualities there are formal requirements as to age and residence (magistrates must be between 21 and 65 on appointment). A balance of occupations is also aimed at; advisory committees are recommended they should not have more than 15% of the bench coming from one category. Finally the Advisory Committee will interview candidates and then submit names of those they think are suitable to the Lord Chancellor who will then appoint new magistrates. After the selection process the training of magistrates will follow which would demonstrate if a person would be able to meet expectations of the role of a magistrate.
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The CPS prosecutes 95% of Crown Court and 25% of magistrates' courts cases. In addition, the CPS is governed by a 'Code for Crown Prosecutors', which outlines the role of the CPS and provides general guidelines to aid the operation of the CPS. The Code includes two tests, which need to be 'satisfied' before a prosecution can start or continue. The first is the evidential test. The evidential test involves looking at the evidence presented to them (the CPS) and then making a decision as to whether there is a "realistic prospect of conviction"2.
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"where the act is plainly indecent and likely to disgust and annoy, the jury are entitled to infer such disgust and annoyance without affirmative evidence that anyone was disgusted or annoyed". Therefore, the learned trial judge did not, as a matter of law misdirect the jury in Jane Horroll's case. In May (1989) the courts held that it was irrelevant that the boys may have enjoyed the performance of the schoolmaster 'behaving in an indecent manner with a desk' in the presence of the two boys.
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SCOPE AND LIMITATIONS The scope of the concept of reasonability in torts is very vast. However the literature available on the concept of a reasonable man is not very high. Therefore the reach of the project is understandably not very vast. The focus has been on the philosophy,development and application of this concept. RESEARCH QUESTIONS The researchers have tried to answer the questions like What is the concept of a Reasonable man? What is the practical purpose of its formulation? How much has it been used in various cases? Etc. STYLE OF WRITING A descriptive as well as an analytical style of writing have been employed by the researchers in the process.
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Property laws are only as good as the government that supports them, meaning that patents are only effective if the government which establishes these laws vows to uphold them with all of their power. Therefore, we can not look at American patent law without looking at the government which has promised to protect it. According to Article I, Section 8 of the US Constitution, one of Congress' duties is "To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries."
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If there is a contested application for contact, then it is a matter for the court to decide on S.1 (3) considerations. But this may have well changed as I with the Human Rights of all parties becoming an important factor. Under usual circumstances, it will be seen that a contact order will be granted to allow contact with the child and the non resident parent, and although the courts are very unwilling to allow no contact at all (more than likely to opt for indirect contact)
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In order for a court to decide how to distinguish a fixture from a chattel the courts generally consider two tests in deciding the issue: the degree of annexation of the object to the land; and the purpose of the annexation
In Leigh v. Taylor.4 the case concerned the question of whether tapestries which had been fixed to the walls by attaching them to wooden frames were fixtures or chattels. It was held that they were chattels as they were attached for the purpose of ornament and which could not be removed without causing structural injury were chattels. This approach continued in Berkley v. Poulett.5 in which the question of whether pictures fitted into recesses in panelling at Hinton House were fixtures or chattels.
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Examine the effects of this Act and its sister enactments, in order to determine weather or not the legislation relating to the family home is necessary and adequate.
The family home protection Act, 1976 was prompted as a result of a report published in 1972 by the commission on the Status of Women, the purpose of the act was to prevent one spouse, in whose sole name the family home was vested, from dealing with the property without the knowledge and/or the consent of the non owning spouse. Section 3 of the Act provides that: "Where a spouse, without the prior consent in writing of the other spouse, purports to convey any interest in the family home to any person except the other spouse, then subject to subsection (2)
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"Discuss the meaning and constitutional significance of the rule of law. Illustrate your answer with reference to decided cases".
In other words, all government actions must be authorized by law." (Reference in bibliography) Dicey states that rule of law means the absolute supremacy or predominance of regular law as opposed to the influence of arbitrary power or wide discretionary power. According to him Englishmen were ruled by the law and by the law alone; a man with us may be punished for breach of law, but can be punished for nothing else. In this sense the rule of law is contrasted with every system of government based on the exercise by person in authority of wide arbitrary or discretionary powers of constraint.
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The purpose of this assignment is to be able to understand the role purpose and responsibilities of the uniformed services. For this, I need to choose two different services that have various similarities and differences.
compassionate, courteous and patient, acting without fear of favour or prejudice to the rights of others 8 We need to be professional, calm, and restrained in the face of violence and apply only that force which is necessary to accomplish our lawful duty 9 We must strive to reduce the fears of the public and, so far as we can, reflect their priorities in the action we take 10 We must respond to well founded criticism with a willingness to change.
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Year after year the RSPCA have campaigned for a stronger law to be enforced concerning the use of loud fireworks and bangers due to the effect they have on the common house pet and wildlife. Earlier this year the Governments new fireworks regulations act was put into practice, but this still does very little to prevent animal distress. The law now states that fireworks must not be let off in public places between the hours of 11pm and 7am. But how will this help?
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disability. Preparation for becoming a magistrate involves induction evenings, training days and visits to prisons and young offenders institutions. It may take two years to be vetted, approved, trained and sworn in but to become the chair, they will need at least five years experience. On appointment, magistrates are required to swear, or affirm, that they : 'Will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, her heirs and successors, according to law.' And that they 'will well and truly serve our Sovereign Lady Queen Elizabeth the Second in the office of Justice of the Peace, and will do right to all manner of people after the laws and usages of this realm without fear or favour, affection or ill will.
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This is verbally done unless it becomes hard for the judge to distinguish the majority vote. The numbers of MP's who vote for and against is tallied and declared to the speaker in front of Members of the House. Next is the 'Second Reading,' which is the main debate on the whole Bill and where the main principles are discussed. This is mainly focused on main detail. Again, a vote is taken, although there must be a much more clearer majority for the Bill to progress any further. Next in the proceedings is the 'Committee Stage' where a detailed examination of each clause of the Bill takes place by a committee of MP's, usually chosen on their knowledge or interest in the certain subject of the Bill.
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The House of Lords did not lament this lacuna in the law. The House of Lords concluded that the evidence could not be rendered inadmissible even though it could be said to have contravened Article 8. Lord Nolan said: "...it would be a strange reflection on our law if a man who has admitted his participation in the illegal importation of large quantity of heroin should have his conviction set aside on the grounds that his privacy has been invaded."9 When Lord Nolan heard the case he, along with Lord Taylor, highlighted the fact that the Convention had not been incorporated into English Statutory law.
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In the case of R v Cocker it was decided that provocation means a loss of temper. This can create irrational differences as other similar emotions are not covered by defences e.g. fear, despair or as in R v Cocker compassion i.e. it was what is referred to by some as a Mercy Killing. The law seems to be indicating that people who cannot control their behaviour in one way are taking precedent, whilst those who cannot control it in another are not. This partial defence also seems outdated, it implies that individuals are incapable of controlling themselves and does not seem to reflect life in the 21st Century, but that of our Victorian past of gentlemen and settling quarrels by force.
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Criminal cases are decided by a Jury or magistrate and are held in a magistrate, crown or a high court. Both types of law are needed because both types of law are very different. In a civil case you employ a solicitor to guide you and represent you in a small claims court. In criminal law you will have both a solicitor and a barrister where the solicitor will advise you and the barrister and then in court the barrister will represent you and defend you in court in front of a jury.
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Therefore the idea of torts has come a bit late but now it is well established in India.1Infact tort is a wide concept in law and a continuous process. New concepts keep on indulging in it. The very concept of 'vicarious liability under article 21' is new one. It is emerging as an indispensable part of law. Article 21 provides the right to life and personal liberty, in a very broad sense, and vicarious liability deals with providing the compensation to injured, by the master for the wrong committed by his servant.
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The law reform act abolished the original year and a day rule and introduced a new time limit. This meant the "death must occur within three years, after that the attorney general's permission to prosecute must be obtained." This introduction has meant it provides justice for the victim and reflects the defendant's degree of fault. The three year rule also deals with causation as the attorney general's permission is needed. As for causation it could be said that it is too easy to pass the "but for" test and substantial cause tests as it is very easy to find a causal link between the defendant's actions and the outcome.
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Some people believe that the same can be applied to morality. They believe that good and evil, right and wrong, all follow a Natural Law which we can discover through our observations and our reason, they also believe that morality works in the same way for every nationality and at every time in history. Natural Law can be seen as an invisible measure, which never changes therefore everyone in the world could believe that a certain action is right but it could still be deemed wrong as Natural Law is independent of public opinion therefore a Natural Law approach to ethics is seen as absolutist or universal.
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How far do these sources confirm the view that the 1834 Poor Law Amendment Act was cruel in its implementation?
However these examples only show evidence of cruelty in a small number of workhouses across the country, so can not be generalised on the whole of the poor law system. There is also evidence to question the reliability of the source, as Engels showed much empathy towards the lower classes. Engels also met with Karl Marx and showed much interest into his views. Because of this it is clear that Engels would want to pick out such examples to influence others into disliking the poor law enforced by the commissioners.
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A moral justification will provide a valid reason why something should or should not happen. A famous debate concerning morals was between a Professor Hart and Lord Devlin. Professor Hart argued that morality was something totally different to law. He said law was the logical correct decision and morals were private judgements. Lord Devlin said law and morals were one of the same. The statement, "You can't legislate morality," is, in my opinion, a half truth. Almost every law on the statute books of every civil government is based on a moral, for example, slander or perjury laws enact the moral requirement "thou shalt not bear false witness."
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A Circuit judge or an experienced Recorder normally hears appeals from magistrates' courts. After committal, there is a "plea and directions hearing" before a judge alone, at which the defendant is arraigned, the indictment is read, and the defendant pleads guilty or not guilty. This should take place within six weeks of committal where the defendant is remanded on bail, and within four weeks if he is held in custody. If the defendant pleads guilty (as 70% do) the judge goes directly to sentencing.
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follow the common law, don't try to change it. There are different types of precedent; original, binding and persuasive. Original precedent is a point of law where a new case that hasn't been decided on in the past. In these cases the judge would look at cases that appear closest, the judge would use the case to reason by analogy. A case where the judge had to reason by analogy was in 1995, the case was Hunter and others V Canary Wharf Ltd.
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This reasoning has two problems. First, it is an oversimplification. In the First Certification Judgment, as well as in Grootboom and Treatment Action Campaign, the Constitutional Court said that protecting socio-economic rights sometimes requires the Court to negate government actions that interfere with a right. Thus, in Treatment Action Campaign, as Frank Michelman has pointed out, the Constitutional Court found that the government unconstitutionally interfered with the right of public doctors to distribute Nevirapine. This "negative" role regarding socio-economic rights is little different from the "negative" role United States courts play when vindicating political rights.
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