To advise Reggie, it is necessary to look at the law of adverse possession. Adverse possession is actual possession in the absence of possession by the rightful owner, and without lawful title.
PROPERTY I: LAND LAW COURSEWORK MO7934 NAME: JACQUELINE YEE-BING, LEE STUDENT NUMBER: 01228801 NUMBER OF WORDS: 2,993 Q.1 To advise Reggie, it is necessary to look at the law of adverse possession. Adverse possession is actual possession in the absence of possession by the rightful owner, and without lawful title. In adverse possession, no action can be brought by a person to recover land more than twelve years from the date on which the right accrued.1 Once twelve years past, the owner will lose both right to sue and his title to the property,2 as time will start to run against the prior owner only once he had been disposed or has discontinued possession3 and when adverse possession has been taken by another person.4 However, the law will be changed after the Land Registration Act 2002 (not yet in force) where section 96 of Land Registration Act 2002 which suspend the operation of section 15 and section 17 of the Limitation Act 1980. In this case, the island and the land on the shore will be treated as registered land. When Phil sold the land on the shore to his neighbour, Amanda, in 1970, the time starts then and Amanda have the right and interest to the land. However, the island would remain in Phil's possession as of 1965. In 1975, the time of adverse possession would start to run, when Reggie, without Amanda's agreement or consent, decided to move in and use
Microsoft Antitrust Case Microsoft is a large diversified computer software manufacturer. Microsoft produces the Windows family of operating systems
Microsoft Antitrust Case Microsoft is a large diversified computer software manufacturer. Microsoft produces the Windows family of operating systems for personal computers and servers. It also produces applications software that run on the Windows family of operating systems, most notably the very successful MS-Office Suite consisting of Word, Excel, PowerPoint, Outlook and Access. Almost all Microsoft products are complementary to a member of the Windows family of operating systems for personal computers and servers. During the last few years, the Federal Trade Commission and the Department of Justice of the United States have investigated Microsoft on various antitrust allegations. The 1991-1993 and 1993-1994 investigations by the Federal Trade Commission ended with no lawsuits. The 1994 investigation by the United States Department of Justice was terminated with a consent decree in 1995. The provisions of the 1995 consent decree were: . Microsoft agreed to end per-processor (zero marginal prices) contracts with computer manufacturers but it was allowed to use unrestricted quantity discounts. 2. Microsoft shall not enter into any License Agreement in which the terms of that agreement are expressly or implied conditioned upon the licensing of any other covered product, operating system software product or other product (provided, however, that this provision in and
Unmarried fathers and their children - has the law got it right?
Anna Pope CPE FAMILY LAW Unmarried fathers and their children - has the law got it right? Traditionally it was accepted that wives and children were of a secondary status to the husband, although the husband and wife in theory owed joint obligations to each other. The fact that the father was perceived as more of a supreme figure in the family, the power conferred on him meant that the obligations went more or less one way. Legitimate children were subject to the commands of their father, while the mother had no legal rights to interfere. Although this may have been the traditional view, it definitely appears somewhat dated. Due to female liberation during the 19th and 20th centuries, the position of women within the family has improved considerably. The legal rights of women have become in line with those of men (as married fathers), and have even become to be in a superior legal position compared to unmarried fathers. Who continue to lack automatic rights over their children.1 It is clear from the Strasbourg jurisprudence that the marriage bond will always give rise to ' family life', including were a bond is legally ended through divorce. But in the absence of a marital relationship, something more than a blood tie, in itself is required.2 Perhaps the easiest way of determining whether a non- marital relationship can be said to create a 'family life' is to
Evaluate the extent to which the Human Right Act 1998 is consistent with the traditional understanding of Parliamentary Sovereignty.
Evaluate the extent to which the Human Right Act 1998 is consistent with the traditional understanding of Parliamentary Sovereignty. How is it that the British Courts feel bound to disapply acts of Parliament inconsistent with EU law, but not those inconsistent with European Human Rights Law. Discuss Human Rights Act 1998 The United Kingdom was one of the initial signatories to the European Convention on Human Rights in 1950, which was established in post-war Europe as a means of enforcing essential human rights.1It was a direct result of the movement for cooperation in Western Europe, which in 1949 created the Council of Europe.2 By 1966, the United Kingdom had recognized the power of the European Court of Human Right to hear complaints of United Kingdom Citizens and the authority of the European Court on Human Right to adjudicate in such matters. The Convention declares certain human rights, which are or should be protected by the state and also provides judicial procedures by which the alleged infringement of these rights may be examined at an international level.3 The Convention could not have a direct effect in British courts because it was not incorporated into domestic law. The effect of which meant that individuals had to pursue their rights, which the state had endorsed in an external forum rather than through their own forum.4 However by 1998, these conventions
Penal Studies for Professional Practice
Penal Studies for Professional Practice "Women in prison face greater resettlement problems than men on release". Examine this statement and use research and academic writing and your own practice to find evidence to support or disprove this statement. The purpose of this essay is to support of disprove the statement "women in prison face greater resettlement problems than men on release". Research undertaken on the resettlement of female and male offenders has highlighted that little information currently exists. Therefore, I have widened my reading to include information on the characteristics of female and male offenders, their experiences of prison and the impact this has on their lives, as it is these which create and shape resettlement needs. To begin I will provide a brief description of the current rate and type of women being imprisoned. I will then go on to consider the aim of resettlement and what it encompasses. Following this I plan to investigate those issues deemed to be the cause of resettlement difficulties. I will focus on; housing, childcare, education and employment and substance misuse and will compare findings within these areas for both sexes. I appreciate that both long-term and short-term prisoners may both have resettlement needs, however, due to the limitations of this essay I will focus on those women in receipt of short custodial sentences as
Law of Torts
Law Unit 5 - Law of Torts If a person has done something wrong in civil law, for example like breaking an agreement or being careless and causing injury to another person or his property, then these wrongs are not punishable by prison sentence, rather they are 'civil' wrongs, and aim of civil law is to compensate the victim or to put right the wrong in some other way, this called Law of Torts. Now I am going to look at Occupiers Liability Act 1957 because the injuries to Nasma and Peter arisen from the state of the premises. Occupiers liability concerns the liability of an 'occupier of land' for the claimant's injury or loss or damage to the property suffered whilst on the occupier's premises. Therefore occupiers liability must be distinguish from damage caused by the defendant's use of his or her land, which the claimant suffers on his or her land. Occupiers liability is not given a definition under the 1957 act, section 1(1) merely states; 'in consequence of a person's occupation or control of premises'. The test for deciding whether a defendant in fact an 'occupiers' is determined by the degree of control arising from their presence or activity on the premises. Wheat v. Lacon (1966) in this case a manager of a pub was given the right to rent out rooms in his private quarters, by the owner. When paying guest fell on the unlit staircase, the HL held that both the
The right to a fair trial is one of the key points established within the human rights act 1998.
The right to a fair trial is one of the key points established within the human rights act 1998. ECHR Article 6 (1) & (3)(c), in summary, states that everyone charged with a criminal offence is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law and has the right: 'to defend himself in person or through legal assistance of his own choosing or, if he has not sufficient means to pay for legal assistance, to be given it free when the interests of justice so require'. Article 6 is one of the most significant convention articles and the one that is most frequently found to be violated.1 The far-reaching powers contained in new legislation have led the Government to derogate from Article 5 of the ECHR just over a year after the HRA came into force2. This decision flies in the face of the Government's commitment to human rights and has proved difficult to justify, as I will show in this assignment. Since the beginning of the 21st century the British Government has introduced two new pieces of legislation to deal with the now worldwide threat of terrorism. The Terrorism Act 2000 is the primary piece of UK counter-terrorist legislation and it has introduced new measures in the fight against terrorism. Passed by Parliament on 20 July 2000, it came into force on 19 February 2001 in response to the changing threat
To what extent do you think these aims have been (or will be) facilitated by the systems of land registration under the Land Charges Act 1925, the Land Registration Act 1925 and under the reforms set out in the Land Registration Act 2002.
"It has been policy of the law for over a hundred years to simplify and facilitate transaction in real property" To what extent do you think these aims have been (or will be) facilitated by the systems of land registration under the Land Charges Act 1925, the Land Registration Act 1925 and under the reforms set out in the Land Registration Act 2002. Land is a form of property1, which has been for hundreds of years, and still is today one of the most significant possessions in civilisation. Land is different to other forms of property2, and because of these such features it makes it feasible for more than one person to have a relationship and rights with a piece of land. The practical application of land law is the two-stage process of conveyancing3, the proof of ownership and the discovery of any encumbrances burdening the land. To facilitate conveyancing, the number of rights recognised by the law as having proprietary standing is restricted4, and to be documented they need to be both clear and easily identifiable. The identification of what rights are held in a piece of land and the rival interests of the various parties who hold them, lies at the very heart of land law. The holding of an equitable interest in another's land necessitates the need to protect it by ensuring it binds the purchaser on transfer. The most important aspect in the law of property is that
Juvenile Justice
Legal Studies Assessment Task Core Focus Study: Crime Juvenile Justice Juvenile justice is part of criminal law related to people who aren't old enough to be held responsible for criminal acts. In most states in Australia the responsibility is set at 18 years. Juvenile law is mostly governed by state law and most states which have performed a juvenile system. The main goal of the juvenile justice system is having cure and remedy rather than punishment. The first juvenile court was finally established in Cook County, Illinois, 1899. Similar to British the doctrine parens patriae served as the foundation for the right for the state to arbitrate and to provide protection for children whose parents did not provide care or supervision, Until the 19th century, children were punished and treated in the same way as adults. Men, women, adults, juveniles, mentally healthy, and mentally unhealthy people all together in the same place and treatment. The juvenile court was established in the early 20th century on the belief that children are different to adults and should be treated in a different manner. Also it is the states responsibility to protect and rehabilitate young offenders. It was a law reform of natural justice and treating everyone equally. There were now significant differences in the juvenile and criminal court systems. The focus of the juvenile court was on the
"Examine why sexual offenders attract so much attention these days. How has the Criminal Justice System responded to societies anxieties?"
Victims, Public Protection and Risk "Examine why sexual offenders attract so much attention these days. How has the Criminal Justice System responded to societies anxieties?" In preparing for this essay it has been identified that sexual offenders are not a homogenous group of individuals and that this is an umbrella term used to describe a range of behaviours ranging from acts of voyeurism and exhibitionism, to more serious acts of pedophilia and rape. For the purpose of this essay I have chosen to focus on the more serious forms of sex offending which in my opinion, are the cause of much of the current attention. In order to understand why sexual offenders attract so much attention I will begin by considering today's society and the emergence of post-modernist values and the preoccupation with risk. I shall then go on to consider the factors which have influenced this current climate. These include the media and its portrayal of high-profile cases like that of Sarah Payne and Sidney Cooke, actions taken in the USA to manage dangerous offenders and the introduction of new offences of 'grooming' spurred by the growth of the internet. Following this I shall concentrate on how the Criminal Justice System has responded to society's anxieties and public protection needs. I will consider the range of strategies implemented to manage and reduce risk, including new
