A number of views have been expressed that 'marriage' between two heterosexual couples is not the same as a 'homosexual liaison'.
2. An attempt of analysing our approach to marriage is to ask ourselves how many of the same principle might apply to gay and lesbian relationships. A number of views have been expressed that 'marriage' between two heterosexual couples is not the same as a 'homosexual liaison'. "As a Baptist Minister, I cannot see how gay relationships can possibly be equated to marriage. Marriage is a unique institution because it allows for the possibility of children being conceived and nurtured. In marriage, a man and a woman makes an exclusive commitment to each other. Whilst I recognise that this does not always work out in practice, no comparable situations can ever apply to homosexual couples"1 The question of same-sex marriage is relatively new on the Family law agenda in this country. Until the Sexual Offences (Amendment) Act 1957, sexual intercourse between males was a criminal offence. Complaints that such law violated the right to respect for private life under Article 8 of the European Convention on Human Rights were routinely found inadmissible during the 1950s and 1960s. However, things started changing in the 1970s by the Court of Appeal decision in 19812, that the total prohibition in Northern Ireland was a breach of Article 8(1) which could not be justified under Article 8(2) as "necessary in a democratic society" either for the protection of morals or the rights and
Evaluate police powers of arrest, detention and search.
Evaluate police powers of arrest, detention and search. Much of the domestic law outlining governmental powers of detention and investigation now derive from a single piece of legislation called the Police and Criminal Evidence Act 1984 (PACE). The Home Secretary at the time, Leon Brittan, described PACE as "a long overdue reform and modernisation of the law governing the investigation of crime. The government's aim has throughout been to ensure that the police have the powers they need to bring offenders to justice, but at the same time to balance those powers with new safeguards to ensure that these powers are used properly, and only where and to the extent that they are necessary."1 PACE deals with a large range of police powers and also includes various police 'codes of practice' specifying how particular powers ought to be used in respect of powers of search without arrest, the treatment and questioning of detained persons, the searching of premises and seizure of property and the tape-recording of interviews with detained persons. The most common power of arrest without a warrant relates to situations in which it is feared that a breach of the peace is occurring or is about to occur: 'A constable has the power to arrest where there is reasonable apprehension of imminent danger of a breach of the peace. There is a breach of the peace whenever harm is actually done
LAW OF CONTRACT. LAW 103. THE CONTENT OF THE CONTRACT.
LAW OF CONTRACT. LAW 103. THE CONTENT OF THE CONTRACT. . CONTRACTUAL TERMS. The terms of a contract identify the rights and obligations of each party under that contract. A contract is merely a collection of terms - duties and rights and penalties, some of which may be in writing and some of which may be oral. Terms create contractual obligations for breach of which an action lies. Terms may be either express or implied. Express terms. Express terms are those which are specifically agreed by the parties. Implied terms. Implied terms are those which form part of the contract but they have not been specifically agreed between the parties during the negotiations for that contract. Terms may be implied into the contract in a number of ways;- Terms implied through custom and practice. Perhaps a most obvious example here would be the fact that contracts in the baking industry that make reference to the term 'dozen' may actually mean thirteen rather than twelve as that is a custom within that industry. "It has long been settled that, in commercial transactions, extrinsic evidence of custom and usage is admissible to annex incidents to written contract, in matters with respect to which they are silent... and this has been done upon the principle of presumption that, in such transactions, the parties did not mean to express in writing the whole of the contract by which
Judicial Reform and Bill of Rights.
Judicial Reform and Bill of Rights Many people believe the present UK judicial system is unfair, old fashioned and in need of a major reform. The cost of legal aid has soared in the last ten years, and solicitors often charge £100 an hour to hire, with barristers costing even more. Even though citizens who cannot afford these rates may be entitled to free legal aid, a lot of people simply don't bother because the time and cost impediments cause more trouble than the case itself. There is great competition between solicitors firms for business, and many people think that the more a solicitor costs, the better the quality of advice is, which is not always the case. Even though the 'no win, no fee' formats introduced to solicitors by the Lord Chancellor are unjust, as the firms tend to take most of the compensation as legal fees. Another reason, which may suggest a need for a reform, is the fact that British judges are un-elected and so are undemocratic. The present system is not only elitist, but it favours white, middle class, well educated males, proving that it can be a racist, sexist, class discriminating system. The public has no choice in deciding who judges and adjourns various cases. A less distinguished point that criticises the UK judicial system is the number of scandals involving Freemasons and other 'secret clubs' in the structure. Two successive governments
As the juvenile courts converge procedurally and substantively with the adult criminal courts, does any reason remain to maintain a separate juvenile justice system?
Jurisdictionally and jurisprudentially, decriminalization of status offenders, waiver of serious offenders for adult prosecution, and increased punishment of delinquents, constitutes a criminological triage in the juvenile justice system. Some have argued that this has resulted in discrimination based on race, gender, and socioeconomic class. Discuss the structural components of this triage strategy, and its' impact on social and legal changes in the juvenile justice system. As the juvenile courts converge procedurally and substantively with the adult criminal courts, does any reason remain to maintain a separate juvenile justice system? Currently, scholarly communities are presenting studies that appear aimed at undermining the current juvenile justice system. The impact of eliminating the juvenile justice system would be, of course, to pragmatically expunge the distinction between young offenders and adult criminals. Leading the charge for the abolition of the juvenile courts system as we know it in the academic community is University of Minnesota Law professor Barry Feld. From his philosophical perspective, as discussed in Bad Kids, Race and the Transformation of the Juvenile Court, Feld's (1999), postulates that ["....the flaw with the criminal justice system lies in the very idea that the juvenile court can successfully combine criminal social control and social
Discuss the relationship between a commitment to universal children's rights and a recognition of cultural differences in child-rearing practices.
SCLG 2003, Amanda Hallett, SID: 9816982 Q13: 'Discuss the relationship between a commitment to universal children's rights and a recognition of cultural differences in child-rearing practices.' The relationship between a commitment to universal children's rights and a recognition of cultural differences in child-rearing practices has been an issue of debate for over sixty years. International documents attempt to perform the dual roles of both upholding the legitimacy of cultural differences whilst simultaneously attempting to institute a universalised norm or standard. In order to do this they must battle divergences not just of definition, but also between various ideologies in such a manner that reconciles concepts of 'otherness'. Cultural differences present a number of problems for those seeking to understand the 'other', thus it is especially important that alternative value systems be viewed in their cultural and historical context. Most issues pertaining to international human rights also applies to that of universal children's rights, for example it is important to delineate between authentic cultural differences and those used to further political agendas. Further hindering international acceptance of any universal standard are those perceptions that link human rights activism to an attempt to enforce Western standards and thus global domination. Thus there are
Torts project - Payment of Compensation in Hit and Run Motor Accident.
TORTS PROJECT Payment of Compensation in Hit and Run Motor Accident THIS PROJECT IS SUBMITTED AS THE PARTIAL FULFILMENT OF THE B Sc LLB (Hons.) COURSE SUBMITTED TO: SUBMITTED BY: Miss. Stellina Jolly Nilesh Bairwa B.A. LL.B (Hons) FACULTY OF TORTS I SEMESTER NATIONAL LAW UNIVRSITY (ROLL NO.291) S.NO PARTICULARS PAGE NO. ACKNOWLEDGEMENT 3 2 RESEARCH METHODOLOGY 4 3 INTRODUCTION 5 4 COMPENSATION PROVISION 6 5 HOW THE APPLICATION IS FILLED 18 6 CASE ANALYSIS 23 7 CONCLUSION 25 8 BIBLIOGRAPHY 26 ACKNOWLEDGEMENT I NILESH BAIRWA student of B.A. LL.B.(Hons.) sincerely express my gratitude towards our faculty member Ms. Stellina Jolly for giving me the chance to research On the topic "PAYMENT OF COMPENSATION IN HIT AND RUN MOTOR ACCIDENT". I would thank almighty god to give me the to work on this project. Moreover, I would also thank our librarian, my seniors who helped me in accomplishing this project and last but not the least my friends and parents specially my father who were there in every step of this project to
LAW OF DELICT
Law case studies for Delict DEBBIE GUNN CASE STUDY 1 Q1) What is a duty of care? A duty of care can be defined as a legal obligation, to give a level of care towards another individual, to avoid injury or harm to that individual or their property. It is that 'a person should take reasonable care to avoid acts or omissions that they could reasonably foresee to harm their neighbour'. This can be defined as say a father had a duty of care to a sick child to get that child to a doctor, if that father had done so he had acted to help that child so had acted in his duty to care, had he failed to do so and not have called the doctor to help then this would have been classed as an 'omission' or failure to act. In Danny's case he did not take reasonable care Under the law of Delict negligence is harm caused unintentionally and negligence claims come about because the person who is at fault or caused the harm owed a duty of care and has breached this by causing harm, loss or damage to the pursuer. In order to succeed when bringing a negligence claim the pursuer must show that the defender owed him/her a duty of care and the defender was in the position to cause harm which they failed to prevent occurring and the pursuer must also show that it was the defenders breach of duty that was the main cause for the loss or harm caused by him/her. The legal precedent for
The Criminal Justice System: A Questionable Egalitarian Model
The Criminal Justice System: A Questionable Egalitarian Model Two basic forces can be found at work in the daily operation of the criminal justice system. On the one hand, it can be seen that the components of the criminal justice system are parts of organizational bureaucracies, which emphasize "initiative," often times at the expense of adherence to rules and regulations. On the other hand, there is the "rule of law," which emphasizes the rights of individual citizens and is designed to maintain constraints on the initiative of legal officials. The tension between these two forces constitutes one of the main problems of criminal justice agencies in their attempts to operate as democratic institutions. Furthermore, the tension between "order" and "legality" is related to the public demand that the institutions of criminal justice actually provide justice, rather than merely intending to provide it. For various reasons, there is widespread suspicion in society that the institutions of criminal justice are failing to actually secure justice. This suspicion, in turn, is eroding the trust and confidence imbued upon these institutions by the very constituency they are responsible for serving. This paper will discuss this statement as it relates to the three major segments of the criminal justice system: law enforcement, courts, and corrections. Many scholars in the
In advising Bennys position of the interest over the said property (the flat), it is necessary to examine the relationship between Amy and Benny, because, the flat is at Amys sole name.
In advising Benny's position of the interest over the said property ("the flat"), it is necessary to examine the relationship between Amy and Benny, because, "the flat" is at Amy's sole name. It is not arguable, Amy is the legal owner and subsequently withheld the legal title. Also, they are unmarried couple and started cohabiting lived at "the flat". Besides "the flat" was free of mortgage, in virtue of Amy's earned profits made from her investments. Thus, it is difficult for Benny to entitle as he wished at least a half share of "the flat". In analysis the proposition of legal authority, there are two limbs of recognised interest over "the flat", either legal interest or equitable interest. Legal interest is binding upon to the whole world, all subsequent created legal or equitable interest. Admittedly, Benny did not have such legal interest (or estate). The legal interest (or estate) is enforced by the common law rules, as well defined at Section 2 of CPO1 in statutory and creates into formalities (emphasis on 'form'). It means that "the flat" is to be disposed (i.e. transferred and created) its legal interest by assignment ("conveyancing document"). Must be in the form of a deed signed, sealed and delivered by the vendor (one hold legal title as legal owner) to effect a valid transfer of legal estate2. Owing to Amy's sole name over "the flat", then Benny did not have
