Matrimonial Causes Act - Essay following family supervision four.
Laura Jenkins Jesus College, part II law Essay following Family Supervision four The first point to note is that the divorce courts have very wide discretion about how property and assets are divided up upon divorce. Under section 25 of the Matrimonial Causes Act 1973 certain considerations are paramount, such as the welfare and housing arrangements of minor children. There then follows a list of factors that must be taken into account, although these may be disregarded by the court in the presence of other evidence: the court merely has a duty to consider these factors, rather than impose orders upon the basis of them. The principle laid down in White v White stated that, although there is no presumption of equality upon divorce, if the court intended to depart drastically from an equal splitting of assets they should have good reason to do so. Also under the authority of Lambert v Lambert, when assessing ancillary relief the court should not place greater weight upon the financial contributions of the breadwinner over that of the homemaker as a justification for an unequal division of assets. i) The first thing that A will want to consider is the possibility of obtaining a maintenance pending suit under section 22 of the MCA; this will compel L to make financial provision for A and the children until the outcome of the court proceedings is known. As these are contested
"Within the present system of precedent in the English legal system, judges have very little discretion in their decision making."
Judicial Precedent Past year examination questions Zone A 2001 Question 2 "Within the present system of precedent in the English legal system, judges have very little discretion in their decision making." Judges have always been relied upon to interpret and apply the law. Therefore, their decisions should be fair and consistent so as the individuals seeking legal remedies would have more faith in the judicial system of the state. AS the UK has not a very complete and/or codified constitution, this doctrine is very much relied on as contrasted with other countries which seemed to have provisions for virtually any kind of offence, like France or the US where judges had only to refer to legislation. The doctrine of Judicial Precedent operates based on the principle of Stare Decisis, inter alia, to stand by past decisions to establish certainty, fairness and consistency as well as predictability. The rationale of this doctrine was made by Parke J in the early case of Mirehouse v Rennell , where Parke J had stated that for the sake of uniformity, constancy and certainty, judges are not at liberty to reject or abandon precedents even if they feel that those rules were not as convenient or reasonable as they would have liked them to be. Till today, the reasons for its use are still valid in most cases, thus, the doctrine is regarded as a general rule in the UK. An
Chris Vincent November 18, 2001 American Government, Period 5 Fifth Amendment The fifth amendment states that: No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. This paper will be addressing the self-incrimination clause of the fifth amendment. The fifth amendment is where the famous Miranda Rights come from. These statements in their entirety are not often repeated in television or movies, but a more compact version of them. The statements in their entirety are as follows: You have the right to remain silent and refuse to answer questions. Do you understand? Anything you do say may be used against you in a court of law. Do you understand? You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future. Do you understand? If you cannot afford an attorney,
To What Extent Have the Main Aims of the Land Registration Acts Been Met?
LLB(HONS) LAW LAND ASSIGNMENT 2000/2001 To What Extent Have the Main Aims of the Land Registration Acts Been Met? The aims of the extensive restructuring of English property law that took place in 1925 can be accurately summarised by Lord Upjohn1: "it has been the policy of the law for over a hundred years to simplify and facilitate transactions in real property. It is of great importance that persons should be able freely and easily to raise money on the security of their tenure." Prior to 1925, the system for the transfer of land remained complex and haphazard. The legislation of 1925 sought to rectify this by several means, the most notable of which was the expansion of the registered land system. The need for a comprehensive register of title to land had long been the primary ambition of law reformers. This is plainly evident in a 1857 Royal Commission2 which wanted land owners "to deal with land in as simple and easy a manner, as far as title is concerned..." The realisation of this goal depended ultimately upon a definitive record of the rights and obligations relating to all land in England and Wales3. Consequently, the Land Registry Act (1862) introduced an early system of Land Registration. However, the system proved unworkable and an entirely new system was established by the Land Transfer Acts of 1875 and 18974. While it is true that the aims of the
Is the imposition of strict liability ever justifiable in criminal law?
Is the imposition of strict liability ever justifiable in criminal law? It is the purpose of this essay to discuss whether the implementation of strict liability within criminal law system is a necessary means for combating crime, and if there is any justification for its use. Strict liability is the placing of liability upon the defendant(s), regardless of whether or not mens rea is present. This can include instances of negligence, carelessness or accident. There are a number of arguments for and against strict liability, and this essay will identify and explore these arguments. It is often argued that by promoting high standards of care, strict liability protects the liberty of the public from dangerous practices. Barbara Wootton (Crime and Criminal Law: reflections of a Magistrates and Social Scientist, 1981, p.256-258) defends strict liability on this basis, suggesting that the objective of criminal law is to prevent 'socially damaging activities'. In support of this, it is suggested by Elliot and Quinn (Criminal Law, 2000, p.32) that- 'It would be absurd to turn a blind eye to those who cause harm due to carelessness, negligence or even an accident'. This approach appears to be stringent. One might be inclined to suggest that accident is part of human nature, and in applying strict liability to even the most honest mistakes, a satisfactory outcome may not be
Vicariouis liability and article 21
PROJECT SUBJECT: TORTS TOPIC: VICARIOUIS LIABILITY AND ARTICLE 21 SUBMITTED TO MRS. STELINA JOLLY SUBMITTED BY GOPAL BOSE I STSEMESTER B.Sc LLB. ROLL NO 279 ACKNOWLEDGMENT I take this opportunity to express my gratitude and personal regards to Mrs. Stelina jolly for inspiring and guiding me during the course of this project work. I also owe my sincere thanks to the library staff, National Law University for the cooperation and facility extended from time to time during the progress of my project work. And last but not the least I must give my humblest gratitude to my parents and my friends for their support and encouragement. [GOPAL BOSE] OBJECTIVES AND METHODOLOGY OBJECTIVES: : TO FIND OUT AND STUDY THE RELATIONSHIP BETWEEN THE VICARIOUS LIABILITY AND ARTICLE 21 2: TO DRAW UP THE BASIC TRENDS BY ANALYSING VARIOUS CASES METHODOLOGY THE BASIC METHODOLOGY ADOPTED TO PREPARE THIS RESEARCH IS DEDUCTIVE THAT IS TO STUDY VARIOUS CASES, TO ANALYSE THE LAWS IN THE SAME TOPIC AND UNDERSTAND THE GENERAL PRINCIPLE TO DRAW A GENERAL CONCLUSION. TABLE OF CONTENTS 1:......................................INTRODUCTION 2:......................................RELATION 3:......................................CASE ANALYSIS 4:......................................CONCLUSION 5:......................................ANNEXURE
Arbitration - ways of resolving civil disputes.
ADR Law Exam - Jan 2001 5a) There are a number of alternative ways of resolving civil disputes other than an action before the civil courts. The range of alternatives available include tribunals, arbitration, mediation and conciliation. Arbitration is one method to resolve disputes without court action. Both sides voluntarily agree to an independent third party making a decision on their case. Arbitration is an alternative to court action (litigation), and generally, just as final and binding (unlike mediation, negotiation and conciliation which are non-binding). This process is governed by the Arbitration Act 1996. General principles of arbitration are as follows: * The object of arbitration is to obtain a fair resolution of disputes by an impartial third party without unnecessary expense or delay. * Parties should be free to agree how their disputes are resolved, subject only to such safeguards as are necessary in the public interest. * Courts should not interfere. There are three different classifications of arbitration which are: * Commercial arbitration; this is the most common of disputes. Just as it sounds it is a dispute between two commercial enterprises. The Scott v Avery (1855) case signalled this new approach, so a clause in a contract pre-agreeing arbitration is called a Scott Avery Clause. * Consumer arbitration surrounds disputes between a consumer
Duress and Necessity
Duress is defence that is used when a person is forced to commit a crime because his close friends or family are under a threat of serious physical harm or even death. It must involve an immediate threat of an unavoidable situation. If it is a situation in which he would have to time to report the offence then he will not be able to use duress as a defence. However any other threat of any kind is insufficient which shows this in SINGH . Duress is a general defence but however not for all crimes for example isn't available for someone who voluntarily and with knowledge, joins a criminal gang, organisation or conspiracy, knowing of their criminal activities and that there is a risk of them pressurizing him into committing them. In HUDSON & TAYLOR  was two young women, one aged 19 and the other 17. They was about to enter court to give evidence in a criminal trial when a gang came up to them and threatened to 'cut them up' if they didn't give false evidence about the current trial, so the to women lied in court and were found out and convicted with perjury. They could not use duress as a defence as they had a sufficient amount of time to report the threat to the police which they did not. The defence of duress is no available to a person who voluntary and with knowledge joins a gang or criminal organisation or conspiracy and knowing that others might bring them
The Poor Law was a system established since the reign of Queen Elizabeth I, about two hundred years before the Poor Law Amendment Act of 1834
Course Essay The Poor Law was a system established since the reign of Queen Elizabeth I, about two hundred years before the Poor Law Amendment Act of 1834. In this system the able-bodied poor should be set to work, whilst the others had to be provided for by their parish of birth. By 1795 when the whole system was under strain, an attempted solution was the Speenhamland system also know as the allowance system that was devised in 1795. This was devised to relieve the acute distress of the poor by giving money to families calculated according to the number of children and the price of bread. As the Poor Law was becoming increasingly costly throughout the years, there had to be change in order to protect the ratepayers and government alike. Apart from the cost of the Poor Law, other factors such as War, possible revolution under the influence of 1830's French Revolution, 'laissez faire', over-population, corruption, demoralisation, the results of the Royal Commission and the role of important individuals have helped to convince the government that they had to react to the distress and abuse that existed and that the Poor Law was not doing what it was intended to do originally: provide for those who genuinely needed it. This led to an inquiry into the situation so as to reform the system and make it more efficient and cost effective. Thomas Malthus (1766-1834) and David
Legal Review Questions
Legal Review Questions . To what extent is law influenced by the society in which it operates? It is influenced quite heavily as there are many contributing factors that can alter which laws come into place under the jurisdiction. The following outlines what affects the law in regards to societal expectations: * Social: All moral, ethical, intellectual and cultural teachings. * Cultural: A person's moral basis. * Political: Reflection of political structures. * Economical: Economic powers creating equality. * Morality: Peoples understanding of the law. All these factors play a major role in the creating and alteration of the law and its components. In order to create a just and moral society a government must incorporate all of these factors in order to maintain it. 2. What characterize a just law? A just law has a number of widely recognized characteristics. A just law is characterized by the following: * Treats all people equally: The notion of equality is an important aspect of the law. Although a just law may be providing equality it doesn't always occur that way. For example, a wealthy person may be able to afford legal representation, but those people who can't afford legal representation will be disadvantaged and will not have an equal opportunity before the law. * Maintains a link to religious or ethical precepts: The common law legal system is the