Legal terms Essays

A rail worker was oiling the track when he was killed; no ‘stopping man’ has been provided. Under a statute, compensation was given to workers who were “replacing or relaying” track but there was no statute to cover workers that were oiling a track. By applying the Literal rule no compensation was given to the family. This case is an example of how the literal rule can lead to an unjust conclusion. Because the act was interpreted by using the literal rule there was no ambiguity in the words of the

This case is an example of forensic Sexology as there is a relationship between human sexuality and the legal system in place in society (McCartan, 2011). This case involves paedophilia and sexual abuse as the ICD10 classifies paedophilia as a sexual preference for children usually of prepubertal or early pubertal age (Blanchard, 2013). There are many cases

In the world of criminal law, the term ‘omission’ or refusal to act falls under the category of ‘actus reus’. In English criminal law, it is not common to witness omissions of people being deemed guilty and individuals being criminalised for such a cause subject to circumstances such as special duty, the formation of a situation that can be deemed dangerous and contractual obligation. This opens the door to accountability but only when the law enforces an obligation to act and the offender is guilty

foot tall guy, therefore she jumped out of the window and broke her ankle. Under the section 352 of the penal code, it also says that unless the defendant actions are caused by grave and sudden provocation, he shall be punished with a fine or a jail term or both. In Dave’s case, there is no grave and sudden provocation in my opinion as he has the time to follow May upstairs. Similar to R v Roberts (1971), the court held that the defendant’s actions were foreseeable

Australian Competition & Consumer Commission v Ticketek Pty Ltd (2011) Nature of the Case and the central legal issue Australian Competition and consumer law (ACCC) held proceedings in 2011 against Ticketek Pty Ltd at the Federal Court for contravening with Section 46 of the Trade Practices Act now known as the Competition & Consumer Act (2010) at four instances. Tickettek was alleged for deterring or preventing Lasttix from engaging in competitive conduct in the ticketing related services market

personal experience, opportunities available for the members of the family, the cognitive abilities of children and their education and also the family leisure and recreation. The productivity of families will however be described in this project in terms the children cognitive development and education and the family

Sally Beauty Holdings, Inc. (SBH) is one of the largest international beauty supply retailer and distributors in the United States. Sally Beauty Holdings ranks as #643 on the list of Fortune 1000 Companies. According to Sally Beauty Holdings 2013 Annual Report, the company has $3.6 billion in revenue and $261 billion in net earnings. The company operates under two segments, Sally Beauty Supply and Beauty Systems Group. Both segments make up a combined total of 4,669 stores under the Sally Beauty

Prison Litigation Reform Act (“PLRA”) generally requires a prisoner Plaintiff to exhaust administrative remedies before filing suit in federal court. Title 42 U.S.C. § 1997e(a) provides that “[n]o action shall be brought with respect to prison conditions under § 1983 of this title, or any other Federal law by a prisoner confined in any jail, prison, or other correctional facility until such administrative remedies as are available are exhausted.” See also Moore v. Bennette, 517 F.3d 717, 725 (4th

Case name + citation: R v Ryan [2013] 3 SCC Relevant facts: Ryan was in an abusive relationship with her husband, who repeatedly threatened her and her daughter with death and bodily harm [p4]. Due to the threats, Ryan believed that her husband would ultimately kill her and her daughter, if she did not take action to kill him first [p4]. Ryan hired multiple hit men, the final being an undercover RCMP officer who agreed to help [p5]. Ryan was charged under s. 464(a) of the Criminal Code with counselling

Ami Patel ACT-6100-002 IRAC Assignment #3 August 2,2017 Chavers v. Epsco, Inc., 02-866. 98 S.W.3d 421 (2003) Facts: Epsco, Inc., staffing company filed a law-suit against Chavers Welding and Construction(CWC) for not providing timely payment. CWC was owned by Gary Chavers and his sons, Reggie Chavers and Mark Chavers. As the company was bankrupt, the plaintiff filed the complaint against the owners, the father, and the two sons, claiming them to be the partners in the business. Based on the evidence

William Walsh was charged with second-degree murder for murdering, tampering evidence and criminal possession of a weapon. He had murdered his wife, Leah Hirschel Walsh, r on October 26, 2008. She was a special education teacher and she worked at the school for language and communication development. William and Leah were married for three years. He admits to choking her in their bedroom after an argument they had about him spending Saturday nights in Atlantic City with his friend and returning home

Defendant Highland Threads, Inc. files its No-Evidence Motion for Summary Judgment pursuant to the Texas Rules of Civil Procedure 166a(i) and respectfully asks the Court to sign a final summary judgment disposing of Plaintiff’s claims against it. Pursuant to the Texas Rule of Civil Procedure 41, Defendant simultaneously files this Motion to Sever to have Plaintiff’s claims against it severed so that the summary judgment can be made final as to Defendant Highland Threads, Inc. I. DEFENDANT HIGHLAND

A Federal Tax Lien or State Tax Lien gives the IRS, or your State Department of Taxation, a legal claim to your property as security or payment for your tax debt. A Notice of Federal Tax Lien may be filed only after: • IRS assesses the liability; • IRS sends you a Notice and Demand for Payment - a bill that tells you how much you owe in taxes; and • You neglect or refuse to fully pay the debt within 10 days after we notify you about it. Federal Tax Liens are public records that indicate you owe the

In order for a person to be found guilty of a crime, two elements must be present which are the actus reus (guilty act) and the mens rea (guilty mind). The first part of this essay seeks to consider the liability for homicide offences and also assess whether Jason, Welch, Ellis and Stevens have any potential defences based on the crimes they committed. P360 Will Jason be held liable for the death of pinky? Pinky suffered harm from Jason’s act, in a situation like this, we would need to look at s

of the man detailed in the dispute. What got him in trouble for defamation was that during his book media tour he repeatedly name-dropped Ventura as the aggressor in their altercation. Due to Kyle’s lack of training he may not have realized the legal significance of naming Ventura. Ventura being a public figure, should have known that questioning a military hero could have brought him a lot of backlash whether or not the statements were true or false. It is plain and simple. Kyle went to court

Ana v Brad and Connie : Assault Ana has an action in assault against Brad and Connie which directly produced apprehension in Brad and Connie. To satisfy the elements of assault Ana created a direct threat and threat can be identified from her violent act. Furthermore, that could be identified that plaintiff’s apprehension must be reasonable and threatened interference is imminent. The act was intended and Ana would have foreseen it as she was concerned about safety warnings. Relatively, the case

Court Hearing This letter is in regards to our two meetings that we have had, which were held on the 18th and 28th of February 2017. As a result of your assault charges, I have outlined some important instructions below that will assist you with your case. Your instructions During our first meeting on the 18th of February, we discussed the events that occurred to you on the 31st of December 2016. At approximately 11:30pm, while you celebrating New Years Eve, Dan Dawson approached you, accusing

Prosecutors and defense attorneys spent most of last Thursday morning in chambers with the judge regarding motions in the Mark Miller case. In some brief remarks in open court following the meeting, it appeared the case of the well-known Jasper attorney accused of taking as much as $2 million from clients will be heading to trial within the month unless a plea deal is reached. Senior Judge Richard Winegarden, who has handled all hearings in this case since Miller was arrested in June, granted

For the offence against Tom, Dave could be charged with blackmail (s.21 Theft act 1968). The actus reus of blackmail is ‘a demand that is unwarranted and made with menaces’. The demand can take any form and can be suggested or implied (Collister and Warhurst) and is complete as soon as it is made, the victim doesn’t have to receive it (Treacy v DPP). Here, there was an express demand for a repayment of £1000 from Tom to Dave. The demand must also be unwarranted, however it will be found not to be

Leeds Combined Court Centre was attended on 30/11/16. In a courtroom no. 12, a case of R v Fellenton was considered. His ex-wife Hillary R. prosecuted Oliver Fellenton. Mr. Fellenton and Ms. R. married in 1988. They have four children all over 18 now. They moved from London to Halifax in 1999. Most of the time, Mr. Fellenton worked on the contract away from home during the week. Therefore, they never actually lived together. Problems started when defendant’s contract ended. Ms. R. stated that they