Citation: R .v Farrell (2002) NSWSC 375 New South Wales Supreme Court HEARING DATE {S): 19 February 2002 to 22 February 2002‚ 25 February 2002 to 28 February 2002 & 12 April 2002. Parties: Regina‚ Jason Edward Gordon FARRELL Criminal Law-Sentencing-Murder The Criminal’s Guilty Mind (Mens Rea): Jason Edward Gordon Farrell found that the decreased Liam Salter-Tully presumably broke into their flat and slept in the flat and thereby Mr Farrell was unhappy with this. The Criminal’s Guilty
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Case Summary Union of India v. Raghubir Singh SCHOOL OF LAW CHRIST UNIVERSITY BANGALORE- 560028 2012-2013 NAME: VIVEK.K.R REGISTER NO: 1216044 CLASS: 1 BA LLB A Identification Name of the case: Union of India (UOI) and Anr. Vs. Raghubir Singh (Dead) by Lrs. Etc. Jurisdiction: Appeal From the Judgment and Order dated 06.12.1984 of the Delhi High Court in Regular First Appeal Nos. 113 and 114 of 1968. Level of the deciding Court: Supreme Court Date of decision: 16.05.1989 Equivalent
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holistic outcome for all parties involved. The issues that explore and reflect the role of discretion within our criminal justice system are police discretion‚ charge negotiation and judicial discretion in sentencing. The first aspect of the legal system in which discretion is used is in the powers given to police in the criminal investigative process. The responsibility of enforcing criminal always and ensuring they are adhered to lies with the police in the prevention and detection of crime
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Models for the Analysis of Legal Argumentation EVELINE T. FETERIS Department of Speech Communication‚ Argumentation Theory and Rhetoric University of Amsterdam Spuistraat 134 1012 VB Amsterdam Netherlands e.t.feteris@uva.nl Introduction In their classical works on argumentation the philosophers Chaïm Perelman and Stephen Toulmin presented the procedures and practices of legal reasoning as a model for a rational practice of argumentation. In the 50 years since the publication of Perelman and
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Legal positivists make some distinctive claims about what constitutes legal validity. It is difficult to improve on the following introduction offered by Leslie Green: "Whether a society has a legal system depends on the presence of certain structures of governance‚ not on the extent to which it satisfies ideals of justice‚ democracy‚ or the rule of law. What laws are in force in that system depends on what social standards its officials recognize as authoritative; for example‚ legislative enactments
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give-and-take of a negotiated settlement and a contract specifies the minimum acceptable standard of performance. b) Intention to create legal relationship: - One of the essential elements in the creation of a binding contract‚ this intention is implied by the fact that it is not expressly denied. Intention to bind the other party with the involved legal obligations. c) Free and genuine contract:-Two parties must give their Free and genuine contract to the term of agreement. Such
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Business Law – Unit 15 Task 01-a A legal system in a country embodies both the law of that country and the mechanisms the country has in place for regulating and enforcing those laws. A legal system incorporates: * The country’s law * The legislature: the law making body * The judiciary: the body that sits in judgment on disputes about laws * The prosecution system: the system that seeks to ensure the criminal law in enforced and people who break the law are prosecuted * The
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Paul Nature of Law Legal Positivism There are a lot of theorists who pioneered in the concept of Legal Positivism.But among them are two leading theorists who mainly contributed on this idea and further argued on each other’s respective opposite views. One of which is John Austin‚ who holds that legal positivism is the nature of law which deals with the existence and contents of law based on social facts and not on its merits. He also established the command theory of law which maintains
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PERSONNEL PSYCHOLOGY 1997‚ 50 EXPLAINING U.S. COURTS OF APPEALS DECISIONS INVOLVING PERFORMANCE APPRAISAL: ACCURACY‚ FAIRNESS‚ AND VALIDATION JON M. WERNER‚ MARK C. BOLINO Department of Management University of South Carolina Accuracy and due process perspectives were used to extend policycapturing research concerning employment discrimination case law. TWo-hundred ninety-five usable U.S. Circuit Court decisions concerning performance appraisal were located from 1980-1995. In both chisquare
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always coincide. Plato expressed that equity is a necessary element supplementary to the imperfect generalization of legal rules.[2] Seven Hundred years old clarion call of Magna Carta –“To no one will we sell‚ to no one will we refuse or delay the right to justice” very pertinently embodies the principle of legal aid. However‚ it was only when the colonial hangover of the Indian legal system was pointed by the committee for illegal aid and was stated that the shadow of the law created by the British
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