CASE TOPIC AREA RESULTING LAW [CASE DETAILS] "Whitely v Chapel " "Interpretation of Statute " "literal rule - words given dict’ meaning [voted under dead person’s name. Cannot impersonate a dead person] " "Re Sigsworth " "Interpretation of Statute " golden rule - above disregarded if absurd/repugnant situation [son due to inherit from his mother after murdering her] "DPP vs Bull / Corkery v Carpenter " "Interpretation of Statute " "mischief rule - interpret for intended effect [law referrign
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is the highest level of blameworthiness. the fault elements common in defintion of offences are intention and recklessness. they reflect different degrees of blameworthiness ie intention to kill/gbh for murder-life sentence but recklessness is manslaughter and this carries discretion by judges in sentencing upto a life sentence‚ ( OAPA 1861 s 5) 5) the concepts of recklessness and intention are distinct and have a hierarchical relationship. so the boundary of intention and recklessness ( the taking
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The Evolution of Consumer Protection Law in India By ONKAR PRADEEP SULE Roll No. - 54 Masters of Management Studies Year – 1st‚ SEM – 2nd KCIMS THANE CERTIFICATE I‚ NADIRSHAW K. DHONDY‚ ADVOCATE SUPREME COURT‚ have examined the thesis of Mr.Onkar Pradeep Sule who is enrolled in the Masters of Management Studies program at K.C. INSTITUTE OF MANAGEMENT STUDIES at Kopri‚ Thane (East) for the academic year 2010-2012 His Thesis entitled
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Again when examining both actus reus and mens rea elements of the case it seems you may not be liable under s. 18 of the OAPA 1861 since your act was not malicious towards Abdul nor was it intentional to harm him. However‚ in lines with voluntary manslaughter ‚ where a defendant could be charged solely based on his actus reus without much regard to the mens rea behind his action‚ you could still be charged solely based on your actions; throwing the brick. Furthermore‚ since the looters saw you arguing
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Woolmington v DPP (1935). A crime requires two elements : the actus reus and the mens rea . Once actus reus is established by the Crown Prosecution service (CPS) the mens rea needs to be proven. There are four types of mens rea. They are intention‚ negligence‚ recklessness and knowledge. Intention and recklessness are hierarchical concepts therefore a clear boundary has to be drawn in order to label appropriate criminal liability. Furthermore‚ it is the task of the juries to decide whether or not the
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defendant’s mens rea‚ intention or state of mind at the time of the incident * In some cases in UK‚ Canada and several Australian states‚ the defence of provocation is available only against a charge of murder- and can reduce to manslaughter * Known as ‘voluntary manslaughter’ * In USA the Model Penal Code substitutes the broader standard of extreme emotional or mental distress for the comparatively narrower standard of provocation * Under USA Sentencing Guidelines for federal courts- ‘if the
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Chapter 4 Legal Liability for auditors 4-1. Understand litigious environment‚ which CPAs practice According to Google dictionary‚ litigious environment means a controversial environment. Where a simple mishaps can end up in a heavy lawsuit. Under common law‚ audit professionals have the responsibility to their client to fulfill their agreed on contracts. However‚ if one audit fails to fulfill their contract‚ not only they have to take responsibility to their clients but in some circumstances
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art (Encyclopedia Britannica‚ 2013). “I began understanding my role as an artist. The great novelists see the whole picture…they empathize with the thief and with the saint. They feel the whole thing and they show the whole thing. Ideologues don’t” (Gross‚ n.d.). In one of Marlette’s cartoons for Newsday newspaper in 1999‚ he drew two vehicles side by side. The one on the left had a bumper sticker by the N. R. A. (National Rifle Association) that said‚ “Guns don’t kill – people do!” The other vehicle
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Whom may Li/Li’s parents file an action against in order to achieve a deep pockets recovery? Rules: Li Intentional infliction of emotional distress False imprisonment Negligence Li’s Parents Respondeat Superior Scienter Mr. Billups Assumption of risk Superseding‚ intervening cause Contributory negligence Scienter School District Respondeat Superior Analysis: Li Intentional Torts Li will attempt to prove she was the victim of intentional torts by her teacher Mr. Billups
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1. According to this case‚ when does the duty to preserve arise? In this case‚ the duty to preserve arised when the defendant received service of the complaint‚ as well as‚ when the plaintiff received a response to the complaint from the defendant. 2. Define what adverse inference instruction means and why such an instruction would be useful in a civil trial. Adverse inference instruction is a rule that is applied to a case were spoliation of evidence has occurred. This instruction would be useful
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