Imposing a legal burden upon a defendant will negate the principle of presumption of innocence. If a defendant has to prove their innocence than it would automatically and unconsciously bring up the issue that they were never considered innocent until proven guilty. The presumption of innocence was first articulated in the case of Woolmington v DPP [1935] AC 462‚ 461 where Viscount Sankey LC stated that: ‘Throughout the web of English criminal law one golden thread is always to be seen‚ that it
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Truepenny CJ i) Does the law exhaust the requirements of ’justice’? Depends on one’s view of Justice. Justice in Truepenny’s eyes is to extend clemency to the defendants and that if this is done then in his eyes‚ ’ justice will be accomplished without offering any encouragement for the disregard of law’. ii) Mercy may not be part of the law if it is followed to the letter of the law. iii) Is Mercy a prerogative
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FREE LEGAL AID INTRODUCTION India is a modern state that has accepted the concept of ’welfare state ’. Hence it has to work for the welfare of the general public. It is the function of the State to establish a just social order by enacting just laws and by providing equal opportunity to all to grow. Every Government is constituted to respond to the needs and aspirations of the people and to remove social inequalities among its citizens. This promotes social justice among poor and the downtrodden
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Is a Crime? Legal Dimensions Series This series stems from an annual legal and socio-legal research initiative sponsored by the Canadian Association of Law Teachers‚ the Canadian Law and Society Association‚ the Canadian Council of Deans‚ and the Law Commission of Canada. Volumes in this series examine various issues of law reform from a multidisciplinary perspective. The series seeks to advance our knowledge about law and society through the analysis of fundamental aspects of law. The essays in
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The main issue in the question� entails a discussion relates to corporate entity or personality. As noted a key feature of the company is that is a legal person with a separate existence from the company ’s members� or its directors. It is an artificial person in the eye of law that exist independently and separate from any other entity associated with the company. As a consequences a company can enter into contracts with its own shareholders� and own property in its own right. Beside that‚ a company
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usually of an organisation concerned with marketing and collecting payment for products which the company has made (or bought in) or services it has provided. It is necessary to go behind this image to get to the company which is the subject of company law. As we all know in Malaysia there are different types of business entities. Local or foreign investors are coming to Malaysia to start a business. Company has been defined as any formal business entity for profit which may be a corporation‚ a partnership
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LAW ASSESSMENT 2 PART A: Question 1: 1. Kenny and Duke must register this business name. According to the Business Names Act‚ 2002‚ the legislation states that it is compulsory to register a business name where a person‚ including a company‚ wishes to use a name other than their own. 2. To register a business name‚ the owner or owners must submit an application form and pay the prescribed fees to the appropriate government agency. In New South Wales‚ it is called the Office of Fair Trading
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ANALYSIS The principle of Separate Legal Entity has stood the test of time because it aims at giving the company a certain practical utility. The separate personality of a company as distinct from its shareholders and this was established by the House of Lords in Salomon v Salomon & Co [1897]. This led to the veil of incorporation; that a registered company is a legal person separate from its members . By separating the management from the investment‚ a company enables the investing public to have
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was not being pretty‚ defendant’s failure to promote the plaintiff and decision to terminate her employment. The court’s finding that there is not sufficient evidence to support the claim. “Defendant’s Motion for Summary Judgment is granted.” The legal principles The plaintiff filed a charge against the defendant under Title VII and U.S. Code Section 1981. Title VII protects individuals against employment discrimination on the basis of race and color as well as national origin‚ sex‚ or religion
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Penal System Name: Shenthuran Vijayananthan Teacher: Mrs. Merenda Due Date: Wed. Oct. 26‚ 2005 Topic: #1 Comparative Legal Systems (Canada vs. USA) Thesis: Canada’s criminal justice system‚ specifically laws dealing with punishment‚ is far superior to that of the United States Canada and the United States of America are two neighboring countries who besides the border share numerous other key aspects. Though similar in beliefs and culture the two countries are far from alike. Their legal structure
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