1 2 CASE NOTE: AUSTRALIAN CRIME COMMISSION V STODDART1 I INTRODUCTION The High Court of Australia held in Australian Crime Commission v Stoddart (2011) that a privilege against spousal incrimination does not exist at common law. This provides that a spouse sworn in as a witness loses the right to call on the privilege to refuse to answer a question at the risk of incriminating the other spouse. This case note will outline the key issues of the case‚ analyze both the High Court majority
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Summary R. v. Morgentaler was decided by the Supreme Court of Canada‚ a verdict which declared abortion laws in the Criminal Code of Canada as arbitrary and unconstitutional. The court ruled the laws to have violated the woman’s right to security of the person under section 7 of the Canadian Charter of Rights and Freedoms to security of person. After the ruling‚ you could not be charged under the Criminal Code of Canada for having an abortion without consent of the therapeutic abortion committee
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ALLOCATION OF UNIFORM MARKS IN GCSE (APPLICABLE FROM JUNE 2010) What is a UMS? The Uniform Mark Scale (UMS) is used in unitised specifications as a device for reporting‚ recording and aggregating candidates’ unit test performances. Why do we need the UMS? In a unitised specification candidates may take units at different stages during the course and may retake units before certification. Each exam paper is unique‚ and so the difficulty of exams may vary slightly from year to year. Senior
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CRUZAN‚ BY HER PARENTS AND CO-GUARDIANS‚ CRUZAN ET UX. v. DIRECTOR‚ MISSOURI DEPARTMENT OF HEALTH‚ ET AL. SUPREME COURT OF THE UNITED STATES 497 U.S. 261; 110 S. Ct. 2841; 111 L. Ed. 2d 224; 1990 U.S. LEXIS 3301 December 6‚ 1989‚ Argued June 25‚ 1990‚ Decided PRIOR HISTORY: CERTIORARI TO THE SUPREME COURT OF MISSOURI. DISPOSITION: 760 S. W. 2d 408‚ affirmed. JUDGES: REHNQUIST‚ C. J.‚ delivered the opinion of the Court‚ in which WHITE‚ O’CONNOR‚ SCALIA‚ and KENNEDY
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Abstract In the case of White v. Gibbs‚ the plaintiff‚ Mrs. Debbie White‚ sued O’Malley’s Tavern alongside Patrick Gibbs. Gibbs served as bartender at the tavern during the night in question. Mrs. White seeks settlement under the state of Indiana’s Dram Shop Act. Under the Dram Shop Act‚ a bartender assumes liability to any persons injured who were served alcohol while exhibiting obvious signs of intoxication (Todd‚ 1986). Since the two parties reside in different states‚ the case was brought to the
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FACTS OF THE CASE: The Appellant‚ Director of Finance at Toyota Marin Lou Suriyan Sisuphan‚ took almost $30‚000 in order to persuade the termination of Sisuphan’s coworker Ian McClelland by suggesting that McClelland should be held responsible for the lost money. The Appellant did not have the intention to take this money permanently‚ and returned the money before any charges were filed‚ but not within the 24 hour amnesty period that the dealership offered. The dealership terminated Sisphan’s employment
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PROJECT A CASE ANALYSIS ON Stilk v Myrick 16 December 1809 (1809) 2 Campbell 317 170 E.R. 1168 BY ROHAN GOSWAMI NATIONAL LAW UNIVERSITY‚ ODISHA ROLL NUMBER: 042 SEMESTER: SECOND SEMESTER COURSE: B.A. L.L.B Email: 12BA042@nluo.ac.in FEBRUARY 2013 This case analysis forms a part of the internal assignment and was assigned by the subject Professor Mr Rangin Pallav Tripathy. Issues that would be dealt with in the following case analysis: * The Law as it stood before the Case‚
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The rule in Ryland’s v Fletcher was established in the case Rylands v Fletcher [1868]‚ decided by Blackburn J. In effect‚ it is a tort of strict liability “imposed upon a landowner who collects certain things on his land – a duty insurance against harm caused by their escape regardless of the owner’s fault”. The tort under the rule in Rylands v Fletcher is described as one of strict liability. This means that liability may be imposed on a party without finding of fault such as negligence. The plaintiff
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Dye 04/03/2015 CJAD 405 MADDOX V. MONTGOMERY United States Courts of Appeals‚ Eleventh Circuit 718 F.2d 1033 (11th Cir. 1983) Facts: Jimmy Maddox was sentenced to serve a life of imprisonment after he was convicted in a Georgia State court for charges of rape. Maddox filed for a federal Habeas corpus petition after being unsuccessful at a direct appeal for his charges. His reason behind filing the federal habeas corpus was for the court violating the doctrine of Brady v. Maryland for alleging prosecutorial
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ruled that a Kentucky statute and the United States First Amendment did not authorize his refusal to identify his informers. When Branzburg appealed‚ the Kentucky Court of Appeals denied his petition. This appeal was not the end of Branzburg’s case. A second case arose from a story published on January 10‚ 1971‚ and involved him describing details about the usage of drugs in Frankfort‚ Kentucky. In order for him to accurately report this story‚ he had to spend two weeks interviewing dozens of drug users
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