Contemporaneity rule (The coincidence of actus reus and mens rea) It is a principle of English law that the actus reus and mens rea must coincide. That is they must happen at the same time. This is sometimes referred to as the contemporaneity rule or the coincidence of actus reus and mens rea. However‚ the courts often apply a flexible approach in holding that the actus reus is a continuing act. Thabo-Meli v R [1954] 1 WLR 228 Privy Council The four appellants were convicted of murder. They
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The Mischief Rule is a rule of construction that judges can apply in statutory interpretation in order to discover Parliament’s intention. In applying the rule‚ the court is essentially asking the question: what was the "mischief" that the previous law did not cover‚ which Parliament was seeking to remedy when it passed the law now being reviewed by the court? The Mischief Rule is of narrower application than the golden rule or the plain meaning rule‚ in that it can only be used to interpret a
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The rule was established by Anthony in the 19th century cases‚ starting with Adams v Lindsell (1818) B & Ald 681‚ which was later confirmed in Dunlop v Higgins (1848) 1 HL Cas 381‚ Household Fire Insurance Company v Grant (1879) 4 Ex D 216 and Henthorn v Fraser [1892] 2 Ch 27. The posting rule applies only to acceptance. Other contractual letters (such as one revoking the offer) do not take effect until the letter is delivered‚ as in Stevenson‚ Jacques & Co v McLean (1880) 5 QBD 346. The implication
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"RULES ARE THERE TO BE FOLLOWED. WITHOUT RULES NOTHING GETS DONE." It seems that in today’s world rules are everywhere. For instance‚ type a quick search for "rules" into the Google search engine and you will return over 604 million web pages that mention rules. One can find sites which outline rules on correct Internet usage to rules on ordering Mail Order Brides! Undoubtedly rules are quite important in the everyday running of our lives and yes‚ rules are there to be followed‚ but in my opinion
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Ethics Week 1 Assignment Choice 2 A married couple‚ both addicted to drugs‚ is unable to care for their infant daughter. She is taken from them by court order and placed in a foster home. The years pass. She comes to regard her foster parents as her real parents. They love her as they would their own daughter. When the child is 9 yrs. old‚ the natural parents‚ rehabilitated from drugs‚ begin court action to regain custody. The case is decided in their favor. The child is returned to them‚ against
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direction. Following are theories develop by them: Ethical Egoism: Each person ought to do whatever will best promote his or her own interests. The social Contract Theory: The right thing to do is to follow the rules that rational‚ self-interested people would agree to follow for their mutual benefit. Utilitarianism: One ought to do whatever will lead to the most happiness. Kant’s theory: Our duty is to follow rules that we could accept as universal laws – that is‚ rules we would be willing for
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School rules and regulations are made not to be broken. Rules are made for the safety and better welfare of the students in school. Another is to promote good behavior among students and to maintain the good image of the school. Parents send their children to school in order for them to learn not only academic values‚ but also moral values. Implementing school rules will help the students mold their character and values expected from them by other people. There are certain factors why nowadays
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Description Duty-based ethics commonly known as Deontology is an ethical theory that uses rules to distinguish right from wrong. As a deontologist you focus more on the action in itself disregarding the consequences it produces. Immanuel kant the founder deontology‚ was a german philosopher who believed that morality and religion should be kept apart‚ therefore he created the philosophical concept “categorical imperative” or “CI”. Categorical imperative is a moral law‚ which must be followed and
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Ethics and Morality Marian Agbabokha Walden University Last week’s foundation course‚ exposed me to a lot of issues regarding my profession as an election officer‚ it gave me food for thought. As a scholar and student of public policy and administration‚ what kind of responsibilities will this course place in my care‚ based on the information I would have gathered and assimilated‚ that I would have to pass on to those in my work place
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BUTT‚ PARNELL AND THE EARLY YEARS OF HOME RULE 4.1 Gladstone’s Reforms and the Start of Home Rule Gladstone and Ireland the early years. No HR party until 1873 so Liberals appreciated Catholic and Presbyterian vote in Ireland. Liberal MPs drew Gladstone’s attention to: • Privileged position of C of I • Land question • Catholic education 1868 Gladstone became PM. ‘My mission…’ 1869 Disestablishment 1870 Gladstone’s First Land Act (made Ulster Custom law where it existed and made landlords
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