English law

Dishonesty in law is more complex and has been subject to a number of incomplete and unsatisfactory definitions. This is because such are the variety of circumstances in which dishonesty may occur that creating an over-arching definition is virtually impossible. For many years, there were two views in English law. The first contention was that the definitions of dishonesty (such as those within the Theft Act 1968) described a course of action, whereas the second contention was that the definition described a state of mind. A cl ...

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Dishonesty, Dishonesty - English law, Dishonesty - Theft Act 1968

Read more here: » Dishonesty: Encyclopedia II - Dishonesty - English law

In R v Ahluwalia (1992) 4 AER 889 a battered wife killed her violent and abusive husband. She claimed provocation and the judge directed the jury to consider whether, if she did lose her self-control, a reasonable person having the characteristics of a well-educated married Asian woman living in England would have lost her self-control given her husband's provocation. On appeal, it was argued that he should have directed the jury to consider a reasonable person suffering from 'battered woman syndrome'. Having considered fresh medical ...

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Battered wife syndrome, Battered wife syndrome - The law, Battered wife syndrome - Canada, Battered wife syndrome - English law, Battered wife syndrome - Australia, Battered wife syndrome - New Zealand, Battered wife syndrome - Generally

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Diminished responsibility operates only as a mitigatory defence to reduce what would otherwise have been murder to manslaughter (termed "voluntary" manslaughter for these purposes). This allows the judge sentencing discretion, e.g. to impose a hospital order under s37 Mental Health Act 1983 to ensure treatment rather than punishment in appropriate cases. Thus, when the actus reus (Latin for "guilty act") of death is accompanied by an objective or constructive version of mens rea, the subjective evidence that the defendant did i ...

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Diminished responsibility, Diminished responsibility - Discussion, Diminished responsibility - English law, Diminished responsibility - Components, Diminished responsibility - The effect of the abnormality, Diminished responsibility - The relationship to drunkenness and drug taking, Diminished responsibility - Scottish law

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Writ - History. In origin a writ was a letter, or command, from the King, usually written in Latin and sealed with the Great Seal. At a very early stage in the English common law, a writ became necessary, in most cases to have a case heard in one of the Royal Courts, such as the King's Bench or Common Pleas. The writ would act as a command that the case be brought before the Royal Court. However if a plaintiff wished to avail themselves of Royal -- and by implication superior -- justice in one of the King' ...

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Writ, Writ - English law, Writ - History, Writ - Dropping the writ, Writ - References, Writ - United States law, Writ - Indian law

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In English law certiorari is a public law relief (i.e. something for which you ask the court in order to deal with an action of the Government, council or other (quasi)-governmental organisation.) See judicial review and writ. An order of certiorari is given by a senior court to reverse the actions of a lower court or other (quasi)-governmental organisation which has made a decision. The use of certiorari in the UK is declining, due to the changes to the remedies available for judicial review. Historically, certiorari was a prerogative writ used to direct a lower court or tribunal to ce ...

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Certiorari, Certiorari - Roman law, Certiorari - English law, Certiorari - United States law, Certiorari - Federal courts, Certiorari - State courts

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Under s22 Theft Act 1968, the offence is committed: if, with a view to gain for himself or another or with intent to cause loss to another, he makes any unwarranted demand with menaces; and for this purpose a demand with menaces is unwarranted unless the person making it does so in the belief: (a) that he has reasonable grounds for making the demand; and (b) that the use of the menaces is a proper means of r ...

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Blackmail, Blackmail - English law, Blackmail - Lawful means

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Slander and libel - Development of English defamation law. Modern libel and slander laws as implemented in many but not all Commonwealth nations, in the United States, and in the Republic of Ireland, are originally descended from English defamation law. The earlier history of the English law of defamation is somewhat obscure. Civil actions for damages seem to have been tolerably frequent so far back as the reign of Edward I (1272–1307). There was no distinction drawn between words written and spoken. Whe ...

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Slander and libel, Slander and libel - Vocabulary and general concepts, Slander and libel - Origin of the word libel, Slander and libel - Libel and Slander, Slander and libel - Excuses, Slander and libel - Similar but different delicts and torts, Slander and libel - Criminal libel, Slander and libel - Origins of defamation law, Slander and libel - English law, Slander and libel - Development of English defamation law, Slander and libel - English Admiralty law, Slander and libel - Modern law, Slander and libel - Burden of Proof on the Defendant, Slander and libel - United States law, Slander and libel - History, Slander and libel - Australian law, Slander and libel - Canadian law

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The modern definition of recklessness has developed from R v. Cunningham (1957) 2 AER 412 in which the definition of 'maliciously' for the purposes of the Offences Against The Person Act 1861 was held to require a subjective rather than objective test when a man released gas from the mains while attempting to steal money from the pay-meter. As a result the gas leaked into the house next door, and partially asphyxiated the man's mother-in-law: In any statutory definition of a crime, malice must be taken ... as requiring ei ...

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Recklessness criminal, Recklessness criminal - Definition of terms, Recklessness criminal - English law, Recklessness criminal - R v Caldwell 1981 1 AER 961, Recklessness criminal - R v Gemmell and Richards 2003 4 AER 765

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As from 1189, the date from which lawyers can remember what the law has been and is, English law has been described as a common law rather than a civil law system (i.e. there has been no major codification of the law, and judicial precedents are binding as opposed to persuasive). In the early centuries, the justices and judges were responsible for adapting the Writ system to meet everyday needs, applying a mixture of precedent and common sense to build up a body of internally consistent law, e.g. the Law Merchant began in the Pie-Powder Cour ...

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English law, English law - Discussion, English law - Common Law, English law - Precedent, English law - Overseas influences, English law - Statute

Read more here: » English law: Encyclopedia II - English law - Common Law

As from 1189, the date from which lawyers can remember what the law has been and is, English law has been described as a common law rather than a civil law system (i.e. there has been no major codification of the law, and judicial precedents are binding as opposed to persuasive). In the early centuries, the justices and judges were responsible for adapting the Writ system to meet everyday needs, applying a mixture of precedent and common sense to build up a body of internally consistent law, e.g. the Law Merchant began in the Pie-Powder Cour ...

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English law, English law - Discussion, English law - Statutory framework, English law - Common law, English law - Precedent, English law - Overseas influences, English law - Statute

Read more here: » English law: Encyclopedia II - English law - Common law

Common law originally developed under the auspices of the adversarial system in historical England from judicial decisions that were based in tradition, custom, and precedent. Such forms of legal institutions and culture bear resemblance to those which existed historically in continental Europe and other societies where precedent and custom have at times played a substantial role in the legal process, including Germanic law recorded in Roman historical chronicles. The form of reasoning used in common law is known as casuistry or case-based r ...

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Common law, Common law - History of the common law, Common law - Common law legal systems, Common law - Basic principles of common law, Common law - Works on the common law

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The Supreme Court of Judicature of England and Wales is the most important superior court of England and Wales. It consists of the Court of Appeal High Court of Justice Crown Court When all the provisions of the Constitutional Reform Act 2005 comes into force the courts comprised in the present Supreme Court of England and Wales will become known as the Senior Courts of England and Wales. This change is being made consequent to the establishment of the Supreme Court of the United ...

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Courts of England and Wales, Courts of England and Wales - House of Lords, Courts of England and Wales - Supreme Court of Judicature of England and Wales, Courts of England and Wales - Court of Appeal, Courts of England and Wales - High Court, Courts of England and Wales - Crown Court, Courts of England and Wales - Subordinate courts, Courts of England and Wales - Special courts and tribunals, Courts of England and Wales - Administrative Court, Courts of England and Wales - Coroner's courts, Courts of England and Wales - Ecclesiastical courts, Courts of England and Wales - Other courts, Courts of England and Wales - Criminal cases, Courts of England and Wales - Appeals, Courts of England and Wales - Civil cases, Courts of England and Wales - Relationship with the European Court of Justice, Courts of England and Wales - History

Read more here: » Courts of England and Wales: Encyclopedia II - Courts of England and Wales - Supreme Court of Judicature of England and Wales

The common law forms a major part of the law of many countries, especially those with a history as British territories or colonies. It is notable for its inclusion of extensive non-statutory law reflecting a consensus of centuries of judgments by working jurists. Common law - History of the common law. Common law originally developed under the auspices of the adversarial system in historical England from judicial decisions that were based in tradition, custom, and precedent. Such forms of legal institutions ...

Including:

• Common law - History of the common law
• Common law - Common law legal systems
• Common law - Basic principles of common law
• Common law - Works on the common law

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Dishonesty is a term which in common usage may be defined as the act of being dishonest; to act without honesty; a lack of probity, to cheat, lying or being deliberately deceptive; lacking in integrity; to be knavish, perfidious, corrupt or treacherous; charlatanism or quackery. Dishonesty is the fundamental component of a majority of offences relating to the acquisition, conversion and disposal of property (tangible or intangible) defined in the criminal law. Dishonesty - English law. Dishonesty< ...

Including:

• Dishonesty - English law
• Dishonesty - Theft Act 1968

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England is a nation and the largest and most populous constituent country of the United Kingdom accounting for more than 83% of the total UK population. It occupies most of the southern two-thirds of the island of Great Britain and shares land borders with fellow home nations Scotland, to the north, and Wales, to the west. Elsewhere, it is bordered by the sea. England is named after the Angles, one of a number of Germanic tribes believed to have originated in Angeln in Northern Germany, who settled in England in the 5th and 6th ...

Including:

• England - History
• England - Politics
• England - Subdivisions
• England - Geography
• England - Major rivers
• England - Major conurbations
• England - Economy
• England - Demographics
• England - English identity
• England - Culture
• England - Languages
• England - Nomenclature
• England - Symbols and insignia
• England - National anthems

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The United Kingdom does not have a single unified judicial system - England and Wales have one system, Scotland another, and Northern Ireland a third. There are exceptions to this rule, for example in immigration law, the Asylum and Immigration Tribunal's jurisdiction covers the whole of the United Kingdom, while in employment law there is a single system of Employment Tribunals for England, Wales, and Scotland (but not Northern Ireland). Courts of England and Wales - House of Lords. The House of Lords is the high ...

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• Courts of England and Wales - House of Lords
• Courts of England and Wales - Supreme Court of Judicature of England and Wales
• Courts of England and Wales - Court of Appeal
• Courts of England and Wales - High Court
• Courts of England and Wales - Crown Court
• Courts of England and Wales - Subordinate courts
• Courts of England and Wales - Special courts and tribunals
• Courts of England and Wales - Administrative Court
• Courts of England and Wales - Coroner's courts
• Courts of England and Wales - Ecclesiastical courts
• Courts of England and Wales - Other courts
• Courts of England and Wales - Criminal cases
• Courts of England and Wales - Appeals
• Courts of England and Wales - Civil cases
• Courts of England and Wales - Relationship with the European Court of Justice
• Courts of England and Wales - History

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Main article: History of England England has been inhabited for at least 50,000 years, although the repeated Ice Ages made much of Britain uninhabitable for extended periods until as recently as 20,000 years ago. Stone Age hunter-gatherers eventually gave way to farmers and permanent settlements, with an advanced megalithic civilization arising in western England some 4,000 years ago. It was replaced around 1,500 years later by Celtic tribes migrating from Western and continental Europe, mainly from France. These tribes were kn ...

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England, England - History, England - Politics, England - Subdivisions, England - Geography, England - Major rivers, England - Major conurbations, England - Economy, England - Demographics, England - English identity, England - Culture, England - Languages, England - Nomenclature, England - Symbols and insignia, England - National anthems

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There are two kinds of criminal trial: 'summary' and 'on indictment'. For an adult, summary trials take place in a magistrates' court, while trials on indictment take place in the Crown Court. Despite the possibility of two venues for trial, almost all criminal cases, however serious, commence in the Magistrates' Courts. It is possible to start a trial for an indictable offence by a voluntary bill of indictment, ...

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Courts of England and Wales, Courts of England and Wales - House of Lords, Courts of England and Wales - Supreme Court of Judicature of England and Wales, Courts of England and Wales - Court of Appeal, Courts of England and Wales - High Court, Courts of England and Wales - Crown Court, Courts of England and Wales - Subordinate courts, Courts of England and Wales - Special courts and tribunals, Courts of England and Wales - Administrative Court, Courts of England and Wales - Coroner's courts, Courts of England and Wales - Ecclesiastical courts, Courts of England and Wales - Other courts, Courts of England and Wales - Criminal cases, Courts of England and Wales - Appeals, Courts of England and Wales - Civil cases, Courts of England and Wales - Relationship with the European Court of Justice, Courts of England and Wales - History

Read more here: » Courts of England and Wales: Encyclopedia II - Courts of England and Wales - Criminal cases

History of the British constitution - Before the Norman Conquest. The Kingdom of England was formed in the mid 9th Century and what is now recognised as being England came about in 927 when the last of the Heptarchy kingdoms fell under the rule of the English King. Until 1066 England was ruled by monarchs that were elected by the witan, (which means wise). There were various elements of democracy at a local level too. This ended with the Norman conquest. ...

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History of the British constitution, History of the British constitution - Pre-Civil War, History of the British constitution - Before the Norman Conquest, History of the British constitution - The Norman Conquest, History of the British constitution - Henry I, History of the British constitution - The Plantagenates, History of the British constitution - The Tudors, History of the British constitution - James I and VI, History of the British constitution - The Civil War, History of the British constitution - Charles I and the Civil War, History of the British constitution - Oliver Cromwell and the Commonwealth, History of the British constitution - Richard Cromwell and Charles II, History of the British constitution - Post-Civil War, History of the British constitution - Popular political movements, History of the British constitution - Expansion of the electoral franchise, History of the British constitution - New Labour's Reforms, History of the British constitution - First Term, History of the British constitution - Second Term, History of the British constitution - The Key Documents of the United Kingdom's Constitution

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In addition, there are many other specialist courts. These are often described as "Tribunals" rather than courts, but the difference in name is not of any great consequence. For example an Employment Tribunal is an inferior court of record for the purposes of the law of contempt of court. In many cases there is a statutory right of appeal from a tribunal to a particular court or specially constituted appellate tribunal. In the absence of a specific appeals court, the only remedy from a decision of a Tribunal may be a judicial review ...

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Courts of England and Wales, Courts of England and Wales - House of Lords, Courts of England and Wales - Supreme Court of Judicature of England and Wales, Courts of England and Wales - Court of Appeal, Courts of England and Wales - High Court, Courts of England and Wales - Crown Court, Courts of England and Wales - Subordinate courts, Courts of England and Wales - Special courts and tribunals, Courts of England and Wales - Administrative Court, Courts of England and Wales - Coroner's courts, Courts of England and Wales - Ecclesiastical courts, Courts of England and Wales - Other courts, Courts of England and Wales - Criminal cases, Courts of England and Wales - Appeals, Courts of England and Wales - Civil cases, Courts of England and Wales - Relationship with the European Court of Justice, Courts of England and Wales - History

Read more here: » Courts of England and Wales: Encyclopedia II - Courts of England and Wales - Special courts and tribunals