English Law (Application) Act 1962
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English Law (Application) Act 1962
The English Law (Application) Act 1962, originally known as the Application of English Law Ordinance, is an Act of the Gibraltar Legislative Council concerning the applicability of English law in Gibraltar. Law The Ordinance affirmed that Gibraltar would follow English Common Law and defined in schedules which specific statutes of English law would apply in Gibraltar. The list of statutes would be updated infrequently. It was also done to confirm in statute, rather than implied common automatic supersession, that Gibraltar would continue with English law. Though the Ordinance did not clarify whether Gibraltar would follow English case law precedents, it was later interpreted by Gibraltarian legal practitioners as meaning that they were not binding but were useful starting points for the consideration of judgments, due to the low amount of case law that originated in Gibraltar. The Ordinance was later used as a model in other British colonies for similar ordinances. In Britis ...
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Gibraltar
) , anthem = " God Save the King" , song = " Gibraltar Anthem" , image_map = Gibraltar location in Europe.svg , map_alt = Location of Gibraltar in Europe , map_caption = United Kingdom shown in pale green , mapsize = , image_map2 = Gibraltar map-en-edit2.svg , map_alt2 = Map of Gibraltar , map_caption2 = Map of Gibraltar , mapsize2 = , subdivision_type = Sovereign state , subdivision_name = , established_title = British capture , established_date = 4 August 1704 , established_title2 = , established_date2 = 11 April 1713 , established_title3 = National Day , established_date3 = 10 September 1967 , established_title4 = Accession to EEC , established_date4 = 1 January 1973 , established_title5 = Withdrawal from the EU , established_date5 = 31 January 2020 , official_languages = English , languages_type = Spoken languages , languages = , capital = Westside, Gibraltar (de facto) , coordinates = , largest_settlement_type = largest district , l ...
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Gibraltar Parliament
The Gibraltar Parliament is the legislature of the British overseas territory of Gibraltar. Between 1969 and 2006, it was called the Gibraltar House of Assembly. Functions The House of Assembly, set up under the 1969 constitution, was a unicameral body originally consisting of 15 members elected by the Gibraltar electorate, plus two appointed members including the Attorney-General. The term "House of Assembly" has been commonly used for the legislatures of British territories that are less than fully sovereign. It was replaced by the current Gibraltar Parliament by the new 2006 constitution, reflecting an increase in its sovereignty. All 17 of the new Parliament's members are elected. Under the election system, each voter was allowed to vote for ten members of the Assembly. Due to the small area of Gibraltar and its territorial continuity, precincts served only as polling places, not political units, and there are no electoral districts served by the members, who were inst ...
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Cause Of Action
A cause of action or right of action, in law, is a set of facts sufficient to justify suing to obtain money or property, or to justify the enforcement of a legal right against another party. The term also refers to the legal theory upon which a plaintiff brings suit (such as breach of contract, battery (tort), battery, or false imprisonment). The legal document which carries a claim is often called a 'statement of claim' in English law, or a 'complaint' in U.S. federal practice and in many U.S. states. It can be any communication notifying the party to whom it is addressed of an alleged fault which resulted in damages, often expressed in amount of money the receiving party should pay/reimburse. To pursue a cause of action, a plaintiff pleading, pleads or allegation, alleges facts in a complaint, the pleading that initiates a lawsuit. A cause of action generally encompasses both the legal theory (the legal wrong the plaintiff claims to have suffered) and the Legal remedy, remedy (t ...
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Seduction
Seduction has multiple meanings. Platonically, it can mean "to persuade to disobedience or disloyalty", or "to lead astray, usually by persuasion or false promises". Strategies of seduction include conversation and sexual scripts, paralingual features, non-verbal communication Nonverbal communication (NVC) is the transmission of messages or signals through a nonverbal platform such as eye contact, facial expressions, gestures, posture, and body language. It includes the use of social cues, kinesics, distance ( prox ..., and short-term behavioural strategies. The word ''seduction'' stems from Latin and means literally "leading astray." As a result, the term may have a positive or negative connotation. Famous seducers from history or legend include Lilith, Giacomo Casanova, and the fictional character Don Juan. The emergence of the Internet and technology has supported the availability and the existence of a seduction community, which is based on discourse about seduction. ...
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Adultery In English Law
The history of adultery in English law is a complex topic, including changing understandings of what sexual acts constituted adultery (whereby they sometimes overlap with abduction and rape), unequal treatment of men and women under the law, and competing jurisdictions of secular and ecclesiastical authorities. Prosecution for adultery as such ceased to be possible in English law in 1970. Early medieval England Prior to the unification of England in the tenth century, various forms of adultery were punishable in laws codified by Anglo-Saxon kings.Jeremy D. Weinstein"Adultery, Law, and the State: A History" ''Hastings Law Journal'', 38.1 (1986), 195–238. These laws usually conceptualised what is now called adultery in terms of damage to men's property, since women were understood to be under the control of male relatives or, after marriage, their husbands. Compensation payments were linked, as in many other kinds of crime, to the social rank of the offended man, and the laws do ...
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Civil Law (common Law)
Civil law is a major branch of the law. Glanville Williams. ''Learning the Law''. Eleventh Edition. Stevens. 1982. p. 2. In common law legal systems such as England and Wales and the United States, the term refers to non- criminal law. The law relating to civil wrongs and quasi-contracts is part of the civil law, as is law of property (other than property-related crimes, such as theft or vandalism). Civil law may, like criminal law, be divided into substantive law and procedural law. The rights and duties of persons (natural persons and legal persons) amongst themselves is the primary concern of civil law. It is often suggested that civil proceedings are taken for the purpose of obtaining compensation for injury, and may thus be distinguished from criminal proceedings, whose purpose is to inflict punishment. However, exemplary damages or punitive damages may be awarded in civil proceedings. It was also formerly possible for common informers to sue for a penalty in civil procee ...
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Larceny
Larceny is a crime involving the unlawful taking or theft of the personal property of another person or business. It was an offence under the common law of England and became an offence in jurisdictions which incorporated the common law of England into their own law (also statutory law), where in many cases it remains in force. The crime of larceny has been abolished in England, Wales, Ireland, and Northern Ireland, broken up into the specific crimes of burglary, robbery, fraud, theft, and related crimes. However, larceny remains an offence in parts of the United States, Jersey, and in New South Wales, Australia, involving the taking (caption) and carrying away (asportation) of personal property without the owner's consent. Etymology The word "larceny" is a late Middle English word, from the Anglo-Norman word ''larcin'', "theft". Its probable Latin root is ''latrocinium'', a derivative of ''latro'', "robber" (originally mercenary). By nation Australia New South Wales In the st ...
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Champerty
Champerty and maintenance are doctrines in common law jurisdictions that aim to preclude frivolous litigation: *Maintenance is the intermeddling of a disinterested party to encourage a lawsuit. It is: "A taking in hand, a bearing up or upholding of quarrels or sides, to the disturbance of the common right." *Champerty (from Old French '' champart'') is the financial support, by a party not naturally concerned in the suit, of a plaintiff that allows them to prosecute a lawsuit on condition that, if it be brought to a successful issue, the plaintiff will repay them with a share of the proceed from the suit. In ''Giles v Thompson'' Lord Justice Steyn declared: "In modern idiom maintenance is the support of litigation by a stranger without just cause. Champerty is an aggravated form of maintenance. The distinguishing feature of champerty is the support of litigation by a stranger in return for a share of the proceeds." At common law, maintenance and champerty were both crimes and ...
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Cheating The Public Revenue
At law, cheating is a specific criminal offence relating to property. Historically, to cheat was to commit a misdemeanour at common law. However, in most jurisdictions, the offence has now been codified into statute. In most cases the codified statutory form of cheating and the original common law offence are very similar, however there can be differences. For example, under English law it was held in ''R v Sinclair'' that " cheat and defraud is to act with deliberate dishonesty to the prejudice of another person's proprietary right." However, at common law a great deal of authority suggested that there had to be contrivance, such that the public were likely to be deceived and that "common prudence and caution are not sufficient security against a person being defrauded thereby". Examples of cheating upheld by the courts have included fraudulently pretending to have power to discharge a soldier, using false weights or measures, and playing with false dice. Definition In ...
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Common Scold
Common may refer to: Places * Common, a townland in County Tyrone, Northern Ireland * Boston Common, a central public park in Boston, Massachusetts * Cambridge Common, common land area in Cambridge, Massachusetts * Clapham Common, originally common land, now a park in London, UK * Common Moss, a townland in County Tyrone, Northern Ireland * Lexington Common, a common land area in Lexington, Massachusetts * Salem Common Historic District, a common land area in Salem, Massachusetts People * Common (rapper) (born 1972), American hip hop artist, actor, and poet * Andrew Ainslie Common (born 1841), English amateur astronomer * Andrew Common (born 1889), British shipping director * John Common, American songwriter, musician and singer * Thomas Common (born 1850), Scottish translator and literary critic Arts, entertainment, and media * ''Common'' (film), a 2014 BBC One film, written by Jimmy McGovern, on the UK's Joint Enterprise Law * Dol Common, a character in ''The Alchemist'' b ...
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Welsh Law
Welsh law ( cy, Cyfraith Cymru) is an autonomous part of the English law system composed of legislation made by the Senedd.Law Society of England and Wales (2019)England and Wales: A World Jurisdiction of Choice eport(Link accessed: 16 March 2022). Wales is part of the legal jurisdiction of England and Wales, one of the three legal jurisdictions of the United Kingdom. However, due to devolution, the law in Wales is increasingly distinct from the law in England, since the Senedd, the devolved parliament of Wales, can legislate on non-reserved matters. Welsh law has been generated by the Senedd since the Government of Wales Act 2006 and in effect since May 2007. Each piece of Welsh legislation is known as an Act of Senedd Cymru. The first Welsh legislation to be proposed was the NHS Redress (Wales) Measure 2008. This was the first time in almost 500 years that Wales has had its own laws, since ''Cyfraith Hywel'', a version of Celtic law, was abolished and replaced by English law th ...
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Gibraltar Legislative Council
The Gibraltar Legislative Council was the legislature of Gibraltar created in 1950 and sat until the creation of the Gibraltar House of Assembly in 1969. History Prior to 1950, the Governor-in-Council retained the legislative power in the then Crown colony. The creation of the legislature gave some limited autonomy, with seven members of the Legislative Council being elected from the 1950s on. The legislature sat at the Legislative Council Building at John Mackintosh Square. Elections Elections were held every three years. In an election held on 19 September 1956, ten candidates contested the seven elected seats. There was a turnout of 58.2 per cent, and the winners were Joshua Hassan, Abraham Serfaty, J. E. Alcantara, and Albert Risso, all of the Association for the Advancement of Civil Rights, two Independents, Solomon Seruya and Peter Isola, and one Commonwealth Party candidate, Joseph Triay. Demise The Legislative Council was responsible for overall affairs with local ...
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