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False Pretences
In criminal law, property is obtained by false pretenses when the acquisition results from the intentional misrepresentation of a past or existing fact. Elements The elements of false pretenses are: *a false representation *of a material past or existing fact *which the person making the representation knows is false *made for the purpose of causing *and which does cause *the victim to pass title *to his property False pretenses is a statutory offense in most jurisdictions; subject matter covered by statute varies accordingly, and is not necessarily limited to tangible personal property - some statutes include intangible personal property and services. For example, the North Carolina false pretense statute applies to obtaining "any money, goods, property, services, choses in action, or any other thing of value ..." Under common law, false pretense is defined as a representation of a present or past fact, which the thief knows to be false, and which he intends will and does ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminal Law
Criminal law is the body of law that relates to crime. It prescribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people inclusive of one's self. Most criminal law is established by statute, which is to say that the laws are enacted by a legislature. Criminal law includes the punishment and rehabilitation of people who violate such laws. Criminal law varies according to jurisdiction, and differs from civil law, where emphasis is more on dispute resolution and victim compensation, rather than on punishment or rehabilitation. Criminal procedure is a formalized official activity that authenticates the fact of commission of a crime and authorizes punitive or rehabilitative treatment of the offender. History The first civilizations generally did not distinguish between civil law and criminal law. The first written codes of law were designed by the Sumerians. Around 2100–2050 BC Ur-Nammu, the N ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Augustine Of Hippo
Augustine of Hippo ( , ; la, Aurelius Augustinus Hipponensis; 13 November 354 – 28 August 430), also known as Saint Augustine, was a theologian and philosopher of Berber origin and the bishop of Hippo Regius in Numidia, Roman North Africa. His writings influenced the development of Western philosophy and Western Christianity, and he is viewed as one of the most important Church Fathers of the Latin Church in the Patristic Period. His many important works include ''The City of God'', '' On Christian Doctrine'', and '' Confessions''. According to his contemporary, Jerome, Augustine "established anew the ancient Faith". In his youth he was drawn to the eclectic Manichaean faith, and later to the Hellenistic philosophy of Neoplatonism. After his conversion to Christianity and baptism in 386, Augustine developed his own approach to philosophy and theology, accommodating a variety of methods and perspectives. Believing the grace of Christ was indispensable to human freed ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pretender
A pretender is someone who claims to be the rightful ruler of a country although not recognized as such by the current government. The term is often used to suggest that a claim is not legitimate.Curley Jr., Walter J. P. ''Monarchs-in-Waiting''. New York, 1973, pp. 4, 10. . The word may refer to a former monarch or a descendant of a deposed monarchy, although this type of claimant is also referred to as a head of a house. The word was popularized by Queen Anne, who used it to refer to her Roman Catholic half-brother James Francis Edward Stuart, the Jacobite heir, in an address to Parliament in 1708: "The French fleet sailed from Dunkirk ... with the Pretender on board." In 1807 the French Emperor Napoleon complained that the ''Almanach de Gotha'' continued to list German princes whom he had deposed. This episode established that publication as the pre-eminent authority on the titles of deposed monarchs and nobility, many of which were restored in 1815 after the end of Napole ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
French Language
French ( or ) is a Romance language of the Indo-European family. It descended from the Vulgar Latin of the Roman Empire, as did all Romance languages. French evolved from Gallo-Romance, the Latin spoken in Gaul, and more specifically in Northern Gaul. Its closest relatives are the other langues d'oïl—languages historically spoken in northern France and in southern Belgium, which French ( Francien) largely supplanted. French was also influenced by native Celtic languages of Northern Roman Gaul like Gallia Belgica and by the ( Germanic) Frankish language of the post-Roman Frankish invaders. Today, owing to France's past overseas expansion, there are numerous French-based creole languages, most notably Haitian Creole. A French-speaking person or nation may be referred to as Francophone in both English and French. French is an official language in 29 countries across multiple continents, most of which are members of the ''Organisation internationale de la Francophonie'' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Obtaining Property By Deception
Obtaining property by deception was formerly a statutory offence in England and Wales and Northern Ireland. England and Wales This offence was created by section 15 of the Theft Act 1968. Sections 15(1) and (2) of that Act read: This offence replaced the offence of obtaining by false pretences, contrary to section 32(1) of the Larceny Act 1916. Section 15 was repealed on 15 January 2007 by Schedule 3 to the Fraud Act 2006. Liability for offences by corporations Section 18 of the Theft Act 1968 applied in relation to section 15. Going equipped for cheat In section 25 of the Theft Act 1968, the word "cheat" meant an offence under section 15. By any deception The deception must be the operative cause of the obtaining of property, and this is a question of fact for the jury to decide, requiring proof that the victim would not have acted in the same way had they known the truth. In ''R v Laverty'' although the defendant put new number plates and a new chassis number on a car ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Larceny Act 1916
The Larceny Act 1916 was an Act of the Parliament of the United Kingdom. Its purpose was to consolidate and simplify the law relating to larceny triable on indictment and to kindred offences. The definition of larceny for the purposes of the Act was "a person steals who, without the consent of the owner, fraudulently and without a claim of right made in good faith; takes and carries away anything capable of being stolen, with the intent at the time of such taking, permanently to deprive the owner thereof. Provided that a person may be guilty of stealing any such thing notwithstanding that he has lawful possession thereof, if, being a bailee or part owner thereof, he fraudulently converts the same to his own use or the use of any person other than the owner". Section 23 provided maximum penalties for a number of offences of robbery and aggravated robbery. Section 24 created the offence of sacrilege. Section 25 created the offence of burglary. Sections 29 to 31 related to bla ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
James Fitzjames Stephen
Sir James Fitzjames Stephen, 1st Baronet, KCSI (3 March 1829 – 11 March 1894) was an English lawyer, judge, writer, and philosopher. One of the most famous critics of John Stuart Mill, Stephen achieved prominence as a philosopher, law reformer, and writer. Early life and education, 1829–1854 James Fitzjames Stephen was born on 3 March 1829 at Kensington Gore, London, the third child and second son of Sir James Stephen and Jane Catherine Venn. Stephen came from a distinguished family. His father, the drafter of the Slavery Abolition Act 1833, was Permanent Under-Secretary of State for the Colonies and Regius Professor of Modern History at Cambridge. His grand-father James Stephen and uncle George Stephen were both leading anti-slavery campaigners. His younger brother was the author and critic Sir Leslie Stephen, whilst his younger sister Caroline Stephen was a philanthropist and a writer on Quakerism. Through his brother Leslie Stephen, he was the uncle of V ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lacuna (law)
In law, a ''non liquet'' (commonly known as "lacuna in the law") is any situation where there is no applicable law. ''Non liquet'' translates into English from Latin as "it is not clear". According to Cicero, the term was applied during the Roman Republic to a verdict of "not proven" where the guilt or innocence of the accused was "not clear". Strictly, a finding of non liquet could result in a decision that the matter will always remain non-justiciable, whereas a lacuna denotes within that concept a lacking hence that the matter should in future be governed by law. Loopholes are a subset of lacunae. A lacuna describes every specific matter about which no law exists, but a body of public, judicial or academic opinion believes it should, to address a particular issue (often described as "unregulated" or "wholly inadequately regulated" activities or areas). A loophole, where properly defined by contrast, denotes that a set of laws addressing a certain issue exists, but can be circ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court For Crown Cases Reserved
The Court for Crown Cases Reserved was an England and Wales, English appellate court for criminal law, criminal cases established in 1848 to hear references from the trial judge. It did not allow a retrial, only judgment on a point of law. Neither did it create a ''right'' of appeal and only a few selected cases were heard every year. History The Court for Crown Cases Reserved was created by the Crown Cases Act 1848, introduced in the House of Lords by John Campbell, 1st Baron Campbell, Lord Campbell. Under the act, after a conviction, the trial judge in a criminal case could refer the case by way of case stated to the court. A case that was reserved would then be heard by at least five judges, including at least one Chief Justice or Chief Baron. The court could only hear appeals on a point of law; it could quash a conviction, but not order a retrial or alter a sentence. It was superseded by the Court of Criminal Appeal (England and Wales), Court of Criminal Appeal in 1907.Co ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Debtors Act 1869
The Debtors Act 1869 (32 & 33 Vict. c. 62) was an Act of the Parliament of the United Kingdom of Great Britain and Ireland that aimed to reform the powers of courts to detain debtors. Detail In England, debtors owing money could be easily detained by the courts for indefinite periods, being kept in debtor's prisons. Approximately 10,000 people were imprisoned for debt each year during the nineteenth century. However, a prison term did not alleviate a person’s debt; typically, it was required that the creditor be repaid in-full before an inmate was released. Acts of parliament in 1831 and 1861 had begun the process of reform in this area, but further reform was felt necessary. Among the advocates for debtor's reform was Charles Dickens, who, at the age of 12, saw his father sentenced to debtors' prison. Dickens’ novel ''Little Dorrit'' was written to encourage debt reform and was set in the Marshalsea debtors' prison where his father was incarcerated. In Victorian Engla ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Larceny Act 1861
The Larceny Act 1861 (24 & 25 Vict c 96) was an Act of the Parliament of the United Kingdom of Great Britain and Ireland (as it then was). It consolidated provisions related to larceny and similar offences from a number of earlier statutes into a single Act. For the most part these provisions were, according to the draftsman of the Act, incorporated with little or no variation in their phraseology. It is one of a group of Acts sometimes referred to as the Criminal Law Consolidation Acts 1861. It was passed with the object of simplifying the law. It is essentially a revised version of an earlier consolidation Act, the Larceny Act 1827 (7 & 8 Geo 4 c 29) (and the equivalent Irish Act), incorporating subsequent statutes. England and Wales This Act was repealed for England and Wales by section 33(3) of, and Part I of Schedule 3 to, the Theft Act 1968. Republic of Ireland This Act was retained for the Republic of Ireland by section 2 of anPart 4of Schedule 1 to, the Statute Law Revi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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