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Jamieson V HM Advocate
''Jamieson v HM Advocate'' is a notable legal case which established a precedent in Scotland which held that a man does not commit rape where he honestly, albeit unreasonably, believes his victim is consenting. This was a criminal case decided by the High Court of Justiciary sitting as the Court of Criminal Appeal. The appeal case was heard before a panel of three judges with the Lord Justice-General ( Lord Hope) as president, with Lord Allanbridge and Lord Cowie. The case is reported at 1994 SLT 537. The decision relies upon the point that in Scots Law, a criminal act consists of two elements, the factual act done and the ''mens rea'' or intention of the perpetrator in carrying out that action. The crime of rape consisted, at that time, of a man having vaginal sexual intercourse with a woman without her consent, with the crime of rape being defined at common law. Therefore, it was held that the ''mens rea'' element is that the man either believes the woman is not consenting ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Case
A legal case is in a general sense a dispute between opposing parties which may be resolved by a court, or by some equivalent legal process. A legal case is typically based on either civil or criminal law. In most legal cases there are one or more accusers and one or more defendants. In some instances, a legal case may occur between parties that are not in opposition, but require a legal ruling to formally establish some legal fact, such as a divorce. Civil case A civil case, more commonly known as a lawsuit or controversy, begins when a plaintiff files most a document called a complaint with a court, informing the court of the wrong that the plaintiff has allegedly suffered because of the defendant, and requesting a remedy. The remedy sought may be money, an injunction, which requires the defendant to perform or refrain from performing some action, or a declaratory judgment, which determines that the plaintiff has certain legal rights. The remedy will be prescribed by the c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lord Cowie
Lord is an appellation for a person or deity who has authority, control, or power over others, acting as a master, chief, or ruler. The appellation can also denote certain persons who hold a title of the peerage in the United Kingdom, or are entitled to courtesy titles. The collective "Lords" can refer to a group or body of peers. Etymology According to the Oxford Dictionary of English, the etymology of the word can be traced back to the Old English word ''hlāford'' which originated from ''hlāfweard'' meaning "loaf-ward" or "bread-keeper", reflecting the Germanic tribal custom of a chieftain providing food for his followers. The appellation "lord" is primarily applied to men, while for women the appellation "lady" is used. This is no longer universal: the Lord of Mann, a title previously held by the Queen of the United Kingdom, and female Lords Mayor are examples of women who are styled as "Lord". Historical usage Feudalism Under the feudal system, "lord" had a w ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1994 In Case Law
File:1994 Events Collage.png, From left, clockwise: The 1994 Winter Olympics are held in Lillehammer, Norway; The Kaiser Permanente building after the 1994 Northridge earthquake; A model of the MS Estonia, which sank in the Baltic Sea; Nelson Mandela casts his vote in the 1994 South African general election, in which he was elected South Africa's first president, and which effectively brought Apartheid to an end; NAFTA, which was signed in 1992, comes into effect in Canada, the United States, and Mexico; The first passenger rail service to utilize the newly-opened Channel tunnel; The 1994 FIFA World Cup is held in the United States; Skulls from the Rwandan genocide, in which over half a million Tutsi people were massacred by Hutus., 300x300px, thumb rect 0 0 200 200 1994 Winter Olympics rect 200 0 400 200 Northridge earthquake rect 400 0 600 200 Sinking of the MS Estonia rect 0 200 300 400 Rwandan genocide rect 300 200 600 400 Nelson Mandela rect 0 400 200 600 1994 FIFA World Cu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1994 In British Law
File:1994 Events Collage.png, From left, clockwise: The 1994 Winter Olympics are held in Lillehammer, Norway; The Kaiser Permanente building after the 1994 Northridge earthquake; A model of the MS Estonia, which sank in the Baltic Sea; Nelson Mandela casts his vote in the 1994 South African general election, in which he was elected South Africa's first president, and which effectively brought Apartheid to an end; NAFTA, which was signed in 1992, comes into effect in Canada, the United States, and Mexico; The first passenger rail service to utilize the newly-opened Channel tunnel; The 1994 FIFA World Cup is held in the United States; Skulls from the Rwandan genocide, in which over half a million Tutsi people were massacred by Hutus., 300x300px, thumb rect 0 0 200 200 1994 Winter Olympics rect 200 0 400 200 Northridge earthquake rect 400 0 600 200 Sinking of the MS Estonia rect 0 200 300 400 Rwandan genocide rect 300 200 600 400 Nelson Mandela rect 0 400 200 600 1994 FIFA World Cup ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
High Court Of Justiciary Cases
High may refer to: Science and technology * Height * High (atmospheric), a high-pressure area * High (computability), a quality of a Turing degree, in computability theory * High (tectonics), in geology an area where relative tectonic uplift took or takes place * Substance intoxication, also known by the slang description "being high" * Sugar high, a misconception about the supposed psychological effects of sucrose Music Performers * High (musical group), a 1974–1990 Indian rock group * The High, an English rock band formed in 1989 Albums * ''High'' (The Blue Nile album) or the title song, 2004 * ''High'' (Flotsam and Jetsam album), 1997 * ''High'' (New Model Army album) or the title song, 2007 * ''High'' (Royal Headache album) or the title song, 2015 * ''High'' (EP), by Jarryd James, or the title song, 2016 Songs * "High" (Alison Wonderland song), 2018 * "High" (The Chainsmokers song), 2022 * "High" (The Cure song), 1992 * "High" (David Hallyday song), 1988 * "Hi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1994 In Scotland
Events from the year 1994 in Scotland. Incumbents * Secretary of State for Scotland and Keeper of the Great Seal of Scotland, Keeper of the Great Seal – Ian Lang, Baron Lang of Monkton, Ian Lang Law officers * Lord Advocate – Alan Rodger, Baron Rodger of Earlsferry, Lord Rodger of Earlsferry * Solicitor General for Scotland – Thomas Dawson, Lord Dawson, Thomas Dawson Judiciary * Lord President of the Court of Session and Lord Justice General – David Hope, Baron Hope of Craighead, Lord Hope * Lord Justice Clerk – Donald Ross, Lord Ross, Lord Ross * Chairman of the Scottish Land Court – Alexander Philip, Lord Philip, Lord Philip Events * March – 1994 Strathclyde water referendum, Strathclyde water referendum indicates overwhelming opposition to the privatisation of water. * 5 May – elections are held for Scotland's 1994 Scottish regional elections, Regional Councils. * 19 May – Robert Black (serial killer), Robert Black, jailed for life four years ago f ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sexual Offences (Scotland) Act 2009
The Sexual Offences (Scotland) Act 2009 (asp 9) is an Act of the Scottish Parliament. It creates a code of sexual offences that is said to be intended to reform that area of the law. The corresponding legislation in England and Wales is the Sexual Offences Act 2003 and in Northern Ireland the Sexual Offences (Northern Ireland) Order 2008. Background In 2004, the Scottish Law Commission began working on a reference from the Scottish Executive to "examine the law relating to rape and other sexual offences, and the evidential requirements for proving such offences, and to make recommendations for reform" and completed its report in December 2007. The Scottish Government gave a commitment to bring forward legislation in the light of the Commission's review. Before the enactment of this Act, Scotland had very few statutory sexual offences, with most of its sexual legislation being defined at common law, which was increasingly seen as a problem. On 17 June 2008, the Scottish Governm ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. '' Stare decisis'', the principle that cases should be decided according to consistent principled rules so ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mens Rea
In criminal law, (; Law Latin for "guilty mind") is the mental element of a person's intention to commit a crime; or knowledge that one's action (or lack of action) would cause a crime to be committed. It is considered a necessary element of many crimes. The standard common law test of criminal Legal liability, liability is expressed in the Latin phrase ,1 Subst. Crim. L. § 5.1(a) (3d ed.) i.e. "the act is not Culpability, culpable unless the mind is guilty". As a general rule, someone who acted without mental Fault (law), fault is not liable in 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 i ....". . . a person is not guilty of an offense unless he acted purposely, knowingly, recklessly or negligently, as the law may require, with respect to each material eleme ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Scots Law
Scots law () is the legal system of Scotland. It is a hybrid or mixed legal system containing civil law and common law elements, that traces its roots to a number of different historical sources. Together with English law and Northern Ireland law, it is one of the three legal systems of the United Kingdom.Stair, General Legal Concepts (Reissue), para. 4 (Online) Retrieved 2011-11-29 Early Scots law before the 12th century consisted of the different legal traditions of the various cultural groups who inhabited the country at the time, the Gaels in most of the country, with the Britons and Anglo-Saxons in some districts south of the Forth and with the Norse in the islands and north of the River Oykel. The introduction of feudalism from the 12th century and the expansion of the Kingdom of Scotland established the modern roots of Scots law, which was gradually influenced by other, especially Anglo-Norman and continental legal traditions. Although there was some indirect Roman la ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
William Stewart, Lord Allanbridge
William Ian Stewart, Lord Allanbridge (8 November 1925 – 21 June 2012) was a Scottish lawyer, judge and politician, who served as Solicitor General for Scotland, the country's junior Law Officer from 1972 to 1974, and as a Senator of the College of Justice, a judge of the Supreme Courts of Scotland, from 1977 to 1995. Early life Stewart was born in 1925, the son of architect John Stewart and his wife, Maysie Shepherd Service. He was educated at Loretto School and studied at the Universities of Glasgow and Edinburgh, and served in the Royal Naval Volunteer Reserve at the end of the Second World War from 1944 to 1946. He was admitted to the Faculty of Advocates in 1951 and appointed Queen's Counsel (QC) in 1965. Career Stewart followed a traditional career at the Bar, serving as an Advocate Depute from 1959 to 1964 and Home Advocate Depute from 1970 to 1972. He also served two non-consecutive years on the Criminal Injuries Compensation Board, from 1969 to 1970 and 1976 to 1977. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Precedent
A precedent is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts. Common-law legal systems place great value on deciding cases according to consistent principled rules, so that similar facts will yield similar and predictable outcomes, and observance of precedent is the mechanism by which that goal is attained. The principle by which judges are bound to precedents is known as ''stare decisis'' (a Latin phrase with the literal meaning of "to stand in the-things-that-have-been-decided"). Common-law precedent is a third kind of law, on equal footing with statutory law (that is, statutes and codes enacted by legislative bodies) and subordinate legislation (that is, regulations promulgated by executive branch agencies, in the form of delegated legislation) in UK parlance – or regulatory law (in US parlance). Case law, in common-law jurisdictions, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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