Law Of The British Virgin Islands
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Law Of The British Virgin Islands
The law of the British Virgin Islands is a combination of common law and statute, and is based heavily upon English law. Law in the British Virgin Islands tends to be a combination of the very old and the very new. As a leading offshore financial centre, the territory has extremely modern statutes dealing with company law, insolvency, banking law, trust law, insurance and other related matters. However, in a number of areas of law, such as family law, the laws of the British Virgin Islands are based upon very old English laws, and can cause some difficulty in modern times. Other areas of law, such as international law, are essentially regulated externally through the Foreign and Commonwealth Office in London by Order in Council. A large body of the laws of the British Virgin Islands consists of the common law, which continually updates itself through judicial precedent in the territory and in other common law countries. The British Virgin Islands is a dependent territory of ...
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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 ...
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United Nations
The United Nations (UN) is an intergovernmental organization whose stated purposes are to maintain international peace and international security, security, develop friendly relations among nations, achieve international cooperation, and be a centre for harmonizing the actions of nations. It is the world's largest and most familiar international organization. The UN is headquarters of the United Nations, headquartered on extraterritoriality, international territory in New York City, and has other main offices in United Nations Office at Geneva, Geneva, United Nations Office at Nairobi, Nairobi, United Nations Office at Vienna, Vienna, and Peace Palace, The Hague (home to the International Court of Justice). The UN was established after World War II with Dumbarton Oaks Conference, the aim of preventing future world wars, succeeding the League of Nations, which was characterized as ineffective. On 25 April 1945, 50 governments met in San Francisco for United Nations Conference ...
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Capital Punishment
Capital punishment, also known as the death penalty, is the state-sanctioned practice of deliberately killing a person as a punishment for an actual or supposed crime, usually following an authorized, rule-governed process to conclude that the person is responsible for violating norms that warrant said punishment. The sentence ordering that an offender is to be punished in such a manner is known as a death sentence, and the act of carrying out the sentence is known as an execution. A prisoner who has been sentenced to death and awaits execution is ''condemned'' and is commonly referred to as being "on death row". Crimes that are punishable by death are known as ''capital crimes'', ''capital offences'', or ''capital felonies'', and vary depending on the jurisdiction, but commonly include serious crimes against the person, such as murder, mass murder, aggravated cases of rape (often including child sexual abuse), terrorism, aircraft hijacking, war crimes, crimes against h ...
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Federation Of The West Indies
A federation (also known as a federal state) is a political entity characterized by a union of partially self-governing provinces, states, or other regions under a central federal government (federalism). In a federation, the self-governing status of the component states, as well as the division of power between them and the central government, is typically constitutionally entrenched and may not be altered by a unilateral decision, neither by the component states nor the federal political body. Alternatively, a federation is a form of government in which sovereign power is formally divided between a central authority and a number of constituent regions so that each region retains some degree of control over its internal affairs. It is often argued that federal states where the central government has overriding powers are not truly federal states. For example, such overriding powers may include: the constitutional authority to suspend a constituent state's government by invo ...
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Leeward Islands Federation
The British Leeward Islands was a British colony from 1671 to 1958, consisting of the English (later British) overseas possessions in the Leeward Islands. It ceased to exist from 1816 to 1833, during which time it was split into two separate colonies (Antigua–Barbuda–Montserrat and Saint Christopher–Nevis–Anguilla–Virgin Islands). It was dissolved in 1958 after the separation of the British Virgin Islands, and the remaining islands became parts of the West Indies Federation. History The Leeward Islands was established as an English colony in 1671. In 1816, the islands were divided in two regions: Antigua, Barbuda, and Montserrat in one colony, and Saint Christopher, Nevis, Anguilla, and the Virgin Islands in the other. The Leeward Islands were united again as a semi-federal entity in 1833, coming together until 1872 under the administration of the Governor of Antigua. The islands then became known as the Federal Colony of the Leeward Islands from 1872 to 1956. From 1 ...
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Creditor
A creditor or lender is a party (e.g., person, organization, company, or government) that has a claim on the services of a second party. It is a person or institution to whom money is owed. The first party, in general, has provided some property or service to the second party under the assumption (usually enforced by contract) that the second party will return an equivalent property and service. The second party is frequently called a debtor or borrower. The first party is called the creditor, which is the lender of property, service, or money. Creditors can be broadly divided into two categories: secured and unsecured. *A secured creditor has a security or charge over some or all of the debtor's assets, to provide reassurance (thus to ''secure'' him) of ultimate repayment of the debt owed to him. This could be by way of, for example, a mortgage, where the property represents the security. *An unsecured creditor does not have a charge over the debtor's assets. The term creditor ...
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Amelioration Act
The Amelioration Act 1798Leeward Islands Act No. 36, vol. 1., The Laws of the Island of Antigua Consisting of the Acts of the Leeward Islands, 1690–1798, and Acts of Antigua, 1668–1845 (London: Samuel Bagster, 1805–46) (sometimes referred to as the Melioration Act or the Slavery Amelioration Act) was a statute passed by the Leeward Islands to improve the conditions of slaves in the British Caribbean colonies. It introduced financial compensation for slaves, and therefore penalties for owners, for instances of cruelty or serious neglect. The Act prohibited marriages between slaves according to Christian religious ceremony. The Act was effectively repealed by the Slave Trade Act 1807, which made it illegal to trade in slaves in any British territory. The Act applied in all of the British Leeward Island colonies in the Caribbean until its implied repeal by the Slavery Abolition Act 1833. The Act is most often noted for its provisions for financial penalties for inflicting cru ...
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George Suckling
George Suckling was a lawyer who was appointed to be the first Chief Justice of the British Virgin Islands in 1776. Suckling's appointment was not popular in the islands, which were at the time a notorious haunt for the lawless and for those seeking to evade their creditors elsewhere. He also served as a member of the 1st General Assembly of Nova Scotia from 1758 to 1759 and was the first Attorney General in Quebec, serving under James Murray from 1764 to 1766,''A Directory of the Members of the Legislative Assembly of Nova Scotia, 1758-1958'', Public Archives of Nova Scotia (1958) when he was removed from office. He was in Halifax in 1752, where he practised law and also was a merchant in partnership with William Nesbitt. In 1759, Suckling married Frances Duport, his second wife. In Quebec, he also served as advocate general for the Court of Vice-Admiralty. He left the province in 1771. Suckling's arrival in the Virgin Islands was successfully delayed by the Lieutenant Go ...
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Colonial Laws Validity Act 1865
The Colonial Laws Validity Act 1865 (28 & 29 Vict. c. 63) is an Act of the Parliament of the United Kingdom. Its long title is "An Act to remove Doubts as to the Validity of Colonial Laws". The purpose of the Act was to remove any apparent inconsistency between local (colonial) and British ("imperial") legislation. Thus it confirmed that colonial legislation (provided it had been passed in the proper manner) was to have full effect within the colony, limited only to the extent that it was not in contradiction with ("repugnant to") any Act of Parliament that contained powers which extended beyond the boundaries of the United Kingdom to include that colony. This had the effect of clarifying and strengthening the position of colonial legislatures, while at the same time restating their ultimate subordination to the Westminster Parliament. Until the passage of the Act, a number of colonial statutes had been struck down by local judges on the grounds of repugnancy to English laws, ...
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Antigua
Antigua ( ), also known as Waladli or Wadadli by the native population, is an island in the Lesser Antilles. It is one of the Leeward Islands in the Caribbean region and the main island of the country of Antigua and Barbuda. Antigua and Barbuda became an independent state within the Commonwealth of Nations on 1 November 1981. ''Antigua'' means "ancient" in Spanish after an icon in Seville Cathedral, "" — St. Mary of the Old Cathedral.Kessler, Herbert L. & Nirenberg, David. Judaism and Christian Art: Aesthetic Anxieties from the Catacombs to Colonialism'' Accessed 23 September 2011. The name ''Waladli'' comes from the indigenous inhabitants and means approximately "our own". The island's perimeter is roughly and its area . Its population was 83,191 (at the 2011 Census). The economy is mainly reliant on tourism, with the agricultural sector serving the domestic market. Over 22,000 people live in the capital city, St. John's. The capital is situated in the north-west ...
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British Leeward Islands
The British Leeward Islands was a British colony from 1671 to 1958, consisting of the English (later British) overseas possessions in the Leeward Islands. It ceased to exist from 1816 to 1833, during which time it was split into two separate colonies (Antigua–Barbuda–Montserrat and Saint Christopher–Nevis–Anguilla–Virgin Islands). It was dissolved in 1958 after the separation of the British Virgin Islands, and the remaining islands became parts of the West Indies Federation. History The Leeward Islands was established as an English colony in 1671. In 1816, the islands were divided in two regions: Antigua, Barbuda, and Montserrat in one colony, and Saint Christopher, Nevis, Anguilla, and the Virgin Islands in the other. The Leeward Islands were united again as a semi-federal entity in 1833, coming together until 1872 under the administration of the Governor of Antigua. The islands then became known as the Federal Colony of the Leeward Islands from 1872 to 1956. From 1 ...
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History Of The British Virgin Islands
The History of the British Virgin Islands is usually, for convenience, broken up into five separate periods: * Pre-Columbian Amerindian settlement, up to an uncertain date * Nascent European settlement, from approximately 1612 until 1672 * British control, from 1672 until 1834 * Emancipation, from 1834 until 1950 * The modern state, from 1950 to present day These time periods are used for convenience only. There appears to be an uncertain period of time from when the last Arawak left what would later be called the British Virgin Islands until the first Europeans started to settle there in the early 17th century, when records of any settlement are unclear. Each of the above periods is marked by a dramatic change from the preceding time period, providing a way to define the history. Pre-Columbian settlement The first recorded settlement of the Territory was by Arawak Indians who came from South America, in around 100 BC. Vernon Pickering places the date later, at around 200 AD, ...
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