MacLennan V MacLennan
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MacLennan V MacLennan
MacLennan v MacLennan 1958 S.C. 105; 1958 S.L.T. 12 (Outer House, Court of Session, Scotland) was a civil law case that required the court to determine if artificial insemination constituted adultery. Mr and Mrs MacLennan were married in August 1952 but their marriage was not a success. The couple separate shortly afterwards and Mrs MacLennan went to the U.S.A. In July 1955, she had a baby girl. Mr MacLennan sued for divorce citing adultery. Mrs MacLennan defended this action and claimed that she had conceived the child through artificial insemination not through adultery. The Court of Session The Court of Session is the supreme civil court of Scotland and constitutes part of the College of Justice; the supreme criminal court of Scotland is the High Court of Justiciary. The Court of Session sits in Parliament House in Edinburgh ... was faced with defining adultery and whether or not artificial insemination could be defined as under this heading. This is where the ...
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Civil Law (legal System)
Civil law is a legal system originating in mainland Europe and adopted in much of the world. The civil law system is intellectualized within the framework of Roman law, and with core principles codified into a referable system, which serves as the primary source of law. The civil law system is often contrasted with the common law system, which originated in medieval England. Whereas the civil law takes the form of legal codes, the law in common law systems historically came from uncodified case law that arose as a result of judicial decisions, recognising prior court decisions as legally-binding precedent. Historically, a civil law is the group of legal ideas and systems ultimately derived from the ''Corpus Juris Civilis'', but heavily overlain by Napoleonic, Germanic, canonical, feudal, and local practices, as well as doctrinal strains such as natural law, codification, and legal positivism. Conceptually, civil law proceeds from abstractions, formulates general principles, and ...
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Divorce
Divorce (also known as dissolution of marriage) is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganizing of the legal duties and responsibilities of marriage, thus dissolving the bonds of matrimony between a married couple under the rule of law of the particular country or state. Divorce laws vary considerably around the world, but in most countries, divorce requires the sanction of a court or other authority in a legal process, which may involve issues of distribution of property, child custody, alimony (spousal support), child visitation / access, parenting time, child support, and division of debt. In most countries, monogamy is required by law, so divorce allows each former partner to marry another person. Divorce is different from annulment, which declares the marriage null and void, with legal separation or ''de jure'' separation (a legal process by which a married couple may formalize a ''de facto'' se ...
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Adultery
Adultery (from Latin ''adulterium'') is extramarital sex that is considered objectionable on social, religious, moral, or legal grounds. Although the sexual activities that constitute adultery vary, as well as the social, religious, and legal consequences, the concept exists in many cultures and is similar in Christianity, Judaism and Islam. Adultery is viewed by many jurisdictions as offensive to public morals, undermining the marriage relationship. Historically, many cultures considered adultery a very serious crime, some subject to severe punishment, usually for the woman and sometimes for the man, with penalties including capital punishment, mutilation, or torture. Such punishments have gradually fallen into disfavor, especially in Western countries from the 19th century. In countries where adultery is still a criminal offense, punishments range from fines to caning and even capital punishment. Since the 20th century, criminal laws against adultery have become controversi ...
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Artificial Insemination
Artificial insemination is the deliberate introduction of sperm into a female's cervix or uterine cavity for the purpose of achieving a pregnancy through in vivo fertilization by means other than sexual intercourse. It is a fertility treatment for humans, and is common practice in animal breeding, including dairy cattle (see Frozen bovine semen) and pigs. Artificial insemination may employ assisted reproductive technology, sperm donation and animal husbandry techniques. Artificial insemination techniques available include intracervical insemination (ICI) and intrauterine insemination (IUI). Humans History The first recorded case of artificial insemination was John Hunter in 1790, who helped impregnate a linen draper's wife. The first reported case of artificial insemination by donor occurred in 1884: William H. Pancoast, a professor in Philadelphia, took sperm from his "best looking" student to inseminate an anesthetized woman without her knowledge. The case was reporte ...
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Court Of Session
The Court of Session is the supreme civil court of Scotland and constitutes part of the College of Justice; the supreme criminal court of Scotland is the High Court of Justiciary. The Court of Session sits in Parliament House in Edinburgh and is both a trial court and a court of appeal. Decisions of the court can be appealed to the Supreme Court of the United Kingdom, with the permission of either the Inner House or the Supreme Court. The Court of Session and the local sheriff courts of Scotland have concurrent jurisdiction for all cases with a monetary value in excess of ; the plaintiff is given first choice of court. However, the majority of complex, important, or high value cases are brought in the Court of Session. Cases can be remitted to the Court of Session from the sheriff courts, including the Sheriff Personal Injury Court, at the request of the presiding sheriff. Legal aid, administered by the Scottish Legal Aid Board, is available to persons with little dis ...
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John Wheatley, Baron Wheatley
John Thomas Wheatley, Baron Wheatley, (17 January 1908 – 28 July 1988) was a Scottish Labour politician and judge. Biography Wheatley was born on 17 January 1908 in Shettleston, Glasgow, the third and youngest child of Janet (1877–1951), a pupil teacher and daughter of Peter Murphy, a labourer from Belfast, and Patrick Wheatley (1875–1937), sometime miner and later publisher, who was born in County Waterford. He was educated at St. Aloysius' College, Glasgow, Mount St Mary's College Mount St Mary's College is an independent, co-educational, day and boarding school situated at Spinkhill, Derbyshire, England. It was founded in 1842 by the Society of Jesus (better known as the Jesuits), and has buildings designed by notable ar ... near Sheffield, and the University of Glasgow. He was admitted as an Faculty of Advocates, advocate in 1932. He served in the Royal Artillery and the Judge Advocate General (United Kingdom), Judge Advocate Generals' Branch during World ...
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1958 In Scotland
Events from the year 1958 in Scotland. Incumbents * Secretary of State for Scotland and Keeper of the Great Seal – John Maclay Law officers * Lord Advocate – William Rankine Milligan * Solicitor General for Scotland – William Grant Judiciary * Lord President of the Court of Session and Lord Justice General – Lord Clyde * Lord Justice Clerk – Lord Thomson * Chairman of the Scottish Land Court – Lord Gibson Events * 13 March – Glasgow Kelvingrove by-election results in a Labour gain from the Conservatives * May – nuclear development: Dounreay materials test reactor achieves criticality * 3 May – Aberdeen Corporation Tramways last operate, leaving Glasgow as the only system in Scotland * 20 May – railway collision at Arklestone Junction, Paisley; 97 injured * 7 June – Ian Donald publishes an article in ''The Lancet'' describing the diagnostic use of ultrasound in obstetrics as pioneered in Glasgow * 4 July – St Ninian's Isle Treasure disc ...
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Court Of Session Cases
A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law. In both common law and civil law legal systems, courts are the central means for dispute resolution, and it is generally understood that all people have an ability to bring their claims before a court. Similarly, the rights of those accused of a crime include the right to present a defense before a court. The system of courts that interprets and applies the law is collectively known as the judiciary. The place where a court sits is known as a venue. The room where court proceedings occur is known as a courtroom, and the building as a courthouse; court facilities range from simple and very small facilities in rural communities to large complex facilities in urban communities. The practical authority given to ...
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1958 In Case Law
Events January * January 1 – The European Economic Community (EEC) comes into being. * January 3 – The West Indies Federation is formed. * January 4 ** Edmund Hillary's Commonwealth Trans-Antarctic Expedition completes the third overland journey to the South Pole, the first to use powered vehicles. ** Sputnik 1 (launched on October 4, 1957) falls to Earth from its orbit, and burns up. * January 13 – Battle of Edchera: The Moroccan Army of Liberation ambushes a Spanish patrol. * January 27 – A Soviet-American executive agreement on cultural, educational and scientific exchanges, also known as the "Lacy-Zarubin Agreement, Lacy–Zarubin Agreement", is signed in Washington, D.C. * January 31 – The first successful American satellite, Explorer 1, is launched into orbit. February * February 1 – Egypt and Syria unite, to form the United Arab Republic. * February 6 – Seven Manchester United F.C., Manchester United footballers are among the 21 people killed i ...
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Divorce Law In The United Kingdom
Divorce (also known as dissolution of marriage) is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganizing of the legal duties and responsibilities of marriage, thus dissolving the bonds of matrimony between a married couple under the rule of law of the particular country or state. Divorce laws vary considerably around the world, but in most countries, divorce requires the sanction of a court or other authority in a legal process, which may involve issues of distribution of property, child custody, alimony (spousal support), child visitation / access, parenting time, child support, and division of debt. In most countries, monogamy is required by law, so divorce allows each former partner to marry another person. Divorce is different from annulment, which declares the marriage null and void, with legal separation or ''de jure'' separation (a legal process by which a married couple may formalize a ''de facto'' se ...
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1958 In British Law
Events January * January 1 – The European Economic Community (EEC) comes into being. * January 3 – The West Indies Federation is formed. * January 4 ** Edmund Hillary's Commonwealth Trans-Antarctic Expedition completes the third overland journey to the South Pole, the first to use powered vehicles. ** Sputnik 1 (launched on October 4, 1957) falls to Earth from its orbit, and burns up. * January 13 – Battle of Edchera: The Moroccan Army of Liberation ambushes a Spanish patrol. * January 27 – A Soviet-American executive agreement on cultural, educational and scientific exchanges, also known as the "Lacy-Zarubin Agreement, Lacy–Zarubin Agreement", is signed in Washington, D.C. * January 31 – The first successful American satellite, Explorer 1, is launched into orbit. February * February 1 – Egypt and Syria unite, to form the United Arab Republic. * February 6 – Seven Manchester United F.C., Manchester United footballers are among the 21 people killed i ...
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Sexual Fidelity
Infidelity (synonyms include cheating, straying, adultery, being unfaithful, two-timing, or having an affair) is a violation of a couple's emotional and/or sexual exclusivity that commonly results in feelings of anger, sexual jealousy, and rivalry. What constitutes infidelity depends on expectations within the relationship. In marital relationships, exclusivity is commonly assumed. Infidelity can cause psychological damage, including feelings of rage and betrayal, low sexual and personal confidence, and even post-traumatic stress disorder. People of all genders can experience social consequences if their act of infidelity becomes public, but the form and extent of these consequences can depend on the gender of the unfaithful person. Incidence After the Kinsey Reports came out in the early 1950s, findings suggested that historically and cross-culturally, extramarital sex has been a matter of regulation more than sex before marriage. The Kinsey Reports found that around half of ...
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