|
R V Jordan
''R v Jordan'' (1956) 40 Cr App R 152 was an English criminal law case that has been distinguished by two later key cases of equal precedent rank for its ruling that some situations of medical negligence following a wounding are those of breaking the chain of causation (across much of Europe termed a ''novus actus interveniens''), capable of absolving a person who has inflicted bodily harm of guilt for an offence of the severity resulting from a consequent decline in bodily condition, in particular, homicide. The facts were ones whereby a wound was should to be almost certain, with no treatment, to heal itself. The medical attempt to facilitate recovery from the wound resulted in a non-prosecutable death as it was shown to have been negligent and principally an antibiotic error though far from unknown and well-intentioned. The appropriate charge(s) would be ones relating to wounding or disorder of the defendant, rather than homicide which could not have been said to have been ca ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Appeal
A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of the world, court systems are divided into at least three levels: the trial court, which initially hears cases and reviews evidence and testimony to determine the facts of the case; at least one intermediate appellate court; and a supreme court (or court of last resort) which primarily reviews the decisions of the intermediate courts, often on a discretionary basis. A particular court system's supreme court is its highest appellate court. Appellate courts nationwide can operate under varying rules. Under its standard of review, an appellate court decides the extent of the deference it would give to the lower court's decision, based on whether the appeal were one of fact or of law. In reviewing an issue of fact, an appellate court ordinaril ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminal Appeal Reports
The Criminal Appeal Reports are a series of law reports of decisions of the Court of Criminal Appeal, the criminal division of the Court of Appeal and the House of Lords from 15 May 1908 onwards. They are published by Sweet & Maxwell. Publication began in 1909 and have been edited by Daniel Janner since 1994. As of 2008, they were published ten times each year. For the purpose of citation, their name may be abbreviated to "Cr App R", or to "CAR". Glanville Williams criticised the layout of the index in each volume of these reports. Volume 1 contains, in addition to the reports, a copy of the Criminal Appeal Act 1907, sections 9(5) and (6) of the Costs in Criminal Cases Act 1908, the Criminal Appeal (Amendment) Act 1908, section 11 of the Prevention of Crime Act 1908 and section 99(6) of the Children Act 1908.Herman Cohen (Editor). The Criminal Appeal Reports with subject index, tables of cases and statutes cited, and the Criminal Appeal Act, 1907, and amending and exte ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Criminal Law
English criminal law concerns offences, their prevention and the consequences, in England and Wales. Criminal conduct is considered to be a wrong against the whole of a community, rather than just the private individuals affected. The state, in addition to certain international organisations, has responsibility for crime prevention, for bringing the culprits to justice, and for dealing with convicted offenders. The police, the criminal courts and prisons are all publicly funded services, though the main focus of criminal law concerns the role of the courts, how they apply criminal statutes and common law, and why some forms of behaviour are considered criminal. The fundamentals of a crime are a guilty act (or ''actus reus'') and a guilty mental state (or ''mens rea''). The traditional view is that moral culpability requires that a defendant should have recognised or intended that they were acting wrongly, although in modern regulation a large number of offences relating to road ... [...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] |
Breaking The Chain
Breaking the chain (or ''novus actus interveniens'', literally ''new intervening act'') refers in English law to the idea that causal connections are deemed to finish. Even if the defendant can be shown to have acted negligently, there will be no liability if some new intervening act breaks the chain of causation between that negligence and the loss or damage sustained by the claimant. Discussion Where there is only a single operative cause for the loss and damage suffered by the claimant, it is a relatively simple matter to determine whether that cause was a breach of the duty of care owed to the claimant by the defendant. But where the sequence of events leading to the loss and damage comprises more than one cause, the process of separating and attributing potential or actual liability is more complicated. Act of God and other natural events as contributing causes Where there are several potential causes of harm, some of which are tortious and some of which are natural, the b ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Novus Actus Interveniens
Novus ("new" in Latin) may refer to: Companies * Novus Biologicals, a biotech company based in Littleton, Colorado, US * Novus Entertainment, a Canadian telecommunications company * Novus International, an animal health and nutrition company * Novus Leisure, a British company owning bars and nightclubs * Novus Partners, a portfolio intelligence platform for institutional investors * Novus Records, an American jazz record label * Novus, a former processing-center partner of Discover Card * Novus Organics, an Australian Organics company focussed on bringing its customers premium quality organic products the planet can offer Other * Tata Novus, a truck introduced in 2005 * Novus, a planet in the ''Stargate Universe'' episode "Common Descent" * Novus, a race of sentient machines from the video game '' Universe at War: Earth Assault'' * "Novus", a song by Santana from ''Shaman'' See also * Novuss (also known as or ) is a two-player (or four-player, doubles) game of physical skill ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Airforce
The United States Air Force (USAF) is the air service branch of the United States Armed Forces, and is one of the eight uniformed services of the United States. Originally created on 1 August 1907, as a part of the United States Army Signal Corps, the USAF was established as a separate branch of the United States Armed Forces in 1947 with the enactment of the National Security Act of 1947. It is the second youngest branch of the United States Armed Forces and the fourth in order of precedence. The United States Air Force articulates its core missions as air supremacy, global integrated intelligence, surveillance and reconnaissance, rapid global mobility, global strike, and command and control. The United States Air Force is a military service branch organized within the Department of the Air Force, one of the three military departments of the Department of Defense. The Air Force through the Department of the Air Force is headed by the civilian Secretary of the Air Force, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Kingston Upon Hull
Kingston upon Hull, usually abbreviated to Hull, is a port city and unitary authority in the East Riding of Yorkshire, England. It lies upon the River Hull at its confluence with the Humber Estuary, inland from the North Sea and south-east of York, the historic county town. With a population of (), it is the fourth-largest city in the Yorkshire and the Humber region after Leeds, Sheffield and Bradford. The town of Wyke on Hull was founded late in the 12th century by the monks of Meaux Abbey as a port from which to export their wool. Renamed ''Kings-town upon Hull'' in 1299, Hull had been a market town, military supply port, trading centre, fishing and whaling centre and industrial metropolis. Hull was an early theatre of battle in the English Civil Wars. Its 18th-century Member of Parliament, William Wilberforce, took a prominent part in the abolition of the slave trade in Britain. More than 95% of the city was damaged or destroyed in the blitz and suffered a perio ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
R V Smith (Thomas Joseph)
''R. v. Smith (Thomas Joseph)'' 9592 QB 35, 959A.C. is an English criminal law case, dealing with causation and homicide. The court ruled that negligence of medical staff, nor being dropped on the way from a stretcher twice, does not break the chain of causation in murder cases. Facts A soldier intentionally stabbed a comrade, C, in the chest. On the way to the medical centre C had been dropped twice by comrades carrying him and on arrival the doctor failed to notice that one of C’s lungs had been pierced causing haemorrhage and the treatment provided was, as it later turned out, inappropriate and harmful. Had he had appropriate treatment he might not have died. Jury instruction and jury decision Lord Parker CJ delivering the judgment of the Courts-Martial Appeal Court said, at p. 48: “If at the time of death the original wound is still an operating cause and a substantial cause, then the death can properly be said to be the result of the wound, albeit that some othe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Puisne Judge
A puisne judge or puisne justice (; from french: puisné or ; , 'since, later' + , 'born', i.e. 'junior') is a dated term for an ordinary judge or a judge of lesser rank of a particular court. Use The term is used almost exclusively in common law jurisdictions: the jurisdiction of England and Wales within the United Kingdom; Australia, including its states and territories; Canada, including its provinces and territories; India, including its states and territories; Pakistan, its provinces, and Azad Kashmir; the British possession of Gibraltar; Kenya; Sri Lanka; South Africa in rural provinces and Hong Kong. In Australia, the most senior judge after a chief justice in superior state courts is referred to as the "senior puisne judge". Use is rare outside of, usually internal, court (judicial) procedural decisions as to which will sit or has sat in hearings or appeals. The term is dated in detailed, academic case law analyses and, to varying degree direct applicability in higher co ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
R V Cheshire
''R v Cheshire'' 9911 WLR 844 is an English criminal law case establishing the role of the jury in finding liability for death, where subsequent medical negligence occurs following the original injury. The Court of Appeal found that the jury did not have to weigh up different causes of death, and need only be satisfied that the defendant's actions made a "significant contribution" to the victim's death. Facts On 9 December 1987, the appellant attacked and shot a man in a fish and chip shop, following an argument. The victim was admitted to hospital and underwent surgery, though he developed a respiratory problem requiring a tracheostomy tube to be inserted into his windpipe.9911 WLR 844, at 844 On 8 February 1988, and again on 14 February, the victim complained that he was having difficulty breathing, dying shortly after. Medical evidence at the defendant's trial was given that the victim's death was the result of his doctor's failure to diagnose the reason behind his breathlessne ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Criminal Case Law
English usually refers to: * English language * English people English may also refer to: Peoples, culture, and language * ''English'', an adjective for something of, from, or related to England ** English national identity, an identity and common culture ** English language in England, a variant of the English language spoken in England * English languages (other) * English studies, the study of English language and literature * ''English'', an Amish term for non-Amish, regardless of ethnicity Individuals * English (surname), a list of notable people with the surname ''English'' * People with the given name ** English McConnell (1882–1928), Irish footballer ** English Fisher (1928–2011), American boxing coach ** English Gardner (b. 1992), American track and field sprinter Places United States * English, Indiana, a town * English, Kentucky, an unincorporated community * English, Brazoria County, Texas, an unincorporated community * Engli ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
.jpg "Click for more on -> Court Of Appeal")
