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Rule Of Sevens
The rule of sevens, in English common law, establishes three age brackets for determining a young person's capacity to be responsible for torts and crimes. Children under the age of seven cannot be held to have capacity, while there is a rebuttable presumption that a minor aged 7 to 14 lacks capacity, while for those aged 14 to 21 there is a rebuttable presumption of capacity. The rule of sevens is also used in determining capacity to give informed assent The term informed assent describes the process whereby Minor (law), minors may agree to participate in clinical trials. It is similar to the process of informed consent in adults, however there remains some overlap between the terms. Background ... to participate in clinical trials. References Common law {{UK-law-stub ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Common Law
English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures. Principal elements of English law Although the common law has, historically, been the foundation and prime source of English law, the most authoritative law is statutory legislation, which comprises Acts of Parliament, regulations and by-laws. In the absence of any statutory law, the common law with its principle of '' stare decisis'' forms the residual source of law, based on judicial decisions, custom, and usage. Common law is made by sitting judges who apply both statutory law and established principles which are derived from the reasoning from earlier decisions. Equity is the other historic source of judge-made law. Common law can be amended or repealed by Parliament. Not being a civil law system, it has no comprehensive codification. However, most of its criminal law has been codified from its common law o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tort
A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishable by the state. While criminal law aims to punish individuals who commit crimes, tort law aims to compensate individuals who suffer harm as a result of the actions of others. Some wrongful acts, such as assault and battery, can result in both a civil lawsuit and a criminal prosecution in countries where the civil and criminal legal systems are separate. Tort law may also be contrasted with contract law, which provides civil remedies after breach of a duty that arises from a contract. Obligations in both tort and criminal law are more fundamental and are imposed regardless of whether the parties have a contract. While tort law in civil law jurisdictions largely derives from Roman law, common law jurisdictions derive their tort law from cus ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rebuttable Presumption
In common law and civil law, a rebuttable presumption (in Latin, ''praesumptio iuris tantum'') is an assumption made by a court that is taken to be true unless someone proves otherwise. For example, a defendant in a criminal case is presumed innocent until proven guilty. It is often associated with '' prima facie'' evidence. Criminal law Rebuttable presumptions in criminal law are somewhat controversial in that they do effectively reverse the presumption of innocence in some cases. For example, in the United 4C Section 75of the Sexual Offences Act 2003 makes several rebuttable presumptions about mens rea and consent to sexual activity. In some cases, a rebuttable presumption can also work in favor of the accused. For instance, in Australia, there is a rebuttable presumption that a child aged at least 10 but less than 14 is incapable of committing a criminal act. Civil law An example from civil law is a rebuttable presumption for shared parenting after divorce, where the defa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Informed Assent
The term informed assent describes the process whereby Minor (law), minors may agree to participate in clinical trials. It is similar to the process of informed consent in adults, however there remains some overlap between the terms. Background In adult medical research, the term informed consent is used to describe a state whereby a competent individual, having been fully informed about the nature, benefits and risks of a clinical trial, agrees to their own participation. National authorities define certain populations as vulnerable and therefore unable to provide informed consent, such as those without the necessary cognitive, psychological, or social maturity to understand these benefits and risks. The oft-reported belief that minors (for the purposes of this discussion, read minors as persons under the age of 18 years) are considered a vulnerable population and therefore may not autonomously provide informed consent, is actually an oversimplification that does not always hold ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
