R V Smith (1900)
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R V Smith (1900)
''R v Smith'' is a case decided by the Special Court created by the Indemnity and Special Tribunals Act, 1900 (No 6), sitting in the buildingsR v Smith (190017SC 561; (1900) 10 CT773/ref> of the Supreme Court of the Colony of the Cape of Good Hope. It relates to whether superior orders are an excuseH L Stephen, "Superior Orders as Excuse for Homicide", (190117Law Quarterly Review 87 or justification.R v Smith (1900) 10 CTR 773 It has been called a leading case. According to the Cape Times Law Reports, the ratio decidendi of this case is as follows: The orders of a superior officer so long as they are neither obviously and decidedly illegal nor opposed to the well-established customs of the Army, must be completely and unhesitatingly obeyed by a soldier subordinate to such officer. But if such commands are obviously illegal, the inferior will be justified in questioning or even refusing to execute them. An officer or soldier acting under orders from his superior which are not n ...
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Cape Times Law Reports
Case citation is a system used by legal professionals to identify past court case decisions, either in series of books called Reporter (law), reporters or law reports, or in a neutral style that identifies a decision regardless of where it is reported. Case citations are formatted differently in different jurisdictions, but generally contain the same key information. A legal citation is a "reference to a legal precedent or authority, such as a case, statute, or treatise, that either substantiates or contradicts a given position." Where cases are published on paper, the citation usually contains the following information: * Court that issued the decision * Report title * Volume number * Page, section, or paragraph number * Publication year In some report series, for example in England, Australia and some in Canada, volumes are not numbered independently of the year: thus the year and volume number (usually no greater than 4) are required to identify which book of the series has t ...
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Colesberg
Colesberg is a town with 17,354 inhabitants in the Northern Cape province of South Africa, located on the main N1 road from Cape Town to Johannesburg. In a sheep-farming area spread over half-a-million hectares, greater Colesberg breeds many of the country's top merinos. It is also renowned for producing high-quality racehorses and many stud farms, including one owned by renowned golfer, Gary Player, are nearby. History Founded in 1830 on an abandoned station of the London Missionary Society, and initially named Toverberg after a nearby hill, it was renamed Colesberg after Sir Galbraith Lowry Cole, then Governor of the Cape Colony. The site of the town lay on one of the well-travelled routes used by traders, hunters and explorers to gain access to the interior. Towerberg or Coleskop is a prominent hill near the town and a landmark easily seen from a distance by travellers. Colesberg saw a large number of battles and skirmishes during the second Anglo-Boer War, and the Col ...
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Legal Professions In England And Wales
The Legal profession in England and Wales is divided into two distinct branches under the legal system, those of solicitors and barristers. Other legal professions in England and Wales include acting as a judge, as the Attorney-General, as the Solicitor-General, or as the Director of Public Prosecutions. Barristers and solicitors Solicitors tend to work together with others in private practice and are generally the first port of call for those seeking legal advice. Solicitors are also employed in government departments and commercial businesses. The Law Society is the professional body representing solicitors. Barristers, on the other hand, do not generally deal with the public directly, but take their instructions from a solicitor representing the client. Barristers then represent the client at court and present their case. The Bar Council is the professional body representing barristers. To become a barrister or a solicitor requires study at law school, but not necessarily at a ...
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Cape Times
The ''Cape Times'' is an English-language morning newspaper owned by Independent News & Media SA and published in Cape Town, South Africa. the newspaper had a daily readership of 261 000 and a circulation of 34 523. By the fourth quarter of 2014, circulation had declined to 31 930. History The ''Cape Times'' had its origins in the great economic and social boom years that followed the Cape's attainment of "Responsible Government" (local democracy) in 1872. The first edition of the newspaper, a small four-page sheet, was published on 27 March 1876 by then editor Frederick York St Leger. St Leger was assisted by Richard William Murray Jnr, whose father of the same name had been one of the founding partners of the ''Cape Argus''. It was the first daily paper in southern Africa, and soon became one of the principal newspapers of the Cape. Modelled on ''The Times'', its primary target was the poor working class, as it attempted to expose early government corruption. Later bou ...
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South African Law Reports, Orange Free State Provincial Division
Case citation is a system used by legal professionals to identify past court case decisions, either in series of books called reporters or law reports, or in a neutral style that identifies a decision regardless of where it is reported. Case citations are formatted differently in different jurisdictions, but generally contain the same key information. A legal citation is a "reference to a legal precedent or authority, such as a case, statute, or treatise, that either substantiates or contradicts a given position." Where cases are published on paper, the citation usually contains the following information: * Court that issued the decision * Report title * Volume number * Page, section, or paragraph number * Publication year In some report series, for example in England, Australia and some in Canada, volumes are not numbered independently of the year: thus the year and volume number (usually no greater than 4) are required to identify which book of the series has the case repo ...
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Orange River Colony Law Reports
Case citation is a system used by legal professionals to identify past court case decisions, either in series of books called reporters or law reports, or in a neutral style that identifies a decision regardless of where it is reported. Case citations are formatted differently in different jurisdictions, but generally contain the same key information. A legal citation is a "reference to a legal precedent or authority, such as a case, statute, or treatise, that either substantiates or contradicts a given position." Where cases are published on paper, the citation usually contains the following information: * Court that issued the decision * Report title * Volume number * Page, section, or paragraph number * Publication year In some report series, for example in England, Australia and some in Canada, volumes are not numbered independently of the year: thus the year and volume number (usually no greater than 4) are required to identify which book of the series has the case repo ...
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Charles Bowen, Baron Bowen
Charles Synge Christopher Bowen, Baron Bowen, (1 January 1835 – 10 April 1894) was an English judge. Early life Bowen was born at Woolaston in Gloucestershire – his father, Rev. Christopher Bowen, originally of Hollymount, County Mayo, being then curate of the parish and his mother, Catherine Steele (1807/8–1902); his younger brother was Edward Ernest Bowen, a long-serving Harrow schoolmaster. He was educated at Lille in France, Blackheath and Rugby schools, leaving the latter in 1853 having won a scholarship to Balliol College, Oxford. There he made good his earlier academic promise, winning the principal classical scholarships and prizes of his time. He was elected a Fellow of Balliol in 1857 while an undergraduate and became President of the Oxford Union in 1858. Career From Oxford, Bowen went to London, where he was called to the bar at Lincoln's Inn in 1861, and while studying law he wrote regularly for the '' Saturday Review'', and also later for ''The Spectator' ...
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James Fitzjames Stephen
Sir James Fitzjames Stephen, 1st Baronet, KCSI (3 March 1829 – 11 March 1894) was an English lawyer, judge, writer, and philosopher. One of the most famous critics of John Stuart Mill, Stephen achieved prominence as a philosopher, law reformer, and writer. Early life and education, 1829–1854 James Fitzjames Stephen was born on 3 March 1829 at Kensington Gore, London, the third child and second son of Sir James Stephen and Jane Catherine Venn. Stephen came from a distinguished family. His father, the drafter of the Slavery Abolition Act 1833, was Permanent Under-Secretary of State for the Colonies and Regius Professor of Modern History at Cambridge. His grand-father James Stephen and uncle George Stephen were both leading anti-slavery campaigners. His younger brother was the author and critic Sir Leslie Stephen, whilst his younger sister Caroline Stephen was a philanthropist and a writer on Quakerism. Through his brother Leslie Stephen, he was the uncle of V ...
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Military Law
Military justice (also military law) is the legal system (bodies of law and procedure) that governs the conduct of the active-duty personnel of the armed forces of a country. In some nation-states, civil law and military law are distinct bodies of law, which respectively govern the conduct of civil society and the conduct of the armed forces; each body of law has specific judicial procedures to enforce the law. Among the legal questions unique to a system of military justice are the practical preservation of good order and discipline, command responsibility, the legality of orders, war-time observation of the code of conduct, and matters of legal precedence concerning civil or military jurisdiction over the civil offenses and the criminal offenses committed by active-duty military personnel. Military justice is different and distinct from martial law, which is the imposition of direct military authority upon a civilian population, in place of the civilian legal system of law ...
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Moot Point
The terms moot and mootness are used in both in English and American law, although with different meanings. In the legal system of the United States, a matter is moot if further legal proceedings with regard to it can have no effect, or events have placed it beyond the reach of the law. Thereby the matter has been deprived of practical significance or rendered purely academic. The U.S. development of this word stems from the practice of moot courts, in which hypothetical or fictional cases were argued as a part of legal education. These purely academic issues led the U.S. courts to describe cases where developing circumstances made any judgment ineffective as "moot". The doctrine can be compared to the ripeness doctrine, another judge-made rule, that holds that judges should not rule on cases based entirely on anticipated disputes or hypothetical facts. Similar doctrines prevent the federal courts of the United States from issuing advisory opinions. This is different from ...
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