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Sweet V Parsley
''Sweet v Parsley'' was an English law, English English criminal law, criminal law case where the defendant landlady of a farmhouse (which was let to students and which she visited infrequently) was charged under a 1965 Act "of having been concerned in the management of premises used for smoking cannabis". Even though she had neither knowledge of nor privity with the offence, it took place on her property and at first instance she was convicted, being deemed "liable without fault". This conviction was later quashed by the Judicial functions of the House of Lords, House of Lords on the grounds that knowledge of the use of the premises was essential to the offence. Since she had no such knowledge, she did not commit the offence. Requirement of ''mens rea'' James Reid, Baron Reid, Lord Reid declared: . . . there has for centuries been a presumption that Parliament did not intend to make criminals of persons who were in no way blameworthy in what they did. That means that whenever ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English 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 Common law can be amended or repealed by Parliament.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 la ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fault (legal)
Fault, as a legal term, refers to legal blameworthiness and responsibility in each area of law. It refers to both the '' actus reus'' and the mental state of the defendant. The basic principle is that a defendant should be able to contemplate the harm that his actions may cause, and therefore should aim to avoid such actions. Different forms of liability employ different notions of fault, in some there is no need to prove fault, but the absence of it. In criminal law, the '' mens rea'' is used to decide if the defendant has criminal intent when he commits the act and, if so, he is therefore liable for the crime. However, this is not necessary for strict liability offences, where no particular state of mind is required to satisfy the burden of proof. ''Actus reus'' element Most requirements for a successful ''actus reus'' require a voluntary act, or omission, for evidence of fault. There is also a requirement for a clear causation, there is no liability or fault if the defend ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cannabis Law
The legality of cannabis for medical and recreational use varies by country, in terms of its possession, distribution, and cultivation, and (in regards to medical) how it can be consumed and what medical conditions it can be used for. These policies in most countries are regulated by three United Nations treaties: the 1961 Single Convention on Narcotic Drugs, the 1971 Convention on Psychotropic Substances, and the 1988 Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances. Since its descheduling in 2020, cannabis is classified as a Schedule I drug under the Single Convention treaty, meaning that signatories can allow medical use but that it is considered to be an addictive drug with a serious risk of abuse. The use of cannabis for recreational purposes is prohibited in most countries; however, many have adopted a policy of decriminalization to make simple possession a non-criminal offense (often similar to a minor traffic violation). Others have ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
House Of Lords Cases
A house is a single-unit residential building. It may range in complexity from a rudimentary hut to a complex structure of wood, masonry, concrete or other material, outfitted with plumbing, electrical, and heating, ventilation, and air conditioning systems.Schoenauer, Norbert (2000). ''6,000 Years of Housing'' (rev. ed.) (New York: W.W. Norton & Company). Houses use a range of different roofing systems to keep precipitation such as rain from getting into the dwelling space. Houses may have doors or locks to secure the dwelling space and protect its inhabitants and contents from burglars or other trespassers. Most conventional modern houses in Western cultures will contain one or more bedrooms and bathrooms, a kitchen or cooking area, and a living room. A house may have a separate dining room, or the eating area may be integrated into another room. Some large houses in North America have a recreation room. In traditional agriculture-oriented societies, domestic animals such a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1969 In British Law
This year is notable for Apollo 11's first landing on the moon. Events January * January 4 – The Government of Spain hands over Ifni to Morocco. * January 5 **Ariana Afghan Airlines Flight 701 crashes into a house on its approach to London's Gatwick Airport, killing 50 of the 62 people on board and two of the home's occupants. * January 14 – An explosion aboard the aircraft carrier USS Enterprise (CVN-65), USS ''Enterprise'' near Hawaii kills 27 and injures 314. * January 19 – End of the siege of the University of Tokyo, marking the beginning of the end for the 1968–69 Japanese university protests. * January 20 – Richard Nixon is First inauguration of Richard Nixon, sworn in as the 37th President of the United States. * January 22 – Attempted assassination of Leonid Brezhnev, An assassination attempt is carried out on Soviet leader Leonid Brezhnev by deserter Viktor Ilyin. One person is killed, several are injured. Leonid Brezhnev, Brezhnev es ... [...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] |
1969 In Case Law
This year is notable for Apollo 11's first landing on the moon. Events January * January 4 – The Government of Spain hands over Ifni to Morocco. * January 5 **Ariana Afghan Airlines Flight 701 crashes into a house on its approach to London's Gatwick Airport, killing 50 of the 62 people on board and two of the home's occupants. * January 14 – An explosion aboard the aircraft carrier USS ''Enterprise'' near Hawaii kills 27 and injures 314. * January 19 – End of the siege of the University of Tokyo, marking the beginning of the end for the 1968–69 Japanese university protests. * January 20 – Richard Nixon is sworn in as the 37th President of the United States. * January 22 – An assassination attempt is carried out on Soviet leader Leonid Brezhnev by deserter Viktor Ilyin. One person is killed, several are injured. Brezhnev escaped unharmed. * January 27 ** Fourteen men, 9 of them Jews, are executed in Baghdad for spying for Israel. ** R ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Strict Liability (criminal)
In criminal law, strict liability is liability for which (Law Latin for "guilty mind") does not have to be proven in relation to one or more elements comprising the ("guilty act") although intention, recklessness or knowledge may be required in relation to other elements of the offense. The liability is said to be strict because defendants could be convicted even though they were genuinely ignorant of one or more factors that made their acts or omissions criminal. The defendants may therefore not be culpable in any real way, i.e. there is not even criminal negligence, the least blameworthy level of . Strict liability laws were created in Britain in the 19th century to improve working and safety standards in factories. Needing to prove on the part of the factory owners was very difficult and resulted in very few prosecutions. The creation of strict liability offenses meant that convictions were increased. Common strict liability offenses today include the selling of alcohol ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Statutory Interpretation
Statutory interpretation is the process by which courts interpret and apply legislation. Some amount of interpretation is often necessary when a case involves a statute. Sometimes the words of a statute have a plain and a straightforward meaning. But in many cases, there is some ambiguity in the words of the statute that must be resolved by the judge. To find the meanings of statutes, judges use various tools and methods of statutory interpretation, including traditional canons of statutory interpretation, legislative history, and purpose. In common law jurisdictions, the judiciary may apply rules of statutory interpretation both to legislation enacted by the legislature and to delegated legislation such as administrative agency regulations. History Statutory interpretation first became significant in common law systems, of which historically English law#Common law, England is the exemplar. In Roman and civil law, a statute (or code) guides the magistrate, but there is no jud ... [...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] |
Contra Proferentem
''Contra proferentem'' (Latin: "against heofferor"), also known as "interpretation against the draftsman", is a doctrine of contractual interpretation providing that, where a promise, agreement or term is ambiguous, the preferred meaning should be the one that works against the interests of the party who provided the wording. Overview The doctrine is often applied to situations involving standardized contracts or where the parties are of unequal bargaining power, but is applicable to other cases. The doctrine is not, however, directly applicable to situations where the language at issue is mandated by law, as is often the case with insurance contracts and bills of lading. The reasoning behind this rule is to encourage the drafter of a contract to be as clear and explicit as possible and to take into account as many foreseeable situations as it can. Eric Posner claimed: "The contra proferentem rule, for example, might encourage the drafter to be more explicit and to provide ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Strict Liability (criminal)
In criminal law, strict liability is liability for which (Law Latin for "guilty mind") does not have to be proven in relation to one or more elements comprising the ("guilty act") although intention, recklessness or knowledge may be required in relation to other elements of the offense. The liability is said to be strict because defendants could be convicted even though they were genuinely ignorant of one or more factors that made their acts or omissions criminal. The defendants may therefore not be culpable in any real way, i.e. there is not even criminal negligence, the least blameworthy level of . Strict liability laws were created in Britain in the 19th century to improve working and safety standards in factories. Needing to prove on the part of the factory owners was very difficult and resulted in very few prosecutions. The creation of strict liability offenses meant that convictions were increased. Common strict liability offenses today include the selling of alcohol ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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