Spousal Privilege
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Spousal Privilege
In the common law, spousal privilege (also called marital privilege or husband-wife privilege) is a term used in the law of evidence to describe two separate privileges that apply to spouses: the spousal communications privilege and the spousal testimonial privilege. Both types of privilege are based on the policy of encouraging spousal harmony and preventing spouses from having to condemn, or be condemned by, their spouses: the spousal communications privilege or confidences privilege is a form of privileged communication that protects the contents of confidential communications between spouses during their marriage from testimonial disclosure, while spousal testimonial privilege (also called spousal incompetency and spousal immunity) protects the individual holding the privilege from being called to testify in proceedings relating to their spouse. However, in some countries, the spousal privileges have their roots in the legal fiction that a husband and wife were one person ...
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Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. '' Stare decisis'', the principle that cases should be decided according to consistent principled rules so ...
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California Evidence Code
The California Evidence Code (abbreviated to Evid. Code in the California Style Manual) is a California code that was enacted by the California State Legislature on May 18, 1965 to codify the formerly mostly common-law law of evidence. Section 351 of the Code effectively abolished any remnants of the law of evidence not explicitly included in it. However, except for division 8, the Evidence Code only applies to judicial proceedings in the California state courts, and do not apply to any legislative, administrative or arbitral proceedings. See also * California Codes * Federal Rules of Evidence * Law of California The law of California consists of several levels, including Constitutional law, constitutional, Statutory law, statutory, and regulatory law, as well as case law. The California Codes form the general statutory law, and most state agency regulati ... References External links California Evidence Code Evidence Code Evidence Code United States evidence law {{ ...
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Civil Evidence Act 1968
Civil may refer to: *Civic virtue, or civility *Civil action, or lawsuit * Civil affairs *Civil and political rights *Civil disobedience *Civil engineering *Civil (journalism), a platform for independent journalism *Civilian, someone not a member of armed forces *Civil law (other), multiple meanings *Civil liberties *Civil religion *Civil service *Civil society *Civil war *Civil (surname) Civil is a surname. Notable people with the surname include: *Alan Civil (1929–1989), British horn player *François Civil (born 1989), French actor * Gabrielle Civil, American performance artist *Karen Civil (born 1984), American social media an ...
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Melbourne University Law Review
The ''Melbourne University Law Review'' is a triannual law journal published by a student group at Melbourne Law School covering all areas of law. It is one of two student-run law journals at the University of Melbourne, the other being the '' Melbourne Journal of International Law''. Students who have completed at least one semester of law are eligible to apply for membership of the editorial board. Applicants are assessed on the basis of their performance in a practical exercise, academic aptitude, proofreading skills, editing skills and enthusiasm. The 2022 editors-in-chief are Daniel Beratis, Danielle Feng and Deylan Kilic-Aidani. Occasionally, the journal produces a symposium issue devoted to a particular aspect of law. Past symposium issues have focused on the centenary of the federation of Australia, contemporary human rights in Australia, and tort law. The Review's alumni include two High Court Justices, three Solicitors-General, five Federal Court judges and at least six ...
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Wilfred Greene, 1st Baron Greene
Wilfrid Arthur Greene, 1st Baron Greene,First name spelt Wilfred in some sources (30 December 1883 – 16 April 1952) was a British lawyer and judge, noted for creating two crucial principles of administrative law, the Wednesbury doctrine and the Carltona doctrine. Early life, education and military service Greene was born in Beckenham, Kent, son of Arthur Werguelin Greene, a solicitor, and his wife Katherine Agnes Fooke. He was educated at Westminster School; he was one of the first Roman Catholic pupils to be admitted to the School. He graduated from Christ Church, Oxford in 1906 with a BA; he had the reputation of being "a formidable scholar". He was admitted to Inner Temple in 1908 entitled to practice as a Barrister-at-Law. He graduated from Christ Church, Oxford in 1912 with an Oxbridge MA. He gained the rank of captain in the service of the 2/1st Battalion, Oxfordshire and Buckinghamshire Light Infantry. He fought in the First World War between 1914 and 1918. He was ...
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Matrimonial Causes Act 1965
Marriage, also called matrimony or wedlock, is a culturally and often legally recognized union between people called spouses. It establishes rights and obligations between them, as well as between them and their children, and between them and their in-laws. It is considered a cultural universal, but the definition of marriage varies between cultures and religions, and over time. Typically, it is an institution in which interpersonal relationships, usually sexual, are acknowledged or sanctioned. In some cultures, marriage is recommended or considered to be compulsory before pursuing any sexual activity. A marriage ceremony is called a wedding. Individuals may marry for several reasons, including legal, social, libidinal, emotional, financial, spiritual, and religious purposes. Whom they marry may be influenced by gender, socially determined rules of incest, prescriptive marriage rules, parental choice, and individual desire. In some areas of the world, arranged mar ...
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Crown Prosecution Service
The Crown Prosecution Service (CPS) is the principal public agency for conducting criminal prosecutions in England and Wales. It is headed by the Director of Public Prosecutions. The main responsibilities of the CPS are to provide legal advice to the police and other investigative agencies during the course of criminal investigations, to decide whether a suspect should face criminal charges following an investigation, and to conduct prosecutions both in the magistrates' courts and the Crown Court. The Attorney General for England and Wales superintends the CPS's work and answers for it in Parliament, although the Attorney General has no influence over the conduct of prosecutions, except when national security is an issue or for a small number of offences that require the Attorney General's permission to prosecute. History Historically prosecutions were conducted through a patchwork of different systems. For serious crimes tried at the county level, justices of the peace or ...
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Youth Justice And Criminal Evidence Act 1999
Youth is the time of life when one is young. The word, youth, can also mean the time between childhood and adulthood ( maturity), but it can also refer to one's peak, in terms of health or the period of life known as being a young adult. Youth is also defined as "the appearance, freshness, vigor, spirit, etc., characteristic of one, who is young". Its definitions of a specific age range varies, as youth is not defined chronologically as a stage that can be tied to specific age ranges; nor can its end point be linked to specific activities, such as taking unpaid work, or having sexual relations. Youth is an experience that may shape an individual's level of dependency, which can be marked in various ways according to different cultural perspectives. Personal experience is marked by an individual's cultural norms or traditions, while a youth's level of dependency means the extent to which they still rely on their family emotionally and economically. Terminology and definit ...
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Police And Criminal Evidence Act 1984
The Police and Criminal Evidence Act 1984 (PACE) (1984 c. 60) is an Act of Parliament which instituted a legislative framework for the powers of police officers in England and Wales to combat crime, and provided codes of practice for the exercise of those powers. Part VI of PACE required the Home Secretary to issue Codes of Practice governing police powers. The aim of PACE is to establish a balance between the powers of the police in England and Wales and the rights and freedoms of the public. Equivalent provision is made for Northern Ireland by the Police and Criminal Evidence (Northern Ireland) Order 1989 (SI 1989/1341). The equivalent in Scots Law is the Criminal Procedure (Scotland) Act 1995. PACE has been modified by the Policing and Crime Act 2017, "which mean that there is now a presumption that suspects who are released without charge from police detention will not be released on bail," a formality which was written in PACE 1984 Section 30A. Synopsis Although PACE is a f ...
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Court Of Criminal Appeal (England And Wales)
The Court of Criminal Appeal was an English appellate court for criminal cases established by the Criminal Appeal Act 1907. It superseded the Court for Crown Cases Reserved to which referral had been solely discretionary and which could only consider points of law. Throughout the nineteenth century, there had been opposition from lawyers, judges and the Home Office against such an appeal court with collateral right of appeal. However, disquiet over the convictions of Adolf Beck and George Edalji led to the concession of a new court that could hear matters of law, fact or mixed law and fact. Though the court was staffed with the judges who had shown such hostility (consisting of the Lord Chief Justice and eight judges of the Queen's Bench Division of the High Court), it had a restraining effect on the excesses of prosecutors. During the period 1909–1912, there was an average of 450 annual applications for leave to appeal of which an average of 170 were granted. Of that 170, co ...
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Judicial Committee Of The House Of Lords
Whilst the House of Lords of the United Kingdom is the upper chamber of Parliament and has government ministers, it for many centuries had a judicial function. It functioned as a court of first instance for the trials of peers, for impeachments, and as a court of last resort in the United Kingdom and prior, the Kingdom of Great Britain and the Kingdom of England. Appeals were technically not to the House of Lords, but rather to the King-in-Parliament. In 1876, the Appellate Jurisdiction Act devolved the appellate functions of the House to an Appellate Committee, composed of Lords of Appeal in Ordinary (informally referred to as Law Lords). They were then appointed by the Lord Chancellor in the same manner as other judges. During the 20th and early 21st century, the judicial functions were gradually removed. Its final trial of a peer was in 1935, and in 1948, the use of special courts for such trials was abolished. The procedure of impeachment became seen as obsolete. In 2009, t ...
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Criminal Evidence Act 1898
In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in Cane and Conoghan (editors), ''The New Oxford Companion to Law'', Oxford University Press, 2008 (), p. 263Google Books). though statutory definitions have been provided for certain purposes. The most popular view is that crime is a category created by law; in other words, something is a crime if declared as such by the relevant and applicable law. One proposed definition is that a crime or offence (or criminal offence) is an act harmful not only to some individual but also to a community, society, or the state ("a public wrong"). Such acts are forbidden and punishable by law. The notion that acts such as murder, rape, and theft are to be prohibited exists worldwide. What precisely is a criminal offence is defined by the criminal law of eac ...
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