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Wrongful Detention
False imprisonment or unlawful imprisonment occurs when a person intentionally restricts another person’s movement within any area without legal authority, justification, or the restrained person's permission. Actual physical restraint is not necessary for false imprisonment to occur. A false imprisonment claim may be made based upon private acts, or upon wrongful governmental detention. For detention by the police, proof of false imprisonment provides a basis to obtain a writ of habeas corpus. Under common law, false imprisonment is both a crime and a tort. Imprisonment Within the context of false imprisonment, an imprisonment occurs when a person is restrained from moving from a location or bounded area, as a result of a wrongful intentional act, such as the use of force, threat, coercion, or abuse of authority. Detention that is not false imprisonment Not all acts of involuntary detention amount to false imprisonment. An accidental detention will not support a claim ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Right
Rights are law, legal, social, or ethics, ethical principles of Liberty, freedom or entitlement; that is, rights are the fundamental normative rules about what is allowed of people or owed to people according to some legal system, social convention, or ethical theory. Rights are of essential importance in such disciplines as law and ethics, especially theories of justice and deontology. Rights are fundamental to any civilization and the history of social conflicts is often bound up with attempts both to define and to redefine them. According to the ''Stanford Encyclopedia of Philosophy'', "rights structure the form of governments, the content of laws, and the shape of morality as it is currently perceived". Definitional issues One way to get an idea of the multiple understandings and senses of the term is to consider different ways it is used. Many diverse things are claimed as rights: There are likewise diverse possible ways to categorize rights, such as: There has been co ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
R V Governor Of Brockhill Prison, Ex P Evans
''R v Governor of Brockhill Prison, ex parte Evans (No 2)'' is an English case decided by the House of Lords on appeal from the Court of Appeal. It has been called "important". It involved the unlawful detention of a prisoner. The governor had sentenced the prisoner on the basis of an interpretation of a statute which had originally been supported by the courts, but which had subsequently been held to be wrong. It was clear that the governor was blameless, but the sentence raised questions as to whether the new interpretation of the statute should apply prospectively only. The majority of the Law Lords held that, on the facts of this case, it was not appropriate for the interpretation to apply prospectively only, but all of them also accepted that the development of a rule might, in appropriate circumstances, apply prospectively. Lord Slynn of Hadley reasoned that "there may be decisions in which it would be desirable, and in no way unjust, that the effect of judicial rulings shou ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Nominal Damages
At common law, damages are a remedy in the form of a monetary award to be paid to a claimant as compensation for loss or injury. To warrant the award, the claimant must show that a breach of duty has caused foreseeable loss. To be recognised at law, the loss must involve damage to property, or mental or physical injury; pure economic loss is rarely recognised for the award of damages. Compensatory damages are further categorized into special damages, which are economic losses such as loss of earnings, property damage and medical expenses, and general damages, which are non-economic damages such as pain and suffering and emotional distress. Rather than being compensatory, at common law damages may instead be nominal, contemptuous or exemplary. History Among the Saxons, a monetary value called a ''weregild'' was assigned to every human being and every piece of property in the Salic Code. If property was stolen or someone was injured or killed, the guilty person had to pay the wer ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
House Of Lords
The House of Lords, also known as the House of Peers, is the Bicameralism, upper house of the Parliament of the United Kingdom. Membership is by Life peer, appointment, Hereditary peer, heredity or Lords Spiritual, official function. Like the House of Commons of the United Kingdom, House of Commons, it meets in the Palace of Westminster in London, England. The House of Lords scrutinises Bill (law), bills that have been approved by the House of Commons. It regularly reviews and amends bills from the Commons. While it is unable to prevent bills passing into law, except in certain limited circumstances, it can delay bills and force the Commons to reconsider their decisions. In this capacity, the House of Lords acts as a check on the more powerful House of Commons that is independent of the electoral process. While members of the Lords may also take on roles as government ministers, high-ranking officials such as cabinet ministers are usually drawn from the Commons. The House of Lo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
European Convention Of Human Rights
The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe,The Council of Europe should not be confused with the Council of the European Union or the European Council. the convention entered into force on 3 September 1953. All Council of Europe member states are party to the Convention and new members are expected to ratify the convention at the earliest opportunity. The Convention established the European Court of Human Rights (generally referred to by the initials ECHR). Any person who feels their rights have been violated under the Convention by a state party can take a case to the Court. Judgments finding violations are binding on the States concerned and they are obliged to execute them. The Committee of Ministers of the Council of Europe monitors the e ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Metropolitan Police
The Metropolitan Police Service (MPS), formerly and still commonly known as the Metropolitan Police (and informally as the Met Police, the Met, Scotland Yard, or the Yard), is the territorial police force responsible for law enforcement and the prevention of crime in Greater London. In addition, the Metropolitan Police is also responsible for some specialised matters throughout the United Kingdom; these responsibilities include co-ordinating and leading national counter-terrorism measures and the personal safety of specific individuals, such as the Monarch and other members of the Royal Family, members of the Government, and other officials (such as the Leader of the Opposition). The main geographical area of responsibilities of the Metropolitan Police District consists of the 32 London boroughs, but does not include the City of London proper — that is, the central financial district also known as the "Square Mile" — which is policed by a separate force, the City of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Oxford Circus
Oxford Circus is a road junction connecting Oxford Street and Regent Street in the West End of London. It is also the entrance to Oxford Circus tube station. The junction opened in 1819 as part of the Regent Street development under John Nash, and was originally known as Regent Circus North. After the original lease expired, it was redesigned around a series of four quadrant buildings by Henry Tanner between 1913 and 1928, the north-eastern of which has been used by Peter Robinson, Topshop, the BBC and the London Co-operative Society; these are now Grade II listed buildings. Oxford Circus remains a busy junction for traffic, and a £5 million upgrade for pedestrians opened in 2009. It has also attracted attention as a place for demonstrations and protests, including several by Extinction Rebellion. History 19th century The junction was designed as part of John Nash's work on Regent Street. Circuses had become popular in English architecture after George Dance the Youn ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Kettling
Kettling (also known as containment or corralling) is a police tactic for controlling large crowds during demonstrations or protests. It involves the formation of large cordons of police officers who then move to contain a crowd within a limited area. Protesters either leave through an exit controlled by the police, leave through an uncontrolled gap in the cordons, or are contained, prevented from leaving, and arrested. The tactic has proved controversial, in part because it has resulted in the detention of ordinary bystanders as well as protesters. In March 2012 kettling was ruled lawful by the European Court of Human Rights following a legal challenge. Tactics The term "kettle" is a metaphor, likening the containment of protesters to the containment of heat and steam within a domestic kettle. Its modern English usage may come from " kessel"literally a cauldron, or kettle in Germanthat describes an encircled army about to be annihilated by a superior force. A cauldron is e ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
International Workers' Day
International Workers' Day, also known as Labour Day in some countries and often referred to as May Day, is a celebration of labourers and the working classes that is promoted by the international labour movement and occurs every year on 1 May, or the first Monday in May. Traditionally, 1 May is the date of the European spring festival of May Day. In 1889, the Marxist International Socialist Congress met in Paris and established the Second International as a successor to the earlier International Workingmen's Association. They adopted a resolution for a "great international demonstration" in support of working-class demands for the eight-hour day. The 1 May date was chosen by the American Federation of Labor to commemorate a general strike in the United States, which had begun on 1 May 1886 and culminated in the Haymarket affair four days later. The demonstration subsequently became a yearly event. The 1904 Sixth Conference of the Second International, called on "all Social Dem ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Negligence
Negligence (Lat. ''negligentia'') is a failure to exercise appropriate and/or ethical ruled care expected to be exercised amongst specified circumstances. The area of tort law known as ''negligence'' involves harm caused by failing to act as a form of ''carelessness'' possibly with extenuating circumstances. The core concept of negligence is that people should exercise reasonable care in their actions, by taking account of the potential harm that they might foreseeably cause to other people or property. Someone who suffers loss caused by another's negligence may be able to sue for damages to compensate for their harm. Such loss may include physical injury, harm to property, psychiatric illness, or economic loss. The law on negligence may be assessed in general terms according to a five-part model which includes the assessment of duty, breach, actual cause, proximate cause, and damages. Elements of negligence claims Some things must be established by anyone who wants to sue in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...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] |
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