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Waterfield Test
''R v Waterfield'' 9633 All E.R. 659 is an English Court of Appeal decision, a court of binding precedent, outlining the modern limits of the law that authorises a police officer to stop (and then conceivably detain) a person. This case produced what is known as the Waterfield test (incorporating the common law "ancillary power doctrine") for the limit of police authority to interfere with a person's liberty or property. Facts The police were investigating a reported incident of dangerous driving, where a car had rammed into a wall. It turned out that the car was owned by Eli Waterfield and driven by his friend, Geoffrey Lynn, but police were unable to make any arrests without further evidence. One evening, while Lynn sat in the car at the local market, two police officers approached him to ask to search it. Lynn said he would leave. One of the officers said he would stop him if he tried. Waterfield arrived, told the police that they had no right to seize his car and told Lyn ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Metropolitan Police Act 1839
The Metropolitan Police Act 1839 (2 & 3 Vict c 47) is an Act of the Parliament of the United Kingdom. The Act enlarged the district of, and gave greatly increased powers to the Metropolitan Police established by the Metropolitan Police Act 1829. It is one of the Metropolitan Police Acts 1829 to 1895.The Short Titles Act 1896, section 2(1) and Schedule 2 Section 2 of the Act allowed for the enlargement of the Metropolitan Police District to include places in a radius of 24 km from Charing Cross. Section 5 gave constables of the Metropolitan Police all "powers and privileges of constabulary" in the counties of Berkshire and Buckinghamshire and on the River Thames within or adjoining Middlesex, Surrey, Berkshire, Essex, Kent and the City of London (the MPA 1829 had already given them constabulary powers within Middlesex, Surrey, Essex and Kent). The Act gave the police force powers over shipping arriving in the Port of London and using the Thames. Among these powers were: * Po ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Road Traffic Act 1960
A road is a linear way for the conveyance of traffic that mostly has an improved surface for use by vehicles (motorized and non-motorized) and pedestrians. Unlike streets, the main function of roads is transportation. There are many types of roads, including parkways, avenues, controlled-access highways (freeways, motorways, and expressways), tollways, interstates, highways, thoroughfares, and local roads. The primary features of roads include lanes, sidewalks (pavement), roadways (carriageways), medians, shoulders, verges, bike paths (cycle paths), and shared-use paths. Definitions Historically many roads were simply recognizable routes without any formal construction or some maintenance. The Organization for Economic Co-operation and Development (OECD) defines a road as "a line of communication (travelled way) using a stabilized base other than rails or air strips open to public traffic, primarily for the use of road motor vehicles running on their own wheels", which i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Case Citation
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 reporte ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
England
England is a country that is part of the United Kingdom. It shares land borders with Wales to its west and Scotland to its north. The Irish Sea lies northwest and the Celtic Sea to the southwest. It is separated from continental Europe by the North Sea to the east and the English Channel to the south. The country covers five-eighths of the island of Great Britain, which lies in the North Atlantic, and includes over 100 smaller islands, such as the Isles of Scilly and the Isle of Wight. The area now called England was first inhabited by modern humans during the Upper Paleolithic period, but takes its name from the Angles, a Germanic tribe deriving its name from the Anglia peninsula, who settled during the 5th and 6th centuries. England became a unified state in the 10th century and has had a significant cultural and legal impact on the wider world since the Age of Discovery, which began during the 15th century. The English language, the Anglican Church, and Engli ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Appeal Of England And Wales
The Court of Appeal (formally "His Majesty's Court of Appeal in England", commonly cited as "CA", "EWCA" or "CoA") is the highest court within the Courts of England and Wales#Senior Courts of England and Wales, Senior Courts of England and Wales, and second in the legal system of England and Wales only to the Supreme Court of the United Kingdom. The Court of Appeal was created in 1875, and today comprises 39 Lord Justices of Appeal and Lady Justices of Appeal. The court has two divisions, Criminal and Civil, led by the Lord Chief Justice of England and Wales, Lord Chief Justice and the Master of the Rolls, Master of the Rolls and Records of the Chancery of England respectively. Criminal appeals are heard in the Criminal Division, and civil appeals in the Civil Division. The Criminal Division hears appeals from the Crown Court, while the Civil Division hears appeals from the County Court (England and Wales), County Court, High Court of Justice and Family Court (England and Wales ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Precedent
A precedent is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts. Common-law legal systems place great value on deciding cases according to consistent principled rules, so that similar facts will yield similar and predictable outcomes, and observance of precedent is the mechanism by which that goal is attained. The principle by which judges are bound to precedents is known as ''stare decisis'' (a Latin phrase with the literal meaning of "to stand in the-things-that-have-been-decided"). Common-law precedent is a third kind of law, on equal footing with statutory law (that is, statutes and codes enacted by legislative bodies) and subordinate legislation (that is, regulations promulgated by executive branch agencies, in the form of delegated legislation) in UK parlance – or regulatory law (in US parlance). Case law, in common-law jurisdictions, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Police Constable
A constable is a person holding a particular office, most commonly in criminal law enforcement. The office of constable can vary significantly in different jurisdictions. A constable is commonly the rank of an officer within the police. Other people may be granted powers of a constable without holding this title. Etymology Historically, the title comes from the Latin ''comes stabuli'' ( attendant to the stables, literally ''count of the stable'') and originated from the Roman Empire; originally, the constable was the officer responsible for keeping the horses of a lord or monarch.p103, Bruce, Alistair, ''Keepers of the Kingdom'' (Cassell, 2002), Constable Encyclopædia Britannica online The title was imported to the |
In Flagrante Delicto
''In flagrante delicto'' (Latin for "in blazing offence") or sometimes simply ''in flagrante'' ("in blazing") is a legal term used to indicate that a criminal has been caught in the act of committing an offence (compare ). The colloquial "caught red-handed" and "caught rapid" are English equivalents. Aside from the legal meaning, the Latin term is often used colloquially as a euphemism for someone being caught in the midst of sexual activity. Etymology The phrase combines the present active participle '' flagrāns'' (flaming or blazing) with the noun '' dēlictum'' (offence, misdeed, or crime). In this term the Latin preposition ''in'', not indicating motion, takes the ablative. The closest literal translation would be "in blazing offence", where " blazing" is a metaphor for vigorous, highly visible action. Worldwide Latin America In many Latin American countries, being caught ''in flagrante'' ( es, link=no, en flagrancia) is a common legal requirement for both detent ... [...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] |
Criminal Law
Criminal law is the body of law that relates to crime. It prescribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people inclusive of one's self. Most criminal law is established by statute, which is to say that the laws are enacted by a legislature. Criminal law includes the punishment and rehabilitation of people who violate such laws. Criminal law varies according to jurisdiction, and differs from civil law, where emphasis is more on dispute resolution and victim compensation, rather than on punishment or rehabilitation. Criminal procedure is a formalized official activity that authenticates the fact of commission of a crime and authorizes punitive or rehabilitative treatment of the offender. History The first civilizations generally did not distinguish between civil law and criminal law. The first written codes of law were designed by the Sumerians. Around 2100–2050 BC Ur-Nammu, the N ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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