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Young V Bristol Aeroplane Co Ltd
''Young v. Bristol Aeroplane Co Ltd'' ( 944KB 718 CA) was an English court case that established that the Court of Appeal is bound to follow its own decisions and those of courts of co-ordinate jurisdiction, except in the following cases: #the court is entitled and bound to decide which of two previous conflicting decisions of its own it will follow; #the court is bound to refuse to follow a decision of its own which cannot stand with a decision of the House of Lords; #the court is not bound to follow a decision of its own if the decision was given '' per incuriam'', e.g., where a statute or a rule having statutory effect which would have affected the decision was not brought to the attention of the earlier court. There are a few other possible exceptions that may be worth considering. These are: #Decisions on interlocutory appeals, for example, decisions taken by a Court of Appeal of only two judges. #Where the decision from the House of Lords was made on an unwarranted as ... [...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] |
Judicial Functions Of The House Of Lords Or The Supreme Court
The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law in legal cases. Definition The judiciary is the system of courts that interprets, defends, and applies the law in the name of the state. The judiciary can also be thought of as the mechanism for the resolution of disputes. Under the doctrine of the separation of powers, the judiciary generally does not make statutory law (which is the responsibility of the legislature) or enforce law (which is the responsibility of the executive), but rather interprets, defends, and applies the law to the facts of each case. However, in some countries the judiciary does make common law. In many jurisdictions the judicial branch has the power to change laws through the process of judicial review. Courts with judicial review power may annul the laws and r ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Per Incuriam
''Per incuriam'', literally translated as "through lack of care" is a device within the common law system of judicial precedent. A finding of ''per incuriam'' means that a previous court judgment has failed to pay attention to relevant statutory provision or precedents. The significance of a judgment having been decided ''per incuriam'' is that it need not be followed by a lower court. Ordinarily, the '' rationes'' of a judgment is binding upon lower courts in similar cases. However, a lower court is free to depart from a decision of a superior court where that earlier judgment was decided ''per incuriam''. Examples of ''per incuriam'' Examples of ''per incuriam'' are uncommon, partly because the device is perceived by upper courts as a type of '' lèse-majesté'', and respectful lower courts prefer to distinguish such precedent cases if possible. The Court of Appeal in ''Morelle Ltd v Wakeling'' 9552 QB 379 stated that as a general rule the only cases in which decisions ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Interlocutory
Interlocutory is a legal term which can refer to an order, sentence, decree, or judgment, given in an intermediate stage between the commencement and conclusion of a cause of action, used to provide a temporary or provisional decision on an issue. Thus, an interlocutory order is not final and is not subject to immediate appeal. In many U.S. legal systems, interlocutory orders are not appealable, save for in a few extraordinary cases. Interlocutory orders are orders that are issued by a court while a case is still ongoing, before the final resolution of the case. When the case is concluded, any aspect of an interlocutory order that has not become moot may be challenged in an appeal from the final judgment. However, in other legal systems, such as in England and Wales, in Hong Kong, and in Canada, interlocutory orders in civil matters can be appealed by leave of the appellate court. In criminal matters in Canada, the general rule is that there are no interlocutory appeals, exce ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Human Rights Act 1998
The Human Rights Act 1998 (c. 42) is an Act of Parliament of the United Kingdom which received royal assent on 9 November 1998, and came into force on 2 October 2000. Its aim was to incorporate into UK law the rights contained in the European Convention on Human Rights. The Act makes a remedy for breach of a Convention right available in UK courts, without the need to go to the European Court of Human Rights (ECHR) in Strasbourg. In particular, the Act makes it unlawful for any public body to act in a way which is incompatible with the convention, unless the wording of any other primary legislation provides no other choice. It also requires the judiciary (including tribunals) to take account of any decisions, judgment or opinion of the European Court of Human Rights, and to interpret legislation, as far as possible, in a way which is compatible with Convention rights. However, if it is not possible to interpret an Act of Parliament so as to make it compatible with the convention, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Homicide Act 1957
The Homicide Act 1957 (5 & 6 Eliz.2 c.11) is an Act of the Parliament of the United Kingdom. It was enacted as a partial reform of the common law offence of murder in English law by abolishing the doctrine of constructive malice (except in limited circumstances), reforming the partial defence of provocation, and by introducing the partial defences of diminished responsibility and suicide pact. It restricted the use of the death penalty for murder. Similar provisions to Part I of this Act was enacted for Northern Ireland by Part II of the Criminal Justice Act (Northern Ireland) 1966. History The Act was introduced following the Royal Commission on Capital Punishment 1949–53, and embodied some of its recommendations but differed from the main recommendation which was that "it is impracticable to find a satisfactory method of limiting the scope of capital punishment by dividing murder into degrees". During and after the royal commission there had been several controversial ca ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1944 In England
Events from 1944 in England Incumbent Events January February March April May June * 13 June – World War II: the first V-1 flying bomb attack on London takes place. Eight civilians are killed in the blast. The bomb earns the nickname "doodlebug". July August September October November 22nd Laurence Olivier's film of Shakespeare's Henry V is released. December Births * 14 December – Denis Thwaites, English professional footballer murdered in the 2015 Sousse attacks (died 2015 in Tunisia) Deaths See also *1944 in Northern Ireland *1944 in Scotland Events from the year 1944 in Scotland. Incumbents * Secretary of State for Scotland and Keeper of the Great Seal – Tom Johnston Law officers * Lord Advocate – James Reid * Solicitor General for Scotland – Sir David King Murray ... * 1944 in Wales References {{England year nav , state=collapsed *England Years of the 20th century in England 1940s in England ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Appeal (England And Wales) Cases
A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of the world, court systems are divided into at least three levels: the trial court, which initially hears cases and reviews evidence and testimony to determine the facts of the case; at least one intermediate appellate court; and a supreme court (or court of last resort) which primarily reviews the decisions of the intermediate courts, often on a discretionary basis. A particular court system's supreme court is its highest appellate court. Appellate courts nationwide can operate under varying rules. Under its standard of review, an appellate court decides the extent of the deference it would give to the lower court's decision, based on whether the appeal were one of fact or of law. In reviewing an issue of fact, an appellate court ordinar ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1944 In Case Law
Events Below, the events of World War II have the "WWII" prefix. January * January 2 – WWII: ** Free France, Free French General Jean de Lattre de Tassigny is appointed to command First Army (France), French Army B, part of the Sixth United States Army Group in North Africa. ** Landing at Saidor: 13,000 US and Australian troops land on Papua New Guinea, in an attempt to cut off a Japanese retreat. * January 8 – WWII: Philippine Commonwealth troops enter the province of Ilocos Sur in northern Luzon and attack Japanese forces. * January 11 ** President of the United States Franklin D. Roosevelt proposes a Second Bill of Rights for social and economic security, in his State of the Union address. ** The Nazi German administration expands Kraków-Płaszów concentration camp into the larger standalone ''Konzentrationslager Plaszow bei Krakau'' in occupied Poland. * January 12 – WWII: Winston Churchill and Charles de Gaulle begin a 2-day conference in Marrakech ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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