Principle Of Opportunity
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Principle Of Opportunity
In common law, the principle of prosecutorial discretion allows public prosecutors a wide lattitude to decide whether or not to charge a person for a crime, and which charges to file. A similar principle in continental law countries is called the principle of opportunity. The principle of opportunity is encoded in law in The Netherlands, Germany, Swedish law, Sweden, Slovenian law, Slovenia and French law, France. Some similar provisions exist in Belgian law and in Estonian law. By contrast, in the countries that do not recognise the principle of opportunity, compulsory prosecution applies, and the cancellation of the prosecution of a known felony can itself be considered a felony. By country United States In the United States federal system, the prosecutor has wide latitude in determining when, who, how, and even whether to prosecute for apparent violations of federal criminal law. The prosecutor's broad discretion in such areas as initiating or forgoing prosecutions, selecti ...
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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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Fourteenth Amendment To The United States Constitution
The Fourteenth Amendment (Amendment XIV) to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments. Often considered as one of the most consequential amendments, it addresses citizenship rights and equal protection under the law and was proposed in response to issues related to former slaves following the American Civil War. The amendment was bitterly contested, particularly by the states of the defeated Confederacy, which were forced to ratify it in order to regain representation in Congress. The amendment, particularly its first section, is one of the most litigated parts of the Constitution, forming the basis for landmark Supreme Court decisions such as ''Brown v. Board of Education'' (1954) regarding racial segregation, ''Roe v. Wade'' (1973) regarding abortion ( overturned in 2022), ''Bush v. Gore'' (2000) regarding the 2000 presidential election, and ''Obergefell v. Hodges'' (2015) regarding same-sex marriage. The amendment ...
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The Straits Times
''The Straits Times'' is an English-language daily broadsheet newspaper based in Singapore and currently owned by SPH Media Trust (previously Singapore Press Holdings). ''The Sunday Times'' is its Sunday edition. The newspaper was established on 15 July 1845 as ''The Straits Times and Singapore Journal of Commerce''. ''The Straits Times'' is considered a newspaper of record for Singapore. The print and digital editions of ''The Straits Times'' and ''The Sunday Times'' have a daily average circulation of 364,134 and 364,849 respectively in 2017, as audited by Audit Bureau of Circulations Singapore. Myanmar and Brunei editions are published, with newsprint circulations of 5,000 and 2,500 respectively. History The original conception for ''The Straits Times'' has been debated by historians of Singapore. Prior to 1845, the only English-language newspaper in Singapore was ''The'' ''Singapore Free Press'', founded by William Napier in 1835. Marterus Thaddeus Apcar, an Armenian mer ...
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Attorney-General Of Singapore
The attorney-general of Singapore is the public prosecutor of Singapore, and legal adviser to the Government of Singapore. The functions of the attorney-general are carried out with the assistance of the deputy attorney-general and the solicitor-general, through the Attorney-General's Chambers (AGC). The attorney-general is appointed by the president in concurrence with the prime minister's advice, under Article 35 of the Constitution of Singapore. Unlike some countries that follow the Westminster parliamentary model, the attorney-general is not a Member of Parliament (MP). The office of Attorney-General was established in 1867, when the British Crown appointed the attorney-general of the Straits Settlements, based in Singapore, to serve as legal adviser to the new Crown colony's government. Functions The attorney-general has two distinct roles, as the Government's legal adviser and as the Public Prosecutor, assisted by legal officers in the AGC's four divisions. Governmen ...
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Constitution Of Singapore
The Constitution of the Republic of Singapore is the supreme law of Singapore. A written constitution, the text which took effect on 9 August 1965 is derived from the Constitution of the State of Singapore 1963, provisions of the Federal Constitution of Malaysia made applicable to Singapore by the , and the Republic of Singapore Independence Act itself. The text of the Constitution is one of the legally binding sources of constitutional law in Singapore, the others being judicial interpretations of the Constitution, and certain other statutes. Non-binding sources are influences on constitutional law such as soft law, constitutional conventions, and public international law. In the exercise of its original jurisdiction – that is, its power to hear cases for the first time – the High Court carries out two types of judicial review: judicial review of legislation, and judicial review of administrative acts. Although in a 1980 case the Privy Council held that the fundamenta ...
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Constitution Of The Republic Of Singapore
The Constitution of the Republic of Singapore is the supreme law of Singapore. A constitution#Written versus unwritten; codified versus uncodified, written constitution, the text which took effect on 9 August 1965 is derived from the Constitution of the State of Singapore 1963, provisions of the Constitution of Malaysia, Federal Constitution of Malaysia made applicable to Singapore by the , and the Republic of Singapore Independence Act itself. The text of the Constitution is one of the legally binding sources of constitutional law in Singapore, the others being sources of Singapore law#Judicial precedents, judicial interpretations of the Constitution, and certain other statutes. Non-binding sources are influences on constitutional law such as soft law, constitutional convention (political custom), constitutional conventions, and public international law. In the exercise of its original jurisdiction – that is, its power to hear cases for the first time – the High Court of S ...
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German Law
The law of Germany (german: das Recht Deutschlands), that being the modern German legal system (german: Deutsches Rechtssystem), is a system of civil law which is founded on the principles laid out by the Basic Law for the Federal Republic of Germany, though many of the most important laws, for example most regulations of the civil code ('' Bürgerliches Gesetzbuch'', or BGB) were developed prior to the 1949 constitution. It is composed of public law (''öffentliches Recht''), which regulates the relations between a citizen/person and the state (including criminal law) or two bodies of the state, and the private law, (''Privatrecht'') which regulates the relations between two people or companies. It has been subject to a wide array of influences from Roman law, such as the Corpus Juris Civilis, to Napoleonic law, such as the Napoleonic Code. History German law has been subject to many influences over the centuries. Until Medieval times the Early Germanic Law, derived fr ...
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Administrative Law
Administrative law is the division of law that governs the activities of government agency, executive branch agencies of Forms of government, government. Administrative law concerns executive branch rule making (executive branch rules are generally referred to as "regulations"), adjudication, or the enforcement of laws. Administrative law is considered a branch of public law. Administrative law deals with the decision-making of such administrative units of government that are part of the executive branch in such areas as international trade, manufacturing, the Environment (biophysical), environment, taxation, broadcasting, immigration, and transport. Administrative law expanded greatly during the 20th century, twentieth century, as legislative bodies worldwide created more government agencies to regulate the social, economic and political spheres of human interaction. Civil law countries often have specialized administrative courts that review these decisions. In civil law ...
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Ne Bis In Idem
(sometimes rendered or ) which translates literally from Latin as 'not twice in the same hing, is a legal doctrine to the effect that no legal action can be instituted twice for the same cause of action. It is a legal concept originating in Roman civil law, but it is essentially the equivalent of the double jeopardy doctrine found in common law jurisdictions, and similar peremptory plea (, 'previously acquitted/convicted') in some modern civil law countries. The International Covenant on Civil and Political Rights guarantees the right to be free from double jeopardy; however, it does not apply to prosecutions by two different sovereigns (unless the relevant extradition treaty or other agreement between the countries expresses a prohibition). The Rome Statute of the International Criminal Court employs a modified form of . Rome Statute and UN tribunals The Rome Statute establishing the International Criminal Court (ICC) states that the principle has a peculiar meaning, ...
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Belgium
Belgium, ; french: Belgique ; german: Belgien officially the Kingdom of Belgium, is a country in Northwestern Europe. The country is bordered by the Netherlands to the north, Germany to the east, Luxembourg to the southeast, France to the southwest, and the North Sea to the northwest. It covers an area of and has a population of more than 11.5 million, making it the 22nd most densely populated country in the world and the 6th most densely populated country in Europe, with a density of . Belgium is part of an area known as the Low Countries, historically a somewhat larger region than the Benelux group of states, as it also included parts of northern France. The capital and largest city is Brussels; other major cities are Antwerp, Ghent, Charleroi, Liège, Bruges, Namur, and Leuven. Belgium is a sovereign state and a federal constitutional monarchy with a parliamentary system. Its institutional organization is complex and is structured on both regional ...
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Dutch Language
Dutch ( ) is a West Germanic language spoken by about 25 million people as a first language and 5 million as a second language. It is the third most widely spoken Germanic language, after its close relatives German and English. ''Afrikaans'' is a separate but somewhat mutually intelligible daughter languageAfrikaans is a daughter language of Dutch; see , , , , , . Afrikaans was historically called Cape Dutch; see , , , , , . Afrikaans is rooted in 17th-century dialects of Dutch; see , , , . Afrikaans is variously described as a creole, a partially creolised language, or a deviant variety of Dutch; see . spoken, to some degree, by at least 16 million people, mainly in South Africa and Namibia, evolving from the Cape Dutch dialects of Southern Africa. The dialects used in Belgium (including Flemish) and in Suriname, meanwhile, are all guided by the Dutch Language Union. In Europe, most of the population of the Netherlands (where it is the only official language spoken country ...
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