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Parliamentary Papers Act 1840
The Parliamentary Papers Act 1840 ( 3 & 4 Vict. c. 9) is an Act of the Parliament of the United Kingdom. The Act was passed in response to the case of '' Stockdale v Hansard'' where it was held that the House of Commons enjoyed no privilege as to publications under its authority circulated beyond Members of Parliament. Provisions The Act provides that: * Publications under the House's authority enjoy absolute privilege against civil or criminal proceedings (s.1); * Correct copies of such publications also enjoy absolute privilege (s.2); * Extracts are protected by qualified privilege. The burden of proof is on the defendant to show that the publication was without malice (s.3). Publication for circulation among Members of Parliament is protected by absolute privilege under common law.''Lake v. King'' (1667) 1 Saunders 131. The Act received royal assent on 14 April 1840. The Act is notable by being '' ex post facto'' – it changes the legal status of happenings before the A ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
3 & 4 Vict
3 (three) is a number, numeral (linguistics), numeral and numerical digit, digit. It is the natural number following 2 and preceding 4, and is the smallest odd prime number and the only prime preceding a square number. It has religious and cultural significance in many societies. Evolution of the Arabic digit The use of three lines to denote the number 3 occurred in many writing systems, including some (like Roman and Chinese numerals) that are still in use. That was also the original representation of 3 in the Brahmic numerals, Brahmic (Indian) numerical notation, its earliest forms aligned vertically. However, during the Gupta Empire the sign was modified by the addition of a curve on each line. The Nāgarī script rotated the lines clockwise, so they appeared horizontally, and ended each line with a short downward stroke on the right. In cursive script, the three strokes were eventually connected to form a glyph resembling a with an additional stroke at the bottom: ३. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
Malice (legal Term)
Malice is a legal term which refers to a party's intention to do injury to another party. Malice is either ''expressed'' or ''implied''. For example, malice is expressed when there is manifested a deliberate intention to unlawfully take away the life of a human being. Malice is implied when no considerable provocation appears, or when the circumstances attending the killing show an abandoned and malignant heart. Malice, in a legal sense, may be inferred from the evidence and imputed to the defendant, depending on the nature of the case. In many kinds of cases, malice must be found to exist in order to convict. (For example, malice is an element of the crime of arson in many jurisdictions.) In civil law cases, a finding of malice allows for the award of greater damages, or for punitive damages. The legal concept of malice is most common in Anglo-American law, and in legal systems derived from the English common law system. In English civil law (being the law of England and Wa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
Defamation Act 1996
The Defamation Act 1996 (c. 31) is an Act of the Parliament of the United Kingdom. Section 4 - Limitation of actions: England and Wales This section substitutes sections 4A, 28(4A), 32A and 36(1)(aa) of the Limitation Act 1980. Section 5 - Limitation of actions: Northern Ireland This section substitutes articles 6(2), 48(7) and 51 of the Limitation (Northern Ireland) Order 1989 (SI 1989/1339) (NI 11). Section 9 - Meaning of summary relief Sections 9(2A) to (2D) were inserted by paragraph 255 of Schedule 4 to the Constitutional Reform Act 2005. Section 9(4) was inserted by paragraph 52(b) of Schedule 18 to the Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (SI 2010/976). Section 12 - Evidence of convictions This section inserts section 13(2A) of the Civil Evidence Act 1968, section 12(2A) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1968 and section 9(2A) of the Civil Evidence Act (Northern Ireland) 1971. Section 13 - Ev ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
Broadcasting Act 1990
The Broadcasting Act 1990 (c. 42) is an Act of Parliament (UK), act of the Parliament of the United Kingdom, which aimed to liberalise and deregulate the British broadcasting industry by promoting competition; an example being ITV (TV network), ITV, in particular, which had earlier been described by Margaret Thatcher as "the last bastion of restrictive practices". The act was initiated in part due to a 1989 European Council Directive (89/552), also known as the Television Without Frontiers directive, and came about after the findings from the Peacock Committee. It led directly to the abolition of the Independent Broadcasting Authority and its replacement with the Independent Television Commission and Radio Authority (both themselves now replaced by Ofcom), which were given the task of regulating the broadcasting industry with weaker powers compared to the previous authority. The act The act abolished the Independent Broadcasting Authority (IBA) and Cable Authority, which were ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
Defamation Act 1952
The Defamation Act 1952 ( 15 & 16 Geo. 6 & 1 Eliz. 2. c. 66) is an Act of the Parliament of the United Kingdom. This Act implemented recommendations contained in the Report of the Porter Committee. The recommendation made by the Committee in relation to the rule in ''Smith v Streatfield'' was not implemented. Section 3 - Slander of title, etc See Malicious falsehood#England and Wales and Verbal injury. Section 5 - Justification :''See English defamation law#Justification'' This section was repealed by the Defamation Act 2013. Section 15 - Legislative powers of Parliament of Northern Ireland This section was repealed by Part I oSchedule 6to the Northern Ireland Constitution Act 1973. This section extended to Northern Ireland in addition to the other places to which this Act extended. This section provided that no limitation on the powers of the Parliament of Northern Ireland imposed by the Government of Ireland Act 1920 precluded that Parliament from making laws for pu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
Ex Post Facto Law
An ''ex post facto'' law is a law that retroactively changes the legal consequences or status of actions that were committed, or relationships that existed, before the enactment of the law. In criminal law, it may criminalize actions that were legal when committed; it may aggravate a crime by bringing it into a more severe category than it was in when it was committed; it may change the punishment prescribed for a crime, as by adding new penalties or extending sentences; it may extend the statute of limitations; or it may alter the rules of evidence in order to make conviction for a crime likelier than it would have been when the deed was committed. Conversely, a form of ''ex post facto law'' called an amnesty law may decriminalize certain acts. Alternatively, rather than redefining the relevant acts as non-criminal, it may simply prohibit prosecution; or it may enact that there is to be no punishment, but leave the underlying conviction technically unaltered. A pardon has a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
Royal Assent
Royal assent is the method by which a monarch formally approves an act of the legislature, either directly or through an official acting on the monarch's behalf. In some jurisdictions, royal assent is equivalent to promulgation, while in others that is a separate step. Under a modern constitutional monarchy, royal assent is considered little more than a formality. Even in nations such as the United Kingdom, Norway, the Netherlands, Liechtenstein and Monaco which still, in theory, permit their monarch to withhold assent to laws, the monarch almost never does so, except in a dire political emergency or on advice of government. While the power to veto by withholding royal assent was once exercised often by European monarchs, such an occurrence has been very rare since the eighteenth century. Royal assent is typically associated with elaborate ceremony. In the United Kingdom the Sovereign may appear personally in the House of Lords or may appoint Lords Commissioners, who anno ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
Common Law
Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on precedent—judicial rulings made in previous similar cases. The presiding judge determines which precedents to apply in deciding each new case. Common law is deeply rooted in Precedent, ''stare decisis'' ("to stand by things decided"), where courts follow precedents established by previous decisions. When a similar case has been resolved, courts typically align their reasoning with the precedent set in that decision. However, in a "case of first impression" with no precedent or clear legislative guidance, judges are empowered to resolve the issue and establish new precedent. The common law, so named because it was common to all the king's courts across England, originated in the practices of the courts of the English kings in the centuries fo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
Legal Burden Of Proof
In a legal dispute, one party has the burden of proof to show that they are correct, while the other party has no such burden and is presumed to be correct. The burden of proof requires a party to produce evidence to establish the truth of facts needed to satisfy all the required legal elements of the dispute. It is also known as the onus of proof. The burden of proof is usually on the person who brings a claim in a dispute. It is often associated with the Latin maxim ''semper necessitas probandi incumbit ei qui agit'', a translation of which is: "the necessity of proof always lies with the person who lays charges." In civil suits, for example, the plaintiff bears the burden of proof that the defendant's action or inaction caused injury to the plaintiff, and the defendant bears the burden of proving an affirmative defense. The burden of proof is on the prosecutor for criminal cases, and the defendant is presumed innocent. If the claimant fails to discharge the burden of proof t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
Qualified Privilege
The defence of qualified privilege permits a person in a position of authority or trust to make statements or relay or report statements that would be considered slander and libel if made by anyone else. New Zealand and Canada In New Zealand and Ontario, for instance, cases of political libel are inhibited by permitting open discussion of an allegation or rumor, if conducted responsibly and with due care for the privacy of the person whose reputation would be affected. This privilege generally does not extend to repetition of discredited statements, malice, or comments made out of process or out of order in the organization or institution in which the position of authority is held. United Kingdom The defence of qualified privilege became very important in the UK, especially after a case involving allegations made by the ''Sunday Times'' against the Irish Taoiseach Albert Reynolds Albert Martin Reynolds (3 November 1932 – 21 August 2014) was an Irish Fianna Fáil polit ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
Absolute Privilege
Defamation is a communication that injures a third party's reputation and causes a legally redressable injury. The precise legal definition of defamation varies from country to country. It is not necessarily restricted to making assertions that are falsifiable, and can extend to concepts that are more abstract than reputationlike dignity and honour. In the English-speaking world, the law of defamation traditionally distinguishes between libel (written, printed, posted online, published in mass media) and slander (oral speech). It is treated as a civil wrong (tort, delict), as a criminal offence, or both. Defamation and related laws can encompass a variety of acts (from general defamation and insultas applicable to every citizen – to specialized provisions covering specific entities and social structures): * Defamation against a legal person in general * Insult against a legal person in general * Acts against public officials * Acts against state institutio ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
