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R V Jordan (2016), Jordan Ruling
''R v Jordan'' (1956) 40 Cr App R 152 was an English criminal law case that has been distinguished by two later key cases of equal precedent rank for its ruling that some situations of medical negligence following a wounding are those of breaking the chain of causation (across much of Europe termed a ''novus actus interveniens''), capable of absolving a person who has inflicted bodily harm of guilt for an offence of the severity resulting from a consequent decline in bodily condition, in particular, homicide. The facts were ones whereby a wound was should to be almost certain, with no treatment, to heal itself. The medical attempt to facilitate recovery from the wound resulted in a non-prosecutable death as it was shown to have been negligent and principally an antibiotic error though far from unknown and well-intentioned. The appropriate charge(s) would be ones relating to wounding or disorder of the defendant, rather than homicide which could not have been said to have been ca ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Appeal
An appellate court, commonly called a court of appeal(s), appeal court, court of second instance or second instance court, is any court of law that is empowered to Hearing (law), hear a Legal case, case upon appeal from a trial court or other lower tribunal. Appellate courts other than supreme courts are sometimes named as Intermediate appellate court. In much of the world, Judiciary, court systems are divided into at least three levels: the trial court, which initially hears cases and considers factual Evidence (law), evidence and testimony relevant to 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 review, 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 determines the extent of th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminal Appeal Reports
The Criminal Appeal Reports are a series of law reports of decisions of the Court of Criminal Appeal (England and Wales), Court of Criminal Appeal, the criminal division of the Court of Appeal of England and Wales, Court of Appeal and the House of Lords from 15 May 1908 onwards. They are published by Sweet & Maxwell. Publication began in 1909 and have been edited by Daniel Janner since 1994. As of 2008, they were published ten times per year. For the purpose of case citation, citation, their name may be abbreviated to "Cr App R", or to "CAR". Glanville Williams criticised the layout of the index in each volume of these reports. Volume 1 contains, in addition to the reports, a copy of the Criminal Appeal Act 1907, sections 9(5) and (6) of the Costs in Criminal Cases Act 1908, the Criminal Appeal (Amendment) Act 1908, section 11 of the Prevention of Crime Act 1908 and section 99(6) of the Children Act 1908 (8 Edw. 7. c. 67).Herman Cohen (Editor). The Criminal Appeal Reports with s ... [...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 ro ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Precedent
Precedent is a judicial decision that serves as an authority for courts when deciding subsequent identical or similar cases. Fundamental to common law legal systems, precedent operates under the principle of ''stare decisis'' ("to stand by things decided"), where past judicial decisions serve as case law to guide future rulings, thus promoting consistency and predictability. Precedent is a defining feature that sets common law systems apart from Civil law (legal system), civil law systems. In common law, precedent can either be something courts must follow (binding) or something they can consider but do not have to follow (persuasive). Civil law (legal system), Civil law systems, in contrast, are characterized by comprehensive Code of law, codes and detailed statutes, with no emphasis on precedent, and where judges primarily focus on fact-finding and applying codified law. Courts in common law systems rely heavily on case law, which refers to the collection of precedents and le ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Breaking The Chain
Breaking the chain (or ''novus actus interveniens'', literally ''new intervening act'') refers in English law to the idea that causal connections are deemed to finish. Even if the defendant can be shown to have acted negligently, there will be no liability if some new intervening act breaks the chain of causation between that negligence and the loss or damage sustained by the claimant. Discussion Where there is only a single operative cause for the loss and damage suffered by the claimant, it is a relatively simple matter to determine whether that cause was a breach of the duty of care owed to the claimant by the defendant. But where the sequence of events leading to the loss and damage comprises more than one cause, the process of separating and attributing potential or actual liability is more complicated. Act of God and other natural events as contributing causes Where there are several potential causes of harm, some of which are tortious and some of which are natural, th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Airforce
The United States Air Force (USAF) is the Air force, air service branch of the United States Department of Defense. It is one of the six United States Armed Forces and one of the eight uniformed services of the United States. Tracing its origins to 1 August 1907, as a part of the United States Army Signal Corps, the USAF was established by transfer of personnel from the Army Air Forces with the enactment of the National Security Act of 1947. It is the second youngest branch of the United States Armed Forces and the fourth in United States order of precedence, order of precedence. The United States Air Force articulates its core missions as air supremacy, intelligence, surveillance, target acquisition, and reconnaissance, global integrated intelligence, surveillance and reconnaissance, airlift, rapid global mobility, Strategic bombing, global strike, and command and control. The United States Department of the Air Force, Department of the Air Force, which serves as the USAF's ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Kingston Upon Hull
Kingston upon Hull, usually shortened to Hull, is a historic maritime city and unitary authorities of England, unitary authority area in the East Riding of Yorkshire, England. It lies upon the River Hull at its confluence with the Humber Estuary, inland from the North Sea. It is a tightly bounded city which excludes the majority of its suburbs, with a population of (), it is the fourth-largest city in the Yorkshire and the Humber region. The built-up area has a population of 436,300. Hull has more than 800 years of seafaring history and is known as Yorkshire's maritime city. The town of Wyke on Hull was founded late in the 12th century by the monks of Meaux Abbey as a port from which to export their wool. Renamed ''Kings-town upon Hull'' in 1299, Hull had been a market town, military supply port, trading centre, fishing and whaling centre and industrial metropolis. Hull was an early theatre of battle in the First English Civil War, English Civil Wars. Its 18th-century ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
R V Smith (Thomas Joseph)
''R v Smith (Thomas Joseph)'' 9592 QB 35 is an English criminal law case, dealing with causation and homicide. The court ruled that neither negligence of medical staff, nor being dropped on the way from a stretcher twice, constituted breaks in the chain of causation in murder cases. Facts A soldier intentionally stabbed a comrade, C, in the chest. On the way to the medical centre, C had been dropped twice by comrades carrying him and, on arrival, the doctor failed to notice that one of C's lungs had been pierced, causing haemorrhage, and the treatment provided was, as it later turned out, inappropriate and harmful. Had he had appropriate treatment, he might not have died. Jury instruction and jury decision Lord Parker CJ, delivering the judgment of the Courts-Martial Appeal Court, said, at p. 48: "If at the time of death the original wound is still an operating cause and a substantial cause, then the death can properly be said to be the result of the wound, albeit that so ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Puisne Judge
Puisne judge and puisne justice () are terms for an ordinary judge or a judge of lesser rank of a particular court. The term comes from a combination of the two French words, (since, later) and (born) which have been combined as or ; meaning "junior". Use The term is used almost exclusively in common law jurisdictions: the jurisdiction of England and Wales within the United Kingdom; Australia, including its states and territories; Canada, including its provinces and territories; India, including its states and territories; Pakistan, its provinces, and Azad Kashmir; the British Overseas Territory of Gibraltar; Kenya; Sri Lanka; South Africa in rural provinces and Hong Kong. In Australia, the most senior judge after a chief justice in superior state courts is referred to as the "senior puisne judge". Use is rare outside of, usually internal, court (judicial) procedural decisions as to which will sit or has sat in hearings or appeals. The term is dated in detailed, academic c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
R V Cheshire
''R v Cheshire'' 9911 WLR 844 is an English criminal law case establishing the role of the jury in finding liability for death, where subsequent medical negligence occurs following the original injury. The Court of Appeal found that the jury did not have to weigh up different causes of death, and need only be satisfied that the defendant's actions made a "significant contribution" to the victim's death. Facts On 9 December 1987, the appellant attacked and shot a man in a fish and chip shop, following an argument. The victim was admitted to hospital and underwent surgery, though he developed a respiratory problem requiring a tracheostomy tube to be inserted into his windpipe.9911 WLR 844, at 844 On 8 February 1988, and again on 14 February, the victim complained that he was having difficulty breathing, dying shortly after. Medical evidence at the defendant's trial was given that the victim's death was the result of his doctor's failure to diagnose the reason behind his breathlessne ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Criminal Case Law
English usually refers to: * English language * English people English may also refer to: Culture, language and peoples * ''English'', an adjective for something of, from, or related to England * ''English'', an Amish term for non-Amish, regardless of ethnicity * English studies, the study of English language and literature Media * ''English'' (2013 film), a Malayalam-language film * ''English'' (novel), a Chinese book by Wang Gang ** ''English'' (2018 film), a Chinese adaptation * ''The English'' (TV series), a 2022 Western-genre miniseries * ''English'' (play), a 2022 play by Sanaz Toossi People and fictional characters * English (surname), a list of people and fictional characters * English Fisher (1928–2011), American boxing coach * English Gardner (born 1992), American track and field sprinter * English McConnell (1882–1928), Irish footballer * Aiden English, a ring name of Matthew Rehwoldt (born 1987), American former professional wrestle ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
