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Restitution Of Conjugal Rights
In English law, restitution of conjugal rights was an action in the ecclesiastical courts and later in the Court for Divorce and Matrimonial Causes. It was one of the actions relating to marriage, over which the ecclesiastical courts formerly had jurisdiction. This could be brought against a husband or wife who was guilty of "subtraction"; that is, living away from their spouse without a good reason. If the suit was successful, the married couple would be required to live together again. In 1969 a Law Commission report recommended the abolition of the action, and it was abolished by the Matrimonial Proceedings and Property Act 1970. History United Kingdom English Law =Prior to 1813= Under the jurisdiction of the Ecclesiastical Courts, which controlled marriage regulations, desertion was not defined as a matrimonial offense, instead a deserted spouse could ask for a ''decree of restitution of conjugal rights''. After such a decree was obtained, the other spouse had to return h ...
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English Law
English law is the common law list of national legal systems, legal system of England and Wales, comprising mainly English criminal law, criminal law and Civil law (common law), civil law, each branch having its own Courts of England and Wales, courts and Procedural law, procedures. The judiciary is judicial independence, independent, and legal principles like Procedural justice, fairness, equality before the law, and the right to a fair trial are foundational to the system. Principal elements Although the common law has, historically, been the foundation and prime source of English law, the most authoritative law is statutory legislation, which comprises Act of Parliament, Acts of Parliament, Statutory Instrument, regulations and by-laws. In the absence of any statutory law, the common law with its principle of ''stare decisis'' forms the residual source of law, based on judicial decisions, custom, and usage. Common law is made by sitting judges who apply both United Kingdom l ...
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Supreme Court Of Judicature (Consolidation) Act 1925
The Supreme Court of Judicature (Consolidation) Act 1925 ( 15 & 16 Geo. 5. c. 49), sometimes referred to as the Supreme Court of Judicature Act 1925, was an act of the Parliament of the United Kingdom. Provisions Section 99 Section 99 of the act was replaced by section 84 of the Supreme Court Act 1981. The power conferred by this section was exercised by the Criminal Appeal (Reference of Points of Law) Rules 1973 ( SI 1973/1114).Archbold Criminal Pleading, Evidence and Practice. 1999. Paragraph 7-301 at page 975. Short title, commencement and extent Section 227(1) of the act provided that the act may be cited as the "Supreme Court of Judicature (Consolidation) Act, 1925". Section 227(2) of the act provided that the act would come into force on 1 January 1926. Legacy The whole act was repealed by section 152(4) of, and schedule 7 to, the Supreme Court Act 1981. See also * Supreme Court of Judicature Act Notes References *Halsbury's Statutes ''Halsbury' ...
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British Columbia
British Columbia is the westernmost Provinces and territories of Canada, province of Canada. Situated in the Pacific Northwest between the Pacific Ocean and the Rocky Mountains, the province has a diverse geography, with rugged landscapes that include rocky coastlines, sandy beaches, forests, lakes, mountains, inland deserts and grassy plains. British Columbia borders the province of Alberta to the east; the territories of Yukon and Northwest Territories to the north; the U.S. states of Washington (state), Washington, Idaho and Montana to the south, and Alaska to the northwest. With an estimated population of over 5.7million as of 2025, it is Canada's Population of Canada by province and territory, third-most populous province. The capital of British Columbia is Victoria, British Columbia, Victoria, while the province's largest city is Vancouver. Vancouver and its suburbs together make up List of census metropolitan areas and agglomerations in Canada, the third-largest metropolit ...
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Divorce Act (Canada)
The ''Divorce Act'' () is the federal Act that governs divorce in Canada. The Constitution of Canada gives the federal Parliament exclusive jurisdiction to regulate the law of marriage and divorce. History of divorce law in Canada Pre-Confederation divorce laws There was no uniform federal divorce law in Canada until 1968. Instead, there was a patch-work of divorce laws in the different provinces, depending on the laws in force in each province at the time it joined Confederation: * In the three Maritime provinces, divorce was governed by laws enacted by the colonial governments prior to Confederation in 1867 (in Nova Scotia from 1758, in New Brunswick from 1791, and in Prince Edward Island from 1833); * In the three prairie provinces and the northern territories, divorce was available under the English '' Matrimonial Causes Act 1857'', which was incorporated into their local law in 1870 under the terms of the ''Rupert's Land Act 1868''; * In 1867, the Colony of British Columb ...
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Divorce Law
Divorce law, the legal provisions for the dissolution of marriage, varies widely across the globe, reflecting diverse legal systems and cultural norms. Most nations allow for residents to divorce under some conditions except the Philippines (although Muslims in the Philippines do have the right to divorce) and the Vatican City, an ecclesiastical sovereign city-state, which has no procedure for divorce. In these two countries, laws only allow annulment of marriages. Summary table Muslim societies Historically, the rules of divorce were governed by sharia, as interpreted by traditional Islamic jurisprudence, though they differed depending on the legal school, and historical practices sometimes diverged from legal theory. Divorce in Islam is permitted, but the theology provides different rules for husbands from wives. Husbands may initiate divorce through ‘Talaq’, for any reason without requiring the wife's agreement. Some also include this to mean the stating of � ...
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Canada
Canada is a country in North America. Its Provinces and territories of Canada, ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, making it the world's List of countries and dependencies by area, second-largest country by total area, with the List of countries by length of coastline, world's longest coastline. Its Canada–United States border, border with the United States is the world's longest international land border. The country is characterized by a wide range of both Temperature in Canada, meteorologic and Geography of Canada, geological regions. With Population of Canada, a population of over 41million people, it has widely varying population densities, with the majority residing in List of the largest population centres in Canada, urban areas and large areas of the country being sparsely populated. Canada's capital is Ottawa and List of census metropolitan areas and agglomerations in Canada, ...
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South Africa
South Africa, officially the Republic of South Africa (RSA), is the Southern Africa, southernmost country in Africa. Its Provinces of South Africa, nine provinces are bounded to the south by of coastline that stretches along the Atlantic Ocean, South Atlantic and Indian Ocean; to the north by the neighbouring countries of Namibia, Botswana, and Zimbabwe; to the east and northeast by Mozambique and Eswatini; and it encloses Lesotho. Covering an area of , the country has Demographics of South Africa, a population of over 64 million people. Pretoria is the administrative capital, while Cape Town, as the seat of Parliament of South Africa, Parliament, is the legislative capital, and Bloemfontein is regarded as the judicial capital. The largest, most populous city is Johannesburg, followed by Cape Town and Durban. Cradle of Humankind, Archaeological findings suggest that various hominid species existed in South Africa about 2.5 million years ago, and modern humans inhabited the ...
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Australian Law Reform Commission
The Australian Law Reform Commission (often abbreviated to ALRC) is an Australian independent statutory body established to conduct reviews into the law of Australia. The reviews, also called inquiries or references, are referred to the ALRC by the Attorney-General for Australia. Based on its research and consultations throughout an inquiry, the ALRC makes recommendations to government so that government can make informed decisions about law reform. The ALRC is part of the Attorney-General's portfolio; however it is an independent statutory authority constituted under the ''Australian Law Reform Commission Act 1996'' (Cth), and the ''Public Governance, Performance and Accountability Act 2013'' (PGPA Act). As an independent agency, it is able to undertake research, consultations and legal policy development, and to make recommendations to the Parliament, without fear or favour. The ALRC's objective is to make recommendations for law reform that: * bring the law into line wi ...
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Historia Placitorum Coronæ
''Historia Placitorum Coronæ'' or ''The History of the Pleas of the Crown'' is an influential treatise on the criminal law of England, written by Matthew Hale (jurist), Sir Matthew Hale and published posthumously with notes by Sollom Emlyn by E. and R. Nutt, and R. Gosling (the assigns of Edward Sayer), for F. Gyles, T. Woodward, and C. Davis in 1736. Publication The book was published despite an instruction in Hale's will that none of his manuscripts was to be printed after his death, unless he had ordered the publication during his lifetime. This was defended by Emlyn on the basis that it was a work of enormous importance; that he appeared to have revoked this instruction in a codicil (will), codicil; and that, in any event, it was obvious that he had intended to publish it. He further observed that the order was the result of fear that the text would be altered or abridged. Contents The book is divided into two parts. The first part deals with substantive law and the second ...
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Sir Matthew Hale
Sir Matthew Hale (1 November 1609 – 25 December 1676) was an influential English barrister, judge and jurist most noted for his treatise ''Historia Placitorum Coronæ'', or ''The History of the Pleas of the Crown''. Born to a barrister and his wife, who had both died by the time he was 5, Hale was raised by his father's relative, a strict Puritan, and inherited his faith. In 1626 he matriculated at Magdalen Hall, Oxford (now Hertford College), intending to become a priest, but after a series of distractions was persuaded to become a barrister like his father, thanks to an encounter with a Serjeant-at-Law in a dispute over his estate. On 8 November 1628, he joined Lincoln's Inn, where he was called to the Bar on 17 May 1636. As a barrister, Hale represented a variety of Royalist figures during the prelude and duration of the English Civil War, including Thomas Wentworth and William Laud; it has been hypothesised that Hale was to represent Charles I at his state trial, and ...
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Marital Rape
Marital rape or spousal rape is the act of sexual intercourse with one's spouse without the spouse's consent. The lack of consent is the essential element and doesn't always involve physical violence. Marital rape is considered a form of domestic violence and sexual abuse. Although, historically, sexual intercourse within marriage was regarded as a right of spouses, engaging in the act without the spouse's consent is now widely classified as rape by many societies around the world, and increasingly criminalized. However, it remains unacknowledged by some more conservative cultures. The issues of sexual and domestic violence within marriage and the family unit, and more specifically, the issue of violence against women, have come to growing international attention from the second half of the 20th century. Still, in many countries, marital rape either remains outside the criminal law, or is illegal but widely tolerated. Laws are rarely enforced, due to factors ranging from reluc ...
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High Court Of Australia
The High Court of Australia is the apex court of the Australian legal system. It exercises original and appellate jurisdiction on matters specified in the Constitution of Australia and supplementary legislation. The High Court was established following the passage of the ''Judiciary Act 1903'' (Cth). Its authority derives from chapter III of the Australian Constitution, which vests it (and other courts the Parliament creates) with the judicial power of the Commonwealth. Its internal processes are governed by the ''High Court of Australia Act 1979'' (Cth). The court consists of seven justices, including a chief justice, currently Stephen Gageler. Justices of the High Court are appointed by the governor-general on the formal advice of the attorney-general following the approval of the prime minister and Cabinet. They are appointed permanently until their mandatory retirement at age 70, unless they retire earlier. Typically, the court operates by receiving applicati ...
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