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Strict Liability (criminal)
In criminal law, strict liability is liability for which ( Law Latin for "guilty mind") does not have to be proven in relation to one or more elements comprising the ("guilty act") although intention, recklessness or knowledge may be required in relation to other elements of the offense ( Preterintentionally /ultraintentional /versari in re illicita). The liability is said to be strict because defendants could be convicted even though they were genuinely ignorant of one or more factors that made their acts or omissions criminal. The defendants may therefore not be culpable in any real way, i.e. there is not even criminal negligence, the least blameworthy level of . Strict liability laws were created in Britain in the 19th century to improve working and safety standards in factories. Needing to prove on the part of the factory owners was very difficult and resulted in very few prosecutions. The creation of strict liability offenses meant that convictions were increased. Com ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminal Law
Criminal law is the body of law that relates to crime. It proscribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and Well-being, welfare of people inclusive of one's self. Most criminal law is established by statute, which is to say that the laws are enacted by a legislature. Criminal law includes the punishment and Rehabilitation (penology), rehabilitation of people who violate such laws. Criminal law varies according to jurisdiction, and differs from Civil law (common law), civil law, where emphasis is more on dispute resolution and victim compensation, rather than on punishment or Rehabilitation (penology), rehabilitation. Criminal procedure is a formalized official activity that authenticates the fact of commission of a crime and authorizes punitive or rehabilitative treatment of the Criminal, offender. History The first Civilization, civilizations generally did not distinguish between Civil law (area), civil law and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Imputation (law)
In law, the principle of imputation or attribution underpins the concept that — ignorance of the law does not excuse. All laws are published and available for study in all developed states. The said imputation might also be termed "fair notice". The content of the law is imputed to all persons who are within the jurisdiction, no matter how transiently. This fiction tries to negate the unfairness of someone avoiding liability for an act or omission by simply denying knowledge of the law. The principle also arises in specific areas of law, such as criminal law and commercial law, to describe the need for the law to hold a person liable, even when they may not have known the particular circumstances that caused another person to sustain loss or damage. Criminal law Corporate liability To incur liability for a crime, a person must have both committed a prohibited act (the ''actus reus'', which must be willed: see automatism) and have had an appropriate mental element (the '' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Outraging Public Decency
Outraging public decency is a common law offence in England and Wales, Halsbury's Laws of England 5th edition, volume 26, paragraph 717 Hong Kong and the Australian states of New South Wales and Victoria. It is punishable by unlimited imprisonment and/or an unlimited fine. But in Hong Kong, the one who committed the offence can only be imprisoned for 7 years at maximum. History The first recorded case of the offence was ''Sir Charles Sedley’s Case'' or namely ''Sedley's Case'' (1663) 1 Keb. 620, 83 ER 1146; (1663) 1 Sid. 168, 82 ER 1036. Sir Charles Sedley was prosecuted for urinating on a crowd from the balcony of Oxford Kate's tavern in Covent Garden. Samuel Pepys' diary recorded Sedley's acts in detail: ''Sedley's Case (1663)'' was the very first case brought to trial under the premise of regulating immoral behaviours. After hearing the case, the King’s Bench established itself as the primary ''custos morum'' of the British Empire due to the abolition of the Star ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Blasphemous Libel
Blasphemous libel was originally an offence under the common law of England. Today, it is an offence under the common law of Northern Ireland, but has been abolished in England and Wales, and repealed in Canada and New Zealand. It is a form of criminal libel that consists of the publication of material which exposes the Christian religion to scurrility, vilification, ridicule, and contempt, with material that must have the tendency to shock and outrage the feelings of Christians. Historically, the common law offences of blasphemy and blasphemous libel were adopted from the common law of England as common law offences in British colonies and territories. From the late 19th century, several colonies and countries replaced the common law offences with adopted versions of the draft code called "the Stephen Code" written by Sir James Fitzjames Stephen as part of a Royal Commission in England in 1879. The Stephen Code included the offence of blasphemous libel but omitted blasphemy. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminal Libel
Criminal libel is a legal term, of English origin, which may be used with one of two distinct meanings, in those common law jurisdictions where it is still used. It is an alternative name for the common law offence which is also known (in order to distinguish it from other offences of libel) as " defamatory libel" or, occasionally, as "criminal defamatory libel". It is also used as a collective term for all offences which consist of the publication of some prohibited matter in a libel (in permanent form), namely defamatory libel, seditious libel, blasphemous libel and obscene libel. The common law offences of seditious libel, defamatory libel, and obscene libel were abolished in England and Wales and Northern Ireland on 12 January 2010 when section 73 of the Coroners and Justice Act 2009 came into force, blasphemous libel having already been abolished in England and Wales on 8 July 2008 by the Criminal Justice and Immigration Act 2008. The Racial and Religious Hatred Act 2006 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Public Nuisance
In English criminal law, public nuisance is an act, condition or thing that is illegal because it interferes with the rights of the general public. In Australia In ''Kent v Johnson'', the Supreme Court of the ACT held that public nuisance is "an unlawful act or omission ... which endangers the lives, safety, health, property or comfort of the public or by which the public are obstructed in the exercise or enjoyment of any right common to all".''Kent v Johnson (Minister of State for Works)'' (1973) 2 ACTR 1; (1973) 21 FLR 177, Supreme Court (ACT, Australia). And also, public nuisance is a criminal offense at some common law and by statute under some states. To establish a prima facie case of public nuisance, a private individual will have to prove: (1) title to sue, (2) that the interference is with a public right and (3) that the defendant's interference is substantial and unreasonable. # Title to sue: In the case ''Walsh v Ervin'',. as the general principle is usually sta ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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] |
Section Seven Of The Canadian Charter Of Rights And Freedoms
Section 7 of the ''Canadian Charter of Rights and Freedoms'' is a constitutional provision that protects an individual's autonomy and personal legal rights from actions of the government in Canada. There are three types of protection within the section: the right to life, liberty and security of the person. Denials of these rights are constitutional only if the denials do not breach what is referred to as fundamental justice. This ''Charter'' provision provides both substantive and procedural rights. It has broad application beyond merely protecting due process in administrative proceedings and in the adjudicative context, and has in certain circumstances touched upon major national policy issues such as entitlement to social assistance and public health care. As such, it has proven to be a controversial provision in the ''Charter''. Text Under the heading of "Legal Rights", the section states: Application The wording of section 7 says that it applies to "everyone". This inc ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Re B
Re or RE may refer to: Arts, media and entertainment * '' ...Re'', a 2016 Indian Kannada-language film * ''Realencyclopädie der classischen Altertumswissenschaft'', a German encyclopedia of classical scholarship * ''Resident Evil'', a horror game franchise Music * Re, the second syllable of the scale in solfège ** D (musical note) or Re, the second note of the musical scale in ''fixed do'' solfège * Re: (band), a musical duo based in Canada and the US Albums * ''Re'' (Café Tacuba album) * ''Re'' (Les Rita Mitsouko album) * '' Re.'', by Aya Ueto * ''Re:'' (EP), by Kard Language * ''re'' (interjection), in Greek * Re (kana) (れ and レ), Japanese syllables * ''In re'', Latin for 'in the matter of...' ** RE: and Re:, a standard email subject line prefix Organisations * Renew Europe, a political group in the European Parliament * Renovación Española, a former Spanish monarchist political party * Royal Engineers, a part of the British Army * Royal Society of Painter-Pr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Canadian Charter Of Rights And Freedoms
The ''Canadian Charter of Rights and Freedoms'' (), often simply referred to as the ''Charter'' in Canada, is a bill of rights entrenched in the Constitution of Canada, forming the first part of the '' Constitution Act, 1982''. The ''Charter'' guarantees certain political rights to Canadian citizens and guarantees the civil rights of everyone in Canada. It is designed to unify Canadians around a set of principles that embody those rights. The ''Charter'' was proclaimed in force by Queen Elizabeth II of Canada on April 17, 1982, as part of the ''Constitution Act, 1982''. The ''Charter'' was preceded by the '' Canadian Bill of Rights'', enacted in 1960, which was a federal statute rather than a constitutional document. The ''Bill of Rights'' exemplified an international trend towards formalizing human rights protections following the United Nations' ''Universal Declaration of Human Rights'', instigated by the country's movement for human rights and freedoms that emerged af ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of Canada
The Supreme Court of Canada (SCC; , ) is the highest court in the judicial system of Canada. It comprises nine justices, whose decisions are the ultimate application of Canadian law, and grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts. The Supreme Court is bijural, hearing cases from two major legal traditions (common law and civil law) and bilingual, hearing cases in both official languages of Canada (English and French). The effects of any judicial decision on the common law, on the interpretation of statutes, or on any other application of law, can, in effect, be nullified by legislation, unless the particular decision of the court in question involves application of the Canadian Constitution, in which case, the decision (in most cases) is completely binding on the legislative branch. This is especially true of decisions which touch upon the ''Canadian Charter of Rights and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Absolute Liability
Absolute liability is a standard of legal liability found in tort and criminal law of various legal jurisdictions. To be convicted of an ordinary crime, in certain jurisdictions, a person must not only have committed a criminal action but also have had a deliberate intention or guilty mind (''mens rea''). In a crime of strict or absolute liability, a person could be guilty even if there was no intention to commit a crime. The difference between strict and absolute liability is whether the defence of a “mistake of fact” is available: in a crime of absolute liability, a mistake of fact is not a defence. Strict or absolute liability can also arise from inherently dangerous activities or defective products that are likely to result in a harm to another, regardless of protection taken, such as owning a pet rattle snake; negligence is not required to be proven. Australia The Australian Criminal Code Act 1995 defines absolute liability in Division 6, subsection 2: Absolute liab ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
