Introduction Criminal law is much better known to laymen than civil law‚ as a result of journalists’ reports of famous criminal trials. In talking with people about law‚ I find that they often misapply principles from criminal law to situations in civil (e.g.‚ tort) law‚ which results in their misunderstanding. They are surprised when they learn the actual legal principles that apply to a problem. The purpose of this essay is to compare and contrast criminal afnd civil law. In civil law‚ a private party
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Principles of Criminal Liability 1/16/2013 Student ID: Word Count: 2482 Criminal activities are very common in our society. With the intention to hamper the property of other people or causing ill effect to others‚ criminal activities are occurred usually. Sometimes people involve themselves with some activities to injure others due to personal clash or from ill temperament. Some activities which may be done to cause simple injury
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Liability for Omissions The law has historically been reluctant to impose a general liability for omissions as opposed to positive acts. This means that there is no general duty of care in tort to act in order to prevent harm occurring to another. In Smith v Littlewoods Organisation‚ Lord Goff stated clearly that “the common law does not impose liability for what are called pure omissions”. Similarly‚ in Yuen Kun Yeu v A-G of Hong Kong‚ Lord Keith stated that people can ignore their moral responsibilities
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Ombudsman‚ that Andutan had already resigned prior to the filing of the administrative case since the operative fact that determines its jurisdiction is the commission of an offense while in the public service. The Ombudsman relies on Section VI(1) of Civil Service Commission Memorandum Circular No. 38 for this proposition‚ viz.: Section VI. 1. x x x An officer or employee under administrative investigation may be allowed to resign pending decision of his case but it shall be without prejudice
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Draft Limited Liability‚ Rights of Control and the Problem of Corporate Irresponsibility Paddy Ireland Abstract There is has long been a tendency to see the corporate legal form as presently constituted as economically determined‚ as the more or less inevitable product of the demands of advanced technology and economic efficiency. Through an examination of its historical emergence‚ focusing in particular on the introduction of general limited liability and the development of the modern
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jury the judge decides guilt or innocence. In criminal cases where there is a jury the judge will sum up the facts and relevant law and determine the sanction if the defendant is found guilty. * In a civil case in which there is no jury the judge will determine liability and the remedy. In a civil case in which there is a jury the jury may be asked to determine liability and the level of damages. Roles of Evidence and Procedure * Reliant on the presentation of oral evidence that can be cross
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Case Study Vicarious Liability Introduction Under the English Common Law‚ Vicarious liability is a principle of the tort laws. The law imposes liability of employees and agents to their employers. Under this law‚ the liability of any tort committed by an employee that falls under the scope of his duties to the employer is transferred to the employer. This includes both the intentional and unintentional torts. The inclusion of the intentional torts came in to effect after the ruling in the case
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. The Court Proceedings This civil case was listed under motion on May 3‚ 2013; Deputy Registrar Lawton assigned this case to Magistrate R. Brown. I have followed them from the registry department up to the courtroom where it was assigned. Evidences were presented right away on the presiding magistrate‚ some details are unclear as they don’t mention it and just are just reading the evidences presented. They are representing themselves and not a private solicitor. Both the plaintiff and defendant
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former to incur the liabilty. The object of this assignment is to explain the principle of vicarious liability and show which instances it applies to. Reference will be made to decided cases and statutes. 2. Employer- Employee Relationship The employer- employee relationship is one of the most common occurrences of cases of vicarious liability. The most accepted reason for conferring liability to the employer is that by assigning a task to the employee‚ the employer creates a risk of harm and
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lawsuits and litigation from everyone suing everyone else‚ one must ask the question "where does product liability end and consumer responsibility begin?" This question has been further complicated by occurrences that stretch to the most far-reaching ends of this spectrum‚ the spectrum ranging from strict product liability of the company to complete consumer responsibility. On the strict product liability of the company side‚ we have the cigarette industry where the CEOs of the largest cigarette companies
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