Top of Form Bottom of Form THE UNIVERSITY OF TECHNOLOGY‚ JAMAICA THE FACULTY OF LAW CRIMINAL LAW I CAUSATION ______________________________________________________________ INTRODUCTION Where the actus reus of a crime includes specific consequences e.g. the crime of Murder - the consequence being death‚ it must be shown that the Defendant caused the victim’s death (although the defendant’s act need not be the sole or the main cause of death). A common approach of the courts has been to
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legal standing of the doctrine of ’separate legal personality ’ as it was developed in Salomon v. Salomon & Co Ltd [1897] AC 22. Even though this doctrine is the stone head of the English company common law‚ the courts introduced several exceptions which undermined the ’veil of incorporation ’. The exceptions were firstly introduced in the mid-60s by Lord Denning in Littlewoods Mail Order Stores Ltd. V IRC [1969]‚ and allowed the court to lift the veil and hold the shareholders liable for the company
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Bragdon v. Abbott Lisa Moulder Western International University HRM 430 4092 – Employment Law February 15‚ 2012 Professor Sandy White Abstract Can a physician refuse or alter care of an HIV-positive patient without violating the equal treatment stipulations of the Americans with Disabilities Act of 1990? In the case of Bragdon v. Abbott‚ Ms. Abbott disclosed her HIV status to her dentist. Dr. Bragdon offered to treat Ms. Abbott at a local hospital. Dr. Bragdon
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Plessy v. Ferguson In 1896 the Louisiana Supreme Court was challenged with a case that had the potential to tear apart racial segregation in our country. The central question that revolved around this court case was whether or not segregation amongst whites and blacks was still equal. The decision made by the court prolonged unnecessary social/racial inequality‚ oppression‚ hate‚ and violence in our country. The court’s ruling had immutable repercussions that greatly scarred our nation’s history
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A. Kelly v Movie Theater: Negligence Negligence requires a showing that a duty was owed‚ that the duty was breached‚ and that the breach was the actual and proximate cause of damages. Special Duty – Land Occupier - Invitee A special duty arises in circumstances involving a land occupier. An invitee is one who enters the land with the owner’s permission for the purpose related to the activity. The landowner owes an invitee a duty of care to inspect and discover any dangerous condition
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the injuries be avoided or less serious if the plaintiff had worn a seatbelt? 5) Is the corporate defendant vicariously liable for the tort of the employee defendant? Law: The Law of Torts is a resolution to compensate any individual who have suffered any harm or wrongdoing. The tort of negligence is a broad area of law that “involves inadvertent or unintentional careless conduct causing injury or damage to another person or his property.” (Yates‚ Bereznicki-Korol & Clarke‚ 2011‚p.145).
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Opinion of the Court SUPREME COURT OF THE UNITED STATES 491 U.S. 397 Texas v. Johnson CERTIORARI TO THE COURT OF CRIMINAL APPEALS OF TEXAS No. 88-155 Argued: March 21‚ 1989 --- Decided: June 21‚ 1989 JUSTICE BRENNAN delivered the opinion of the Court. After publicly burning an American flag as a means of political protest‚ Gregory Lee Johnson was convicted of desecrating a flag in violation of Texas law. This case presents the question whether his conviction is consistent with the First
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all persons born or naturalized in the United States‚ which included former slaves recently freed. In addition‚ it forbids states from denying any person "life‚ liberty or property‚ without due process of law" or to "deny to any person within its jurisdiction the equal protection of the laws. On April 23‚ 1976 officer David Isom of the little rock‚ Arkansas‚ police department received information that the suspect would be arriving at American Airlines Flight No.1 at 4:35 that afternoon. He was
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22 PAPER-4 (LL1008) LAW OF TORT AND CONSUMER PROTECTION LAWS nd st (2 Semester‚ 1 Year of the 3-Year LLB course) PART A- Law of torts PART B – Consumer Protection Law PART –A General Principles 1. General Principles – Definition‚ distinction between tort‚ crime‚ contract‚ breach of trust. 2. Essential conditions of liability – Damnum Since injuria‚ Injuria sine damnum‚ Malice‚ Motive. 3. Foundations of tortuous liability‚ fault liability‚ strict liability‚ principles of insurance in torts. 4
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The Constitutional Regulation of Capital Punishment Since Furman v. Georgia Background: The main argument in this article is that the Supreme Court has failed in their duties to regulate the death penalty. This purported failure is attributed to the Supreme Court not following their own terms and their high-profile involvement in overseeing state and federal death penalty practices (Steiker & Steiker‚ 1998). The authors argue that the Court’s high profile involvement is in fact creating a “False
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