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Admissibility of Illegally Obtained Evidence and Burden of Proof in UK Law

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Admissibility of Illegally Obtained Evidence

Michael Doherty states that if a right under the European Convention on Human Rights (ECHR) is infringed due to illegality, the evidence obtained can be excluded. For example, installing a covert listening device in the defendant's home to get a recording of him admitting to crimes would be a breach of the defendant's right to privacy under Article 8(1). However, this evidence was still admissible. Therefore, it is shown that even if the method of obtaining evidence is illegal, the evidence can still be admissible as long as the illegality does not impair the reliability of the evidence obtained.

Nash & Choo also came up with a guideline, as shown in "What's the matter with s.78?" It provides that

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Establishing Property Rights with Proprietary Estoppel

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Claiming an Interest in Property

In advising [the claimant], the question arises as to whether she would be able to claim any interest in the flat which [the landowner] stated in his will was to be given to a charity. It is quite obvious she wants to continue staying in the flat and, therefore, she needs to establish a beneficial interest in the property. If she only has a license, that would serve her no purpose, as it is purely personal permission and does not bind any third party.

The best avenue for her to establish an interest in the property is to prove she has a claim based on Proprietary Estoppel. Raising a Constructive Trust or Resulting Trust might be quite difficult, as she had not made any direct financial contribution to the property'... Continue reading "Establishing Property Rights with Proprietary Estoppel" »

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Criminal Offences Overview: Terrorism, Treason, and More

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Terrorism - The use or threat of action where the use or threat is designed to influence the government or an international governmental organisation or to intimidate the public or a section of the public, and the use or threat is made for the purpose of advancing a political, religious, racial or ideological cause.Treason - "When a man doth compass or imagine the death of our Lord the King, or of our Lady his [X2Queen] or of their eldest son and heir;Inchoate-Intentionally encouraging or assisting an offence (before: Incitement) - A person commits an offence if he/she does an act capable of encouraging or assisting the commission of an offence;
Conspiracy (statutory) - If a person agrees with any other person or persons that a course of conduct
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Magna Carta's Impact: Shaping English Constitutional Law

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The Genesis of Magna Carta

King John's Reluctant Concessions

Though King John spoke of advising, he favored the barons only because he had no other choice after losing a civil war. The first and most important declaration was the liberty of the Church: from 1215 onward, the king was not to interfere with the Church. Pope Innocent III, with whom John had famously quarreled, played a significant role. Despite the king's assertion that his decision was voluntary (“of our own free will”), it is known he was forced to sign the Great Charter after a war with the Church and the barons.

Enduring Principles for Future Monarchs

The rules in this document applied not only to John but to all succeeding monarchs. This is why it reads “for us and our heirs... Continue reading "Magna Carta's Impact: Shaping English Constitutional Law" »

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Land Revenue Act: Partition, Record of Rights, and Recovery of Arrears

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Partition of Land
Any joint owner of land or joint owner of tenancy can make application for partition of holding. The application for the partition of land is filed before the land revenue officer. A person who has no share in land cannot file suit of partition of the land.
2. Relevant Provision:
Sec. 135 to 150 Land Revenue Act 1967.
3. Application for Partition of Land:
According to Sec. 135 any joint owner of land may apply to a revenue officer for partition of his share in the land.
(i) Conditions for Filing Application:
(a) At the date of application the share is recorded under Chapter VI as belonging to him or.
(b) His right to the share has been established by a decree which is still subsisting as that date or.
(c) A written acknowledgement... Continue reading "Land Revenue Act: Partition, Record of Rights, and Recovery of Arrears" »

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Legal Glossary: Essential Terms for Understanding the Law

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Damages

Money that a defendant pays a plaintiff in a civil case if the plaintiff has won.

Defendant

An individual (or business) against whom a lawsuit is filed.

Habeas Corpus

Meaning "you have the body." A writ of habeas corpus generally is a judicial order forcing law enforcement authorities to produce a prisoner they are holding, and to justify the prisoner's continued confinement.

Issue

  1. The disputed point between parties in a lawsuit;
  2. To send out officially, as in a court issuing an order.

Mistrial

An invalid trial, caused by fundamental error.

Panel

  1. In appellate cases, a group of judges (usually three) assigned to decide the case;
  2. In the jury selection process

Plaintiff

A person or business that files a formal complaint with the court.

Plea

The defendant'... Continue reading "Legal Glossary: Essential Terms for Understanding the Law" »

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Clearing and Settlement in Financial Markets: Importance and Process

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Clearing and settlement are fundamental processes in financial markets. After the trade is executed, the record is submitted to the clearing agency, which matches the buyer and seller record and confirms that the counterparts agree to the terms. The agency reports discrepancies to traders in case the reports do not match, who then try and resolve them. After the clearing process is performed, through settlement, agencies fulfil the delivery requirements of the securities object of a trade. The settlement agency receives cash from buyers and securities from sellers and, at the end of the process, gives the securities to the buyer and the cash to the seller. Agencies perform an important function in case a trader is not trustworthy or creditworthy.
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International Relations Theories and Organizations: Realism, Liberalism, Marxism, and UN

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IR theories:

Realism: autonomy/can't trust anyone .. theory regarding power and security... Human nature: competitive.. balance of power: dividing up power of roughly equal shares
Polarity: Unipolarity- somewhat unstable... single state's dominance... Bipolarity- most stable..big wars too costly
Multipolarity: least stable system..great powers are most likely in this system
Liberalism: Wilson's Fourteen Points- economic transparency and trade-militaries for defensive purposes- international orgs to promote security- end to colonialism..........HUMAN INTEREST AND POWER- finding interest and achieving using combined power//harmony is aligned cooperation is when they find a middle ground
Marxism: Bourgeoisie- owners of business Proletariat- workers
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Understanding Public Order and Safety Offenses in New Jersey

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PUBLIC ORDER AND SAFETY OFFENSES:

Designed to protect the general public by dealing with behavior that is not necessarily morally wrong but nonetheless affects the peace and safety of the community.

BREACH OF PEACE

At C/L any voluntary action that disturbed a community’s peace without lawful justification or excuse was considered a crime.

UNLAWFUL ASSEMBLY

  • ROUT – NJ 2C:33-1b unlawful assembly
  • RIOT – NJ 2C:33-1 unlawful assembly
  • DISORDERLY CONDUCT – not a crime at C/L .341

N.J.S.A. 2C:33-2, which proscribes disorderly conduct, provides:

  • Improper behavior. A person is guilty of a petty disorderly persons offense, if with purpose to cause public inconvenience, annoyance or alarm, or recklessly creating risk thereof he
  • Engages in fighting or threatening,
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Understanding the State, Territory, People, and Conflicts

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THE STATE

Institutions to organize the people.

Formed by: population, territory

Under: The power of the state

Functions: established laws, enforce laws, govern

TERRITORY

  • Associated with the territory they run and govern
  • Defined by borders that separate them from other states and their territories.
  • Can't make decisions outside their borders.
  • If rules aren't respected, conflicts arise between states.

PEOPLE

  • Have the same rights for everyone.
  • Don't necessarily have the same social, political, and cultural background.
  • It's common for people of different cultures and nationalities to live in the same state.

DEMOCRACY

  • Equality: before the law, personal social and political rights, opportunities
  • Justice: people, groups, individuals/groups, communities/countries
  • Freedom:
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