Notes, summaries, assignments, exams, and problems for Law & Jurisprudence

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" »

Implied Reversals and Tools of Legal Interpretation

Implied reversals are interpreted by the courts using specific tools of interpretation, including Section 101 of the Magistrates' Courts Act 1980, the Lawton formula, rulings of convenience, and policy considerations. For instance, Section 140 of the Highway Act 1959 contains an implied reversal; it states that placing anything on the highway is an offence unless the person had lawful authority or excuse. This shows that even though Parliament did not express the allowance of a reversal, it can be interpreted that it implied one.

The Impact of the Human Rights Act 1998

Before the Human Rights Act 1998 (HRA), there was no need to comply with Article 6(2), so all reversals were automatic. However,... Continue reading "Implied Reversals of the Legal Burden of Proof" »

The Principle of Judicial Defence

The principle of judicial defence supports the idea that the judiciary should not interfere with Parliament. Lord Nicholls stated that the courts generally uphold Parliament's intention unless Parliament disregards Article 6(2) of the ECHR. In AG Reference, Lord Woolf ruled that one must always assume that, without a sufficiently good reason, Parliament would make an exception to the presumption of innocence.

However, in Sheldrake, Lord Bingham stated that there should be more consideration towards the presumption of innocence and the court's obligation under s.3 of the Human Rights Act, as opposed to merely reviewing a provision. Following this, Scarmuzza suggested that adhering strictly to Parliament's intention... Continue reading "Judicial Defence Principles and the Presumption of Innocence" »

Marshall Case: Sex Discrimination and Pensions

Case Marshall

Case Marshall

Legal Interpretation

3. Article 5(1) of Directive No 76/207 must be interpreted as meaning that a general policy concerning dismissal involving the dismissal of a woman solely because she has attained the qualifying age for a state pension, which age is different under national legislation for men and for women, constitutes discrimination on grounds of sex, contrary to that Directive.

4. Wherever the provisions of a directive appear, as far as their subject-matter is concerned, to be unconditional and sufficiently precise, those provisions may be relied upon by an individual against the State where that State fails to implement the directive in national law by the end of

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" »

Silence During Police Interviews

On the facts (OTF): The suspect made a “no comment interview,” which constitutes a failure to answer a police question and results in silence at the interview. His failure was to answer a specific question regarding his presence in the bush.

• Question: Presence in the bush (specific question regarding presence).
• Answer: “No comment.” This silence can likely give rise to an adverse inference being drawn pursuant to Section 37 of the CJPOA 1994 (Failure to account for presence).

Applicability of Section 37 CJPOA 1994

Section 37 applies as the suspect will be relying on the unmentioned fact during the trial. However, Section 37(3A) provides that Section 37 is inapplicable if the suspect was denied access to a... Continue reading "Legal Consequences of Silence and Confessions in Interviews" »

Case Holdings

• Gideon v. Wainwright — challenge right to counsel if poor.
• Sperling v. Teplizky — temporary restraining order.
• Keatins v. Dr. Bolander — sued for medical expenses, loss of income, medical distress.
• In re Gault (Juvenile case) — juveniles have the right to counsel, same as adults.
• Hurley v. ACPD — compensatory damages and punitive damages.
• State v. Marquez — court finds him guilty of the restraining order; burglary charge dismissed.
• R v. Sundown — the appeal should be dismissed.
• Brown v. Board of Education — segregation in American public schools was inherently unequal.
• Miranda v. Arizona — suspects must be informed of their constitutional right to an attorney and against self-incrimination.
• Mapp v. Ohio — evidence obtained

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" »