All Questions
Tagged with united-kingdom common-law
36
questions
0
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249
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Computer Misuse Act 1990 vs Police and Justice Act 2006
I am studying towards a qualification called CREST CPSA, reading through their syllabus guide here. It covers some sections on Law that I was hoping to clarify on here.
On PDF page 6/20 it covers the ...
- 291
2
votes
1
answer
96
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UK: Can Islamic Shariah Councils act as binding arbitrators?
Could marriage be considered as a civil contract between two parties which defer to specific kind of arbitrators in case of disputes, giving up their right to judicial review, in a fashion similar to ...
- 312
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0
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49
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Is the law of Accord and Satisfaction a very undeveloped field?
I have tried to find cases of Accord and Satisfaction in the Jamaican Jurisdiction but there are hardly any. And the UK courts also only have a few of them. Do you know where I can get it?
Moreover, ...
- 47
4
votes
3
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323
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An erstwhile friend misled me to believe she had committed suicide. Can I take action?
A good friend of many years, but with whom I fell out two years ago, meticulously misled me via multiple emails purporting to come from a member of her family, that she had died. Not only died, but ...
- 139
3
votes
1
answer
113
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Sentence given when a Summary only offence has imprisonment over 6 months?
I was reading into the Wireless Telegraphy Act 2006.
At the sentencing section, I note the following:
(a)on summary conviction, to imprisonment for a term not exceeding 12
months or to a fine not ...
- 291
1
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0
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53
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How distinct (un-continental) are the UK tax and accounting law and court decisions in tax and accounting cases?
UK has common law system which is based on the case law. But meanwhile there is ongoing efforts to codify some laws - e.g. there is https://www.legislation.gov.uk/ukpga/1994/23/contents Value Added ...
- 375
4
votes
3
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312
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Northern Ireland: Is Homicide an offence in common law or is it an offence in statute?
In one of the episodes of the British-Irish television series The Fall, a person is charged by PSNI, in Northern Ireland, with multiple counts of murder. The police officer reads out the charges in ...
3
votes
2
answers
620
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Where does the legal principle of "can't benefit twice" come from?
I've been told there is a legal principle (in UK law, specifically England) that a person cannot be allowed to benefit twice from a court's decision. I've found criminal law which addresses that, and ...
- 41
4
votes
1
answer
184
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Was new law created when the UK Supreme Court ruled against the prorogation?
The Supreme Court ruled yesterday that:
a ruling on a prorogation was justiciable
and that the duration of the prorogation Boris Johnson advised the Queen to enact, was unlawful
Does this mean new ...
- 533
2
votes
2
answers
177
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Legal status of an ongoing situation pending an appeal
Apologies for the title. I could not think of a concise and accurate way to phrase it.
I will phrase this question in terms of charitable trusts, but my question is really about the general principle....
- 8,356
2
votes
4
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984
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Is answering a question you are not sure about under oath perjury?
Suppose I struggle to see at night, but was witness to a crime that took place and have been asked to give testimony. At the stand, I am asked whether I saw the defendant committing the crime, and ...
- 123
2
votes
1
answer
221
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Is there a defence of persecution by law?
Justice derives from just, what is right and fair. If you are guilty (as in, you've committed the offence not been judged) of an offence but your arrest/prosecution is unfair in its application can ...
- 457
1
vote
1
answer
416
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Can UK citizens claim common law rights in a UK court, and what would happen if they did?
I've read in numerous blogs and heard from a few people that common law is more important than statute law in the UK, and that UK citizens can claim common law rights in some cases for their benefit.
...
- 183
1
vote
1
answer
80
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Child Custody : Cases supporting Father as primary care giver or shared care and control
Does anyone have Court of Appeal cases where by custody is awarded to the father or shared custody is awarded?
Basically Father proposed a shared care and control parenting arrangement but mother is ...
- 111
-1
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2
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66
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Is "accusing one liable to offence" indirectly libel?
Suppose there are three people, A, B, and C.
A and B has a personal dispute, all parties know each other, and on one day, B's private chat group was attacked and destroyed by an unknown person, whose ...
- 181