and criminal courts. Sam’s actions have ultimately resulted in the injuries of the other driver and damage to the vehicle. Police were called to the scene where an arrest of Sam was made and a charge of dangerous driving was positioned. The injured driver has the intent to sue Sam in negligence for the damages to the vehicle and the personal injuries gained from the incident. Criminal The Criminal courts deal with criminal matters. Summary, indictable and either-way offences all go through the criminal courts. If Sam’s case was to go through…
Magistrate courts are lower courts in the hierarchy of courts in England and Wales where all criminal proceedings starts. Some civil matters such as family proceedings are also dealt with by the Magistrates court. While the Magistrate court has limited sentencing powers, more serious crimes such as rape and murder cases are passed on to the Crown court which has more sentencing powers and wide range of punishments. Appeals on cases decided by the crown courts usually go to a high court, court of…
Turner uses this decision to contrast the two definitions provided previously, as well as reinforce the magnitude of possible interpretations between R v Ogawa and Monis v The Queen. The meaning of “harassing” in R v Ogawa: In contrast to Monis v The Queen, Dr Ogawa was sent to court on a count of ‘harassment’ through her use of emails and a separate count of ‘harassing’ with respect to her telephone calls. The prosecution tendered a document listing the date, time, telephone numbers and…
What is known as the doctrine of international law of sources refers that the two means in making international law the first being international agreements i.e. treaties and the second state practices accepted as law i.e. “Federal regulations, Federal court decisions, testimony and statements before Congressional and international bodies, diplomatic notes, correspondence, speeches, press conference statements, and even internal memoranda” (Janis 50). This was expanded upon by article 38 in the…
In 1996, the International Court of Justice extended an Advisory Opinion as a response to the inquisitive anomaly between international states, organizations, and special agencies. The General Assembly (GA) and World Health Organization (WHO) were the contributors of the question regarding the “Threat or Use of Nuclear Weapons by a State during Armed Conflict.” Agencies such as these rely on political actors in order to function as organs in maintaining International Order. These international…
International law is a broad body that operates within an anarchic system. It contains two sections of law as well as a multitude of organizations that work within the laws. These laws also are enforced, or attempted to be enforced, by international courts in which states hold each other accountable for their actions. International law contains two types, public and private. Public international law is legal norms such as treaties that apply to interactions between states or states and other…
European court. This principle was broadened and defined over time through cases brought before, and rulings of, the European Court of Justice. To understand how direct effect evolved and to what extent it protects individual rights, we must look at those cases and rulings in a chronological matter. I will firstly examine direct effect’s scope of application over time, and then turn my attention to how the extension of its scope of application affected the protection of individual rights. The…
United Kingdom App. The essay sets out to discuss the Vinter and others v the United Kingdom. In particular, the essay focuses on facts that lead to the European Court of Human rights to hear the case. In addition, the paper discusses the Court’s decision and analysis of the decision using cases that have been heard after the Vinter and others v the United Kingdom. Summary of the facts that led to the European Court of Human Rights hearing The facts that led the European Court of Human Rights…
10. Would it help the ICC if a new Asian Regional Criminal Court will be created? Could such a new court harm the interest of the ICC? In my opinion, creating a new court would not help the ICC, rather it would harm its interest in a way that it would totally undermine the judicial powers of the ICC. 11. Can the facts exposed by the ICC help to improve the international community even if the ICC itself doesn 't put many criminals in prison? Even if the facts are exposed by the ICC, it would…
Due to its ground breaking nature, the database is an intellectual creation and is protected under the WIPO Copyright Treaty per article 5. Furthermore, the company is based in America and should only have to comply with U.S. regulations. It would be unreasonable for another state to interfere with the sovereign and domestic law of the United States. To do so would be a violation of the United Nations Charter Article 2(1). Under 1 U.S.C. § 1 any Act of Congress that uses “person” and “whoever”…