The commons

The courts then formed a test called the test of proportionality. This test was originally created by Lord Hope in the case of Kebeline but it was amplified in Lambert and was explained further in Brown v Scott . The test holds three limbs which are, what the prosecution must prove in order for the burden to shift to the accused, what is the burden of the accused and what is the nature of the threat to society which the Act in question is trying to prevent. If the reverse burden given to the…

MEMO I. Issue: The legal issue to whether the Publications (Immigration Issues) Bill 2014 (Cth) ( 'Publications Bill ') , as it’s currently drafted would be able to operate retrospectively in Australia. This legal issue needs to act retrospectively so publications made before and after the commencement of the Act are to be classified illegal. II. Relevant Law: (a) Statutory Analysis of the Bill (450 words) The Publications Bill main issue is whether it can operate retrospectively. The…

This review is a stretch of Marcos Bernardes de Mello's work, "Theory of Legal Fact: plane of existence." In the first part, they are treated different views on the concept of legal fact, especially of Savigny and Miranda bridges. Great emphasis was given to the discussion of the legal fact classification criteria. Mello begins his presentation by approaches that considered unscientific, is the study of the cause from the consequence, or by ineffectiveness cover the wide range of existing legal…

Tortuous liability arises from breach of a duty primarily fixed by law; this duty is towards persons generally and its breach is redressable by an action for unliquidated damages Sir John Salmond defines Tort as a civil wrong for which the remedy is common law action for unliquidated damages and which is not exclusively…

From some perspectives, Wolsey 's domestic policies were a dramatic failure as it could be said that he was arrogant and used the position only to his own advantage whilst trying the impossible, to be king when he was not. He was also blindly hostile towards nobles and therefore caused great hostility towards himself. On the other hand, Wolsey seemed to cope with the enormous workload extremely well, as the large amounts of duties that he had to perform would have been impossible for most people…

creative lecturer. My interest to study the American Legal System emits from my addiction to study US landmark cases. Also, I want to introduce this subject to various law schools in Egypt. Hence, I believe that teaching such a great model of a common law system would deepen the students’ understanding of law per se. Therefore, for the sake of a better universal education system, a better Egypt, and a peaceful world with less poverty, I decided to pursue a Master of Laws (LLM) at Duke…

Revisiting Williams v Roffey Bros. & Nicholls (Contractors) Ltd Introduction The case Williams v Roffey Bros. & Nicholls (Contractors) Ltd (Williams v Roffey) has a significant influence on the development of the law of contract regarding the consideration of existing duty. This case is a decision of the Court of Appeal. There are three judges namely Glidewell, Rusell, and Purchas LJJ. Mr. Williams is the appellant while the Roffey Bros. & Nicholls (Contractors) Ltd is the respondent. The…

The defendants in the case are major cooperate companies, W, R Grace, and Beatrice foods. The defendant’s legal representatives are Cheeseman for Grace and Facher for Beatrice with Judge Skinner presiding over the proceedings (Harr, 1996). As is common practice in most judicial system, the plaintiff files the charges within the limitations as provided under statutes. In the story by Mr. Harr, the Woburn took three years. On the defendants’ side, Beatrice through lawyer…

Are they called bathers, or swimmers? Is it a potato cake or a scallop? Depending on where one travels across Australia, one is bound to encounter many terms. However, what happens when every state and territory of Australia uses their own words and slang? This is a source of confusion for many, and can even trigger many debates amongst states. There are many different people living in Australia, all with their own identities and individual use of Australian English. It is important to highlight…

The home in which citizens reside in is referred to as a “castle”, where the King and/or Queen must defend their grounds. From English Common Law, laws were derived to protect those who owned a home from defenseless harm or injury. Such laws, often referred to as “Castle Doctrine” or “stand-your-ground” laws, justify the harmful force of killing as a means of defense. Castle Doctrine laws inevitably pose a thought of linked homicide, where these laws allow citizens to legally commit homicide.…