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Reverse Onus
A reverse onus clause is a provision within a statute that shifts the burden of proof onto the individual specified to disprove an element of the information. Typically, this particular provision concerns a shift in burden onto a defendant in either a criminal offence or tort claim. For example, the automotive legislation in many countries provides that any driver who hits a pedestrian has the burden of establishing that they were not negligent. Canada Reverse onus clauses can be seen in the Criminal Code, where the accused must disprove an imposed presumption. These sorts of provisions are contentious as they almost always violate the presumption of innocence protected under section 11(d) of the Canadian Charter of Rights and Freedoms. The only way that such a provision can survive Charter scrutiny is if it can be justified under section 1. The Supreme Court of Canada has struck down a number of reverse onus provisions. The first and most famous of them was the striking down o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Onus (1948-96) Australian Aboriginal artist
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Onus, from Latin, indicates accountability/responsibility Onus may also refer to: * Blame * Burden (other) * Legal burden of proof (''onus probandi'') As a surname * Bill Onus (1906-68), Australian Aboriginal political activist, boomerang thrower * Lin Onus Lin Onus (4 December 1948 – 23 October 1996), born William McLintock Onus and also known as Lin Burralung McLintock Onus, was an Australian artist of Scottish- Aboriginal origins. He was the son of activist Bill Onus. Early life Willia ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Paul Martin
Paul Edgar Philippe Martin (born August 28, 1938), also known as Paul Martin Jr., is a Canadian lawyer and politician who served as the 21st prime minister of Canada and the leader of the Liberal Party of Canada from 2003 to 2006. The son of former secretary of state for external affairs Paul Martin Sr., Martin was a lawyer from Ontario before he became president and the chief executive officer of Canada Steamship Lines in 1973. He held that position until his election as a member of Parliament for the Montreal riding of LaSalle—Émard in 1988. Martin unsuccessfully ran for leader of the Liberal Party in 1990, losing to Jean Chrétien. Martin would become Chrétien's longtime rival for the leadership of the party, though was appointed his minister of finance after the Liberal victory in the 1993 federal election. Martin oversaw many changes in the financial structure of the Canadian government, and his policies had a direct effect on eliminating the country's chronic fi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Affirmative Defense
An affirmative defense to a civil lawsuit or criminal charge is a fact or set of facts other than those alleged by the plaintiff or prosecutor which, if proven by the defendant, defeats or mitigates the legal consequences of the defendant's otherwise unlawful conduct. In civil lawsuits, affirmative defenses include the statute of limitations, the statute of frauds, waiver, and other affirmative defenses such as, in the United States, those listed in Rule 8 (c) of the Federal Rules of Civil Procedure. In criminal prosecutions, examples of affirmative defenses are self defense, insanity, entrapment and the statute of limitations. Description In an affirmative defense, the defendant may concede that they committed the alleged acts, but they prove other facts which, under the law, either justify or excuse their otherwise wrongful actions, or otherwise overcomes the plaintiff's claim. In criminal law, an affirmative defense is sometimes called a justification or excuse de ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
The Rule Of Law
The rule of law is the political philosophy that all citizens and institutions within a country, state, or community are accountable to the same laws, including lawmakers and leaders. The rule of law is defined in the ''Encyclopedia Britannica'' as "the mechanism, process, institution, practice, or norm that supports the equality of all citizens before the law, secures a nonarbitrary form of government, and more generally prevents the arbitrary use of power." The term ''rule of law'' is closely related to constitutionalism as well as ''Rechtsstaat'' and refers to a political situation, not to any specific legal rule. Use of the phrase can be traced to 16th-century Britain. In the following century, the Scottish theologian Samuel Rutherford employed it in arguing against the divine right of kings. John Locke wrote that freedom in society means being subject only to laws made by a legislature that apply to everyone, with a person being otherwise free from both governmental and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Prosecution
A prosecutor is a legal representative of the prosecution in states with either the common law adversarial system or the Civil law (legal system), civil law inquisitorial system. The prosecution is the legal party responsible for presenting the case in a Criminal law, criminal jury trial, trial against an individual accused of breaking the law. Typically, the prosecutor represents the state or the government in the case brought against the accused person. Prosecutor as a legal professional Prosecutors are typically lawyers who possess a law degree, and are recognised as suitable legal professionals by the court in which they are acting. This may mean they have been Admission to the bar, admitted to the bar, or obtained a comparable qualification where available - such as Solicitor advocate, solicitor advocates in English law, England and Wales. They become involved in a criminal case once a suspect has been identified and Indictment, charges need to be filed. They are employe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
National Accountability Bureau
The National Accountability Bureau ( ur, ; abbreviated NAB) is an autonomous and constitutionally established federal institution responsible to build efforts against corruption and prepare critical national economic intelligence assessments against economic terrorism for the Government of Pakistan. It is headed by Aftab Sultan as its chairman. The NAB is empowered to undertake any necessary prevention and awareness, in all means, in addition to enforce its operations against economic terrorism and financial crimes. Since it was established by Pervez Musharraf on 16 November 1999, its sphere of operations has been expanded and extended. The constitution grants power to launch investigations, conduct inquiries, and issues arrest warrants against individuals suspected of financial mismanagement, economic terrorism, corruption (all in private-sector, state-sector, defence-sector, and corporate-sector), and directs cases to the accountability courts. Established by Ordi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Defamation Law
Modern libel and slander laws in many countries are originally descended from English defamation law. The history of defamation law in England is somewhat obscure; civil actions for damages seem to have been relatively frequent as far back as the Statute of Gloucester in the reign of Edward I (1272–1307). The law of libel emerged during the reign of James I (1603–1625) under Attorney General Edward Coke who started a series of libel prosecutions. Scholars frequently attribute strict English defamation law to James I's outlawing of duelling. From that time, both the criminal and civil remedies have been found in full operation. English law allows actions for libel to be brought in the High Court for any published statements which are alleged to defame a named or identifiable individual in a manner which causes them loss in their trade or profession, or damages their reputation. Allowable defences are justification, fair comment, and privilege. A defamatory statement is pres ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
National Crime Agency
The National Crime Agency (NCA) is a national law enforcement agency in the United Kingdom. It is the UK's lead agency against organised crime; human, weapon and drug trafficking; cybercrime; and economic crime that goes across regional and international borders; but it can be tasked to investigate any crime. The NCA has a strategic role as part of which it looks at serious crime in aggregate across the UK, especially analysing how organised criminals are operating and how they can be disrupted. To do this, it works closely with regional organised crime units (ROCUs), local police forces, and other government departments and agencies. It is the UK's point of contact for foreign agencies such as Interpol, Europol and other international law enforcement agencies. On a day-to-day basis, the NCA assists police forces and other law enforcement agencies (and vice versa) under voluntary assistance arrangements. In extremis, the NCA Director General has the power to direct a chief o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Black Money
A black market, underground economy, or shadow economy is a clandestine market or series of transactions that has some aspect of illegality or is characterized by noncompliance with an institutional set of rules. If the rule defines the set of goods and services whose production and distribution is prohibited by law, non-compliance with the rule constitutes a black market trade since the transaction itself is illegal. Parties engaging in the production or distribution of prohibited goods and services are members of the . Examples include the illegal drug trade, prostitution (where prohibited), illegal currency transactions, and human trafficking. Violations of the tax code involving income tax evasion in the . Because tax evasion or participation in a black market activity is illegal, participants attempt to hide their behavior from the government or regulatory authority. Cash is the preferred medium of exchange in illegal transactions since cash transactions are less-e ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Unexplained Wealth Order
An unexplained wealth order (UWO) is a type of court order issued by a British court to compel the target to reveal the sources of their unexplained wealth. UWOs were introduced by sections 1–2 of the Criminal Finances Act 2017 and are governed by sections 362A–362T of Part 8 of the Proceeds of Crime Act 2002. Persons who fail to account are liable to have assets seized after an enforcement authority, such as the National Crime Agency (NCA), makes a successful appeal to the High Court. The power of UWOs in fighting money laundering lies in their reverse onus principle, however the orders are ineffective as soon as a defendant can provide an explanation for the source of their wealth. In the absence of evidence to the contrary, the defendant then wins the argument. Information obtained in the context of an UWO cannot be used in a criminal proceeding. The statutory and regulatory scheme for UWOs is set out in paragraphs 11–18 of ''Hajiyeva v National Crime Agency 020EWCA C ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminal Finances Act 2017
The Criminal Finances Act 2017 (c. 22) is an Act of the Parliament of the United Kingdom that amends the Proceeds of Crime Act 2002 to expand the provisions for confiscating funds to deal with terrorist property and proceeds of tax evasion. The Act received Royal Assent on 27 April 2017. According to its long title, the purpose of the Act is to: Part 3 of the Act creates the corporate offences of failure of a company or partnership to prevent facilitation of UK tax evasion and failure to prevent facilitation of foreign tax evasion offences. Technically these are two distinct offences, depending on whether the tax which is evaded is UK taxation or foreign taxation. Companies and partnerships are required to take 'reasonable' action to prevent the facilitation of tax evasion and Her Majesty's Revenue and Customs , patch = , patchcaption = , logo = HM Revenue & Customs.svg , logocaption = , badge = , badgecaption = ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hit And Run
In traffic laws, a hit and run or a hit-and-run is the act of causing a traffic collision and not stopping afterwards. It is considered a supplemental crime in most jurisdictions. Additional obligation In many jurisdictions, there may be an additional obligation to exchange information about one's financial responsibility (including any applicable insurance) or to summon emergency services if they are needed. There may also be requirement to leave a note containing pertinent information if the property owner is not present. History Hit-and-run laws were among the earliest traffic laws to be enacted after the invention of motor vehicles; they arose from the difficulties that early traffic collision victims faced in identifying perpetrators and bringing them to justice. Apart from the obvious ability of an automobile to flee the scene quickly (if still driveable), roads were unpaved and hence quite dusty, vehicles at the time did not have license plates, and drivers wore ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
