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Colour Of Right
Colour of right is the legal concept in the UK and other Commonwealth countries of an accused's permission to the usage or conversion of an asset in the possession of another. In New Zealand's Crimes Act, colour of right "means an honest belief that an act is justifiable...". Using this as a defence does not automatically guarantee an acquittal; however, it does diminish the mens rea component needed for a conviction. Example: Bram's friend lets him use his van to go to a party later that night. Neither Bram nor the van return the next day. Bram comes back five days later after using the van to go on a camping trip. Bram goes to court for theft. He argues that he thought that he had the right to use the van for the camping trip because he was allowed to use the van to go the party. The concept can also refer to a right, authority or power conferred on an official by way of a relationship between various statutory or regulatory instruments, where the official is granted a position ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Crimes Act 1961
The Crimes Act 1961 is an act of New Zealand Parliament that forms a leading part of the criminal law in New Zealand. It repeals the Crimes Act 1908, itself a successor of the Criminal Code Act 1893. Most crimes in New Zealand are created by the Crimes Act, but some are created elsewhere. All common law offences are abolished by section 9, as are all offences against acts of the British Parliaments, but section 20 saves the old common law defences where they are not specifically altered. The Crimes Act is administered by the Ministry of Justice. The act has 14 parts dealing with various issues including jurisdiction, punishments, "matters of justification and excuse", crimes against the public order, crimes affecting the administration of law and justice, "crimes against morality and decency, sexual crimes, and crimes against public welfare", "crimes against the person", property crimes, and "threatening, conspiring and attempting to commit and offense." Over the years, the le ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Acquittal
In common law jurisdictions, an acquittal certifies that the accused is free from the charge of an offense, as far as criminal law is concerned. The finality of an acquittal is dependent on the jurisdiction. In some countries, such as the United States, an acquittal operates to bar the retrial of the accused for the same offense, even if new evidence surfaces that further implicates the accused. The effect of an acquittal on criminal proceedings is the same whether it results from a jury verdict or results from the operation of some other rule that discharges the accused. In other countries, the prosecuting authority may appeal an acquittal similar to how a defendant may appeal a conviction. Scotland Scots law has two acquittal verdicts: ''not guilty'' and '' not proven''. However a verdict of "not proven" does not give rise to the double jeopardy rule. England and Wales In England and Wales, which share a common legal system, the Criminal Justice Act 2003 creates an ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mens Rea
In criminal law, (; Law Latin for "guilty mind") is the mental element of a person's intention to commit a crime; or knowledge that one's action (or lack of action) would cause a crime to be committed. It is considered a necessary element of many crimes. The standard common law test of criminal liability is expressed in the Latin phrase ,1 Subst. Crim. L. § 5.1(a) (3d ed.) i.e. "the act is not culpable unless the mind is guilty". As a general rule, someone who acted without mental fault is not liable in criminal law.". . . a person is not guilty of an offense unless he acted purposely, knowingly, recklessly or negligently, as the law may require, with respect to each material element of the offense." Model Penal Code § 2.02(1) Exceptions are known as strict liability crimes.21 Am. Jur. 2d Criminal Law § 127 Moreover, when a person intends a harm, but as a result of bad aim or other cause the intent is transferred from an intended victim to an unintended victim, the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Conviction (law)
In law, a conviction is the verdict reached by a court of law finding a defendant guilty of a crime. The opposite of a conviction is an acquittal (that is, "not guilty"). In Scotland, there can also be a verdict of " not proven", which is considered an acquittal. Sometimes, despite a defendant being found guilty, the court may order that the defendant not be convicted. This is known as a discharge and is used in countries such as England, Wales, Canada, Australia, and New Zealand. The criminal justice system is not perfect and there are instances in which guilty defendants are acquitted and innocent people are convicted. Appeal mechanisms and post conviction relief procedures may help to address this issue to some extent. An error leading to the conviction of an innocent person is known as a miscarriage of justice. After a defendant is convicted, the court determines the appropriate sentence as a punishment. In addition to the sentence, a conviction can also have othe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Statute
A statute is a formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by legislative bodies; they are distinguished from case law or precedent, which is decided by court A court is any person or institution, often as a government institution, with the authority to Adjudication, adjudicate legal disputes between Party (law), parties and carry out the administration of justice in Civil law (common law), civil, C ...s, and regulations issued by government agencies. Publication and organization In virtually all countries, newly enacted statutes are published and distributed so that everyone can look up the statutory law. This can be done in the form of a government gazette which may include other kinds of legal notices released by the government, or in the form of a series of books whose content is limite ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Regulation
Regulation is the management of complex systems according to a set of rules and trends. In systems theory, these types of rules exist in various fields of biology Biology is the scientific study of life. It is a natural science with a broad scope but has several unifying themes that tie it together as a single, coherent field. For instance, all organisms are made up of cells that process hereditar ... and society, but the term has slightly different meanings according to context. For example: * in biology, gene regulation and metabolic regulation allow living organisms to adapt to their environment and maintain homeostasis; * in government, typically regulation means stipulations of the delegated legislation which is drafted by subject-matter experts to enforce primary legislation; * in business, industry self-regulation occurs through self-regulatory organizations and trade associations which allow industries to set and enforce rules with less government involvement ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
New Zealand
New Zealand ( mi, Aotearoa ) is an island country in the southwestern Pacific Ocean. It consists of two main landmasses—the North Island () and the South Island ()—and over 700 List of islands of New Zealand, smaller islands. It is the List of island countries, sixth-largest island country by area, covering . New Zealand is about east of Australia across the Tasman Sea and south of the islands of New Caledonia, Fiji, and Tonga. The country's varied topography and sharp mountain peaks, including the Southern Alps, owe much to tectonic uplift and volcanic eruptions. New Zealand's Capital of New Zealand, capital city is Wellington, and its most populous city is Auckland. The islands of New Zealand were the last large habitable land to be settled by humans. Between about 1280 and 1350, Polynesians began to settle in the islands and then developed a distinctive Māori culture. In 1642, the Dutch explorer Abel Tasman became the first European to sight and record New Zealand. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fire Police
Fire police are fire brigade/company members who, based upon their jurisdictional authority, receive sworn police powers, special training, and support firefighting efforts at emergency incidents. In addition to securing firefighting equipment, incident and fire scenes, and the station itself, fire police perform traffic and crowd control. In some jurisdictions, fire police are exterior firefighters and may be called upon at fire scenes to perform any of the duties of an interior firefighter except those that require a self-contained breathing apparatus. On occasion, fire police also assist regular police: they perform road closures, traffic control, crowd control at public events, missing persons searches, parade details, salvage, security, and other miscellaneous tasks as requested. Duties Fire police are a fire brigade resource and answer to the officer in charge (OIC) of the fire brigade in attendance. However, special fire police officers in Pennsylvania, USA, are under ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fire Service
A fire department (American English) or fire brigade ( Commonwealth English), also known as a fire authority, fire district, fire and rescue, or fire service in some areas, is an organization that provides fire prevention and fire suppression services. Fire departments are most commonly a public sector organization that operate within a municipality, county, state, nation, or special district. Private and specialist firefighting organizations also exist, such as those for aircraft rescue and firefighting. A fire department contains one or more fire stations within its boundaries, and may be staffed by firefighters, who may be professional, volunteers, conscripts, or on-call. Combination fire departments employ a mix of professional and volunteer firefighters. Organization Fire departments are organized in a system of administration, services, training, and operations; for example: * Administration is responsible for supervision, budgets, policy, and human resource ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
New Zealand Fire Service
The New Zealand Fire Service ( mi, Whakaratonga Iwi, "Service to the People"; also known as the NZFS) was New Zealand's main firefighting body from 1 April 1976 until 1 July 2017 – at which point it was dissolved and incorporated into the new Fire and Emergency New Zealand. Legal Authority The NZFS was somewhat unusual, internationally, in that it had jurisdiction over the entire country with no division by region or city. It was the result of the New Zealand Fire Service Act (1975), which nationalised the various District-level brigades that had developed across the country. Responsibility The New Zealand Fire Service was predominantly configured as an Urban Fire & Rescue Service. The Fire Service Act placed responsibility on the NZFS for firefighting in gazetted Urban Fire Districts, totalling about 3% of New Zealand's land area but covering 85% of the country's population. The remainder of the land was covered by Rural Fire Authorities (RFAs) that acted under the Forest a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
