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Necessity In English Law
In English law, the defence of necessity recognises that there may be situations of such overwhelming urgency that a person must be allowed to respond by breaking the law. There have been very few cases in which the defence of necessity has succeeded, and in general terms there are very few situations where such a defence could even be applicable. The defining feature of such a defence is that the situation is not caused by another person (which would fall under either duress or self-defence) and that the accused was in genuine risk of immediate harm or danger. For the most part crimes that could be justified as necessary are minor in nature, such as driving over the speed limit to reach medical care, or damaging property to escape a fire. In almost all cases where a serious crime has taken place, necessity is unlikely to be a successful defence as courts have mostly taken the view that directly harming another person could not be justified even by extreme circumstances unless it ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Law
English law is the common law list of national legal systems, legal system of England and Wales, comprising mainly English criminal law, criminal law and Civil law (common law), civil law, each branch having its own Courts of England and Wales, courts and Procedural law, procedures. The judiciary is judicial independence, independent, and legal principles like Procedural justice, fairness, equality before the law, and the right to a fair trial are foundational to the system. Principal elements Although the common law has, historically, been the foundation and prime source of English law, the most authoritative law is statutory legislation, which comprises Act of Parliament, Acts of Parliament, Statutory Instrument, regulations and by-laws. In the absence of any statutory law, the common law with its principle of ''stare decisis'' forms the residual source of law, based on judicial decisions, custom, and usage. Common law is made by sitting judges who apply both United Kingdom l ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Burglary
Burglary, also called breaking and entering (B&E) or housebreaking, is a property crime involving the illegal entry into a building or other area without permission, typically with the intention of committing a further criminal offence. Usually that offence is theft, larceny, robbery, or murder, but most jurisdictions include others within the ambit of burglary. To commit burglary is to ''burgle'', a term back-formed from the word ''burglar'', or to ''burglarize''. Etymology Sir Edward Coke (1552–1634) explains at the start of Chapter 14 in the third part of '' Institutes of the Lawes of England'' (pub. 1644), that the word ''Burglar'' ("or the person that committeth burglary"), is derived from the words ''burgh'' and ''laron'', meaning ''house-thieves''. A note indicates he relies on the ''Brooke's case'' for this definition. According to one textbook, the etymology originates from Anglo-Saxon or Old English, one of the Germanic languages. (Perhaps paraphrasing Sir Edward ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Surgical Separation)
Surgery is a medical specialty that uses manual and instrumental techniques to diagnose or treat pathological conditions (e.g., trauma, disease, injury, malignancy), to alter bodily functions (e.g., malabsorption created by bariatric surgery such as gastric bypass), to reconstruct or alter aesthetics and appearance ( cosmetic surgery), or to remove unwanted tissues (body fat, glands, scars or skin tags) or foreign bodies. The act of performing surgery may be called a surgical procedure or surgical operation, or simply "surgery" or "operation". In this context, the verb "operate" means to perform surgery. The adjective surgical means pertaining to surgery; e.g. surgical instruments, surgical facility or surgical nurse. Most surgical procedures are performed by a pair of operators: a surgeon who is the main operator performing the surgery, and a surgical assistant who provides in-procedure manual assistance during surgery. Modern surgical operations typically require a surgical ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Inhuman Or Degrading Treatment
Cruel, inhuman or degrading treatment (CIDT) is treatment of persons which is contrary to human rights or dignity, but is not classified as torture. It is forbidden by the Universal Declaration of Human Rights, Article 3 of the European Convention on Human Rights, the United Nations Convention against Torture and the International Covenant on Civil and Political Rights. Although a distinction between torture and CIDT is maintained from a legal point of view, medical and psychological studies have found that this distinction is virtually nonexistent from a psychological point of view, and that people subjected to CIDT experience the same consequences as survivors of torture. Based on this research, some practitioners have recommended abolishing the distinction. Inhuman treatment The Equality and Human Rights Commission defines inhuman treatment as: * serious physical assault * psychological interrogation * cruel detention conditions or restraints * physical or psychological abuse ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Appeal Of England And Wales
The Court of Appeal (formally "His Majesty's Court of Appeal in England", commonly cited as "CA", "EWCA" or "CoA") is the highest court within the Senior Courts of England and Wales, and second in the legal system of England and Wales only to the Supreme Court of the United Kingdom. The Court of Appeal was created in 1875, and today comprises 39 Lord Justices of Appeal and Lady Justices of Appeal. The court has two divisions, Criminal and Civil, led by the Lady Chief Justice and the Master of the Rolls respectively. Criminal appeals are heard in the Criminal Division, and civil appeals in the Civil Division. The Criminal Division hears appeals from the Crown Court, while the Civil Division hears appeals from the County Court, High Court of Justice and Family Court. Permission to appeal is normally required from either the lower court or the Court of Appeal itself; and with permission, further appeal may lie to the Supreme Court. Its decisions are binding on all courts, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Medical Necessity
Medical necessity is a legal doctrine in the United States related to activities that may be justified as reasonable, necessary, and/or appropriate based on evidence-based clinical standards of care. In contrast, unnecessary health care lacks such justification. Other countries may have medical doctrines or legal rules covering broadly similar grounds. The term clinical medical necessity is also used. Implementations of doctrine Medicare Medicare pays for medical items and services that are "reasonable and necessary" or "appropriate" for a variety of purposes. By statute, Medicare may pay only for items and services that are "reasonable and necessary for the diagnosis or treatment of illness or injury or to improve the functioning of a malformed body member" unless there is another statutory authorization for payment. Medicare has a number of policies that describe coverage criteria, including National Coverage Determinations (NCDs) and Local Coverage Determinations (LC ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Morals
Morality () is the categorization of intentions, decisions and actions into those that are ''proper'', or ''right'', and those that are ''improper'', or ''wrong''. Morality can be a body of standards or principles derived from a code of conduct from a particular philosophy, religion or culture, or it can derive from a standard that is understood to be universal. Morality may also be specifically synonymous with "goodness", "appropriateness" or "rightness". Moral philosophy includes meta-ethics, which studies abstract issues such as moral ontology and moral epistemology, and normative ethics, which studies more concrete systems of moral decision-making such as deontological ethics and consequentialism. An example of normative ethical philosophy is the Golden Rule, which states: "One should treat others as one would like others to treat oneself." Immorality is the active opposition to morality (i.e., opposition to that which is good or right), while amorality is variously defi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Necessary In A Democratic Society
"Necessary in a democratic society" is a test found in Articles 8–11 of the European Convention on Human Rights, which provides that the state may impose restrictions of these rights only if such restrictions are "necessary in a democratic society" and proportional to the legitimate aims enumerated in each article. According to the Council of Europe's handbook on the subject, the phrase is "arguably one of the most important clauses in the entire Convention". Indeed, the Court has itself written that "the concept of a democratic society... prevails throughout the Convention". The purpose of making such claims justiciable is to ensure that the restriction is actually necessary, rather than enacted for political expediency, which is not allowed. Articles 8–11 of the convention are those that protect right to family life, freedom of religion, freedom of speech, and freedom of association respectively. Along with the other tests which are applied to these articles, the restri ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
European Convention On Human Rights
The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is a Supranational law, supranational convention to protect human rights and political freedoms in Europe. Drafted in 1950 by the newly formed Council of Europe,The Council of Europe should not be confused with the Council of the European Union or the European Council. the convention entered into force on 3 September 1953. All Member states of the Council of Europe, Council of Europe member states are party to the convention and new members are expected to ratify the convention at the earliest opportunity. The convention established the European Court of Human Rights (generally referred to by the initials ECtHR). Any person who feels their rights have been violated under the convention by a state party can take a case to the court. Judgments finding violations are binding on the states concerned and they are obliged to execute them. The Committee o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Misuse Of Drugs Act 1971
The Misuse of Drugs Act 1971 (c. 38) is an act of the Parliament of the United Kingdom. It represents action in line with treaty commitments under the Single Convention on Narcotic Drugs, the Convention on Psychotropic Substances, and the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances. Offences under the act include: * Possession of a controlled drug unlawfully * Possession of a controlled drug with intent to supply it * Supplying or offering to supply a controlled drug (even where no charge is made for the drug) * Allowing premises you occupy or manage to be used unlawfully for the purpose of producing or supplying controlled drugs The act establishes the Home Secretary as the principal authority in a drug licensing system. Therefore, for example, various opiates are available legally as prescription-only medicines, and cannabis (hemp) may be grown under licence for 'industrial purposes'. The ( SI 2001/3998), created unde ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Prima Facie
''Prima facie'' (; ) is a Latin expression meaning "at first sight", or "based on first impression". The literal translation would be "at first face" or "at first appearance", from the feminine forms of ' ("first") and ' ("face"), both in the ablative case. In modern, colloquial, and conversational English, a common translation would be "on the face of it". The term ''prima facie'' is used in modern legal English (including both civil law and criminal law) to signify that upon initial examination, sufficient corroborating evidence appears to exist to support a case. In common law jurisdictions, a reference to ''prima facie evidence'' denotes evidence that, unless rebutted, would be sufficient to prove a particular proposition or fact. The term is used similarly in academic philosophy. Most legal proceedings, in most jurisdictions, require a ''prima facie'' case to exist, following which proceedings may then commence to test it, and create a ruling. The similar ''ex facie'', ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cannabis (drug)
Cannabis (), commonly known as marijuana (), weed, pot, and ganja, List of slang names for cannabis, among other names, is a non-chemically uniform psychoactive drug from the ''Cannabis'' plant. Native to Central or South Asia, cannabis has been used as a drug for both recreational and Entheogenic use of cannabis, entheogenic purposes and in various traditional medicines for centuries. Tetrahydrocannabinol (THC) is the main psychoactive component of cannabis, which is one of the 483 known compounds in the plant, including at least 65 other cannabinoids, such as cannabidiol (CBD). Cannabis can be used Cannabis smoking, by smoking, Vaporizer (inhalation device), vaporizing, Cannabis edible, within food, or Tincture of cannabis, as an extract. Cannabis has effects of cannabis, various mental and physical effects, which include euphoria, altered states of mind and Cannabis and time perception, sense of time, difficulty concentrating, Cannabis and memory, impaired short-term memo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
