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S V Williams
''S v Williams'',1986 (4) SA 1188 (A). an important case in South African law, with significant implications specifically for the law of persons and criminal law, was heard in the Appellate Division of the Supreme Court on 19 September 1986, with judgment handed down on 30 September. The bench comprised Chief Justice Rabie and Judges of Appeal Corbett, Hoexter, Botha and Van Heerden, who found that, when a person is kept alive artificially by means of respirator, its eventual disconnection is not in legal terms the act which causes death; it merely constitutes the termination of a fruitless attempt to avert the consequences of the wounding. The causal connection between the wounding and the eventual death exists from beginning to end, in other words; it is not interrupted by the disconnection of the respirator. The court avoided the question of whether or not brain death, in line with medical science, should amount to legal death. Facts The accused had broken into the home of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
South African Law Reports
Case citation is a system used by legal professionals to identify past court case decisions, either in series of books called reporters or law reports, or in a neutral style that identifies a decision regardless of where it is reported. Case citations are formatted differently in different jurisdictions, but generally contain the same key information. A legal citation is a "reference to a legal precedent or authority, such as a case, statute, or treatise, that either substantiates or contradicts a given position." Where cases are published on paper, the citation usually contains the following information: * Court that issued the decision * Report title * Volume number * Page, section, or paragraph number * Publication year In some report series, for example in England, Australia and some in Canada, volumes are not numbered independently of the year: thus the year and volume number (usually no greater than 4) are required to identify which book of the series has the case reported ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Artificial Respiration
Artificial ventilation or respiration is when a machine assists in a metabolic process to exchange gases in the body by pulmonary ventilation, external respiration, and internal respiration. A machine called a ventilator provides the person air manually by moving air in and out of the lungs when an individual is unable to breathe on their own. The ventilator prevents the accumulation of carbon dioxide so that the lungs don't collapse due to the low pressure. The use of artificial ventilation can be traced back to the seventeenth century. There are three ways of exchanging gases in the body: manual methods, mechanical ventilation, and neurostimulation. Here are some key words used throughout the article. The process of forcing air into and out of the lungs is known as ventilation. The process by which oxygen is taken in by the bloodstream is called oxygenation. Lung compliance is the capacity of the lungs to contract and expand. The obstruction of airflow via the respiratory trac ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Appellate Division (South Africa) Cases
Appellate Division may refer to: * Bangladesh Supreme Court, Appellate Division * New York Supreme Court, Appellate Division * New Jersey Superior Court, Appellate Division The New Jersey Superior Court, Appellate Division (in case citation, N.J. Super. Ct. App. Div) is the intermediate appellate court in New Jersey. "The Appellate Division of New Jersey's Superior Court is the first level appellate court, with ap ... See also * Supreme Court of Prince Edward Island#Appeal_Division * Court of Appeal (other) * Court of Appeals (other) * State court (United States)#Nomenclature {{disambig ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1986 In Case Law
The year 1986 was designated as the International Year of Peace by the United Nations. Events January * January 1 ** Aruba gains increased autonomy from the Netherlands by separating from the Netherlands Antilles. ** Spain and Portugal enter the European Community, which becomes the European Union in 1993. * January 11 – The Sir Leo Hielscher Bridges, Gateway Bridge in Brisbane, Australia, at this time the world's longest prestressed concrete free-cantilever bridge, is opened. * January 13–January 24, 24 – South Yemen Civil War. * January 20 – The United Kingdom and France announce plans to construct the Channel Tunnel. * January 24 – The Voyager 2 space probe makes its first encounter with Uranus. * January 25 – Yoweri Museveni's National Resistance Army Rebel group takes over Uganda after leading a Ugandan Bush War, five-year guerrilla war in which up to half a million people are believed to have been killed. They will later use January 26 as the official date ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Murder
Murder is the unlawful killing of another human without justification (jurisprudence), justification or valid excuse (legal), excuse committed with the necessary Intention (criminal law), intention as defined by the law in a specific jurisdiction (area), jurisdiction. ("The killing of another person without justification or excuse, especially the crime of killing a person with malice aforethought or with recklessness manifesting extreme indifference to the value of human life.") This state of mind may, depending upon the jurisdiction, distinguish murder from other forms of unlawful homicide, such as manslaughter. Manslaughter is killing committed in the absence of Malice (law), ''malice'',This is "malice" in a technical legal sense, not the more usual English sense denoting an emotional state. See malice (law). such as in the case of voluntary manslaughter brought about by reasonable Provocation (legal), provocation, or diminished capacity. Involuntary manslaughter, ''Invol ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Law Of Persons In South Africa
The law of persons in South Africa regulates the birth, private-law status and the death of a natural person. It determines the requirements and qualifications for legal subjectivity (''aka'' legal personality) in South Africa, and the rights and responsibilities that attach to it. Objective and subjective law As a discipline, the law of persons forms part of South Africa's positive law, or the norms and rules which order the conduct or misconduct of the citizens. Objective law is distinguished from law in the subjective sense, which is 'a network of legal relationships and messes among legal subjects',Kruger & Skelton 12. and which deals with rights,Davel & Jordaan 2. or 'the claim that a legal subject has on a legal object'. These relationships may be divided into two broad types: # The subject-subject relationship, between the bearer of the right and other legal subjects. This comprises both a right and an obligation: 'The legal subject's right exists against all other lega ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Death
Death is the end of life; the irreversible cessation of all biological functions that sustain a living organism. Death eventually and inevitably occurs in all organisms. The remains of a former organism normally begin to decompose shortly after death. Some organisms, such as '' Turritopsis dohrnii'', are biologically immortal; however, they can still die from means other than aging. Death is generally applied to whole organisms; the equivalent for individual components of an organism, such as cells or tissues, is necrosis. Something that is not considered an organism, such as a virus, can be physically destroyed but is not said ''to die'', as a virus is not considered alive in the first place. As of the early 21st century, 56 million people die per year. The most common reason is aging, followed by cardiovascular disease, which is a disease that affects the heart or blood vessels. As of 2022, an estimated total of almost 110 billion humans have died, or rou ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Brain Death
Brain death is the permanent, irreversible, and complete loss of Electroencephalography, brain function, which may include cessation of involuntary activity (e.g., Control of ventilation#Control of respiratory rhythm, breathing) necessary to sustain life. It differs from persistent vegetative state, in which the person is alive and some autonomic functions remain. It is also distinct from comas as long as some brain and bodily activity and function remain, and it is also not the same as the condition locked-in syndrome. A differential diagnosis can medically distinguish these differing conditions. Brain death is used as an indicator of legal death in many jurisdictions, but it is Medical definition of death, defined inconsistently and often confused by the public. Various parts of the brain may keep functioning when others do not anymore, bringing questions about whether they should truly be considered dead. The term "brain death" has been used to refer to various combinations. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cape Provincial Division
The Western Cape Division of the High Court of South Africa (previously named the Cape Provincial Division and the Western Cape High Court, and commonly known as the Cape High Court) is a superior court of law with general jurisdiction over the Western Cape province of South Africa (except for the Murraysburg district which falls within the jurisdiction of the Eastern Cape Division). The division, which sits at Cape Town, consists of 31 judges led by Acting Judge President Patricia Goliath, former Acting Constitutional Court Justice. History The origins of the Western Cape Division lie in the Supreme Court of the Colony of the Cape of Good Hope, which was established on 1 January 1828 as the highest court of the Cape Colony. It was created by the First Charter of Justice, letters patent issued by George IV on 24 August 1827. Upon the creation of the Union of South Africa in 1910, the Supreme Court of the Cape Colony was transformed by the South Africa Act 1909 into the Cap ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
South Africa
South Africa, officially the Republic of South Africa (RSA), is the Southern Africa, southernmost country in Africa. Its Provinces of South Africa, nine provinces are bounded to the south by of coastline that stretches along the Atlantic Ocean, South Atlantic and Indian Ocean; to the north by the neighbouring countries of Namibia, Botswana, and Zimbabwe; to the east and northeast by Mozambique and Eswatini; and it encloses Lesotho. Covering an area of , the country has Demographics of South Africa, a population of over 64 million people. Pretoria is the administrative capital, while Cape Town, as the seat of Parliament of South Africa, Parliament, is the legislative capital, and Bloemfontein is regarded as the judicial capital. The largest, most populous city is Johannesburg, followed by Cape Town and Durban. Cradle of Humankind, Archaeological findings suggest that various hominid species existed in South Africa about 2.5 million years ago, and modern humans inhabited the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Novus Actus Interveniens
Breaking the chain (or ''novus actus interveniens'', literally ''new intervening act'') refers in English law to the idea that causal connections are deemed to finish. Even if the defendant can be shown to have acted negligently, there will be no liability if some new intervening act breaks the chain of causation between that negligence and the loss or damage sustained by the claimant. Discussion Where there is only a single operative cause for the loss and damage suffered by the claimant, it is a relatively simple matter to determine whether that cause was a breach of the duty of care owed to the claimant by the defendant. But where the sequence of events leading to the loss and damage comprises more than one cause, the process of separating and attributing potential or actual liability is more complicated. Act of God and other natural events as contributing causes Where there are several potential causes of harm, some of which are tortious and some of which are natural, th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
