|
Presumption Of Advancement
The presumption of advancement is a presumption, legal presumption which arises in various List of national legal systems#Common law, common law jurisdictions in relation to the transfers of money or other property. Broadly, the presumption states that where a husband transfers property to his wife, or a father to his child or in loco parentis, someone to whom he has assumed parental responsibility, then in the absence of other evidence the court will presume that the transfer was by way of Gift (law), gift. In Australia it has also been held to apply to transfers from a male Engagement, fiancé to a female fiancée. In Hong Kong it has been suggested that it may also apply to an official Concubinage, concubine. In all other circumstances the transfer is presumed to be by way of loan (in the case of money) or subject to a presumed resulting trust in the case of other property. Sometimes, less commonly, the presumption is referred to in the reverse, in that all other transfers ar ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Presumption
In law, a presumption is an "inference of a particular fact". There are two types of presumptions: rebuttable presumptions and irrebuttable (or conclusive) presumptions. A rebuttable presumption will either shift the burden of production (requiring the disadvantaged party to produce some Evidence (law), evidence to the contrary) or the burden of proof (law), burden of proof (requiring the disadvantaged party to show the presumption is wrong); in short, a Trier of fact, fact finder can reject a rebuttable presumption based on other evidence. Conversely, a conclusive/irrebuttable presumption cannot be challenged by contradictory facts or evidence. Sometimes, a presumption must be triggered by a predicate fact—that is, the fact must be found before the presumption applies. History The ancient Jewish law code, the Talmud, included reasoning from presumptions (''hazakah''), propositions taken to be true unless there was reason to believe otherwise, such as "One does not ordinarily ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Law Commission (England And Wales)
In England and Wales the Law Commission () is an independent law commission set up by Parliament by the Law Commissions Act 1965 to keep the law of England and Wales under review and to recommend reforms. The organisation is headed by a Chair (a judge of the High Court or Court of Appeal, currently Sir Peter Fraser LJ) and four Law Commissioners. It proposes changes to the law that will make the law simpler, more accessible, fairer, modern and more cost-effective. It consults widely on its proposals and in the light of the responses to public consultation, it presents recommendations to the UK Parliament that, if legislated upon, would implement its law reform recommendations. The commission is part of the Commonwealth Association of Law Reform Agencies. Activities The Law Commissions Act 1965 requires the Law Commission to submit "programmes for the examination of different branches of the law" to the Lord Chancellor for his approval before undertaking new work. Every t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Private Members' Bills In The Parliament Of The United Kingdom
Private or privates may refer to: Music * "In Private", by Dusty Springfield from the 1990 album ''Reputation'' * Private (band), a Denmark-based band * "Private" (Ryōko Hirosue song), from the 1999 album ''Private'', written and also recorded by Ringo Sheena * "Private" (Vera Blue song), from the 2017 album ''Perennial'' Literature * ''Private'' (novel), 2010 novel by James Patterson * ''Private'' (novel series), young-adult book series launched in 2006 Film and television * ''Private'' (film), 2004 Italian film * ''Private'' (web series), 2009 web series based on the novel series * ''Privates'' (TV series), 2013 BBC One TV series * Private, a penguin character in ''Madagascar'' Other uses * Private (rank), a military rank * ''Privates'' (video game), 2010 video game * Private (rocket), American multistage rocket * Private Media Group, Swedish adult entertainment production and distribution company * ''Private (magazine)'', flagship magazine of the Private Media Gro ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Equality Act 2010
The Equality Act 2010 (c. 15) is an act of Parliament of the United Kingdom passed during the Brown ministry with the primary purpose of consolidating, updating and supplementing the numerous prior Acts and Regulations, that formed the basis of anti-discrimination law in mostly England, Scotland and Wales; some sections also apply to Northern Ireland. These consisted, primarily, of the Equal Pay Act 1970, the Sex Discrimination Act 1975, the Race Relations Act 1976, the Disability Discrimination Act 1995 and three major statutory instruments protecting against discrimination in employment on grounds of sexual orientation, age, and religion or belief. The act protects people against discrimination, harassment or victimisation in employment, and as users of private and public services based on these protected characteristics: age, disability, sex, sexual orientation, marriage and civil partnership, gender reassignment, pregnancy and maternity, race, and religion or belief. Th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of Canada
The Supreme Court of Canada (SCC; , ) is the highest court in the judicial system of Canada. It comprises nine justices, whose decisions are the ultimate application of Canadian law, and grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts. The Supreme Court is bijural, hearing cases from two major legal traditions (common law and civil law) and bilingual, hearing cases in both official languages of Canada (English and French). The effects of any judicial decision on the common law, on the interpretation of statutes, or on any other application of law, can, in effect, be nullified by legislation, unless the particular decision of the court in question involves application of the Canadian Constitution, in which case, the decision (in most cases) is completely binding on the legislative branch. This is especially true of decisions which touch upon the ''Canadian Charter of Rights and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Appeal (Hong Kong)
The Court of Appeal of the High Court of Hong Kong (commonly cited as "CA" or "HKCA") is the second most senior court in the Hong Kong legal system. It deals with appeals on all civil law (common law), civil and criminal law, criminal cases from the Court of First Instance of Hong Kong, Court of First Instance and the District Court of Hong Kong, District Court. It is one of two courts that make up the High Court of Hong Kong (which was formerly known as the Supreme Court of Hong Kong). Sometimes criminal appeals from Magistrates' Courts (Hong Kong), Magistrates' Courts with general public importance are also dealt with in the Court of Appeal, either by referral by a single judge from the Court of First Instance, or upon granting of leave on application for review by the Secretary for Justice (Hong Kong), Secretary for Justice. This court also hears appeals from the Lands Tribunal (Hong Kong), Lands Tribunal and various tribunals and statutory bodies. History Before 1976 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Charles Hodson, Baron Hodson
Francis Lord Charlton Hodson, Baron Hodson, (17 September 1895 – 11 March 1984), also known as Charles Hodson, was a British judge who served as Lord of Appeal in Ordinary from 1960 to 1971. Biography Charles, as he was always known, was the son of Rev. Thomas Hodson, rector of Oddington, Gloucestershire, and Catherine Anne (''née'' Maskew), he was born in Cheltenham, Gloucestershire, and educated at Cheltenham College and Wadham College, Oxford. His university studies were interrupted by the First World War, during which he served with the 7th Battalion, Gloucestershire Regiment in Gallipoli and Mesopotamia, being wounded several times. He received the Military Cross for his action during the Siege of Kut with the following citation: For conspicuous gallantry and devotion to duty. He led his company most gallantly against a strong enemy redoubt, being twice wounded, and refused to be brought in till the wounded round him had been evacuated. After the war, Hodson fi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pettitt V Pettitt
''Pettitt v Pettitt'' 970AC 777 is a leading English trusts law case, concerning the presumption of advancement and a spouse's equitable interest in the matrimonial home. Facts In Pettitt, the wife had used her own money to buy a house during the marriage, meaning the title to the house had been in the wife's name, and both she and her husband resided therein until the wife left the husband. The husband claimed that he had carried out a considerable number of improvements to the house and garden. These improvements consisted of internal decoration work, building a wardrobe, laying a lawn and constructing an ornamental wall and a side wall in the garden. By virtue of these efforts the husband sought a beneficial interest in the proceeds of sale of the property. Judgment In the course of his judgment, Lord Diplock said, "It would, in my view, be an abuse of the legal technique for ascertaining or imputing intention to apply to transactions between the post-war generation of ma ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rebuttable Presumption
In law, a presumption is an "inference of a particular fact". There are two types of presumptions: rebuttable presumptions and irrebuttable (or conclusive) presumptions. A rebuttable presumption will either shift the burden of production (requiring the disadvantaged party to produce some evidence to the contrary) or the burden of proof (requiring the disadvantaged party to show the presumption is wrong); in short, a fact finder can reject a rebuttable presumption based on other evidence. Conversely, a conclusive/irrebuttable presumption cannot be challenged by contradictory facts or evidence. Sometimes, a presumption must be triggered by a predicate fact—that is, the fact must be found before the presumption applies. History The ancient Jewish law code, the Talmud, included reasoning from presumptions (''hazakah''), propositions taken to be true unless there was reason to believe otherwise, such as "One does not ordinarily pay a debt before term." The same concept was fou ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sydney Law Review
The ''Sydney Law Review'' is a peer-reviewed generalist law journal established in 1953 and published by the Sydney Law School. The Review features original peer-reviewed articles, the 'Before the High Court' column, and review essays and book reviews commissioned by the Editorial Board. Students enrolled in the Sydney Law Review unit of study have the opportunity to publish case notes and law reform comments in the journal. References External links * * Sydney Law School, University of Sydney Sydney Law Review archive on AustLII Australasian Legal Information Institute The Australasian Legal Information Institute (AustLII) is an institution operated jointly by the Faculties of Law of the University of Technology Sydney and the University of New South Wales. Its public policy purpose is to improve access to just ... Australian law journals Quarterly journals English-language journals Academic journals established in 1953 {{law-journal-stub ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
New Law Journal
''New Law Journal'' (NLJ) is a British weekly legal magazine for legal professionals, first published in 1822. It provides information on case law, legislation and changes in practice. It is funded by subscription and generally available to most of the legal profession. History It was established in 1822 as ''Law Journal''. It was amalgamated with ''Law Times'' to become ''New Law Journal'' in 1965. From 1947 to 1965 Butterworths published two weekly journals – the ''Law Journal'' and the ''Law Times''. These were different in style and readership, but there was a strong case for rationalisation. Largely at the urging of Richard Millett when he was chairman, the two were amalgamated at the ''New Law Journal''. Tom Harper, till the then the editors of the ''Law Society Gazette'', agreed to become the first editor in chief, editor of the new journal. Jan Miller became editor of the journal at the end of 2007. Features Each issue of ''NLJ'' normally contains about 25 pages of editor ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
List Of National Legal Systems
The contemporary national legal systems are generally based on one of four major legal traditions: civil law, common law, customary law, religious law or combinations of these. However, the legal system of each country is shaped by its unique history and so incorporates individual variations. The science that studies law at the level of legal systems is called comparative law. Both ''civil'' (also known as ''Roman'') and ''common'' law systems can be considered the most widespread in the world: civil law because it is the most widespread by landmass and by population overall, and common law because it is employed by the greatest number of people compared to any single civil law system. Civil law The source of law that is recognized as authoritative is codifications in a constitution or statute passed by legislature, to amend a code. While the concept of codification dates back to the Code of Hammurabi in Babylon ca. 1790 BC, civil law systems derive from the Roman Empir ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
