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In English law the prosecution must prove the guilt of a criminal “ beyond reasonable doubt ”; but the plaintiff in a civil action is required to prove his case “ on the balance of probabilities ”.
Some Related Sentences
English and law
To him, law is the command of the sovereign ( the English monarch ) who personifies the power of the nation, while sovereignty is the power to make law -- i.e., to prevail over internal groups and to be free from the commands of other sovereigns in other nations.
An appellate court, commonly called an appeals court or court of appeals ( American English ) or appeal court ( British English ), is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal.
In 1805, English instructor and natural philosopher John Dalton used the concept of atoms to explain why elements always react in ratios of small whole numbers ( the law of multiple proportions ) and why certain gases dissolved better in water than others.
In English law, s58 Children Act 2004, limits the availability of the lawful correction defense to common assault under s39 Criminal Justice Act 1988.
Some jurisdictions allow force to be used in defense of property, to prevent damage either in its own right, or under one or both of the preceding classes of defense in that a threat or attempt to damage property might be considered a crime ( in English law, under s5 Criminal Damage Act 1971 it may be argued that the defendant has a lawful excuse to damaging property during the defense and a defense under s3 Criminal Law Act 1967 ) subject to the need to deter vigilantes and excessive self-help.
About a fifth of the law code is taken up by Alfred's introduction, which includes translations into English of the Decalogue, a few chapters from the Book of Exodus, and the " Apostolic Letter " from Acts of the Apostles ( 15: 23 – 29 ).
Theodism is focused on the lore, beliefs and social structure-particularly the concept of thew ( Old English þeaw ) or " customary law "-of various specific Germanic tribes.
Administrative law, as laid down by the Supreme Court of India, has also recognized two more grounds of judicial review which were recognized but not applied by English Courts viz.
The powers to review administrative decisions are usually established by statute, but were originally developed from the royal prerogative writs of English law, such as the writ of mandamus and the writ of certiorari.
In many legal jurisdictions related to English common law, affray is a public order offence consisting of the fighting of two or more persons in a public place to the terror ( in ) of ordinary people ( the lieges ).
In the United States the English common law as to affray applies, subject to certain modifications by the statutes of particular states.
In English law, black letter law is a term used to describe those areas of law characterized by technical rules, rather than those areas of law characterized by having a more conceptual basis.
Barbadian law is rooted historically on English common law, and the Constitution of Barbados implemented in 1966, is supreme law of the land.
The Statute of Bankrupts of 1542 was the first statute under English law dealing with bankruptcy or insolvency.
Under English law, successive versions of Table A have reinforced the norm that, unless the directors are acting contrary to the law or the provisions of the Articles, the powers of conducting the management and affairs of the company are vested in them.
English and prosecution
In at least one English trial the misuse or misunderstanding or mis-presentation by the Crown prosecution of statistics has led to wrongful conviction.
Also the English A-G has no direct equivalent, as the function of legal adviser to the government does not exist as such, and we find part of it responsibilities in the Avvocato Generale dello Stato, who is in charge of representing the State in any civil, criminal or administrative lawsuit, but not in charge of prosecution.
* It restored the use of the French civil law for private matters while maintaining the use of the English common law for public administration, including criminal prosecution.
Although some systems, including the English and French, allow private persons to bring a criminal prosecution against another person, prosecutions are nearly always started by the state, in order to punish the defendant.
On 18 January 2002, at Truro Crown Court, after the prosecution successfully applied for a Public Immunity Certificate in order to suppress defence evidence ( these are normally issued in cases involving national security ), three members of the group agreed to return the signs and pay £ 4, 500 in compensation to English Heritage and to be bound over to keep the peace.
The first English translation by Henry Vizetelly was published in 1886 and extensively revised ( to meet Victorian standards of propriety and avoid prosecution for issuing an indecent publication ) by Ernest Vizetelly in 1898, issued under the title The Fortune of the Rougons by Chatto and Windus.
Nevertheless, we cannot but humbly recommend unto the government, the speedy and vigorous prosecution of such as have rendered themselves obnoxious, according to the direction given in the laws of God, and the wholesome statutes of the English nation, for the detection of witchcrafts.
In 1774, as a result of a ruling by the British courts in Campbell v Hall about the status of legal systems found in acquired territories, the British Parliament passed the Quebec Act which restored the former French civil law for private law while keeping and reserving English common law for public law including criminal prosecution.
This element, commonly called the English Rule, states that, in addition to fulfilling all other malicious prosecution elements, one must also prove injury other than the normal downside of being sued.
Among other components, this act restored the use of the French civil law for private matters while maintaining the use of the English common law for public administration ( including criminal prosecution ), replaced the oath of allegiance so that it no longer made reference to the Protestant faith, and guaranteed free practice of the Catholic faith.
Testimony in a resulting prosecution over the term demonstrated that in Old English, the word referred to a priest, and could also be used to mean " nonsense ".
Although he could only be tried for the murder of Bessie Williams in accordance with English law, the prosecution used the deaths of the other two to establish the pattern of Smith's crimes ; this was allowed by Mr Justice Scrutton despite the protests of Smith's counsel, Sir Edward Marshall Hall.
Maybe the most obvious sign of Restoration theatre ’ s death came with the nolle prosequi ( immunity from prosecution for earlier offenses ) granted to Collier by William III ( for A Short View of the Immorality and Profaneness of the English Stage ) ( Cordner 210 ).
Throughout the web of the English Criminal Law one golden thread is always to be seen that it is the duty of the prosecution to prove the prisoner's guilt subject to what I have already said as to the defence of insanity and subject also to any statutory exception.
The cases surrounding the incident set a precedent for the prosecution of corporations in cases of manslaughter and criminal negligence in English law.
Sir Moses I. Finley CBE, FBA ( May 20, 1912 – June 23, 1986 ) was an American professor, whose prosecution by the McCarran Security Committee led to his move to England, where be became English classical scholar and eventually master of Darwin College, Cambridge.
English and must
He was almost positive it was not Assyrian nor Cassite, and imagined it must have been German or English.
The Hindi alphabet must represent both Sanskrit and modern vocabulary, and so has been expanded to 58 with the khutma letters ( letters with a dot added ) to represent sounds from Persian and English.
The term allegiance was traditionally often used by English legal commentators in a larger sense, divided by them into natural and local, the latter applying to the deference which even a foreigner must pay to the institutions of the country in which he happens to live.
As nothing cannot be known by any means or method it must mean, in the context of the question, that a specific named object is present or not present in the observer's experience of a set of objects, conditions for which English uses " is " or " is not.
The main sects ( see also English Dissenters ) were Baptists, who advocated adult rebaptism ; Ranters, who claimed that sin did not exist for the " chosen ones "; and Fifth Monarchy Men, who opposed all " earthly " governments, believing they must prepare for God's kingdom on earth by establishing a " government of saints ".
Also, in Chapter XI ( entitled ' How to compare two different Systems of Laws ') of Book XXIX he advises that " to determine which of those systems the French and English systems for the punishment of false witnesses is most agreeable to reason, we must take them each as a whole and compare them in their entirety.
Given that a natural language such as English contains, at any given time, a finite number of words, any comprehensive list of definitions must either be circular or rely upon primitive notions.
English scholar Russell Martineau, who had studied under Bopp, gave the following tribute: “ Bopp must, more or less, directly or indirectly, be the teacher of all who at the present day study, not this language or that language, but language itself — study it either as a universal function of man, subjected, like his other mental or physical functions, to law and order, or else as an historical development, worked out by a never ceasing course of education from one form into another .”
But relations between them did turn tense in the year 1617 when Sir Thomas Roe the Elizabethan diplomat warned the Mughal Emperor Jahangir that if the young and charismatic son Prince Shah Jahan, the newly instated as the Subedar of Gujarat had turned the English out of the province, " then he must expect we would do our justice upon the seas ".
When he later studied English, he decided that the international language must have a simpler grammar.
Webster rejected the notion that the study of Greek and Latin must precede the study of English grammar.
* The English Channel was to be swept of British mines at the crossing points, and the Strait of Dover must be blocked at both ends by German mines.
* War must never be seen as having any purpose in itself, but should be seen as an instrument of Politik -- a German word that conflates the meanings of the English words policy and politics: " War is not merely a political act, but also a real political instrument, a continuation of political commerce, a carrying out of the same by other means.
To take another example, the minimal pair tip and dip illustrates that in English, and belong to separate phonemes, and ; since these two words have different meanings, English speakers must be conscious of the distinction between the two sounds.
The palaeographer must know, first, the language of the text ( that is, a 21st-century English or French speaker must become expert in the relevant earlier forms of these languages ); and second, the historical usages of various styles of handwriting, common writing customs, and scribal / notarial abbreviations.
Warranty claims commonly require privity between the injured party and the manufacturer or seller ; in plain English, this means they must be dealing with each other directly.
Except in exceptional circumstances, subjects taken must include Irish ( L1 ), English ( L2 ), a foreign language ( L3 ) and Mathematics.
Let the Government labour to its utmost, let the Legislature labour days and nights in your service ; but, after the very best has been attained and achieved, the question whether the English father is to be the father of a happy family and the centre of a united home is a question which must depend mainly upon himself.
In many languages other than English, such valency changes are not possible ; the verb must instead be inflected in order to change the valency.
Humphry Davy, an English chemist was among the first to expound on the chemical basis of soil fertility and wrote in 1813: “ If land be unproductive, and a system of ameliorating it is to be attempted, the sure method of obtaining the object is to determine the cause of the sterility, which must necessarily depend upon some defect in the constitution of the soil, which may be easily discovered by chemical analysis .” His ideas were not immediately accepted.
* Voices tell Joan of Arc that Charles VII of France must be crowned and the English expelled from France.