Download or read book Report on Similar Fact Evidence and the Moorov Doctrine written by Scottish Law Commission and published by Stationery Office/Tso. This book was released on 2012 with total page 162 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the law stands, the prosecution in Scotland cannot rely upon previous convictions to help prove their case against an accused person. If an accused, charged with murder, has been convicted of a number of other murders, the jury will not know this when considering their verdict. Other jurisdictions - most notably England and Wales - have rules which allow such evidence. Should Scots law be changed? In this report the Scottish Law Commission conclude that the present rules restricting the use of evidence that the accused has acted in a similar way on other occasions - including evidence that he or she has committed similar crimes - lack both logic and coherence. It recommends that the law recognise that such evidence can be highly relevant to the question of guilt or innocence. The report argues that all relevant evidence - including evidence of similar previous convictions - should, in principle, be admissible. Included with the report is a draft Bill which would give effect to the recommendations by replacing the present law with a clear and coherent statutory framework for the admission of all relevant evidence in criminal proceedings.
Download or read book Scottish Criminal Evidence Law written by Peter Duff and published by Edinburgh University Press. This book was released on 2018-12-31 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why did Enlightenment happen in Edinburgh?
Download or read book A History of Private Law in Scotland Volume 2 Obligations written by Kenneth Reid and published by Oxford University Press. This book was released on 2000-12-21 with total page 846 pages. Available in PDF, EPUB and Kindle. Book excerpt: This two-volume series offers the first detailed and systematic account of the history of private law in Scotland. Volume 2 covers topics such as insurance, negligence, liability, breach of contract, unfair contract terms, sale, and defamation.
Download or read book Fifty Years of the Law Commissions written by Matthew Dyson and published by Bloomsbury Publishing. This book was released on 2016-11-03 with total page 497 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together past and present law commissioners, judges, practitioners, academics and law reformers to analyse the past, present and future of the Law Commissions in the United Kingdom and beyond. Its internationally recognised authors bring a wealth of experience and insight into how and why law reform does and should take place, covering statutory and non-statutory reform from national and international perspectives. The chapters of the book developed from papers given at a conference to mark the fiftieth anniversary of the Law Commissions Act 1965.
Download or read book Shaping the Law of Obligations written by and published by Oxford University Press. This book was released on 2023-11-30 with total page 555 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ewan McKendrick has been an instrumental figure in shaping the law of obligations, both as a practitioner and as a professor at the University of Oxford and University College London. On the occasion of his retirement from the Oxford Law Faculty, this volume presents a collection of essays in his honour. The contributions pay tribute to and reflect the breadth of Ewan McKendrick's scholarship and published work. Many are comparative in nature, reflecting a key element of his work. The volume is divided into four parts: contract, tort, unjust enrichment, and commercial law, with each of the 23 essays discussing a particular complex question or idea in its area. Topics include duress, good faith, frustration, the illegality defence, contractual interpretation, the basis for different forms of damages, the role of contracts in family life, corporate liability, the Marex tort, receivables financing, the regulation of international commercial contracts, the sale of goods, the development of transnational commercial law, mistakes of law, and implied terms. All 25 of the contributors have either been taught by, or worked closely with Ewan McKendrick (or, in some cases, both); and are all leading academics and/or practitioners, including two current members of the United Kingdom Supreme Court and a Justice of the High Court of Australia.
Download or read book Claims for Contribution and Reimbursement in an International Context written by Koji Takahashi and published by OUP Oxford. This book was released on 2000 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book systematically examines claims for contribution and reimbursement in an international context. As such claims are often made in third party proceedings, particularly detailed analyses are given to the conflict-of-laws dimensions of third party procedure.
Download or read book Liber Memorialis Petar ar evi written by Petar Sarcevic and published by sellier. european law publ.. This book was released on 2006 with total page 696 pages. Available in PDF, EPUB and Kindle. Book excerpt: This vast collection of scholarly writings examines a wide range of legal topics, including for example: European Private International Law of Obligations and Internal Market Legislation: A Matter of Coordination -- Balancing Sovereignty and Party Autonomy in Private International Law -- Parenthood for Same-Sex Couples: Challenges of Private International Law from a Scandinavian Perspective -- The Use of Unpublished Opinions on Relocation Law by the California Courts of Appeal: Hiding the Evidence? -- Spousal Support after Divorce under American Family Law: An Attempt to Contribute to the Alimony Debate -- Working with Children: The Balance between the Protection of Children and the Right to Work with Children -- Changing Parenthood after Divorce -- The Contribution of the UNCITRAL Arbitration Rules to International Commercial Arbitration -- Universalism and Tradition: The Use of Non-binding Principles in International Commercial Law -- Problems in the Implementation of WTO Law in the People's Republic of China -- Notes on the Pellegrini Judgment of the European Court of Human Rights -- Professional Traditions: The Reciprocating Ethics of Jurist and Judge
Download or read book Third Parties Rights Against Insurers Bill HL written by Great Britain: Parliament: Special Public Bill Committee and published by The Stationery Office. This book was released on 2010-02-19 with total page 72 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Third Parties (Rights Against Insurers) Bill (HL) has been committed to a Special Public Bill Commitee. The Bill will give effect, with minor modifications, to the recommendations set out in the Law Commission and the Scottish Law Commission's 2001 joint report "Third parties - rights against insurers" (Law Com. 272, Scot. Law Com. 184, published as Cm. 5217, ISBN 9780101521727) which was accepted by the Government in 2002. This paper contains written and oral evidence received by the Committee.
Download or read book The Legal Relevance of Gender written by Sheila A. M. McLean and published by Springer. This book was released on 1988-07-29 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: A discussion of the nature of a discrimination directed both against women as individuals and as members of a group, examining the relevance of criteria which are used to justify such discrimination.
Download or read book Walker and Walker The Law of Evidence in Scotland written by Margaret L Ross and published by Bloomsbury Publishing. This book was released on 2020-11-13 with total page 887 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive and detailed examination of the law of evidence in the broadest of civil and criminal contexts. The emphasis is upon rigorous examination of the issues affecting all who work with the law of evidence whether in court, chamber practice or legal education. The fifth edition takes account of a range of relevant new legislation, including the following statutes: · Vulnerable Witnesses (Criminal Evidence) (Scotland) Act 2019 · Domestic Abuse (Scotland) Act 2018 · Abusive Behaviour and Sexual Harm (Scotland) Act 2016 · Inquiries into Fatal Accidents and Sudden Deaths etc (Scotland) Act 2016 · Criminal Justice (Scotland) Act 2016 It includes relevant case law, including significant developments in respect of opinion evidence, real evidence and corroboration.
Download or read book The Law of Open Societies written by Jürgen Basedow and published by BRILL. This book was released on 2015-06-02 with total page 662 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book endeavours to interpret the development of private international law in light of social change. Since the end of World War II the socio-economic reality of international relations has been characterised by a progressive move from closed to open societies. The dominant feature of our time is the opening of borders for individuals, goods, services, capital and data. It is reflected in the growing importance of ex ante planning – as compared with ex post adjudication – of cross-border relations between individuals and companies. What has ensued is a shift in the forces that shape international relations from states to private actors. The book focuses on various forms of private ordering for economic and societal relations, and its increasing significance, while also analysing the role of the remaining regulatory powers of the states involved. These changes stand out more distinctly by virtue of the comparative treatment of the law and the long-term perspective employed by the author. The text is a revised and updated version of the lectures given by the author during the 2012 summer courses of the Hague Academy of International Law.
Download or read book New Challenges for the EU Internal Security Strategy written by Maria O'Neill and published by Cambridge Scholars Publishing. This book was released on 2013-07-16 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, the EU and its member states have experienced a number of changes, as well as challenges, in the areas of politics, economics, security and law. As these areas are interconnected, changes and challenges to any of them have implications for the others, as well as implications for the populations and institutions of the EU or those coming into contact with its international power and influence. This edited collection focuses primarily on security and law, particularly the EU’s internal security strategy. The EU’s Internal Security Strategy, adopted by the Spanish presidency early in 2010, followed the Lisbon Treaty in 2009, building on previous developments within the EU in the Area of Freedom Security and Justice (AFSJ) policy. The focus of the EU Internal Security Strategy is to prevent and combat “serious and organised crime, terrorism and cybercrime, in strengthening the management of our external borders and in building resilience to natural and man-made disasters”. The Internal Security strategy intersects and overlaps with the European Union’s Counter-terrorism strategy, the Strategy for the External Dimension of JHA, and the EU’s Security Strategy. The role of and interaction between these strategies, their supplementing documents, and their implications for crime, victims, the law, political relations, democracy and human rights, form the backdrop against which the chapters in this collection are written. Building on original research by its contributors, this collection comprises work by authors from a wide variety of academic and professional areas and perspectives, as well as different countries, on a variety of areas and issues related to or raised by the EU’s Internal Security Strategy, from intelligence-led policing to human trafficking and port security. This book examines, from a wide variety of disciplinary perspectives including law, geography, politics and practice, both this further refinement of existing internal provisions on cross-border crime, and the increasing external relations of the EU in the AFSJ.
Download or read book Computer Misuse written by Stefan Fafinski and published by Willan. This book was released on 2013-05-13 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is concerned with the nature of computer misuse and the legal and extra-legal responses to it. It explores what is meant by the term 'computer misuse' and charts its emergence as a problem as well as its expansion in parallel with the continued progression in computing power, networking, reach and accessibility. In doing so, it surveys the attempts of the domestic criminal law to deal with some early manifestations of computer misuse and the consequent legislative passage of the Computer Misuse Act 1990. This book will be of interest to students of IT law as well as to sociologists and criminologists, and those who have a professional concern with preventing computer misuse and fraud.
Download or read book Guide to Foreign and International Legal Citations written by and published by . This book was released on 2006 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Formerly known as the International Citation Manual"--p. xv.
Download or read book Parliamentary Papers written by Great Britain. Parliament. House of Commons and published by . This book was released on 1983 with total page 668 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Scots Criminal Law written by Sheriff Andrew Cubie and published by Bloomsbury Publishing. This book was released on 2022-09-22 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by an expert team of authors, this clear and comprehensive guide explains all the basic principles relating to Scots criminal law, taking account of ongoing changes in substantive law, including the continuing influence of human rights. This well-established text is an essential reference source for both law students and legal practitioners and includes coverage of: - developments in case law and statute reflecting the prominence of statutory offences - analysis of the meaning of 'wicked' in the context of recklessness - an examination of perjury - reflections upon diminished responsibility - the interaction between provocation and self-defence - the continuing influence of the European Convention on Human Rights and related jurisprudence - an analysis of how Scotland has sought to address the right to die issue and the age of criminal responsibility The main common law and statutory offences are covered under the following sections: - Offences against the person including homicide and sexual offences - Social protection offences including the Misuse of Drugs Act 1971 and road traffic offences - Property offences including theft, robbery, embezzlement and malicious mischief - Offences against the state and administration of justice including contempt of court and interfering with the course of justice This title is included in Bloomsbury Professional's Scots Criminal Law online service.
Download or read book Rites of Marrying written by S. R. Charsley and published by Manchester University Press. This book was released on 1991 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Noting that there is a lot of controversy these days about marriage, but that everyone still likes a wedding, Charsley (sociology, U. of Glasgow) looses his discipline on his own culture, and examines both the secular and religious aspects of the betrothal period and the wedding day in Scotland. Being married himself, he draws on his own experience as well as that of wedding professionals and ministers and priests. Distributed in the US by St. Martin's Press. Annotation copyrighted by Book News, Inc., Portland, OR
