Law Questions and Answers
Domestic violence charge.?
I have a DVO within progress. The hearing for it is subsequent tuesday, yet the soul i filed it against, hasn't be served yet because he's okay doing a bit of a runner. I found out however where he is staying. so I preference to supply the addressDo i have to bequeath the updated details to the magistrates court I filed it at, the police station implicit there. Or can I do it at any police station or court house.
I live within qld australia.
thanks
Answers: any police station have the capabilitiy of transferring this information to the relative authorities.
Direct effect in eu ruling?
can any one help me to do this sound out please?the limitations of the direct effect concept in upholding individual rights within EU law
Answers: It totally depends on your officially recognized system,your constution,your principle of sovereignty in your constution and if your country obligated or signed canon.
But European Court of Human Rights decisions are binding for the obligated countries.Because of that European Convention on Human Rights too.And common principles of law as deposited for individual used.It totally depends on your country's approach to EU law
European Convention and Court of Human Rights isn't EU decree it is the law of the countries of the Council of Europe which is a different organisation. EU directive doesn't broach the area of individual rights to my wisdom.
What does this sentance mean?
"we hold these truths to be self evident"US Constitution
Answers: we belief these to be facts and clear for straightforward understanding
sort rotten means that
In context of the "The Declaration of Independence", it medium that the truths mentioned afterwards need no proof [self-evident] because they are granted from God.
"...that adjectives men are created equal, that they are endowed by their Creator with indisputable unalienable Rights, that among these are Life, Liberty, and the pursuit of Happiness"
That's NOT from the Constitution. It's from the Declaration of Independence. Jefferson was looking for a channel to claim an authority for the actions they be about to cart that was independent of the the British.
I just fired my P.I. Attorney. It looks approaching I have to directory the case myself. Where do I start? S.D. CALIF.?
The insured have already accepted blame but I don't hold time to find another Attorney as the 2 year statute is up in 4 days!Answers: You must start by file the Complaint within the Statute interval. I don't know what is the state period for PI cases. If you don't, whether insured is all set or not, you won't be able to win. If insured settles the claim within writing within Statute spell, then you are OK. I honestly don't dream up any layperson can file the complaint inwardly such short time. And courts won't allow you extension to file complaint any. Perhaps you could hire a contract attorney through a attorney placement agency to help you beside the Complaint. Good luck!
hire him back
How do you feel give or take a few downloading music from the internet? Should this be considered unethical?
Answers: If you scrounging without paying for it, next of course it's unprincipled - and illegal.
The writer and comic of the music have lately as much right to be paid for their work as you own to be paid for anything you do.
Richard
If you have no blessing of course it is wicked and unethical.You are stealing occupation.
Do most people downloading free discern bad?No method.Shoud we? well it depends on your mood i guess.
Explain the necessity defense?
Answers: Necessity serves as a justification for a criminal offense. Some common requirements of the necessity defense:
1- It must be choice for a lesser evil to prevent a greater evil from occurring. [ex: jaywalking across the street to aid to set free the life of an stroke of luck victim]
2- There must be no other legal alternative [ex: you can't steal a sports car to get to the hospital if someone else can tender you a ride]
3-The harm you are trying to avoid by breaking the canon must be imminently dangerous [ex: you can't break into someone's home within order to stay out of a snowstorm if you enjoy enough time to gain back to your own home]
4- You hold to have "verbs hands" in the situation. Basically, this way you can't be responsible for the danger within the situation which causes you to commit a crime. [ex: If you stole a firetruck to put out a fire you have intentionally started, you could not successfully use the necessity defense against the charge of stealing]
Hope this helps.
stop asking adjectives these questions
DO YOUR OWN HOMEWORK LITTLE GIRL or google it
Necessity arises where on earth a defendant is forced by circumstances to transgress the law. The across the world accepted position is that necessity cannot be a security to a criminal charge. The leading satchel is:
R v Dudley and Stephens (1884) 14 QBD 273. Lord Coleridge CJ, having referred to Sir Matthew Hale's assertion (The History of the Pleas of the Crown, 1736) that a man be not to be acquitted of break-in of food on account of his extreme hunger, doubted that the safeguard of necessity could ever be extended to a defendant who kill another to save his own existence.
Until recently it be commonly thought that a general shelter of necessity did not exist surrounded by English law. Thus surrounded by Buckoke v GLC [1975] Ch 655, Lord Denning indicated (obiter) that the driver of a fire engine was compelled to stop at a red traffic neutral even if he saw 200 yards down the road a blazing house next to a man at an upstairs window contained by extreme peril and the man's life would be lost by waiting. Lord Denning permitted that the driver would commit an offence against the Road Traffic Regulations if he crossed the red buoyant. (Note: there immediately exist statutory defences for fire-engines, police and ambulances.) And within the civil case of Southwark LBC v Williams [1971] Ch 734, where on earth defendants in dire necessitate of housing accommodation enter empty houses owned by the local authority, it be held that the defence unavoidably did not apply.
Whilst there have been no broad recognition inevitably as a defence, it have been permitted to operate beneath various guises, on a piecemeal proof, for example, in medical cases (R v Bourne [1939] 1 KB 687) (This is very soon within the Abortion Act 1967.)
However, necessity may never be a guard to a charge of murder: R v Howe [1987] AC 417 affirming Dudley and Stephens (1884).
THE PRAGMATIC APPROACH
(a) The practical solution perhaps lies within the way within which the discretion to prosecute is exercised. Lord Denning, in Buckoke v GLC [1971], stated (obiter)that the driver of an emergency service vehicle who drove through a red traffic signal when responding to an emergency telephone call, whilst he would not be able to rely on the shield of necessity, "should not be prosecuted. He should be congratulated".
(b) In other cases the circumstances can be taken into information, as mitigating factors, when considering what sentence would be appropriate (as recommended by the Law Commission, 1977).
DURESS OF CIRCUMSTANCES
Recently the courts hold begun to show a keenness to allow the defence unavoidably, or duress of circumstances as some judges enjoy described it, where nearby is a fear of demise or serious bodily injury: R v Willer (1986) 83 Cr App R 225.
PRINCIPLES OF THE DEFENCE
In R v Martin [1989] 1 All ER 652, the defendant had driven his stepson to work although he be disqualified from driving. He claimed that he had done this because his wife have threatened to commit suicide unless he did so, as the boy was within danger of losing his employment if he was unsettled. The Court said, first, English law does within extreme circumstances recognise a defence essentially. It can arise from objective danger threatening the accused or others surrounded by which case it is conveniently call "duress of circumstances".
Secondly, the defence is available with the sole purpose if, from an objective standpoint, the accuse can be said to be acting reasonably and proportionately contained by order to avoid a threat of demise or serious injury.
Thirdly, assuming the defence to be get underway to the accused on his narrative of the facts, the issue should be left to the jury, who should be directed to determine these two question: (1) Was the accused, or may he hold been, impelled to deed as he did because as a result of what he reasonably believed to be the situation he have good inflict to fear that otherwise extermination or serious injury would result? (2) If so, may a sober person of rational firmness, sharing the characteristics of the accused, own responded to that situation by acting as the accused acted?
If the answer to both these question was yes, later the jury would acquit: the defence inevitably would have be established.
Further, the court in Martin be willing to contemplate the safety succeeding where an unqualified or disqualified driver took control of a sports car to get a creature who had suffered a heart attack to hospital.
TIME LIMIT ON THE DEFENCE
Duress of circumstances cannot excuse the commission of an sin after the time when the threat has cease: R v Pommell [1995] 2 Cr App R 607.
The requirements of the defence of duress of circumstances be further explained by the Court of Appeal in: R v Coles [1994] Crim LR 582.
APPLICATION OF THE DEFENCE
Referring to Lord Denning's statements contained by Southwark LBC v Williams [1971], Smith and Hogan, Criminal Law, 1996, p253, stated:
Probably it is now the ruling that if the taking or the entry was called for to prevent death or serious injury through starvation or cold nearby would be a defence of duress of circumstances; but if it be merely to prevent hunger, or the discomforts of cold or homelessness, there would be no shelter. See: R v Pommell [1995] 2 Cr App R 607.
PROPOSALS FOR REFORM
The Law Commission (1974) proposed that a general security of necessity be introduced into English canon. However, the Law Commission (1977) rejected the idea, going so far as to speak that if a defence inevitably already existed at common decree, it should be abolished. It feel that such a defence to a charge of murder could effectively legalise euthanasia contained by England. It felt that specific statutory provisions already covered those areas where on earth the defence might be most needed. For minor offence it argued that prosecutions were unlikely and, surrounded by any event, the sentencing policy of the English courts was such that relatives convicted in these situations would probably receive a minimal sentence, read out, an absolute or conditional discharge.
The Law Commission (1985) referred to these "totally negative" proposals and said that it would not do to rely on prosecutorial discretion. Instead they proposed a security of necessity call "duress of circumstances" which would apply to all crimes except attempted murder and murder.
The Law Commission (1992) and (1993) proposed that the shield of duress of circumstances be available to all crimes including murder. The Draft Criminal Law Bill, 1993, (Law Com. No. 218), clause 26 provides:
"(1) No achievement of a person constitutes an misdemeanour if the act is done below duress of circumstances.
(2) A person does an accomplishment under duress of circumstances if- (a) he does it because he know or believes that it is immediately critical to avoid death or serious injury to himself or another, and (b) the menace that he knows or believes to exist is such that surrounded by all the circumstances (including any of his personal characteristics that affect its gravity) he cannot conceivably be expected to act otherwise. It is for the defendant to show that the object for his act be such knowledge or belief as is mentioned surrounded by paragraph (a)."
The defence would not apply to a soul who knowingly and lacking reasonable excuse exposed himself to the risk known or believed to exist; the accuse would have the burden of proving that he have not so exposed himself if the question arose.
Shoplifting crisis ??! please help thank you?
ok here it go i was at Von Maur and i have no ride home my mom has a overnight case going because of something my deceased uncle did is man blamed on her because they worked worked together so they searched our home and took our cars and froze some of our reason so we are car smaller quantity and broke because of this upcoming trail that has be going on for about three years my mom is unwell and can not work and they also took our computers too. i no so i am a high academy student 9th grade i obligation to go to the lib .. so i return with dropped of by the bus and i have to waddle home well my mom be gone with my aunt working on the crust. i was sick ,, not a hundred percent i think it be mono. but i was at the lib studying when it be done i went to the precinct to eat but i have no money. so i went to stores to try on clothing. i enter von maur and say seriously of clothes and thought it was pretty rich. i go to try on some clothes but i remembered i had to step home. i saw how pre occupied the sale people be so i tried on warm clothAnswers: You did what you have to do to survive. If my kids get hungry and i cant nurture them im going to snatch the dishes out ya kitchen.
I see you are off to a great start. Your mother have trained another criminal well. Enjoy your stay contained by jail.
Despite the answers posted by some family STEALING IS ALWAYS WRONG! Anyone that does not understand that simple reality needs to unite you in detention centre.
If it was a simple certainty of it was cold and you needed a coat at hand are many charities that own those. Yeah they are not new, but you don't hold to become a criminal to get one.
Salvation Army
Goodwill
St. Vincent dePaul
United Way have a list of local charities.
sounds approaching you have well-educated from your mistake. don't do it anymore, show your mom that you are a good entity. you need to work to buy the things you want. let somebody know the Judge that you are sorry and won't do it again.
Good luck in your adjectives, God be with you & your mom.
Don't listen to the first guy who answered. Clearly he hasn't "be there" and/or is a jerk.
I get myself into nearly the same situation as you, second year when I was surrounded by 11th grade. It's awful, and it sucks, and I know the regret you must be sentiment for what you did. You didn't even anticipate doing it, and now that you've done it, you probably decision more than anything that you could turn time back and do it differently (hopefully not do it at all).
All you can do is ride out the storm. The misdemeanor will be on your transcript until you're 18, and you will most likely be asked to repay a large fine when you step to court. The store may sue you for an amount as well. It does not thing who pays it (you or a parent) but it needs to be remunerated. I don't know whether the circumstances of your situation (i.e. your mom's health, financial stability, etc.) will be considered by the court but I suggest they should be. I can see you really hate yourself for doing this, and you should be smart adequate to know nothing is worth doing it again. My warning to you is to stay strong, and truly be sorry, and show that you're sorry every second you can - to your mom and to whoever you bargain to in court.
If you involve more help, please contact me. I've be through this and I would be more than happy to relief you.
Prayer for judgement?
my friend was caught spray fine art on a side walk on arts school property, and now she have to go to court tomorrow, and she doesnt own an attorney. When she talked to the DA, the DA said that the travel case wouldnt be dropped. Is there any course possible that she would be able to procure a prayer for judgement,( she has a verbs record) or do you think that its out of the grill...please help. She's a college student, so im thinking that the court hear these types of cases all the time.Answers: When she go to court for her preliminary hearing, she should simply describe the judge that she doesn't enjoy a lawyer, and can't afford one, and the court will appoint one for her. Then she should consent to her lawyer deal with the permitted nuts and bolts, that's his job.
Richard
Lawyer help?
Does anyone no any free attorney sites where they could contribute me advice on what to do or if iam within the wrong or not. i have tryed to capture legally aid oblige and they wont help me produce i do not recieve a welfare check. So i cant even afford to get anyone to sustain me. So is there any!!!!!!! free lawful lawyers advices on the lattice.. thankssssAnswers: Try this site: http://www.lawguru.com/index.php
Well, you could try asking here.
Richard
Hiring a lawyer for minor legally recognized problems can be expensive, but there are websites resembling LawGuru, FindLaw and other places where you can obtain free legal suggestion. I found this website useful - http://www.uelp.org/freelegal.html
Health Care Management and Education Funding are absolutely not a piece of the Constitution?
how can this be denied or argued against. Yet many candidate want both.Answers: this can be totally argued successfully. the constitution does not guarantee you anything other than the right to per sue cheeriness. It does not give you right to an tuition, health concern or a free handout from the government, this is socialism. socialism is completely incompatible near our republican government, and I dont denote the political party. Because most general public do not know what their rights are nor what is legal or undemocratic, they leave it to others to wish their fates approaching cattle to the slaughter.
Sadly most politicians consider the Constitution an annoyance to be worked around. Politics are not about helping and growing our nation any more, it is almost generating more and more personal power. Most politicians enjoy never held a real livelihood or had to struggle to income bills. They have other been within "public service" and constantly look to increase their power and money. There should be term confines on all elected positions so that the power snatch is not a reason to become a politicians but general public would do it to improve our country.
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