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KembaraXtra – Legal Terms – Obstruction
Obstruction in road traffic law refers to causing or allowing a vehicle or object to stand on a road in a manner likely to impede other road users.
It may also include driving in an unnecessarily slow or obstructive way.
The offence does not require proof that another person was actually obstructed; it is enough that obstruction was likely.
Leaving a vehicle in circumstances likely to endanger other road users is also an offence and may result in fines, penalty points, and possible disqualification from driving.
Certain obstruction offences require a *notice of intended prosecution before proceedings can begin.
Obstruction in road traffic law refers to causing or allowing a vehicle or object to stand on a road in a manner likely to impede other road users.
It may also include driving in an unnecessarily slow or obstructive way.
The offence does not require proof that another person was actually obstructed; it is enough that obstruction was likely.
Leaving a vehicle in circumstances likely to endanger other road users is also an offence and may result in fines, penalty points, and possible disqualification from driving.
Certain obstruction offences require a *notice of intended prosecution before proceedings can begin.
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KembaraXtra – Legal Terms – Obstructing a Police Officer
Obstructing a police officer is the offence of intentionally interfering with a police officer who is carrying out lawful duties.
Obstruction may occur through physical interference, threats, providing false information, refusing to cooperate, or warning offenders so that they escape detection.
However, merely refusing to answer police questions that one is not legally required to answer is not obstruction.
The police officer must be acting in the course of duty, such as preventing crime, maintaining public order, or carrying out lawful instructions.
Where the obstruction involves assault, more serious penalties including imprisonment may apply
Obstructing a police officer is the offence of intentionally interfering with a police officer who is carrying out lawful duties.
Obstruction may occur through physical interference, threats, providing false information, refusing to cooperate, or warning offenders so that they escape detection.
However, merely refusing to answer police questions that one is not legally required to answer is not obstruction.
The police officer must be acting in the course of duty, such as preventing crime, maintaining public order, or carrying out lawful instructions.
Where the obstruction involves assault, more serious penalties including imprisonment may apply
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KembaraXtra – Legal Terms – Obscene Telephone Calls
It is a *summary offence to make telephone calls that are obscene, offensive, or intended to annoy another person.
The offence is governed by legislation such as the Communications Act 2003 and the Protection from Harassment Act 1997.
A person convicted may face imprisonment, a fine, or both.
It is a *summary offence to make telephone calls that are obscene, offensive, or intended to annoy another person.
The offence is governed by legislation such as the Communications Act 2003 and the Protection from Harassment Act 1997.
A person convicted may face imprisonment, a fine, or both.
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KembaraXtra – Legal Terms – Obscene Publication
An obscene publication is material published in a form that tends to “deprave or corrupt” those likely to read, see, or hear it under the Obscene Publications Acts 1959 and 1964.
Obscenity is not limited to pornography and may include material encouraging violence or drug use. Whether material is obscene is a question of fact usually determined by a jury.
Publishing includes selling, distributing, lending, circulating, displaying for sale, or transmitting material electronically, including via the internet.
The offence is generally one of *strict liability, although defences exist. A defendant may rely on lack of knowledge or argue that publication served the public good in the interests of literature, art, science, or learning.
The law also criminalizes activities such as publishing obscene advertisements, distributing indecent images of children, or possessing extreme pornographic material. Courts may authorize searches, seizure, and forfeiture of obscene materials.
An obscene publication is material published in a form that tends to “deprave or corrupt” those likely to read, see, or hear it under the Obscene Publications Acts 1959 and 1964.
Obscenity is not limited to pornography and may include material encouraging violence or drug use. Whether material is obscene is a question of fact usually determined by a jury.
Publishing includes selling, distributing, lending, circulating, displaying for sale, or transmitting material electronically, including via the internet.
The offence is generally one of *strict liability, although defences exist. A defendant may rely on lack of knowledge or argue that publication served the public good in the interests of literature, art, science, or learning.
The law also criminalizes activities such as publishing obscene advertisements, distributing indecent images of children, or possessing extreme pornographic material. Courts may authorize searches, seizure, and forfeiture of obscene materials.
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KembaraXtra – Legal Terms – Obliteration
Obliteration refers to the deletion or erasure of words in a will.
Such deletions are legally effective only if the removed words are no longer readable or if the alteration has been properly signed and witnessed in accordance with legal formalities.
If these requirements are not satisfied, the attempted alteration may be invalid.
Obliteration refers to the deletion or erasure of words in a will.
Such deletions are legally effective only if the removed words are no longer readable or if the alteration has been properly signed and witnessed in accordance with legal formalities.
If these requirements are not satisfied, the attempted alteration may be invalid.
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KembaraXtra – Legal Terms – Obligation
An obligation is a legal duty or responsibility imposed by law or agreement.
The term may refer generally to duties owed by one person to another, such as contractual obligations or statutory duties.
Historically, it could also refer specifically to a *bond executed by deed.
An obligation is a legal duty or responsibility imposed by law or agreement.
The term may refer generally to duties owed by one person to another, such as contractual obligations or statutory duties.
Historically, it could also refer specifically to a *bond executed by deed.
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KembaraXtra – Legal Terms – Objects of a Power
The objects of a power are the persons who may benefit from a *power of appointment.
They are the individuals in whose favour the holder of the power may choose to appoint property or benefits.
Such persons are therefore potential beneficiaries under the power.
The objects of a power are the persons who may benefit from a *power of appointment.
They are the individuals in whose favour the holder of the power may choose to appoint property or benefits.
Such persons are therefore potential beneficiaries under the power.
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KembaraXtra – Legal Terms – Open Contract
An open contract is a contract for the sale of land in which only the essential terms are expressly stated, namely the identity of the parties, the property being sold, and the purchase price.
Even though few terms are expressly written, the law implies a number of additional obligations into the agreement. These include the vendor’s duty to convey good title, provide vacant possession, and complete the transaction within a reasonable time.
For unregistered land, the vendor must also provide an abstract of title beginning with a suitable *root of title, traditionally at least 15 years old.
If completion is delayed beyond a reasonable time, the vendor may claim interest on the unpaid purchase money, while the purchaser may become entitled to income generated by the property from the date completion should have occurred.
In practice, modern conveyancing rarely relies solely on open contracts because detailed standard conditions of sale are usually incorporated to regulate the parties’ rights and obligations more precisely.
An open contract is a contract for the sale of land in which only the essential terms are expressly stated, namely the identity of the parties, the property being sold, and the purchase price.
Even though few terms are expressly written, the law implies a number of additional obligations into the agreement. These include the vendor’s duty to convey good title, provide vacant possession, and complete the transaction within a reasonable time.
For unregistered land, the vendor must also provide an abstract of title beginning with a suitable *root of title, traditionally at least 15 years old.
If completion is delayed beyond a reasonable time, the vendor may claim interest on the unpaid purchase money, while the purchaser may become entitled to income generated by the property from the date completion should have occurred.
In practice, modern conveyancing rarely relies solely on open contracts because detailed standard conditions of sale are usually incorporated to regulate the parties’ rights and obligations more precisely.
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KembaraXtra – Legal Terms – Onus Probandi
The Latin phrase onus probandi means “burden of proof.”
It refers to the legal duty imposed on a party to establish the truth of facts asserted in court proceedings.
The concept is fundamental in both civil and criminal law and determines which party must produce sufficient evidence to satisfy the court.
In criminal proceedings, the onus probandi usually rests upon the prosecution, while in civil proceedings it generally rests upon the claimant.
The phrase is commonly used interchangeably with *onus of proof and *burden of proof.
The Latin phrase onus probandi means “burden of proof.”
It refers to the legal duty imposed on a party to establish the truth of facts asserted in court proceedings.
The concept is fundamental in both civil and criminal law and determines which party must produce sufficient evidence to satisfy the court.
In criminal proceedings, the onus probandi usually rests upon the prosecution, while in civil proceedings it generally rests upon the claimant.
The phrase is commonly used interchangeably with *onus of proof and *burden of proof.
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KembaraXtra – Legal Terms – Onus of Proof
The onus of proof refers to the obligation placed upon a party in legal proceedings to prove a particular fact or issue.
It is another expression for the *burden of proof.
In criminal cases, the prosecution generally bears the onus of proving the defendant’s guilt beyond reasonable doubt.
In civil cases, the claimant usually bears the onus of proving the claim on the balance of probabilities.
In some situations, the burden may shift from one party to another depending on presumptions, statutory provisions, or evidential matters raised during the case.
The onus of proof refers to the obligation placed upon a party in legal proceedings to prove a particular fact or issue.
It is another expression for the *burden of proof.
In criminal cases, the prosecution generally bears the onus of proving the defendant’s guilt beyond reasonable doubt.
In civil cases, the claimant usually bears the onus of proving the claim on the balance of probabilities.
In some situations, the burden may shift from one party to another depending on presumptions, statutory provisions, or evidential matters raised during the case.