- Published on
Legal Terms – Duty to Consult
Contemporary legislation sometimes includes a "duty to consult." This mostly pertains to ministers or relevant authorities, who must engage interested parties prior to enacting subordinate laws or using other responsibilities. A responsibility to consult does not equate to an obligation to adhere to the preferences of the consultees; yet, it is not devoid of significance. It establishes adaptable yet rigorous procedural obligations: to communicate comprehensively; to provide adequate time for responses; and to meticulously evaluate any received replies.
Contemporary legislation sometimes includes a "duty to consult." This mostly pertains to ministers or relevant authorities, who must engage interested parties prior to enacting subordinate laws or using other responsibilities. A responsibility to consult does not equate to an obligation to adhere to the preferences of the consultees; yet, it is not devoid of significance. It establishes adaptable yet rigorous procedural obligations: to communicate comprehensively; to provide adequate time for responses; and to meticulously evaluate any received replies.
- Published on
Legal Terms – DVPO
An abbreviation for Domestic Violence Protection Order.
An abbreviation for Domestic Violence Protection Order.
- Published on
Legal Terms – Dying Declaration
A verbal or written declaration by an individual nearing death regarding the reason for their demise. Under common law, a dying declaration was permissible as evidence in a trial for the murder or manslaughter of the declarant, serving as an exception to the hearsay rule, contingent upon the condition that the declarant would have been a competent witness had they survived (see to competence). Case law mandated that the individual issuing the dying declaration must possess a "settled, hopeless expectation of death." The existing legislation is located in the Criminal Justice Act 2003.
A verbal or written declaration by an individual nearing death regarding the reason for their demise. Under common law, a dying declaration was permissible as evidence in a trial for the murder or manslaughter of the declarant, serving as an exception to the hearsay rule, contingent upon the condition that the declarant would have been a competent witness had they survived (see to competence). Case law mandated that the individual issuing the dying declaration must possess a "settled, hopeless expectation of death." The existing legislation is located in the Criminal Justice Act 2003.
- Published on
Legal Terms – Easement
A legal right held by the owner of one parcel of land (the dominant tenement) to derive a benefit from another parcel of land (the servient tenement). An easement benefits and encumbers the land itself, thereby persisting regardless of changes in ownership of either the dominant or servient tenement, however it will be terminated if the two tenements come under joint ownership (see quasi-easement). It may be obtained through legislation (such as local Acts of Parliament), explicitly conferred (for instance, by a deed granting a right of way), originate as an inferred easement (such as an easement of support from a neighboring structure), or be acquired by prescription. (Refer to profit à prendre.) An easement may be either a legal or an equitable stake in land. Legal easements are exclusively those established by statute, deed, or prescription, and held under conditions analogous to a *fee simple absolute in possession or *term of years absolute. Such easements are enforceable against all parties acquiring the unregistered servient tenement or any interest therein. Legally established easements must be recorded against the title of the servient tenement; otherwise, they will not be enforceable against subsequent purchasers of that tenement. All other easements are equitable and typically require registration to be enforceable against a purchaser. According to section 62 of the Law of Property Act 1925, when land is conveyed, the associated easements automatically transfer with it, without the need for explicit language in the conveyance.
A legal right held by the owner of one parcel of land (the dominant tenement) to derive a benefit from another parcel of land (the servient tenement). An easement benefits and encumbers the land itself, thereby persisting regardless of changes in ownership of either the dominant or servient tenement, however it will be terminated if the two tenements come under joint ownership (see quasi-easement). It may be obtained through legislation (such as local Acts of Parliament), explicitly conferred (for instance, by a deed granting a right of way), originate as an inferred easement (such as an easement of support from a neighboring structure), or be acquired by prescription. (Refer to profit à prendre.) An easement may be either a legal or an equitable stake in land. Legal easements are exclusively those established by statute, deed, or prescription, and held under conditions analogous to a *fee simple absolute in possession or *term of years absolute. Such easements are enforceable against all parties acquiring the unregistered servient tenement or any interest therein. Legally established easements must be recorded against the title of the servient tenement; otherwise, they will not be enforceable against subsequent purchasers of that tenement. All other easements are equitable and typically require registration to be enforceable against a purchaser. According to section 62 of the Law of Property Act 1925, when land is conveyed, the associated easements automatically transfer with it, without the need for explicit language in the conveyance.
- Published on
Legal Terms - easement of necessity
An easement that is implicitly included in a land transfer due to the land's full impracticality without it. A prevalent example is a "landlocked close," referring to a parcel of land devoid of direct access to the highway. An easement of necessity may be implicitly reserved for the grantor of the land or implicitly granted to the grantee of the land.
An easement that is implicitly included in a land transfer due to the land's full impracticality without it. A prevalent example is a "landlocked close," referring to a parcel of land devoid of direct access to the highway. An easement of necessity may be implicitly reserved for the grantor of the land or implicitly granted to the grantee of the land.
- Published on
Legal Terms - Drago Doctrine
the idea that states cannot use force to recoup debts that other states have incurred. In order to enforce contractual and other claims against Venezuela, the combined fleets of Germany, Italy, and Great Britain established a blockade of that nation in 1902. As a result, the Argentine Republic's foreign minister, Dr. Drago, developed the theory that bears his name: "A public debt cannot give rise to the right of intervention, much less to the occupation of the soil of any American nation by a European power."
the idea that states cannot use force to recoup debts that other states have incurred. In order to enforce contractual and other claims against Venezuela, the combined fleets of Germany, Italy, and Great Britain established a blockade of that nation in 1902. As a result, the Argentine Republic's foreign minister, Dr. Drago, developed the theory that bears his name: "A public debt cannot give rise to the right of intervention, much less to the occupation of the soil of any American nation by a European power."
- Published on
Legal Terms - Driftway
n: A *highway that allows for the driving of livestock with people on foot or on horseback.
n: A *highway that allows for the driving of livestock with people on foot or on horseback.
- Published on
Legal Terms - Driver
For the purposes of the Road Traffic Acts, a driver is any anyone who directs a vehicle's motion using the standard controls, such as the steering and brakes. Anyone operating a vehicle while the engine is off or while being towed by another vehicle falls under this category.
For the purposes of the Road Traffic Acts, a driver is any anyone who directs a vehicle's motion using the standard controls, such as the steering and brakes. Anyone operating a vehicle while the engine is off or while being towed by another vehicle falls under this category.
- Published on
Legal Terms - driver's license
a formal license to operate a motor vehicle that is given after passing a driving exam. Learner drivers may be given a provisional driver's license, but they are not allowed to drive on a public road without the presence of a licensed driver who is at least 21 years old and who has "L" plates on both the front and back of the car. The Driving and Vehicle Licensing Agency, an executive agency, administers the Department of Transport driving test, which is now preceded by a theory test. Alternatively, a full license issued in Great Britain, Northern Ireland, the Isle of Man, or the Channel Islands within ten years prior to the license's effective date may be obtained. Typically, it is awarded until the applicant turns 70. Licenses are issued for three-year terms after the age of 70. In addition to being required to provide his medical records or undergo a medical examination, the applicant must reveal any disabilities.
Generally speaking, a license will not be issued to an applicant who has a serious mental condition or defect, epilepsy, or abrupt episodes of incapacitating giddiness or fainting. However, if he can demonstrate that he has had no attacks for at least two years or that he has only experienced attacks while sleeping for more than three years, he may still be eligible for a license in the event of epilepsy. The granting of a license is typically discretionary if the license applicant has diabetes or a heart condition, has a heart pacemaker installed, has received treatment for drug addiction within the last three years, or has any other disability (such as limb loss or weakness) that would impair his ability to drive. Making a deliberate false statement to get a driver's license, failing to reveal any existing endorsements, or failing to sign one's name in ink on the license are all crimes. Within seven days, a police officer may demand that a driver present his driver's license or provide it in person at the police station. He might also request to view the driver's license of someone he suspects of having committed a moving violation or of operating a car involved in an accident. There is a fine for not presenting one's license in these situations. Check out driving without a license as well. A driver who is found guilty of an endorsable offence and who has accrued six or more penalty points (see totting up) within two years of completing a driving test may have their license revoked and be required to repeat the exam under the Road Traffic (New Drivers) Act 1995, which went into effect on June 1, 1997. Section 34 of the Road Safety Act of 2006 allows for the removal of penalty points from a license for repeat offenders who successfully complete one of a variety of courses. With a lower chance of *disqualification when accruing 12 or more penalty points, this is meant to serve as an incentive for repeat violators.
a formal license to operate a motor vehicle that is given after passing a driving exam. Learner drivers may be given a provisional driver's license, but they are not allowed to drive on a public road without the presence of a licensed driver who is at least 21 years old and who has "L" plates on both the front and back of the car. The Driving and Vehicle Licensing Agency, an executive agency, administers the Department of Transport driving test, which is now preceded by a theory test. Alternatively, a full license issued in Great Britain, Northern Ireland, the Isle of Man, or the Channel Islands within ten years prior to the license's effective date may be obtained. Typically, it is awarded until the applicant turns 70. Licenses are issued for three-year terms after the age of 70. In addition to being required to provide his medical records or undergo a medical examination, the applicant must reveal any disabilities.
Generally speaking, a license will not be issued to an applicant who has a serious mental condition or defect, epilepsy, or abrupt episodes of incapacitating giddiness or fainting. However, if he can demonstrate that he has had no attacks for at least two years or that he has only experienced attacks while sleeping for more than three years, he may still be eligible for a license in the event of epilepsy. The granting of a license is typically discretionary if the license applicant has diabetes or a heart condition, has a heart pacemaker installed, has received treatment for drug addiction within the last three years, or has any other disability (such as limb loss or weakness) that would impair his ability to drive. Making a deliberate false statement to get a driver's license, failing to reveal any existing endorsements, or failing to sign one's name in ink on the license are all crimes. Within seven days, a police officer may demand that a driver present his driver's license or provide it in person at the police station. He might also request to view the driver's license of someone he suspects of having committed a moving violation or of operating a car involved in an accident. There is a fine for not presenting one's license in these situations. Check out driving without a license as well. A driver who is found guilty of an endorsable offence and who has accrued six or more penalty points (see totting up) within two years of completing a driving test may have their license revoked and be required to repeat the exam under the Road Traffic (New Drivers) Act 1995, which went into effect on June 1, 1997. Section 34 of the Road Safety Act of 2006 allows for the removal of penalty points from a license for repeat offenders who successfully complete one of a variety of courses. With a lower chance of *disqualification when accruing 12 or more penalty points, this is meant to serve as an incentive for repeat violators.
- Published on
Legal Terms - driving-test order
a court ruling that a person guilty of a crime that carries a *disqualification shall not be allowed to drive until he takes a test proving he is fit to do so. Only in cases where there is cause to believe that the individual is unfit to drive—for instance, because he is extremely elderly or ill and has demonstrated driving incompetence—should the order be issued. It is intended to safeguard the public rather than to punish.
a court ruling that a person guilty of a crime that carries a *disqualification shall not be allowed to drive until he takes a test proving he is fit to do so. Only in cases where there is cause to believe that the individual is unfit to drive—for instance, because he is extremely elderly or ill and has demonstrated driving incompetence—should the order be issued. It is intended to safeguard the public rather than to punish.
