LAW

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Legal Terms – Diplomatic Agent
A category of state officials tasked with representing their state and its interests, as well as the welfare of its population, inside the jurisdiction of another state or in international organizations. Diplomatic agents can be categorized into two primary groups: (1) heads of mission and (2) staff members of the mission possessing diplomatic rank.


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Legal Terms - diplomatic immunity
The freedom from legal proceedings in the UK that is granted to members of diplomatic missions of foreign states by the Diplomatic Privileges Act 1964. This Act incorporates some of the provisions of the Vienna Convention on Diplomatic Relations (1961), which governs diplomatic immunity in international law. The extent of the immunity depends upon the status of the member in question, as certified by the Secretary of State. If he is a member of the mission’s diplomatic staff, he is entitled to complete criminal immunity and to civil immunity except for actions relating to certain private activities. A member of the administrative or technical staff has full criminal immunity, but his civil immunity relates only to acts performed in the course of his official duties. For domestic staff, both criminal and civil immunity are restricted to official duties. The so-called diplomatic bag is immune from search and seizure, as are the premises of the mission.
Similar immunities are granted to members of Commonwealth missions by the Diplomatic and other Privileges Act 1971, and to members of certain international bodies under the International Organisations Acts 1968 and 1981. Under the Diplomatic and Consular Premises Act 1987, the Secretary of State may remove diplomatic status from diplomatic or consular premises that are being misused.


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Legal Terms - Diplomatic Mission
An entity consisting of government officials representing the interests and welfare of their state, assigned overseas by the sending state, and functioning within the jurisdiction of a foreign state (the receiving state). This mission will get protection from the host state in accordance with the principles of diplomatic immunity.


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Legal Terms - direct evidence (original evidence)
1. An admission made by a witness in court that is used to support the veracity of any claim he makes. 2. A witness's declaration that he was in a specific physical or mental condition, or that he used one of his five senses to observe the occurrence in question (percipient evidence).


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Legal Terms - directions questionnaire
According to the most recent Civil Procedure Rules, a questionnaire is issued to both parties following the defendant's submission of a defense; its objective is to aid the court in assigning the matter to the most suitable track.Consequently, it supersedes the allocation questionnaire for all cases in which a defense is submitted on or after 1 April 2013. Two distinct questionnaires now exist: one for cases provisionally assigned to the *small claims track, and another for cases that may be assigned to either the *fast track or the *multi-track. Neglecting to submit a completed questionnaire and any associated papers by the designated deadline may lead to the dismissal of the claim (or the defense).


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Legal Terms - direction to jury
directions given by a judge to a jury regarding a legal issue (e.g. the nature and breadth of possible defences, or the definition of the offense accused). If any conviction that results is thought to be dangerous, failing to direct correctly could be cause for an appeal.




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Legal Terms - Direct Labour Organization
​ a branch of the local government that is manned by workers from the local government and that, when services are placed out to mandatory *competitive bidding, submits bids against businesses in the private sector.




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Legal Terms - directly applicable law
Any provision of the law of the European Union that automatically forms part of the national law of the member states. Rules from the EU are immediately applied.


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Legal Terms - directly effective law
Any EU law provision that gives individuals rights against the state with immediate effect, even if it is not *directly applicable (i.e., before it is adopted by domestic legislation). According to Van Duyn v. Home Office [1974] 1 WLR 1107 (Ch) and case 41/74 [1974] ECR 1337, EU directives are immediately effective.


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Legal Terms – Director
An officer of a corporation designated by or in accordance with the stipulations of the articles of association. Directors may possess an employment contract with the company (service directors and managing directors) or just participate in board meetings (nonexecutive directors). (Refer to DE FACTO DIRECTOR; SHADOW DIRECTOR.) A director must be a natural person and at least 16 years old, unless otherwise stipulated by the Secretary of State (Companies Act ss 156A-B, 157–158). Company members may inspect a director's employment contract (Companies Act 2006 s 239); contracts lasting two years or more necessitate approval via ordinary resolution (Companies Act 2006 s 188). Typically, broad management authority is conferred upon the directors acting collectively, although they may transfer some or all of these responsibilities to the managing director. Directors serve as agents of their company, to which they owe fiduciary obligations, requiring them to consider the interests of both company members and employees, as well as a duty of care, as stipulated in the Companies Act 2006 sections 170–77. Transactions that provide a conflict between fiduciary obligation and personal interests are governed by the Companies Act 2006, specifically sections 175, 177, and 182–214. Directors may be removed by ordinary resolution regardless of the provisions in the articles or any employment contract; nevertheless, such removal necessitates the payment of damages for breach of contract (Companies Act 2006 § 168). According to the Company Directors Disqualification Act 1986, directors may be disqualified for fraudulent trading or improper trading and actions rendering them ineligible for involvement in company management.
Directors' remuneration for their duties may be stipulated in an employment contract or established by the general meeting. Details are presented in the accounts and, if applicable, in the directors’ remuneration report for listed companies.


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