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Legal Terms - committal for sentence
The process by which a defendant found guilty in a magistrates' court is transferred to the Crown Court to receive their sentence if the magistrates' court's sentencing guidelines are deemed insufficient.
The process by which a defendant found guilty in a magistrates' court is transferred to the Crown Court to receive their sentence if the magistrates' court's sentencing guidelines are deemed insufficient.
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Legal Terms - committal in civil proceedings
An order that could result in a person being sent to prison as a punishment for *contempt of court (i.e., where there has been disruption of court proceedings or disobedience of a court order).
An order that could result in a person being sent to prison as a punishment for *contempt of court (i.e., where there has been disruption of court proceedings or disobedience of a court order).
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Legal Terms - committal proceedings
Previously, a matter was sent to the Crown Court to be tried by jury after a preliminary hearing in a magistrates' court. Section 6 of the Magistrates' Courts Act 1980 established two types of committal proceedings: committal without consideration of the evidence and committal with consideration of the evidence. There was no hearing of oral evidence. Before the case could be transferred to the Crown Court and the defence could file a claim that it had no case to answer, the prosecution had to prove its case prima facie. The magistrates had to determine whether the prosecution's best-effort evidence was so weak that a properly instructed jury could not fairly find the defendants guilty (R v. Galbraith [1981] 1 WLR 1039). Committal hearings were eliminated in 2001 for offenses that could only be prosecuted in court, and in 2013 they were discontinued for defendants who were charged with offenses that could be tried in court and had chosen to have their case handled by the Crown Court.
Previously, a matter was sent to the Crown Court to be tried by jury after a preliminary hearing in a magistrates' court. Section 6 of the Magistrates' Courts Act 1980 established two types of committal proceedings: committal without consideration of the evidence and committal with consideration of the evidence. There was no hearing of oral evidence. Before the case could be transferred to the Crown Court and the defence could file a claim that it had no case to answer, the prosecution had to prove its case prima facie. The magistrates had to determine whether the prosecution's best-effort evidence was so weak that a properly instructed jury could not fairly find the defendants guilty (R v. Galbraith [1981] 1 WLR 1039). Committal hearings were eliminated in 2001 for offenses that could only be prosecuted in court, and in 2013 they were discontinued for defendants who were charged with offenses that could be tried in court and had chosen to have their case handled by the Crown Court.
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Legal Terms - Committee of the Regions (CoR)
A 1994-established EU advisory group made up of regional and local government officials. Prior to EU decisions on subjects mentioned under the treaties, such as transport, the environment, and regional policy, it must be consulted.
A 1994-established EU advisory group made up of regional and local government officials. Prior to EU decisions on subjects mentioned under the treaties, such as transport, the environment, and regional policy, it must be consulted.
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Legal Terms - Committee of the whole House
a committee that is comprised of every member of the Commons or the Lords. The committee stage of all public bills is held in the Lords. A *standing committee in the Commons typically takes up the committee stage, but large bills—especially those that are contentious—may occasionally be sent to a House committee as a whole. The House as a whole used to consider some items pertaining to taxes and spending as the Committee of Ways and Means or the Committee of Supply, but since 1967, the House has met in this capacity.
a committee that is comprised of every member of the Commons or the Lords. The committee stage of all public bills is held in the Lords. A *standing committee in the Commons typically takes up the committee stage, but large bills—especially those that are contentious—may occasionally be sent to a House committee as a whole. The House as a whole used to consider some items pertaining to taxes and spending as the Committee of Ways and Means or the Committee of Supply, but since 1967, the House has met in this capacity.
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Legal Terms - Common
a *profit à prendre shared by several landowners on *shared property. *Appurtenant, in gross (i.e., independent of any *dominant tenement), or pur cause de vicinage (i.e., "by reason of neighbourhood": the right to permit animals grazing on common land to stray onto bordering common land) are the two types of common rights. Their scope is usually restricted to the legitimate demands of the dominating tenements, unless they are comprised of rights of pasture (grazing), piscary (fishing), turbary (rare; a right to take turf), ferae naturae (a right to take animals), *estovers, etc.
a *profit à prendre shared by several landowners on *shared property. *Appurtenant, in gross (i.e., independent of any *dominant tenement), or pur cause de vicinage (i.e., "by reason of neighbourhood": the right to permit animals grazing on common land to stray onto bordering common land) are the two types of common rights. Their scope is usually restricted to the legitimate demands of the dominating tenements, unless they are comprised of rights of pasture (grazing), piscary (fishing), turbary (rare; a right to take turf), ferae naturae (a right to take animals), *estovers, etc.
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Legal Terms - collective bargaining
discussions regarding terms and conditions of employment between companies or employers' associations and trade unions (representing their members). A collective agreement, or an agreement between a trade union and an employer originating from collective bargaining, is not legally enforceable unless it is in writing and expressly declares the parties' wish to be bound, according to the Trade Union and Labour Relations (Consolidation) Act 1992. provisions pertaining to compensation, discipline, and other matters are often included in unenforceable collective agreements; yet, individual employees' binding employment contracts will eventually contain these provisions (Edinburgh Council v. Brown [1999] IRLR 208 (EAT)). The collective agreement, which must be reasonably accessible to the employee, must be referred to in the written *statement of terms of employment that the employer is required by the Employment Rights Act of 1996 to furnish. Individuals may dispute terms of a collective agreement in a court or employment tribunal, and the agreement may be deemed void, if it discriminates on the basis of any of the protected characteristics defined by the *Equality Act 2010. If a collective agreement stipulates that a worker's right to strike will be limited by their contract, the workers will only be legally obligated if that clause is included in their contracts, the collective agreement was drafted by a *non-union trade union, is in writing, and is easily available to workers during regular business hours. A collective agreement's parties may request an order from the Secretary of State replacing the employment tribunals' statutory authority with the procedures specified in the agreement for handling allegations of unfair dismissal. Only if the agreement was negotiated by an independent trade union, names the impacted employees, and provides them with notice would an order be issued.
remedies that are just as advantageous as the statutory framework in addition to the option of independent arbitration or adjudication
discussions regarding terms and conditions of employment between companies or employers' associations and trade unions (representing their members). A collective agreement, or an agreement between a trade union and an employer originating from collective bargaining, is not legally enforceable unless it is in writing and expressly declares the parties' wish to be bound, according to the Trade Union and Labour Relations (Consolidation) Act 1992. provisions pertaining to compensation, discipline, and other matters are often included in unenforceable collective agreements; yet, individual employees' binding employment contracts will eventually contain these provisions (Edinburgh Council v. Brown [1999] IRLR 208 (EAT)). The collective agreement, which must be reasonably accessible to the employee, must be referred to in the written *statement of terms of employment that the employer is required by the Employment Rights Act of 1996 to furnish. Individuals may dispute terms of a collective agreement in a court or employment tribunal, and the agreement may be deemed void, if it discriminates on the basis of any of the protected characteristics defined by the *Equality Act 2010. If a collective agreement stipulates that a worker's right to strike will be limited by their contract, the workers will only be legally obligated if that clause is included in their contracts, the collective agreement was drafted by a *non-union trade union, is in writing, and is easily available to workers during regular business hours. A collective agreement's parties may request an order from the Secretary of State replacing the employment tribunals' statutory authority with the procedures specified in the agreement for handling allegations of unfair dismissal. Only if the agreement was negotiated by an independent trade union, names the impacted employees, and provides them with notice would an order be issued.
remedies that are just as advantageous as the statutory framework in addition to the option of independent arbitration or adjudication
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Legal Terms - collective redundancy
An employer with twenty or more employees has proposed to fire someone for being redundant. Under the Trade Union and Labour Relations (Consolidation) Act 1992, the employer is required in such a situation to provide information (see DISCLOSURE OF INFORMATION) and confer with elected workers' representatives or representatives of a recognized trade union in order to come to a consensus regarding ways to prevent the dismissals, minimize the number of employees to be let go, and lessen the impact of the dismissals (Hough v. Leyland DAF Limited [1991] IRLR 194 (EAT)). Fixed-term contracts are an exemption in some situations, according to an order made under the Trade Union and Labour Relations (Consolidation) Act 1992 (Amendment) Order 2013 (e.g. where an employee’s contract was slated to expire during the period of the redundancies announced). The union may file a complaint with an employment tribunal if the employer disregards these standards, and if the complaint is upheld, the tribunal may grant a *protective award. Employment tribunals have ruled in Junk v. Kuhnel [2005] IRLR 310 (ECJ) that notice of planned layoffs must occur as soon as possible to allow for the union's representations to be considered.
An employer with twenty or more employees has proposed to fire someone for being redundant. Under the Trade Union and Labour Relations (Consolidation) Act 1992, the employer is required in such a situation to provide information (see DISCLOSURE OF INFORMATION) and confer with elected workers' representatives or representatives of a recognized trade union in order to come to a consensus regarding ways to prevent the dismissals, minimize the number of employees to be let go, and lessen the impact of the dismissals (Hough v. Leyland DAF Limited [1991] IRLR 194 (EAT)). Fixed-term contracts are an exemption in some situations, according to an order made under the Trade Union and Labour Relations (Consolidation) Act 1992 (Amendment) Order 2013 (e.g. where an employee’s contract was slated to expire during the period of the redundancies announced). The union may file a complaint with an employment tribunal if the employer disregards these standards, and if the complaint is upheld, the tribunal may grant a *protective award. Employment tribunals have ruled in Junk v. Kuhnel [2005] IRLR 310 (ECJ) that notice of planned layoffs must occur as soon as possible to allow for the union's representations to be considered.
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Legal Terms - collective security
the centralized body of international law that regulates the use of force collectively under UN jurisdiction in order to preserve or restore global peace and security. This system is currently contained in the UN Charter. One instance is the response of the global community in the 1991 Gulf War. It is important to acknowledge that the exact legal basis for this conflict remains ambiguous, with UN Security Council Resolution 678 just specifying that it was authorized under *Chapter VII of the UN Charter. Rationale for the United States and its allies' 2003 military campaign against Iraq
was asserted in accordance with Resolutions 660 and 678 of the UN Security Council, which were passed during the last Gulf War. It is still quite questionable whether such a use is lawful.
the centralized body of international law that regulates the use of force collectively under UN jurisdiction in order to preserve or restore global peace and security. This system is currently contained in the UN Charter. One instance is the response of the global community in the 1991 Gulf War. It is important to acknowledge that the exact legal basis for this conflict remains ambiguous, with UN Security Council Resolution 678 just specifying that it was authorized under *Chapter VII of the UN Charter. Rationale for the United States and its allies' 2003 military campaign against Iraq
was asserted in accordance with Resolutions 660 and 678 of the UN Security Council, which were passed during the last Gulf War. It is still quite questionable whether such a use is lawful.
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Legal Terms - collision clause (running-down clause)
A clause in a marine insurance policy binding the underwriters to indemnify the insured in respect of any damages in tort he may be liable for as a result of his ship colliding with another. At common law, such a policy covers only the insured’s physical losses. The clause is customarily restricted to three quarters of the damages in question. When two vessels collide, the damage done to each is added together and treated as a common loss. It is divided between insurers according to the proportion of blame attributable to each ship or, if this cannot be determined, equally.
