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Legal Terms - classical school of criminology
one of the two *criminology major schools. It dates back to the 18th century and is based on the philosophical theory of *utilitarianism. According to this theory, people are self-aware, rational beings who make their own decisions. When presented with options, they will evaluate the advantages and disadvantages of each and take the course of action that will maximize their enjoyment and minimize their suffering. This explains why there is crime and why a reasonable penal code is required, whereby the possibility of punishment serves as a deterrent to criminal activity. Penalties must be definite, fast, and appropriate for the offense in order to serve as an effective deterrence.
The *positivist school of criminology emerged in the late 19th century as a counter to the classical school. It emphasizes the different social and psychological factors that might lead an individual to commit crimes while downplaying the importance of free choice. The so-called rational choice theory, which emphasizes the opportunistic element in many crimes and the need of monitoring and environmental design (such as improved street lighting) in crime prevention, has brought some elements of the classical approach back to life more recently.
one of the two *criminology major schools. It dates back to the 18th century and is based on the philosophical theory of *utilitarianism. According to this theory, people are self-aware, rational beings who make their own decisions. When presented with options, they will evaluate the advantages and disadvantages of each and take the course of action that will maximize their enjoyment and minimize their suffering. This explains why there is crime and why a reasonable penal code is required, whereby the possibility of punishment serves as a deterrent to criminal activity. Penalties must be definite, fast, and appropriate for the offense in order to serve as an effective deterrence.
The *positivist school of criminology emerged in the late 19th century as a counter to the classical school. It emphasizes the different social and psychological factors that might lead an individual to commit crimes while downplaying the importance of free choice. The so-called rational choice theory, which emphasizes the opportunistic element in many crimes and the need of monitoring and environmental design (such as improved street lighting) in crime prevention, has brought some elements of the classical approach back to life more recently.
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Legal Terms - class rights
Rights that are granted to an individual for the duration that he holds any shares, or that are attached to a specifically designated class of shares (preference *shares, for example). In the latter scenario, shareholders establish themselves as a distinct class. Class rights typically include the right to *dividends, the return of capital in the event of a *winding-up, or the appointment of directors to the board. Class rights can only be changed with the approval of the affected class (Companies Act 2006 s. 630) or in compliance with a provision in the company's constitutional papers. Affected class members who did not consent to the modification and who own at least 15% of the class's issued shares may file a 21-day notice of cancellation with the court (Companies Act 2006, s. 633).
Rights that are granted to an individual for the duration that he holds any shares, or that are attached to a specifically designated class of shares (preference *shares, for example). In the latter scenario, shareholders establish themselves as a distinct class. Class rights typically include the right to *dividends, the return of capital in the event of a *winding-up, or the appointment of directors to the board. Class rights can only be changed with the approval of the affected class (Companies Act 2006 s. 630) or in compliance with a provision in the company's constitutional papers. Affected class members who did not consent to the modification and who own at least 15% of the class's issued shares may file a 21-day notice of cancellation with the court (Companies Act 2006, s. 633).
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Legal Terms - Clause
1. A section inside a text. A written contract's clauses contain the terms and provisions of the agreement. Subclauses may come after a clause and be numbered 1.1, 1.1.1, etc. Clauses are often numbered consecutively (1, 2, etc.). 2. A section of a *Bill.
1. A section inside a text. A written contract's clauses contain the terms and provisions of the agreement. Subclauses may come after a clause and be numbered 1.1, 1.1.1, etc. Clauses are often numbered consecutively (1, 2, etc.). 2. A section of a *Bill.
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Legal Terms - clean break
The Matrimonial Causes Act 1973, s. 25A, enshrines the notion that, in the event of a divorce, the court should use its discretion to ensure that each spouse is financially independent of the other, provided that doing so is equitable and reasonable. In most cases, this entails the court ordering one spouse to provide the other a lump sum payment rather than ongoing, periodic payments. In reality, a clean break is typically only enforced in situations involving extremely rich individuals, brief childless marriages, or well-established careers for both partners. If the court determines that a party might reasonably adjust to the loss of financial support in the near future, it may also issue a postponed clean break order, which stipulates that periodic payments would stop after a predetermined amount of time. Even after the court has achieved a clean break in a divorce, a parent who is responsible for a child may apply directly to the Child Maintenance Service for a maintenance assessment under the terms of the Child Support Act of 1991.
The Matrimonial Causes Act 1973, s. 25A, enshrines the notion that, in the event of a divorce, the court should use its discretion to ensure that each spouse is financially independent of the other, provided that doing so is equitable and reasonable. In most cases, this entails the court ordering one spouse to provide the other a lump sum payment rather than ongoing, periodic payments. In reality, a clean break is typically only enforced in situations involving extremely rich individuals, brief childless marriages, or well-established careers for both partners. If the court determines that a party might reasonably adjust to the loss of financial support in the near future, it may also issue a postponed clean break order, which stipulates that periodic payments would stop after a predetermined amount of time. Even after the court has achieved a clean break in a divorce, a parent who is responsible for a child may apply directly to the Child Maintenance Service for a maintenance assessment under the terms of the Child Support Act of 1991.
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Legal Terms -clean hands
A statement from a *maxim of equity states that a person making a claim in equity must do it with clean hands, meaning they must not have any fraud stains on their claim. An someone who wants to enforce an agreement, for instance, can't be breaking it themselves.
A statement from a *maxim of equity states that a person making a claim in equity must do it with clean hands, meaning they must not have any fraud stains on their claim. An someone who wants to enforce an agreement, for instance, can't be breaking it themselves.
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Legal Terms- clearance
A document attesting to a ship's adherence to customs regulations. 2. A written declaration from HM Revenue and Customs stating that a certain proposed transaction is exempt from a particular *anti-avoidance law. The process is only available in situations that are defined by statute, such as when a firm reorganizes its share capital, demerges its trade, or buys its own shares. After approval has been granted (and not
removed), even though the transaction would come under the taxing requirement, the anti-avoidance clause is not applicable to the transaction.
A document attesting to a ship's adherence to customs regulations. 2. A written declaration from HM Revenue and Customs stating that a certain proposed transaction is exempt from a particular *anti-avoidance law. The process is only available in situations that are defined by statute, such as when a firm reorganizes its share capital, demerges its trade, or buys its own shares. After approval has been granted (and not
removed), even though the transaction would come under the taxing requirement, the anti-avoidance clause is not applicable to the transaction.
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Legal Terms -clerk to the justices (also known as the magistrates' or judges' clerk)
An individual designated to support magistrates in court, primarily by providing legal and procedural advice, is a person with a five-year magistrates' court qualification or a barrister or solicitor with at least five years of experience working as a clerk's assistant. The justices will get advice from the clerk or a member of his staff while they are in court, but they shouldn't leave together to deliberate over their decision. He may provide them private advice during their retirement at their request, but after giving it, he must come back to the court.
An individual designated to support magistrates in court, primarily by providing legal and procedural advice, is a person with a five-year magistrates' court qualification or a barrister or solicitor with at least five years of experience working as a clerk's assistant. The justices will get advice from the clerk or a member of his staff while they are in court, but they shouldn't leave together to deliberate over their decision. He may provide them private advice during their retirement at their request, but after giving it, he must come back to the court.
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Legal Terms – Clinical Commissioning Groups (CCGs),
Since 1 April 2013, the system of *Primary Care Trusts (PCTs) has been replaced by Clinical Commissioning Groups (CCGs), self-governing bodies within the *National Health Service that are now responsible for commissioning the majority of NHS services under the Health and Social Care Act of 2012. A lot of the duties formerly performed by the Department of Health have also been assumed by CCGs, in addition to those performed by PCTs. These days, every general practitioner practice is a part of a CCG, which also includes other medical specialists including nurses. The majority of services, such as scheduled hospital treatment, rehabilitative care, urgent and emergency care (including after hours), mental health and learning disability services, and most community health services, are commissioned by CCGs. Any service provider that satisfies NHS criteria and fees may be contracted by CCGs; these providers may include NHS hospitals, social entrepreneurs, nonprofit organizations, or private sector companies.
Since 1 April 2013, the system of *Primary Care Trusts (PCTs) has been replaced by Clinical Commissioning Groups (CCGs), self-governing bodies within the *National Health Service that are now responsible for commissioning the majority of NHS services under the Health and Social Care Act of 2012. A lot of the duties formerly performed by the Department of Health have also been assumed by CCGs, in addition to those performed by PCTs. These days, every general practitioner practice is a part of a CCG, which also includes other medical specialists including nurses. The majority of services, such as scheduled hospital treatment, rehabilitative care, urgent and emergency care (including after hours), mental health and learning disability services, and most community health services, are commissioned by CCGs. Any service provider that satisfies NHS criteria and fees may be contracted by CCGs; these providers may include NHS hospitals, social entrepreneurs, nonprofit organizations, or private sector companies.
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Legal Terms - clog or fetter on the equitable right to redeem
Any clause in a *mortgage deed that forbids redemption upon fulfillment of the obligation or debt for which the security was granted. These clauses are unenforceable. A mortgage deed that gives the mortgagee the opportunity to buy the mortgaged property either before or after the mortgage has been repaid serves as an example (Jones v. Morgan [2001] EWCA Civ 995). Unconscionable clauses in a mortgage are likewise null and void, such as ones that prohibit redemption for a period of 100 years. Still, a business might issue *debentures that cannot be redeemed. If the transaction containing a provision is a business arrangement rather than a mortgage, then the provision can be acceptable even though it would otherwise be unconscionable. Therefore, as long as these clauses do not violate the contractual prohibitions against *restraint of commerce, they will be upheld in public house or garage mortgages made by their tenants or owners to brewers or oil firms. The Consumer Rights Act of 2015 allows one to contest redemption penalties that are not fair.
Any clause in a *mortgage deed that forbids redemption upon fulfillment of the obligation or debt for which the security was granted. These clauses are unenforceable. A mortgage deed that gives the mortgagee the opportunity to buy the mortgaged property either before or after the mortgage has been repaid serves as an example (Jones v. Morgan [2001] EWCA Civ 995). Unconscionable clauses in a mortgage are likewise null and void, such as ones that prohibit redemption for a period of 100 years. Still, a business might issue *debentures that cannot be redeemed. If the transaction containing a provision is a business arrangement rather than a mortgage, then the provision can be acceptable even though it would otherwise be unconscionable. Therefore, as long as these clauses do not violate the contractual prohibitions against *restraint of commerce, they will be upheld in public house or garage mortgages made by their tenants or owners to brewers or oil firms. The Consumer Rights Act of 2015 allows one to contest redemption penalties that are not fair.
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Legal Terms - claim
An assertion of a right or a demand for a remedy, particularly the right to file a specific case in court (right of action). It is a phrase used in civil cases
An assertion of a right or a demand for a remedy, particularly the right to file a specific case in court (right of action). It is a phrase used in civil cases
