- Published on
Legal Terms - Automated reservation
An autopsy, also known as a post-mortem examination, is the process of examining a deceased body to determine the cause of death. Coroners often make repeated requests for autopsies.
An autopsy, also known as a post-mortem examination, is the process of examining a deceased body to determine the cause of death. Coroners often make repeated requests for autopsies.
- Published on
Legal Terms - aut punire aut dedere
[Latin: either inflict punishment or submit] In the context of extradition law, the principle states that those who have committed a crime must either be punished by the country where they have sought shelter or be handed over to the country that has the ability and willingness to punish them.
[Latin: either inflict punishment or submit] In the context of extradition law, the principle states that those who have committed a crime must either be punished by the country where they have sought shelter or be handed over to the country that has the ability and willingness to punish them.
- Published on
Legal Terms – Autrefois Acquit
Autrefois acquit is a French term that means previously acquitted. A plea in bar of arraignment is made when the defendant claims that they have been previously acquitted by a court of competent jurisdiction for the same or a very similar offense they are currently being charged with. Alternatively, the defendant may argue that they could have been convicted for the same or a very similar offense in a previous indictment. Upon entering this plea, the judge assesses the matter at hand. If the plea is upheld, it prevents any other legal actions related to the indictment. The plea can be paired with a plea of *not guilty. The Criminal Justice Act 2003 permits the possibility of a retrial in some cases if there is fresh and persuasive evidence indicating that the acquitted individual is indeed guilty of the offense, and a retrial is deemed necessary for the sake of justice.
Autrefois acquit is a French term that means previously acquitted. A plea in bar of arraignment is made when the defendant claims that they have been previously acquitted by a court of competent jurisdiction for the same or a very similar offense they are currently being charged with. Alternatively, the defendant may argue that they could have been convicted for the same or a very similar offense in a previous indictment. Upon entering this plea, the judge assesses the matter at hand. If the plea is upheld, it prevents any other legal actions related to the indictment. The plea can be paired with a plea of *not guilty. The Criminal Justice Act 2003 permits the possibility of a retrial in some cases if there is fresh and persuasive evidence indicating that the acquitted individual is indeed guilty of the offense, and a retrial is deemed necessary for the sake of justice.
- Published on
Legal Terms - Autrefois Convict
[Previously convicted in French] A *special plea in bar
of arraignment in which the defendant is alleged to have been convicted previously
by a court with jurisdiction over the same matter (or one that is substantially the same)
The offense against which he is presently accused or that which he might have been
having been convicted on a prior indictment for the same (or a substantially similar offense).
inappropriate behavior. The issue is determined by the judge at the time this confession is entered. When the appeal
The indictment is barred from further proceedings if it is successful. Whichever the plea may be
when combined with a not-guilty one. The 2003 Criminal Justice Act permits
retrial in a restricted variety of offenses where compelling new evidence is presented.
There is evidence that the acquitted individual committed the offense, and a retrial is imminent.
in the pursuit of justice's interests.
[Previously convicted in French] A *special plea in bar
of arraignment in which the defendant is alleged to have been convicted previously
by a court with jurisdiction over the same matter (or one that is substantially the same)
The offense against which he is presently accused or that which he might have been
having been convicted on a prior indictment for the same (or a substantially similar offense).
inappropriate behavior. The issue is determined by the judge at the time this confession is entered. When the appeal
The indictment is barred from further proceedings if it is successful. Whichever the plea may be
when combined with a not-guilty one. The 2003 Criminal Justice Act permits
retrial in a restricted variety of offenses where compelling new evidence is presented.
There is evidence that the acquitted individual committed the offense, and a retrial is imminent.
in the pursuit of justice's interests.
- Published on
Legal Terms – Authority
Authority is defined as the power given to an individual or group to do action in a specific manner.
method. An individual who is granted authority is commonly referred to as an agent, while the individual granting the authority is known as the principle. 2. A governmental entity, such as a local authority, that is authorized and obligated to carry out specific functions. 3. A judicial ruling or any other authoritative legal source that serves as a basis for a legal statement.
Authority is defined as the power given to an individual or group to do action in a specific manner.
method. An individual who is granted authority is commonly referred to as an agent, while the individual granting the authority is known as the principle. 2. A governmental entity, such as a local authority, that is authorized and obligated to carry out specific functions. 3. A judicial ruling or any other authoritative legal source that serves as a basis for a legal statement.
- Published on
Legal Terms – Authorized Capital
Authorized capital, also known as nominal capital, refers to the maximum amount of capital that a company is legally allowed to issue and have outstanding. The aggregate value of the shares that
A registered corporation is granted the authority to issue securities as a means to raise funds. The statement of capital and initial holdings, required for the registration of a company, must include the allowed capital, as well as the number and nominal value of the shares. This is in accordance with section 10 of the Companies Act 2006. As an illustration, a total capital of £120,000 can be allocated into 120,000 shares with a nominal value of £1 each. If the firm has issued 100,000 of these shares, its issued capital is £100,000. It also has the flexibility to issue further shares in the future without increasing its capital (see change of share capital). If the firm has received the entire nominal value of the shares issued, then its paid-up capital is equal to its issued capital. Uncalled capital refers to the situation where a corporation has not yet requested payment of the entire nominal value. Reserve capital refers to the portion of the uncalled capital that the firm has decided, through a special resolution, will only be called upon in the event of liquidation. According to section 763 of the Companies Act 2006, a public company is required to have a minimum authorized share capital of £50,000 or the equivalent amount in euros.
Authorized capital, also known as nominal capital, refers to the maximum amount of capital that a company is legally allowed to issue and have outstanding. The aggregate value of the shares that
A registered corporation is granted the authority to issue securities as a means to raise funds. The statement of capital and initial holdings, required for the registration of a company, must include the allowed capital, as well as the number and nominal value of the shares. This is in accordance with section 10 of the Companies Act 2006. As an illustration, a total capital of £120,000 can be allocated into 120,000 shares with a nominal value of £1 each. If the firm has issued 100,000 of these shares, its issued capital is £100,000. It also has the flexibility to issue further shares in the future without increasing its capital (see change of share capital). If the firm has received the entire nominal value of the shares issued, then its paid-up capital is equal to its issued capital. Uncalled capital refers to the situation where a corporation has not yet requested payment of the entire nominal value. Reserve capital refers to the portion of the uncalled capital that the firm has decided, through a special resolution, will only be called upon in the event of liquidation. According to section 763 of the Companies Act 2006, a public company is required to have a minimum authorized share capital of £50,000 or the equivalent amount in euros.
- Published on
Legal Terms - An authorized guarantee agreement (AGA)
An agreement between a landlord and tenant about the transfer of the lease to a third party, known as an assignment.
The tenant ensures that the assignee will fulfill the terms of the lease, as required under the Landlord and Tenant (Covenants) Act 1995. Unless the lease explicitly includes an AGA (Authorised Guarantee Agreement), the renter is not obligated to offer such a guarantee.
An agreement between a landlord and tenant about the transfer of the lease to a third party, known as an assignment.
The tenant ensures that the assignee will fulfill the terms of the lease, as required under the Landlord and Tenant (Covenants) Act 1995. Unless the lease explicitly includes an AGA (Authorised Guarantee Agreement), the renter is not obligated to offer such a guarantee.
- Published on
Legal Terms - Authorized investments
Previously, these investments were allowed for a trustee to invest trust property as outlined in the Trustee Investments Act of 1961. The Trustee Act 2000 has expanded the authority of trustees to make a broader range of investments.
Previously, these investments were allowed for a trustee to invest trust property as outlined in the Trustee Investments Act of 1961. The Trustee Act 2000 has expanded the authority of trustees to make a broader range of investments.
- Published on
Legal Terms - Asylum
An asylum is a place of refuge given to someone who is being pursued for extradition by a foreign government or who is fleeing persecution in their home country. One option is seeking sanctuary in a foreign country's territory (territorial asylum).
Asylum can be sought either within a country (territorial asylum) or within a foreign embassy (diplomatic asylum). The second point is especially controversial because it goes against the authority of the territorial state. Additionally, diplomatic refuge can only be given in situations where there is an accusation of a political offense, not for cases involving offenses under common law. Latin American republics widely acknowledge the concept of diplomatic asylum.
The conventions pertaining to it are the Havana Convention of 1928, the Montevideo Convention of 1933, and the Caracas Convention of 1954. The concept of diplomatic asylum was established and clarified in the Asylum Case (Columbia v Peru) [1950] ICJ Rep 266.
The legal framework for giving political asylum to refugees is established by the Convention Relating to the Status of Refugees 1951 (UKTS 39 (1954) Cmd 9171), which was implemented in 1954 and to which the UK is a signatory. The initial 1951 Convention solely granted refugee status to individuals who were displaced by events that took transpired in Europe and other regions prior to 1 January 1951. The aforementioned paragraph was subsequently eliminated by the Protocol Relating to the Status of Refugees (1967) (UKTS 15 (1969) Cmnd 3906). The 1951 Convention provides a clear definition of a refugee as an individual who has a legitimate and justified fear of being subjected to persecution based on their race, religion, nationality, membership in a specific social group, or political beliefs. This person must be outside their own country and either unable or unwilling to return due to this fear.
Article 33 of the Convention establishes the right of non-refoulement as a protective measure for refugees. Nevertheless, the efficacy of this article is diminished by the fact that it is the responsibility of each state to ascertain whether an individual falls within the definition of a refugee as outlined in Article 1 of the Treaty.
In the UK, the regulations regarding the application process for political asylum and the process of appealing against a negative decision have been considerably strengthened by the implementation of the Immigration and Asylum Act 2002, the Nationality, Immigration and Nationality Act 1999, the Asylum and Immigration (Treatment of Claimants etc.) Act 2004, and the Immigration, Asylum and Nationality Act 2006. The proposed Nationality and Borders Bill for 2021 aims to eliminate several safeguards provided to asylum seekers who are considered to have entered the country unlawfully. Additionally, it seeks to enhance penalties for illegal entry and individuals perceived to have "facilitated" such entry, with a broader definition of the latter offense compared to previous definitions.
An asylum is a place of refuge given to someone who is being pursued for extradition by a foreign government or who is fleeing persecution in their home country. One option is seeking sanctuary in a foreign country's territory (territorial asylum).
Asylum can be sought either within a country (territorial asylum) or within a foreign embassy (diplomatic asylum). The second point is especially controversial because it goes against the authority of the territorial state. Additionally, diplomatic refuge can only be given in situations where there is an accusation of a political offense, not for cases involving offenses under common law. Latin American republics widely acknowledge the concept of diplomatic asylum.
The conventions pertaining to it are the Havana Convention of 1928, the Montevideo Convention of 1933, and the Caracas Convention of 1954. The concept of diplomatic asylum was established and clarified in the Asylum Case (Columbia v Peru) [1950] ICJ Rep 266.
The legal framework for giving political asylum to refugees is established by the Convention Relating to the Status of Refugees 1951 (UKTS 39 (1954) Cmd 9171), which was implemented in 1954 and to which the UK is a signatory. The initial 1951 Convention solely granted refugee status to individuals who were displaced by events that took transpired in Europe and other regions prior to 1 January 1951. The aforementioned paragraph was subsequently eliminated by the Protocol Relating to the Status of Refugees (1967) (UKTS 15 (1969) Cmnd 3906). The 1951 Convention provides a clear definition of a refugee as an individual who has a legitimate and justified fear of being subjected to persecution based on their race, religion, nationality, membership in a specific social group, or political beliefs. This person must be outside their own country and either unable or unwilling to return due to this fear.
Article 33 of the Convention establishes the right of non-refoulement as a protective measure for refugees. Nevertheless, the efficacy of this article is diminished by the fact that it is the responsibility of each state to ascertain whether an individual falls within the definition of a refugee as outlined in Article 1 of the Treaty.
In the UK, the regulations regarding the application process for political asylum and the process of appealing against a negative decision have been considerably strengthened by the implementation of the Immigration and Asylum Act 2002, the Nationality, Immigration and Nationality Act 1999, the Asylum and Immigration (Treatment of Claimants etc.) Act 2004, and the Immigration, Asylum and Nationality Act 2006. The proposed Nationality and Borders Bill for 2021 aims to eliminate several safeguards provided to asylum seekers who are considered to have entered the country unlawfully. Additionally, it seeks to enhance penalties for illegal entry and individuals perceived to have "facilitated" such entry, with a broader definition of the latter offense compared to previous definitions.
- Published on
Legal Terms -Attachment
An attachment is a legal order that allows for the arrest or seizure of a person and/or their belongings. The courts may employ attachment as a means of penalizing individuals who display contempt towards the court.
An attachment is a legal order that allows for the arrest or seizure of a person and/or their belongings. The courts may employ attachment as a means of penalizing individuals who display contempt towards the court.
