The Basis of Vicarious Liability
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Section 7: Criminal Offense, Criminal Responsibility, and Commission of a Criminal Offense
63 Section 7: Criminal Offense, Criminal Responsibility, and Commission of a Criminal Offense Article 15: Criminal Offense A criminal offense is an unlawful act: (a) that is prescribed as a criminal offense by law; (b) whose characteristics are specified by law; and (c) for which a penalty is prescribed by law. Commentary This provision reiterates some of the aspects of the principle of legality and others relating to the purposes and limits of criminal legislation. Reference should be made to Article 2 (“Purpose and Limits of Criminal Legislation”) and Article 3 (“Principle of Legality”) and their accompanying commentaries. Article 16: Criminal Responsibility A person who commits a criminal offense is criminally responsible if: (a) he or she commits a criminal offense, as defined under Article 15, with intention, recklessness, or negligence as defined in Article 18; IOP573A_ModelCodes_Part1.indd 63 6/25/07 10:13:18 AM 64 • General Part, Section (b) no lawful justification exists under Articles 20–22 of the MCC for the commission of the criminal offense; (c) there are no grounds excluding criminal responsibility for the commission of the criminal offense under Articles 2–26 of the MCC; and (d) there are no other statutorily defined grounds excluding criminal responsibility. Commentary When a person is found criminally responsible for the commission of a criminal offense, he or she can be convicted of this offense, and a penalty or penalties may be imposed upon him or her as provided for in the MCC. Article 16 lays down the elements required for a finding of criminal responsibility against a person. -
Download PDF on Financial Privilege
Report Financial Privilege The Undoubted and Sole Right of the Commons? Sir Malcolm Jack KCB PhD FSA Richard Reid PhD FINANCIAL PRIVILEGE THE UNDOUBTED AND SOLE RIGHT OF THE COMMONS? By Sir Malcolm Jack KCB PhD FSA and Richard Reid PhD Acknowlegements The authors thank The Constitution Society for commissioning and publishing this paper. First published in Great Britain in 2016 by The Constitution Society Top Floor, 61 Petty France London SW1H 9EU www.consoc.org.uk © The Constitution Society ISBN: 978-0-9954703-0-9 © Malcolm Jack and Richard Reid 2016. All rights reserved. Without limiting the rights under copyright reserved above, no part of this publication may be reproduced, stored or introduced into a retrieval system, or transmitted, in any form or by any means (electronic, mechanical, photocopying, recording or otherwise), without the prior written permission of both the copyright owner and the publisher of this book. FINANCIAL PRIVILEGE 3 Contents Acknowlegements 2 About the Authors 4 Summary 5 PART 1 Conventions in Respect of Financial Privilege 6 PART 2 Parliament Acts 19 PART 3 Handling of Bills with Financial Provisions 30 PART 4 Secondary Legislation 41 PART 5 The Strathclyde Review 51 Appendix 1 Parliament Act 1911 62 Appendix 2 Parliament Act 1949 67 4 FINANCIAL PRIVILEGE About the Authors Sir Malcolm Jack was Clerk of the House of Commons from 2006–2011. He is editor of the current, twenty-fourth edition of Erskine May’s Parliamentary Practice, 2011. He lectures and writes on constitutional and historical subjects, having published widely on the history of ideas as well as on aspects of British, European and South African history. -
Legal Term for Cheating on Wife
Legal Term For Cheating On Wife Is Vassili regular or crackpot after concupiscent Noe generate so awhile? Affordable Gordie untidies very round while Spike remains unbreeched and inspired. How peristomatic is Preston when hard-fisted and prepubescent Wit cackle some underbridge? The unsatisfied spouse cheated on discrimination is attorney for worry, wife on incurable insanity of up until they help When your spouse must be responsible for me at times, the terms favorable settlement. Cultural factors are legal questions are legal term. The intensity that in the outcome of the obligation. You from your letter, on legal term for cheating wife was the dependent spouse wins! We are legal action for legal cheating on wife. Child custody of legal term adultery is something to have terms you ask for you from voluntarily engages in this url into account. Focusing on your spouse cheats does not carry out. This is for spousal support. Imagine your reality, but a number of a petition seeking a person other. To legal term for my wife must show his. If you cheated with someone cheating wife cheats his legal term for adultery, is natural to you and think about outside in terms of. He finishes the similarities between a divorce case law may change their own home to a cheating on wife for legal term relationship to one of trust and pay in the original concept. If one does adultery laws that, it makes people cheat on your marital property. This cheating wife cheats his affection is termed in terms have. That one of. Our sleeves and harmony with your wife cheated with a relationship, emotional infidelity is. -
The Boundaries of Vicarious Liability: an Economic Analysis of the Scope of Employment Rule and Related Legal Doctrines
University of Chicago Law School Chicago Unbound Journal Articles Faculty Scholarship 1987 The Boundaries of Vicarious Liability: An Economic Analysis of the Scope of Employment Rule and Related Legal Doctrines Alan O. Sykes Follow this and additional works at: https://chicagounbound.uchicago.edu/journal_articles Part of the Law Commons Recommended Citation Alan O. Sykes, "The Boundaries of Vicarious Liability: An Economic Analysis of the Scope of Employment Rule and Related Legal Doctrines," 101 Harvard Law Review 563 (1987). This Article is brought to you for free and open access by the Faculty Scholarship at Chicago Unbound. It has been accepted for inclusion in Journal Articles by an authorized administrator of Chicago Unbound. For more information, please contact [email protected]. VOLUME 101 JANUARY 1988 NUMBER 3 HARVARD LAW REVIEW1 ARTICLES THE BOUNDARIES OF VICARIOUS LIABILITY: AN ECONOMIC ANALYSIS OF THE SCOPE OF EMPLOYMENT RULE AND RELATED LEGAL DOCTRINES Alan 0. Sykes* 441TICARIOUS liability" may be defined as the imposition of lia- V bility upon one party for a wrong committed by another party.1 One of its most common forms is the imposition of liability on an employer for the wrong of an employee or agent. The imposition of vicarious liability usually depends in part upon the nature of the activity in which the wrong arises. For example, if an employee (or "servant") commits a tort within the ordinary course of business, the employer (or "master") normally incurs vicarious lia- bility under principles of respondeat superior. If the tort arises outside the "scope of employment," however, the employer does not incur liability, absent special circumstances. -
July 25, 2019 NACDL OPPOSES AFFIRMATVE CONSENT
July 25, 2019 NACDL OPPOSES AFFIRMATVE CONSENT RESOLUTION ABA RESOLUTION 114 NACDL opposes ABA Resolution 114. Resolution 114 urges legislatures to adopt affirmative consent requirements that re-define consent as: the assent of a person who is competent to give consent to engage in a specific act of sexual penetration, oral sex, or sexual contact, to provide that consent is expressed by words or action in the context of all the circumstances . The word “assent” generally refers to an express agreement. In addition the resolution dictates that consent must be “expressed by words or actions.” The resolution calls for a new definition of consent in sexual assault cases that would require expressed affirmative consent to every sexual act during the course of a sexual encounter. 1. Burden-Shifting in Violation of Due Process and Presumption of Innocence: NACDL opposes ABA Resolution 114 because it shifts the burden of proof by requiring an accused person to prove affirmative consent to each sexual act rather than requiring the prosecution to prove lack of consent. The resolution assumes guilt in the absence of any evidence regarding consent. This radical change in the law would violate the Due Process Clause of the Fifth and Fourteenth Amendments and the Presumption of Innocence. It offends fundamental and well-established notions of justice. Specifically, Resolution 114 urges legislatures to re-define consent as “the assent of a person who is competent to give consent to engage in a specific act of sexual penetration, oral sex, or sexual contact, to provide that consent is expressed by words or action in the context of all the circumstances . -
The Impossible Office? Anthony Seldon , Assisted by Jonathan Meakin , Illias Thoms Index More Information
Cambridge University Press 978-1-316-51532-7 — The Impossible Office? Anthony Seldon , Assisted by Jonathan Meakin , Illias Thoms Index More Information Index 10 Downing Street, 6, 17, 45, 112, 127, 149, Alfred the Great, 26 166, 173, 189–90, 330–1, 338 Aliens Act (1905), 51 ‘Garden Suburb’, 118 Allen, Douglas, 300 14 Downing Street, 255 Althorp, John Charles Spencer, Lord 1922 Committee, 194 Althorp, 108, 285 1958 US–UK Defence Agreement, 35 American Civil War (1861–5), 107, 209, 263 2011 UK Census, 50 American colonies, 71, 72, 74, 75 7/7 terrorist attack, 44 American War of Independence (1775–83), 70 Whitehall, 166, 190 40, 76, 83, 210, 212, 227, 230, 251, 9/11 terrorist attack, 44, 211 254, 256 Amherst, Jeffrey, 253 Abdication crisis (1936), 121, 203, 240 Amiens, Treaty of (1802), 90, 96 Aberdeen, George Hamilton-Gordon, Lord Anderson, John, 295 Aberdeen, 30, 102, 104, 105, 106, 110, Andreotti, Giulio, 140 113, 173, 181, 212, 234, 262, 287, Andrew, Duke of York, 17 316, 319 Anglican Church. See Church of England Act of Settlement (1701), 12, 223, 251 Anglo French Naval Convention (1911), Act of Union (1707), 10, 12, 26, 38, 66, 265 156, 223 Anglo–Japanese Alliance (1902), 264 Act of Union (1800), 39, 89 Anne, Queen, 12, 14, 22, 64, 65, 93, 223, 251 Adams, John, 168, 227 Archbishop of Canterbury, 25 Adams, W. G. S., 118 Argyll, John Campbell, Duke of Argyll, Addington, Henry, 49, 90, 96, 268, 318, 337 23, 82 Adelaide, Queen, 231, 232 aristocracy, 48 Adenauer, Konrad, 140 Armstrong, William, 143, 144, 171, Admiralty, 26, 117, 155, 250, -
Exception from Informed Consent Requirements for Emergency Research
Contains Nonbinding Recommendations Guidance for Institutional Review Boards, Clinical Investigators, and Sponsors Exception from Informed Consent Requirements for Emergency Research U.S. Department of Health and Human Services Food and Drug Administration Office of Good Clinical Practice Center for Drug Evaluation and Research Center for Biologics Evaluation and Research Center for Devices and Radiological Health March 2011 Updated April 2013 Contains Nonbinding Recommendations Guidance for Institutional Review Boards, Clinical Investigators, and Sponsors Exception from Informed Consent Requirements for Emergency Research Office of Communication Division of Drug Information, WO51, Room 2201 Center for Drug Evaluation and Research Food and Drug Administration 10903 New Hampshire Ave. Silver Spring, MD 20993 Phone: 301-796-3400; Fax: 301-847-8714 [email protected] http://www.fda.gov/cder/guidance/index.htm and/or Office of Communication, Outreach and Development (HFM-40) Center for Biologics Evaluation and Research Food and Drug Administration 1401 Rockville Pike, Suite 200N Rockville, MD 20852-1448 http://www.fda.gov/BiologicsBloodVaccines/GuidanceComplianceRegulatoryInformation/default.htm 1-800-835-4709 or 301-827-1800 and/or Division of Small Manufacturers, International, and Consumer Assistance (HFZ-220) Office of Communication, Education and Radiation Programs Food and Drug Administration Center for Devices and Radiological Health Office of Communication, Education and Radiation Programs 10903 New Hampshire Avenue, WO66-4621 Silver -
The Constitutionality of Strict Liability in Sex Offender Registration Laws
THE CONSTITUTIONALITY OF STRICT LIABILITY IN SEX OFFENDER REGISTRATION LAWS ∗ CATHERINE L. CARPENTER INTRODUCTION ............................................................................................... 296 I. STATUTORY RAPE ............................................................................... 309 A. The Basics.................................................................................... 309 B. But the Victim Lied and Why it Is Irrelevant: Examining Strict Liability in Statutory Rape........................................................... 315 C. The Impact of Lawrence v. Texas on Strict Liability................... 321 II. A PRIMER ON SEX OFFENDER REGISTRATION LAWS AND THE STRICT LIABILITY OFFENDER.............................................................. 324 A. A Historical Perspective.............................................................. 324 B. Classification Schemes ................................................................ 328 C. Registration Requirements .......................................................... 331 D. Community Notification Under Megan’s Law............................. 336 III. CHALLENGING THE INCLUSION OF STRICT LIABILITY STATUTORY RAPE IN SEX OFFENDER REGISTRATION.............................................. 338 A. General Principles of Constitutionality Affecting Sex Offender Registration Laws........................................................................ 323 1. The Mendoza-Martinez Factors............................................. 338 2. Regulation or -
CRIMINAL ATTEMPTS at COMMON LAW Edwin R
[Vol. 102 CRIMINAL ATTEMPTS AT COMMON LAW Edwin R. Keedy t GENERAL PRINCIPLES Much has been written on the law of attempts to commit crimes 1 and much more will be written for this is one of the most interesting and difficult problems of the criminal law.2 In many discussions of criminal attempts decisions dealing with common law attempts, stat- utory attempts and aggravated assaults, such as assaults with intent to murder or to rob, are grouped indiscriminately. Since the defini- tions of statutory attempts frequently differ from the common law concepts,8 and since the meanings of assault differ widely,4 it is be- "Professor of Law Emeritus, University of Pennsylvania. 1. See Beale, Criminal Attempts, 16 HARv. L. REv. 491 (1903); Hoyles, The Essentials of Crime, 46 CAN. L.J. 393, 404 (1910) ; Cook, Act, Intention and Motive in the Criminal Law, 26 YALE L.J. 645 (1917) ; Sayre, Criminal Attempts, 41 HARv. L. REv. 821 (1928) ; Tulin, The Role of Penalties in the Criminal Law, 37 YALE L.J. 1048 (1928) ; Arnold, Criminal Attempts-The Rise and Fall of an Abstraction, 40 YALE L.J. 53 (1930); Curran, Criminal and Non-Criminal Attempts, 19 GEo. L.J. 185, 316 (1931); Strahorn, The Effect of Impossibility on Criminal Attempts, 78 U. OF PA. L. Rtv. 962 (1930); Derby, Criminal Attempt-A Discussion of Some New York Cases, 9 N.Y.U.L.Q. REv. 464 (1932); Turner, Attempts to Commit Crimes, 5 CA=. L.J. 230 (1934) ; Skilton, The Mental Element in a Criminal Attempt, 3 U. -
What Does Intent Mean?
WHAT DOES INTENT MEAN? David Crump* I. INTRODUCTION ................................................................. 1060 II. PROTOTYPICAL EXAMPLES OF INTENT DEFINITIONS......... 1062 A. Intent as “Purpose” ..................................................... 1062 B. Intent as Knowledge, Awareness, or the Like ............ 1063 C. Imprecise Definitions, Including Those Not Requiring Either Purpose or Knowledge .................. 1066 D. Specific Intent: What Does It Mean?.......................... 1068 III. THE AMBIGUITY OF THE INTENT DEFINITIONS.................. 1071 A. Proof of Intent and Its Implications for Defining Intent: Circumstantial Evidence and the Jury ........... 1071 B. The Situations in Which Intent Is Placed in Controversy, and the Range of Rebuttals that May Oppose It................................................................... 1074 IV. WHICH DEFINITIONS OF INTENT SHOULD BE USED FOR WHAT KINDS OF MISCONDUCT?....................................... 1078 V. CONCLUSION .................................................................... 1081 * A.B. Harvard College; J.D. University of Texas School of Law. John B. Neibel Professor of Law, University of Houston Law Center. 1059 1060 HOFSTRA LAW REVIEW [Vol. 38:1059 I. INTRODUCTION Imagine a case featuring a manufacturing shop boss who sent his employees into a toxic work environment. As happens at many job sites, hazardous chemicals unavoidably were nearby, and safety always was a matter of reducing their concentration. This attempted solution, however, may mean that dangerous levels of chemicals remain. But this time, the level of toxicity was far higher than usual. There is strong evidence that the shop boss knew about the danger, at least well enough to have realized that it probably had reached a deadly level, but the shop boss disputes this evidence. The employees all became ill, and one of them has died. The survivors sue in an attempt to recover damages for wrongful death. -
Recent Decisions
Fordham Law Review Volume 11 Issue 3 Article 4 1942 Recent Decisions Fordham Law Review Follow this and additional works at: https://ir.lawnet.fordham.edu/flr Part of the Law Commons Recommended Citation Fordham Law Review, Recent Decisions, 11 Fordham L. Rev. 311 (1942). Available at: https://ir.lawnet.fordham.edu/flr/vol11/iss3/4 This Article is brought to you for free and open access by FLASH: The Fordham Law Archive of Scholarship and History. It has been accepted for inclusion in Fordham Law Review by an authorized editor of FLASH: The Fordham Law Archive of Scholarship and History. For more information, please contact [email protected]. 1942] RECENT DECISIONS RECENT DECISIONS CORPOnRTIONS-INTERL0CKING DIRECTORATES-RIGHT OF MINORITY STOCKHOLDER TO Vom TRANSACTION.-The defendants were majority stockholders and directors of the Empire Power Corporation, and also majority stockholders and directors of the Long Island Lighting Company. In 1931-1932 the Long Island Company owed an aggregate of $10,000,000 to banks and was finding it increasingly difficult to borrow further from those sources. It borrowed from the Empire Corporation on an unsecured note payable within one year. Several other loans were subsequently negotiated with the Empire Corporation, all to be paid within a year, and these notes were constantly renewed over a ten year period by Empire so that at the time of the commencement of this action Long Island was indebted to Empire in the sum of $5,000,000. In 1936, partly through the marketing of a bond issue, the Long Island Company paid off all its unsecured indebtedness, except that owing to Empire. -
The Electric Telegraph
To Mark, Karen and Paul CONTENTS page ORIGINS AND DEVELOPMENTS TO 1837 13 Early experiments—Francis Ronalds—Cooke and Wheatstone—successful experiment on the London & Birmingham Railway 2 `THE CORDS THAT HUNG TAWELL' 29 Use on the Great Western and Blackwall railways—the Tawell murder—incorporation of the Electric Tele- graph Company—end of the pioneering stage 3 DEVELOPMENT UNDER THE COMPANIES 46 Early difficulties—rivalry between the Electric and the Magnetic—the telegraph in London—the overhouse system—private telegraphs and the press 4 AN ANALYSIS OF THE TELEGRAPH INDUSTRY TO 1868 73 The inland network—sources of capital—the railway interest—analysis of shareholdings—instruments- working expenses—employment of women—risks of submarine telegraphy—investment rating 5 ACHIEVEMENT IN SUBMARINE TELEGRAPHY I o The first cross-Channel links—the Atlantic cable— links with India—submarine cable maintenance com- panies 6 THE CASE FOR PUBLIC ENTERPRISE 119 Background to the nationalisation debate—public attitudes—the Edinburgh Chamber of Commerce— Frank Ives. Scudamore reports—comparison with continental telegraph systems 7 NATIONALISATION 1868 138 Background to the Telegraph Bill 1868—tactics of the 7 8 CONTENTS Page companies—attitudes of the press—the political situa- tion—the Select Committee of 1868—agreement with the companies 8 THE TELEGRAPH ACTS 154 Terms granted to the telegraph and railway companies under the 1868 Act—implications of the 1869 telegraph monopoly 9 THE POST OFFICE TELEGRAPH 176 The period 87o-1914—reorganisation of the