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3. Collin P.H. Dictionary of Law. 8,000 terms clearly defined. 4th edition. Bloomsbury Publishing Plc, 2004.
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Judges in the UK
Judges are normally appointed from practicing barristers or solicitors.
High Court judges, circuit judges and recorders are appointed by the Queen on the recommendation of the Lord Chancellor. District judges are appointed by the Lord Chancellor. Circuit judges are district judges who are appointed through a competitive procedure including an interview before a panel which makes recommendation to the Lord Chancellor. Over the next few years, this procedure for making appointments is to be extended to all judicial posts below the level of the High Court.
Circuit judges, who preside in county courts and the Crown Court, are appointed from barristers or solicitors who have held a right of audience in the Crown Court or in county courts for at least ten years or from recorders with at least two years experience. Recorders are part-time judges in the Crown Court and county courts and are appointed from among those barristers or solicitors who have held a right of audience in the Crown Court or county courts for at least ten years; they are expected to sit for at least 20 days a year but no more than 50. High Court judges are appointed from practitioners who have held a right of audience in the High Court for at least ten years, or from among circuit judges who have served for at least two years.
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Restitution
In the context of Criminal Law, state programs under which an offender is required, as a condition of his or her sentence, to repay money or donate services to the victim or society.
The general term restitution describes the act of restoration. The term is used in different areas of the law but carries the same meaning throughout.
The basic purpose of restitution is to achieve fairness and prevent the Unjust Enrichment of a party. Restitution is used in contractual situations where one party has conferred a benefit on another party but cannot collect payment because the contract is defective or no contract exists. For instance, assume that a person builds a barn on the property of another person. Assume further that the structure is not erected pursuant to a contract or agreement and that the owner of the property on which the barn sits refuses to pay the builder for the barn. Despite the absence of a contract, a court can order the owner to pay the builder the cost of the labor and materials under the doctrine of restitution.
Courts in seventeenth century England first developed the doctrine of restitution as a contractual remedy. The concept migrated to courts in the United States, and it has since expanded beyond its original contractual roots. Courts now apply restitution in the areas of maritime or admiralty law, criminal law, and torts. In admiralty law restitution may be ordered when a shipping crew must throw goods overboard to keep the ship afloat. In such a case the owner of the jettisoned goods may gain some recovery for the goods from the owners of the other cargo under the doctrine of restitution.
In criminal law restitution is a regular feature in the sentences of criminal defendants. Restitution in the criminal arena refers to an affirmative performance by the defendant that benefits either the victim of the crime or the general public. If a victim can be identified, a judge will order the defendant to make restitution to the victim. For example, if a defendant is convicted of stealing a person's stereo, the defendant may be sentenced to reimburse the victim for the value of the stereo, in addition to punishment such as jail time and monetary fines.
Courts try to fashion the restitution of a criminal defendant according to the crime committed. For example, a defendant convicted of solicitation of prostitution may be ordered to perform work for a local shelter for battered women as a form of restitution to the general public.
In tort law restitution applies to the measure of damages required to restore the plaintiff to the position he or she held prior to the commission of the tort. For example, if a person is injured by another person, the injured party may collect medical expenses and lost wages as restitutionary damages. Other civil damages are distinct from restitutionary damages because they are not based on the amount required to restore the injured party to his or her former status. Punitive Damages, for example, are damages assessed against a civil defendant for the purpose of punishing the defendant's conduct, not to provide restitution.
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3. Collin P.H. Dictionary of Law. 8,000 terms clearly defined. 4th edition. Bloomsbury Publishing Plc, 2004.
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Classification of Crimes
Crimes may be classified according to the seriousness of the offence. Two main1 categories are used for this purpose. Misdemeanours are the less serious offences. Generally, misdemeanours are punishable by a short jail term, fine probation, or some other penalty that does not involve incarceration in a prison. Felonies are punishable by more than a year in jail, incarceration in a prison, or capital punishment.
Crimes may be classified as "mala in se" and "mala prohibita". "Mala in se" are acts that are considered to be criminal in nature, such acts as murder and rape. "Mala prohibita" are acts that are not usually regarded as criminal, they are criminal because legislature has designated them as crimes. Examples of mala prohibita crimes today are the use of some drugs, and the use of alcohol by certain age groups.
Most of serious crimes committed in the USA are not violent personal crimes; they are crimes against property. The most frequently committed offence is larceny-theft. Larceny-theft is unlawful taking, carrying, leading, or riding away of property. It includes such crimes as shoplifting, pocket picking, purse snatching, thefts from motor vehicles, bicycle thefts in which no use of force, violence, or fraud takes place. This crime category does not include embezzlement, forgery, and cashing worthless checks. Motor vehicles theft is excluded from this category too, since it is a separate crime offence. Robbery is often confused with theft, the difference being in use of force or threat of the use of force to the person.
Larceny-theft do not include some new types of thefts credit card thefts by computer. Computer crime is already an international problem of great importance and is expected to increase with the growth of electronic data processing. Experts think that computer thieves steal more than 40 billion dollars a year. Computer hackers have gained access to banks and even to the Department of Defence computer network.
The second major category of property crime is burglary the unlawful entry to premises to commit a felony or theft.
The United States leads the world in violent crime against the person. Crimes included by FBI in violent personal crimes are robbery, aggravated assault, murder and forcible rape.
NOTES:
misdemeanour ['misdi'mi:n ]
mala in se (.)
mala prohibita (.) ,
premises (pi)
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Ordeal
Ordal is a judgement of the truth of some laim or ausation by various means based on th belief that the outome will reflet the judgement of supernatural powers and that these powers will ensure the triumph of right. Although fatal onsequenes often attend an ordeal, its purpose is not punitiv.
The main types of ordeal ar ordeals by divination, physial tst and battle. A Burmese ordeal by divination involves two parties being furnished with andles of equal siz and lit simultanously; the owner of the andle that outlasts the other is adjudged to have won his ause. Another form of ordal by divination is the appeal to th orpse for the diovery of its murderer.
Th ordeal by physial test, partiularly by fire or water, is the most ommon. In Hindu ods a wif may be rquired to pass through fire to prove her fidelity to a jealous husband; traes of burning would be regarded as proof of guilt. The pratie of dunking suspeted withes was based on the notion that water, as the medium of baptism, would aept or reeive, the innoent and rejet the guilty. Court offiials would ti the womans feet and hands together and then drop hr into some deep water. If she went straight to the bottom and downed, it ws a sur sign that she wasnt a with. On the other hand, if she didnt sink and just bobbed around for a while, the law said she was to be ondemned as a with.
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In ordeal by ombat, or ritual ombat, the vitor is said to win not by his own strength but beaus suprnatural powers have intervened on the side of the right, as in the duel in the uropean Middl Ages in whih the judgemnt of God was thought to determine the winner. If still aliv after the ombat, the loser might be hanged or burnd for a riminal offene or have a hand ut off and property onfisated in ivil ations.
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3. Collin P.H. Dictionary of Law. 8,000 terms clearly defined. 4th edition. Bloomsbury Publishing Plc, 2004.
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Forming a Corporation
To form a corporation, you must file articles of incorporation with the corporations division (usually part of the Secretary of State's office) of your state government. Filing fees are typically $100 or so. For most small corporations, articles of incorporation are relatively short and easy to prepare. Most states provide a simple form for you to fill out, which usually asks for little more than the name of your corporation, its address and the contact information for one person involved with the corporation (often called a registered agent or statutory agent). Some states also require you to list the names of the directors of your corporation.
In addition to filing articles of incorporation, you must create corporate bylaws. While bylaws do not have to be filed with the state, they are important because they set out the basic rules that govern the ongoing formalities and decisions of corporate life, such as how and when to hold regular and special meetings of directors and shareholders and the number of votes that are necessary to approve corporate decisions.
You must issue stock certificates to the initial owners (shareholders) of the corporation and record who owns the ownership interests (shares or stock) in the business.
Every company needs a federal employer identification number (EIN). So, you must apply for and get one from the Internal Revenue Service (IRS).
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Formation of a Company in Great Britain
To set up as a limited company in the UK, you will need to send several documents and completed forms to Companies House, or the Registrar of Companies. In Britain there are some types of limited companies - private limited company by shares, private limited company by guarantee and public limited company (PLC). The incorporation requirements are basically the same for any type, though there are some special rules as well.
Companies House charges a standard registration fee of £20. It also offers a premium same-day registration service for a fee of £80. Memorandum and Articles of Association have to be obtained from law stationers or company formation agents.
The documents that must be filed include:
A Memorandum of Association, giving details of the company's name, location and what it will do.
Articles of Association, describing how the company will be run, the rights of the shareholders and the powers of the company's directors.
Form 10 (Statement of the First Directors, Secretary and Registered Office) giving details of the company's registered office and the names and addresses of its directors and company secretary.
Form 12 (Declaration of Compliance with the Requirements of the Companies Act), stating that the company meets all the legal requirements of incorporation.
The name that you choose:
must be original in the sense that it has not been registered by another person;
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must end in the word limited (abbreviated as Ltd.);
must not be deemed offensive to any third party;
must in no way associate itself with Her Majesty Government or the local authority.
The Memorandum of Association is one of two legal documents that are required to form a limited company. The document defines the following points:
the company's name;
the address of the registered office (England, Wales or Scotland);
a statement of limited liability on the shareholders;
a statement of the companies authorized share capital;
the signature of one or more subscribers.
The Articles of Association sets out the rules for the running of the companys internal affairs. Clauses refer to share capital, issue of shares, transfer of shares and powers of Directors. All companies must register Articles with Companies House. The companys Articles of Association must be signed by each subscriber or member in front of an independent witness.
After you have completed and signed the Memorandum and Articles of Association, Companies House Forms 10 and 12 you file the documents to the Registrar of Companies. Within 7 days you should receive a Certificate of Incorporation, and you are now ready to commence business.
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3. Collin P.H. Dictionary of Law. 8,000 terms clearly defined. 4th edition. Bloomsbury Publishing Plc, 2004.
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