A. Scottish Law contains both Civil and Common material. Law of agency is an area which is a part of commercial law which involves a person who is better known as an agent and is authorised to perform on the behalf of an another to create an alliance with a another party. It can be also known as balanced communication between an agent and a principal where the principal allows the agent to work for his side and on his behalf.
Agent helps the principal by doing his work and the agent is in contact with the third party. There are three parties involved in a contract, the agent, the principal and the third party. The agent performs on behalf of the principal and brings the third part into a conclusive relationship with the principal. Two contracts
…show more content…
Here if Kallessi and Maya can’t settle this dispute between themselves and then they will go to court and the judge will decide who in this situation is right or wrong. The court where this will be heard is the Sheriff Court.
Sheriff Courts is the busiest court in Scotland as it deals with both civil and criminal cases, The Judge who takes the final decision is known as the Sheriff and he should at-least have 10 years of minimum experience. Each Sheriff has got the power to take decision on those cases that have taken place under his jurisdiction. Sheriff Courts include both summary and solemn trials.
The Sheriff Courts has a criminal territory to listen to both solemn and summary cases. In Summary criminal cases no jury is present and the Sheriff takes the decision as he decides who is innocent or guilty. Solemn procedure is saved for more serious offenders. Here it takes a lot of time in hearing these cases and the punishments that are imposed over here are more severe. When a trial is going on the Judge sits here along with 15 members of the judiciary who are selected from the local society. Here all the Sheriff has to do is to supervise over the trial and act as the law’s judge because the here the jury alone decides who is guilty and who is
Once the magistrate was satisfied that the evidence was capable of satisfying the jury, the accused was committed for trial or sentence to the Supreme Court. Cases committed to a higher court would then be determined by a judge as well as a jury. However, after Mr Lopez pleaded not guilty, he elected to be tried without a jury: section 132 Criminal Procedure Act 1986 The
I have been volunteering with the Juneau Youth Court (JYC) for the last year and a half. JYC is an alternative court system ¬operated by students for offenders who are under 18, and allows teens who have pleaded guilty to misdemeanor offenses such as Minor Consuming or Shoplifting to have their case heard outside the state court system. When an offender has completed their sentence imposed by JYC, their case is dismissed; if they don’t go through JYC or don’t complete their sentence, their charges will remain on their record. JYC attempts to use a restorative justice approach to discipline rather than simply imposing a punishment so that young offenders will realize the harm that they did, and make restitution.
Criminal Justice today is extremely important from how someone is prosecuted to how someone is helped in a situation. If there was not a Criminal Justice system, people would not know right from wrong. If they did it wouldn’t matter as much, they would still do as they pleased. Criminal justice isn’t just to correct people for doing wrong, it is also to protect people at the time and in the future. In order to do the above, there have to be different levels of authority.
Jurors should not know anything about a specific case and not follow public affairs and read the news (Doc F). When a person is selected to be part of a jury, they have to say an oath stating that they will not use their emotions to determine the verdict of a trial. If a juror is caught using their emotions, they will be fined for a crime called perjury. Since there are twelve people in a jury, there is a variation of opinions when the jury decides a verdict. But, a judge is more professional and knows how to only use the evidence provided and be less biased.
Bench warrants, which are sometimes referred to as body attachments, are among the most common types of warrants issued. The basic bench warrant legal definition covers warrants that were issued by a judge, that is from the bench. Unlike the typical arrest warrant, therefore, bench warrants are not issued based on suspected criminal activity. Instead, the judge will issue them for failure to appear in court, to pay a fine and/or obey other court orders. When you do any of the above, you will be considered to be in contempt of court and you will be subject to a bench warrant.
"Jury System; a system in which the verdict in a legal case is decided by a jury on the basis of evidence submitted to it in court. " Starting at eighteen, you become eligible for jury duty – something many have to do as one of our civic duties, however, it wasn 't always this way. As far as historians know, the jury was established by William the Conqueror who brought it to England from Normandy. However, this system that he brought was nothing more than a system that had witnesses who knew of the matter in question to tell the court what they knew. It 's a known fact that our courts and laws have changed and evolved since when we first created them, otherwise lynching and stoning would still be acceptable punishments for varying crimes.
More than twelve hundred years ago, the country we now call England was inhabited by small groups of Anglo-Saxons who lived in rural communities called Tuns. Tun is the source of the modern English word town. These Anglo-Saxons were often at war. Sometime before the year 700, they decided to systematize their methods of fighting by forming a system of local self-government based on groups of ten.
This paper is to help show how sometimes judges can be Bias or inherent in the amount of bail set and other restrictions for pre-trial release while showing the concept of bail what can be done to prevent arbitrary and potentially prejudiced decisions from being made in the courtroom when it comes to bail by the judge, Also discuss the pros and cons of private vs. public defense. Introduction This paper will show the pros and cons of pre-release and define pre-trail release and bond, arbitrary. bond types also look into the factors of bail amounts a judge looks at to determine how much the defendant’s bail is and a few ways to prevent arbitrary and potentially Prejudice decisions from being made in the court by judges.
This changed when they decided to announce to the public that the agent's services were holding a cable on behalf of the business. Because the client relies on this particular assumption, they are also based on the existence of an agency relationship. This would make the principal, the store, entitled to recover damages from the customer caused by the agent.
Among the illegal immigrants currently living in the United States, continuously crossing the borders and remaining in the United Stated with expired visas each year. Unlawful immigration once an issue of border states such as Arizona or Texas is now impacting all states around the country with problems. Illegal immigration affects all aspects of civilization, from the cost of education, government assistance, and public safety. There is also the matter of when local law enforcement who make it a personal mission to seek out undocumented immigrant 's harassment demanding documents. Although the Federal Government has all authority over the regulating of migration into the United States, the State and local law enforcement and communities are an essential role in improving on the immigration law, and it is effectively enforced.
Is your first instinct to say one with a criminal conviction should never be a teacher? Why or Why Not? Discuss. I personally feel a person who holds a criminal background should be able to be a teacher under the following conditions: criminal conviction was due to a minor infraction, the quantity of convictions is minimal, and the conviction did not occur recently. Minor infractions can included the following: drug possession, petty theft, and driving under the influence (DUI).
In the field of law enforcement, professions can range from uniformed officers, investigators and the support sections. These three different categories can be found in the local, state and even federal government levels. While working in the line of duty, the public depends on the law enforcement to protect the people and the community in which they live in. Even while off duty officers are expected to enforce authority when necessary. Being professional on and off the clock as a police officer or law enforcement officer can really set the image for yourself as well as your department you represent.
Judges has various roles and2 duties in the constitutional democracy of Canada. They interpret the law, assess the evidence presented, and control how hearings and trials unfold in their courtrooms. Most important of all, judges are impartial decision-makers in the pursuit of justice. (Canadian Superior Courts Judges Association, n.d.). The Canadian Judiciary is an adversarial system of justice and the legal cases are challenged between opposing sides, which assures that evidences and legal disputes will be completely and forcefully presented.
In this paragraph, the advantages and disadvantages of trial by jury will be discussed. The main advantages are that juries introduce community values into the legal process and can influence the system (Joyce, 2013); they can achieve a sense of equity and fairness without enforcing unjust laws; in addition, juries are independent and neutral (Davies, 2015). Moreover, they guarantee participation from the public in a democratic institution (Hostettler, 2004), and represent the population thanks to the randomness with which jurors are decided (Davies, 2015). On the other hand, the most important disadvantages are that jurors have no prior contact with the courts, no training (Hostettler, 2004) and therefore they lack knowledge of law, courtroom proceedings (Joyce, 2013), and lack of ability to understand the legal directions (Thomas, 2010). Moreover, they must face evidence which is highly technical (Hostettler, 2004).
Contempt of court, often referred to simply as "contempt", is the offense of being disobedient to or disrespectful towards a court of law and its officers in the form of behaviour that opposes or defies authority, justice, and dignity of the court. It manifests itself in wilful disregard of or disrespect for the authority of a court of law, which is often behaviour that is illegal because it does not obey or respect the rules of a law court. Basically, contempt of court means disobeying court of law and its decision in bringing justice.