25. Parental Responsibility

Family Law ◽  
2020 ◽  
pp. 248-253
Author(s):  
Roiya Hodgson
Keyword(s):  
Case Law ◽  
Parental Responsibility ◽  
Unmarried Fathers ◽  
The Law ◽  
Definition Of

Parental responsibility (PR) is one of the most important concepts in the Children Act 1989. This chapter provides the definition of PR as taken from Section 3 of the Children Act 1989 and provides examples of what it actually is in relation to decisions and responsibilities that a parent may make on behalf of their child during their childhood. It discusses the nature and scope of PR, and how it is acquired. It covers the law on automatic parental responsibility; how unmarried fathers can acquire PR; and PR for non-natural parents. It also discusses termination of PR orders and agreements. Case-law is used to provide examples.

25. Parental Responsibility

2019 ◽  
pp. 248-253
Author(s):  
Jane Sendall ◽  
Roiya Hodgson
Keyword(s):  
Case Law ◽  
Parental Responsibility ◽  
Unmarried Fathers ◽  
The Law ◽  
Definition Of

Parental responsibility (PR) is one of the most important concepts in the Children Act 1989. This chapter provides the definition of PR as taken from Section 3 of the Children Act 1989 and provides examples of what it actually is in relation to decisions and responsibilities that a parent may make on behalf of their child during their childhood. It discusses the nature and scope of PR, and how it is acquired. It covers the law on automatic parental responsibility; how unmarried fathers can acquire PR; and PR for non-natural parents. It also discusses termination of PR orders and agreements. Case-law is used to provide examples.

Ambiguity in Insider Trading Regulations: Saudi Arabia as a Case Study

2020 ◽  
Vol 34 (4) ◽  
pp. 408-427
Author(s):  
Yahya A. Alomari
Keyword(s):  
Saudi Arabia ◽  
Insider Trading ◽  
Public Information ◽  
Case Law ◽  
Insider Information ◽  
The Law ◽  
Definition Of ◽  
Criminal Conduct ◽  
Material Information

Abstract The Saudi legal system recognises insider trading as a crime and has established laws in order to prevent it. Yet, the complicated nature of insider trading makes it challenging to enact regulations that cover all of the aspects of the crime and clearly identify criminal conduct. This article analyses insider trading regulations in Saudi Arabia and addresses their ambiguities. This article specifies current Saudi regulations pertaining to the crimes of insider trading and disclosing material information, as well as analysing both crimes. It addresses ambiguities found in the language of the law as well as in case law. This article also criticises the definition of insider information under the law. The issue of ‘use’ versus ‘possession’ is discussed: namely, whether what is prohibited is trading on the basis of material non-public information or trading while in possession of material non-public information.

Visually Handicapped People and the Law

1987 ◽  
Vol 81 (2) ◽  
pp. 53-58 ◽  
Author(s):  
V.E. Bishop
Keyword(s):  
Final Section ◽  
Case Law ◽  
Legal Definition ◽  
Legal Precedent ◽  
Legal Position ◽  
Handicapped People ◽  
The Law ◽  
Definition Of ◽  
Visually Handicapped

This paper explores the definitional problems of visual handicaps, especially in terms of the legal definition of blindness. A brief history is given of the laws concerning visually handicapped people, and a discussion of case law describes legal precedent. A final section presents suggestions for strengthening the legal position of visually handicapped people in future litigation.

Clause 106 of the Adoption and Children Bill: legislation for the ‘good’ father?

Legal Studies ◽  
2002 ◽  
Vol 22 (2) ◽  
pp. 276-296 ◽  
Author(s):  
Julie Wallbank
Keyword(s):  
Case Law ◽  
Recent Case ◽  
Parental Responsibility ◽  
Perceived Need ◽  
Factors Influencing ◽  
Unmarried Fathers ◽  
Two Factors

This paper critically evaluates clause 106 of the Adoption and Children Bill that permits for unmarried fathers to acquire parental responsibility on joint registration of the child's birth. I will argue that there are two factors influencing the proposed expansion of the ways in which fathers may acquire parental responsibility. First, current law recognises the automatic parental responsibility of mothers but only of married fathers, and so is said to contain an imbalance in favour of mothers. Secondly, there is a perceived need to recognise the father's commitment to the child, which is allegedly demonstrated through the act of registration. This paper examines these two themes by reviewing recent case law relating to section 4 applications. It will show that the current law does at least place an emphasis on fathers showing some merit to the court and will argue that the reform in itself will do little to enhance and promote the relationships between children and fathers. However, as a result considerable incursion will be made into the control that women, as primary carers, have in relation to their children.

scholarly journals FORCED TAX COLLECTION PROCEEDINGS IN BRAZIL: AN OVERVIEW OF FEDERAL LAW NO. 6,830

2018 ◽  
Vol 2 (2) ◽  
pp. 267-285
Author(s):  
Bruno Fernandes Dias
Keyword(s):  
Case Law ◽  
Federal Law ◽  
Tax Collection ◽  
The Third ◽  
National Courts ◽  
Court Of Justice ◽  
The Law ◽  
Debt Collection ◽  
The Many ◽  
Definition Of

In Brazil, despite there being specific legislation regulating forced tax collection proceedings, these are still largely influenced by case law of national courts. We are now living in the third decade of Federal Law No. 6,830, promulgated in 1980, which aimed to guarantee greater privileges to the treasury in the course of the debt collection saga. However, the many loopholes and lacunae gaping throughout the text have left all stakeholders – government, taxpayers and judges – somewhat exasperated. Part II of this Paper analyzes the main features of forced tax collection proceedings: registration of the tax liability, presumption of liquidity and certainty; definition of “responsible” persons in terms of the law; collateralization and challenges to the debt; and the tax liability vis-à-vis other debts. A brief look is given to other pieces of procedural legislation related to tax disputes, most importantly the suits for a writ of mandamus; actions for restoration of undue payments, and actions for annulment. Finally, summaries of case law of the Superior Court of Justice are considered. These form an essential part of Brazilian sources of case law, most especially in tax proceedings.

scholarly journals FORCED TAX COLLECTION PROCEEDINGS IN BRAZIL: AN OVERVIEW OF FEDERAL LAW NO. 6,830

2014 ◽  
Vol 2 (2) ◽  
pp. 267-285
Author(s):  
Bruno Fernandes Dias
Keyword(s):  
Case Law ◽  
Federal Law ◽  
Tax Collection ◽  
The Third ◽  
National Courts ◽  
Court Of Justice ◽  
The Law ◽  
Debt Collection ◽  
The Many ◽  
Definition Of

In Brazil, despite there being specific legislation regulating forced tax collection proceedings, these are still largely influenced by case law of national courts. We are now living in the third decade of Federal Law No. 6,830, promulgated in 1980, which aimed to guarantee greater privileges to the treasury in the course of the debt collection saga. However, the many loopholes and lacunae gaping throughout the text have left all stakeholders – government, taxpayers and judges – somewhat exasperated. Part II of this Paper analyzes the main features of forced tax collection proceedings: registration of the tax liability, presumption of liquidity and certainty; definition of “responsible” persons in terms of the law; collateralization and challenges to the debt; and the tax liability vis-à-vis other debts. A brief look is given to other pieces of procedural legislation related to tax disputes, most importantly the suits for a writ of mandamus; actions for restoration of undue payments, and actions for annulment. Finally, summaries of case law of the Superior Court of Justice are considered. These form an essential part of Brazilian sources of case law, most especially in tax proceedings.

Impact Of Title I Of The Americans With Disabilities Act On People With Psychiatric Disabilities

2001 ◽  
Vol 32 (1) ◽  
pp. 45-50 ◽  
Author(s):  
Rebecca Spirito Dalgin
Keyword(s):  
Title I ◽  
Americans With Disabilities Act ◽  
Case Law ◽  
Psychiatric Disabilities ◽  
Recent Case ◽  
Rehabilitation Counselors ◽  
Current Information ◽  
The Law ◽  
Definition Of ◽  
The Impact

This article describes the intricacies of Title I of the ADA for people with psychiatric disabilities. Due to the complexities of the law it is important that rehabilitation counselors understand the specific dilemmas Title I presents for this population. Concerns about the ADA's definition of disability, qualification for the job, requesting accommodations, and disclosure will be discussed. Additionally, recent case law is provided on the impact of Title I for people with psychiatric disabilities. Rehabilitation counselors will gain critical and current information about ADA issues for people with psychiatric disabilities.

8. Parenthood and Parental Responsibility

2021 ◽  
pp. 454-522
Author(s):  
Polly Morgan
Keyword(s):  
Reproductive Technologies ◽  
Parental Responsibility ◽  
The Past ◽  
Unmarried Fathers ◽  
The Law

In the past, the identity of a child's mother was always clear. However, thanks to reproductive technologies, a woman can gestate, nourish, and give birth to a child to whom she is not genetically connected. In addition, a person can be legally male and conceive, carry, and give birth to a child. The law has had to adapt to these circumstances. This chapter looks at how the law has defined parentage. It considers reproductive technologies and the various permutations of conception that exist today. It then turns to parental responsibility before concluding by looking at the position of unmarried fathers.

Hearsay evidence in Uganda: Understanding its meaning, admissibility and probative value

2020 ◽  
Vol 24 (4) ◽  
pp. 418-439
Author(s):  
Jamil Ddamulira Mujuzi
Keyword(s):  
Supreme Court ◽  
Direct Evidence ◽  
Case Law ◽  
High Court ◽  
Probative Value ◽  
The Law ◽  
Hearsay Rule ◽  
Definition Of ◽  
Hearsay Evidence ◽  
Court Of Appeal

In Uganda legislation requires witnesses to adduce direct evidence in court. However, this may not be possible in all cases and the law provides for circumstances in which hearsay may be admissible. The Evidence Act is the main piece of legislation which governs the issue evidence. In this article, the author relied on 539 cases in which the Ugandan High Court, Court of Appeal and Supreme Court have dealt with hearsay evidence to establish the principles which these courts have developed on this issue. This case law shows, inter alia, that there are three major issues that Ugandan courts are still grappling with when it comes to hearsay evidence: the definition of hearsay; the admissibility of hearsay (exceptions to the hearsay rule) and the probative value of hearsay evidence. The author suggests ways in which courts can handle these issues.

scholarly journals FORCED TAX COLLECTION PROCEEDINGS IN BRAZIL: AN OVERVIEW OF FEDERAL LAW NO. 6,830

2018 ◽  
Vol 2 (2) ◽  
pp. 267-285
Author(s):  
Bruno Fernandes Dias
Keyword(s):  
Case Law ◽  
Federal Law ◽  
Tax Collection ◽  
The Third ◽  
National Courts ◽  
Court Of Justice ◽  
The Law ◽  
Debt Collection ◽  
The Many ◽  
Definition Of

In Brazil, despite there being specific legislation regulating forced tax collection proceedings, these are still largely influenced by case law of national courts. We are now living in the third decade of Federal Law No. 6,830, promulgated in 1980, which aimed to guarantee greater privileges to the treasury in the course of the debt collection saga. However, the many loopholes and lacunae gaping throughout the text have left all stakeholders – government, taxpayers and judges – somewhat exasperated. Part II of this Paper analyzes the main features of forced tax collection proceedings: registration of the tax liability, presumption of liquidity and certainty; definition of “responsible” persons in terms of the law; collateralization and challenges to the debt; and the tax liability vis-à-vis other debts. A brief look is given to other pieces of procedural legislation related to tax disputes, most importantly the suits for a writ of mandamus; actions for restoration of undue payments, and actions for annulment. Finally, summaries of case law of the Superior Court of Justice are considered. These form an essential part of Brazilian sources of case law, most especially in tax proceedings.

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