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.

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.

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.

scholarly journals The problems of improving the legal framework in combating extremism

2018 ◽  
Vol 55 ◽  
pp. 02012
Author(s):  
Arthur Burinov ◽  
Lydia Burinova ◽  
Altana Noyanova
Keyword(s):  
Final Section ◽  
Research Paper ◽  
Legal Framework ◽  
European Countries ◽  
Legal Definition ◽  
Definition Of

This research paper explores the importance of legal definition of the terms “extremism” and “extremist activities”. It reviews a few specific measures announced and adopted by some European countries with extensive counterextremism experience. In the final section, a number of concluding thoughts and recommendations are offered, which express the researchers’ view of combating extremism by improving the legal framework.

Defining money laundering under Malawian law: a critical appraisal for compliance with international standards

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Lewis Chezan Bande
Keyword(s):  
Best Practices ◽  
Money Laundering ◽  
Case Law ◽  
International Standards ◽  
Content Type ◽  
Transnational Organized Crime ◽  
Legal Definition ◽  
Actus Reus ◽  
Definition Of ◽  
Constituent Elements

Purpose The purpose of this paper is to critically appraise the legal definition of the offence of money laundering under Malawian law. The goal is to evaluate whether the definition meets international standards and best practices on legal definition of money laundering, particularly as contained in the United Nations Convention against Transnational Organized Crime (UNCATOC). Design/methodology/approach The paper is a doctrinal analysis of the legal definition of the offence of money laundering under Malawian law. It examines the constituent elements of the offence based on the traditional conception of a criminal offence as constituting the prohibited conduct (or actus reus) and the mental element (or mens rea). The paper comparatively evaluates the offence vis-à-vis international standards and best practices, particularly as contained in the UNCATOC. Findings The paper concludes that the definition is compliant with international standards and best practices. Research limitations/implications The paper is based on the statutory definition of the offence, but was unable to examine how the offence is interpreted and applied in concrete cases by Malawian courts. The reason is the lack of any case law through which courts have interpreted and applied the offence. Practical implications The paper provides the template for future interpretation and application of the offence by courts in the future. Social implications Enhancing the clarity and certainty in the law on money laundering in Malawi. Originality/value The paper is an elucidation of a statutory provision that was recently adopted in Malawi and for which there is no authoritative clarification. The paper, therefore, makes an invaluable contribution to the fight against money laundering in Malawi by being a guide to law enforcers, lawyers, courts and policy/legislative makers.

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.

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.

Der Begriff und die Rechtsnatur von Geschäfts- und Betriebsgeheimnissen unter Berücksichtigung der Geheimnisschutz-Richtlinie

2019 ◽  
Author(s):  
Yasamin Rody
Keyword(s):  
German Law ◽  
Case Law ◽  
Trade Secret ◽  
Civil Code ◽  
Trade Secrets ◽  
Legal Definition ◽  
Legal Nature ◽  
Definition Of ◽  
Trade Secret Protection ◽  
The Eu

Trade secret protection requires secrets of a certain quality, and this can easily be lost. Within the EU’s Member States, the protection of business and trade secrets is different. To improve this protection, the EU adopted Directive (EU) 2016/943 on 8th June 2016. Article 2 (1) of the directive contains a legal definition of trade secrets. This puts the definition developed by case law in Germany under scrutiny. Does the German definition also meet European requirements? In order to answer this question, the author examines the characteristics of the concept of secrecy under German law and compares them with those of the directive. Furthermore, the author deals with the legal nature of business and trade secrets. This relates to the still controversial question of whether trade secrets constitute absolute rights according to section 823 (1) of the German Civil Code.

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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