Tracing is a procedure in English law used to identify property (such as money) which has been taken from the claimant involuntarily or which the claimant wishes to recover. It is not in itself a way to recover the property, but rather to identify it so that the courts can decide what remedy to apply. The procedure is used in several situations, broadly demarcated by whether the property has been transferred because of theft, breach of trust, or mistake.
Tracing is divided into two forms, common law tracing and equitable tracing. Common law tracing relies on the claimant having legal ownership of the property, and will fail if the property has been mixed with other property, the legal title has been transferred to the defendant, or the legal title has been transferred by the defendant to any further recipient of the property. Equitable tracing, on the other hand, relies on the claimant having an equitable interest in the property, and can succeed where the property has been mixed with other property.
Defences to tracing are possible, particularly if returning the property would harm an innocent defendant, where the claimant has made false representations that the defendant relied on to his detriment, or where the property has been transferred to an innocent third party without anything given to the defendant in return that the claimant could recover in lieu. (Full article...)
Assata Olugbala Shakur (born JoAnne Deborah Byron; July 16, 1947), also known as Joanne Chesimard, is an American political activist and convicted murderer who was a member of the Black Liberation Army (BLA). In 1977, she was convicted in the first-degree murder of State Trooper Werner Foerster during a shootout on the New Jersey Turnpike in 1973. She escaped from prison in 1979 and is currently wanted by the FBI, with a $1 million FBI reward for information leading to her capture, and an additional $1 million reward offered by the Attorney General of New Jersey.
Born in Flushing, Queens, she grew up in New York City and Wilmington, North Carolina. After she ran away from home several times, her aunt, who would later act as one of her lawyers, took her in. She became involved in political activism at Borough of Manhattan Community College and City College of New York. After graduation, she began using the name Assata Shakur, and briefly joined the Black Panther Party. She then joined the BLA, a loosely knit offshoot of the Black Panthers, which engaged in an armed struggle against the US government through tactics including robbing banks and killing police officers and drug dealers.
Between 1971 and 1973, she was charged with several crimes and was the subject of a multi-state manhunt. In May 1973, Shakur was arrested after being wounded in a shootout on the New Jersey Turnpike. Also involved in the shootout were New Jersey State Troopers Werner Foerster and James Harper and BLA members Sundiata Acoli and Zayd Malik Shakur. State Trooper Harper was wounded; Zayd Shakur was killed; State Trooper Foerster was killed. Between 1973 and 1977, Shakur was charged with murder, attempted murder, armed robbery, bank robbery, and kidnapping in relation to the shootout and six other incidents. She was acquitted on three of the charges and three were dismissed. In 1977, she was convicted of the murder of State Trooper Foerster and of seven other felonies related to the 1973 shootout. Her defense had argued medical evidence suggested her innocence since her arm was damaged in the shootout.
While serving a life sentence for murder, Shakur escaped in 1979, with assistance from the BLA and members of the May 19 Communist Organization, from the Clinton Correctional Facility for Women in Union Township, NJ, now the Edna Mahan Correctional Facility for Women. She surfaced in Cuba in 1984, where she was granted political asylum. Shakur has lived in Cuba since, despite US government efforts to have her returned. She has been on the FBI Most Wanted Terrorists list since 2013 as Joanne Deborah Chesimard and was the first woman to be added to this list. (Full article...)
A statute is a formal written enactment of a legislative body, a stage in the process of legislation. Typically, statutes command or prohibit something, or declare policy. Statutes are laws made by legislative bodies; they are distinguished from case law or precedent, which is decided by courts, regulations issued by government agencies, and oral or customary law.[better source needed] Statutes may originate with the legislative body of a country, state or province, county, or municipality. (Full article...)
House Bill 444 (abbreviated H.B. 444) was a 2009 bill of the Hawaii State Legislature, passed in April 2010 and vetoed by Governor of Hawaii Linda Lingle, that would have legalized civil unions for couples in the state of Hawaii. Its legislative process was accompanied by controversy over the bill's content and effects and rallies were held by supporters and opponents.
The bill passed the Hawaii House of Representatives in February 2009 in a form specific to same-sex couples, was passed in amended form including opposite-sex couples by the Hawaii Senate in May 2009, and was carried over in the 2010 session, where it passed the Senate again in January 2010 with a veto-proof majority. The bill moved back to the House but was indefinitely postponed by a voice vote initiated by House Speaker Calvin Say, requiring a vote of two-thirds of Representatives to be taken up again in 2010, and was considered dead. In April 2010, on the last day of the legislative session, the House suspended the rules on the Senate bill and passed it with a majority, sending the bill to Governor Linda Lingle, who vetoed it in July 2010.
Hawaii did not allow same-sex marriages or civil unions, but two unmarried people can register for a reciprocal beneficiary relationship, which provides some of the rights and benefits that come with marriage. The bill was written to become law on January 1, 2010, would allow all couples to obtain rights equal to those of married couples, and make Hawaii the only state in the Western United States to allow civil unions instead of domestic partnerships. (Full article...)
- ... that after the death of Olaseni Lewis, who was restrained by 11 police officers, UK law was changed to require police to wear body cameras when dealing with vulnerable people?
Case law, also used interchangeably with common law, is a law that is based on precedents, that is the judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations. Case law uses the detailed facts of a legal case that have been resolved by courts or similar tribunals. These past decisions are called "case law", or precedent. Stare decisis—a Latin phrase meaning "let the decision stand"—is the principle by which judges are bound to such past decisions, drawing on established judicial authority to formulate their positions. (Full article...)
Motte v Faulkner (decided 28 November 1735) was a copyright lawsuit between Benjamin Motte and George Faulkner over who had the legal rights to publish the works of Jonathan Swift in London. This trial was one of the first to test the Statute of Anne copyright law in regards to Irish publishing independence. Although neither held the copyright to all of Swift's works, the suit became a legal struggle over Irish rights, which were eventually denied by the English courts. Faulkner, in 1735, published the Works of Jonathan Swift in Dublin. However, a few of the works were under Motte's copyright within the Kingdom of Great Britain, and when Faulkner sought to sell his book in London, Motte issued a formal complaint to Jonathan Swift and then proceeded to sue Faulkner. An injunction was issued in Motte's favor, and the book was prohibited from being sold on British soil. The basis of the law protected the rights of the author, and not the publisher, of the works, and Swift was unwilling to support a lawsuit against Faulkner. With Swift's reaction used as a basis, the lawsuit was later seen as a struggle between the rights of Irishmen to print material that were denied under English law. (Full article...)
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